Carbon Emission Standards for the Power Sector: Workgroup Information Page

Hosted by the DEQ and the Arkansas Public Service Commission (APSC)

THE CLEAN POWER PLAN HAS BEEN STAYED BY THE U.S. SUPREME COURT. DEQ AND APSC HAVE SUSPENEDED CLEAN POWER PLAN WORK GROUP MEETINGS DURING THE STAY.

On August 3, 2015, the U.S. Environmental Protection Agency (EPA) released final rules for the New Source Performance Standards (NSPS) for new power plants as well as carbon dioxide emission standards for existing power plants—commonly referred to as the Clean Power Plan. EPA also proposed model plans as well as a federal plan that would be implemented if a state or states fail to submit an approvable State plan to comply with the carbon emission standards for existing power plants. The proposed federal plan and model plans were published in the Federal Register on October 23, 2015. On December 19, 2016, EPA announced that it is withdrawing the model plans from interagency review and released working drafts of the model trading rules to the public, stakeholders, and states.

DEQ and APSC met with interested parties (stakeholders) to discuss the final carbon dioxide emission standards for existing power plants, study the efficacy and economic impacts of potential carbon reduction measures from the power sector, and develop a state strategy for Arkansas. On February 9, 2016, the Supreme Court issued an order staying EPA’s Clean Power Plan. The Agencies will not implement a state plan to comply with the Clean Power Plan during the stay; however, the Agencies, in consultation with stakeholders, will continue to evaluate the impacts of potential environmental and energy policies in the State.

Additional information materials, including third-party materials, can be found on the Clean Power Plan Presentation Materials page.

Timeline of Events

• September 20, 2013
  EPA proposed NSPS for new power plants under section 111(b) of the Clean Air Act (CAA)
• May 28, 2014
  Arkansas Stakeholder Information Session (see side bar)
• June 2, 2014
  EPA proposed a rule under section 111(d) of the CAA for existing power plants.
• June 18, 2014
  “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units” proposed rule under 111(d) published in the Federal Register (docket ID No. EPA–HQ–OAR–2013–0602)
• June 25, 2014
  Stakeholder Meeting to discuss EPA’s proposal (see side bar)
• July 9, 2014
  DEQ published a Request for Qualifications (RFQ) for a professional facilitator to assist the stakeholders’ group in reaching a consensus and developing recommendations for the Arkansas CO₂ plan. Proposals were due by 1:00 p.m. (Central Time) July 24, 2014.
• August 28, 2014
  Stakeholder Meeting to discuss EPA’s proposal (see side bar)
• September 16, 2014
  Public comment period on the proposed “Carbon Pollution Emission Guidelines for Existing Sources: Electric Generating Units” rule extended until December 1, 2014
• October 1, 2014
  Stakeholder Meeting to discuss EPA's proposal (see sidebar)
• October 28, 2014
  EPA releases a Notice of Data Availability in support of the proposed “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Generating Units.” This Notice of Data Availability was published in the Federal Register on October 30, 2014.
• November 6, 2014
  EPA released a notice in support of the proposed “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Generating Units” outlining additional information regarding the translation of emission rate-based CO₂ goals to mass-based equivalents.
• November 26, 2014
  DEQ and APSC filed joint comments with EPA on the proposed “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units” rule (docket ID number EPA–HQ–OAR–2013–0602).
• December 1, 2014
  Public comment period on the proposed “Carbon Pollution Emission Guidelines for Existing Sources: Electric Generating Units” rule ends
• August 3, 2015
  EPA released the final rule “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Generation Units” issued under section 111(d) of the CAA.
• August 24, 2015
  DEQ and APSC held a joint news conference on the path forward to seek the lowest cost option to compliance with the final Clean Power Plan.
• October 9, 2015
  Stakeholder Meeting to discuss EPA’s final rule (see sidebar)
• October 23, 2015
  Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units published in the Federal Register (80 FR 64662).
  
  Federal Plan Requirements for Greenhouse Gas Emissions from Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations Proposed Rule published in the Federal Register (80 FR 64966, Docket ID: EPA-HQ-OAR-2015-0199
• January 5, 2016
  Stakeholder Meeting to discuss EPA’s proposed federal plan and model trading rules (see sidebar)
• January 21, 2016
  Comments on the proposed federal plan, model trading rules, and CAA §111 framework amendments due
• February 9, 2016
  Supreme Court stays enforcement of the Clean Power Plan pending resolution of litigation
• March 8, 2016
  DEQ and APSC issue joint statement on the Clean Power Plan stakeholder process
• June 16, 2016
  EPA released the proposed rule “Clean Energy Incentive Program Design Details” for the optional Clean Energy Incentive Program (CEIP) which incentivizes early action under the Clean Power Plan
• December 19, 2016
  EPA withdrew Model Trading Rules from interagency review and provided working drafts to the public:
  Draft Model Trading Rules for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014 Draft EM&V Guidance for Demand-Side Energy Efficiency Draft Clean Power Plan Tracking Systems White Paper Draft Technical Support Document: Leakage Requirement for State Plans Using Mass-Based Emission Budget Trading Programs
• January 17, 2017
  EPA notice of denial of reconsideration and administrative stay of the CPP published in the Federal Register
• March 28, 2017
  President Trump signs Executive Order 13783 calling for a review of the Clean Power Plan. Information on EPA’s efforts to comply with Executive Order 13783 can be accessed from EPA's Energy Independence web page
• April 4, 2017
  EPA publishes an announcement that the agency is reviewing and, if appropriate will initiate proceedings to suspend, revise, or rescind the Clean Power Plan
• April 28, 2017
  U.S. Court of Appeals for District of Columbia Circuit order grants a motion to hold litigation over the Clean Power Plan in abeyance for 60 days
• August 8, 2017
  U.S. Court of Appeals for District of Columbia Circuit order grants a motion to hold litigation over the Clean Power Plan in abeyance for an additional 60 days