1 

### King, Melanie

From: King, Melanie
Sent: Thursday, October 16, 2014 10:08 AM

To: 'Higgins, Cortney'
Cc: Wayland, Robertj; Elman, Barry Subject: Sending memo requested in the 10/15/14 Interagency Comments under EO 12866 on RIN 2060-AR33 Supplemental NPRM

Attachments: Supplemental MEMO for EGU GHG 111( d) reg text table- DRAFT.docx

Hi Cortney,

The interagency comment on p. 109 of the NPRM requested the memo that shows the proposed changes to the reg

text. The draft memo is attached.

Melanie King
Energy Strategies Group

Sector Policies and Programs Division

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

Mail Code D243

‐ 01

RTP, NC 27711

Phone: (919) 541

‐ 2469

Fax: (919) 541

‐ 5450 king.melanie@epa.gov

From: Higgins, Cortney [mailto:Cortney_Higgins@omb.eop.gov]

Sent: Wednesday, October 15, 2014 7:28 PM

To: King, Melanie

Cc: Wayland, Robertj; Elman, Barry Subject: Interagency Comments under EO 12866 on RIN 2060

‐ AR33 Supplemental NPRM

Hi Melanie,

Attached are the interagency comments on the Indian country and Territories supplemental NPRM.

The only major issue we may need to discuss is the treatment of the fuel savings in the RIA (treating the savings as a benefit, rather than a cost savings). I’d like to have our economist involved in that discussion, and unfortunately, she is

not in the office tomorrow. Let me know if we should set something up for early next week on that issue.

Let me know if you all think a call tomorrow is still necessary.

Regards,
Cortney

### 1 MEMORANDUM

From: Colin Boswell Office of Air Quality Planning and Standards U.S. Environmental Protection Agency

To: Melanie King

Date: September, 2014

Subject: Amended Regulatory Text for Suppl emental Proposal: Carbon Pollution Emission Guidelines for Existing Power Plants in Indian Country and U.S. Territories

Amended Regulatory Text

On June 18, 2014, the EPA proposed adding a Subpart UUUU (79 FR 34950) to 40 CFR Part 60. This new subpart is the Emission Guidelines for Greenhous e Gas Emissions and Compliance Times for Electric Utility Generating Units. The EPA intends to finalize the proposed amendments with the inclusion of a supplemental proposal which includes carbon pollution gu idelines for existing power plants in Indian country and U.S. territories. To f acilitate understanding the amendments to the regulation being proposed in the supplemental proposal and allow interested persons to see the proposed amendments for Indian country and U.S. territories, the following document uses track chan ges to demonstrat e the proposed additional emission guidelines for I ndian country and U.S. territories . The only changes to the proposed regulation text are in Sec tion 60.5710 and Table 1. In Section 60.570 the EPA is adding text to clarify the applicability of the regula tion to include U.S. territories and areas of Indian country. In Table 1 the EPA

adds CO 2 

### Emission Performance Goals for the applicable U.S. territories and areas of Indian country. Note

that Section 302 of the CAA defines th e term “State” to include U.S. territories in the remainder of the original proposed regulation te xt not shown in this memo.

Subpart UUUU: Emission Guidelines for Greenho use Gas Emissions and Compliance Times for Electric Utility Generating Units

*****

§ 60.5710 Am I affected by this subpart? If you are the Administrator of an air quality program of a state, the Commonwealth of Puerto Rico, Guam and any other United States’ territory, or an Indian tribe that has been approved by EPA pursuant to 40 CFR 49.9 as eligible to administer this subsection (hereinafter a state) in state with one or more

affected EGUs that commenced construction on or before January 8, 2014, you must submit a state plan to the U.S. Environmental Protection Agency (EPA) that implements the emission guidelines contained in this subpart. You must submit a negative declaration lette r in place of the stat e plan if there are no

affected EGUs for which construction commenced on or before January 8, 2014 in your state.

*****

Table 1 to Subpart UUUU of Pa rt 60—State Rate-based CO 2 

### Emission Performance Goals (Pounds of CO 2 

### Per Net MWh)

State Interim Goal Final Goal
Alabama 1,147 1,059

Alaska 1,097 1,003

### 2 Arizona 735 702

Arkansas 968 910

California 556 537
Colorado 1,159 1,108

Connecticut 597 540

Delaware 913 841

Florida 794 740 Georgia 891 834
Hawaii 1,378 1,306

Idaho 244 228
Illinois 1,366 1,271
Indiana 1,607 1,531

Iowa 1,341 1,301
Kansas 1,578 1,499 Kentucky 1,844 1,763

Louisiana 948 883

Maine 393 378 Maryland 1,347 1,187

Massachusetts 655 576 Michigan 1,227 1,161

Minnesota 911 873 Mississippi 732 692

Missouri 1,621 1,544
Montana 1,882 1,771
Nebraska 1,596 1,479

Nevada 697 647 New Hampshire 546 486 New Jersey 647 531
New Mexico 1,107 1,048

New York 635 549
North Carolina 1,077 992
North Dakota 1,817 1,783
Ohio 1,452 1,338

Oklahoma 931 895

Oregon 407 372 Pennsylvania 1,179 1,052

Rhode Island 822 782

South Carolina 840 772

South Dakota 800 741

Tennessee 1,254 1,163

Texas 853 791
Utah 1,378 1,322 Virginia 884 810 Washington 264 215 West Virginia 1,748 1,620

Wisconsin 1,281 1,203 Wyoming 1,808 1,714

### 3 Puerto Rico 1,485 1,426

Guam 1,726 1,582 Lands of the Navajo Nation 1,993 1,993

Lands of the Ute Tribe of the Uintah and Ouray Reservation 2,016 2,016

Lands of the Fort Mojave

Tribe 858 858