“The Affordable Clean Energy (ACE) rule returns the EPA to a lawful framework for regulation of power plant emissions. The Clean Air Act created a system of shared authority by EPA and the states, and the ACE rule appropriately reflects that relationship. Under ACE, states will again have primacy over regulating CO2 from power plants. The federal one-size-fits-all model, which characterized the Clean Power Plan, will be replaced by 50 state-specific plans. This will be good for North Dakota’s economy and our industry while reducing emissions.
The ACE rule replaces the Clean Power Plan, which was viewed by many as an illegal attempt to impose a political agenda on the country’s power system, and was stayed by the U.S. Supreme Court. The CPP would have had dire consequences for North Dakota’s lignite industry. Studies showed that that about half of the state’s power plants would have been retired under the draconian regulation that called for a 45 percent reduction in CO2 by 2030.
The ACE rule can accomplish the same goals as the CPP but do it in a more orderly business fashion instead of a federal top-down initiative.”