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Federal Register · Regulatory notice

Rescission of the Greenhouse Gas Findings for Fossil Fuel-Fired Power Plants and Repeal of Regulations for Power Plant Greenhouse Gas Emissions Under Clean Air Act Section 111

In this action, the U.S. Environmental Protection Agency (EPA) is supplementing its proposal to repeal all greenhouse gas (GHG) emission standards for fossil fuel-fired electric generating units (EGUs) to effectuate the best reading of Clean Air Act (CAA) section 111. We propose that CAA section 111 does not authorize the EPA to regulate emissions from power plants in response to global climate change concerns. For the multiple and independent reasons described herein, this additional rationale would also require rescinding the Administrator's contrary findings and determinations in 2015 and repealing all associated 2015 and 2024 GHG standards for the fossil fuel-fired EGU source category. In a separate action published concurrently with this supplemental notice, the EPA is finalizing the repeal of certain 2024 GHG standards for the fossil fuel-fired EGU source category on distinct legal and technical grounds. We are not reopening that final rule. Nor are we soliciting further comment on those issues through this supplemental notice, except to the extent that commenters believe the final rule bears on the distinct questions of statutory authority addressed herein.

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Became public
Sep 17, 2026
Event / period date
Not stated
Collected
Nov 8, 2026, 7:38 PM EST

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PS was projected to result in only ``negligible CO 2 emission changes.'' 80 FR 64640. While the EPA estimated non-zero impacts for subsequent power plant regulations under CAA section 111, all fell well below a 100 percent reduction in emissions from U.S. power plants. The 2015 CPP, which assessed its emission impacts under two different implementation scenarios, projected an average reduction of 414 million short tons of CO 2 in 2030. 80 FR 64924. The 2019 ACE Rule estimated a smaller 11 million short ton decline in power plant CO 2 emissions in 2030. For 2035, the 2019 ACE Rule's estimated emissions reduction shrank to 9.3 million short tons. 84 FR 32561. The 2024 CPS projected annual reductions in power plant CO 2 emissions of 50, 123, 54, and 42 million metric tons in 2030, 2035, 2040, and 2045, respectively. 91 FR 40005. By comparison, the composite emissions forecast in this proposed futility analysis estimated total annual CO 2 emissions from U.S. power plants of 1,540 million metric tons (Mt) in 2026 and 1,290 Mt in all years after 2050 (Table 1). Converting units for a direct comparison to the EPA's 2019 ACE and 2015 CPP rules, these values represent 1,698 and 1,422 million short tons, respectively, in 2026 and after 2050. None of the annual estimated CO 2 emission impacts for the 2015 NSPS, 2015 CPP, 2019 ACE, or 2024 CPS approaches these totals. Estimating the percen

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