MJB&A Summary of EPA's Proposed Repeal of the Clean Power Plan

On October 10, EPA released its proposed “Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” starting the repeal process for the Clean Power Plan (CPP). EPA based its repeal on a reinterpretation of Clean Air Act section 111(d), which it believes limits EPA’s authority to imposing a best system of emissions reductions (BSER) that requires only technological or operational measures that can be applied to or at a single source.