It’s no surprise that people interested in President Obama’s
second-term agenda are having a difficult time figuring out what that
agenda is. One of the only hints the president has given about his plans
is a now-typical response he gave recently regarding fiscal issues:
“I’m going to have to look at how we can work around Congress.” This mirrors
his first-term approach to environmental issues, when following a
“shellacking” in the 2010 elections Obama turned his Environmental
Protection Agency (EPA) loose on environmental and climate issues
despite Congress never giving him its imprimatur to do so. What would a
second-term Obama EPA do? Here’s a quick look at some of the regulatory
avenues the president could use to keep working around Congress.
Apply greenhouse gas regulations to existing power plants: In March 2012, EPA proposed greenhouse gas (GHG) regulations for new power plants. EPA wrote its proposed rule in a way that ensures that the regulations will only apply to new plants and only combined-cycle natural gas plants will be able to meet the thresholds. While this rule effectively bans construction of new coal-fired power plants, it doesn’t affect the existing coal fleet.
However, EPA has no statutory basis for not applying the Section 111 rules to existing and modified sources too. Once the election is past and the GHG rules for new plants are finalized, environmental groups will likely use a sue-and-settle strategy to get the GHG rules applied to existing coal plants as well. As the Sierra Club’s chief climate counsel, David Bookbinder, wrote, after environmentalists get regulations for new plants in place, “they could start thinking about how to deal with existing power plants under Section 111(d) of the Act. But one thing at a time.” EPA admitted as much in its initial November 2011 draft of the GHG rule, indicating that “in a subsequent separate action, the EPA will issue … emission guidelines for … existing fossil-fuel-fired” power plants.
Apply greenhouse gas regulations to existing power plants: In March 2012, EPA proposed greenhouse gas (GHG) regulations for new power plants. EPA wrote its proposed rule in a way that ensures that the regulations will only apply to new plants and only combined-cycle natural gas plants will be able to meet the thresholds. While this rule effectively bans construction of new coal-fired power plants, it doesn’t affect the existing coal fleet.
However, EPA has no statutory basis for not applying the Section 111 rules to existing and modified sources too. Once the election is past and the GHG rules for new plants are finalized, environmental groups will likely use a sue-and-settle strategy to get the GHG rules applied to existing coal plants as well. As the Sierra Club’s chief climate counsel, David Bookbinder, wrote, after environmentalists get regulations for new plants in place, “they could start thinking about how to deal with existing power plants under Section 111(d) of the Act. But one thing at a time.” EPA admitted as much in its initial November 2011 draft of the GHG rule, indicating that “in a subsequent separate action, the EPA will issue … emission guidelines for … existing fossil-fuel-fired” power plants.
No comments:
Post a Comment