UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON , D

.C. 20460

OFFICE OF AIR AND RADIAT IO N


### MEMORANDUM SUBJECT:

FROM :

THRU:

TO: Inadvertent Errors in the Proposed Rule, Standards ofPerformance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units Janet G. McCabe ..) 

### c::,r(<:.. 

### Acting Assistant Administrator Lorie

# Schmidt**~** Associate General Counsel Office ofGeneral Counsel (2344A) Shannon Kenny

## ~ Acting

## Associat~inistrator Office ofPolicy (1806A) Gina McCarthy Administrator (1101A) We recommend correcting some inadvertent errors that were made in the process ofpreparing the signature package for the proposed rule, Standards ofPerformance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units, which was signed on September 20, 2013

. The attached red-line/strike-out version ofthe preamble and rule identifies these errors and shows the corrected text, and does the same for some typographical and grammatical errors. In addition, this version includes several non-substantive edits primarily to make the package consistent with the requirements ofthe 

### Federal Register. 1


### Preamble: Page 2, SUMMARY, is amended by adding as the last sentence "This action also includes related proposals concerning permitting fees under Clean Air Act Title V, the Greenhouse Gas Reporting Program, and the definition ofthe pollutant covered under the prevention of significant deterioration program. " This change provides the public with adequate notice of non-standard-of-performance proposed rules.

1 These page number cited refers to the redline/strikeout version ofthe preamble and rule ; the corrections could occur earlier or later in the corrected version.

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. Process Chlorine Free Recycled Paper2 Page 83, first full sentence, is amended by replacing "supplies" with " is constructed for the purpose of supplying" to 'state correctly that "Second, we are proposing to revise the third criteria to be met ifthe EGU is constructed for the purpose of supplying "more than 219,000 MWh," as opposed to "25 MW," net-electrical output to the grid." Page 153, B. Applicability Requirements- Today's Proposal, first sentence, is amended by deleting " applicability should be based on electric sales alone, so that the proposed" to state correctly that " In today's rulemaking, we propose that standards ofperformance apply to a facility ifthe facility supplies more than one-third ofits potential electric output and more than 219,000 MWh net electric output to the grid per year." Page 218 , footnote 188 text reference, is amended by adding footnote 188 to correctly state that "An Assessment ofthe Commercial Availability of Carbon Dioxide Capture and Storage Technologies as ofJune 2009 ," PNNL-18520, Pacific Northwest National Laboratory, Richland, WA, June 2009. Available at: http://www.pnl.gov/main/publications/external/technical_reports/PNNL-18520.pdf." Page 269, third paragraph, third sentence, is amended by adding "than" to state correctly that " This is because control ofcriteria pollutants and HAPs often involves the use of a pollution control device that results in significant reductions , often greater than 90 percent." Page 276, first paragraph, third sentence, is amended to read "Specifically, Subpart PP requires facilities with production process unit(s) that capture a C02 stream for purposes of supplying C02 for commercial applications or that capture and maintain custody ofa C02 stream in order to sequester or otherwise inject it underground and which meet certain applicability requirements to report the mass of C02 captured." This change correctly summarizes subpart PP ofthe GHG Reporting Program. Page 295 , third full sentence, is amended by adding "on" to state correctly that "These subcategories are based on whether the design heat input rate to the turbine engine is either less than or equal to 850 MMBtulh or greater than 850 MMBtu/h." Page 301, second paragraph, is amended by adding "of' to state correctly that "In the alternative, ifthe Tailoring Rule thresholds would not continue to apply when the EPA promulgates requirements under CAA section 111, then the EPA would assess whether to proceed with a separate rulemaking action to narrow its approval ofall ofthe State's approved SIP PSD programs to assure that for federal purposes, the Tailoring Rule thresholds will continue to apply as ofthe effective date ofthe final rule that EPA is proposing today."
In addition, in various places in which the withdrawal ofthe original proposal (from April, 2012) is discussed, we changed "rescind" to "withdraw" to be consistent with the terminology in the withdrawal notice (e.g., pages 9, 15, 19, 38).

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We recommend that you correct these inadvertent errors and approve these changes by signing and dating below

. Attachment

# ~ NOV 2 1 2013 Date Administrator