As part of a continuing effort to address climate change, the United States Environmental Protection Agency ("EPA") has released a revised proposed rule seeking to significantly reduce carbon dioxide ("CO2") emissions from all new coal- and natural gas-fired power plants. The proposed rule, announced by EPA on September 20, 2013, would establish the first uniform national limits on the amount of carbon-based emissions from new power plants.
EPA's proposal replaces an earlier 2012 proposal to regulate CO2 emissions from electric generating units under the Clean Air Act. As now proposed, EPA is establishing separate New Source Performance Standards for coal- and natural gas-fired electric generating units. Initially, EPA sought a single standard for new generating units, regardless of whether the units used coal or natural gas to operate.
Under EPA's revised draft rule, new coal-fired units would need to meet a limit of either 1,100 pounds of CO2 per megawatt-hour over a 12-month rolling average operating period or between 1,000 and 1,050 pounds of CO2 per megawatt-hour based on an 84-month rolling average operating period. With respect to either standard, new coal-fired units would be required to install "partial" carbon capture and sequestration technology ("CCS"), an emerging technology, as the best system of emission reduction to lower CO2 emissions. By requiring partial CCS technology, EPA estimates that new coal-fired units would emit approximately 30 to 50 percent less CO2 than a coal-fired unit without CCS technology.
With respect to new natural gas-fired units, larger units with a capacity of at least 850 million Btu's per hour ("mm/Btu/h") would need to meet a limit of 1,000 pounds of CO2 per megawatt-hour, while smaller units with a capacity of less than 850 mm/Btu/h would be subject to an emissions limit of 1,100 pounds of CO2 per megawatt-hour. According to EPA, the most common type of fossil fuel-fired units being planned or built is natural gas-fired with combined cycle technology, which EPA concludes "is an inherently lower CO2-emitting technology" than a typical new coal-fired plant of the same size. EPA asserts that no additional emissions control technology will likely be required for new natural gas-fired units to meet either limit.
The proposal to regulate carbon dioxide from new power plants is EPA's first major initiative since President Obama announced his Climate Action Plan this past June (http://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf). EPA plans to follow its proposed rule on new power plants with a far-reaching one seeking to establish CO2 performance standards for existing coal and gas-fired units. In a presidential memorandum dated June 25, 2013 (http://www.whitehouse.gov/the-press-office/2013/06/25/presidential-memorandum-power-sector-carbon-pollution-standards), President Obama directed EPA to issue proposed carbon pollution standards for modified, reconstructed and existing power plants by June 1, 2014, and to finalize such standards by June 1, 2015.
EPA is accepting comments on the proposed rule setting CO2 emission standards for new power plants for 60 days following publication in the Federal Register. EPA will hold hearings on the proposed rule and has indicated that it plans to issue a final rule within the next year. This final rule is expected to face a court challenge.
Day Pitney Alert
Day Pitney will host a FERC 101 event, co-sponsored by Connecticut Power & Energy Society and EBA, on November 13 in its Hartford and Washington, DC offices.
On November 13, Day Pitney LLP and FH+H, PLLC, along with PDB FutureCom International, hosted an invitation-only program, "Industrial Internet of Things (IIoT) & America's Critical Energy & Transportation Infrastructure," held at the new International Spy Museum in Washington, D.C.
Sebastian Lombardi will serve on a panel, "State Policies and the Markets: How the tension is playing out in PJM," at the Northeast Energy and Commerce Association's Power Markets Conference on November 8, at the Marriott Courtyard Hotel in Marlborough, MA.
Day Pitney White Paper
Day Pitney associate Alexander W. Judd has been elected to serve as Chair of the Energy, Public Utility and Communications Law Section of the Connecticut Bar Association (CBA).
Day Pitney Press Release
Day Pitney Press Release
Day Pitney and the National Governors Association (NGA) hosted an invitation-only forum, held at the Downtown Harvard Club of Boston, that brought together lawyers, policymakers, cybersecurity experts and other participants to identify and discuss legal issues related to the growing Industrial Internet of Things (IIoT).
David Doot was quoted in an article, "Energy Department Urges Pricing Shift That Could Bolster Coal, Nuclear," published in the The Wall Street Journal.