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EPA advances Clean Power Plan review proposal

The U.S. Environmental Protection Agency advanced to the Office of Management and Budget a proposed rule on the review of the Clean Power Plan.

The proposal was received June 8 by OMB's Office of Information and Regulatory Affairs, which will have 90 days to review the regulation before it is released to the public. A notice posted on the federal government's regulatory information website provided no additional details on the content of the proposal.

EPA Administrator Scott Pruitt on May 24 indicated that the future of the Clean Power Plan is yet to be determined. President Donald Trump has ordered the EPA to repeal and/or replace a number of regulations, including the Clean Power Plan and Clean Water Rule, which is commonly referred to as the Waters of the U.S. While the EPA is statutorily required to come up with a new Clean Water Rule, which defined the water bodies that are subject to federal oversight, the agency does not have the same obligation under the Clean Air Act to come up with a new carbon-cutting rule for fossil fuel power plants, Pruitt said.

"We're going to evaluate our authority under [Clean Air Act] Section 111. We're going to evaluate our authority under the Clean Air Act with respect to stationary sources and make an informed decision about what Congress has empowered us to do in those areas. And that is yet to be determined," Pruitt said.