Compliance & Policy

States, Cities Sue Trump's EPA Over Power-Plant Emissions Repeal

State attorneys general and major cities are asking a federal court to overturn EPA's repeal of the federal rule that limited greenhouse-gas emissions from coal-fired and natural-gas power plants.

Waypoints

  1. State attorneys general and city governments filed suit against EPA over the agency's repeal of the federal rule limiting greenhouse-gas emissions from power plants.

  2. The lawsuit centers on EPA's authority under Section 111 of the Clean Air Act to withdraw emission standards for stationary sources.

  3. Coal- and natural-gas-fired power plants together represent the largest stationary-source category for greenhouse gases covered by federal rules.

  4. The next procedural milestone is the defendant's response, typically due 60 days after service, followed by any motion for preliminary relief.

A coalition of state attorneys general and city governments filed suit this week against the U.S. Environmental Protection Agency, asking a federal court to overturn the agency's decision to scrap a federal rule that limited emissions from power plants, The Cumberland Times-News reported.

The lawsuit targets EPA's use of its regulatory authority under the Clean Air Act to withdraw emission guidelines covering existing and new power generation units. Coal- and natural-gas-fired plants together account for the largest category of stationary-source emissions in U.S. inventory accounting, making them the federal climate rulemaking program with the broadest industrial footprint.

What's being eliminated

The rescinded rule established two parallel requirements. Existing coal-fired plants were required to operate under state-developed implementation plans that drove progressive reductions in greenhouse-gas intensity, measured in tons of CO₂ equivalent per megawatt-hour. New natural-gas combined-cycle units were required to meet a greenhouse-gas performance threshold before receiving a federal prevention-of-significant-deterioration construction permit.

EPA argues the rule is no longer appropriate because coal-fired generation is being displaced economically by natural gas and renewables. States that depend on continued coal generation for reliability or grid stability, and that have already invested in compliance planning under the rule, argue the withdrawal ignores the rule's statutory basis.

Where does the legal fight head?

The complaint focuses on statutory authority rather than policy direction. Section 111 of the Clean Air Act requires EPA to set performance standards for categories of stationary sources that "contribute significantly" to air pollution. Once those standards are in place, the agency has only limited grounds to withdraw them.

That distinction is the legal fault line the plaintiffs are targeting. The case will likely land in the U.S. Court of Appeals for the D.C. Circuit, which has exclusive jurisdiction over most Clean Air Act challenges. Pending decisions on adjacent rules — including several that test EPA's authority to withdraw hazardous-air-pollutant standards — will shape how broadly the court reads Section 111.

How does this change materials supply?

The rule's elimination has indirect but measurable consequences for the circular-materials supply chain. Carbon-capture retrofits at coal plants require substantial tonnages of structural steel, sorbent chemicals, and process equipment that flow through engineering, procurement, and construction (EPC) contractors already servicing flue-gas desulfurization scrubbers, SCR systems, and other emissions-control installations. Weaker Section 111 demand reduces projected tonnage through those contractors over the planning horizon of utility decarbonization roadmaps.

The supply-chain effects propagate to waste-to-energy operators and other large industrial emitters subject to overlapping Clean Air Act programs. EPC contractors that have built specialist capacity around coal-plant retrofits must now compete for project work against gas-turbine combined-cycle upgrades and adjacent process emissions-control contracts.

What happens next

The case moves into federal court this week. The next milestone is the defendant's response, typically due 60 days after service, followed by any motion for preliminary relief the plaintiffs file to preserve the rule during litigation. The D.C. Circuit will set the briefing schedule on the merits. Until the court rules, the federal floor that governed permitting and state-plan obligations for coal- and gas-generation facilities no longer applies, and the Section 111 framework enters a transition period that industry needs to track through the regulatory docket.

via Google News: Environmental compliance and EPA (Source)

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Correspondent covering consumer brands and retail at Circular Wire.

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