April 22, 2019

April 22, 2019

Subscribe to Latest Legal News and Analysis

EPA’s Clean Power Plan Published in the Federal Register

On October 23, 2015, EPA published the long-awaited Clean Power Plan in the Federal Register.  The published rules include the Existing Source Performance Standards and the New, Modified, and Reconstructed Source Performance Standards.  In those rules, EPA established carbon dioxide (CO2) emission performance rates representing the Best System of Emission Reduction (BSER) for existing, modified, and new fossil fuel-fired electric utility steam generating units and stationary combustion turbines, set state-specific CO2 goals reflecting the CO2 emission performance rates; and established guidelines for developing state implementation plans.  These rules will become effective December 22, 2015.

State implementation plans are due by September 6, 2016, unless the state receives an extension.  State’s may obtain an extension up to September 6, 2018,.  If requesting an extension, states must submit a progress report by September 6, 2017.

Stakeholders note and EPA concedes that the final rules have changed dramatically from the proposal.  As foreshadowed by pre-publication lawsuits, we are likely to see requests for a stay and a number of procedural and substantive challenges.  The final rules are viewable and downloadable, and our August 4, 2015 blog post provides additional detail on the CPP.

EPA also proposed a federal plan to implement the greenhouse gas emission guidelines, including Model Trading Rules, on October 23, 2015.  These proposed rules are viewable.  EPA will impose a federal implementation plan incorporating a trading program on  states that refuse or fail to submit a state implementation plan.  EPA is accepting comments on the proposed Federal Plan, including the Model Trading Rules, through January 21, 2016.

© 2019 Schiff Hardin LLP


About this Author

Jane E Montgomery, Schiff Hardin Law firm

Jane E. Montgomery concentrates her practice in a variety of matters at the local, state and federal levels. Ms. Montgomery regularly: Counsels many companies with day-to-day compliance issues, including air permitting, NSPS, MACT, and solid and hazardous waste issues. In her work, she often encounters difficult elemental mercury, manufactured gas plant, and PCB issues, and she recently has focused on Reform New Source Review (NSR) compliance for utilities. Counsels clients with respect to climate change issues. Such work has included work on carbon sequestration issues, greenhouse gas...

Amy Antoniolli, environmental attorney, Schiff Hardin, permit appeals legal counsel, environment regulations lawyer, Illinois Pollution Control law
Staff Attorney

Amy Antoniolli concentrates her practice on environmental matters, advising clients on compliance with relevant laws and regulations and representing them in permit appeals, requests for relief from regulations and in rulemakings.

Amy’s prior experience as Assistant Attorney for the Illinois Pollution Control Board and as Assistant Counsel to the Illinois House of Representatives informs her work at Schiff Hardin and regularly benefits her clients.

Having advised the Board Members of the Illinois Pollution Control Board on environmental statutory and regulatory interpretation, she is better able to advise her clients on compliance with the law in the multitude of environmental matters that come under the Board’s jurisdiction and control. Because Amy served as an Illinois Pollution Control Board Hearing Officer, she is better able to ensure her clients’ perspectives are heard— and favorably acted upon.

When her clients’ site-specific situation clearly falls outside the rules, Amy’s experience with the Illinois legislature, where she drafted legislation and advised representatives on proposed legislation, has aided her in crafting site-specific new rule proposals for her clients— rules that have been adopted and, more importantly, have allowed her clients to proceed beyond the costly standstill of regulatory non-compliance.