EPA Initiates Review of GHG Standards for New and Modified Power Plants

The Environmental Protection Agency (EPA) published a notice in the Federal Register announcing that it is reviewing and, if appropriate, will initiate proceedings to suspend, revise or rescind the Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Electric Generating Units. EPA is reviewing the rule pursuant to President Trump’s Executive Order on Promoting Energy Independence and Economic Growth. The notice states that EPA will consider the following issues in its review:

• Whether the rule and alternative approaches are appropriately grounded in EPA’s statutory authority and consistent with the rule of law
• Whether the rule or alternative approaches would appropriately promote cooperative federalism and respect the authority and powers that are reserved to the states
• Whether the rule and alternative approaches effect the Administration’s dual goals of protecting public health and welfare while also supporting economic growth and job creation
• Whether the rule or alternative approaches appropriately maintain the diversity of reliable energy resources and encourage the production of domestic energy sources to achieve energy independence and security
• Whether the rule and alternative approaches will provide benefits that substantially exceed their costs