EPA Regulation of Greenhouse Gases: Congressional Responses and Options (CRS Report for Congress)
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| Release Date |
Revised April 22, 2016 |
| Report Number |
R41212 |
| Report Type |
Report |
| Authors |
James E. McCarthy, Specialist in Environmental Policy; Larry Parker, Specialist in Energy and Environmental Policy |
| Source Agency |
Congressional Research Service |
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Summary:
Both the Administration and Congress expect that regulation of greenhouse gases (GHGs) by the Environmental Protection Agency (EPA) will be an important issue in 2015. EPA has proposed standards to limit GHG emissions from both new and existing fossil-fueled electric power plants. The agency expects to issue final standards for these units by mid-summer of this year.
Because of the importance of electric power to the economy and its significance as a source of GHG emissions, the EPA standards have generated substantial interest. The economy and the health, safety, and well-being of the nation are affected by the availability of a reliable and affordable power supply. Many contend that that supply would be adversely impacted by controls on GHG emissions. At the same time, an overwhelming scientific consensus has formed around the need to slow long-term global climate change. The United States is the second largest emitter of greenhouse gases, behind only China, and power plants are the source of about one-third of the nation's anthropogenic GHG emissions. If the United States is to reduce its total GHG emissions, as the President has committed to do, it will be important to reduce emissions from these sources.
Leaders of both the House and Senate in the 114th Congress have stated their opposition to the proposed standards, so Congress is likely to consider legislation to prevent EPA from finalizing or implementing the proposed rules. Such legislation could take one of several forms:
a resolution (or resolutions) of disapproval under the Congressional Review Act;
freestanding legislation;
the use of appropriations bills as a vehicle to influence EPA activity; or
amendments to the Clean Air Act.
More than a dozen bills were introduced in the 112th and 113th Congresses that might serve as templates for such legislation in the 114th. Among the bills introduced in the 113th Congress, the most prominent were H.R. 3826 and S.J.Res. 30. The former, which passed the House in March 2014, would have prohibited EPA from promulgating or implementing GHG emission standards for fossil-fueled electric generating units until certain stringent requirements were met, and would have required that Congress enact new legislation setting an effective date before such standards could be implemented. The Senate bill, a resolution of disapproval under the Congressional Review Act, would have rendered EPA's proposed standards of no force or effect and would have prohibited EPA from promulgating similar standards unless Congress enacted new authorizing legislation.
This report discusses elements of the GHG controversy, providing background on stationary sources of GHG emissions and providing information regarding the options Congress has at its disposal to address GHG issues.
