GHG New Source Performance Standards for Power Plants


The Environmental & Energy Law Program is tracking the environmental regulatory rollbacks of the Trump administration. Click here for the list of rules we are following. If you’re a reporter and would like to speak with an expert on this rule please email us.

Why it Matters

This rule, also known as “Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Power Plants,” regulates carbon pollution from new or refurbished power plants. In addition, having this rule in place triggers the Environmental Protection Agency’s (EPA) obligation to regulate carbon pollution from existing power plants.

Current Status

The rule is in effect; litigation is suspended indefinitelyNorth Dakota v. EPA, No. 15-1381. EPA expects to send a proposed package of revisions to OMB in August 2018, the final step before publishing a proposed rule.


On October 23, 2015 EPA published a rule setting limits on CO2 emissions from new and refurbished power plants. North Dakota challenged the rule on the same day. –North Dakota v. EPA, No. 15-1381

Trump Era

On March 28, 2017 President Trump’s Executive Order on Promoting Energy Independence and Economic Growth directed EPA to review and “if appropriate . . . publish for notice and comment proposed rules suspending, revising, or rescinding” the NSPS rule.

The same day, EPA urged the D.C. Circuit to delay oral argument and suspend the litigation.

On March 30, 2017 The Court suspended oral argument, scheduled for April 17, 2017.

EPA published its intent to review the rule on April 4, 2017.

On April 28, 2017 the D.C. Circuit put the litigation on hold for 60 days and ordered EPA to file 30-day status reports.

On August 10, 2017 the D.C. Circuit suspended litigation indefinitely and ordered EPA to file 90-day status reports beginning October 27, 2017.

On July 25, 2018, EPA submitted its fourth 90-day status report. The report stated that EPA plans to send a proposed 111(b) package to OMB in August. This is the final step before it can be published.

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