EPA Repeals the Clean Power Plan and Finalizes Affordable Clean Energy Rule [July 9, 2019] [open pdf - 528KB]
From the Document: "The U.S. Environmental Protection Agency (EPA) finalized its repeal of the Clean Power Plan (CPP) and promulgated new emissions guidelines in the Affordable Clean Energy (ACE) rule. EPA based these actions on its conclusion that the CPP exceeded Clean Air Act (CAA) authority by using measures that applied to the power sector as a whole rather than measures carried out within an individual facility. Among other things, the final ACE rule establishes efficiency improvements as the 'best system of emission reduction' (BSER) for existing coal-fired power plant greenhouse gas (GHG) emissions. Stakeholders have expressed divergent views, ranging from agreement with EPA's interpretation of its CAA authority and its BSER determination under Section 111(d) to the New York Attorney General's announced intent to sue EPA regarding ACE. Additional litigation is expected. This Insight summarizes the rulemaking and discusses potential considerations for Congress."
CRS Insight, IN11142
Congressional Research Service: https://crsreports.congress.gov/