e the coal industry argues that the rules further force closer of operating coal plants.25 In all likelihood, EPA’s rules will be challenged under the Supreme Court’s decision in West Virginia v. EPA.261 The Power Plant Rules may be found at the following URLs:Greenhouse Gas Standards and Guidelines for Fossil Fuel-Fired Power PlantsMercury and Air Toxics StandardsSteam Electric Power Generating Effluent GuidelinesLegacy Coal Combustion Residuals Surface Impoundments and CCR Management Units2 Press Release, Env’t Prot. Agency, Biden-Harris Administration Finalizes Suite of Standards to Reduce Pollution from Fossil Fuel-Fired Power Plants (Apr. 25, 2024) (https://www.epa.gov/newsreleases/biden-harris-administration-finalizes-suite-standards-reduce-pollution-fossil-fuel).3 Id.4 EPA identified carbon capture and sequestration as the primary means, by which this can be accomplished multiple times throughout the rule. See e.g., New Source Performance Standards for Greenhouse Gas Emissions, 89 Fed. Reg. 39798 (May 9, 2024) (to be codified at 40 C.F.R. pt. 60).5 Id. at 168.6 Id. at 168–69.7 Id. at 98–99.8 Docket is accessible from the following link: https://www.regulations.gov/docket/EPA-HQ-OAR-2024-0135.9 W. Va. v. EPA, U.S. 697, 716 (2022).10 Generation shifting is “a shift in electricity production from higher-emitting to lower-emitting producers.” Id. at 697.11 New Source Performance Standards for Greenhouse Gas Emissions, 89 Fed. Reg. at 39826. See also id. at 39889.12 W. Va., 597 U.S. at 710.13 New Source Performance Standards for Greenhouse Gas Emissions, 89 Fed. Reg. at 39827, 39899-39902.14 EPA requires that lignite-fired EGUs meet the same Mercury (Hg) emission standard as EGUs firing other types of coal, which is 1.2 lb of Hg per trillion British thermal units of heat or an alternative output-based standard of 0.013 lb per gigawatt-hour input. National Emission Standards for Hazardous Air Pollutants, 89 Fed. Reg. 38508, 38510 (May 7, 2024) (to be codified at 40 C.F.R. pt. 63).15 Id. at 38510.

dous air pollutants (NESHAP) for the Coal- and Oil-Fired Electric Utility Steam Generating Units (EGU) source category. 89 Fed. Reg. 38508. EPA notes that the amendments are the result of its review of the 2020 Residual Risk and Technology Review (RTR). The changes, proposed under the technology review in April 2023, include amending the filterable particulate matter (fPM) surrogate emission standard for non-mercury metal HAPs for existing coal-fired EGUs, the fPM emission standard compliance demonstration requirements, and the mercury (Hg) emission standard for lignite-fired EGUs. Additionally, EPA is revising the definition of “startup.” The final rule will be effective July 8, 2024. The IBR of certain material listed in the rule was approved by the Director of the Federal Register as of April 16, 2012.EPA Final Rule Addresses GHG Emissions From Fossil Fuel-Fired EGUs: EPA issued a final rule on May 9, 2024, under CAA Section 111 addressing GHG emissions from fossil fuel-fired EGUs. 89 Fed. Reg. 39798. First, EPA repealed the Affordable Clean Energy (ACE) Rule. Second, EPA issued final emission guidelines for GHG emissions from existing fossil fuel-fired steam generating EGUs, including both coal-fired and oil/gas-fired steam generating EGUs. Third, EPA revised the New Source Performance Standards (NSPS) for GHG emissions from new and reconstructed fossil fuel-fired stationary combustion turbine EGUs. Fourth, EPA revised the NSPS for GHG emissions from fossil fuel-fired steam generating units that undertake a large modification, based upon the eight-year review required by the CAA. EPA notes that it is not issuing final emission guidelines for GHG emissions from existing fossil fuel-fired stationary combustion turbines at this time; instead, EPA states that it intends to take further action on the proposed emission guidelines at a later date. The final rule will be effective July 8, 2024. The IBR of certain publications listed in the rule is approved by the Director of the Federal