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EPA will soon seek information on Clean Power Plan replacement

The U.S. Environmental Protection Agency plans to issue an advance notice of proposed rulemaking in "the upcoming weeks" seeking information on systems of emission reduction that could replace the Clean Power Plan.

The news came in a Dec. 11 status update to the U.S. Court of Appeals for the District of Columbia Circuit, which is holding in abeyance litigation related to the Obama administration rule. The Trump administration has proposed to repeal the rule following a review conducted in accordance with a March executive order from the president directing EPA Administrator Scott Pruitt to do so.

Since announcing its plans to repeal the Clean Power Plan, the EPA has been mum on any replacement, other than saying the agency would seek public comment through an advance notice of proposed rulemaking in the near future. Pruitt did indicate in testimony before the U.S. House on Dec. 7 that he would replace the Clean Power Plan, but the remarks came amid a heated exchange that was ultimately cut off as time expired.

The status update, while providing a vague idea of when that request will be issued, said the public will be asked to provide feedback on "systems of emission reduction that are in accord with the legal interpretation that has been proposed by EPA."

In justifying the repeal of the Clean Power Plan in October, the EPA said the rule exceeded the agency's authority and withdrawing the rule would avoid $33 billion in costs.