EPA Proposes to Repeal the Clean Power Plan Page: 4 of 4
This report is part of the collection entitled: Congressional Research Service Reports and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Congressional Research Service
power plants under CAA Section 111. If EPA does not issue a replacement for the CPP, the states and
groups party to the settlement could seek judicial relief to enforce the terms of the agreement, which
likely would involve a new lawsuit that would review whether EPA breached the agreement by not
complying with its terms.
Without the CPP or a replacement, the power industry likely will still undergo change as the result of
market forces and the need to update or replace older generation facilities, issues that are discussed in this
report.
What will happen to the GHG emission standards for new and modified power plants?
Pursuant to Executive Order 13783, EPA is currently reviewing the New Source Performance Standards
(NSPSs) for GHG emissions from new and modified power plants issued under CAA Section 111(b). The
NSPSs for power plants is currently in effect and applies to newly constructed or modified fossil fuel-
fired power plants. The D.C. Circuit issued an order to pause the litigation challenging the NSPSs to
allow EPA to reconsider the standards. Because EPA must issue Section 111(b) NSPSs before it may issue
emission guidelines under Section 111(d) for existing sources, a repeal of the NSPSs could threaten EPA's
basis for the CPP or any replacement. Because EPA has not completed its review, it is unclear what
actions, if any, EPA will take with respect to the NSPSs for new and modified power plants.
What Actions Might Congress Take?
Congress has taken an active interest in the fate of the CPP since it was proposed in 2014 and
subsequently challenged in court. For instance, Members of Congress have filed amici curiae briefs on
both sides of the CPP litigation. A brief opposing the CPP argues, among other things, that EPA "usurped
the role of Congress" through the CPP's "expansive regulatory requirements." A brief in support of the
CPP argues, among other things, that Congress conferred "broad authority" on EPA, and that the CPP is
"consistent with the text, structure, and history" of the CAA. Some Members of Congress may consider
submitting comments on the proposed repeal or propose legislation that clarifies the scope of EPA's
authority under CAA Section 111 and the definition of the BSER.4
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Tsang, Linda. EPA Proposes to Repeal the Clean Power Plan, report, November 13, 2017; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1043280/m1/4/: accessed April 26, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.