On June 30, 2016, EPA’s proposed Clean Energy Incentive Program (CEIP) Design Details were published in the Federal Register. The attached client alert provides an overview of the CEIP, a voluntary component of the Clean Power Plan that rewards early emission reduction projects and further incentivizes such projects in low-income communities, and proposed changes to the program. EPA’s proposal includes guidance for states that decide to incorporate the CEIP into their state plans, as well as an idea of what the CEIP would look like as part of a federal plan. Although the Clean Power Plan has been stayed by the Supreme Court pending judicial review, EPA has repeatedly asserted that it still has the authority to continue working with states and tribes that are voluntarily moving forward with implementation plan designs.
Comments on the CEIP proposal were due August 29, 2016, but the deadline has been extended and is now November 1, 2016. EPA held a public hearing in Chicago on August 3, 2016.