1. ANPR Tutorial U.S. Chamber of Commerce October 30, 2008 1 EPA Regulation of CO 2 William L. Kovacs, Vice President Environment, Technology & Regulatory Affairs U.S. Chamber of Commerce Washington, DC

2. ANPR Tutorial U.S. Chamber of Commerce October 30, 2008 2 *Environmental groups file over 400 cases annually against the federal government over regulatory matters. Key victories include particulate matter, ozone, CO 2, lead, and mercury. **Filed 6 CO 2 administrative cases with Environmental Appeals Board, 5 dismissed. The case moving forward deals directly with authority of EPA to regulate CO 2 from stationary sources. How Climate Change is Addressed in U.S. Domestic Climate Change Management Climate Change Legislation Regulation under the Clean Air Act MA vs. EPA Continuing Litigation* Lieberman- Warner Dingell-Boucher Energy Legislation Non-NAAQS Trigger of PSD NAAQS For CO 2 Administrative Litigation Ocean Acidification Water Act Deseret** Power Appeal Class Actions Polar Bears Endangered Species Act Domestic Climate Change Management Climate Change Legislation Regulation under the Clean Air Act Continuing Litigation* Lieberman- Warner Dingell-Boucher Energy Legislation Non-NAAQS Trigger of PSD NAAQS For CO 2 Administrative Litigation Ocean Acidification Deseret** Power Appeal Class Actions Polar Bears Regulatory Process Regulatory Process General Regulatory Requirements

3. ANPR Tutorial U.S. Chamber of Commerce October 30, 2008 3 Breakdown of PSD Costs ActivityHoursCost Determination of Compliance Requirements170$16,592 Obtain Guidance on Data Needs120$11,712 Preparation of BACT Analysis102$9,957 Air Quality Modeling200$19,521 Determination of Impact on Air Quality Related Values100$9,762 Post-Construction Air Quality Monitoring50$4,879 Preparation and Submittal of Permit Application60$5,858 Public Hearings24$2,343 Revisions to Permit40$3,904 Other Related Costs$40,000 TOTAL866$125,120 *Data generated by the Environmental Protection Agency pursuant to an Information Collection Request for Prevention of Significant Deterioration and Nonattainment New Source Review (40 CFR Part 51 and 52). See 73 Fed. Reg. 45,436 (August 5, 2008) for more information.

4. ANPR Tutorial U.S. Chamber of Commerce October 30, 2008 4 Who would be regulated by EPA