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

Key claim: EPA is proposing that the Clean Air Act does not let it set greenhouse-gas limits on coal- and gas-fired power plants because of climate change, and wants to rescind the 2015 findings and repeal the 2015 and 2024 power-plant climate rules.

Abstract

(Proposed Rule · Environmental Protection Agency) In this action, the U.S. Environmental Protection Agency (EPA) is supplementing its proposal to repeal all greenhouse gas (GHG) emission standards for fossil fuel-fired electric generating units (EGUs) to effectuate the best reading of Clean Air Act (CAA) section 111. We propose that CAA section 111 does not authorize the EPA to regulate emissions from power plants in response to global climate change concerns. For the multiple and independent reasons described herein, this additional rationale would also require rescinding the Administrator’s contrary findings and determinations in 2015 and repealing all associated 2015 and 2024 GHG standards for the fossil fuel-fired EGU source category. In a separate action published concurrently with this supplemental notice, the EPA is finalizing the repeal of certain 2024 GHG standards for the fossil fuel-fired EGU source category on distinct legal and technical grounds. We are not reopening that final rule. Nor are we soliciting further comment on those issues through this supplemental notice, except to the extent that commenters believe the final rule bears on the distinct questions of statutory authority addressed herein.

Why this matters

The 2015 Endangerment Finding is the legal foundation EPA has used to regulate greenhouse gases from the single largest stationary source category in the United States. Rescinding it, and repealing the 2015 and 2024 rules together, would remove federal CO2 performance standards from the entire existing coal and gas fleet, shifting climate policy on the power sector to states, markets, and other statutes. The scope and legal theory — that Clean Air Act §111 does not reach climate-driven regulation — would also constrain any future administration from using the same authority.

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