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1 (January 4, 2018)

handle is hein.crs/crsmthmbdpl0001 and id is 1 raw text is: Congressional ______ GResearch Service ~ nforming the Ieg~Isative debate since 19!4 EPA Proposes to Repeal the Clean Power Plan Linda Tsang Legislative Attorney January 4, 2018 UPDATE: On December 28, 2017, the US. Environmental Protection Agency (EPA) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking information on a potential replacement to the Clean Power Plan (CPP) the emissions guidelines for greenhouse gases (GHGs) from existing power plants that the agency proposed to repeal in October 2017. An ANPRM allows an agency to gather information for potential rulemaking but does not bind an agency to future action. As explained in the ANPRM, EPA is considering proposing a rule to replace the CPP and seeks comments on the (1) roles, responsibilities, and limitations of the federal government, state governments, and regulated entities in developing and implementing the new GHG emission guidelines; (2) the best system of emission reduction consistent with EPA s new legal interpretation set forth in the proposed repeal of the CPP; and (3) approaches to harmonize and streamline the process and applicability of Clean Air Act permitting for existing power plants regulated under the new emission guidelines. EPA will accept comments on the ANPRM until February 26, 2018. This Legal Sidebar post originally appeared 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? Congressional Research Service 7-5700 www.crs.gov LSB10016 CRS Legal Sidebar Prepared for Members and Committees of Conaress

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