U.S. EPA's long anticipated proposed rule for greenhouse gas
(GHG) emissions from new power plants was published in the Federal
Register on Jan. 8, 2014. In a year that is likely to be filled
with significant U.S. EPA rulemakings, this proposed rule for new
fossil fuel-fired electric generating units (EGUs) will be
particularly important. U.S. EPA's prior proposed rule to
regulate greenhouse gas emissions from fossil fuel-fired EGUs
garnered an unprecedented 2.5 million public comments. Further, the
rule is one of the centerpieces of the White House's Climate
Action Plan.
As we
previously reported, the specific standards U.S. EPA is
accepting comments on are as follows:
- Proposed fossil fuel-fired utility boilers and integrated
gasification combined cycle ("IGCC") units limits
are:
- 1,100 lb CO2/MWh gross over a 12-operating month period, or
- 1,000-1,050 lb CO2/MWh gross over an 84-operating month (7-year) period
- Proposed natural gas-fired stationary combustion units limits
are:
- 1,000 lb CO2/MWh gross for larger units (> 850 mmBtu/hr)
- 1,100 lb CO2/MWh gross for smaller units (≤ 850 mmBtu/hr)
Although there are many similarities between U.S. EPA's prior proposed rule issued in April 2012 and this new proposed rule, U.S. EPA will not reconsider comments on the prior rulemaking, so many interested parties will need to submit new comments even if duplicative. U.S. EPA is withdrawing the April 2012 proposed rule pursuant to a withdrawal notice that was also published on Jan. 8, 2014. Further, there are several key differences between the new proposed rule and the April 2012 proposed rule— notably the emission limits for boilers and IGCC units are slightly higher—on which the Agency has requested comment. The comment deadline for the new proposed rule is currently set for March 10, 2014.
A copy of the proposed rule is available online here: http://www.gpo.gov/fdsys/pkg/FR-2014-01-08/pdf/2013-28668.pdf
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.