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EPA/AR RIN: 2060-AR33 Publication ID: Fall 2013 
Title: Standards of Performance for Greenhouse Gas Emissions from Existing Sources: Electric Utility Generating Units 
Abstract: On June 25, 2013, President Obama issued a presidential memorandum directing the Environmental Protection Agency (EPA) to work expeditiously to complete greenhouse standards for the power sector. The agency is using its authority under section 111(d) of the Clean Air Act to issue emission guidelines, to address greenhouse gases (GHG) from existing power plants. The presidential memorandum specifically directs EPA to build on state leadership, provide flexibility and take advantage of a wide range of energy sources and technologies towards building a cleaner power sector. The presidential memorandum directs EPA to issue proposed GHG standards, regulations or guidelines, as appropriate, for existing power plants by no later than June 1, 2014, and issue final standards, regulations or guidelines, as appropriate, by no later than June 1, 2015. In addition, the presidential memorandum directs EPA to 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. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 60   
Legal Authority: CAA 111   
Legal Deadline:  None

Statement of Need: On December 7, 2009, the EPA found that current and projected concentrations of greenhouse gases (GHG) in the atmosphere threaten the public health and welfare of current and future generations. Electric generating units (EGUs) are the single biggest stationary source of greenhouse gases and account for well over a third of all greenhouse gas emissions in the United States. Recognizing that greenhouse gases pose a threat to the public health and welfare and that EGUs are one of the largest sources of GHG emissions, the EPA has begun taking regulatory steps to ensure reductions of GHG emissions from EGUs. The regulatory path that the EPA has embarked upon commits the agency to regulating emissions from, not just new EGUs, but also existing EGUs.

Summary of the Legal Basis: EPA will use the Clean Air Act authority under section 111 (d) to set GHG guidelines for states to set GHG standards for existing EGU sources. The Clean Air Act (CAA) gives the Agency broad authority to set standards for emissions of "air pollutants." GHGs have been determined by the U.S. Supreme Court to be "air pollutants" that are subject to regulation under the CAA. Because of this and the fact that GHGs are not currently regulated under either National Ambient Air Quality Standards or under the National Emission Standards for Hazardous Air Pollutants, EPA has the authority to address them under the NSPS program.

Alternatives: Not yet determined.

Anticipated Costs and Benefits: At this time we do not have any estimates regarding the benefits and costs of this action, but we do expect it to be a significant regulatory action with annual effects on the economy exceeding $100 million.

Risks: Not yet determined.

Action Date FR Cite
NPRM  06/00/2014 
Final Rule  06/00/2015 
Additional Information: Docket #:EPA-HQ-OAR-2013-0602. Split from RIN 2060-AQ91.
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: State, Tribal 
Federalism: Yes 
Energy Effects: Statement of Energy Effects planned as required by Executive Order 13211.  Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Split from 2060-AQ91 
Agency Contact:
Korbin Smith
Environmental Protection Agency
Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-04,
Research Triangle Park, NC 27711
Phone:919 541-2416

Lisa Conner
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-5060