EPA issues Clean Power Plan final rule: what now?

November 15, 2015 |

In Washington, the US Environmental Protection Agency published in the Federal Register a highly anticipated final rule implementing its Carbon Pollution Emission Guidelines for Existing Electric Utility Generating Units, also known as the Clean Power Plan (80 Fed. Reg. 64662). A prepublication version of the final rule has been available since August 3. However, the rule’s official publication starts the clock on compliance with the CPP and also opens the rule to legal challenges.

The highly controversial CPP is among the most important of the Obama administration’s many regulatory measures to combat climate change, and there are provisions in the rule for the use of advanced biofuels. There are plans afoot, for example, to secure a CO2 offset in a required state compliance plan for coal-fired power plants to commercially come into compliance with the new rules, if they invest into waste-to-energy projects, including those for advanced biofuels. In this regard, the CO2 not being emitted into the air by the advanced biofuels plant must offset the CO2 emissions emitted into the atmosphere by the coal-fired power plant.

Here’s a key report from long-time Digesterato Mark Riedy and a team at Kilpatrick Townsend, looking at structure And mechanics plan, state goal-setting, and more. You can download the alert here.

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Category: Policy

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