As the public comment period for EPA’s proposed New Source Performance Standard (NSPS) regulations on new power plants come to a close, many PBEF members and other stakeholders are weighing in with concerns on the rule.

As the public comment period for EPA’s proposed New Source Performance Standard (NSPS) regulations on new power plants come to a close, many PBEF members and other stakeholders are weighing in with concerns on the rule. The EPA has received more 860,000 comments thus far.  The complete docket can be searched and accessed here.

PBEF National Members

Partnership for a Better Energy Future

American Fuel & Petroleum Manufacturers (AFPM) and American Petroleum Institute (API)

Hal Quin, National Mining Association (NMA)

Scott H. Segal, Electric Reliability Coordinating Council (ERCC)

Paul Bailey, American Coalition for Clean Coal Electricity (ACCCE)

Darian Ghorbi, American Coalition for Clean Coal Electricity

Dale Moore, American Farm Bureau Federation:

“The costs utilities will incur in order to comply with the new standards will be passed on to their customers – in many cases, farmers and ranchers. Farmers and ranchers are price takers and not price makers, so they lack the ability of many other sectors of recouping their costs by passing them on to customers. Higher energy costs for farmers and ranchers mean higher farm input costs.”

Betsy Monseu, American Coal Council (ACC)

John Novak, National Rural Electric Cooperative Association

Dan Byers, U.S. Chamber of Commerce Institute for 21st Century Energy

Greg Bertelsen, National Association of Manufacturers (NAM)

Jason Bohrer, President, Lignite Energy Council


CCS Technology Interests

Betsy Natz, Institute of Clean Air Companies (ICAC)

Robert Hilton, Alstom

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

“[The proposed rule] will inevitably discourage industry from further investment in R&D of Carbon Capture, Utilization and Storage (CCUS) technologies, and in the end will eliminate coal as a future energy option for the U.S.”



Cecile Conroy, International Brotherhood of Boilermakers

James Hunter and John Risch, Unions for Jobs and Environmental Progress (UJEP):

“The President has advocated an “all of the above” energy policy, but the proposed rule strait-jackets the nation’s electric generation options regardless of future changes in energy markets.”

The Association of Union Constructors



Congressman Lamar Smith, U.S. House of Representatives

Anda Ray, Electric Power Research Institute, Inc. (EPRI)

Paul Cicio, Industrial Energy Consumers of America (IECA)

Henry V. Nickel, Hunton & Williams LLP on behalf of the Utility Air Regulatory Group (UARG)

Dan Danner, National Federation of Independent Business (NFIB)

Fred Eames, CCS Alliance

Cari Boyce, Duke Energy Business Services

Pamela F. Faggert, Dominion Resources Services, Inc.

Michael O. McKown, Murray Energy Corporation

Arundhati Khanwalkar, PPL Services Corporation

Fred Carl, Black Hills Corporation (BHC)

Rikki L. Henko, Enefit American Oil

Joseph Friedlander, North American Coal Corporation

Jeff Brediger, Director, Orrville Utilities

Gerald Butcher, Western Farmers Electric Cooperative (WFEC)

Ben Yamagata, Coal Utilization Research Council

Ed Wolking, Great Lakes Metro Chambers Coalition

Mary Hekman, Golden Spread Electric Cooperative, Inc

American Public Power Association

Kipp Coddington, North American Carbon Capture & Storage Association (NACCSA):

“[T]he NSPS is premised on a regulatory sequestration program – without regard to the

supplements to it that are separately proposed in the NSPS and which we discuss below — that

has never been used commercially. This situation creates uncertainty. And anything that creates

legal, regulatory, policy and commercial uncertainties for CO2-EOR runs counter to EPA’s stated

desire to “encourage rather than discourage EOR using captured CO2 since the practice makes

CCS itself more economic and thus promotes use of the technology.”

U.S. Senator David Vitter

H. Morgan Griffith, Member of Congress

Cason Carter and Dan Barron, Alliance Coal, LLC

Charles Bennett, Marathon Petroleum

Claire Olson, Basin Electric Power Cooperative

Kerry Kelly, Waste Management (WM)

Raymond Evans, FirstEnergy

John McManus, American Electric Power (AEP)

Larry Monroe, Southern Company

Deck Slone, Arch Coal, Inc

Allison Wood, Utility Air Regulatory Group (UARG)

Peter Glaser, Peabody Energy Corp.

Robert F. Van Voorhees, Executive Director, Carbon Sequestration Council (CSC):

“In finding that partial CCS is the BSER EPA fails to consider a number of barriers to CCS deployment that remain and render this determination invalid. In particular, there are very serious regulatory impediments to the successful deployment of CCS technology for commercial facilities, and even to the successful initiation and completion of demonstration projects designed to advance the necessary research and development phase before commercial deployment can be possible….EPA’s NSPS would impose unworkable requirements on EOR operators who accept anthropogenic CO2 from fossil fueled EGUs seeking to comply with the proposed emission reductions.”



Attorneys General of West Virginia, Nebraska, Alabama, Alaska, Arizona, Georgia, Kansas, Kentucky, Louisiana, Michigan, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, and Utah:

The current proposal upsets this careful balance by preventing the States from utilizing vital resources to supply the future energy needs of their citizens. As the chief legal officers of our States, we believe this unlawful and misguided rulemaking will result in great harm to our citizens…The agency’s BSER determination will not survive judicial review, as it is contrary to the statutory text and a wealth of evidence, and is not supported by reasoned decisionmaking. Significantly, section 111 of the Clean Air Act (“CAA”) does not permit EPA to force an experimental technology through an NSPS. But this is precisely what the proposal attempts to do.


Robert Bentley, Governor of Alabama and Chairman, Southern States Energy Board

John Garner, Alabama Public Service Commission


Marilyn Leland, Executive Director, Alaska Power Association (APA):

The proposed GHG NSPS will further increase the high costs of electricity already borne by Alaskans, especially those in remote roadless villages and in the Fairbanks-Interior region of the state….The GHG NSPS disregards the needs of communities without access to natural gas. In those communities, businesses will not be able to afford to operate, families will continue to be displaced, and communities’ financial security will continue to deteriorate.


Duane Highley, Arkansas Electric Cooperative Corporation (AECC)


Michelle Freeark, Arizona’s Generation and Transmission Cooperatives (AzGT)


John Justman, Rose Pugliese, and Steve Acquafresca, Mesa County, CO Board of Commissioners

Vicki Card, Colorado Springs Utilities

Michael Burke, Grand Junction, CO Chamber of Commerce


Art Graham, Florida Public Service Commission

Robert Klemans, Florida Electric Power Coordinating Group Environmental Committee (FCG-EC)

Mike Roddy, Seminole Electric Cooperative, Inc.

Kathy Viehe, Gainesville Regional Utilities (GRU)


Keith Bentley, Georgia Environmental Protection Division (EPD)

Municipal Electric Authority of Georgia (MEAG)

Comment submitted by Zippy Duvall, President, Georgia Farm Bureau


Leonard F. Hopkins, Southern Illinois Power Cooperative (SIPC)

Phillip Mueller, Illinois Municipal Electric Agency (IMEA

Phillip M. Gonet, President, Illinois Coal Association (ICA)


Thomas Easterly, Indiana Department of Environmental Management

Bruce Stevens, Indiana Coal Council:

“EPA could not be more mistaken about the value of the signal it is sending to the marketplace with regard to future coal-fired generation and CCS. Instead of providing a path forward for future coal-fired electrical generation, EPA’s proposed GHG NSPS simply eliminates coal as a prospective fuel choice for new generation facilities.”


Kevin Kuhle, Iowa Farm Bureau Federation

Kent Pauling, Northwest Iowa Power Cooperative


Leonard K. Peters, Secretary, Kentucky Energy and Environment Cabinet:

“This proposed rule will exacerbate the forecasted 25 percent increase in the real price of electricity in Kentucky between 2011 and 2025.  This will result in the loss of, or failure to create, approximately 30,000 full time jobs, with Kentucky’s manufacturing section being the most response to these changing prices.”

Bill Bissett, President, Kentucky Coal Association (KCA)


Douglas Aeilts, Northeast Missouri Electric Power Cooperative

David M. Fraley, City Utilities of Springfield, Missouri

Ray McCarty, Associated Industries of Missouri


Lisa G. Dowden and David E. Pomper, on behalf of Shawn S. Shurden, General Counsel, Mississippi Public Service Commission (MPSC)

Trudy Fisher, Mississippi Department of Environmental Quality (MDEQ)

Patrick Sullivan, Mississippi Energy Institute


W. A. Gallagher, Montana Public Service Commission (MPSC)


Patrick Pope, Nebraska Public Power District on behalf of Alliance for Fuel Options, Reliability and Diversity (AFFORD)

Russ Baker, Omaha Public Power District (OPPD)

Stephen Nelson, Nebraska Farm Bureau Federation (NFBF)


Randy Christmann, North Dakota Public Service Commission

Terry O’Clair, North Dakota Department of Health


Jasmine Mehta, Nevada Division of Environmental Protection (NDEP)


Katie Johnson, Public Utilities Commission of Ohio (PUCO):

“The PUCO is concerned that the proposed rule relies too heavily on theoretical carbon capture technology without offering generators an adequate cost-effective alternative…[A] regional over-reliance on natural gas has the potential to stress the region’s already constrained electricity markets and natural gas infrastructure, resulting in decreased reliability and leaving the region increasingly susceptible to volatile price swings.  The PUCO encourages EPA to promote an “all of the above” policy framework, which would allow states the flexibility to promote increased system efficiencies without threatening grid reliability.”

Randall Genzman, Village of Oak Harbor, OH

Randy Heath, City of Jackson, Ohio

Patrick O’Loughlin, Buckeye Power, Inc.


David Osburn, Oklahoma Municipal Power Authority (OMPA)

Oklahoma Department of Environmental Quality, Air Quality Division


Christopher Abruzzo, Pennsylvania Department of Environmental Protection (DEP)

John Pippy, Pennsylvania Coal Alliance (PCA)

Dewitt Peart, Greater Pittsburgh Chamber of Commerce


Myra Reece, South Carolina Department of Health and Environmental Control


Richard A. Hyde, Texas Commission on Environmental Quality (TCEQ)

Tony Felker, Frisco, TX Chamber of Commerce

Jamee Jolly, Plano, TX Chamber of Commerce


Eric Bott, Wisconsin Manufacturers & Commerce (WMC)


Steve Roberts, West Virginia Chamber of Commerce (Attachment: WV Chamber survey of state CCS laws)

William Durham, West Virginia Department of Environmental Protection


Matthew Mead, Governor, Wyoming