​NRECA filed comments in support of EPA's efforts to replace the Clean Power Plan (CPP) with a workable regulation within the confines of the Clean Air Act statutory provision section 111(d) and the existing general regulations applicable to all section 111(d) rulemakings. NRECA's comments are conceptual in nature and create a framework to be filled in with details as the rulemaking progresses.

NRECA's comments emphasize the statutory requirement that the "performance standards" are determined by the states, not EPA, consistent with a best system of emission reduction (BSER) defined by EPA, while states can consider economic and other unit related factors when determining individual unit standards. NRECA points out there are numerous paths EPA can take to define BSER and whatever path is chosen should take into account the needs of cooperative generators that are typically smaller and rely more on coal-fired generation than the industry as a whole.