EPA Withdraws Two Rules Linked to Clean Power Plan

Filed in Codes and Regulations, Environmental by on April 3, 2017 0 Comments

Just days after President Trump signed an executive order calling on the U.S. Environmental Protection Agency (EPA) to review and revise the Clean Power Plan (CPP), EPA today announced in the Federal Register that it is withdrawing two proposed rules connected with the CPP that the agency never finalized:

  • “Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations.” 80 FR 64966 (Oct. 23, 2015)
  • “Clean Energy Incentive Program Design Details,” 81 FR 42940 (June 30, 2016)

Both of these proposed rules would have provided additional implementation details for provisions of the CPP, originally published on Oct. 23, 2015.

As we previously reported, NAHB has been active in challenging the second rule, the Clean Energy Incentive Program (CEIP), urging EPA to withdraw and re-propose the CEIP concept.

EPA originally included the CEIP as a means for states to generate “early action” credits to use in meeting the rule’s greenhouse gas emissions targets. However, EPA never actually proposed this program.

When EPA promulgated the final CPP rule, the agency said the details and implementation plan would be finalized at a later date. But instead, the agency tried to solicit comment on parts of the CEIP ─ first on an informal basis and then finally bowing to the pressure of groups like NAHB in a formal rulemaking. The agency’s action is effective immediately.

For more information, please contact Tamra Spielvogel at 800-368-5242 x8327.

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