Obama directs EPA to regulate existing coal plants by June 30, 2016

According to a presidential memo to the EPA.

The memo is below. Click for the PDF version.

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MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY

June 25, 2013

SUBJECT: Power Sector Carbon Pollution Standards

With every passing day, the urgency of addressing climate change
intensifies. I made clear in my State of the Union address that
my Administration is committed to reducing carbon pollution that
causes climate change, preparing our communities for the
consequences of climate change, and speeding the transition to
more sustainable sources of energy.

The Environmental Protection Agency (EPA) has already undertaken
such action with regard to carbon pollution from the
transportation sector, issuing Clean Air Act standards limiting
the greenhouse gas emissions of new cars and light trucks
through 2025 and heavy duty trucks through 2018. The EPA
standards were promulgated in conjunction with the Department
of Transportation, which, at the same time, established fuel
efficiency standards for cars and trucks as part of a harmonized
national program. Both agencies engaged constructively with
auto manufacturers, labor unions, States, and other
stakeholders, and the resulting standards have received broad
support. These standards will reduce the Nation’s carbon
pollution and dependence on oil, and also lead to greater
innovation, economic growth, and cost savings for American
families.

The United States now has the opportunity to address carbon
pollution from the power sector, which produces nearly
40 percent of such pollution. As a country, we can continue
our progress in reducing power plant pollution, thereby
improving public health and protecting the environment, while
supplying the reliable, affordable power needed for economic
growth and advancing cleaner energy technologies, such as
efficient natural gas, nuclear power, renewables such as wind
and solar energy, and clean coal technology.

Investments in these technologies will also strengthen our
economy, as the clean and efficient production and use of
electricity will ensure that it remains reliable and affordable
for American businesses and families.
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
reduce power plant carbon pollution, building on actions already
underway in States and the power sector, I hereby direct the
following:

Section 1. Flexible Carbon Pollution Standards for Power
Plants. (a) Carbon Pollution Standards for Future Power
Plants. On April 13, 2012, the EPA published a Notice of
Proposed Rulemaking entitled “Standards of Performance for
Greenhouse Gas Emissions for New Stationary Sources: Electric
Utility Generating Units,” 77 Fed. Reg. 22392. In light of the
information conveyed in more than two million comments on
that proposal and ongoing developments in the industry, you
have indicated EPA’s intention to issue a new proposal.
I therefore direct you to issue a new proposal by no later
than September 20, 2013. I further direct you to issue a final
rule in a timely fashion after considering all public comments,
as appropriate.

(b) Carbon Pollution Regulation for Modified,
Reconstructed, and Existing Power Plants. To ensure continued
progress in reducing harmful carbon pollution, I direct you to
use your authority under sections 111(b) and 111(d) of the
Clean Air Act to issue standards, regulations, or guidelines,
as appropriate, that address carbon pollution from modified,
reconstructed, and existing power plants and build on State
efforts to move toward a cleaner power sector. In addition,
I request that you:

(i) issue proposed carbon pollution standards,
regulations, or guidelines, as appropriate, for
modified, reconstructed, and existing power plants by
no later than June 1, 2014;

(ii) issue final standards, regulations, or
guidelines, as appropriate, for modified,
reconstructed, and existing power plants by no later
than June 1, 2015; and

(iii) include in the guidelines addressing existing
power plants a requirement that States submit to EPA
the implementation plans required under section 111(d)
of the Clean Air Act and its implementing regulations
by no later than June 30, 2016.

(c) Development of Standards, Regulations, or Guidelines
for Power Plants. In developing standards, regulations, or
guidelines pursuant to subsection (b) of this section, and
consistent with Executive Orders 12866 of September 30, 1993, as
amended, and 13563 of January 18, 2011, you shall ensure, to the
greatest extent possible, that you:

(i) launch this effort through direct engagement
with States, as they will play a central role in
establishing and implementing standards for existing
power plants, and, at the same time, with leaders in
the power sector, labor leaders, non-governmental
organizations, other experts, tribal officials, other
stakeholders, and members of the public, on issues
informing the design of the program;

(ii) consistent with achieving regulatory objectives
and taking into account other relevant environmental
regulations and policies that affect the power sector,
tailor regulations and guidelines to reduce costs;

(iii) develop approaches that allow the use of
market-based instruments, performance standards, and
other regulatory flexibilities;
(iv) ensure that the standards enable continued
reliance on a range of energy sources and
technologies;
(v) ensure that the standards are developed and
implemented in a manner consistent with the continued
provision of reliable and affordable electric power
for consumers and businesses; and
(vi) work with the Department of Energy and other
Federal and State agencies to promote the reliable and
affordable provision of electric power through the
continued development and deployment of cleaner
technologies and by increasing energy efficiency,
including through stronger appliance efficiency
standards and other measures.

Sec. 2. General Provisions. (a) This memorandum shall
be implemented consistent with applicable law, including
international trade obligations, and subject to the availability
of appropriations.

(b) Nothing in this memorandum shall be construed to
impair or otherwise affect:

(i) the authority granted by law to a department,
agency, or the head thereof; or

(ii) the functions of the Director of the Office
of Management and Budget relating to budgetary,
administrative, or legislative proposals.

(c) This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.

(d) You are hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA ## #