EPA’s Announced Guidelines to Cut Carbon Pollution from Existing Power Plants Stresses Flexibility and Defers to States’ Existing and Future Plans

摘要

On June 2, the U.S. Environmental Protection Agency (EPA) released the draft Clean Power Plan proposal that had many in the energy industry fearing the worst for themselves and their customers. EPA proposed a state goal approach under section 111(d) of the Clean Air Act (CAA), which requires that EPA identify the “best system of emission reduction … adequately demonstrated” (BSER) that is available to limit pollution – and set guidelines for states to achieve reductions that reflect that system. States then would make plans to get the reductions that would result from that system. EPA also is proposing to give states “the option to convert the rate-based goal to a mass-based goal if they choose to in their state plans.” Adopting a mass-based goal would better allow a state or group of states to cap their tonnage of CO2 emissions and set up a trading program if they choose that option. States can develop a state-only plan or collaborate with each other to develop plans on a multi-state basis to meet the goals outlined in the proposal.