NSPS for GHG Emissions from New, Modified, and Reconstructed Electric Utility Generating Units
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Rule Summary
Under Section 111(b) of the Clean Air Act, EPA sets New Source Performance Standards (NSPS) for greenhouse gas (GHG) emissions from new, modified, and reconstructed fossil fuel-fired power plants.
In 2015, EPA issued final regulations to limit GHG emissions from new fossil fuel-fired utility boilers and from natural gas-fired stationary combustion turbines. Those emission limits remain in place today.
In 2018, EPA proposed to amend the limits for newly constructed coal-fired units. EPA did not propose to amend the standards of performance for newly constructed or reconstructed stationary combustion turbines. In January 2021, EPA issued a final rule for determining when standards are appropriate for GHG emissions from stationary source categories under Clean Air Act (CAA) section 111(b)(1)(A). EPA did not take final action to revise the 2015 final rule.
On March 17, 2021, in line with President Biden’s Executive Order 13990 on “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” EPA asked the D.C. Circuit to vacate and remand the “significant contribution” final rule. The rule was promulgated without public notice or opportunity to comment. On April 5, 2021, the D.C. Circuit vacated and remanded the January 2021 final rule.
Rule History
- 4/25/24 - Final rule
- 5/11/23 - Proposed rule
- 1/13/21 - Pollutant-Specific Significant Contribution Finding (vacated and remanded on 4/5/2021)
- 12/6/18 - Proposed Revision
- 10/23/15 - Final Rule
- 6/2/2014 - Proposed Rule
Additional Resources
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White paper: Available and Emerging Technologies for Reducing Greenhouse Gas Emissions from Combustion Turbine Electric Generating Units - Draft released on April 21, 2022 and available for public input until June 6, 2022.
- Additional information on the January 2021 Pollutant-Specific Contribution Finding (vacated and remanded on 4/5/2021)
- Additional information on the December 2018 Proposed Revision