EPA Power Plant GHG Repeal Rule Under OMB Review
The Environmental Protection Agency’s (EPA) final rule repealing greenhouse gas (GHG) emissions limits for fossil fuel-fired power plants is now under review at the White House Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA), marking one of the final steps before the rule is officially released. OMB began reviewing the final rule on May 14, 2026, which would repeal the Biden administration’s 2024 carbon pollution standards for existing coal-fired and new natural gas-fired power plants.
The repeal follows a proposal issued by EPA in June 2025 that sought to eliminate all GHG emissions standards for the power sector under Section 111 of the Clean Air Act. The proposal argued that greenhouse gas emissions from fossil fuel-fired power plants do not “contribute significantly to dangerous air pollution” within the meaning of the statute and therefore should not be regulated under that provision. EPA also cited recent Supreme Court precedent, including the “major questions doctrine,” as part of its rationale for rescinding the standards.
The 2024 standards targeted carbon dioxide emissions from existing coal-fired plants and certain new natural gas-fired facilities, with compliance pathways that included carbon capture and sequestration technologies. EPA’s proposal would repeal those requirements entirely, though the agency also sought comment on a narrower alternative that would retain some efficiency-based requirements for new gas-fired plants.
The action is part of a broader EPA effort to roll back federal greenhouse gas regulations. Earlier this year, EPA finalized rescission of the 2009 greenhouse gas endangerment finding for motor vehicles and repealed associated vehicle GHG standards. EPA has also reconsidered several recent air regulations affecting the power and oil and gas sectors.
Once OIRA review is completed, the final power plant rule is expected to be published in the Federal Register later this year. The rule is likely to face immediate legal challenges.