EPA Says Power Plant GHG Regs OK, But New Test Draws Fire

Law360 (January 12, 2021, 8:21 PM EST) -- The U.S. Environmental Protection Agency used a new method to confirm Tuesday that fossil fuel-fired power plants are subject to Clean Air Act regulations for greenhouse gas emissions, but critics said the new test means other GHG-emitting sources will be able to dodge similar controls.

In a final rule, the EPA said GHG emissions from electricity-generating units, which include utility boilers, gasification units and stationary combustion turbines — most of which use coal or a combination of coal and other fossil fuels — "contribute significantly" to dangerous air pollution under Section 111(b) of the Clean Air Act. Using a new test,...

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