战略与国际研究中心-Experts-React_-EPA-Proposes-Clean-Power-Plan-Alternative_68页_959kb

Summary of EPA's Proposed Rule on Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units

Core Content

The U.S. Environmental Protection Agency (EPA) is proposing the Affordable Clean Energy (ACE) rule to replace the previously promulgated Clean Power Plan (CPP). The rule aims to establish emission guidelines for greenhouse gas (GHG) emissions from existing electric utility generating units (EGUs), revise the implementing regulations under section 111(d) of the Clean Air Act (CAA), and update the New Source Review (NSR) program to better accommodate energy efficiency projects.

Main Actions

1. Affordable Clean Energy (ACE) Rule

   • Replaces the CPP, which was found to exceed EPA's legal authority.
   • Determines that heat rate improvement (HRI) measures are the best system of emission reduction (BSER) for existing coal-fired EGUs.
   • Aims to reduce CO₂ intensity of coal-fired power plants by encouraging efficiency improvements at the facility level.

2. Revised Implementing Regulations for Section 111(d)

   • Updates the 40 CFR part 60 subpart B regulations.
   • Clarifies the roles of EPA and states in the development and implementation of emission guidelines.
   • Provides flexibility for states to consider source-specific factors, such as the remaining useful life of the facility.
   • Establishes compliance deadlines, timing requirements, and completeness criteria for state plans.

3. Revisions to the New Source Review (NSR) Program

   • Proposes changes to prevent NSR from being a barrier to implementing efficiency projects.
   • Allows EGUs to make efficiency improvements without triggering onerous NSR permit requirements.
   • Ensures that energy efficiency projects can be implemented more smoothly under the NSR framework.

Key Information

• Comment Deadline: Comments must be received by October 30, 2018.
• Comment Submission Methods:
  • Online: https://www.regulations.gov with Docket ID No. EPA-HQ-OAR-2017-0355.
  • Email: a-and-r-docket@epa.gov with the same Docket ID in the subject line.
  • Fax: (202) 566-9744.
  • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
  • Hand/Courier: EPA WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
• Public Hearing: At least one public hearing will be held, details to be published in a subsequent Federal Register document.
• Confidential Business Information (CBI): CBI must be submitted separately, marked appropriately, and a non-CBI version must also be provided to the public docket.
• Regulatory Impact Analysis (RIA): The RIA estimates cost savings of about $0.5 billion to $0.3 billion annually, depending on the scenario.
• Legal Authority: The rule is based on the CAA section 111(d) and aligns with the Supreme Court's interpretation in Massachusetts v. EPA and American Electric Power Co. v. Connecticut.

Document Structure

The document is organized into the following sections:

• I. General Information

  • Executive Summary: Outlines the purpose and legal basis of the ACE rule.
  • Where to Find the Document: Details how to access the proposal and related materials.

• II. Background

  • Regulatory and Judicial History: Discusses the legal foundation for regulating GHGs under the CAA.
  • Executive Order 13783: Highlights the directive to repeal the CPP.
  • Industry Trends: Notes the role of market forces in reducing GHG emissions and the need for regulatory support.

• III. Legal Authority

  • Explains the statutory basis for revisiting and replacing the CPP.
  • Clarifies the authority to regulate EGUs and the BSER determination.

• IV. Affected Sources

  • Focuses on coal-fired EGUs, which are the most CO₂-intensive in the electricity generation sector.

• V. Determination of the BSER

  • Identifies HRI as the preferred system of emission reduction.
  • Discusses HRI for coal-fired EGUs and natural gas-fired turbines.
  • Reviews other potential systems of GHG reduction that were considered.

• VI. State Plan Development

  • Describes the standards of performance that states must establish.
  • Outlines flexibilities for states and submission procedures.

• VII. Proposed New Implementing Regulations for Section 111(d)

  • Updates the definition of "emission guideline".
  • Modifies timing requirements, compliance deadlines, and completeness criteria.
  • Defines standard of performance and variance mechanisms.

• VIII. New Source Review Permitting of HRIs

  • Explains the NSR program and its interaction with the ACE rule.
  • Proposes changes to improve ACE implementation.

• IX. Impacts

  • Covers air, energy, compliance cost, economic, and employment impacts.
  • Discusses forgone benefits of the proposed action.

• X. Statutory and Executive Order Reviews

  • Reviews compliance with Executive Orders 12866, 13563, 13771, 13132, 13175, 13045, 13211, and the Paperwork Reduction Act (PRA).

• XI. Statutory Authority

  • Confirms the legal basis for the proposed rule.

Conclusion

The ACE rule is a significant regulatory shift that seeks to correct legal flaws in the CPP, align with statutory obligations, and enhance flexibility for states and EGUs in reducing GHG emissions. It emphasizes facility-level improvements, such as HRI, and streamlines the regulatory process to reduce costs and improve compliance.