December 9, 2013

Comments of the Clean Air Council of Pennsylvania on Proposed Carbon Pollution Standards 

for Existing Sources of Carbon Pollution

Thank you for accepting these comments from the Clean Air Council (“the Council”) on 

DEP’s development of proposed carbon pollution standards for new power plants. The Council 

is a non-profit organization in Philadelphia that has been working since 1967 to carry out our 

mission of protecting everyone’s right to breathe clean air.

The National Oceanic and Atmospheric Administration measured average daily levels of 

carbon dioxide of 400 ppm in the atmosphere for the first time this May, a concentration not seen 

on Earth for millions of years.1The need for meaningful action to reduce carbon emissions is 

increasingly apparent and increasingly urgent. As the Council has outlined in written comments

to the United States Environmental Protection Agency (EPA), it is the Council’s position that 

there is a firm legal basis for EPA’s authority to promulgate a rule addressing carbon emissions 

from existing sources under § 111(d) of the Clean Air Act (CAA). In the absence of U.S. 

Congressional action, EPA’s authority under § 111(d) is the best, most immediately available 

mechanism for reducing carbon emissions from existing power plants.

Section 111(d) gives states an important role in designing how they are going to meet EPA’s 

requirements to reduce carbon emissions. The Council urges DEP to seize this opportunity to 

implement serious long-term and cost-effective programs to reduce the state’s contribution to 

climate change. The Council specifically urges DEP to consider the following:

First, in order for Pennsylvania’s program to be as effective as possible at reducing carbon 

pollution over the longer term, Pennsylvania should adopt a plan that will keep pace with 

 

1

See Justin Gillis, Heat-Trapping Gas Passes Milestone, Raising Fears, N.Y. TIMES, May 10, 2013, available at: 

http://www.nytimes.com/2013/05/11/science/earth/carbon-dioxide-level-passes-long-feared-milestone.html.

Philadelphia

135 South 19th St

Suite 300

Philadelphia, PA 19103

215.567.4004

Fax 215.567.5791

members@cleanair.org

www.cleanair.org

Harrisburg

107 North Front St.

Suite 113

Harrisburg, PA 17101

717.230.8806

Fax 717.230.8808

Wilmington

Community Service Building

100 West 10th St.

Suite 106

Wilmington, DE 19801

302.691.0112
improvements in technology. The “best system of emissions reduction” that the CAA calls for2

has been interpreted as being technology-forcing – as “look[ing] toward what may fairly be 

projected for the regulated future” rather than being based on the present state of technology. 

The Council believes that § 111(d) allows Pennsylvania to establish pre-planned changes in the 

stringency of standards over time, and urges DEP to adopt a program that does so.

Second, in order for the Pennsylvania’s plan to be effective in reducing carbon pollution, it

also needs to avoid the problem of simply replacing one fossil fuel – coal – with another –

natural gas. To this end, the Council urges DEP to include in its plan ambitious goals for 

Pennsylvania to revise its alternative energy portfolio standard into a true renewable portfolio 

standard. DEP’s proposed plan should also include proposals to work with the Pennsylvania 

Public Utilities Commission (PUC) to substantially increase energy efficiency. Act 1293is a 

modest start. This has already been done in the context of SIPs and § 110, to which § 111(d) 

refers back.

Third, Pennsylvania should consider joining RGGI, or implementing a parallel RGGI-like 

program. Had Pennsylvania done so earlier it would be in a better position to ask for credit for 

reductions already achieved. There is no explicit statutory bar to joint plans and, in terms of 

reducing carbon pollution, the larger a geographic area a plan can encompass the better.

Finally, regulation of CO2 does not necessarily pose the serious threat to jobs that industry 

argues it does. Coal plant retirements are happening largely because of the MATS requirements, 

which are already in place and not at issue here. In addition, any discussion of greenhouse gas 

regulation and jobs must take into account the fact that climate change itself wreaks havoc, 

eliminates jobs, and damages the economy. Finally, the renewable energy and energy efficient 

sector can be a significant source of jobs. Pennsylvania would greatly benefit by immediately 

investing in job training programs for coal workers that are being increasingly displaced.

Until the United States starts to meaningfully reduce its own carbon emissions, we will not 

be able to effectively work with the rest of the world’s countries to effectively address the global 

problem of climate change.

 

2

42 U.S.C. § 7411(a)(1).

3

66 Pa. C.S. §2806.1.