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1 1 (July 9, 2019)

handle is hein.crs/govbafm0001 and id is 1 raw text is: Congressional a Research Service EPA Repeals the Clean Power Plan and Finalizes Affordable Clean Energy Rule July 9, 2019 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. Background In August 2018, EPA proposed ACE in response to Executive Order (E.O.) 13783, which directed federal agencies to review existing regulations and policies that potentially burden the development or use of domestically produced energy resources. Under E.O. 13783, EPA reviewed the CPP, which the agency promulgated in 2015 to limit GHG emissions from existing fossil-fueled power plants. The CPP was the subject of ongoing litigation and never went into effect. EPA's review concluded that the CPP exceeded EPA's statutory authority. The agency therefore proposed repeal of the CPP in 2017 and proposed ACE to replace it in 2018. The ACE proposal applied a narrower interpretation than the CPP of the BSER, defining it as on-site heat rate improvements for existing coal-fired units. EPA proposed two additional actions in ACE-one to revise the general regulations that implement CAA Section 111(d) and another to modify an applicability determination for New Source Review (NSR), the CAA preconstruction permitting program for new and modified stationary sources. Congressional Research Service https://crsreports.congress.gov IN11142 CRS INSIGHT Prepared for Members and Committees of Congress

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