EPA Regulations

Basin Electric has a diverse energy portfolio including coal, wind, natural gas, and soon, solar.

More than a decade ago, we built the first commercial-scale wind projects in the Dakotas. Commitment to the environment was one of our founding principles more than 50 years ago. Coal is still our primary fuel for base-load generation. See the At a Glance page for our generation portfolio.

Basin Electric continues to monitor and respond to the challenges presented by the historic suite of regulatory changes advanced by the EPA under the Clean Air Act over the last few years. Because the United States does not have a comprehensive energy policy in place, existing provisions of the Clean Air Act are being used to adopt new regulations for both carbon dioxide and greenhouse gases.

Carbon dioxide regulation

  • On July 8, 2019, the Environmental Protection Agency (EPA) published its final rule to replace the Clean Power Plan and regulate carbon dioxide emissions from coal-based power plants. Also on July 8, 2019, the EPA repealed the Clean Power Plan.
  • Dec. 6, 2018, EPA releases proposed rule to revise carbon dioxide standards for construction of new power plants.
  • Oct. 31, 2018, Basin Electric submits comments to EPA on the ACE Rule. Comment period is closed, awaiting issuance of a final rule.
  • Aug. 21, 2018, EPA proposed Affordable Clean Energy (ACE) Rule to replace the Clean Power Plan.
  • July 9, 2018, proposed replacement rule received by OMB for review.
  • April 28, 2017, the D.C. Circuit Court of Appeals in Washington, D.C., ruled to hold the Clean Power Plan litigation in abeyance, or temporary suspension, for 60 days. The abeyance continues.
  • March 30, 2017, EPA Administrator Scott Pruitt sent letters to governors advising them they are under no obligation to adhere to the Clean Power Plan.
  • March 28, 2017, Pres. Donald Trump signed an executive order directing EPA to review the Clean Power Plan, and establishing a process to repeal or revise the rule.
  • Feb. 9, 2016, the U.S. Supreme Court granted Basin Electric and several other petitioners' Motion to Stay the Clean Power Plan.
  • Oct. 23, 2015, the Clean Power Plan was published in the Federal Register.
  • Aug. 3, 2015, the Environmental Protection Agency released its Clean Power Plan.

Letters to the EPA