Week 4 at the EPA: ACE

EPA Administrator Andrew Wheeler signs the final Affordable Clean Energy rule

There are a lot of acronyms ahead, so hang with me.

This week, EPA Administrator Andrew Wheeler signed the final ACE rule. The Affordable Clean Energy rule aka “ACE” is a new carbon dioxide (CO2) emissions rule developed by the Trump Administration to replace the Obama-era rule known as the Clean Power Plan (CPP). If any of you follow environmental policy issues closely (no? just me?) then you would know that this has been a hotly contested policy decision among competing stakeholders. The ACE rule establishes CO2 emissions guidelines for existing coal-fired electric utility generating units (EGUs). Simply put, ACE provides greater flexibility for states to establish CO2 standards for coal-fired power plants to increase their efficiency and keep them around longer. In contrast, Obama EPA’s CPP established stricter CO2 regulations in response to the 2016 Paris Agreement, an international agreement that seeks to mitigate greenhouse gas (GHG) emissions and curb the effects of climate change. President Trump withdrew the United States from the Paris Agreement in 2017.

Proponents of the ACE rule, including coal-industry representatives, argue that the CPP was too burdensome and an overreach of power, and hail the new rule as the Trump Administration’s commitment to protecting jobs and reliable energy sources. Opponents of the ACE rule, including environmental groups, argue that ACE does not do enough to reduce CO2 emissions and discourages renewable energy investment. In any case, the new ACE rule is expected to face heavy analysis and litigation.

Marshall Steam Station is a coal-fired power plant in Catawba County, North Carolina

The ACE rule includes new implementing regulations and future existing-source rules under Section 111 (d) of the Clean Air Act, which is where my office comes in. The Office of Air Quality Planning and Standards (OAQPS) is involved with reviewing, permitting, and rulemaking under the Clean Air Act, and will assist in implementing the ACE rule. The final ACE rule will be published in the Federal Register and can be read here: https://www.epa.gov/sites/production/files/2019-06/documents/frn_ace_2060-at67_final_rule_20190618disc.pdf

Until next week,

Sydney