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Clean Power
111(d) Plan

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Federal Clean Power Plan & Oklahoma's §111(d) Plan

The Air Quality Division, in cooperation with the Oklahoma Secretary of Energy & Environment and the Oklahoma Corporation Commission, is working to involve the public, state electrical utilities, and other stakeholders during the development process under EPA's Clean Power Plan.

What Greenhouse Gas Standards has EPA Proposed?

For New Power Plants: On January 8, 2014, the U.S. EPA published proposed New Source Performance Standards (NSPS) under §111(b) of the Clean Air Act (CAA) for new fossil-fuel fired power plants (i.e., units constructed after the proposal date), which would set carbon pollution limits for individual units in terms of pounds of Carbon Dioxide per megawatt-hour or lbs CO2/MWh. (79 FR 1429) The comment period for this proposal closed on May 9, 2014. [Note that EPA also withdrew their previous (March 2012) NSPS proposal.] EPA is evaluating the comments received, and has indicated that the NSPS will be finalized in early 2015. DEQ submitted comments on the proposal on May 9, 2014.

For Existing Power Plants: On June 2, 2014, EPA proposed emissions guidelines under CAA §111(d) to reduce carbon pollution (also in terms of lbs CO2/MWh) from existing power plants. (79 FR 34728) The comment period for this proposal closed on December 1, 2014. EPA has indicated that it will evaluate the comments received, and finalize a rule in June 2015. DEQ submitted comments on the proposal on December 1, 2014. On June 2, 2014, EPA also separately proposed a standard for modified or reconstructed power plants to follow up on the NSPS EPA proposed for new power plants. (79 FR 34959) The comment period for this proposal closed on October 16, 2014. EPA has indicated that it will evaluate the comments received, and finalize a rule in coordination with the other proposals.

EPA's proposed emissions guidelines for existing power plants would require the states to develop and implement a "§111(d) plan" to reduce CO2 emissions from affected power plants. The proposal would set interim and final goals for each state in terms of lbs CO2/MWh of total power produced by all fossil-fueled power plants in the state. EPA set each state's goal based on the state's current (as of 2012) mix of power production and CO2 emissions, applying what EPA considers average achievable reductions in CO2 emissions rates. In setting the goal, EPA considered increased in-plant efficiencies, greater reliance on existing or expanded natural gas and renewable energy sources, and expanded end-use energy efficiency measures.

What are the timelines?

  • EPA's comment periods for the proposals ended on December 1, 2014 for existing sources and on October 16, 2014 for modified or reconstructed sources.
    • EPA expects to finalize the proposal for existing sources by June 2015.
      As proposed:
      • State plan submitted by June 30, 2016
        • Submittal process includes opportunity for public hearing and comment
        • One-year extension available for single-state plan
        • Two-year extension available for multi-state plan
      • Interim goal covers 2020 to 2029
      • Final Plan should be fully implemented by 2030 so emission goal is met for 2030-2032 averaging period
  • The comment period for the NSPS (new sources) ended on May 9, 2014
    • EPA has indicated that they expect to finalize the proposal in early 2015
      • The NSPS must be finalized prior to or simultaneous with the §111(d) emissions guidelines for existing power plants
    • NSPS would affect sources constructed after January 8, 2014

What are the State and Industry roles?

If the proposal is finalized in substantially its present form, the State will be required to develop, submit, and implement a plan to reduce the CO2 emissions rate from fossil-fueled power plants. If the state does not fulfill this requirement, EPA would step in and directly implement a federal plan, as indicated in the proposed rules.

Although EPA's clean power initiatives are still in the proposal stage, the projected timelines for development and implementation are rather short, considering the complexity of the issues. The state will be relying on the power industry, various state agencies, and other state-wide stakeholders to develop a plan that takes advantage of the flexibility provided in the proposal. Secretary of Energy & Environment Michael Teague and AQD have begun working with a broad group of stakeholders to keep all parties informed and focused on the potential issues and solutions.

AQD believes it is critical that the affected parties review the proposals, including the data and technical support documents on which they are based. It will also be appropriate to review the accuracy and appropriateness of the data used, and on the practical achievability of the reductions assumed by EPA if and when the rules are finalized.

What's the latest?

The comment period for the proposal for existing sources closed on December 1, 2014.

In addition to the information provided on EPA's Clean Power Plan web site, which has links to the proposed rules, EPA has provided several presentations on various aspects of the proposal. AQD has also recently given presentations on DEQ's perspective and rulemaking process (agency rule changes may ultimately be required to implement a state §111(d) plan).

What's Next?

The comment period for each of the three proposals (for new sources, for existing sources, and for modified or reconstructed sources) has closed. EPA has indicated that it will evaluate the comments received, and finalize rules by the end of June 2015.

This is an ongoing process, so keep checking back for additional information. If you have a specific question about how the proposals would affect your facility, or information you believe we should be aware of, please email AQD staff at, or call Leon Ashford at 405-702-4173. We will research related resources and respond as appropriate. You may sign up for related email advisories here.

    Page last updated: December 3, 2014


Clean Power 111(d) Plan


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