Eades, Cassaundra 

From:	 Mackay, Cheryl 

Sent:	 Tuesday, May 27, 2014 4:47 PM 

To:	 Vaught, Laura; Distefano, Nichole; Lubetsky, Jonathan 

Cc:	 Lewis, Josh; Eades, Cassaundra; Mims, Kathy 

Subject:	 FW: Texas Delegation Letter 

Attachments:	05222014 Letter to EPA CAA 111(d).pdf 

FYI 

Kathy/Sandy, please save in CMS. Thanks. 

Cheryl A. Mackay 

USEPA 

(202) 564-2023 

From: Mooney, Brandon [mailto:Brandon.Mooney@mail.house.gov]

Sent: Tuesday, May 27, 2014 3:39 PM 

To: Lewis, Josh; Mackay, Cheryl 

Cc: White, Wendell 

Subject: Texas Delegation Letter 

Josh, 

I am attaching a letter addressed to Administrator McCarthy signed by 29 Members of the Texas 

Congressional Delegation regarding potential CAA 111(d) regulations impacting existing electric generating 

units. A hard copy was sent by mail this afternoon. Signatories are Representatives Joe Barton, Henry Cuellar, 

Lamar Smith, Ralph Hall, Randy Weber, John Carter, Pete Gallego, Kenny Marchant, Steve Stockman, John 

Culberson, Sheila Jackson Lee, Mac Thornberry, Louie Gohmert, Pete Sessions, Michael Mc Caul, Kevin Brady, 

Pete Olson, Blake Farenthold, Randy Neugebaeur, Bill Flores, Gene Green, Roger Williams, Filemon Vela, Sam 

Johnson, Kay Granger, Ted Poe, Jeb Hensarling, and Michael Burgess. 

Please let me know that you have received this email and don't hesitate to reach out if you have any questions 

or if our office can be of assistance. 

Regards, 

Brandon 

Brandon Mooney I Professional Staff Member 

U.S. House Committee on Energy and Commerce 

2125 Rayburn House Office Building 

Washington, D.C. 20515 

(202) 225-2927
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Ifteilirtgtoic, BC2 20515 

May 22, 2014 

The Honorable Gina McCarthy 

Administrator 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, NW 

Washington, D.C. 20460 

Dear Administrator 

We write to express our concerns with the U.S. Environmental Protection Agency's (EPA) 

planned regulation of carbon dioxide (CO Z ) emissions from existing electric generating units 

(EGUs) under Section 111(d) of the Clean Air Act (CAA). As we understand, a draft proposed 

rule, which could have a serious economic impact on the State of Texas, was forwarded by EPA 

to the Office of Management and Budget (OMB) for interagency review on March 31, 2014 with 

the timetable for a Notice of Proposed Rulemaking to be issued by June 1, 2014. 

It is our position that climate change policy should be directed by Congress. The decision by 

EPA to move forward with rulemaking to regulate CO 2 emissions from existing EGUs raises 

serious legal and implementation questions. We share the view expressed by the Texas 

Commission on Environmental Quality and the Public Utility Commission of Texas that CAA 

Section 1 I 1(d) is not the appropriate vehicle for regulating CO 2 emissions from existing EGUs.I 

Texas leads the nation in population growth and electricity demand. With a robust 

manufacturing base, and as the leading producer of oil, gas and petrochemical products, our state 

is an economic engine for the entire nation. Texas has been able to talce this leading role in large 

part due to the availability of reliable and affordable electricity generated by fossil-fuels such as 

coal, lignite, and petroleum coke. Given such growth and potential, EPA should recognize that 

Texans require an all-of-the-above approach to power generation, not one that will raise the cost 

of electricity by selectively eliminating certain types of fossil fuels. 

Affordable and reliable energy is essential to future growth. Beyond ensuring a stable power 

supply, the industries built around fossil energy have a direct economic impact on local 

communities in Texas, including in rural areas. Consumer owned electric cooperatives, whose 

role it is to ensure delivery of affordable electricity, are particularly vulnerable to new power 

sector regulations. If regulatory changes result in the retirement of a significant amount of 

generation capacity, it will lead to higher electricity rates, threats to grid reliability, and a loss of 

jobs. 

' Texas Commission on Environmental Quality and Public Utility Commission of Texas. Comments on COZ 

emissions for EGUs, Section 111(d) of the Clean Air Act. Submitted to the U.S. Environmental Protection Agency 

on January 14, 2014,

PRINTED ON RECYCLED PAPER
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We are troubled by EPA's interpretation of its authority under the CAA. EPA should recognize 

the authority of states under Section 111(d) to determine for themselves standards of 

performance for existing sources. To the extent that EPA proceeds with regulations under 

Section 111(d) for EGUs, we request that EPA work with Congress a.nd the State of Texas to 

ensure that the rights and interests of the state and its citizens are fully protected. 

Thank you for your prompt attention to our concerns. Should you have any questions, please 

contact Brandon Mooney in Congressman Barton's Office at (202) 225-2002 or Wendell Frank 

White Jr. in Congressman Cuellar's Office at (202) 225-1640. 

Sincerely, 

1(^ Gw^'.. 

Joe Barton 

Member of Congress

Henry Cuell 

Member of ongress 

.1,
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