Affordable Clean Energy Rule

March 7, 2023 - EPA is extending the due date for state plans under the Affordable Clean Energy Rule until April 15, 2024. Because the ACE Rule's July 8, 2022 deadline passed while the rule was vacated by the D.C. Circuit, and because states had no reason to continue to work on their plans during the period when the ACE Rule was vacated, it is necessary to extend the deadline for state plan submittal. By extending the deadline, this action makes clear the EPA does not expect states to take immediate action to develop and submit plans under Clean Air Act section 111(d) with respect to greenhouse gas emissions from power plants at this time. This is a final rule that will be effective upon publication in the Federal Register.

Related Proposals

Proposed Affordable Clean Energy Rule
In August 2018, EPA proposed the Affordable Clean Energy rule (ACE) to establish emission guidelines for states to develop plans to address greenhouse gas emissions from existing coal-fired electric utility generating units.

Proposed Clean Power Plan Repeal
In October 2017, EPA proposed to repeal the Clean Power Plan because it exceeded EPA's authority.

On June 19, 2019, EPA issued the final Affordable Clean Energy rule (ACE) – replacing the prior administration’s overreaching Clean Power Plan with a rule that restores rule of law, empowers states, and supports energy diversity. The ACE rule establishes emission guidelines for states to use when developing plans to limit carbon dioxide (CO2) at their coal-fired electric generating units (EGUs). In this notice, EPA also repealed the CPP, and issued new implementing regulations for ACE and future rules under section 111(d).

On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy rule and remanded to the Environmental Protection Agency for further proceedings consistent with its opinion.