EPA Proposes New Rules for Greenhouse Gases for New Source Performance Standards from Fossil Fuel-fired Electric Generating Units

July 2023

Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 10

On May 23, 2023, the United States Environmental Protection Agency’s (EPA) proposed rule setting new greenhouse gas (GHG) emissions standards for coal- and gas-fired power plants (Proposed Rule) was published in the General Register. The new proposed GHG emissions standards aim to fulfill EPA’s obligation under the federal Clean Air Act (CAA) to control carbon dioxide emissions at new and existing power plants through a variety of control methods like carbon capture and storage, low GHG-hydrogen co-firing, and natural gas co-firing. More specifically, EPA is proposing (1) revised New Source Performance Standards (NSPS) for GHG emissions from new fossil fuel-fired stream generating units that undertake a large modification, based upon the eight-year review that the CAA requires; (2) emission guidelines for GHG emissions from existing fossil fuel-fired steam generating EGUs, which include both coal-fired and oil/gas-fired steam generating EGUs; and (3) emission guidelines for GHG emissions from the largest, most frequently operating existing operated existing stationary combustion turbines. As part of this proposed Rule, the EPA is also proposing to formally repeal the Affordable Clean Energy (ACE) Rule.

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