Affordable Clean Energy Rule

On June 19, 2019, the Environmental Protection Agency (EPA) issued the final Affordable Clean Energy (ACE) rule and repealed the Clean Power Plan. The ACE rule establishes emission guidelines for states to use when developing plans to limit carbon dioxide (CO2) at their coal-fired electric generating units (EGUs). The ACE Rule is codified under 40 CFR Part 60, Subpart UUUUa – Emission Guidelines for Greenhouse Gas Emissions From Existing Electrical Generating Units. The Department has until July 8, 2022 to submit a proposed state implantation plan (SIP) covering how North Dakota and its affected facilities will comply with the requirements of the rule.

The complete rule can be found at: Subpart UUUUa——Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units.

Questions may be addressed to the North Dakota Department of Environmental Quality at 701-328-5188, or email

The EPA has produced a variety of informative fact sheets regarding the ACE rule. These fact sheets include: an overview of the rule, recent CO2 emission trends, the costs and benefits of the rule, an overview of the regulatory impact analysis, repeal of the Clean Power Plan, and revised Clean Air Act Section 111(d) Implementing Regulations.

The Department is in the very early planning stages of SIP development and anticipates 2020 to be an important planning year.

Yearly Objectives:

  • 2019—Spent reviewing the final rule, determining impact(s) for North Dakota, and identifying questions where EPA input will be needed.
  • 2020—Engaging each affected facility and collecting information required by the rule which will be used in North Dakota’s proposed SIP development.
  • 2021—Drafting of the proposed SIP to meet the requirements of the ACE rule.
As the Department gathers information from affected facilities and progresses further in the planning stages, pertinent information will be posted to this webpage.

Last Updated: 01/10/2020