EPA May Delay Issuing Draft NSPS Climate Change Rules

According to the National Journal Daily, EPA is looking to delay issuing the proposed draft New Source Performance Standards (NSPS) to control greenhouse gas (GHG) emissions by at least two months, but retain the current deadline to finalize the rules. Pursuant to two settlement agreements entered into in December 2010, EPA agreed to propose revised rules and emission guidelines containing limitations on GHGs for electric power plants and oil refineries. Under these settlement agreements, EPA must propose revised NSPS rules for electric power plants by July 26, 2011 (to be finalized May 26, 2012) and for oil refineries by December 15, 2011 (to be finalized November 15, 2012). EPA has not yet submitted its draft rules for power plants to the Office of Management and Budget (OMB) for review, yet another indicator that the draft rules might be delayed. Because the OMB review process can take up to 90 days and OMB can extend the review period if required, the timeframe for EPA to submit its draft rules and meet these deadlines is shrinking. When asked about the potential delay of the proposed draft rules, EPA declined to comment. These GHG NSPS rules are important because they will drive EPA's view of what constitutes Best Available Control Technology for GHGs from power plants and oil refineries.