The public can make comment to the Environmental Protection Agency (EPA) now on the Trump administration’s proposed Affordable Clean Energy Rule, or ACE that would replace the Clean Power Plan (CPP). The Clean Power Plan, designed to cut a significant amount of carbon emissions from coal-fired power plants, was put on hold since 2015 by the US Supreme Court in response to a challenge by 27 states including Wisconsin.
The CPP set federal emissions targets for each state based on their individual fuel mix and energy consumption, requiring each to devise a multifaceted action plan to achieve those targets. The proposed ACE rule gives states the responsibility to develop their own compliance standards and reduction goals to regulate coal-fired power plants and upgrade or exempt them, and to submit their plans to EPA within three years. The other primary difference between the two is how EPA interprets the “best system of emission reduction” (BSER) provision 111(d) of the Clean Air Act. According to the Regulatory Impact Analysis, it would result in increased impacts on human health. HKlaw, NCSL
EPA will accept comment on ACE through October 31, 2018. Comments should be identified by Docket ID No. EPA-HQ-OAR-2017-0355. For more information, go to Affordable Clean Energy Rule Proposal: How to Comment