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reduced in phases, with a target reduction of about 26% in GHG emissions
overall by 2020, compared to 2005 emission levels.
EGUs could comply in a variety of ways: by shifting power dispatch to
lower emitting plants (and thus running higher emitting plants less often), by
switching fuels, by co-firing lower emitting fuels with coal, by retiring their
least efficient plants, by efficiency improvements at existing plants, or by
reducing demand. EGUs could average, bank, or trade emission credits; as a
result, individual units would have an emissions target, but they could exceed
the target if they had sufficient credits obtained from earlier reductions or from
other units in the state's electric system. Since the goal would be to reduce
emissions overall, rather than in specific states, states might also combine their
markets for allowances, giving individual electric generating units and
companies additional flexibility.
Whatever their form, a key question regarding the 111(d) guidelines has
been when EPA would propose them. The President has now resolved this
question, as noted earlier, requesting the agency to propose the guidelines by
June 1, 2014, finalize them by June 1, 2015, and require the states to submit
implementation plans by June 30, 2016. In cases where a state fails to submit a
satisfactory plan, Section 111(d) also gives EPA the authority to prescribe and
enforce a federal plan.
C ONGRESSIONAL R ESPONSES
Many in Congress oppose EPA standards for GHG emissions. The House
passed two bills in 2011 (H.R. 1 and H.R. 910) that would have prohibited
EPA from promulgating GHG emission standards for any source, and it
repeated itself in September 2012 with H.R. 3409, the Stop the War on Coal
Act. The Senate did not follow suit.
Legislation to limit or prevent EPA regulatory action is considered
possible in the 113 th Congress, and may be given a boost by the President's
proposal to use the Clean Air Act's Section 111 authority.
Enacting such legislation faces hurdles similar to those encountered in the
last Congress, however. Although the House could take action to block NSPS
regulations, the Senate is less likely to do so. 35 If the House and Senate did act
to limit Executive Branch authority, a bill sent to the President would almost
certainly be subject to a veto, given the President's recent statements regarding
the importance of dealing with climate issues. 36
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