# CLEAN AIR)
Comments of Darin Schroeder Clean Air Task Force TASK FORCE May 2 4 ,2 012

On b e ha lf o f C ATF , I w ant to c o n g ra tul ate E PA , and eve ry o n e invol ve d , on thi s propo sed rul e. Foss il fue l-fire d E lec tri c Ge n e ratin g Units (EGUs) are the le ad i ng stat io n ary so urce e mitte r of car bo n d iox id e, a we ll-kn own g r eenh o u se gas . Carb o n d io xid e cont r ibu tes t o clim at e c h ange, in turn imp acti n g nearly a ll as p ects of o ur every d ay lif e. Thi s includ es: adve r se effec t s on o ur agri culture syst e m s ; th e inc rease in seve re weath e r and weath e r-re late d eve nt s like w il dfir es and fl oo di ng; incr ease d s tresses o n wate r sys t em s; an d ad ve rse e ff ect s o n w il d li fe a n d ecosys te m s. T h e press ing ne ed to imm e di a t e l y r educ e carb o n di ox id e (and oth er gr ee nh o u se gas)
e mi ss io n s i s hi g hli g hte d by th e p o llu tant s' ph ys i ca l pro pe rti es . A s co mp are d t o o th e r p o lluta nts regu lat ed un d e r th e C l ean A ir Ac t , carbo n d iox id e re m ain s in th e atmos ph e re fo r a hundred years , o r m o re . U ntil r e duct io n s in its e mi ss io n s are ac hi eve d , th e res ultin g acc umul a ti ons an d
as s ociate d d am age wi ll co ntinu e - and eve n g row - at a d an ge rou s ra t e . T h e nee d to ac hi eve gree nh ous e gas re du c ti o n s th e refore is imm edi a te , an d we app la ud yo u all fo r t aking this hi s to ri c an d impo rtant fi rs t step . Becau s e of th e imp ac t a ll f oss il fu e l-fi r e d EGUs ha v e , and will co nt inu e to h ave , on C 0 2
e mi ss i o n s, it was w i se for E PA to co mbin e th e m into th e s in g l e s ubp art TTTT fo r purp oses of th is rul e . H oweve r , the r e are a co u p l e of i ss ues w ith th e propose d rul e I'd lik e t o briefly co mm ent
o n today. Fir s t i s E PA ' s de t ermin ati o n t h at a na tu ral gas comb in e d cycle p l ant is th e o nl y " b es t sy ste m of e mi ss i o n re du c ti o n " (BSER ) s up po rt i n g th e emi ss i o n s s tand a r d E P A proposes.

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. 0234Page 2 of3 Congress , through the Clean Air Act, requires EPA establish new source performance standards (NSPS) that reflect
the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. 42 U.S.C. 7411 ( a)(l). For EGUs , this system of emission reduction is not only an efficient gas plant, but also Carbon Capture and Sequestration (CCS). CCS is BSER both as a matter of law and fact. The NSPS program is meant to pave the way toward improved air quality

- including decreased climate pollutant emissions- and is to be based on the BEST system of emission reduction. As such , the Courts have said that the NSPS program should look "toward what may fairly be projected for the regulated future , rather than the s tate of the art at present" in order to stimulate and augment the innovative character of industry. Courts have further told us that an " adequately demonstrated " technology which can be the basis for a standard is " one which has been shown to be reasonably reliable , reasonably efficient, and which can reasonably be expected to serve the interests of pollution control without becoming exorbitantly costly in an economic or environmental way. " This includes systems in
use in other countries as well as across other industries. The Courts explained that an achievable limitation based on such technology is one that is not purely theoretical or experimental, but it also " need not necessarily be routinely achieved within the industry prior to its adoption. " CCS is adequately demonstrated and emission limits based on this technology are achievable, especially when looking out over the 30 years an EGU would have to comply. For example , two new coal plants in the U
. S. will utilize CCS technology immediately upon commencement of operations
. Moreover, CCS has been long been demonstrated to work
. C02Page 3 of3 from a Norwegian commercial gas development project has been captured and sequestered since 1996. Accordingly , EPA must also rely on CCS as the best system of emission reduction for the emission limit it finalizes for new subpart TTIT. Secondly , I ' d also like to briefly comment on the "transitional source" category described in the proposal. Under the NSPS program any source commencing construction after the date of
a proposed rule ' s publication is subject to that rule. The proposed rule would carve out an exemption to this requirement for certain facilities it identifies as "potential transitional sources." But such an exemption from the statutory requirement just isn't justified by the sunk costs of projects that have yet to commence construction. Moreover, we don't see a policy rationale for providing any special treatment for " potential " transitional sources that have no plans to ever utilize CCS to reduce their C02 emissions. As such , EPA has not provided a policy or a legal rationale for the exemptions. Finally , the bulk of future C02 emissions come from sources that exist today. We look to EPA to take much needed action to reduce C02 emissions from existing sources as a next step. Thank you for the opportunity to comment on this critically important and historic rule.