Multi-Association Comments to EPA on State Guidelines for GHG Emissions from Existing Power Plants

February 27, 2018

Dear Administrator Pruitt:

The U.S. Chamber of Commerce, the American Chemistry Council, the American Coke and Coal Chemicals Institute, the American Forest & Paper Association, the American Iron and Steel Institute, the American Wood Council, and the Council of Industrial Boiler Owners (collectively, “the Associations”) appreciate the opportunity to comment on the U.S. Environmental Protection Agency’s (“EPA’s”) State Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units, Advance Notice of Proposed Rulemaking, Docket ID No. EPA–HQ–OAR–2017–0545; FRL–9972–50–OAR, 82 Fed. Reg. 61507 (Dec. 28, 2017) (“ANPRM”).

The Associations represent the United States’ leading energy and manufacturing sectors that form the backbone of the nation’s industrial ability to grow our economy and provide jobs. The Associations support the EPA’s proposal to repeal and consider replacing its final rule regulating greenhouse gas emissions (“GHGs”) from existing electric utility generating units (“EGUs”) known as the Clean Power Plan (“CPP”). The CPP transgressed EPA’s statutory authority under the Clean Air Act, as the Agency attempted to aggressively transform the way electricity is produced and dispatched across the United States. The CPP was not only unlawful, but it would have caused significant economic disruption across the American economy.

The Associations also maintain that there is a better way to address carbon dioxide emissions under the Clean Air Act, through thoughtful policies that respect the clear limits in existing statutory authority. Thus, the Associations would support a reasonable Rule4 that replaces the Clean Power Plan with emission guidelines limiting CO2 emissions from existing EGUs, as long as those guidelines fall squarely within EPA’s authority under Section 111(d) of the Clean Air Act.