EPA: No Climate Regs for Power Plants Under Clean Air Act?
Published Date: 9/17/2026
Proposed Rule
Summary
In this action, the U.S. Environmental Protection Agency (EPA) is supplementing its proposal to repeal all greenhouse gas (GHG) emission standards for fossil fuel-fired electric generating units (EGUs) to effectuate the best reading of Clean Air Act (CAA) section 111. We propose that CAA section 111 does not authorize the EPA to regulate emissions from power plants in response to global climate change concerns. For the multiple and independent reasons described herein, this additional rationale would also require rescinding the Administrator's contrary findings and determinations in 2015 and repealing all associated 2015 and 2024 GHG standards for the fossil fuel-fired EGU source category. In a separate action published concurrently with this supplemental notice, the EPA is finalizing the repeal of certain 2024 GHG standards for the fossil fuel-fired EGU source category on distinct legal and technical grounds. We are not reopening that final rule. Nor are we soliciting further comment on those issues through this supplemental notice, except to the extent that commenters believe the final rule bears on the distinct questions of statutory authority addressed herein.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
EPA proposes to scrap power-plant GHG rules
The EPA proposes to rescind the 2015 findings and repeal all greenhouse gas (GHG) standards for fossil fuel-fired electric generating units (EGUs) established in the 2015 New Source Performance Standards and the 2024 Carbon Pollution Standards under Clean Air Act section 111. If finalized, these repeals would remove the GHG regulatory requirements that currently apply to the fossil fuel-fired EGU source category (NAICS 221112).
Which turbines and units the repeal would cover
The proposal explains the specific applicability windows for the regulatory provisions: repeal of 40 CFR part 60, subpart TTTT would cover stationary combustion turbines that commenced construction or modification after January 8, 2014, or reconstruction after June 18, 2014, and on or before May 23, 2023, and any steam generating unit or IGCC facility that commenced construction after January 8, 2014, or commenced modification or reconstruction after June 18, 2014. Repeal of 40 CFR part 60, subpart TTTTa would apply to stationary combustion turbines that began construction or reconstruction after May 23, 2023, and steam generating units that commenced modification after May 23, 2023.
Other pollution rules and legal effects stay in place
The EPA says the proposed repeal of GHG standards for fossil fuel-fired EGUs would not disturb criteria-pollutant standards or other requirements applicable to power plants, and returning to the pre-2015 status quo would not alter the Clean Air Act's displacement of Federal common law or its preemptive force with respect to State law. In other words, non-GHG regulatory requirements for power plants would remain in effect.
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Key Dates
Department and Agencies
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