The first building block was “heat rate improvements” at coal-fired plants-essentially practices such plants could undertake to burn coal more cleanly. In the Clean Power Plan, EPA determined that the BSER for existing coal and natural gas plants included three types of measures, which the Agency called “building blocks.” 80 Fed. The limit then reflects the amount of pollution reduction “achievable through the application of” that system. that has been adequately demonstrated,” or the BSER, for the kind of existing source at issue. The Agency derives that limit by determining the “best system of emission reduction.

Under that provision, although the States set the actual enforceable rules governing existing sources (such as power plants), EPA determines the emissions limit with which they will have to comply. Prior to the Clean Power Plan, EPA had used Section 111(d) only a handful of times since its enactment in 1970. For authority, the Agency cited Section 111 of the Clean Air Act, which, although known as the New Source Performance Standards program, also authorizes regulation of certain pollutants from existing sources under Section 111(d). In 2015, the Environmental Protection Agency (EPA) promulgated the Clean Power Plan rule, which addressed carbon dioxide emissions from existing coal- and natural-gas-fired power plants.

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