The Clean Power Plan: State Implementation Plans Building Block 2 – The Re-dispatch Option

On June 2, 2014, the U.S. Environmental Protection Agency ("EPA") announced proposed regulations (the "Clean Power Plan" Notice of Proposed Rulemaking ("NOPR")) to limit greenhouse gas ("GHG") emissions from existing fossil-fuel-fired electric generating units ("EGUs").¹ These proposed regulations would establish rate-based (pounds of C02 per MWH), state-specific goals for carbon dioxide emissions to achieve an overall 30 percent reduction of GHG emissions by the electricity sector from 2005 levels by 2030.

I. Comment Deadline When the NOPR was published in the Federal Register June 18, 2014, EPA established a 92 day deadline, until October 16, 2014, for comments. EPA also scheduled a series of all-day (9 a.m. – 8 p.m.) public hearings on the NOPR on both July 29 and 30 in the following cities: