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ARTICLE · 16 APRIL 2012

EPA Proposes "Thought Piece" GHG Performance Standards For New Power Plants

McGuireWoods LLP
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On March 27, 2012, the Environmental Protection Agency (EPA) released a much-anticipated proposal to set output-based limits on carbon dioxide (CO2) emissions from new fossil fuel-fired power plants.

United StatesEnvironment
Neal Cabral
Neal Cabral
Gordon Alphonso
Gordon Alphonso
Dana Palmer
Dana Palmer
D. Cameron Prell
D. Cameron Prell
David Rieser
David Rieser

On March 27, 2012, the Environmental Protection Agency (EPA) released a much-anticipated proposal to set output-based limits on carbon dioxide (CO2) emissions from new fossil fuel-fired power plants. EPA's proposal, titled "Standards of Performance for Greenhouse Gas Emission from New Stationary Sources: Electric Utility Generating Units," is as interesting for what it does not do as for what it does, and in many ways reflects upon the future of carbon capture and sequestration (CCS) and whether there is any long-term U.S. climate policy.

The New Source Performance Standards ("NSPS") program authorizes EPA to establish emissions standards for categories or subcategories of new or modified sources. EPA's proposal would regulate CO2 emissions (but not other greenhouse gases (GHGs) from a new source category essentially consisting of new fossil fuel-fired (coal, oil, pet coke, gas) electric generating units (EGU) (e.g., a steam boiler), combined-cycle combustion

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