Affordable Clean Energy (ACE) Rule Materials)
Affordable Clean Energy Rule
On July 8, 2019, EPA promulgated the Affordable Clean Energy Rule, or ACE Rule, and finalized repeal of the Obama-era Clean Power Plan. The Affordable Clean Energy Rule sets emission guidelines for state plans that are narrowly tailored toward in-the-fence-line measures that can be taken to reduce carbon dioxide emissions from coal-fired power plants. A copy of the final rule can be accessed here:
In developing a state plan, the Division of Environmental Quality must follow both the procedures established by EPA emissions guidelines and those codified at Ark. Code Ann. 8-3-201 et seq. On September 20, 2019, the Arkansas Legislative Council granted the Division a waiver of review and approval procedures for emission plans from the Legislative Council for emissions plans based on the Division’s determination that the final Affordable Clean Energy Rule did not require any of the following:
- Shifting generation from electric generating units powered by one fuel type to another fuel type;
- Closing any fossil fuel-fired electric generating unit; or
- Imposing a statewide greenhouse gas goal or other statewide greenhouse gas emissions limitation.
Affordable Clean Energy Rule
On January 19, 2021, the U.S. Court of Appeals for the D.C. Circuit court vacated EPA's Affordable Clean Energy (ACE) Rule. The Court’s decision can be accessed here.