[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Presidential Documents]
[Pages 39535-39537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15941]



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Vol. 78

Monday,

No. 126

July 1, 2013

Part VI





The President





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



Executive Order 13647--Establishing the White House Council on Native 
American Affairs
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  Federal Register / Vol. 78 , No. 126 / Monday, July 1, 2013 / 
Presidential Documents  

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 Title 3--
 The President

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                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 
                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,

[[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.

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                    (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