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Congressional _______
~Research Service
informing the leg slative debate since 1914
EPA Proposes to Repeal the Clean Power Plan
Linda Tsang
Legislative Attorney
November 13, 2017
On October 10, 2017, the Environmental Protection Agency (EPA) issued a proposal to repeal the Obama
Administration's 2015 rule, Carbon Pollution Emission Guidelines for Existing Stationary Sources:
Electric Utility Generating Units (EGUs) (commonly referred to as the Clean Power Plan (CPP) rule).
(See this CRS report for additional background on the CPP). The CPP has not gone into effect because
the Supreme Court in 2016 stayed the implementation of the rule until the lawsuit challenging its legality
is resolved. Upon its review of the CPP and its 2015 legal justification, EPA has now determined that the
CPP exceeds its statutory authority based on a change in the agency's legal interpretation of Section 111
of the Clean Air Act (CAA). The proposal formally starts a potentially lengthy process to repeal the CPP
and raises questions about whether EPA will replace the CPP with another rule targeting CO2 emissions
from existing power plants and how the repeal will affect existing legal challenges to the CPP. This
Sidebar will explore these and other questions and the next steps in repealing the CPP.
What is the legal basis for EPA's proposed repeal of the CPP?
EPA is proposing to repeal the CPP after reviewing the rule and its 2015 legal justification, in accordance
with the Trump Administration's Executive Order 13783, Promoting Energy Independence and
Economic Growth. Upon review of the CPP, EPA determined that its 2015 legal interpretation of the
best system of emission reduction (BSER) for CO2 from existing power plants exceeds its statutory
authority under CAA Section 111 (d).
As background, Section 111 directs EPA to list categories of stationary sources that cause or contribute
significantly to air pollution which may reasonably be anticipated to endanger public health or welfare.
Once EPA lists a source category such as fossil fuel-fired EGUs (power plants), Section 11 (b) requires
EPA to establish standards of performance for new and modified sources (known as NSPSs) within a
listed source category. Under Section 11 (a), a standard of performance is defined as a standard for
emissions of air pollutants which reflects the degree of emission limitation achievable through the
application of the best system of emission reduction [BSER]. Once NSPSs are issued under Section
111 (b) for new or modified sources in that category, EPA is then required to establish emission
Congressional Research Service
7-5700
www.crs.gov
LSB10016
CRS Legal Sidebar
Prepared for Members and
Committees of Conaress](ViewImageLocal?handle=hein.crs/crsmthmbdft0001&div=1&collection=&method=preview&ext=.png&size=3)