In August 2015, EPA promulgated emission standards for new and existing fossil-fueled electric generating units (EGUs) under Section 111 of the Clean Air Act. This report discusses elements of this controversy, providing background on stationary sources of greenhouse gas pollution and identifying options Congress has if it chooses to address the issue. The report discusses four sets of options: (1) resolutions of disapproval under the Congressional Review Act; (2) freestanding legislation directing, delaying, or prohibiting EPA action; (3) the use of appropriations bills as a vehicle to influence EPA activity; and (4) amendments to the Clean Air Act, including legislation to establish a new GHG control regime. The report considers each of these in turn, but first provides additional detail regarding the sources of GHG emissions, the requirements of the Clean Air Act, and a brief description of the two rules that would limit power plant GHG emissions. Because power plants and other stationary sources are the largest sources of GHG emissions, EPA has begun the process of regulating their emissions through the two authorities. The potential advantage of the Congressional Review Act lies primarily in the procedures under which a resolution of disapproval is to be considered in the Senate. In December 2015, Congress passed and sent to the President two resolutions of disapproval under the CRA: S.J.Res. 23 , which would disapprove the New Source Performance Standards for power plants promulgated by EPA on August 3, 2015, and S.J.Res. The President vetoed both resolutions on December 18. 2042 and Other Bills in the 114th Congress

On June 24, 2015, the House passed Representative Whitfield's H.R. It would also allow a state to opt out of compliance if the governor determines that the rule would have an adverse effect on rate-payers or have a significant adverse effect on the reliability of the state's electricity system. It addressed the New Source Performance Standards proposed by EPA, rather than the standards for existing power plants. 910 / S. 482 , was introduced by Chairman Upton of the House Energy and Commerce Committee and Senator Inhofe, then-ranking Member of the Senate Environment and Public Works Committee. House appropriations riders considered during this time would have 
prohibited EPA (during the one-year period following enactment) from proposing or promulgating New Source Performance Standards for GHG emissions from electric generating units and refineries; declared any statutory or regulatory GHG permit requirement to be of no legal effect; prohibited common law or civil tort actions related to greenhouse gases or climate change, including nuisance claims, from being brought or maintained; prohibited the preparation, proposal, promulgation, finalization, implementation, or enforcement of regulations governing GHG emissions from motor vehicles manufactured after model year 2016, or the granting of a waiver to California so that it might implement such standards; and prohibited EPA from requiring the issuance of permits for GHG emissions from livestock and prohibited requiring the reporting of GHG emissions from manure management systems.
In August 2015, the Environmental Protection Agency (EPA) promulgated standards to limit emissions of greenhouse gases (GHGs) from both new and existing fossil-fueled electric power plants. 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 30% 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 GHG emission standards, so Congress has considered several bills to prevent EPA from implementing the promulgated rules. Such legislation could take one of several forms:
1. a resolution (or resolutions) of disapproval under the Congressional Review Act; 2. freestanding legislation; 3. the use of appropriations bills as a vehicle to influence EPA activity; or 4. amendments to the Clean Air Act.
Following promulgation of the power plant GHG standards, Congress passed and sent to the President S.J.Res. 23 and S.J.Res. 24, joint resolutions disapproving the standards for both new and existing power plants under the Congressional Review Act. The President vetoed both resolutions on December 18, 2015.
Earlier, the House passed H.R. 2042, which would delay the compliance date of GHG emission standards for electric generating units and would allow a state to opt out of compliance if the governor determines that the rule would have an adverse effect on rate-payers or have a significant adverse effect on the reliability of the state's electricity system. The Senate Environment and Public Works Committee has reported a bill with similar (and additional) provisions, S. 1324, but as of this writing the full Senate has not acted on it.
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.