Nov 2, 2026
The EPA is planning to repeal the power plant endangerment finding. Written testimony will be accepted until November 2.
SUMMARY:
In this action, the U.S. Environmental Protection Agency (EPA) is supplementing its proposal to repeal all greenhouse gas (GHG) emission standards for fossil fuel-fired electric generating units (EGUs) to effectuate the best reading of Clean Air Act (CAA) section 111. We propose that CAA section 111 does not authorize the EPA to regulate emissions from power plants in response to global climate change concerns. For the multiple and independent reasons described herein, this additional rationale would also require rescinding the Administrator's contrary findings and determinations in 2015 and repealing all associated 2015 and 2024 GHG standards for the fossil fuel-fired EGU source category. In a separate action published concurrently with this supplemental notice, the EPA is finalizing the repeal of certain 2024 GHG standards for the fossil fuel-fired EGU source category on distinct legal and technical grounds. We are not reopening that final rule. Nor are we soliciting further comment on those issues through this supplemental notice, except to the extent that commenters believe the final rule bears on the distinct questions of statutory authority addressed herein.
DATES:
Comments must be received on or before November 2, 2026. Comments on the information collection provisions submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) are best assured of consideration by OMB if OMB receives a copy of your comments on or before October 19, 2026. Please refer to the PRA section under “Statutory and E.O. Reviews” in this preamble for specific instructions.
Public Hearing. The EPA will hold a virtual public hearing on October 1, 2026. Please refer to the SUPPLEMENTARY INFORMATION section for information on registering for the public hearing.
COMMENT:
https://www.regulations.gov/commenton/EPA-HQ-OAR-2025-0124-2920
Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https://www.regulations.gov, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.
RESOURCES:
The Sierra Club has provided a toolkit to help you craft yoru testimony.