1、 CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i EPA Replaces the Clean Power Plan with the Affordable Clean Energy Rule Linda Tsang Legislative Attorney July 11, 2019 On July 8, 2019, the U.S. Environmental Protection Agency (EPA) published its final
2、Affordable Clean Energy (ACE) Rule to regulate greenhouse gas (GHG) emissions from certain existing coal-fired electric utility generating units (EGUs) at power plants. The ACE Rule replaces the Obama Administrations Clean Power Plan (CPP), which EPA repealed in a separate rulemaking on the same day
3、. EPA also finalized new implementing regulations for the ACE Rule and future emission guidelines issued under the Clean Air Act (CAA) Section 111(d). These three rulemakings are to take effect on September 6, 2019. The contrast between the CPP and the ACE Rule highlights a change in how EPA interpr
4、ets its authority and discretion under CAA Section 111. In the CPP, EPA interpreted the “best system of emission reduction” (BSER) expansively to include on- and off-site emission reduction measures that would reduce overall emissions from the power sector. In contrast, the CPP repeal and the ACE Ru