Francis J. Menton, Jr.
Attorney at Law
787 Seventh Avenue New York, New York 10019
The Honorable Regina McCarthy, Administrator
Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460
Re: Docket ID No. EPA-HQ-OAR-2013-0495-2338,
Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units
Dear Administrator McCarthy:
This letter and its attachment are comments submitted for the proposed rulemaking regarding Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units. In its “Summary,” EPA states: “This action will amend the new source performance standards (NSPS) for electric generating units (EGUs) and will establish the first NSPS for greenhouse gas (GHG) emissions. The rule will establish C02 emission standards for certain new and reconstructed fossil fuel-fired electric generating units.”
Please consider these “comments” in the development and selection of the final rule.
As you undoubtedly know, OMS is currently in the process of reviewing comments on the document known as “Technical Support Document: - Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis - Under Executive Order 12866” ("TSO"). The TSD is designed and intended to become the basis for ongoing restriction on the use of carbon-based energy in the United States, whether through regulatory or legislative action.
I submitted one of the many letters of comment to OMS as part of its review process: A copy of my letter is attached. My letter points to several obvious aspects ofthe TSD that make it so clearly flawed as to call into question the fundamental honesty and ethics of this entire regulatory effort.
The TSD purports to rely on IPCC work as a basis for a supposed “sensitivity” of climate to increasing atmospheric C02, but fails to mention that the most recent IPCC report completely undermines any basis for determining climate sensitivity with the following statement: “No best estimate for equilibrium climate sensitivity can now be given because of a lack of agreement on values across assessed lines of evidence and studies.” This means that the IPCC admits that it does not have a credible mean, mode or median value of the equilibrium climate sensitivity parameter. In the mathematics of Decision Theory, this situation is called Complete Ignorance Uncertainty.
The TSD fails to note that EPA’s so-called “Endangerment Finding” of 2009 with regard to atmospheric C02 has. been invalidated by the failure of real world data to support each of the three “lines of evidence” on which EPA purported to rely in reaching its Finding.
The TSD calculates the supposed “social cost of carbon” by focusing almost entirely on supposed worldwide negative consequences of increasing C02; while completely ignoring and not even attempting to evaluate - the obvious major positives of carbon energy usage and increasing C02, such as making inexpensive energy accessible to the poor and increasing agricultural productivity.
In its current state, the TSD can only be described as fundamentally dishonest and unethical. I strongly urge you to rethink how such a completely dishonest and unethical effort, with potential enormous costs and consequences for the American people and the economy, has come to advance so far in the government’s processes. Clearly proposing a NSPS for greenhouse gas emissions makes absolutely no sense whatsoever in that such standard would then be based on both a grossly flawed Endangerment Finding and fatally flawed Social Cost of Carbon.
Please consider this letter in the development and selection of the final rule. Thank you for your consideration.
cc: Christian Fellner, Energy Strategies Group, Sector Policies and Programs Division,
Nick Hutson, Energy Strategies Group, Sector Policies and Programs Division, EPA