Full Title: Efficiency Rules: The Case for End-Use Energy Efficiency Programs in the Section 111(d) Rule for Existing Power Plants
Author(s): Kate Konschnik and Ari Pescoe
Publisher(s): Harvard Law School
Publication Date: 2/2014
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EPA has proposed New Source Performance Standards (NSPS) for cutting greenhouse gas (GHG) emissions from new fossil-fuel burning power plants. In parallel or directly following promulgation of new source standards, Section 111(d) of the Clean Air Act directs EPA to issue guidelines for States to follow when implementing performance standards from existing power plants.
Existing power plant guidelines could drive significant GHG reductions in the electricity sector. However, due to the relatively small universe of pollutants covered by Section 111(d), EPA has triggered this provision infrequently. Therefore, EPA has not explored the full potential of options for setting an existing source standard, and courts have set no boundaries in this regard. This paper discusses the flexible contours of Section 111(d) and establishes the potential for end-use energy efficiency (EE) programs to drive existing source guidelines and meet the corresponding performance standards.