Nov 3, 2026· Comment submitted by Edison Electric Institute (EEI)· EPA-HQ-OAR-2025-0124-3159
Please find attached comments from the Edison Electric Institute (EEI) responsive to the U.S. Environmental Protection Agency (EPA) supplemental notice of proposed rulemaking titled "Rescission of the Greenhouse Gas Findings for Fossil Fuel-Fired Power Plants and Repeal of Regulations for Power Plant Greenhouse Gas Emissions Under Clean Air Act Section 111," Docket ID No. EPA-HQ-OAR-2025-0124. EEI appreciates the opportunity to submit comments.
Aug 12, 2025· Comment submitted by Edison Electric Institute (EEI)· EPA-HQ-OAR-2025-0124-0897
August 7, 2025
Lisa Thompson
U.S. Environmental Protection Agency
Sector Policies and Programs Division (D243–02)
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
Research Triangle Park, NC 27711
thompson.lisa@epa.gov
Docket No. EPA-HQ-OAR-2025-0124
[SUBMITTED ELECTRONICALLY]
RE:Repeal of Greenhouse Gas Emissions Standards for Fossil Fuel-Fired Electric Generating Units
The Edison Electric Institute (EEI) appreciates the opportunity to submit comments to the Environmental Protection Agency (EPA or Agency) on the proposed rule, Repeal of Greenhouse Gas Emissions Standards for Fossil Fuel-Fired Electric Generating Units, 90 Fed. Reg. 25,752 (2025) (Proposed Rule). The Proposed Rule is comprised of two co-proposals: the Agency's Primary Proposal would exclude the power sector from regulation of greenhouse gas (GHG) emissions under section 111 of the Clean Air Act (CAA) on the grounds that the sector does not "significantly contribute" to dangerous air pollution; and the Agency's Alternative Proposal would eliminate the Carbon Capture and Storage (CCS)-based standards and certain other requirements from the 2024 final rule titled New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule (2024 Final Rule). The Alternative Proposal also solicits comment on whether targeted revisions to the efficiency-based standards from the 2024 Final Rule are warranted.
EEI is the association that represents all U.S. investor-owned electric companies. EEI members provide electricity for nearly 250 million Americans and operate in all 50 states and the District of Columbia. The electric power industry supports more than seven million jobs in communities across the United States. This year, EEI members will invest more than $200 billion to make the energy grid smarter, cleaner, more dynamic, more resilient, and more secure; to ensure a balanced energy mix; and to integrate new technologies that benefit both customers and the environment. Across the nation, investor-owned electric companies continue to reduce greenhouse gas (GHG) emissions while building new generation, including natural gas and clean energy resources demanded by our customers and investors. Electric companies are focused on keeping customer bills as low as possible, and this new generation is helping to meet rising demand while creating good-paying jobs and a cleaner, resilient, and affordable energy future for the communities they serve.
These comments recommend, among other targeted requests, that EPA:
•Finalize the Alternative Proposal as quickly as practicable as a standalone regulatory action. Finalizing the Alternative Proposal and removing unachievable CCS-based requirements will provide EEI members with the needed regulatory certainty that the power sector is seeking;
•Reaffirm the use of subcategorization in section 111 rules, and maintain its best system of emissions reduction (BSERs) determination for existing oil- and gas-fired boilers to provide regulatory certainty for those units; and
•Consider whether to make targeted adjustments to the Phase I standards for certain units, including offering an alternative mass-based compliance pathway.
EEI and its member companies actively engage with EPA on its entire regulatory agenda, and the continued crafting of flexible regulation of greenhouse gas emissions from EGUs under the CAA is an opportunity for efficient, flexible, and consistent regulation that accounts for impacts to reliability, customer bills, significant demand growth, and our communities. EEI's member companies look forward to continuing active engagement with EPA as the Agency works to finalize the Proposed Rule.
Questions on these comments may be directed…