To nullify the final rule issued by the Environmental Protection Agency relating to "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".
H.R. 1651 would statutorily nullify the Environmental Protection Agency’s May 9, 2024 final rule that together: (a) established new source performance standards (NSPS) for greenhouse gas emissions from new, modified, and reconstructed fossil fuel–fired electric generating units; (b) set emission guidelines for greenhouse gas emissions from existing fossil fuel–fired electric generating units; and (c) repealed the Affordable Clean Energy (ACE) Rule. If enacted, the final rule would have no force or effect, effectively erasing those federal standards and guidelines. Because the bill simply voids the May 9, 2024 rule, it would prevent those federal GHG standards from taking effect. This would restore the regulatory landscape to what existed prior to that rule (subject to any other applicable law or regulations). Notably, since the bill does not propose new replacement standards, the ACE Rule repeal contemplated in the 2024 rule would not occur, meaning the ACE framework could remain in force unless Congress or the administration acts differently. Sponsor information indicates it was introduced in the House and referred to the Committee on Energy and Commerce; no Senate text is provided.
Key Points
- 1Nullifies the EPA’s May 9, 2024 final rule, rendering it without force or effect.
- 2The nullification covers three components: (1) NSPS for GH emissions from new, modified, and reconstructed fossil fuel–fired electric generating units; (2) emission guidelines for GH emissions from existing fossil fuel–fired units; (3) repeal of the Affordable Clean Energy Rule.
- 3By removing the May 2024 rule, the bill would leave the federal regulatory framework in place as it existed prior to that rule (absent any other actions), effectively delaying or blocking new federal GHG standards for fossil fuel power plants.
- 4The bill does not provide replacement standards or a new regulatory framework; it simply eliminates the current proposed rule.
- 5Introduction status: Introduced in the House, referred to the Committee on Energy and Commerce (no companion Senate text provided).