OVERVIEW OF EPA’S ACTIONS

Reducing Carbon Pollution From 

Power Plants

NCEL 2015 National Issues Forum

Kate Kelly, Director

EPA Region 10 Office of Air, Waste and Toxics

July 31, 2015
• Carbon Dioxide and other greenhouse gases are air 

pollutants covered by the Clean Air Act.

• EPA ordered to determine whether or not emissions of 

greenhouse gases from new motor vehicles cause or 

contribute to air pollution which may reasonably be 

anticipated to endanger public health or welfare, or 

whether the science is too uncertain to make a reasoned 

decision.

Massachusetts v. EPA, 549 U.S. 497 

(April 2, 2007)

2
EPA Endangerment Finding

December 2009

• Relying on scientific and technical information, EPA determines that 

the mix of atmospheric concentrations of carbon dioxide (CO2) and 

five other greenhouse gases in the atmosphere constitute “air 

pollution” that threatens both public health and welfare.

• http://www.epa.gov/climatechange/endangerment/index.html
President’s Climate Action Plan

(June 25, 2013)

https://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf

• A collection of measures that the Executive Branch will take to combat 

climate change.

• Prepare the U.S. for the impacts of climate change 

• Lead international efforts to address climate change

• Cut carbon pollution in the U.S
President’s Climate Action Plan (cont’d)

• Cutting Carbon Pollution in the U.S.

• Promoting American Leadership in Renewable Energy

• Reducing other Greenhouse Gases, such as methane

• Developing an Interagency Methane Strategy

• Cutting carbon pollution from power plants 
President’s Climate Action Plan (cont’d)

Cutting Carbon Pollution from Power Plants

President’s Climate Action Plan directs EPA to develop carbon pollution 

standards, regulations or guidelines, as appropriate, for:

• New power plants (CAA Section 111(b))

Proposed January 8, 2014

• Modified and reconstructed power plants(CAA Section 111(b)), 

Proposed June 18, 2014

• Existing power plants (CAA Section 111(d)) (“The Clean Power Plan”)

Proposed June 18, 2014
Under section 111(d) of the Clean Air Act, EPA issues federal 

“emission guidelines” for stationary sources such as power 

plants, and these guidelines are implemented through “state 

plans.”

EPA’s 111(d) proposal for existing power plants, also called the 

“Clean Power Plan,” calculated C02 reduction goals for each 

state, and contemplates that that states will use a variety of 

at-the-unit and beyond-the-unit measures—including 

increased natural gas use, renewable energy, and energy 

efficiency—to reduce CO2 emissions by an interim (2020) and 

then final (2030) deadline.

Proposed 111(d) Rule for Existing 

Power Plants 
111(d) Rule for Existing Power Plants 

Outreach on Proposal

• EPA provided tools and guidance to stakeholders including

• Face-to-face meetings

• Conference calls

• Webinars

• Websites

• Many, many meetings held with individual stakeholders and associations (such as 

ECOs, NCSL, National Association of State Energy Officials, National Association of 

Regulatory Utility Commissioners)

• FERC held four technical conferences to consider how the rule might affect

• Reliability

• Wholesale electric markets and operations

• Energy infrastructure
The comment period closed December 1, 2014

• Nearly 4,000,000 comments were submitted on the proposed rule

• Comments were submitted by all 50 states, environmental and energy 

associations and interests, business associations, small businesses, chambers of 

commerce, faith leaders, public health interests, parent associations, community 

groups, and others

• More than 30,000 comments were non-duplicative and not part of mass mail 

campaigns.
Some general comment themes

• Legal authority

• Calculation of state goals

• Reliability

• Stranded assets

• Timelines too short: legislation, multi-state plans

• Exporters vs importers, credit for ee
Next steps

Publish final rules for

• New power plants (CAA Section 111(b))

• Modified and reconstructed power plants

(CAA Section 111(b))

• Existing power plants (CAA Section 111(d)) – The Clean Power Plan

State Plans due summer 2016
Next steps (con’t)

Publish proposed Federal Implementation Plan

• States that fail to submit plans, or that submit plans that EPA deems 

inadequate to achieve the guidelines, become subject to a “Federal Plan.” 

• EPA’s strong preference is for states to adopt and submit state compliance 

plans. One of our goals in proposing the federal plan is to provide states with 

information and ideas as they begin thinking about their own plans. 
Outreach after release of the final rule

• Once the rule is final, EPA will

• Hold teleconferences with media, states, tribes, industry stakeholders, 

associations, etc.

• Hold webinars and posting training video module tutorials to provide more indepth information about particular aspects of the rule and allow for questions

• Post fact sheets, guidance and tools for understanding and implementing the 

rule. http://www2.epa.gov/cleanpowerplantoolbox
For more information

Becky Cook-Shyovitz, Intergovernmental Liaison, EPA HQ

Cook-Shyovitz.Becky@epa.gov

202.564.5340

Kate Kelly, Director, EPA Region 10 Office of Air, Waste and Toxics

Kelly.kate@epa.gov

206.553.1271

• http://www2.epa.gov/carbon-pollution-standards

• http://www2.epa.gov/cleanpowerplantoolbox