EPA Finalizes the Affordable Clean Energy Rule

On June 19, the U.S. Environmental Protection Agency issued the Affordable Clean Energy final rule, which replaces the Obama administration’s overreaching Clean Power Plan with a rule that restores rule of law, empowers states and supports energy diversity.

In the notice, the EPA finalizes three separate and distinct rulemakings: 

• Repeal of the CPP; 
• The ACE rule, which establishes emission guidelines for states to use when developing plans to limit carbon dioxide at their coal-fired electric generating units; and
• New regulations for EPA and state implementation of ACE and any future emission guidelines issued under the Clean Air Act section 111(d).

On Oct. 31, 2018, ABC submitted comments in support of the EPA’s ACE proposed rule, stating that the EPA has taken a more reasonable approach to addressing carbon emissions while supporting businesses and jobs and ensuring necessary and essential environmental protections in our communities. 

Additionally, ABC submitted comments in support of the EPA’s proposal to the repeal the CPP in January 2018. Had it gone into effect, the Obama administration’s CPP would have imposed strict regulations on coal-fired power plants, increasing compliance and transaction costs and creating uncertainty for America’s small businesses.

On March 28, 2017, President Trump signed Executive Order 13783, Promoting Energy Independence and Economic Growth, which directed the EPA administrator to review the CPP. Following the review, the EPA published the proposal to repeal the CPP on Oct. 16, 2017 and the new ACE proposed rule on Aug. 31, 2018. 

For more information on the ACE final rule, see the EPA’s fact sheet and website