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[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Presidential Documents]
[Pages 39533-39537]
From the Federal Register Online via the Government Printing Office []
[FR Doc No: 2013-15941]

[[Page 39533]]

Vol. 78


No. 126

July 1, 2013

Part VI

The President


Memorandum of June 25, 2013--Power Sector Carbon Pollution Standards

Executive Order 13647--Establishing the White House Council on Native
American Affairs

                        Presidential Documents

Federal Register / Vol. 78 , No. 126 / Monday, July 1, 2013 /
Presidential Documents


Title 3--
The President

[[Page 39535]]

                Memorandum of June 25, 2013

Power Sector Carbon Pollution Standards

                Memorandum for the Administrator of the Environmental
                Protection Agency

                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

                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,

[[Page 39536]]

                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.

[[Page 39537]]

                    (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.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, June 25, 2013.

[FR Doc. 2013-15941
Filed 6-28-13; 11:15 am]
Billing code 6560-50

Originally posted to LakeSuperior on Mon Jul 01, 2013 at 11:06 AM PDT.

Also republished by Climate Hawks and Kosowatt.

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