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ARTICLE · 06 FEBRUARY 2014

EPA's Proposed New Source Clean Air Act Standards And Carbon Capture And Storage Technology

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Can the Courts Find the Technology Has Been "Adequately Demonstrated" Under the CAA and/or In Compliance with the Energy Policy Act?

United StatesEnvironment
Kevin Holewinski
Kevin Holewinski
Daniella Einik
Daniella Einik
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Can the Courts Find the Technology Has Been "Adequately Demonstrated" Under the CAA and/or In Compliance with the Energy Policy Act?

On April 13, 2012, the Environmental Protection Agency ("EPA") proposed a new source performance standard ("NSPS") pursuant to Clean Air Act ("CAA") Section 111 limiting emissions of carbon dioxide ("CO2") from new fossil-fuel electric generating units ("EGUs") that primarily focused on coal- and natural gas-fired units. EPA received more than 2.5 million comments on the April 2012 proposal. Based on EPA's review and consideration of the comments as well as consideration of the future of the electric generating sector, EPA withdrew the April 2012 proposal, and on January 8, 2014, EPA published a new proposed rule. Unlike the April 2012 proposal, the new rule proposes to establish separate standards for fossil fuel-fired electric steam generating units (utility boilers and Integrated Gasification Combined Cycle ("IGCC") units) and for

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