Geoscience Reference
In-Depth Information
25
EPA RIA, p. ES-3.
26
EPA RIA, pp. 5-10 and 5-11.
27
77 Federal Register 22411, April 13, 2012.
28
See, for example, ―Single Carbon Standard for Power Plants Breaks EPA Precedent,
Commenters Say,‖ Daily Environment Report, June 28, 2012.
29
U.S. EPA, ―Revision of Standards of Performance for Nitrogen Oxide Emissions from New
Fossil-Fuel Fired Steam Generating Units; Revisions to Reporting Requirements for
Standards of Performance for New Fossil-Fuel Fired Steam Generating Units,‖ 63 Federal
Register 49442, September 16, 1998. Discussion of that rule's fuel neutral approach begins
on page 49445.
30
198 F.3d 930, 933 (D.C. Cir. 1999).
31
The situation faced by an EGU under the proposed standard is somewhat analogous to that of
an EGU needing to reduce sulfur dioxide emissions. In that case, too, a unit may switch
fuels or it may use a specific type of technology (flue gas desulfurization, generally referred
to as a ―scrubber‖).
32
This statutory requirement was addressed in the December 23, 2010, settlement agreement
between EPA and 11 states, 2 municipalities, and 3 environmental groups. In the agreement,
EPA stated that ―it would be appropriate for it to concurrently propose performance
standards for GHG emissions from new and modified EGUs under CAA section 111(b) ...
and emission guidelines for GHG emissions from existing affected EGUs pursuant to CAA
section 111(d)....‖ The agency agreed to propose and take final action on a ―rule under
Section 111(d) that includes emission guidelines for GHGs from existing EGUs‖ on the
same schedule as that set for the NSPS standards.
33
See, for example, U.S. EPA, Office of Air Quality Planning and Standards, ―Rulemaking for
Greenhouse Gas Emissions from Electric Utility Steam Generating Units,‖ Presentation
Slides, May, 2011, at http://www.epa.gov/air/ tribal/pdfs/presentation-ghggas emissions
utility05-25-2011.pdf.
34
Natural Resources Defense Council, Closing the Power Plant Carbon Pollution Loophole,
December 2012, 87 pages, at http://www.nrdc.org/air/pollution-standards/files/pollution-
standards-report.pdf.
35
The Senate could consider a resolution of disapproval under the Congressional Review Act,
which can be brought to the floor under rules that prohibit a filibuster, thus requiring a
simple majority vote. For discussion of that option, see CRS Report R41212, EPA
Regulation of Greenhouse Gases: Congressional Responses and Options.
36
The President spoke of the importance of addressing climate issues on the night of his re-
election in 2012, in his second Inaugural Address, and in the 2013 State of the Union
speech, in addition to the June 25, 2013 climate speech.
