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Documents Released – Redacted Seth Oster/DC/USEPA/US To Gina McCarthy 01/04/2010 10:48 AM cc "John Millett", David McIntosh, Adora Andy, Allyn Brooks-LaSure bcc Subject Re: Fw: EPA greenhouse gas regulation? Business Week story Gina -- I think we need to be consistent (b) (5) dp I've copied David McIntosh, who may also have thoughts as to the advisability of this. Seth Seth Oster Associate Administrator Office of Public Affairs Environmental Protection Agency (202) 564-1918 [email protected] Gina McCarthy I would like to talk about how best to res... 01/01/2010 11:58:30 AM From: Gina McCarthy/DC/USEPA/US To: "Seth Oster" <[email protected]>, "John Millett" <[email protected]> Date: 01/01/2010 11:58 AM Subject: Fw: EPA greenhouse gas regulation? Business Week story I would like to talk about how best to respond to this email. I think we have some strong agruments that need to be raised (b) (5) dp . Let's talk. From: "Carey, John" [[email protected]] Sent: 12/31/2009 02:20 PM EST To: Gina McCarthy Subject: EPA greenhouse gas regulation? Business Week story Dear Gina, Great to talk with you at the USCAP reception in Copenhagen. I also appreciated your comments at the Pew Center side-event about the historic nature of the endangerment finding. I’ve been telling my editors for months that the coming greenhouse gas rules are a really big deal and that we have to do a story—and they’ve finally agreed. Of course, they’ve also asked for the story for the next issue, which means delivering it on Tuesday. So I’m hoping there might be a chance, please, to chat with you more about this. In talking to companies, law firms, and enviros, it seems like there are a whole host of interesting questions. Here are some issues that people have raised (all of which I’m sure you’ve heard many times before): -- Companies like Dow are arguing that EPA doesn’t have to finalize the tailpipe rule (I don’t get this, given the Supreme Court case and the endangerment finding). Or, even if it comes out and triggers the ‘prevention of significant deterioration’ provisions for stationary sources, EPA could decide that CO2 doesn’t have to be included as a pollutant. “We’re told that legally EPA has the discretion to not do the tailpipe rule, and, even if it does, it doesn’t have to include CO2,” says Dow’s Keith Belton. (The chemical industry also wants the threshold to be raised to 50,000 tons per year). -- Lawyers question whether you’ll get away with the tailoring rule. They say that changing the PSD permit trigger from 250 tons to 25,000 tons involves invoking two doctrines (i.e. absurd results if implemented, and administrative necessity) that “are pretty tough arguments to make,” says Kyle Danish at Van Ness Feldman: “The concern is that it will unravel on them.” On the other hand, David Bookbinder at the Sierra Club says it will be very hard for opponents to get standing to challenge the tailoring rule. -- If it all does go forward, companies are painting a picture of a “bureaucratic nightmare,” saying that “all of a sudden we are talking about the need for state regulators to make hundreds and hundreds of individual decisions about what constitutes ‘best available control technology’ – and those decisions have to be approved by EPA.” Plus, what will be allowed as BACT? switching a coal plant to natural gas? boosting efficiency? Utilities say that requiring carbon capture could be easily challenged, since it doesn’t meet the definition of commercially available. So what guidelines will EPA be offering on BACT decisions? I’m also told that several key dates will be coming up as EPA sets actual numerical emissions targets for cement (June 6), nitric acid (November 15), and the Big One, coal-fired powerplants, March 15, 2011? -- EPA is treading into dangerous political waters, some say. Opponents will charge that greenhouse gas regulation will be a job-killer and get their allies in Congress (e.g. Senator Murkowski) to fight back. “EPA has to be careful,” one industry lobbyist told me: “If they want to use this as a stick to get Congress to act on climate legislation, they could easily go too far, and cause a backlash, with Congress keeping EPA from spending money on this.” For their part, enviros hope that the threat of EPA regulation will be what finally gets legislation over the hump (as in this off-the-record comment: “EPA is dipping its toe in with cement and nitric acid, and then on March 15, 2011, comes the big one, the Big Bang. I want coal to see what’s coming, because then we will negotiate with them for legislation. This is the goal: By Nov 2010, I want those stupid bastards to understand what’s going to hit them on March 2011.” On the other hand, as you said in Copenhagen, EPA regulation doesn’t have to be seen as a second choice. Maybe it is a good way to go? -- There’s a suggestion that EPA’s recent Cash Creek decision (denial of a permit for an IGCC plant on the grounds that natural gas as a fuel was not considered in the BACT analysis) is sending strong signal to industry that EPA will be thinking of fuel-switching as a BACT for CO as well as for other pollutants. 2 Plausible? Whew. A lot of this gets down in the weeds, so I’d like to step back and also ask just how important all of this will be… Might it be possible to talk about this by early next week? Many thanks for any help—and Happy New Year! best regards, john John Carey senior correspondent Bloomberg Business Week 202 654-1284 (office) 703 304-6867 (cell) [email protected] Seth Oster/DC/USEPA/US To Heidi Ellis, David McIntosh, Gina McCarthy, "Lisa 12/06/2009 06:21 PM Heinzerling" cc "Allyn Brooks-LaSure", "Diane Thompson", "Aaron Dickerson" bcc Subject Re: LPJ Calls in the AM on Announcement Heidi --(b) (5) dp . Heidi Ellis ----- Original Message ----- From: Heidi Ellis Sent: 12/06/2009 05:43 PM EST To: Seth Oster; David McIntosh; Gina McCarthy; "Lisa Heinzerling" <[email protected]> Cc: "Allyn Brooks-LaSure" <[email protected]>; "Diane Thompson" <[email protected]>; "Aaron Dickerson" <[email protected]> Subject: Re: LPJ Calls in the AM on Announcement Aaron and I will work on carving out time for calls. Seth Oster ----- Original Message ----- From: Seth Oster Sent: 12/06/2009 10:59 AM EST To: Heidi Ellis; David McIntosh; Gina McCarthy; "Lisa Heinzerling" <[email protected]> Cc: "Allyn Brooks-LaSure" <[email protected]>; "Diane Thompson" <[email protected]>; "Aaron Dickerson" <[email protected]> Subject: LPJ Calls in the AM on Announcement Hi everyone. In discussing with LPJ the issue I raised in my separate email about doing key outreach tomorrow morning before the announcement, she has indicated she would like to personally call the heads of Sierra and NRDC, as well as Jessy Tolkan, and maybe Env America.. Heidi -- I know she has a full morning, but is there any way these calls can be arranged sometime before noon and will you take the lead in arranging them? They are likely to be short and she can certainly do them while en route someplace. Seth Seth Oster/DC/USEPA/US To "Heidi Ellis", David McIntosh, Gina McCarthy, "Lisa 12/06/2009 10:59 AM Heinzerling" cc "Allyn Brooks-LaSure", "Diane Thompson", "Aaron Dickerson" bcc Subject LPJ Calls in the AM on Announcement Hi everyone. In discussing with LPJ the issue I raised in my separate email about doing key outreach tomorrow morning before the announcement, she has indicated she would like to personally call the heads of Sierra and NRDC, as well as Jessy Tolkan, and maybe Env America.. Heidi -- I know she has a full morning, but is there any way these calls can be arranged sometime before noon and will you take the lead in arranging them? They are likely to be short and she can certainly do them while en route someplace. Seth Betsaida To Darrin Larson Alcantara/DC/USEPA/US cc John Millett 03/02/2012 03:04 PM bcc Subject Re: Fw: WSJ -- LNG Export facility in Sabine Pass? How long will review take Darrin Larson ----- Original Message ----- From: Darrin Larson Sent: 03/02/2012 01:51 PM CST To: Betsaida Alcantara Cc: John Millett Subject: Re: Fw: WSJ -- LNG Export facility in Sabine Pass? The permit was issued by LDEQ (final). We will be reviewing it based on the petition. Darrin Larson Acting Director, Office of External and Government Affairs U.S. EPA Region 6 Office: 214-665-7115 Mobile: 972-467-5509 Betsaida Alcantara ok so what's the status of the air per... 03/02/2012 01:08:49 PM From: Betsaida Alcantara/DC/USEPA/US To: Darrin Larson/R6/USEPA/US@EPA Cc: John Millett/DC/USEPA/US@EPA Date: 03/02/2012 01:08 PM Subject: Re: Fw: WSJ -- LNG Export facility in Sabine Pass? ok so what's the status of the air permit ? Are we reviewing it based on the Sierra Club petition? Darrin Larson Betsaida, The air info. is below - we sho... 03/02/2012 12:40:26 PM From: Darrin Larson/R6/USEPA/US To: Betsaida Alcantara/DC/USEPA/US@EPA Cc: John Millett/DC/USEPA/US@EPA Date: 03/02/2012 12:40 PM Subject: Fw: WSJ -- LNG Export facility in Sabine Pass? Betsaida, The air info.
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