Understanding the Proposed New Clean Air Act § 111 Rule on Fossil Fuel-Fired Electric Generating Units

EGU and transmission line

By Johanna Adashek

On May 23, 2023, EPA proposed a new rule that would regulate fossil fuel-fired electric generating units (EGUs). The regulations reflect different regulatory requirements that EPA has crafted using its authority under the Clean Air Act (CAA) § 111, often referred to as New Source Performance Standards or NSPS. This blog post will provide a brief explanation of the NSPS as well as factual background on the kinds of fossil fuel-fired EGUs that are treated differently for purposes of this proposed rule. The post will then discuss the five components of the new rule in the following order: (1) the revised NSPS for greenhouse gas emissions from new fossil fuel-fired stationary combustion turbine EGUs; (2) the repeal of the Affordable Clean Energy Rule; (3) the emission guidelines for existing fossil fuel-fired steam generating units; (4) the emission guidelines for existing large and frequently used stationary combustion turbine EGUs; and (5) the solicitation of comments on regulating existing smaller and less frequently used fossil fuel-fired combustion turbines.

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