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B-331799 1 (2020-03-11)

handle is hein.gao/gaobaeavr0001 and id is 1 raw text is: cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-331799 March 11, 2020 The Honorable John Barrasso Chairman The Honorable Thomas R. Carper Ranking Member Committee on Environment and Public Works United States Senate The Honorable Frank Pallone, Jr. Chairman The Honorable Greg Walden Ranking Member Committee on Energy and Commerce House of Representatives Subject: Environmental Protection Agency: Repeal of the Clean Power Plan; Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guidelines Implementing Regulations Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Environmental Protection Agency (EPA) entitled Repeal of the Clean Power Plan; Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guidelines Implementing Regulations (RIN: 2060- AT67). We received the rule on June 25, 2019.1 The House of Representatives and the Senate received the rule on June 25, 2019. 165 Cong. Rec. H5254 (daily ed. June 27, 2019); 165 Cong Rec. S4626 (daily ed. June 27, 2019). It was published in the Federal Register as a final rule on July 8, 2019. 84 Fed. Reg. 32520. The effective date of the rule is September 6, 2019. The final rule has three parts. First, it repeals the Clean Power Plan (CPP). EPA stated it is repealing the CPP because it determined that the CPP exceeded the EPA's statutory authority under the Clean Air Act (CAA). Second, the rule contains provisions called the Affordable Clean Energy rule (ACE), consisting of emission guidelines for greenhouse gas (GHG) emissions from existing electric utility generating units (EGUs) under section 111(d) of the CAA. 42 U.S.C. § 7411(d). According to EPA, ACE will inform states on the development, submittal, and implementation of state plans to establish performance standards for GHG emissions from certain fossil fuel-fired EGUs. As part of ACE, EPA determined that heat rate improvement is 1 The Congressional Review Act requires GAO to provide our major rule reports to the committees of jurisdiction by the end of 15 days after the submission or publication date. 5 U.S.C. § 801(a)(2)(A). In conjunction with our practice of conducting outreach to agencies when we believe a rule has not been submitted, we discovered that the rule was actually received internally on June 25, 2019, but was misclassified as a nonmajor rule in our database. Consequently, our report should have been issued by the end of 15 days after the July 8, 2019, publication date.

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