Power Plant Greenhouse Gas Endangerment Finding & Section 111 Rules

Current understanding

EPA’s 2015 Endangerment Finding for fossil-fuel-fired power plants underpinned both the 2015 Clean Power Plan-era rule and the 2024 power plant greenhouse gas rule setting CO2 limits for coal- and gas-fired generating units under Clean Air Act §111. In 2025 EPA proposed to rescind the 2015 Finding and repeal both the 2015 and 2024 rules, arguing that §111 does not authorize climate-based regulation of power-plant GHGs. The proposal, if finalized, would eliminate federal CO2 performance standards for the existing fossil fleet; critics argue it conflicts with Massachusetts v. EPA and would raise emissions while reducing projected compliance costs on utilities.

Evidence log

• 2026-09-17 — Partial Repeal of the Carbon Pollution Standards for Fossil Fuel-Fired Electric Generating Units: 2025 — EPA finalized partial repeal of the 2024 Carbon Pollution Standards, dropping the CCS-based BSER determinations for existing coal and new baseload gas turbines; converts the earlier proposed rescission into binding regulatory relief for the fossil-fuel power fleet. (novelty: 4)
• 2026-09-17 — Rescission of the Greenhouse Gas Findings for Fossil Fuel-Fired Power Plants and Repeal of Regulations for Power Plant Greenhouse Gas Emissions Under Clean Air Act Section 111: cross-connection with coal-combustion-residuals-permit-program: Both affect the regulatory cost stack on coal-fired generating units; rescinding GHG limits while CCR permitting continues shifts the dominant compliance driver back to waste and criteria-pollutant rules. (novelty: 4)

Open questions

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