Standards of Performance for Greenhouse Gas Emissions from 

New Stationary Sources: Electric Utility Generating Units 

Response to Comments on January 8, 2014 Proposed Rule

U.S. Environmental Protection Agency

August 3, 2015
1-2

Chapter 1

Contents

1.1 Introduction.......................................................................................................................... 3

1.2 Background.......................................................................................................................... 4

1.3 Stakeholder Engagement ..................................................................................................... 4

1.4 Public Comments................................................................................................................. 5

1.5 Organization of This Document......................................................................................... 25
1-3

1.1 INTRODUCTION

This document provides the Environmental Protection’s (EPA’s) responses to public comments 

on the Proposed Standards of Performance for Greenhouse Gas Emissions from New Stationary 

Sources: Electric Utility Generating Units. The Notice of Proposed Rulemaking was published 

in the Federal Register on January 8, 2013, at 79 FR 1430. The EPA received comments on the

proposed rule via mail, e-mail, facsimile, and at a public hearings held in Washington, DC on 

February 6, 2014. Copies of all comments submitted and transcripts for the public hearings are 

available electronically through http://www.regulations.gov by searching Docket ID: EPA-HQOAR-2013-0495.

On June 18, 2014, the EPA proposed standards of performance to limit emissions of CO2 from 

modified and reconstructed fossil fuel-fired electric utility steam generating units and natural 

gas-fired stationary combustion turbines (79 FR 34959). This document only contains responses 

to comments on the January 8, 2014 proposal. A separate Response-to-Comments document has 

been developed for comments on the June 18, 2014 proposal. 

The EPA refers to the standards of performance for new, modified and reconstructed fossil fuelfired EGUs as the ‘Carbon Pollution Standards’. The Response-to-Comments Document, 

together with the preamble to the final Carbon Pollution Standards, presents the responses of the 

EPA to the more than two million public comments received on the proposals described above. 

The EPA has addressed all significant issues raised in the public comments.

As a result of changes made to the preamble and final rule prior to signature, and due to the 

volume of comments received, some responses in the Response-to-Comments Documents may

not reflect the language in the preamble and final rule in every respect. Where the response is in 

conflict with the preamble or the final rule, the language in the final preamble and rule controls 

and should be used for purposes of understanding the scope, requirements, and basis of the final 

rule. In addition, due to the large number of comments that addressed similar issues, as well as 

the volume of the comments received, the Response-to-Comments Documents do not always 

cross-reference each response to the commenter(s) who raised the particular issue involved. The 

responses presented in this document are intended to augment the responses to comments that 

appear in the preamble to the final rule or to address comments not discussed in that preamble. 

Although portions of the preamble to the final rule are paraphrased in this document where 

useful to add clarity to responses, the preamble itself remains the definitive statement of the 

rationale for the revisions adopted in the final rule. In many instances, particular responses 

presented in the Response-to-Comments Documents include cross references to responses on 

related issues that are located either in the preamble to the Carbon Pollution Standards, the 

Technical Support Documents, or elsewhere in the Response-to-Comments Documents. All 

issues on which the EPA is taking final action in the Carbon Pollution Standards are addressed in 

the Carbon Pollution Standards rulemaking record.

Accordingly, the Response-to-Comments Documents, together with the preamble to the Carbon 

Pollution Standards and the information contained in the Technical Support Documents, and the 

rest of the administrative record should be considered collectively as the agency’s response to all 

of the significant comments submitted on the two proposals described above. The Response-toComments Documents incorporate directly or by reference the significant public comments 
1-4

addressed in the preamble to the Carbon Pollution Standards as well as other significant public

comments that were submitted on the proposed rule.

1.2 BACKGROUND

On April 13, 2012, the EPA initially proposed standards under CAA section 111(b) for newly 

constructed fossil fuel-fired electric utility steam generating units (77 FR 22392). The EPA 

withdrew that proposal on January 8, 2014 (79 FR 1352), and, on the same day, proposed the 

standards addressed in the final rule associated with this response-to-comments (RTC) 

document. Specifically, the EPA proposed standards of performance under CAA section 111(b) 

to limit emissions of CO2 from newly constructed fossil fuel-fired electric utility steam 

generating units and newly constructed natural gas-fired stationary combustion turbines. 

In support of the January 2014 proposal, on February 26, 2014, the EPA published a notice of 

data availability (NODA) (79 FR 10750). Through the NODA and an associated technical 

support document, Effect of EPAct05 on Best System of Emission Reduction for New Power 

Plants, the EPA solicited comment on its interpretation of the provisions in the Energy Policy

Act of 2005 (EPAct05), including how the provisions may affect the rationale for the EPA’s 

proposed determination that partial CCS is the best system of emission reduction adequately 

demonstrated for fossil fuel-fired electric utility steam generating units.

On June 18, 2014, the EPA proposed standards of performance to limit emissions of CO2 from 

modified and reconstructed fossil fuel-fired electric utility steam generating units and natural 

gas-fired stationary combustion turbines (79 FR 34959; June 2014 proposal). Specifically, the 

EPA proposed standards of performance for: (1) modified fossil fuel-fired electric utility steam 

generating units, (2) modified natural gas-fired stationary combustion turbines, (3) reconstructed

fossil fuel-fired electric utility steam generating units, and (4) reconstructed natural gas-fired 

stationary combustion turbines.

1.3 STAKEHOLDER ENGAGEMENT

The EPA engaged extensively with a broad range of stakeholders and the general public 

regarding climate change, carbon pollution from power plants, and carbon pollution reduction 

opportunities. These stakeholders included industry and electric utility representatives, state and 

local officials, tribal officials, labor unions, non-governmental organizations and many others.

In February and March 2011, early in the process of developing carbon pollution standards for 

new power plants, the EPA held five listening sessions to obtain information and input from key

stakeholders and the public. Each of the five sessions had a particular target audience: the 

electric power industry, environmental and environmental justice organizations, states and tribes, 

coalition groups, and the petroleum refinery industry.

The EPA conducted subsequent outreach prior to the June 2014 proposals of standards for 

modified and reconstructed EGUs and emission guidelines for existing EGUs, as well as during 

the public comment periods for the proposals. Although this stakeholder outreach was primarily 

framed around the GHG emission guidelines for existing EGUs, the outreach encompassed 

issues relevant to this rulemaking and provided an opportunity for the EPA to better understand 
1-5

previous state and stakeholder experience with reducing CO2 emissions in the power sector. In 

addition to 11 public listening sessions, the EPA held hundreds of meetings with individual 

stakeholder groups, and meetings that brought together a variety of stakeholders to discuss a 

wide range of issues related to the electricity sector and regulation of GHGs under the CAA. The 

agency met with electric utility associations and electricity grid operators. Agency officials 

engaged with labor unions and with leaders representing large and small industries, many of 

which have been utilities and industry representatives directly related to the electricity sector. 

The agency also met with energy industries such as coal and natural gas interests, as well as with 

representatives of energy intensive industries, such as the iron and steel and aluminum industries, 

to help understand the potential concerns of large industrial purchasers of electricity. In addition, 

the agency met with companies that offer new technology to prevent or reduce carbon pollution. 

The agency provided and encouraged multiple opportunities for engagement with state, local, 

tribal, and regional environmental and energy agencies. The EPA also met with representatives 

of environmental justice organizations, environmental groups, and religious organizations.

1.4 PUBLIC COMMENTS

The EPA received more than 2.5 million comments submitted in response to the original April 

2012 proposal for newly constructed fossil fuel-fired EGUs. Because the original proposal was 

withdrawn, the EPA instructed commenters that wanted their comments on the April 2012 

proposal to be considered in connection with the January 2014 proposal to submit new comments 

to the EPA or to re-submit their previous comments. We received more comments in response to 

the January 2014 proposal.

The EPA has given stakeholder input provided prior to the proposals, as well as during the public 

comment periods for each proposal, careful consideration during the development of the final 

rule and, as a result, it includes elements that are responsive to many stakeholder concerns and 

that enhance the rule. This preamble and the Response-to-Comments (RTC) document 

summarize and provide the agency’s responses to the comments received. 

Upon publication of the January 8, 2014 proposal for newly constructed fossil fuel-fired EGUs, 

the EPA offered a 60-day public comment period. On March 6, 2014, in order to provide the 

public additional time to submit comments and supporting information, the EPA extended the 

comment period by 60 days, to May 9, 2014, giving stakeholders over 120 days to review, and 

comment upon, the January 2014 proposal, as well as the NODA. A public hearing was held on 

February 6, 2014, with 159 speakers presenting testimony. 

The EPA received more than 2 million comments on the proposed standards for newly 

constructed fossil fuel-fired EGUs from a range of stakeholders that included industry and 

electric utility representatives, trade groups, equipment manufacturers, state and local 

government officials, academia, environmental organizations, and various interest groups. The 

agency received comments on a range of topics, including the determination that a new highly 

efficient steam generating EGU implementing partial CCS was the BSER for such sources, the 

level of the CO2 standard based on implementation of partial CCS, the criteria that defines which

newly constructed natural gas-fired stationary combustion turbines will be subject to standards, 

the establishment of subcategories based on combustion turbine size, and the rule’s potential 
1-6

effects on the Prevention of Significant Deterioration (PSD) preconstruction permit program and 

title V operating permit program. Table 1 presents the list of public commenters.

Table 1. List of Commenters Cited in this Summary Document Submitting Comments to 

EPA Air and Radiation Docket Number EPA-HQ-OAR-2013-0495 Regarding Standards of 

Performance for GHG Emissions from New EGUs (Proposed January 8, 2014, 79 FR 1430)

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

0192 Media Production Center, Wildlife Conservation Society

0296 Hunton & Williams

0401 Sorgo Fuels

0583 Private Citizen

0585 Chamber of Commerce

0586 The Board of the Douglas County Global Warming 

Coalition

0587 Twin Valleys Public Power District

0588 Competitive Enterprise Institute (CEI)

0636 ClearStack Power, LLC

0775 Pax World Management LLC

0782 North Carolina Conservation Network

0783 Trillium Asset Management, LLC

0784 Kansas House of Representatives

0785 Private Citizen

0825 Private Citizen

0827 Private Citizen

0829 The Young Democrats of America (YDA)

0830 The Association of Union Constructors (TAUC)

0833 Private Citizen

0834 Novetas Solutions, LLC

0836 Advocacy Department, Mass Audubon

0837 Private Citizen

0838 ICLEI Local Governments for Sustainability USA

0840 Navajo County District III
1-7

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

0915 Georgia Interfaith Power & Light

0933 Long Island Sierra Club

1386 Private Citizen

1419 Friends United for a Safe Environment (FUSE)

1508 Private Citizen

1510 Committee For A Constructive Tomorrow (CFACT)

1511 Arlington County Board

1512 American Academy of Pediatrics (AAP)

1529 Public Health Institute (PHI)

1530 New Progressive Alliance (NPA)

1612 Sustainable Community Initiatives and Community

Forklift, LLC

1624 Distinguished University Teaching Professor

1635 Private Citizen

1637 Envirometrics, Inc.

1650 Private Citizen

1652 Private Citizen

1658 Private Citizen

1678 Private Citizen

1681 Burrell Mining Products, Inc.

1695 Mission Economic Development Corporation

1747 Climate Solutions-Practical Solutions to Global Warming

1871 Medical Advocates for Healthy Air (MAHA)

1884 Private Citizen

1889 Private Citizen

1896 Kentucky Environmental Foundation

1898 The Synthesis Foundation

1899 First Energy

1900 University of Minnesota Duluth

1901 Private Citizen
1-8

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

1902 American Public Power Association (APPA)

1959 National Rural Electric Cooperative (NRECA)

1961 Private Citizen

1974 Clean Energy Action

1975 Coalition on the Environment and Jewish Life (COEJL) et 

al.

2059 League of Women Voters of the San Antonio Area (LMV)

2107 Private Citizen

2227 ClearStack Power, LLC

2228 Sierra Club

2329 Value the Verde Ecotourism

2470 Florida Public Service Commission

2471 City Water Light & Power

2472 Missouri Public Service Commission (MoPSC)

2512 League of Women Voters of the United States

2525 New Progressive Alliance

2572 Waupaca Coalition for Public Response, Inc. (WCPR)

2658 Institute for 21st Century Energy, U.S. Chamber of 

Commerce

2674 Monmouth County Audubon Society

2741 Blue Planet, LLC

2771 Private Citizen

2864 State of North Dakota Public Service Commission

2980 Climate Parents

2981 Coal Utilization Research Council (CURC)

2983 SanDiego350.org

2984 Sempra Energy

3043 Interfaith Power & Light

3093 Greater Pittsburgh Chamber of Commerce

3107 Plano Chamber of Commerce

3175 PW Power Systems (PWPS)
1-9

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

3176 Alabama Public Service Commission (APSC)

3179 Mesa County Board of County Commissioners

3180 Utah Physicians for a Healthy Environment (UPHE)

3236 American Farm Bureau Federation

3353 Azul et al.

3360 Energy Producing States Coalition (EPSC)

3593 The Energy and Environmental Law Institute (E&E Legal) 

& The Free Market Environmental Law Clinic (FMELC)

3594 Oregonians for Renewable Energy Progress (OREP)

3862 Occidental Chemical Corporation

4619 ClearStack Power LLC

4625 Private Citizen

4634 Institute for 21st Century Energy,U.S. Chamber of 

Commerce

4710 Minnkota Power Cooperative, Inc.

4711 Dresser-Rand

4814 Southern States Energy Board (SSEB)

4845 Guam Power Authority

4846 The Center for Regulatory Effectiveness

4867 Resources for the Future

4926 State of Indiana House of Representatives

4927 State of Indiana Senate

5156 Office of Attorney General, State of West Virginia

5512 Chamber of Commerce, Frisco, Texas

5532 Building Materials Reuse Association

5537 Northeast States for Coordinated Air Use Management 

(NESCAUM), Arthur N. Marin

5567 Missoula City-County Air Pollution Control Board

5599 Clean Air Markets LLC

5602 Citizens Hearing, Virginia Chapter of the Sierra Club
1-10

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

5604 Bossier Parish Police Jury

5605 Citizens Hearing, Southern Alliance for Clean Energy et 

al.

5606 Citizens Hearing, Clean Air Carolina and North Carolina 

Conservation Network

5630 Great Lakes Metro Chambers Coalition

5631 Mississippi Energy Institute

5731 Division of Environment, Kansas Department of Health 

and Environment (KDHE)

5732 Environmental Law Project (ELP), University of 

Pennsylvania Law School

5746 Private Citizen

6115 Private Citizen

6273 Private Citizen

6501 The United States Conference of Mayors

6505 Mitsubishi Hitachi Power Systems Americas, Inc. 

(MHPSA)

6538 League of Women Voters of Santa Barbara

6564 Apex Compressed Energy Storage, LLC

6870 Division of Environment, Kansas Department of Health 

and Environment (KDHE)

6871 Pennsylvania Senate Coal Caucus

6948 West Virginia Chamber of Commerce

6949 Energy Producing States Coalition (EPSC)

6962 Waupaca Coalition for Public Response

7017 L. Ramos-Hernandez

7433 Public Utilities Commission of Ohio (PUCO)

7475 Alaska Power Association (APA)

7502 Garden Club of America (GCA)

7503 Douglas County Global Warming Coalition, Oregon

7533 Wyoming Machinery Company
1-11

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

7540 The Clean Energy Group

7893 Alaska Power Association (APA)

7976 Californians for Rational Regulation

7977 Kentucky Energy and Environment Cabinet

7990 Pacific Gas and Electric Company (PG&E)

7994 Missouri River Energy Services (MRES) and Western 

Minnesota Municipal Power Agency

8009 Berthold Klein

8020 National Tribal Air Association (NTAA)

8022 Utility Air Regulatory Group (UARG)

8023 Los Angeles Department of Water and Power (LADWP), 

Mark J. Sedlacek

8024 Unions for Jobs and Environmental Progress (UJEP)

8032 Western Farmers Electric Cooperative (WFEC)

8079 Industrial Contractors Inc.

8348 Babcock & Wilcox Power Generation Group, Inc. (B&W), 

Kiplin C. Alexander

8349 Illinois Municipal Electric Agency (IMEA)

8487 Defenders of Wildlife

8501 Indiana Coal Council, Inc.

8742 Georgia Farm Bureau

8743 Excelsior Energy, Inc.

8906 Nebraska Farm Bureau Federation (NFBF)

8909 National Association of Clean Air Agencies (NACAA), 

Stu Clark and Larry Greene

8911 Californian's for Rational Regulation

8918 Great River Energy, Mary Jo Roth

8923 North American Coal Corporation

8924 Center for Rural Affairs

8925 Electric Power Research Institute, Inc. (EPRI)
1-12

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

8937 Black Hills Corporation (BHC)

8939 Fond du Lac Band of Lake Superior Chippewa

8944 Solar Turbines Incorporated, Leslie Witherspoon

8947 Algenol Biofuels Inc.

8948 Delaware Solid Waste Authority (DSWA), Angela D. 

Marconi

8949 Enefit American Oil

8952 Gas Turbine Association (GTA), William H. Day

8954 American Coal Council (ACC)

8955 Campbell County Conservation District (CCCD)

8956 National Association of County and City Health Officials

8957 Pennsylvania Department of Environmental Protection 

(DEP) , E. Christopher Abruzzo

8958 Florida Electric Power Coordinating Group Environmental 

Committee (FCG-EC)

8964 City of Jackson, Ohio

8966 Pennsylvania Coal Alliance (PCA), John Pippy

8967 Prairie Band Potawatomi Nation

8968 Office of the Commissioner of Securities and Insurance, 

Montana State

8969 City of Orville, Ohio

8970 Village of Plymouth

8971 Ohio Coal Association

8972 Business Council for Sustainable Energy (BCSE) - Lisa 

Jacobson

8973 Orrville Utilities, Jeff Brediger

8974 Oklahoma Municipal Power Authority (OMPA), David 

W. Osburn

8995 Borough of Smethport

9001 Surry-Yadkin EMC

9002 Domtar Corporation

9003 South Carolina Department of Health and Environmental 

Control (DHEC)
1-13

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

9004 Connecticut Department of Energy and Environmental 

Protection (DEEP)

9033 Alstom

9034 Buckeye Power, Inc.

9035 Center for Climate and Energy Solutions (C2ES)

9042 Colorado Department of Public Health and Environment

9047 Private Citizen

9107 ARCTECH Inc.

9190 Pocahontas Land Corporation

9191 Kentucky Coal Association (KCA)

9192 We Energies

9193 Iowa Farm Bureau Federation

9194 Florida Municipal Electric Association (FMEA)

9195 Committee on Science, Space, and Technology, U.S. 

House of Representatives

9196 Electric Reliability Coordinating Council (ERCC)

9197 International Brotherhood of Boilermakers

9198 Waste Management (WM)

9201 National Mining Association (NMA)

9202 Eco-Justice Ministries

9317 Georgia Environmental Protection Division (EPD)

9318 Village of Oak Harbor

9319 National Mining Association (NMA)

9320 Seminole Electric Cooperative, Inc.

9321 ARIPPA

9326 Institute of Clean Air Companies (ICAC)

9381 NextEra Energy, Inc.

9382 Hoosier Energy Rural Electric Cooperative

9396 Alliance for Fuel Options, Reliability and Diversity

(AFFORD)

9397 Mississippi Department of Environmental Quality
1-14

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

(MDEQ)

9398 Private Citizen

9401 Industrial Energy Consumers of America (IECA)

9403 Power4Georgians, LLC (P4G)

9406 Exelon Corporation

9407 Southern Illinois Power Cooperative (SIPC)

9408 JEA

9409 National Alliance of Forest Owners (NAFO)

9422 Omaha Public Power District (OPPD)

9423

Texas Commission on Environmental Quality (TCEQ), 

Public Utility Commission of Texas (PUC), and Railroad 

Commission of Texas (RRC)

9424 Colorado Springs Utilities

9425 Dominion Resources Services, Inc.

9426 Duke Energy Business Services, LLC

9427 Municipal Electric Authority of Georgia (MEAG)

9428 Western Farmers Electric Cooperative

9469 Powder River Basin Resource Council

9471 PPl Services Corporation

9472 American Coalition for Clean Coal Electricity (ACCCE)

9486 Indiana Department of Environmental Management

9487 Southeastern Legal Foundation, Inc.

9494 National Federation of Independent Business (NFIB)

9496 Western Organization of Resource Councils (WORC)

9497 Mississippi Public Service Commission (MPSC)

9498 Murray Energy Corporation (Murray Energy)

9499 Golden Spread Electric Cooperative, Inc

9500 American Wind Energy Association (AWEA)

9503 International District Energy Association (IDEA)
1-15

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

9504 National Environmental Development Association/Clean 

Air Project (NEDA/CAP)

9505 State of West Virginia Office of Attorney General, State 

Nebraska Office of Attorney General, et al.1

9507 City Utilities of Springfield, Missouri (CU)

9508 City of New York

9509 Energy Recovery Council (ERC)

9510 American Fuel & Petrochemical (AFPM) and American 

Petroleum Institute (API)

9512 The SSM Coalition

9513 Sierra Club

9514 Sierra Club

9515 Institute for Policy Integrity

9589 The League of Women Voters of Texas

9590 Utah Mining Association (UMA)

9591 Public Service Enterprise Group, Inc. (PSEG) and The 

Clean Energy Group

9592 Gainesville Regional Utilities (GRU)

9593 Xcel Energy Inc.

9594 Forging Industry Association (FIA)

9595 Tennessee Electric Cooperative Association (TECA)

9596 Santee Cooper

9597 Consumers Energy Company

9599 Tri-State Generation and Transmission Association, Inc., 

Sunflower Electric Power Corporation

9600 Minnkota Power Cooperative, INC.

 

1 This comment letter was submitted by State of West Virginia Office of Attorney General, State Nebraska Office of 

Attorney General, State Alabama Office of Attorney General, State of Alaska Office of Attorney General, State of 

Arizona Office of Attorney General, State of Georgia Office of Attorney General, State of Kansas Office of 

Attorney General, State of Kentucky Office of Attorney General, State of Louisiana Office of Attorney General, 

State of Michigan Office of Attorney General, State of North Dakota Office of Attorney General, State of Ohio 

Office of Attorney General.
1-16

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

9601 North Dakota Association of Rural Electric Cooperatives 

(NDAREC)

9602 Nebraska Public Power District (NPPD)

9646

Delaware Department of Natural Resources and 

Environmental Control on the Environmental Protection 

(DNREC)

9648

Division of Air Quality (DAQ), North Carolina 

Department of Environment and Natural Resources 

(NCDENR)

9649 Kansas City Board of Public Utilities, Unified 

Government of Wyandotte County, Kansas City, Kansas

9650 The Ronald Reagan Legal Center, Landmark Legal 

Foundation

9654 LPP Combustion, LLC

9655 Partnership for a Better Energy Future

9656 Natural Gas Supply Association (NGSA)

9657 American Action Forum (AAF)

9660 Eleven States' Attorney Generals

9661 Tampa Electric Company (TEC)

9664 Clean Air Task Force (CATF)

9665 General Electric Company (GE)

9666 Utility Air Regulatory Group (UARG), Hunton & 

Williams LLP

9667 GE Energy Financial Services on behalf of EFS Shady

Hills, LLC

9668 GE Energy Financial Services on behalf of Cogen 

Technologies Linden Venture, L.P.

9671 City of Piqua, Ohio

9672 City of Piqua, Ohio

9675 BioProcess Algae (BPA)

9676 Biomass Power Association

9677 Cleco Corporation

9678 America’s Natural Gas Alliance (ANGA)

9681 Environmental Defense Fund, et al.
1-17

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

9682 United States Senate, Oklahoma

9683 CCS Alliance

9684 Competitive Enterprise Institute (CEI)

9685 A. G. Randol III

9686 A. G. Randol III

9687 A. G. Randol III

9723 Montana-Dakota Utilities, Co.

9725 Ambre Energy

9730 California Air Pollution Control Officers Association 

(CAPCOA)

9731 Independent Petroleum Association of America (IPAA)

9733 American Forest & Paper Association (AF&PA) and 

American Wood Council (AWC)

9734 East Kentucky Power Cooperative (EKPC)

9735 United States Senate, North Dakota

9736 City of Hubbard

9737 A.G. Randol 

9765 Wyoming Department of Environmental Quality (WDEQ)

9766 Algae Biotechnology Organization (ABO)

9767 Cass County Electric Cooperative Inc.

9768 Accelergy Corporation

9769 NorthWestern Energy

9770 Minnesota Municipal Utilities Association (MMUA)

9771 California Air Resources Board (ARB)

9772 Treasure State Resource Industry Association (TSRIA)

9773 Wisconsin Department of Natural Resources (WDNR)

9774 Wisconsin Department of Natural Resources (WDNR)

9775 Salt Lake City, Utah

9776 National Mining Association (NMA)

9777 Luminant
1-18

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

9779 Puget Sound Energy (PSE)

9780 Edison Electric Institute (EEI), Quinlan J. Shea

10017 Ohio EPA

10020 Heat Mining Company LLC

10021 Heat Mining Company LLC

10022 Golden Valley Electric Association (GVEA)

10023 Kansas City Power & Light Company (KCP&L)

10024 Missouri Joint Municipal Electric Utility Commission 

(MJMEUC)

10025 Our Children's Trust

10026 Bioenergy Association of California (BAC)

10027 Coalition For Renewable Natural Gas (RNGC)

10028 State of South Dakota

10029 Sapphire Energy

10030 Wolverine Power Supply Cooperative Inc.

10031 Oglethorpe Power

10032 Idaho Farm Bureau Federation

10033 American Water Works Association

10034 The George Washington University Regulatory Studies 

Center

10035 Biotechnology Industry Organization (BIO)

10036 Coal Utilization Research Council (CURC)

10038 CHP Association

10039 Ameren Corporation

10040 Center for Biological Diversity (CBD) et. al

10041 Center for Biological Diversity (CBD) et. al

10042 Center for Biological Diversity (CBD) et. al

10043 Indiana Municipal Power Agency (IMPA)

10044 Energy and Environment Legal Institute (EELI) and Free 

Market Environmental Law Clinic (FMELC)

10045 Biogenic CO2 Coalition
1-19

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

10046 Murray Energy Corporation

10047 Regional Air Pollution Control Agency

10048 Salt River Project Agricultural Improvement and Power 

District (SRP)

10049 Private Citizen

10050 Arizona Mining Association (AMA)

10051 Rubber Manufacturers Association (RMA)

10052 Berkshire Hathaway Energy Company

10053 America's Electric Cooperatives

10082 Georgia Public Service Commission

10083 WEST Associates

10084 Competitive Enterprise Institute

10085 American Chemistry Council (ACC)

10086 Old Dominion Electric Cooperative (ODEC)

10087 Institute for Energy Research

10088 Lignite Energy Council

10089 Office of the People's Counsel for the District of Columbia

10090 National Wildlife Federation (NWF)

10091 Cato Institute

10092 Ohio Utility Group

10093 Yale Environmental Law Association, 2013-2014 Student 

Board

10094 Illinois Farm Bureau

10095 Southern Company

10096 House of Representatives, Congress of the United States

10097 Associated Electric Cooperative, Incorporated (AECI)

10098 AFPM & API

10099 United States Senate, Committee on Environment and 

Public Works United States Senate

10100 Class of ’85 Regulatory Response Group

10102 Arizona Public Service Company
1-20

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

10103 Navajo Nation Environmental Protection Agency

10104 Consumer Energy Alliance

10105 Nevada Division of Environmental Protection (NDEP)

10106 Clean Wisconsin

10108

Environmental Defense Fund (EDF), Natural Resources 

Defense Council (NRDC), Western Resource Advocates 

(WRA)

10119

Center for Biological Diversity, Friends of the Earth, 

Chesapeake Climate Action Network and Greenpeace 

USA

10131 National Waste & Recycling Association and Solid Waste 

Association of North America (SWANA)

10134 Indiana-Kentucky Electric Corporation (IKEC), Ohio 

Valley Electric Corporation (OVEC)

10135 Pennsylvania Public Utility Commission (PAPUC)

10136 Partnership for Policy Integrity (PFPI)

10137 Carbon Sequestration Council (CSC)

10141 Unknown

10237 Concentrating Solar Power Alliance

10238 Wabash Valley Power Association (WVPA)

10239 National Association of Manufacturers (NAM), et al.

10240 Arizona Departmetn of Environmental Quality (ADEQ)

10241 A.G. Randol 

10242 SCANA Corporation

10243 DTE Energy

10294 Falkirk Mining Company

10296 Private Citizen

10301 U.S. House of Representatives

10304 Private Citizen

10358 Northwest Iowa Power Cooperative

10374 The Green Party of the United States
1-21

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

10387 South Mississippi Electric (SME)

10388 Associated Industries of Missouri

10389 Siemens Energy, Inc.

10390 El Paso Electric Company

10391 Southeastern Legal Foundation, Inc. (SLF)

10392 City of St. Mary’s Ohio

10393 Manitowoc Public Utilities (MPU)

10394 South Coast Air Quality Management District (SCAQMD)

10395 Basin Electric Power Cooperative

10396 Office of the Governor, Wyoming

10397 Energy Recovery Council (ERC)

10398 Montana Public Service Commission

10466 TransAlta Centralia Generation, LLC (TCG)

10466 TransAlta Centralia Generation, LLC (TCG)

10499

Center for Biological Diversity, Friends of the Earth, 

Chesapeake Climate Action Network and Greenpeace 

USA

10500 Arkansas Electric Cooperative Corporation (AECC)

10501 San Miguel Electric Cooperative, Inc.

10502 The Right Climate Stuff (TRCS) Research Team

10503 National Association of Manufacturers (NAM), et al.

10504 Aurora Energy, LLC

10518 Cape Hatteras Electric Cooperative

10520 Otter Tail Power Company

10525 Tribal Environmental Policy Center (TEPC)

10527 Private Citizen

10551 Arizona’s Generation and Transmission Cooperatives 

(AzGT)

10552 Arch Coal, Inc

10553 New York State Caucus of Environmental Legislators 

(NYSCEL),

10554 FirstEnergy
1-22

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

10555 Wisconsin Manufacturers & Commerce (WMC)

10556 Gulf Coast Lignite Coalition (GCLC), Jackson Walker 

L.L.P.

10557 Woods Hole Oceanographic Institution

10594 Private Citizen

10606 Golder Associates Inc.

10607 West Virginia Coal Association (WVCA)

10608 Montana Electric Cooperatives' Association (MECA)

10615 Gulf Coast Lignite Coalition (GCLC), Jackson Walker 

L.L.P.

10617 Audubon New York

10618 American Electric Power (AEP)

10619 Oklahoma Department of Environmental Quality

10620 Forest County Potawatomi Community

10621 Portland General Electric Company (PGE)

10660 The Air Permitting Forum

10661 Competitive Enterprise Institute

10662 West Virginia Department of Environmental Protection

10663 Oglethorpe Power Corporation

10664 Arizona State University

10665 Utah Associated Municipal Power Systems (UAMPS)

10667 Texas Mining and Reclamation Association (TMRA)

10668 Texas Mining and Reclamation Association (TMTA)

10670 Marathon Petroleum Company LP

10676 Guam Power Authority

10680 Alliance Coal, LLC

10681 Department of Ecology, State of Washington

10682 Alliance for Industrial Efficiency

10693 American Lung Association

10765 G. Y. Sugiyama

10785 60 plus
1-23

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

10786 North American Carbon Capture & Storage Association 

(NACCSA)

10788 PowerSouth Energy Cooperative

10791 Tampa Electric Company (TEC)

10869 Union of Concerned Scientists

10870 North Dakota Department of Health, Division of Air 

Quality

10876 Borough of Hatfield, Pennsylvania

10877 EFS Shady Hills LLC

10878 Florida Municipal Electric Association (FMEA)

10879 South Carolina Department of Health and Environmental 

Control

10880 Western Fuels Association Inc.

10881 California Department of Justice

10928 Illinois Coal Association (ICA)

10929 Minnesota Power (ALLETE)

10930 Utah Physicians for a Healthy Environment (UPHE)

10930 Utah Physicians for a Healthy Environment (UPHE)

10950 Cogen Technologies Linden Venture, L.P.

10951 Peabody Energy Company

10952 The National Rural Electric Cooperative Association

10953 Southern Environmental Law Center et al.

10961 Private Citizen

10962 Deseret Power Electric Cooperative

10963 Rosebud Mining Company

10965 Association of Electric Companies of Texas ("AECT")

10966 Law Office

10967 Mississippi Manufacturers Association (MMA)

10974 Colorado Mining Association (CMA)

10975 Natural Resource Partners LP

10991 Bay Area Air Quality Management District (BAAQMD)
1-24

EPA-HQ-OAR-2013-0495

Document No. Name and Affiliation

11005 Clean Air Task Force (CATF)

11036 Private Citizen

11051 Private Citizen

11052 Private Citizen

11053 Private Citizen

11054 Private Citizen

11056 Michigan House of Representatives

11057 Brattleboro Town Clerk

11058 City of Long Beach

11062 Hallador Energy Co.

11063 Regency Energy Partners dba PVR Partners L.P.

11083 Covanta

11105 Private Citizen

11134 S. Fakhari

11184 Public Hearing Rm A 2-6-2014

11221 Public Hearing Rm B 2-6-2014
1-25

1.5 ORGANIZATION OF THIS DOCUMENT

This RTC document is organized into Chapters as follows:

Chapter 1: Introduction

Chapter 2: Legal Issues

Chapter 3: Costs and Benefits

Chapter 4: Climate Science, Rational Basis Analysis and Endangerment

Chapter 5: Applicability to New EGUs, IGCC, and CTs

Chapter 6: Standards for Utility Boilers and IGCC Units

Chapter 7: Standards for Stationary Combustion Turbines

Chapter 8: Other Configurations and Fuels

Chapter 9: Other Rules and Programs

Chapter 10: Issues for which EPA Requested Comments

Chapter 11: Monitoring and Compliance

Chapter 12: Recordkeeping and Reporting

Chapter 13: Startup, Shutdown and Malfunction

Chapter 14: Statutory and Executive Orders

Chapter 15: General Provisions

Chapter 16: Rule Language

Chapter 17: Incorporation by Reference

Chapter 18: General