NACAA Submits Comments on Clean Power Plan Advance Notice of Proposed Rulemaking

February 26, 2018 – NACAA has submitted comments on EPA’s advance notice of proposed rulemaking (ANPRM) to consider replacement options for the Clean Power Plan (CPP).  The letter addresses ten comment areas identified by EPA in the ANPRM, including (1) the roles and responsibilities of states and EPA under Clean Air Act Section 111(d); (2) whether EPA should develop sample state plan text; (3) interactions between a potential CPP replacement rule and state greenhouse has programs; (4) state program data as a basis to develop a best system of emission reduction (BSER); (5) the available technologies for heat rate improvements at coal-fired power plants; (6) potential emission increases from a BSER based solely on heat rate improvements; (7) whether EPA should develop presumptively approvable emission limits; (8) interactions between a potential CPP replacement rule and the New Source Review program; (9) funding for state and local air agencies to implement a replacement rule; and (10) EPA’s obligation to perform a full technology review to identify BSER as part of a CPP replacement rulemaking. The comment letter is available here.