The Clean Power Plan has been published in the federal register more than two months after the President and EPA Administrator Gina McCarthy announced the finalization of the rule. It goes into effect Dec. 22.
The final rule includes key changes championed by NAHB on behalf of our members. It has triggered a series of state actions as states develop their plans to be in compliance with EPA-established emission reduction requirements.
Additionally, EPA published a related proposed rule that is open to public comment. It contains multiple companion items to help implement the Clean Power Plan, including two model rules that states could use — once finalized — for their compliance plans to ease the approval process. The proposed rule also includes two draft federal plans.
EPA has included several new provisions in the final Clean Power Plan that were not open for comment under the original proposal. One is the Clean Energy Incentive Program, intended to encourage early action on renewable energy and energy-efficiency projects in low-income communities. NAHB is reviewing the program, which is outlined in the proposed model rules, and will submit comments on this and all other relevant provisions.
EPA is also accepting comments on related draft guidance that will affect how emission reductions from demand-side energy-efficiency programs are accounted for if states choose to use them as a compliance tool.
Comments on the proposed rule and draft guidance are due Jan. 21, 2016.