Joint Appendix — West Virginia, et al., Petitioners v. Environmental Protection Agency, et al.

Supreme Court briefDec 13, 2021

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Nos. 20-1530, 20-1531, 20-1778, 20-1780

IN THE

Supreme Court of the United States

WEST VIRGINIA, ET AL.,

v.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.,

THE NORTH AMERICAN COAL CORPORATION,

v.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.,

WESTMORELAND MINING HOLDINGS LLC,

v.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.,

NORTH DAKOTA,

v.

ENVIRONMENTAL PROTECTION AGENCY, ET AL.,

On Writ Of Certiorari

To The United States Court Of Appeals

For The District Of Columbia Circuit

JOINT APPENDIX (VOLUME III OF IV)

(Pages 867–1444)

LINDSAY S. SEE

ELIZABETH B. PRELOGAR

Solicitor General

Solicitor General

Counsel of Record

Counsel of Record

U.S. DEPARTMENT OF JUSTICE OFFICE OF THE W.V. ATT’Y GEN.

950 Pennsylvania Avenue, NW State Capitol Complex

Washington, DC 20530

Building 1, Room E-26

(202) 514-2217

Charleston, WV 25305

(304) 558-2021

supremectbriefs@usdoj.gov

lindsay.s.see@wvago.gov

Counsel for Federal

Respondents

Counsel for Petitioners

West Virginia, et al.

(additional counsel listed on inside cover)

PETITIONS FOR CERTIORARI FILED: APR. 29, 2021 (20-1530),

APR. 30, 2021 (20-1531), JUNE 18, 2021 (20-1778 & 20-1780)

CERTIORARI GRANTED: OCT. 29, 2021

(continued from front cover)

BETH S. BRINKMANN

Counsel of Record

COVINGTON & BURLING LLP

850 Tenth Street, NW

Washington, DC 20001

(202) 662-5312

bbrinkmann@cov.com

Counsel for Power Company

Respondents

YAAKOV M. ROTH

Counsel of Record

JONES DAY

51 Louisiana Ave., NW

Washington, DC 20001

(202) 879-3939

yroth@jonesday.com

Counsel for Petitioner

North American Coal

Corporation

SEAN H. DONAHUE

Counsel of Record

ANDREW M. GROSSMAN

Counsel of Record

DONAHUE, GOLDBERG &

BAKER & HOSTETLER LLP

LITTLETON

1008 Pennsylvania Ave., SE

1050 Connecticut Ave., NW

Washington, DC 20003

Washington, DC 20036

(202) 277-7085

(202) 861-1697

sean@donahuegoldberg.com

agrossman@bakerlaw.com

Counsel for Non-Governmental Counsel for Petitioner

Organization & Trade

Westmoreland Mining

Association Respondents

Holdings LLC

BARBARA D. UNDERWOOD

PAUL M. SEBY

Special Assistant

Solicitor General

Attorney General

Counsel of Record

Counsel of Record

OFFICE OF THE ATT’Y GEN.

GREENBERG TRAURIG, LLP

28 Liberty Street

1144 15th Street, Suite 3300

New York, NY 10005

Denver, CO 80202

(212) 416-8016

barbara.underwood@ag.ny.gov (303) 572-6500

sebyp@gtlaw.com

Counsel for Respondents

Counsel for Petitioner State

New York, States and

of North Dakota

Municipalities

(additional counsel listed on next page)

(continued from inside cover)

ELBERT LIN

Counsel of Record

HUNTON ANDREWS KURTH LLP

951 E. Byrd Street, E. Tower

Richmond, VA 23219

(804) 788-7202

elin@huntonak.com

Counsel for Respondent

America’s Power

EMILY C. SCHILLING

Counsel of Record

HOLLAND & HART LLP

901 K Street NW, Suite 850

Washington, DC 20001

(202) 393-6500

ecschilling@hollandhart.com

Counsel for Respondent Basin

Electric Power Cooperative

MISHA TSEYTLIN

Counsel of Record

TROUTMAN PEPPER HAMILTON

SANDERS LLP

227 W. Monroe St., Suite 3900

Chicago, IL 60606

(608) 999-1240

misha.tseytlin@troutman.com

Counsel for Respondent

National Mining Association

i

TABLE OF CONTENTS

Page

VOLUME I

Docket Entries,

American Lung Association, et al. v.

EPA, et al., No. 19-1140 (D.C. Cir.) ................... 1

Opinion of the United States Court of Appeals

for the District of Columbia Circuit

(Jan. 19, 2021) .................................................. 53

Respondents’ Motion for a Partial Stay of

Issuance of the Mandate (Feb. 12, 2021) ....... 256

Order of the United States Court of Appeals

for the District of Columbia Circuit

Granting the Motion for a Partial Stay of

Issuance of the Mandate (Feb. 22, 2021) ....... 270

Formal Partial Mandate of the United States

Court of Appeals for the District of

Columbia Circuit (Mar. 5, 2021) .................... 272

VOLUME II

Carbon Pollution Emission Guidelines for

Existing Stationary Sources: Electric

Utility Generating Units,

80 Fed. Reg. 64,662 (Oct. 23, 2015) ............... 273

VOLUME III

Carbon Pollution Emission Guidelines for

Existing Stationary Sources: Electric

Utility Generating Units, 80 Fed. Reg.

64,662 (Oct. 23, 2015) (cont.) ......................... 867

ii

TABLE OF CONTENTS

(continued)

Page

VOLUME IV

Carbon Pollution Emission Guidelines for

Existing Stationary Sources: Electric

Utility Generating Units, 80 Fed. Reg.

64,662 (Oct. 23, 2015) (cont.) ....................... 1445

EPA, Regulatory Impact Analysis for the

Repeal of the Clean Power Plan, and

the Emission Guidelines for Greenhouse

Gas Emissions from Existing Electric

Utility Generating Units (June 2019)

(Excerpted).................................................... 1669

Repeal of the Clean Power Plan; Emission

Guidelines for Greenhouse Gas

Emissions From Existing Electric Utility

Generating Units; Revisions to Emission

Guidelines Implementing Regulations,

84 Fed. Reg. 32,520 (July 8, 2019) ............... 1725

867

Accordingly,

we

have

concluded

that

a

well-supported and conservative estimate of the

potential heat rate improvements (and accompanying

reductions in CO2 emission rates) that EGUs can

achieve on average through best practices and

equipment upgrades is a 4.3-percent improvement in

the

Eastern

Interconnection,

a

2.1-percent

improvement in the Western Interconnection and a

2.3-percent improvement in the Texas Interconnection.

The decision to use these values as the building block

1 potential in each region is based on the weight of

evidence that these are conservative values; for each

region, each of the three analytical approaches in our

methodology supports our determination that the heat

rate improvement value we selected is achievable.

Taken individually, each approach provides an

independently reasonable estimate of the potential for

heat rate improvement. Furthermore, as described in

the GHG Mitigation Measures TSD, these approaches

are conservative on even an individual basis because

they do not account for the full extent of heat rate

improvements

available

through

additional

equipment upgrades and best practices. Some EGUs

may have faced difficulties achieving significant heat

rate improvement in the past and EGU owners may

feel they face challenges in the future. Nevertheless,

our methodology as a whole indicates that, on average,

coal-fired EGUs can at least achieve the percentage

heat rate improvement selected for their region

through application of best practices and some of the

available equipment upgrades. A more detailed

discussion of the EPA’s analysis in determining the

heat rate improvement potential for existing coal-fired

868

EGUs may be found in the GHG Mitigation Measures

TSD supporting the final CPP.

No affected coal-fired EGU is specifically required to

improve heat rate by any amount as a result of this

rule. Rather, as described in section VI, the potential

for heat rate improvement is used to determine a CO2

emission performance rate. Those affected EGUs that

have done the most to reduce their heat rate will tend

to be closer to that CO2 emission rate. In this sense,

our approach to determining potential CO2 reductions

through heat rate improvements is similar to the way

EPA

ordinarily

approaches

standards

of

641

performance.

In this final analysis, we do not delineate what

proportion of the potential heat rate improvement can

641 To give an illustrative example, imagine a population of

sources that emit Pollutant X. Half of the sources emit Pollutant

X at 2500 lbs/hour, while the other half of the sources have

scrubbers installed that reduce their emission rates to 1500

lbs/hour. Because the sources are evenly divided between those

with and without scrubbers, the average emission rate for the

population as a whole is 2000 lbs/hour. In this hypothetical, EPA

decides to base requirements on the emission rate achievable

through use of a scrubber, meaning that all sources will have to

meet an emission rate of 1500 lbs/hour. Because the fleet as a

whole has an average emission rate of 2000 lbs/hour, it would be

accurate for EPA to say that the fleet as a whole can reduce its

emission rate by 25 percent—from 2000 lbs/hour on average (only

half the sources with scrubbers), to 1500 lbs/hour on average (all

the sources with scrubbers). This description of what is possible

for the fleet as a whole—a 25-percent reduction in emission rate—

should not be misinterpreted as a statement that every

individual source is capable of further reducing its emissions by

25 percent. The sources that have already installed scrubbers,

and which are thus already operating at 1500 lbs/hour, would not

be required to further improve their emission rate.

869

be expected from equipment upgrades versus best

practices;642 only that these heat rate improvements

are achievable in the regions through a combination of

these methods. As discussed in section V.C.3 below,

we believe that a single heat rate improvement goal

for each region incorporating both best practices and

upgrades, based on the 11 years of hourly heat rate

data for 884 coal-fired EGUs available to the EPA, is

a reasonable approach that is supported by our

analysis, and is particularly conservative given that it

does not account for the full range of heat rate

642 Examples of the many types of best practices and

equipment upgrades available to coal-fired EGUs include

adopting sliding pressure operation to reduce turbine throttling

losses; installing intelligent sootblowing system software;

upgrading the combustion control/optimization system; installing

heat rate optimization software; installing a production cost

optimization program that benchmarks plant thermal

performance using historical plant data; establishing centralized

remote monitoring centers with thermal performance software

for monitoring heat rates systemwide; repairing steam and water

leaks; automating steam system drains; performing an on-site

performance appraisal to identify potential areas for improved

performance; developing heat rate improvement procedures and

training O&M staff on their use; aligning the cycle to isolate or

capture high-energy fluid leakage from the steam cycle; repairing

utility boiler air in-leakage; performing utility boiler chemical

cleaning; installing condenser tube cleaning system; retubing

condenser; repairing/upgrading flue gas desulfurization systems;

cleaning air preheater coils; adjusting/replacing worn air heater

seals; replacing corroded air heater baskets; replacing feed pump

turbine steam seals; overhauling high pressure feedwater pumps;

installing fan and pump variable speed/frequency drives;

upgrading turbine steam seals; upgrading all turbine internals;

and installing coal drying systems. These and additional heat

rate improvement measures are discussed further in the GHG

Mitigation Measures TSD for the CPP Final Rule.

870

improvements

achievable

through

equipment upgrades and best practices.

additional

The performance rates quantified in section VI,

below, reflect the region-specific values for heat rate

improvement. Although the performance rates are

based on the least stringent overall performance rate

determined to be reasonable for any region, and are

thus based in part on the percentage heat rate

improvement identified for the region, this rule does

not itself require any specific EGU to implement

measures resulting in a specific percentage heat rate

improvement. Rather, the percentage heat rate

improvement value is merely reflected in the CO2

emission performance rates and corresponding massbased and rate-based state goals. Each state has the

flexibility to develop a plan that achieves those CO2

performance rates or emission goals by assigning the

emission standards the state considers appropriate to

its affected coal-fired EGUs. Similarly, depending on

the content of the applicable plan, affected EGUs may

achieve their emission standards through use of any of

the building block measures described in this rule or

any other measures permitted under the plan.

b.

Changes from the proposal.

In the proposed rule, we determined that building

block 1 measures could on average achieve a 6-percent

heat rate improvement from coal-fired EGUs in the

U.S. based on a 4-percent heat rate improvement from

implementation of best practices and a 2-percent heat

rate improvement from equipment upgrades. Based

on comments received and refinements made to our

methodology for determining potential heat rate

improvement from the hourly gross heat rate dataset

871

of 884 coal-fired EGUs, we have applied this

methodology on a regional basis and reduced the

overall expected percentage heat rate improvement for

coal-fired EGUs to 4.3 percent in the Eastern

Interconnection, 2.1 percent in the Western

Interconnection, and 2.3 percent in the Texas

Interconnection. 643

These

values

reflect

improvements achievable through both best practices

and equipment upgrades because, as described above,

we also no longer include a separate estimation of the

potential heat rate improvement achievable solely

through equipment upgrades.

We received comments on our proposed statistical

methodology for determining the CO2 emission

reductions opportunities achievable by coal-fired

EGUs through heat rate improvements. We have

closely reviewed those comments and, for the final rule,

have made refinements to our methodology, as

described above and explained in more detail in the

GHG Mitigation Measures TSD supporting the final

CPP.

In the final rule, the EPA extends the

implementation deadline from 2020 to 2022. This

additional time will be helpful to the states seeking to

conduct more targeted analyses of the nature and

extent of heat rate improvements that specific coalfired EGUs can make, considering specific recent

improvements or upgrades, planned retirements of

older coal-fired EGUs, and other relevant

considerations. The extended deadline will also

Had the EPA maintained a nationwide approach to

analyzing the potential reductions under building block 1, the

result would have been 4.0 percent.

643

872

provide additional time to accommodate changes to

heat rate monitoring methods at EGUs and for the

installation of new pollution controls that comply with

other rules, as discussed below in the summary of key

comments.

2. Costs of Heat Rate Improvements

By definition, any heat rate improvement made by

EGUs for the purpose of reducing CO2 emissions will

also reduce the amount of fuel that EGUs consume to

produce the same electricity output.

The cost

attributable to CO2 emission reductions, therefore, is

the net cost of achieving heat rate improvements after

any savings from reduced fuel expenses.

As

summarized below, we estimate that, on average, the

savings in fuel cost associated with the percentage

heat rate improvements we identified for each region

would be sufficient to cover much of the associated

costs.

Accordingly, the net costs of heat rate

improvements associated with reducing CO2

emissions from affected EGUs are relatively low. We

recognize that this cost analysis will represent the

costs for some EGUs better than others because of

differences in individual circumstances. We further

recognize that reduced generation from coal-fired

EGUs due to the implementation of other building

block measures would tend to reduce the fuel savings

associated with heat rate improvements, thereby

raising the effective cost of achieving the CO2 emission

reductions from the heat rate improvements.

Nevertheless, we still expect that a significant fraction

of the investment required to capture the technical

potential for CO2 emission reductions from heat rate

improvements would be offset by fuel savings, and

that the net costs of implementing heat rate

873

improvements as an approach to reducing CO2

emissions from affected EGUs are reasonable. Even if

we conservatively estimate that EGUs will largely rely

on equipment upgrades rather than cheaper best

practices to reduce heat rate, those reductions can

generally be achieved at $100 or less per kW, or

approximately $23 per ton of CO2 removed, as

described in detail in the GHG Mitigation Measures

TSD supporting the final CPP.644 Depending on the

balance between equipment upgrades and best

practices, improving heat rate would even result in a

net savings for some EGUs.

Based on the analyses of technical potential and cost

summarized above and in Chapter 2 of the GHG

Mitigation Measures TSD, we find that heat rate

improvements of 4.3, 2.1 and 2.3 percent are

reasonable and conservative estimates of what coalfired EGUs in the Eastern, Western and Texas

Interconnections, respectively, can achieve at a

reasonable cost.

3. Response to Key Comments

Many commenters said that the EPA should have

subcategorized by EGU design or operating

characteristics for purposes of evaluating potential

heat rate improvements under building block 1.

Several studies categorize EGUs broadly by

capacity, thermodynamic cycle, fuel rank or other

The $100/kW cost figure from the proposal is now

particularly conservative because it included the cost of

significant equipment upgrades that improve heat rate, whereas

building block 1 is now largely quantified based on low- or no-cost

best practices, with a smaller portion of the remainder comprised

of equipment upgrades.

644

874

characteristics. We considered subcategorizing the

EGUs by their design and fuel characteristics under

building block 1. Although grouping by categories

does not account for all of the factors that may affect

heat rate, it can provide a useful way of understanding

the operating profile of classes of coal-fired EGUs and

the fleet as a whole. However, we have declined to

subcategorize among affected coal-fired EGUs for both

technical and practical reasons. First, as discussed

above, our assessment of heat rate improvement

potential uses a unit-specific data methodology that

compares each EGU’s performance against its own

historical performance. By substantially basing our

analysis on these unit-specific assessments, we

inherently factor in the effect of numerous design

conditions. We also conducted a regression analysis

that evaluated the effect of numerous factors on heat

rate, and found that subcategorizing would generally

make little difference in our analysis. Additionally,

subdividing the EGUs into subcategories would reduce

the quantity of EGUs used to calculate each average,

which would increase the influence of random and

atypical variations in the data on the overall averages,

and would thus decrease our confidence in the results.

Furthermore, as a practical matter, states are free to

apportion reductions in a way that reflects any

subcategories of their choosing when determining the

emission standards for individual affected EGUs.

Additionally, commenters assert that because building

block 1 is calculated on an average basis, some affected

EGUs will have greater potential than others to

emissions

through

heat

rate

reduce

CO2

improvements. If an affected EGU cannot meet its

particular emission standard because it has below-

875

average potential to reduce emissions through heat

rate improvements, then in instances where the

EGU’s state plan allows emissions trading, the EGU

can acquire credits or allowances from affected EGUs

that have above-average potential. For a further

discussion of our reasonable decision not to

subcategorize among coal-fired EGUs for purposes of

determining building block 1, see the GHG Mitigation

Measures TSD supporting the final CPP.

Many commenters told the EPA that EGUs already

have undertaken significant efforts to operate

efficiently to provide reliable electric service at the

lowest reasonable cost; that they believe they cannot

significantly improve heat rate; that best practice

maintenance activities are performed on a daily basis,

including during maintenance outages that allow for

the inspection, cleaning and repair of all equipment;

that extensive capital investments have been made to

install state-of-the art equipment and replace

equipment that is beyond repair; and that their

employees continuously monitor and control operating

levels in the combustion process to maintain

maximum combustion of fuel and to avoid wasting

available heat energy.

In summary, these

commenters say they have expended considerable

effort and resources to maintain peak boiler efficiency

at all times and, therefore, the 6-percent heat rate

improvement proposed for building block 1 is

unreasonable to apply to EGUs across the board; the

EPA should develop a rule that allows treatment of

affected EGUs on a case-by-case basis.

We commend the efforts of those who strive to

operate and maintain EGUs in the best possible

manner to minimize heat loss and CO2 emissions.

876

This rule does allow for treatment of EGUs on a caseby-case basis. States may believe that individual

considerations are appropriate in some cases and,

accordingly, we have purposely allowed states to make

decisions about how to implement specific

CO2 reductions. Our determinations of 4.3-, 2.1- and

2.3-percent heat rate improvement for EGUs in the

Eastern, Western and Texas Interconnection,

respectively, are conservatively based on the lowest

value identified by any of our reasonable statistical

analyses. If states choose to set limits on individual

affected EGUs based in part on the availability of heat

rate improvements, the states are free to assess heat

rate improvements on a more targeted, case-by-case

basis that takes into account an EGU’s previous heat

rate improvement efforts, or lack thereof. The fact

that states (or EGUs complying with state

requirements) can make case-by-case decisions about

how to achieve goals does not contradict our

conservative estimates—which are based on millions

of hours of operating data reported to the EPA by

EGUs—of how much EGUs are capable of improving

their heat rate in each region overall. Opportunities

to improve heat rate abound for affected EGUs as a

whole, as evidenced by the fact that the approaches in

our statistical methodology each included a

comparison of an EGU’s historical heat rate to its 2012

heat rate. Our estimates of the potential heat rate

improvement are additionally conservative because

they are based purely on comparisons among

historical gross heat rate data, and thus do not reflect

available, cost-effective opportunities to improve heat

rate that affected EGUs never implemented during

the study period. Finally, to the extent that an

877

affected EGU was in 2012 fully implementing every

possible best practice for improving heat rate, it may

still be capable of improving heat rate through

equipment upgrades.

Other commenters said that a 6-percent heat rate

improvement overall is too high; that the heat rate

improvement from upgrades are double-counted

within the data used to determine heat rate

improvements from best practices; and that the 2percent heat rate improvement specifically for

upgrades was inappropriately based on “conceptual”

improvements from only one study.

We have reduced the 6-percent heat rate

improvement from the proposed rule to three

regionalized figures of 4.3 percent (Eastern), 2.1

percent (Western) and 2.3 percent (Texas), as

discussed above and described in detail in the GHG

Mitigation Measures TSD supporting the final CPP.

We expect that, on average, affected coal-fired EGUs

can at a minimum improve heat rate in these amounts

by implementing best practices and equipment

upgrades identified in the GHG Mitigation Measures

TSD. These overall heat rate improvement figures do

not include an estimated percentage heat rate

improvement attributable specifically to upgrades.

Although we are no longer including in our calculation

of building block 1 a separate 2-percent heat rate

improvement attributable solely to equipment

upgrades, this decision is not because we believe that

our initial 2-percent assessment of equipment

upgrades was incorrect.

To the contrary, the

information presented in the S&L study was similar

to that in other industry reports and studies—many of

which were referenced in the proposal TSD—

878

describing potential heat rate improvements at EGUs

from all types of equipment upgrades. However, we

recognized that the possibility existed that some

limited portion of that 2 percent was also reflected in

our statistical analyses of historical gross heat rate

data. In order to ensure that our methodology did not

double-count an indeterminate amount of heat rate

improvement available through equipment upgrades,

we conservatively set aside the entire additional 2

percent attributable solely to equipment upgrades.

Accordingly, we determined the amount of potential

heat rate improvement in the BSER solely from the

heat rate analyses described above, which account for

improvements through best practices and equipment

upgrades that were at some point achieved by an EGU,

but not for the full range of best practices and

equipment upgrades that are actually available.

Commenters also said that the EPA did not look at

important factors that affect heat rate such as coal

type, boiler type, cooling water temperature, age,

nameplate capacity or the use of post-combustion

pollution controls.

Our statistical methodology compared each unit to

its own historical performance and, therefore, largely

accounts for the effects that a unit’s design or fuel

characteristics would have on heat rate. As discussed

above, our methodology used hourly data from 884

units over an 11-year period (2002–2012) and

compared the variability in the heat rate of each

individual unit to that unit’s own performance. By

assessing potential heat rate improvement by first

looking at unit-specific data, our methodology

inherently factors in the possible effects of design and

fuel characteristics (e.g., coal type, boiler type,

879

nameplate capacity, age, cooling water system, air

pollution controls) on heat rate and heat rate

variability.

Although cooling water temperature likely plays an

important role in a coal-fired EGU’s heat rate, as

stated by commenters, there are no consistent qualityassured hourly cooling water temperature data

available to the EPA. However, in an effort to

determine the potential effect of cooling water

temperature on heat rate, we looked at a sample of 45

coal-fired EGUs at 19 facilities for which we had

hourly surface water temperature data (used as a

surrogate for cooling water) from monitors located

nearby and upstream of cooling water intake points.

Our analysis found that surface water temperature

did explain some of the variation in heat rate, but that

surface water temperature is strongly correlated with

ambient air temperature—a variable we did control

for in our methodology. Because of the strong

correlation between ambient air temperature and

surface water temperature, the availability of a

comprehensive dataset of nationwide hourly ambient

air temperature, and the similar explanatory power of

surface water temperature and ambient air

temperature, it is unlikely that separately addressing

cooling water temperature would significantly change

the results. Rather, we are confident that our use of

hourly ambient air temperature in our analyses

adequately addressed any significant impact of cooling

water temperature.

See the GHG Mitigation

Measures TSD supporting the final CPP for further

details about this analysis. As described further in

that TSD, the other potentially relevant variables for

880

which we did not directly control are unlikely to

significantly affect the average heat rate.

Commenters said that the heat rate improvement

attributable to upgrades will degrade over time or

require repeated and costly further upgrades.

We are aware that some heat rate improvement

measures can degrade over time. Like most power

plant components, some heat rate improvement

technologies require maintenance in order to sustain

their efficacy over time.

Therefore, to avoid

degradation, personnel at EGUs will need to diligently

apply “best practices” on a regular basis, a practice

that numerous commenters say is standard operating

procedure. The S&L study includes estimates of

associated operations and maintenance (O&M) costs

for each heat rate improvement method that is

discussed. As we explained in the proposal, the

related O&M costs of diligently applying best practices

are relatively small compared to the associated capital

costs and would, therefore, have little effect on the

economics of heat rate improvements.

Commenters stated that heat rate improvement

should be set on a basis that is narrower than

nationwide—for example, state-by-state or unit-byunit.

The EPA did not propose and is not finalizing a rule

that sets heat rate improvement goals for individual

states or for individual coal-fired EGUs. Instead, in

the approved state plans developed under this rule,

each state will set the emission standards for its

various coal-fired EGUs. In doing so, the state may

take into account its own view of the amount of heat

rate improvement needed (if any) at specific EGUs,

881

and may look to the EPA’s analysis of heat rate

improvement potential in the applicable region as a

guide, while keeping in mind the CO2 emission

performance rate. This broad-based approach is

consistent with the traditional rules evaluating the

potential for emission reductions on a source-category

basis, and is consistent with the broader goal-setting

purpose of this rule. Furthermore, the final rule

establishes a uniform national performance rate based

on the least stringent regional performance rate

calculated with the building blocks. Accordingly,

affected EGUs in regions not setting the national level

have emission reduction opportunities beyond those

reflected in the applicable performance rate.

The heat rate improvement measures comprising

building block 1 would ordinarily be evaluated on a

nationwide basis. However, in this instance there are

two good reasons to calculate building block 1 on a

regionalized basis. First, a regionalized approach is

consistent with the EPA’s approach to determining the

other building blocks. For building block 1, this means

that the heat rate improvement should reflect only as

much potential for emission reduction from building

block 1 as our analyses indicate can be achieved on

average by the affected coal-fired EGUs in that region.

This ensures that the BSER for each region is

representative of the characteristics and opportunities

available within that region, rather than a less logical

combination of opportunities in the region and

opportunities nationwide. Second, a regionalized

approach provides a more representative average of

the potential heat rate improvement that EGUs in a

given region are capable of achieving. The populations

of affected coal-fired EGUs in each region differ in

882

some respects, as discussed in the GHG Mitigation

Measures TSD, and the more nuanced regionalized

approach thus indirectly accounts for some of those

systemic differences. For these and other reasons

described in Section V.A. of the preamble with respect

to the BSER as a whole, we have reasonably based

building block 1 on a regionalized approach. Applying

this regionalized approach to building block 1 strikes

an appropriate balance between the proposed

nationwide analysis and commenters’ suggested statespecific analysis, which does not fully reflect the

interconnected nature of the system within which

affected coal-fired EGUs operate.

The practical consequence of calculating building

block 1 on a regionalized versus nationwide basis is

minimal.

This is because the CO2 emission

performance rates are based on the overall

performance rate determined to be reasonable for

EGUs in the Eastern Interconnection.

Our

methodology identifies a 4.3 percent potential

improvement in the Eastern Interconnection,

compared to a 4.0 percent figure across all three

interconnections.

We further note, along with some commenters, that

site-specific engineering studies or unit-by-unit

analyses of heat rate improvement potential for coalfired EGUs are not available to the EPA; only a small

number of site-specific case studies are available in

the public literature. We considered that for the EPA

to develop a comprehensive, unit-by-unit heat rate

improvement study of nearly 900 coal-fired EGUs

from scratch, it would likely cost the Agency $50,000

to $100,000 to study each EGU (almost $50 to $100

million total) and require three to four years to

883

complete. Such a granular analysis would not serve

the broader goal-setting purpose of this rulemaking.

We agree with commenters who have pointed out that

a heat rate improvement-estimating effort of that

magnitude and duration would be unnecessarily

lengthy and expensive. Nor would such a granular

analysis be a necessary predicate for states to develop

emission standards, or for EGUs to comply with those

emission standards. Rather, our methodology relies

on individualized, unit-by-unit hourly performance

data from 884 EGUs provides conservative and

reasonable regional estimates of heat rate

improvement potential.

Indeed, given the

conservative nature of our methodology, a unit-specific

approach that evaluates the full range of best practices

and equipment upgrades available at individual

EGUs—including upgrades not accounted for here—

would be more likely to result in higher overall heat

rate improvement figures than we are finalizing for

building block 1.

Furthermore, site-specific

information forms the foundation of the EPA’s

estimated heat rate improvement potential, and

similar data likely would be used in any site-specific

heat rate improvement engineering study. Finally,

EGU-specific

detailed

design

and

operation

information is not consistently available for all the

factors that influence heat rate. The EPA has used the

comprehensive data that are available to reasonably

and conservatively estimate potential heat rate

improvement in each region.

Commenters also said that shifting electricity

generation from coal-fired EGUs to other EGUs

because of measures implemented under other

building blocks will lower the capacity factors of coal-

884

fired EGUs, and thus increase, not decrease, their heat

rates.

We expect that most states will develop plans that

optimize the operation of existing coal-fired EGUs

while utilizing the other building blocks and other

measures to reduce emissions from carbon-intensive

generation. From our IPM projections, the average

annual capacity factor of existing coal-fired EGUs that

are expected to remain in operation in 2030 will

actually increase compared to 2012. This projection—

which is further described in the GHG Mitigation

Measures TSD—incorporates expected retirements of

inefficient units and generation shifts away from

using coal-fired EGUs as peaking units.

Commenters also noted that the EPA used net heat

rate in state goals, but used gross heat rate in its heat

rate improvement analysis—potentially ignoring the

detrimental effect that parasitic load from air

pollution control devices (APCD) and other equipment

can have on net heat rate.

The EPA’s variability analysis necessarily and

reasonably used gross output data for each of the 884

EGUs in the EPA’s database because they are the only

publicly available, unit-specific, hourly performance

data. By definition, improvement in gross heat rate

would be reflected in the net heat rate. Gross heat rate

is the total heat output from the EGU, in units of

Btu/gross kWh, and includes the power used by

auxiliary equipment required to operate the EGU

itself. By contrast, net heat rate is the remaining

Btu/kWh after subtracting the power used by the

EGU’s own auxiliary equipment from the gross heat

rate value, i.e., what the EGU is able to provide to the

885

grid. Improvements in net heat rate alone (e.g.,

reducing parasitic load of on-site equipment) may be

possible on many units. Therefore, our use of gross

heat rate to estimate potential heat rate improvement

was conservative because of the additional

opportunities to achieve the uniform performance rate

through improvements in net heat rate alone.

Commenters also raised concerns that the EPA was

not taking into account net heat rate increases due to

additional add-on pollution controls that may, for

some units, be required by other rules.645

The results of our statistical analyses are based on

gross heat rates and would not change with

installation of emission controls for CSAPR, MATS, or

other rules because these controls will add parasitic

load requirements and thereby have an impact on the

net heat rates only. Furthermore, we conservatively

consider region-wide net heat rate improvement

potential to be the same as that indicated for the

region-wide gross heat rate, when in fact it is not. In

order to check our assumptions concerning gross

versus net heat rate, we used the IPM Power Sector

Modeling Platform (version 5.14) and National

Electric Energy Data System (NEEDS) (version 5.14)

to analyze the anticipated incremental heat input

required to operate additional add-on controls to

comply with various EPA rules, including CSAPR,

MATS, effluent guidelines for EGUs, and coal

combustion residuals. From this analysis, we project

that between 2012 and 2025, existing coal-fired EGUs

are expected to install approximately 18.6 GW of wet

flue gas desulphurization (FGD), 16.6 GW of dry FGD,

645 See above for an explanation of gross versus net heat rate.

886

24.9 GW of selective catalytic reduction (SCR), and 3.9

GW of selective noncatalytic reduction (SNCR). The

resulting impact from new pollution controls on

existing coal-fired EGUs’ heat rate is expected to be

very small, at conservatively less than 31 Btu/kWh, or

less than 0.3 percent in 2025. 646 After 2025, this

estimate is particularly conservative because the

EPA’s cost performance models overestimate the

parasitic load from individual add-on controls for

future years. Furthermore, at some EGUs these

newer pollution control devices will replace existing

pollution control devices. Accordingly, for these EGUs,

the minimal increase in net heat rate due to power

required to operate new controls will be at least

partially offset by the decrease in net heat rate caused

by removal of the control devices currently in place.

For more information about this analysis, see the

GHG Mitigation Measures TSD supporting the final

CPP.

Commenters contended that the 11 years of data

used to evaluate potential heat rate improvement is

too broad, and that the population of domestic coalfired EGUs has changed significantly over this time

period.

The 11-year span for the hourly gross heat rate data

is appropriate because it represents a wide variety of

economic conditions, market conditions and fleet

composition, while also capturing the relatively recent

historical performance of affected coal-fired EGUs.

When considered on a regional basis, we expect these

controls to impact heat rate by approximately 0.3 percent in both

the Eastern and Western Interconnections, and by less than 0.1

percent in the Texas Interconnection.

646

887

We also noted in the proposal TSD that the population

of coal-fired EGUs used in the analytical approaches

to determine potential heat rate improvement is made

up of coal-fired EGUs that operated in 2012. The gross

heat rate data of any coal-fired EGUs that retired

prior to 2012 were not included in the dataset.

Commenters stated that many of the changes in

heat rate reflected in the 11-year hourly gross heat

rate dataset are attributable to changes in monitoring

methodology, and thus do not represent heat rate

improvements attributable to best practices or

equipment upgrades. In addition, commenters are

concerned that changes to the monitoring methodology

in the future could artificially alter the measured heat

rate.

Different stack gas flow monitoring methods can

yield more or less accurate measurements of heat

input and CO2 emissions. These differences depend on

the characteristics of the stack gas flow where the

monitoring and reference method measurements are

taken, and which options under the Part 75 emission

measurement rules are chosen in the application of the

various flow rate reference methods. In general, more

accurate stack gas flow monitoring methodologies

yield lower values that, when used to calculate

emissions or heat input, may lower the heat rate

values reported to the EPA.

Some EGUs adopted monitoring methodologies that

have the potential to affect the exactness of the data

we used for assessing heat rate improvements.

However, as discussed in detail in the GHG Mitigation

Measures TSD supporting the final CPP, our review of

the data shows that a relatively small amount of the

888

data are affected by these changes; we are confident

that the values adopted for building block 1 are

conservative and reasonable estimates of the potential

for heat rate improvement in each region. Some

changes in monitoring methodology would have the

result of tending to cause us to underestimate the

potential for heat rate improvement. Furthermore,

because our methodology analyzes percentage heat

rate improvement based on 2012 gross heat rate data,

our results are unaffected by EGUs that used more

accurate monitoring methodologies in 2012 or used the

same

monitoring

methodologies

consistently

throughout the 11-year study period. For these and

other reasons discussed in detail in the GHG

Mitigation Measures TSD, we remain confident in our

results despite the marginal differences attributable

to monitoring methodologies in some of the heat rate

data for a subset of EGUs.647

In terms of concerns with future methodological

changes, the overwhelming majority of the 884 EGUs

in the dataset we used to assess heat rate

improvement have already changed their stack gas

flow monitoring methodology in 2012 or earlier.

Furthermore, extension of the compliance date to 2022

for this rule, as discussed above, more than adequately

allows enough time for EGUs to determine how to

actually improve their heat rates and lower CO2

emissions while accommodating future changes to

647 Furthermore,

on a fundamental level, our methodology

accounts for a certain amount of any residual inexactness because

we have conservatively adopted the lowest value identified by any

of our reasonable approaches—all three of which are themselves

conservative because they do not account for the full extent of

heat rate improvements achievable through equipment upgrades.

889

monitoring methodologies.

For a more detailed

explanation, see the GHG Mitigation Measures TSD

supporting the final CPP.

Commenters said that there is no proof that

lowering the heat rate will reduce variability or that

reduced variability will reduce heat rate, i.e.,

correlation does not prove causation.

As an initial matter, it is important to note that for

the final rule the EPA used three types of statistical

analyses to evaluate and estimate potential heat rate

improvements of coal-fired EGUs, and only one of

these analyses involved any consideration of heat rate

variability. All three types of statistical analyses are

described in the GHG Mitigation Measures TSD

supporting the final CPP.

These commenters are correct that, in the abstract,

reducing heat rate variability only means that heat

rate will be more consistent—not necessarily lower or

higher. However, our analysis is not an abstract

evaluation of the potential to reduce variability, as

commenters suggest, but rather is an evaluation of the

potential heat rate improvement achievable through

reducing variability—i.e., reducing variability to

achieve a more consistently low heat rate. See the

more detailed discussion of the statistical procedures

used for the final rule, above. In particular, the

application of a “consistency factor” in the analyses

performed for both the proposed and final rule

demonstrates the potential results if each individual

EGU operated slightly more consistently with the

lower heat rates that the EGU had itself previously

achieved under similar conditions.

890

The consequence of a reduced heat rate is, of course,

a lower rate of CO2 emissions, which is the purpose of

the BSER for building block 1. This way of thinking

about reduced variability is consistent with the utility

power sector’s own efforts to reduce variability, which

are aimed at securing the economic benefits of a more

consistently lower overall heat rate.

Some commenters expressed concern that heat rate

improvements could trigger applicability of new

source review (NSR) provisions. The relationship of

this final rule to other regulatory provisions, including

NSR, is discussed in section X of the preamble.

D. Building Block 2—Generation Shifts Among

Affected EGUs

The second element of the foundation for the EPA’s

BSER determination for reducing CO2 emissions at

affected fossil fuel-fired EGUs entails an analysis of

the extent to which fossil steam EGUs can shift

generation to existing NGCC EGUs. In this section,

we define building block 2 as the gradual shifting of

generation from existing fossil steam to existing

NGCC within each region up to a maximum NGCC

utilization of 75 percent on a net summer basis. In

each year of the interim period, this 75 percent net

summer maximum potential is subject to a regional

limit informed by historical growth rates.

This section summarizes the EPA’s analysis

supporting that definition. We begin by discussing the

sector’s ability to reduce CO2 emissions by shifting

generation,

including

selected

background

information, data on trends toward greater NGCC

generation, and various mechanisms for executing or

facilitating generation shifts. Next, we describe the

891

amount and timing of generation shift we have

determined to be achievable through the building

block. We then discuss various elements supporting

our quantification of achievable generation shift,

including the technical feasibility of NGCC units to

increase generation; historical shifts to NGCC

generation; considerations related to reliability,

natural gas transmission infrastructure, natural gas

production,

and

electricity

transmission

infrastructure; and regulatory flexibility. A discussion

of costs follows. Finally, we respond to certain

comments not addressed in the preceding discussions.

1. Demonstration of Ability to Reduce CO2 Emissions

Through Shifting Generation

a.

Background of utility power sector.

The ability to shift generation from higher- to loweremitting sources is compatible with the way EGUs are

generally dispatched. 648 The standard approach to

dispatching

generation

is

through

Security

Constrained Economic Dispatch (SCED), a wellestablished practice in the electric power

industry. 649 As the name indicates, SCED has two

defining components:

Economic operation of

generating facilities and assurance that the electric

648 See preamble section II.C.1, History of the Power Sector,

for background to this discussion.

“Economic Dispatch: Concepts, Practices and Issues”,

FERC Staff Presentation to the Joint Board for the Study of

Economic Dispatch”, Palm Springs, California, November 13,

2005. A copy of this presentation is available in the docket for this

rule.

649

892

system remains reliable and secure. 650 Economic

dispatch generally refers to shorter-term planning and

operations from a day ahead through real time.

During this period, generating units are committed—

a process known as “unit commitment,” in which units

are committed to be ready to provide generation to the

system when they will be needed—and then

dispatched in real time to meet the electricity demand

of the system. Overall changes in the level of

generation from different facilities are also planned

over time periods longer than this 2-day dispatch

period. Over a calendar year, for example, units are

planned and scheduled seasonally or monthly to

ensure that sufficient capacity and energy will be

available to meet expected loads in an area. Over a

period of a week, units are committed to be prepared

to start up or shut down to meet forecast loads, and

dispatch is coordinated within this planning and unit

commitment framework. This process enables system

operators to respond quickly to short-term changes in

demand, and also to shift generation among different

generation types to match longer-term requirements

and goals.

EGUs using technologies with relatively low

variable costs, such as nuclear units, are for economic

reasons generally operated at their maximum output

whenever they are available. Renewable EGUs such

as wind and solar units also have low variable costs,

but the magnitude and timing of their output

generally depend on wind and sun conditions rather

“Security Constrained Economic Dispatch: Definitions,

Practices, Issues and Recommendations: A Report to Congress”,

Federal Energy Regulatory Commission, July 31, 2006.

650

893

than the operators’ discretion. In contrast, fossil fuelfired EGUs have higher variable costs and are also

relatively flexible to operate. Fossil fuel-fired EGUs

are therefore generally the units that operators use to

respond to intra-day and intra-week changes in

demand. Because of these typical characteristics of

the various EGU types, the primary opportunities for

switching generation among existing units available

to EGU owners and grid operators generally consist of

opportunities to shift generation among various fossil

fuel-fired units, in particular between coal-fired EGUs

(as well as oil- and gas-fired steam EGUs) and NGCC

units. In the short term—that is, over time intervals

shorter than the time required to build a new electric

generation unit—fossil fuel-fired units consequently

tend to compete more with one another than with

nuclear and renewable EGUs.

The amount of

generation shifting from coal-fired EGUs to NGCC

units that takes place as a result of this competition is

highly relevant to overall power sector GHG emissions,

because a typical NGCC unit produces less than half

as much CO2 per MWh of electricity generated as a

typical coal-fired EGU.

b. Trends in generation shifts from coal-fired to

natural gas-fired sources.

Since at least 2000, fossil fuel-fired generation has

been shifting from coal- and oil-fired EGUs to NGCC

units, both as a result of construction of additional

NGCC units, and also as a result of dispatch of preexisting NGCC units at higher capacity factors. As a

result, generation from NGCC EGUs in 2012 reached

over four times the level of NGCC generation in 2000,

while generation from coal and oil/gas steam EGUs

894

decreased by around one third.651 As we demonstrate

in the GHG Mitigation Measures TSD, NGCC units

are capable of operating at higher annual capacity

factors than they have historically, so there remains

considerable opportunity for increased use of existing

NGCC units to replace generation currently supplied

by higher-emitting coal and oil/gas steam units. The

electric utility industry is thus well-positioned to

address the requirements of this building block by

increasing use of existing NGCC units and

correspondingly decreasing use of steam units. The

electric industry has been shifting generation to

NGCC units in recent years and is expected to

continue to retire coal capacity and add new NGCC

capacity.

In the reference case without

implementation of CO2 emission limitations, EIA

forecasts 40 GW of coal retirements and 53 GW of

NGCC capacity additions from 2014 to 2030. 652 An

EPA review of state Integrated Resource Plans (IRPs)

shows a pattern of shifting away from coal steam

capacity to NGCC capacity and, in some cases,

conversion of coal steam capacity to natural gas steam

capacity. For example, Ameren plans to add 600 MW

of NGCC capacity and convert two coal units to

natural gas steam units, and Duke plans to add 680

MW of NGCC capacity and convert one coal unit to a

natural gas steam unit.653

651

Ventyx Electric Power Database.

Energy Information Administration, Annual Energy

Outlook 2015 reference case, ref2015.d021915a.

652

653 For

further examples, see the memo entitled “Review of

Electric Utility Integrated Resource Plans” (May 7, 2015)

available in the docket.

895

c. Mechanisms for dispatch shifts from coal-fired to

natural gas-fired generation.

There are a variety of patterns of ownership and

operational control of EGUs; these ownership and

operational structures influence how EGUs will

respond to this building block. However, all owners

and operators have the ability to comply by using this

building block. In terms of ownership, investor-owned

utilities (IOUs) serve about 75 percent of the US

population, while consumer-owned utilities serve the

remaining 25 percent. 654 In states that have

maintained traditional regulation, IOUs are generally

vertically integrated (owning generating capacity as

well as transmission and distribution infrastructure),

and the wholesale sales of these EGUs are regulated

by the state; in states that have deregulated their

retail service, ownership of the EGU is separated from

ownership of transmission, and wholesale sales of

generation are regulated by FERC. Consumer-owned

utilities comprise municipal utilities, public utility

districts of various types owned by government

agencies, nonprofit cooperative entities (co-ops), and a

number of other entities such as Native American

Tribes.

Operational control of the dispatch of power over the

electricity grid is superimposed on this pattern of

ownership. Prior to electricity restructuring, this

dispatch was typically operated by major verticallyintegrated utilities or by public power entities. Over

654 Regulatory Assistance Project, Electricity Regulation in the

US: A Guide, Page 9, March 2011. Available at

http://www.raponline.org/docs/RAP_Lazar_ElectricityRegulati

onInTheUS_Guide_2011_03.pdf.

896

the last 15 years, large portions of the power grid are

now independently operated by ISOs or RTOs. These

entities are regulated by FERC and dispatch power

from multiple owners to meet the loads on the bulk

power grid.

The combination of multiple ownership and types of

operational control adds to the complexity of

electricity dispatch, but all affected EGUs, regardless

of ownership and type of control, can use this building

block to comply with the final rule. The principal

difference among the differing entities lies in the types

of methods that are available for the affected EGU

owner to bring about the shift in generation that will

make use of this building block for compliance. There

are several alternatives to accomplish this result: The

owner of the higher-emitting affected EGU may also

own, or have affiliates that own, lower emitting

generation and thus reduce its own generation and use

its control over these other EGUs to increase their

generation; an EGU may be able to reduce its

generation and buy replacement power from the

market that is lower emitting; or the EGU may be able

to reduce its generation and procure generation from

a separately-owned lower-emitting EGU.

These

alternatives will be available in states with either rate

or mass-based state plans without any change in their

general form. Under a rate-based state plan, an EGU

owner may also be able to purchase ERCs and average

the ERCs into its emission rate for purposes of

demonstrating compliance with its standard of

performance. Under standards of performance that

incorporate emissions trading, an EGU owner may be

able to purchase rate-based emission credits or mass

based emission allowances not needed by other EGUs

897

and use those credits or allowances to help achieve its

standard of performance.

The potential to shift generation identified for this

building block is entirely consistent with the existing

economic dispatch protocols described above. State

environmental policies can shift generation in two

ways. The first is operational restrictions, such as

permit limits on the number of hours that an EGU can

operate in order to limit emissions. The second is

changes in the relative costs of generation among

different types of EGUs related to pollution reduction

measures. For example, a regulation that necessitates

the use of a control technology that requires the

application of a reagent in a certain kind of EGU will

increase the variable cost of operating that plant,

which in turn may reduce the amount of generation it

is called upon to deliver to the grid through securityconstrained economic dispatch procedures.

In an organized market, where the system operator

dispatches units partly based upon costs, an electric

power plant that experiences an increase in its

variable costs will tend to operate less than it

otherwise would have. For example, market-based

pollution control programs require units to hold

tradable allowances to authorize their emissions of a

regulated pollutant.

Such an allowance-holding

requirement puts a price on the act of emitting the

regulated pollutant, which increases the operating

costs of units that emit that pollutant, and thus such

units will be dispatched less than they otherwise

would without such an allowance-holding requirement.

The RGGI is an example of a state program that has

this effect. In the present rule, although shifts in the

mix of generation to address the costs of pollution

898

control can lead to higher electricity generating costs

overall, the EPA analysis shows these costs to be

modest and well below their associated benefits.655

Many of the NGCC units are owned by the same

companies or affiliates that also own steam units. In

these cases, changes in EGU generation can be

planned by the company or affiliate without the need

to engage in separate market transactions with

outside parties. Where the affected EGU owner is also

the dispatch entity, as in most traditional market

structures, the EGU owner will generally have

operational control over the unit. Environmental

conditions, such as compliance costs or limits on

generation, can be factored in with fuel costs for

purposes of determining when the unit is committed

to be available, how the unit can be most efficiently

cycled, and at what level the unit is dispatched.

An analysis of generation data from steam and

NGCC units in 2012 shows that 77 percent of the

steam generation occurred from an EGU that owned,

or that had an affiliate that owned, NGCC generation.

Eighty percent of the generation shift potential

identified in this building block (increasing NGCC

generation up to a 75 percent capacity factor on a net

basis to replace steam generation) could occur among

these entities that own (either directly or through

affiliates) both steam and NGCC generation.656 These

data show that most EGU generation relevant for this

655 See the Regulatory Impact Analysis.

656 SNL

2015.

Energy. Data used with permission. Accessed May

899

building block is produced by entities that own both

steam and NGCC generation.

Another alternative available to an affected EGU

owner that does not also own NGCC generation is for

the higher-emitting affected EGU to reduce its

generation and purchase replacement power from the

market. In organized markets such as RTOs, it is

available through standard practice, because the

owner impacts how its EGUs are dispatched based

upon how it bids into the RTO market. In this case,

the owner can exercise control over the levels of

generation across units by when it offers generation to

the market operator (the RTO or ISO), and the prices

it bids for this generation. As in traditional economic

dispatch by a utility, environmental conditions,

compliance costs, or limits on generation can be

incorporated by the owner into the determination of

the cost-effective generation pattern of its EGUs.

In regions with organized electricity markets

(including, but not limited to, RTOs or ISOs), the

various types of EGU owners of higher-emitting

sources can reduce their generation, and any resulting

deficit in generation on the system can be supplied

from other EGUs in the region; for example, a coalfired unit can reduce generation that is then replaced

through the operation of the market by generation

from an NGCC unit, subject to dispatch by a regional

operator to ensure the reliable delivery of the

generation to loads within the region. To comply with

this rule, higher-emitting steam units will need

greater emission reductions relative to lower-emitting

NGCC units which will, in turn, tend to raise steam

unit costs compared to NGCC units. As a result, the

bids that a steam unit provides a market operator will

900

rise relative to NGCC units. This process of reducing

generation from a higher-emitting unit will lead to

substitution of lower-emitting generation.

EGU owners that do not participate in an organized

electricity market may nevertheless purchase power

from the wholesale power market. Purchases in the

wholesale power market can be spot purchases, which

are typically general purchases of system power

supplied by the EGUs across a region, or contract

purchases, which may have more provider-specific

characteristics (such as specifying the type of unit that

is providing the power). Purchases between EGUs

through the wholesale power market will have similar

emission-lowering properties as operation of the

organized market discussed above, because dispatch

in balancing areas outside RTOs and ISOs also follows

a similar economic dispatch protocol that is informed

by each unit’s production costs and environmental

limitations.

Under this alternative, the steam generators may,

in effect, realize emission reductions from building

block 2 simply by reducing their generation. Steam

generators do not need to purchase replacement

electricity as a prerequisite for realizing emission

reductions from reducing their own generation

because other generators already have an incentive to

provide as much electricity as load-serving entities are

willing to buy in order to satisfy electricity demand.657

657 Some owners or operators of steam generators may have

electricity supply obligations to which they may be applying

power from those steam generators. However, such parties may

fulfil those supply obligations using the wholesale power market

in the exact same way described here that enables any other

generator with economically attractive electricity to offer such

901

As noted above, higher-emitting generation sources

will have to incorporate correspondingly higher costs

of pollution reduction into their supply bids compared

to lower-emitting generation sources, and as a result,

load-serving entities will seek to buy a greater share

of electricity from the lower-emitting sources because

their supply bids will be more economically attractive.

Once the steam generators reduce their generation

(and associated emissions), the other entities in the

electricity system arrange for the replacement

electricity. The outcome of this power market process

will reduce both the mass and the rate of emissions

across sources.

An owner of a source can also reduce the generation

of an EGU by substituting generation from a loweremitting NGCC directly. For an EGU owner without

existing NGCC generation, this substitution can take

the form of a bilateral contract purchase. In RTOs and

ISOs, this alternative often takes the form of a

contract for differences, where the replacement source

could be an NGCC and the contract specifies a delivery

location and the price of the power. In bilateral

markets, the contract vehicle could be a Power

Purchase Agreement from a replacement source. It is

also possible that the owner of a steam unit could

directly invest in an existing EGU by purchasing the

asset or taking a partial ownership position, thus

acquiring the generation from the unit through that

means. The acquired generation and its associated

supply. In other words, the ability of a steam generator to reduce

its generation is not contingent on an associated purchase to

replace that power, notwithstanding the possibility that the

owner or operator of that steam unit may choose to make such a

purchase to meet an electricity supply obligation.

902

emissions could be used for compliance by the higheremitting EGU, in accordance with the plan under

which it is operating. The amount of generation that

could be shifted using the approaches described in this

paragraph will depend on the type and terms of the

commercial arrangements, as well as the potential

need for regulated entities to obtain approvals for

contracts or for changes in asset positions. The wide

range of approaches permitted by this rule provides

flexibility, both within a year and across multiple

years, for EGUs to fashion these arrangements to fit

their circumstances.

Where permitted under its state plan, an EGU

would also be able to meet its reduction obligations

using ERCs or allowances. The particular nature of

this alternative will depend on how a state elects to

develop its plan. If a state chooses a mass-based

approach, the EGU would simply need to hold

allowances to cover its emissions. To realize an

emission reduction from building block 2 under this

approach, a steam generator would only need either to

reduce its emissions by reducing its generation, which

would lead to that generator needing fewer allowances

to cover its emissions under the program, or to

purchase surplus allowances not needed by another

EGU that had reduced its emissions. In a rate-based

state, the state may choose to provide for compliance

through the acquisition of tradable ERCs. To realize

an emission reduction from building block 2 under this

approach, a steam generator would be able to adjust

its effective emission rate by purchasing ERCs that

are produced by other sources whose emission rates

are lower than the applicable rate standard. In this

fashion, a steam generator does not need to purchase

903

lower-emitting replacement power per se in order to

demonstrate an emission reduction from this building

block; instead, the steam generator may purchase any

ERCs that were produced from lower-emitting sources

(see section VIII for more detail on how state plans can

use an ERC approach to facilitate a rate-based

compliance demonstration of this type of emission

reduction).658

The

approaches

shown

here

collectively

demonstrate that all steam generators—regardless of

size, location, form of ownership, or type of market in

which they operate—can implement building block 2

through some or all of the mechanisms described.

2. Amount and Timing of Generation Shift

The EPA has determined that for purposes of

quantifying the CO2 emission reductions achievable

through building block 2, a reasonable amount of

generation shift is the amount of generation shift that

would result from existing NGCC units, on average,

increasing their annual utilization rates to 75 percent

of net summer capacity. However, the building block

does not reflect achievement of this average capacity

factor at the start of the interim period, but instead

reflects a glide path of increases in NGCC utilization

over the interim period. Below, we discuss the glide

658 Stakeholders have recognized that ERCs and allowances

are an effective tool for EGUs to implement the building blocks

and achieve their standards of performance required under this

rule. See “Clean Power Plan Implementation: Single-State

Compliance Approaches with Interstate Elements,” Georgetown

Climate Center (May 2015), http://www.georgetownclimate.org/

sites/www.georgetownclimate.org/files/GCC_ComplianceAppro

acheswithInterstateElements_May2015.pdf.

904

path, and in the following section we discuss the basis

for finding the 75 percent utilization rate, achieved

over the period of time consistent with the glide path,

to be reasonable.

The EPA received significant public comments

expressing concern regarding the proposal’s

incorporation of the full building block 2 shift in

generation by the first year of the interim period.

These commenters perceived this approach as

requiring states to achieve such a significant portion

of the required CO2 emission reductions early in the

interim period that states would lack flexibility in

when and how they may achieve the required emission

reductions. Other commenters expressed concern that

the full extent of building block 2 would be difficult for

some states to achieve by the first year of the interim

period as a result of technical, engineering, and

infrastructure limitations or other considerations;

that such timing may crowd out other cost-effective

options for emission reductions; and that such timing

might have negative implications for reliability.

In the proposal, the EPA determined that emission

reductions are feasible and achievable at fossil fuelfired steam EGUs by shifting from more carbonintensive EGUs to less carbon-intensive EGUs, as part

of the BSER. More specifically, the EPA proposed that

generation shifts from fossil fuel-fired steam units

(which are primarily coal-fired) to NGCC units, up to

a utilization of 70 percent on a nameplate capacity

basis, could be achieved by 2020. In contrast, the EPA

proposed that reductions in CO2 emissions from fossil

fuel-fired units associated with other measures, such

as increased utilization of RE generating capacity and

increased demand-side EE, would be achievable on a

905

phased-in basis between 2020 and 2029, reflecting the

time needed for deployment. 659 In light of the

concerns noted above, in the October 2014 NODA, the

EPA solicited comment on potential rationales for

phasing in the potential to shift generation under

building block 2.660

As already noted, in the final rule the EPA has

revised the interim period to start in 2022, which itself

is a meaningful response regarding the concerns

expressed by commenters about the timing of building

block 2’s generation shift potential. In addition, the

EPA has evaluated the feasibility over time of building

block 2 within the framework of BSER, and is

finalizing a change to building block 2 that gradually

phases in the shift from existing fossil steam to

existing NGCC over the interim period. This phase-in

allows for additional time to complete potential

infrastructure improvements (e.g., natural gas

pipeline expansion or transmission improvements)

that might be needed to support more use of existing

natural gas-fired generation, and provides states with

the increased ability to coordinate actions taken under

building block 2 with actions taken under building

block 3 (deployment of new renewable capacity).

The phase-in schedule applies a limit to the

maximum building block 2 potential in each year of

the interim period based on two parameters. The first

parameter defines an amount of generation shift to

existing NGCC capacity that is feasible by 2022, and

the second parameter defines how quickly that

659 79 FR 34866.

660 79 FR 64543.

906

amount could grow until the full amount of NGCC

generation could be achieved as part of the BSER.

Both of these parameters are determined by

examining the extent to which gas-fired generation

has increased over historical time periods. The first

parameter is based on the single largest annual

increase in power sector gas-fired generation since

1990, which occurred between 2011 and 2012 and is

equal to 22 percent.661 We believe that this amount is

a conservative estimate of the ability of the sector to

increase utilization of NGCC capacity by 2022, given

that this increase has already occurred in a single year.

The second parameter is based on the average annual

growth in gas-fired generation in the power sector

between 1990 and 2012, which is approximately 5

percent per year.

In the performance rate calculation methodology,

these two parameters constrain the annual rate at

which building block 2 shifts generation from fossil

steam units to NGCC units. The interim performance

rate is an average of annual rates calculated over the

2022–2029 period. The two parameters above limit

the extent to which NGCC generation is able to

increase and replace fossil steam generation in each

year of the interim period. In the first year, NGCC

generation is limited to a maximum of a 22 percent

increase from 2012 levels in each region. In each

subsequent year, regional NGCC generation is limited

to a maximum of a 5 percent increase from the

661 US EIA Monthly Energy Review, Table 7.2b Electricity Net

Generation: Electric Power Sector (2015), available at

http://www.eia.gov/totalenergy/data/browser/xls.cfm?tbl=T07

.02B&freq=m.

907

previous year.

This phase-in continues in the

performance rate-setting methodology until the full

building block 2 level of shifting from fossil steam

generation to NGCC generation is reached. Under

this approach, building block 2 is completely phased

into the source category calculation of all regions by

the end of the interim period.

908

TABLE 7—BSER MAXIMUM NGCC GENERATION BY REGION AND YEAR (TWH)

NGCC generation (TWh)

Region

Maximum

2012

potential

(adjusted)

at 75%

2022

BSER maximum

2023

2024

2025

2026

2027

2028

2029

2030

Limit ....................

...............

.............

22%

5%

5%

5%

5%

5%

5%

5%

5%

Eastern

Interconnection ...

988

735

896

941

988

988

988

988

988

988

988

Western

Interconnection ...

306

198

242

254

267

280

294

306

306

306

306

Texas

Interconnection ...

204

137

167

176

185

194

203

204

204

204

204

909

This phase-in, in addition to the flexible nature of

the goals, ensures that the overall framework of this

final rule includes sufficient flexibility, particularly

with respect to timing of and strategies for reducing

emissions from the affected units, so that states can

develop cost-effective strategies and allow for

infrastructure improvements to occur should they

prove necessary in some locations.

3. Basis for Magnitude of Generation Shift

a. Technical feasibility of NGCC units to generate

at 75% of their capacity.

In order to estimate the potential magnitude of the

opportunity to reduce power sector CO2 emissions

through shifting generation among existing EGUs, the

EPA first examined information on the design

capabilities and availability of NGCC units.

Availability is defined as the number of hours that

generators are available to generate electricity, and it

is typically expressed as a percentage of the total

number of hours in a year. Since the value of NGCC

capacity is related to how much electricity the owner

of that capacity can generate and sell, units are

typically designed with very high availability ratings.

Baseload units have annual average availabilities of

approximately 91%–92%, and peaking units are

generally available 96% to 98% of peak hours.662 The

EPA also examined information on the historical

availability of NGCC units in practice.

This

examination showed that, although most NGCC units

Negotiating Availability Guarantees for Gas Turbine

Plants, available at: http://www.power-eng.com/articles/

print/volume-105/issue-3/features/negotiating-availabilityguarantees-for-gas-turbine-plants.html.

662

910

have historically been operated in intermediate-duty

roles for economic reasons, they are technically

capable of operating in baseload roles at much higher

annual utilization rates. Average annual availability

(that is, the percentage of annual hours when an EGU

is not in a forced or maintenance outage) for NGCC

units in the U.S. generally exceeds 85 percent, and can

exceed 90 percent for some groups.663

We also researched historical data to determine the

utilization rates that NGCC units have already

demonstrated their capability to sustain. Over the

last several years, the utilization patterns of fossil

fuel-fired units have shifted relative to historical

dispatch patterns, with NGCC units increasing

generation and many coal-fired EGUs reducing

generation. In fact, in April 2012, for the first time

ever the total quantity of electricity generated

nationwide from natural gas was approximately equal

to the total quantity of electricity generated

nationwide from coal.664 These changes in generation

patterns have been driven largely by changes over

time in the relative prices of natural gas and coal.

Although the relative fuel prices vary by location, as

do the recent generation patterns, this trend holds

across broad regions of the U.S. In the aggregate, the

historical data provide ample evidence indicating that,

663 See, e.g., North American Electric Reliability Corp., 2008–

2012 Generating Unit Statistical Brochure—All Units Reporting,

http://www.nerc.com/pa/RAPA/gads/Pages/Reports.aspx;

Higher Availability of Gas Turbine Combined Cycle, Power

Engineering (Feb. 1, 2011), http://www.power-eng.com/

articles/print/volume-115/issue-2/features/higher-availabilityof-gas-turbine-combined-cycle.html.

664 http://www.eia.gov/todayinenergy/detail.cfm?id=6990.

911

on average, existing NGCC units can achieve and

sustain utilization rates higher than their historical

average utilization rates.

Utilization of EGUs is often considered using the

metric of a capacity factor, which is the percentage of

total production potential that an electric generating

unit achieves in a given time period. A capacity factor

of 75 percent thus represents a unit producing threequarters of the electricity it could have produced in

that time had it utilized its entire capacity. The EPA

received multiple comments regarding the proposed

use of nameplate capacity in calculating the potential

utilization level of existing NGCCs under building

block 2. These comments stated that net summer

capacity is a more meaningful and reliable metric than

nameplate capacity, because net capacity best reflects

the electric output available to serve load. The EPA

agrees with these comments. The quantification of

building block 2 as well as performance rate and state

goal calculations in the final rule are all based on net

summer generating capacity. An annual utilization

rate of 75 percent on a net summer basis is similar to

the proposed rule’s consideration of 70 percent

utilization on a nameplate basis.665

The experience of relatively heavily-used NGCC

units provides an additional indication of the degree of

increase in average NGCC unit utilization that is

technically feasible.

For a given amount of net generation, a net summer

capacity factor appears higher compared to a corresponding

nameplate capacity factor because net summer capacity reflects

a lower amount of total generation potential achievable by the

unit in practice.

665

912

The EPA reexamined the historical NGCC plant

utilization rate data reported to the EIA, and found

that in 2012 roughly 15 percent of existing NGCC

plants operated at annual utilization rates of 75

percent or higher on a net summer basis.666 In effect,

these plants were providing baseload power. In

addition to the 15 percent of NGCC plants that

operated approximately at a 75 percent utilization

rate on an annual basis, some NGCC plants operated

at even higher utilization rates for shorter, but still

sustained, periods of time in response to high cyclical

demand.

For example, on a seasonal basis, a

significant number of NGCC plants have achieved

utilization rates greater than 90 percent on a net

summer basis; during the summer of 2012 (June

through August), about 30 percent of NGCC plants

operated at utilization rates of 75 percent or more

across the entire season. During the spring and fall

periods when electricity demand levels are typically

lower, these plants were sometimes idled or operated

at much lower capacity factors. Nonetheless, the data

clearly demonstrate that a substantial number of

existing NGCC plants have proven the ability to

sustain 75 percent utilization rates for extended

periods of time. We view this as strong evidence that

increasing the annual average utilization rates of

666 Net summer capacity is defined as: “The maximum output,

commonly expressed in megawatts (MW), that generating

equipment can supply to system load, as demonstrated by a

multi-hour test, at the time of summer peak demand (period of

June 1 through September 30.) This output reflects a reduction

in capacity due to electricity use for station service or auxiliaries.”

(EIA, http://www.eia.gov/tools/glossary).

913

existing NGCC units to 75 percent on a net summer

basis would be technically feasible.

The EPA believes that an annual average

utilization rate of 75 percent on a net summer basis is

a conservative assessment of what existing NGCC

plants are capable of sustaining for extended periods

of time. In 2012, roughly 10 percent of existing NGCC

plants operated at annual utilization rates of 80

percent or higher on a net summer basis. While the

EPA believes this level is also technically feasible on

average for the existing NGCC fleet, the EPA is

quantifying building block 2 assuming an NGCC

utilization level of 75% on a net summer basis in order

to offer sources additional compliance flexibility, given

that the extent to which they realize a utilization level

beyond 75 percent will reduce their need to rely on

other emission reduction measures or building blocks.

b. Historical generation shifts to NGCC generation.

In 2012, total electric generation from existing

NGCC units was 966 TWh.667 After the application of

the building block 2 potential (increasing NGCC

utilization up to a 75 percent capacity factor on a net

summer basis, including generation from NGCC units

that were under construction), the total generation

from these existing sources is assumed to be 1,498

TWh.668

The EPA believes that producing this quantity of

generation from this set of NGCC units is feasible. To

667 Appendix

1, CO2 Emission Performance Rate and Goal

Computation Technical Support Document for CPP Final Rule.

668 Appendix

1, CO2 Emission Performance Rate and Goal

Computation Technical Support Document for CPP Final Rule.

914

put this level of generation into context, NGCC

generation increased by approximately 439 TWh (an

83 percent increase) between 2005 and 2012. The EPA

calculates that assumed NGCC generation in 2022

through the quantification of building block 2

potential is approximately 44 percent higher than

2014 levels. This reflects a smaller growth rate in

potential NGCC generation between 2015 and 2022

than has been observed in practice from 2005 to 2012,

a time period of the same duration.

c.

Reliability.

We also expect that an increase in NGCC generation

of this amount would not impair power system

reliability.

Sources can achieve increases in

utilization of existing NGCCs that displace generation

from steam sources without impacting reliability

because this shift in average annual utilization across

existing EGUs does not inhibit the power sector’s

ability to maintain adequate dispatchable resources to

continue to meet reserve margins and maintain

reliability. Furthermore, sources are not required to

achieve the exact or even the full extent of the building

block 2 generation shift itself, which means that

sources will have ample flexibility to maintain

reliability-relevant operations while achieving

emission reductions through a variety of measures.669

d.

Natural gas infrastructure.

The EPA also examined the technical capability of

the natural gas supply and delivery system to provide

increased quantities of natural gas and the capability

669 See section VIII for further discussion of electric reliability

planning.

915

of the electricity transmission system to accommodate

shifting generation patterns. For several reasons, we

conclude that these systems would be capable of

supporting the degree of increased NGCC utilization

potential in building block 2. First, the natural gas

pipeline system is already supporting national

average NGCC utilization rates of 60 percent or higher

during peak hours, which are the hours when

constraints on pipelines or electricity transmission

networks are most likely to arise. NGCC unit

utilization rates during the range of peak daytime

hours from 10 a.m. to 9 p.m. are typically 15 to 20

percentage points above their average utilization rates

(which have recently been in the range of 40 to 50

percent). 670

Fleet-wide combined-cycle average

monthly utilization rates have reached 65 percent, 671

showing that the pipeline system can currently

support these rates for an extended period. If the

current pipeline and transmission systems allow these

utilization rates to be achieved in peak hours and for

extended periods, it is reasonable to expect that

similar utilization rates should also be possible in

other hours when constraints are typically less severe,

and be reliably sustained for other months of the year.

Furthermore, the NGCC utilization increase assumed

in building block 2 could occur without a significant

impact on peak demand for natural gas, including

winter demand (when the power sector’s demand for

EIA, Average utilization of the nation’s natural gas

combined-cycle power plant fleet is rising, Today in Energy, July

9,2011, http://www.eia.gov/todayinenergy/detail.cfm?id=1730#;

EIA, Today in Energy, Jan. 15, 2014, http://www.eia.gov/

todayinenergy/detail.cfm?id=14611 (for recent data).

670

671 EIA, Electric Power Monthly, February, 2014. Table 6.7.A.

916

natural gas competes with other sectors’ demands for

natural gas), since increasing annual utilization of

NGCCs could focus on non-peak periods when NGCC

capacity factors are currently low.

The second consideration supporting a conclusion

regarding the adequacy of the gas supply

infrastructure is that pipeline and transmission

planners have repeatedly demonstrated the ability to

methodically relieve bottlenecks and expand

capacity. 672 Natural gas pipeline capacity has

regularly been added in response to increased gas

demand and supply, such as the addition of large

amounts of new NGCC capacity from 2001 to 2003, or

the delivery to market of unconventional gas supplies

since 2008. These pipeline capacity increases have

added significant deliverability to the natural gas

pipeline network to meet the potential demands from

increased use of existing NGCC units. Over a longer

time period, much more significant pipeline expansion

is possible. In previous studies, when the pipeline

system was expected to face very large demands for

natural gas use by electric utilities, the pipeline

industry projected that increases of up to 30 percent in

total deliverability out of the pipeline system would be

672 See, e.g., EIA, Natural Gas Pipeline Additions in 2011,

Today

in Energy, available at

http://www.eia.gov/

todayinenergy/detail.cfm?id=5050; INGAA Foundation, Pipeline

and Storage Infrastructure Requirements for a 30 Tcf Market

(2004 update), available at http://www.ingaa.org/Foundation/

Foundation-Reports/Studies/FoundationReports/45.aspx;

INGAA Foundation, North American Midstream Infrastructure

Through 2035—A Secure Energy Future Report (2011), available

at http://www.ingaa.org/File.aspx?id=14911.

917

possible.673 There have been notable pipeline capacity

expansions over the past five years, and substantial

additional pipeline expansions are currently under

construction. 674 Further, the phasing in of building

block 2’s potential in the determination of the BSER;

the flexible nature of multi-year compliance with the

ultimate emission reduction requirements of the rule;

and the seven years between finalization of this rule

and the first year of compliance provide time for

infrastructure improvements to occur should they

prove necessary in some locations. Combining these

factors of currently observed average monthly NGCC

utilization rates of up to 65 percent, the flexibility of

the emission guidelines, the rates of historical growth,

and the availability of time to address any existing

pipeline infrastructure limitations, it is reasonable to

conclude that the natural gas pipeline system can

reliably deliver sufficient natural gas supplies to allow

NGCC utilization to increase up to an average annual

capacity factor of 75 percent on a net summer basis.

e.

Natural gas production.

We recognize that an increase in NGCC utilization

rates at existing units corresponds with an associated

increase in natural gas production, consistent with the

673 Pipeline and Storage Infrastructure Requirements for a 30

Tcf Market, INGAA Foundation, 1999 (Updated July, 2004); U.S.

gas groups confident of 30-tcf market, Oil and Gas Journal, 1999.

674 For example, between 2010 and April 2014, 118 pipeline

projects with 44,107 MMcf/day of capacity (4,699 miles of pipe)

were placed in service, and between April 2014 and 2016 an

additional 47 pipeline projects with 20,505 MMcf/day of capacity

(1,567 miles of pipe) are scheduled for completion. Energy

Information Administration, http://www.eia.gov/naturalgas/

data.cfm.

918

current trends in the natural gas industry. The EPA

expects the growth in NGCC generation assumed for

building block 2 to be feasible and consistent with the

production potential of domestic natural gas supplies.

Increases in the natural gas resource base have led to

fundamental changes in the outlook for natural gas.

There is general agreement that recoverable natural

gas resources will be substantially higher for the

foreseeable future than previously anticipated,

exerting downward pressure on natural gas prices.

According to EIA, proven natural gas reserves have

doubled between 2000 and 2012. Domestic dry gas

production has increased by 25 percent over that same

timeframe (from 19.2 TCF in 2000 to 24.0 TCF in

2012). EIA’s Annual Energy Outlook Reference Case

for 2015 projects that production will further increase

to 29.5 TCF by 2022 and 33 TCF by 2030, as a result

of increased supplies and favorable market conditions.

In the AEO 2015 high oil and gas resource case,

production is projected to increase to 42.7 TCF in 2030.

For comparison, building block 2 assumes NGCC

generation growth of 235 TWh from 2012 to reach the

level assumed for 2022, and that NGCC generation

growth would result in increased gas consumption of

less than 2 TCF for the electricity sector, which is less

than EIA’s projected increase in natural gas

production of 5.5 TCF from 2012 to 2022.

The EPA has also assessed the ability of the

electricity and natural gas industries to achieve the

potential quantified for building block 2 using the

Integrated Planning Model (IPM). IPM is a multiregional, dynamic, deterministic linear programming

model of the U.S. electric power sector that the EPA

has used for over two decades to evaluate the economic

919

and emission impacts of prospective environmental

policies. To inform its projections of least-cost capacity

expansion and electricity dispatch, IPM incorporates

representations of constraints related to fuel supply,

bulk power transmission capacity, and unit

availability.

The model includes a detailed

representation of the natural gas pipeline network and

the capability to project economic expansion of that

network based on pipeline load factors. At the EGU

level, IPM includes detailed representations of key

operational limitations such as turn-down constraints,

which are designed to account for the cycling

capabilities of EGUs to ensure that the model properly

reflects the distinct operating characteristics of

peaking, cycling, and base load units.

As described in more detail below, the EPA used

IPM to assess the costs of increasing generation from

existing NGCC capacity. IPM was able to meet

average NGCC utilization rates of 75 percent on a net

summer basis, while observing the market, technical,

and regulatory constraints represented in the model.

This modeling also demonstrates the ability of

domestic natural gas supplies to increase their

production levels, and deliver that supply through the

pipeline network, to support the level of NGCC

generation quantified in building block 2. Such a

result is consistent with the EPA’s determination that

increasing the average utilization rate of existing

NGCC units to 75 percent would be technically

feasible.

f.

Transmission planning and construction.

Achieving the generation shift quantified in

building block 2 would not impose significant

920

additional burden on the transmission planning

process and does not necessitate major construction

projects. Two considerations are important for this

conclusion:

First, building block 2 applies only to increases in

generation at existing NGCC facilities and does not

contemplate any connection of new capacity to the

bulk power grid. Second, regional grids are already

supporting operation of the NGCC units for sustained

periods of time at the capacity factors quantified in

building block 2. 675 Although some upgrades to the

grid (including potential, but modest, expansions of

transmission capacity) may be necessary to support

the extension of the time that these capacity factors

are sustained over the course of the annual time period

on which building block 2 is based, such upgrades are

part of the normal planning process around the

increased use of existing facilities. In fact, the electric

transmission system is currently undergoing

substantial expansion. 676 Consequently, EPA does

not believe that achieving the generation shift

potential in building block 2 would necessitate any

See Greenhouse Gas Mitigation Measures TSD for a

discussion of regional NGCC capacity factors.

675

676 According to the Edison Electric Institute, member

companies are planning over 170 projects through 2024, with

costs totaling approximately $60.6 billion (this is only a portion

of the total transmission investment anticipated). Approximately

75 percent of the reported projects (over 13,000 line miles) are

high voltage (345 kV and higher). Construction of transmission

lines of 345KV and above are generally major projects that are

particularly effective at carrying power of large distances.

http://www.eei.org/issuesandpolicy/transmission/Documents/

Trans_Project_lowres_bookmarked.pdf.

921

significant additional requirements for transmission

planning and construction beyond those already being

addressed at routine intervals by the power sector.

Furthermore, the phasing in of building block 2’s

potential in the determination of the BSER; the

flexible nature of multi-year compliance with the

ultimate emission reduction requirements of the rule;

and the seven years between finalization of this rule

and the first year of compliance all provide time for

infrastructure improvements to occur should they

prove necessary in some locations.

g.

Regulatory flexibility.

The final consideration supporting our view that

natural gas and electricity system infrastructure

would be capable of supporting increased NGCC unit

utilization rates at a maximum of 75% on a net

summer basis is the substantial unit-level compliance

flexibility of the emission guidelines. The final rule

does not require any particular NGCC unit to achieve

any particular utilization rate in any specific hour or

year. Thus, even if isolated natural gas or electricity

system constraints were to limit NGCC unit

utilization rates in certain locations in certain hours,

this would not prevent an increase in NGCC

generation overall across a state or broader region and

across all hours on the order assumed in the

generation shift potential quantified for building block

2.

4. Cost

Having established the technical feasibility and

quantification of the potential to replace incremental

generation at higher-emitting EGUs with generation

at NGCC facilities as a CO2 emissions reduction

922

strategy, we next turn to the question of cost. The cost

of the power sector CO2 emission reductions that can

be achieved through shifting generation among

existing fossil fuel-fired EGUs depends on the relative

variable costs of electricity production at EGUs with

different degrees of carbon intensity. These variable

costs are driven by the EGUs’ respective fuel costs and

by the efficiencies with which they can convert fuel to

electricity (i.e., their heat rates). Historically, natural

gas has had a higher cost per unit of energy content

(e.g., MMBtu) than coal in most locations, but for

NGCC units this disadvantage in fuel cost per MMBtu

relative to coal-fired EGUs is typically offset in

significant part, and sometimes completely, by a

technological heat rate advantage.

To consider the cost implications of building block 2,

the EPA expanded upon the proposal’s extensive

analysis of the magnitude and cost of CO2 emission

reductions through generation shifting within defined

areas (consistent with the application of building

blocks for performance rate- and state goal-setting),

without consideration of the availability of other

emission reduction methods ultimately available to

units for compliance.

To evaluate how EGU owners and grid operators

could respond to a state plan’s possible requirements,

signals, or incentives to shift generation from more

carbon-intensive to less carbon-intensive EGUs, the

EPA analyzed a series of scenarios in which the fleet

of NGCC units within each of the regions considered

for quantifying BSER (i.e., the three interconnections)

was directed to achieve a specified average annual

utilization rate across that region on a net basis while

maintaining a fixed level of aggregate generation in

923

that region across all existing fossil fuel-fired sources.

The EPA conducted such scenarios to address average

utilization rates of 70 percent, 75 percent and 80

percent on a net basis, allowing for shifting of fossil

generation between existing units within the regions

described above. This scenario identifies a generation

pattern that would meet electricity demand at the

lowest total cost, subject to all other specified

operating and bulk power transfer constraints for the

scenario, including the specified average NGCC unit

utilization rate.

The costs of the various scenarios were evaluated by

comparing the total costs and emissions from each

scenario to the costs and emissions from a base case

scenario. For the scenario reflecting a 75 percent

NGCC utilization rate on a net basis with regional

fossil generation shifting, comparison to the base case

indicates that the average cost of the CO2 reductions

achieved over the 2022–2030 period was $24 per short

ton of CO2. We view these estimated costs as

reasonable and therefore as supporting the use of a 75

percent net utilization rate target for purposes of

quantifying the emission reductions achievable at a

reasonable cost through the application of building

block 2 in the BSER.

We also conclude from these analyses that potential

impacts to fuel prices and electricity prices from

achieving the extent of fossil generation shifting

quantified for this building block are reasonably

within the bounds of power sector experience. For

example, in the 75 percent NGCC unit utilization rate

scenario where generation shifting is limited to

regional boundaries, the delivered natural gas price

was projected to increase by an average of 7 percent

924

over the 2022–2030 period, which is well within the

range

of

historical

natural

gas

price

677

variability.

Projected wholesale electricity price

increases over the same period were less than 4

percent, which similarly is well within the range of

historical electric price variability. These projected

impacts on prices were captured in the emission

reduction costs of these scenarios already described

above, which are reasonable and support use of a 75

percent NGCC utilization rate target for purposes of

quantifying the emission reductions achievable

through application of the BSER.

However, we also note that the costs (and their

incorporated price impacts) just described are higher

than we would expect to actually occur in real-world

compliance with the final rule’s compliance

requirements for the following reasons. First, this

analysis does not capture the building block 2 phasein, which assumes an average utilization rate over the

interim period of less than 75 percent in all three

interconnections. Second, the analysis overstates the

extent to which building block 2 is ultimately reflected

in the source category performance rates. While the

performance rate computation procedure assumes a

maximum NGCC utilization rate of 75 percent on a net

summer basis, the Eastern Interconnection’s

realization of this level of NGCC utilization yields

higher source category performance rates for steam

than what would have been calculated for units in the

677 According to EIA data, year-to-year changes in natural gas

prices at Henry Hub averaged 29.9 percent over the period from

2000 to 2013. http://www.eia.gov/dnav/ng/hist/rngwhh

dA.htm.

925

Western Interconnection and Texas Interconnection if

they realized that maximum NGCC utilization rate in

conjunction with the other building blocks. In other

words, there is substantial building block 2 potential

in the Western Interconnection and Texas

Interconnection that is not actually captured in the

source category performance rates that are ultimately

assigned to steam through this rate- and goal-setting

approach (where the performance rates are ultimately

determined by the BSER region with the highest rate

outcome in the calculation). Therefore, the building

block 2 analysis overstates the cost of this component

of BSER to the extent that it assumes achievement of

this generation shift potential that is not reflected in

the source category performance rates ultimately

determined. Third, as a practical matter, sources will

be able to achieve additional emission reductions

through other measures that may prove to be less

costly than generation shifting and could substitute

for the reductions and costs considered here. These

building block 2 analyses were focused on evaluating

the potential impacts of fossil generation shifting in

isolation, and as a result, they do not consider states’

and sources’ flexibility to choose among alternative

CO2 reduction strategies that could offer lower-cost

reductions, instead of relying on fossil generation

shifting to the extent analyzed here.

Based on the analyses summarized above, the EPA

concludes that an average annual utilization rate for

each region’s NGCC units of up to 75 percent is a

technically feasible, cost-effective, and adequately

demonstrated building block for BSER.

926

For further information on the analysis discussed in

this section, see Chapter 3 of the GHG Mitigation

Measures TSD for the CPP Final Rule.

5. Major Comments and Responses

The EPA received numerous comments regarding

building block 2. Many of these comments provided

helpful information and insights and have resulted in

improvements to the rule. This section summarizes

some of these comments, and the remainder of the

comments are responded to in the Response to

Comment document, available in the docket.

The EPA received comment regarding the potential

for an increase in upstream methane emissions from

increased utilization of natural gas. Our analysis

found that the net upstream methane emissions from

natural gas systems and coal mines and CO2 emissions

from flaring of methane will likely decrease under the

Clean Power Plan. Furthermore, the changes in

upstream methane emissions are small relative to the

changes in direct emissions from power plants. The

technical details supporting this analysis can be found

in the Regulatory Impact Analysis.

Commenters also expressed concern that neither a

utility nor any state agency controls dispatch in most

states. The EPA believes these comments fail to

adequately appreciate that the utilities do control the

dispatch of units that they own and/or operate, either

by being the actual dispatch agent in many cases

where there is no RTO or ISO that schedules the

dispatch, or by the choice of units and bids they offer

into an organized electricity market operated by an

RTO or ISO. These entities currently control the

dispatch of their units while respecting all existing

927

requirements from environmental rules. This final

rule does not change these current circumstances and

makes clear that it is the EGU that is responsible for

meeting the requirements in the state plan; the state

is responsible for the development of that plan, but the

state does not need to control the dispatch.

Other comments object to the use of a single

capacity factor for all existing NGCCs to quantify

building block 2 potential on the grounds that not all

units may be able to achieve this utilization level, and

that some units may be designed for cycling and so

may need upgrades to sustain such utilization. The

EPA disagrees with these comments. The 75 percent

capacity factor establishes a regional potential for

generation from existing NGCC capacity, and it does

not establish any individual unit requirements.

Some comments argue that generation limits in

permits for some existing NGCC units will limit the

amount by which these units can increase their

generation and thereby limit the feasibility of building

block 2. The EPA disagrees with these comments.

Although permit limits can constrain the ability of

individual units to operate above certain levels,

building block 2 was developed conservatively, with

units operating on average at a level below the

maximum levels at which some units have

demonstrated the capability to operate. No individual

unit is required to achieve the average generation

levels used to quantify building block 2. Further,

permit limits at individual units can be considered

when state plans are developed. There are many

flexibilities in the final rule, including the opportunity

to establish standards of performance that incorporate

928

emissions trading or develop plans that will respect

any existing permit limits at individual units.

The EPA also received comments asserting that

increasing generation from new renewables would

require increased use of natural gas capacity for backup and ramping, and therefore it is not possible for

NGCC units to run at BSER utilization rates and also

be available to support the additional variable

renewable generation resulting from building block 3.

The EPA disagrees with this comment. The 75% net

summer utilization rates defined by building block 2 is

a conservative assessment and applied on an annual

average basis. It is therefore possible for these

existing units to both operate at higher annual

utilization rates, and also to operate at higher rates

during limited periods and still maintain a 75% net

summer average annual utilization rate.

While

variable renewable generation does require additional

load following and ramping resources and unit cycling,

these requirements are generally a small part of the

overall ramping costs of the system (see NREL,

Relevant Studies for NERC’s Analysis of EPA’s Clean

Power Plan 111(d) Compliance). Additionally, while

existing NGCC units are an efficient source of ramping

to support variable renewables, other units running in

an intermediate mode can also provide load following

and ramping.

E. Building Block 3—New Zero-Emitting Renewable

Generating Capacity

The third element of the foundation for the EPA’s

BSER determination for reducing CO2 emissions at

affected fossil fuel-fired EGUs entails an analysis of

the extent to which generation at the affected EGUs

929

can be replaced by using an expanded amount of zeroemitting renewable electricity (RE) generating

capacity to produce replacement generation.

In this section we address first the history of and

then trends in RE development, as well as the

importance of expanding the use of RE. Next we

discuss the ability of affected EGUs to access

generation from new RE generating capacity, followed

by a discussion of renewable energy certificate (REC)

markets. We then describe the quantification of the

amount of generation from new RE generating

capacity achievable through building block 3,

including key comments, changes made from the

proposal, the method by which RE target generation

levels are quantified, and the magnitude and timing of

increases in RE generation associated with this

building block. Next, we discuss the feasibility of

implementing the identified incremental amounts of

RE generation.

Finally, we address the costs

associated with those increases in RE generation.

1. History of RE Development

RE generating technologies are a well-established

part of the utility power sector. These technologies

generate electricity from renewable resources, such as

wind, sun and water. While RE has been used to

generate electricity for over a century, the push to

commercialize RE more broadly began in the

1970s. 678 Following a series of energy crises, new

federal organizations and initiatives were established

678 Nearly all U.S. hydroelectric capacity was built before the

mid-1970s. U.S. DOE. History of Hydropower. Accessed March

2015. Available at: http://energy.gov/eere/water/historyhydropower.

930

to coordinate energy policy and promote energy selfsufficiency and security, including solar energy

legislation, the Public Utility Regulatory Policies Act

of 1978 (PURPA) and the 1980 Energy Security Act.679

PURPA was a key step in stimulating RE

development. By requiring utilities to purchase

generation from qualifying facilities (i.e., certain CHP

and RE generators) at avoided costs, PURPA opened

electricity markets to more RE generation and gave

rise to non-utility generators that were willing to try

new RE technologies. 680 In addition, since 1992,

federal tax policy has provided important financial

support via tax credits for the production of RE and

investments in RE.

States have also taken a significant lead in

requiring the development of RE resources. In

particular, a number of states have adopted renewable

portfolio standards (RPS), which are regulatory

mandates to increase production of RE. As of 2013, 29

states and the District of Columbia had enforceable

RPS or similar laws. 681 These RPS requirements

continue to drive robust near-term growth of nonhydropower RE.

679 U.S. DOE Office of Management, Timeline of Events: 1971–

1980. Accessed March 2015. Available at: http://energy.gov/

management/office-management/operational-management/

history/doe-history-timeline/timeline-events-1.

680 “Restructuring or Deregulation?” Smithsonian Museum of

American History. Accessed March 2015. Available at:

http://americanhistory.si.edu/powering/dereg/dereg1.htm.

Energy Information Administration, Annual Energy

Outlook 2014 with Projections to 2040, at LR-5 (2014).

681

931

2. Trends in RE Development

Today, RE is tightly integrated with the utility

power sector in multiple ways: States have set RE

targets for electrical load serving entities; utilities

themselves are diversifying their portfolios by

contracting with RE generators; and new RE

generators are being developed to provide more

electrical power grid support services beyond just

energy (e.g., modern electronics allow wind turbines to

provide voltage and reactive power control at all

times).682 683

Use of RE continues to grow rapidly in the U.S. In

2013, electricity generated from RE technologies,

including conventional hydropower, represented 12

percent of total U.S. electricity, up from 8 percent in

2005.684 In 2013, U.S. non-hydro RE capacity for the

total electric power industry exceeded 80,000

megawatts, reflecting a fivefold increase in just

15 years.685 In particular, there has been substantial

682 IPCC,

Renewable Energy Sources and Climate Change

Mitigation, 2012. Accessed March 2015. Available at:

http://www.ipcc.ch/pdf/special-reports/srren/SRREN_Full_

Report.pdf.

683 American Wind Energy Association. AWEA Comments on

EPA’s Proposed Carbon Pollution Emission Guidelines for

Existing Stationary Sources and Supplemental Proposed Rule. p.

107.

684 Energy Information Administration, Monthly Energy

Review,

May

2015,

Table

7.2b.

Available

at:

http://www.eia.gov/totalenergy/data/monthly/pdf/sec7_6.pdf.

685 Non-hydro RE capacity for the total electric power industry

was more than 16,000 megawatts in 1998. Energy Information

Administration, 1990–2013 Existing Nameplate and Net

Summer Capacity by Energy Source Producer Type and State

932

growth in the wind and solar photovoltaic (PV)

markets in the past decade. Since 2009, U.S. wind

generation has tripled and solar generation has grown

twentyfold.686

The global market for RE is projected to grow to

$460 billion per year by 2030.687 RE growth is further

spurred by the significant amount of existing natural

resources that can support RE production in the

U.S. 688 In the Energy Information Administration’s

Annual Energy Outlook 2015, RE generation grows

substantially from 2013 to 2040 in the reference case

and all alternative cases.689 In the reference case, RE

generation increases by more than 70 percent from

2013 to 2040 and accounts for over one-third of new

generation capacity.690

(EIA-860).

Available

data/state/.

at:

http://www.eia.gov/electricity/

Energy Information Administration, Monthly Energy

Review,

May

2015,

Table

7.2b.

Available

at:

http://www.eia.gov/totalenergy/data/monthly/pdf/sec7_6.pdf.

686

687 “Global

Renewable Energy Market Outlook.” Bloomberg

New Energy Finance, November 16, 2011. Available at

http://bnef.com/WhitePapers/download/53.

688 Lopez et al., NREL, “U.S. Renewable Energy Technical

Potentials: A GIS-Based Analysis,” (July 2012). Available at

http://www.nrel.gov/docs/fy12osti/51946.pdf.

689 Energy Information Administration, Annual Energy

Outlook 2015 with Projections to 2040 (2015), p. 25. Available at

http://www.eia.gov/forecasts/aeo/pdf/0382(2015).pdf.

Energy Information Administration, Annual Energy

Outlook 2015 with Projections to 2040 (2015), p. ES-6–7.

Available

at

http://www.eia.gov/forecasts/aeo/pdf/0382

(2015).pdf.

690

933

The recent and projected growth of RE is in part a

reflection of its increasing economic competitiveness.

Numerous studies have tracked capital cost reductions

and performance improvements for RE, particularly

for solar and wind. For instance, Lazard’s analysis of

wind and utility-scale solar PV levelized costs of

energy (LCOE), on an unsubsidized basis, over the last

five years found the average percentage decrease of

high and low of LCOE ranges were 58 percent and 78

percent, respectively. 691 Analyses of wind’s

competitiveness found falling wind turbine LCOE

while the wind industry developed projects at lower

wind speed sites using new turbine designs (e.g.,

increased turbine hub heights and rotor diameters).

Performance improvements have come from novel

deployments of new turbines designed for lower

quality wind sites that are deployed at higher quality

wind sites, which have resulted in capacity factor

increases for these locations. 692 693 For utility-scale

solar, cost and performance have also improved

significantly. Analysis has shown that the installed

price of solar photovoltaics (PV) systems, prior to any

incentives, has declined substantially since 1998.

Capacity-weighted average prices of solar PV in

utility-scale deployments were 40 percent lower in

691 Lazard, Levelized Cost of Energy Analysis-Version 8.0,

September 2014, p. 9, Available at: http://www.lazard.com/

media/1777/levelized_cost_of_energy_-_version_80.pdf.

692 “2013 Wind Technologies Market Report,” LBNL, August

2014. Available at http://emp.lbl.gov/sites/all/files/2013_

Wind_Technologies_Market_Report_Final3.pdf.

693 “2013

Cost of Wind Energy Review,” NREL, Feb 2015.

Available at: http://www.nrel.gov/docs/fy15osti/63267.pdf.

934

2013 than five years earlier. 694 695 Initially, price

declines were partially driven by oversupply and

manufacturers’ thin margins, but, in 2014, prices have

remained low due to reductions in manufacturing

costs. 696 The capacity factors of new utility-scale

installations have increased as systems are optimized

to maximize energy production. For example, a

growing number of utility-scale PV systems are

increasing the direct current capacity of the solar

array relative to the alternating current rating of the

array’s inverter to increase energy production and

improve project economics. 697

The cost and

performance improvements for wind and solar are

driven by increased scale of production, improved

technologies,

and

advancements

in

system

deployments.

3. Importance of Increasing Use of RE

Currently, the utility power sector accounts for 40

percent of total annual energy consumption in the

U.S.698 Introducing more zero-emitting RE generation

694 “Tracking

the Sun VII” LBNL, Sept 2014. Available at:

http://emp.lbl.gov/publications/tracking-sun-vii-historicalsummary-installed-price-photovoltaics-united-states-1998-20.

695 “Photovoltaic System Pricing Trends,” NREL, 22 Sept 2014.

Available at: http://www.nrel.gov/docs/fy14osti/62558.pdf.

696 “Revolution Now—The Future Arrives for Four Clean

Energy Technologies—2014 Update,” DOE, Oct 2014. Available

at: http://energy.gov/sites/prod/files/2014/10/f18/revolution_

now_updated_charts_and_text_october_2014_1.pdf.

697 “Utility-Scale Solar 2013,” LBNL, Sept 2014. Available at:

http://emp.lbl.gov/publications/utility-scale-solar-2013empirical-analysis-project-cost-performance-and-pricing-trends.

698 U.S.

Review,

Energy Information Administration Annual Energy

2011. Accessed March 2015. Available at:

935

over the long term could significantly reduce CO2

emissions, as production of RE predominantly

replaces fossil fuel-fired generation and thereby avoids

the emissions from that replaced generation.

A number of studies and recent policy developments

have acknowledged RE as an important means of

achieving CO2 reductions.

California cited the

reduction of CO2 emissions from electrical generations

as one of the reasons for increasing its RE target from

20 percent to 33 percent by 2020 (and potentially 50

percent by 2030). 699 A recent IPCC report also

concluded that RE has large potential to mitigate CO2

emissions.700

Increased use of RE provides numerous benefits in

addition to lower CO2 emissions.

RE typically

consumes less water than fossil fuel-fired EGUs.

Wind power and solar PV systems do not require the

use of any water to generate electricity; water is only

needed for cleaning to ensure efficient operation. In

contrast, utility boilers, in particular, require large

http://www.eia.gov/totalenergy/data/monthly/pdf/flow/prim

ary_energy.pdf.

699 California S.B. 2 (1X), 2011. Accessed March 2015.

Available at: http://www.leginfo.ca.gov/pub/11-12/bill/sen/

sb_0001-0050/sbx1_2_bill_20110412_chaptered.pdf.

700 IPCC,

Renewable Energy Sources and Climate Change

Mitigation, 2012. Accessed March 2015. Available at:

http://www.ipcc.ch/pdf/special-reports/srren/SRREN_Full_

Report.pdf.

936

quantities of water for steam generation and

cooling.701

Increasing RE use will also continue to lower other

air pollutants (e.g., fine particles, ground-level ozone,

etc.). In addition, the RIA notes that increasing RE

will diversify energy supply, hedge against fossil fuel

price increases and create economic development and

jobs in manufacturing, installation, and other sectors

of the economy.

4. Access to RE by Owners of Affected EGUs

The ability of affected EGUs to co-locate or obtain

incremental RE to reduce CO2 emissions is welldemonstrated, whether it is through direct ownership,

bilateral contracts, or procurement of the

environmental attributes associated with RE

generation. 702 Consequently, the EPA believes that

an increase in RE is a proven way to reduce CO2

emissions at affected EGUs of all types at a reasonable

cost.

Owners and operators of affected EGUs across the

U.S. already have substantial opportunities to procure

RE regardless of their organizational structure and/or

business model. In many parts of the country, EGUs

are owned and operated by vertically integrated

utilities.

These utilities can be investor-owned

utilities that operate under traditional electricity

regulation, municipal utilities (munis), or electric

EPA, Water Resource Use. Accessed on March 2015.

Available at: http://www.epa.gov/cleanenergy/energy-andyou/affect/water-resource.html.

701

702 Refer to the GHG Mitigation Measures TSD for additional

information on RE ownership and co-location.

937

cooperatives (co-ops). These utilities have significant

control over the types of generating capacity they

develop or acquire, and over the electricity mix used to

meet demand within their service territories.

Even when EGU owners participating in organized

markets do not directly determine dispatch among

energy sources, such EGU owners make decisions

about what types of capacity they choose to develop

and thus what generation mix they can ultimately

supply into that market’s dispatch choices. Because

zero-emitting RE technologies have relatively low

variable costs, an EGU owner’s decision to install (or

to finance the installation of) RE capacity will yield

lower-cost electricity generation that, when available,

a system dispatcher will prefer over higher-variablecost generation from fossil fuel-fired capacity.

Therefore, all owners of affected EGUs have a direct

path for replacing higher-emitting generation with RE

regardless of their organizational type and regardless

of whether they operate in a cost-of-service framework

or in a competitive, organized market.

Many affected EGUs have already directly invested

in RE. Of the 404 entities that owned part of at least

one affected EGU under this rule, 178 also owned RE

(biomass, geothermal, solar, water or wind). These

178 owners owned 82 percent of affected EGU capacity.

As a whole, these entities’ share of RE capacity was

equal to 25 percent of the total of their affected EGU

capacity.703

703 SNL Energy. Data used with permission. Accessed on June

9, 2015.

938

Some of the largest owners of affected EGUs also

owned RE (see Table 8). For example, NRG Energy,

Inc. owns more than 3,000 megawatts of RE capacity,

over 20 percent of which (nearly 800 megawatts) is

solar, and almost 80 percent of which (over 2,500

megawatts) is wind. Duke Energy Corporation owns

175 megawatts of solar and over 1,500 megawatts of

wind. NextEra Energy, Inc.’s share of RE capacity

approaches 40 percent of their total affected EGU

capacity.704 Table 8 lists a sampling of affected EGUs

that have large amounts of fossil fuel-fired capacity

and RE capacity:

704 Ibid.

939

TABLE 8—SAMPLE OF OWNERS OF AFFECTED EGUS AND RE CAPACITY 705 706

Ultimate parent

NRG Energy, Inc. ..........................................................................

Duke Energy Corporation .............................................................

Southern Company ........................................................................

American Electric Power Company, Inc. ......................................

NextEra Energy, Inc......................................................................

Calpine Corporation ......................................................................

Tennessee Valley Authority ..........................................................

Berkshire Hathaway Inc. ..............................................................

FirstEnergy Corp. ..........................................................................

Exelon Corporation ........................................................................

Nebraska Public Power District....................................................

Basin Electric Power Cooperative.................................................

American Municipal Power, Inc. ...................................................

Sacramento Municipal Utility District .........................................

Golden Spread Electric Cooperative, Inc. .....................................

Affected EGU

capacity (MW)

48,787

39,028

37,168

34,940

29,471

23,878

21,717

18,899

16,175

10,283

2,003

1,526

1,112

925

521

705 SNL Energy. Data used with permission. Accessed on June 9, 2015.

706 eGRID, EPA. 2012 Unit-Level Data Using the eGRID Methodology.

Renewable

capacity (MW)

3,149

5,526

3,245

1,142

11,626

1,509

5,427

6,650

1,371

3,361

90

275

53

834

78

940

Large vertically integrated utilities generally have

multiple options for investing in RE, including

building their own RE capacity or procuring RE under

a long-term power purchase agreement. Municipal

utilities and rural cooperatives that own generating

asset portfolios, particularly generation and

transmission cooperatives and larger municipal

utilities, have also used RE to reduce carbon emissions.

Large generation and transmission cooperatives also

purchase significant quantities of RE for their

members. Federal power authorities own or contract

for significant amounts of RE.707 708

The list of ten electric utilities with the largest

amounts of wind power capacity on the system (owned

or under contract) includes a variety of affected EGU

organizational structures, including vertically

integrated investor-owned utilities, municipal utilities,

and federal power authorities. Xcel Energy and

Berkshire Hathaway Energy rank first and second

with 5,736 megawatts and 4,992 megawatts of wind

capacity, respectively. Tennessee Valley Authority, a

federal power authority, had 1,572 megawatts and

CPS Energy, a public utility, had 1,059 megawatts of

wind power capacity. 709 Basin Electric Power

707 American Wind Energy Association. AWEA Comments on

EPA’s Proposed Carbon Pollution Emission Guidelines for

Existing Stationary Sources and Supplemental Proposed Rule. pp.

88–91.

708 Solar Energy Industries Association. Comments to the EPA

and States on the Proposed Clean Power Plan Regulating

Existing Power Plants Under Section 111(d) of the Clean Air Act.

pp. 98–147.

709 American

Wind Energy Association. U.S. Wind Industry

Annual Market Report (2014 data). Accessed July 2015.

941

Cooperative had 716 megawatts and was the top

ranked cooperative utility, but is not on the top ten

utilities with wind power capacity list.

Many affected EGUs are already planning on

deploying significant amounts of RE according to their

integrated resource plans (IRPs). Electric utilities use

IRPs to plan operations and investments over long

time horizons. These plans typically cover 10 to 20

years and are mandated by public utility commissions

(PUCs). A recent study of IRPs, included in the docket

for this rulemaking, shows this trend.710 For instance,

Dominion plans for over 800 megawatts of wind and

solar in their 2015 to 2029 planning period.711 Duke

Energy Carolinas’ IRP has no plans for new coal, but

describes plans for roughly 1,250 megawatts of

additional RE by 2021, and approximately 2,150

megawatts by 2029. A significant portion (1,670

megawatts) of the planned RE is solar.712 Ameren is

Available at http://www.awea.org/AnnualMarketReport.aspx?

ItemNumber=7422&RDtoken=64560&userID=. The ten largest

electric utilities with wind power capacity on the system (owner

or under contract) includes: Xcel Energy; Berkshire Hathaway

Energy; Southern California Edison; American Electric Power;

Pacific Gas & Electric; Tennessee Valley Authority; San Diego

Gas & Electric; CPS Energy; Los Angeles Department of Water

& Power; and Alliant Energy.

710 See memo entitled “Review of Electric Utility Integrated

Resource Plans” (May 7, 2015).

711 Dominion North Carolina Power’s and Dominion Virginia

Power’s Report of Its Integrated Resource Plan, August 2014.

Available at: https://www.dom.com/library/domcom/pdfs/

corporate/integrated-resource-planning/nc-irp-2014.pdf.

712 Duke

Energy Carolinas’ 2014 Integrated Resource Plan,

September 2014. Available at: http://starw1.ncuc.net/NCUC/

ViewFile.aspx?Id=c3c5cbb5-51f2-423a-9dfc-a43ec559d307.

942

planning to retire one-third of the coal generating

capacity, as well as installing an additional

400 megawatts of wind, 445 megawatts of solar, and

28 megawatts of hydroelectric generating capacity.713

Independent power producers (IPPs) also can and do

own both RE and fossil generation. For example, NRG

is a diversified IPP that operates substantial coal,

natural gas, wind, solar, and nuclear capacity. NRG

demonstrates the ability of IPPs to reduce utilization

of fossil fuel-fired EGUs and replace that generation

with RE. NRG announced a goal to cut CO2 emissions

from its fleet by 50 percent by 2030 (from a 2014

baseline).714 NRG has already reduced CO2 emissions

from its fleet by 40 percent since 2005.

This

achievement demonstrates that when an IPP commits

to shifting its generation portfolio, it can do so at

reasonable cost and without reliability impacts. The

NRG example shows that reduced utilization of fossil

fuel-fired EGUs that is replaced by RE also owned by

the EGU owner is adequately demonstrated.

EGU owners can also replace fossil fuel-fired

generation with RE through bilateral contracts and

REC purchases, as described below. Both the bilateral

market for RE contracts and REC markets are welldeveloped. There are no legal or technical obstacles to

a fossil fuel-fired EGU owner acting as the

713 Integrated

Resource Plan Update, October 2014.

Available at: https://www.ameren.com/missouri/environment/

renewables/ameren-missouri-irp.

714 NRG, “NRG Energy Sets Long-Term Sustainability Goals

at Groundbreaking of ‘Ultra-Green’ New Headquarters” (Nov. 20,

2014). Available at http://investors.nrg.com/phoenix.zhtml?

c=121544&p=irolnewsArticle&ID=1991552.

943

counterparty of a bilateral contract for purchase of

energy from a RE facility. Any type of EGU owner

(utility or otherwise) can purchase and retire RECs.

The fact that RECs are purchased by a diverse set of

market participants—including residential consumers,

commercial businesses, and industrial facilities—

demonstrates that such a purchase for all EGU owners

is adequately demonstrated.

5. REC Markets

Affected EGU owners do not need to directly invest

in, or own, renewable generating capacity in order to

replace fossil fuel-fired generation with RE as an

emission reduction measure. RECs are used to

demonstrate compliance with state RE targets, such

as state RPS, and also to substantiate claims

stemming from RE use.

RECs are tradable

instruments that are associated with the generation of

one megawatt-hour of RE and represent certain

information or characteristics of the generation, called

attributes. 715 RECs may be traded and transferred

regardless of the actual energy flow.

The legal basis for RECs is established by state

statutes and administrative rules. Nearly all states

with a mandatory RPS have established RECs as a

means of compliance. The Federal Energy Regulatory

Commission (FERC) has observed that states created

RECs to facilitate programs designed to promote

increased use of RE, and that “attributes associated

EPA Green Power Partnership, Renewable Energy

Certificates July 2008). Available at http://www.epa.gov/

greenpower/documents/gpp_basics-recs.pdf.

715

944

with the [RE] facilities are separate from, and may be

sold separately from, the capacity and energy.”716

In complying with states’ RPS requirements,

utilities have contracted for RECs from in-state and

out-of-state resources in accordance with RPS

requirements. Utilities may have sourced RECs from

out-of-state to reduce the cost of compliance, to source

RECs from specific generation types, or for other

reasons.717

The development of REC markets to facilitate RPS

compliance provides evidence that markets can

develop to facilitate compliance with rate-based state

plans. These markets will afford affected EGU owners

an alternative to directly invest in, or own, renewable

generating capacity in order to replace fossil fuel-fired

generation with RE as an emission reduction measure.

6. Quantification of RE Generation Potential for

BSER and Major Comments

The methodology for quantifying RE generation

levels under building block 3 is a modified version of

the alternative RE approach from proposal, with

adjustments that reflect the data and information the

716 FERC Docket No. EL03-133-000, Petition for Declaratory

Order and Request for Expedited Consideration, American RefFuel Company, Covanta Energy Group, Montenay Power

Corporation, and Wheelabrator Technologies, Inc. June 16, 2003,

Order Granting Petition for Declaratory Ruling, October 1, 2003.

American Ref-Fuel Co. et al., 105 FERC ¶ 61,004 (2003); and

Order Denying Rehearing. April 15, 2004. 107 FERC ¶ 61,016

(2004). Available online at: http://www.ferc.gov/whatsnew/comm-meet/041404/E-28.pdf (accessed 11/7/2014).

717 Heeter, J. Quantifying the Level of Cross-State Renewable

Energy

Transactions.

NREL

2015.

Available

http://www.nrel.gov/docs/fy15osti/63458.pdf.

at

945

EPA collected through stakeholder comments and the

EPA’s additional analysis and information collection.

In evaluating the proposed and alternative RE

approaches commenters observed that RPS, as the

basis for quantifying RE generation levels under the

proposed approach, are policy instruments that states

may choose to implement for a variety of reasons not

related to CO2 emission reductions. Additionally,

differences across RPS policies in eligible resources,

crediting mechanisms, deliverability requirements,

alternative compliance payments, and other policy

elements made the regional averaging of state-level

RPS requirements challenging. Finally, commenters

provided data demonstrating that RE resource

potential can vary significantly within the regions

identified under the proposed approach, producing

state-level RE generation levels that may not be

aligned with the opportunity to deploy incremental RE

resources at reasonable cost. In contrast, commenters

argued that a methodology similar to the alternative

RE approach, which is based on economic potential,

represents a more technically sound basis for

quantifying building block 3 target generation levels

that accounts for regional differences in RE resources

and power market conditions, such as projected fuel

prices, load growth and wholesale power prices. The

EPA agrees with these comments.

Within the framework of the alternative RE

approach, the EPA received significant comments on a

number of issues, including the use of historical

deployment rates, the interstate nature of RE and the

power system, merits of total versus incremental RE

generation as the metric by which building block 3

generation levels are quantified, types of RE

946

technologies that contribute to those generation levels,

cost and performance estimates associated with those

RE technologies, magnitude of the reduced cost

applied to new RE capacity as an incentive to deploy,

and application of a nationally uniform benchmark

development rate to modeled projections of economic

deployment.

Based on commenter data and

information, as well as further analysis and

information collection, the primary adjustments the

EPA made to the alternative RE approach are:

• The basis for quantifying building block 3

generation has been modified to incorporate historical

deployment patterns for RE technologies as well as the

economic potential identified through modeling

projections. The introduction of historical capacity

additions to the final methodology further grounds

building block 3 generation in demonstrated levels of

RE deployment that have been successfully

incorporated into the power system. This adjustment

also serves to harmonize the approach across all three

building blocks in which historical data is the primary

basis for identifying emission reduction opportunities

under the BSER.

• The RE technologies used to quantify building

block 3 generation levels are onshore wind, utilityscale solar PV, concentrating solar power (CSP),

geothermal and hydropower.

Each of these

technologies is a utility-scale, zero-emitting resource

that was included under the alternative RE approach

at proposal.

Additionally, the EPA received

significant comments on the opportunities and

challenges

associated

with

distributed

RE

technologies. Distributed technologies, as a demandside resource, present unique data and technical

947

challenges (such as the role of evaluation,

measurement and verification (EM&V) procedures in

verifying their production, the diverse economic

incentives of different parties involved in their

deployment, and the variety of grid integration

policies and conditions across potential deployment

sites) that complicate identifying a technically feasible

and cost-effective level of generation. Consequently,

the EPA is, at this time, choosing not to include

distributed technologies as part of the BSER (although,

as explained in section VIII.K of this preamble,

distributed RE technologies that meets eligibility

criteria may be used for compliance). Finally, any RE

technology that has not been deployed in the U.S.,

including demonstrated RE technologies for which

there is clear evidence of technical feasibility and costeffectiveness (e.g., offshore wind), contributes no

generation to building block 3 under this historicallybased methodology.

These RE technologies are

consequently reserved for compliance, which offers

affected EGUs additional flexibility and will reduce

their need to rely on other emission reduction

measures or building blocks.

•

Building block 3 generation levels are expressed

in terms of incremental, rather than total, RE

generation. As a metric, incremental generation is

better aligned with quantifying an amount of

expanded RE to replace generation at affected

EGUs. 718 Specifically, the generation levels under

718 Consistent with the October 2014 NODA, the final goal-

setting methodology assumes replacement of affected EGU

generation by incremental building block 3 generation in

calculating source-specific CO2 emission performance rates. For

948

building block 3 include generation from capacity that

commenced operation subsequent to 2012 (the data

year on which the BSER is evaluated). Commenters

remarked that it is unnecessary to include generation

from RE capacity that was already in operation by

2012 in building block 3 because the impact of that

generation on fossil fuel-fired EGUs is already

reflected in the observed 2012 emissions and

generation data of those EGUs.

• Due to the interstate nature of RE and the

power system, and consistent with the rationale

provided in the October 2014 Notice of Data

Availability (NODA), building block 3 generation

levels are quantified for each of the three BSER

regions—the Eastern Interconnection, Western

Interconnection, and Texas Interconnection—rather

than at the state-level. This regionalized approach, as

described in the NODA, takes into account the

opportunity to develop regional RE resources and thus

better aligns building block 3 generation levels with

the rule’s approach to allowing the use of qualifying

out-of-state renewable generation for compliance.

• Commenters observed that the cost and

performance estimates the EPA relied on at proposal

from the Energy Information Administration’s Annual

Energy Outlook 2013 do not reflect the decline in cost

and increase in performance that have been

demonstrated by current projects, particularly in

regards to wind and solar technologies. Commenters

provided data from a variety of sources to support

these claims, including Lawrence Berkeley National

additional information on the goal-setting methodology, refer to

Section VI.

949

Laboratory (LBNL), the Department of Energy (DOE)

and Lazard. Each of these sources supported the

contention that RE technologies, particularly wind

and solar, have realized gains in cost and efficiency at

a scale that has altered the competitive dynamic

between RE and conventional resources. As a result,

it has become increasingly necessary for any long-term

outlook of the utility power sector to continually assess

the development of RE technology cost and

performance trends. In performing this task, the EPA

revised its data for onshore wind and solar

technologies to reflect the mid-case estimates from the

National Renewable Energy Laboratory’s (NREL’s)

2015 Annual Technology Baseline. The EPA selected

the NREL 2015 Annual Technology Baseline (ATB)

estimates based on the quality of its data as well as

NREL’s demonstrated success in both reflecting and

anticipating RE cost and performance trends. In

addition to wind and solar technologies, the EPA

evaluated hydropower deployment potential based on

the latest cost and performance data from NREL’s

Renewable Energy Economic Potential study.719

• The benchmark development rate that

constrained cost-effective RE deployment under the

alternative RE approach in the proposal has been

removed from the final methodology.720 Commenters

detailed several issues with applying the benchmark

719 For additional information on the updated RE cost and

performance assumptions used to quantify building block 3

generation, refer to the GHG Mitigation Measures TSD.

720 The technical potential limiter was a nationally uniform,

technology-specific limit on cost-effective RE deployment based

on the amount of 2012 generation in a state as a share of that

state’s total technical potential.

950

development rate, including that it does not factor in

the total size of the RE resource in a given state and is

inconsistent with a regional approach to quantifying

target generation levels. EPA agrees with these

comments and the benchmark development rate has

been eliminated.

In addition to the comments described above, the

EPA received significant comments on a wide variety

of topics related to building block 3. Many of these

comments provided helpful information and insights,

and have resulted in improvements to the final rule.

These comments, as well as the EPA responses, are

available in the Response to Comment document.

The final methodology for quantifying incremental

RE target generation levels contains seven steps.

Each step is described below.721

First, the EPA collected data for each RE technology

(onshore wind, utility-scale solar PV, CSP, geothermal

and hydropower) to determine the annual change in

capacity over the most recent five-year period. From

these data, the EPA calculated the five-year annual

average change in capacity and the five-year

maximum annual change in capacity for each

technology.

Second, the EPA determined an appropriate

capacity factor to apply to each RE technology that

would be representative of expected future

performance from 2022 through 2030. For this

purpose the EPA relied on NREL’s ATB.

721 For supporting data, documentation, and examples for each

step of the quantification methodology, refer to the GHG

Mitigation Measures TSD.

951

Third, the EPA calculated two generation levels for

each RE technology. The first generation level is the

product of each technology’s five-year average capacity

change and the assumed future capacity factor. The

second generation level is the product of each

technology’s five-year maximum annual capacity

deployment and the assumed future capacity factor.

Table 9 below shows the data and assumptions used

for these calculations.

952

TABLE 9—HISTORICAL CAPACITY CHANGES AND ASSOCIATED GENERATION LEVELS

Utility-Scale Solar PV722 .......

CSP..........................................

Onshore Wind .........................

Geothermal ..............................

Hydropower .............................

Total Generation ...............

Assumed

future

capacity

factor

(percent)

Five-Year

average

capacity

change

(MW)

20.7

34.3

41.8

85.0

63.8

N/A

1,927

251

6,200

142

141

N/A

Generation

associated

with five

yearaverage

capacity

change

(MWh)

3,494,268

754,175

22,702,416

1,057,332

788,032

28,796,222

Maximum

annual

capacity

change

(MW)

3,934

767

13,131

407

294

N/A

Generation

associated

with

maximum

annual

capacity

change

(MWh)

7,133,601

2,304,590

48,081,520

3,030,522

1,643,131

62,193,363

722 Capacity values for utility-scale solar PV are expressed in terms of MWDC. The assumed future capacity

factor for this utility-scale solar PV includes a DC-to-AC conversion, enabling the generation totals to be

combined across all RE technologies.

953

Fourth, the EPA quantified the RE generation from

capacity commencing operation after 2012 that can be

expected in 2021 (the year before this rule’s first

compliance period) without the imposition of this rule.

Because building block 3 is focused on the ability of

fossil fuel-fired EGUs to reduce their emissions by

deploying incremental RE, it is reasonable to take into

account the considerable amount of RE deployment

that is already taking place and is projected to

continue doing so before considering the additional

deployment that would be motivated by this rule’s

mandate to reduce emissions from affected EGUs. The

EPA considered its base case power sector modeling

projections using IPM to quantify this component of

future-year RE generation, which the EPA assumes to

be 213,084,125 megawatt-hours in 2021.

Fifth, the EPA applied the generation associated

with the five-year average capacity change to the first

two years of the interim period. Combining the

projected 2021 RE generation from capacity starting

operation after 2012 with the generation increment

associated with the five-year average change in

capacity produces 241,880,347 megawatt-hours in

2022 and 270,676,570 megawatt-hours in 2023. The

EPA believes it is appropriate to apply the generation

associated with the five-year average capacity change

for the first two years of the interim period to ensure

adequate opportunity to plan for and implement any

necessary RE integration strategies and investments

in advance of the higher RE deployment levels

assumed for later years.

Sixth, for all years subsequent to 2023 the EPA

applied the generation associated with the maximum

annual capacity change from the historical data

954

analysis. In 2024, this produces a building block 3

generation level of 332,869,933 megawatt-hours

(aggregated across all three BSER regions); by 2030,

that generation level is 706,030,112 megawatt-hours.

Seventh, to further evaluate the technical feasibility

and cost-effectiveness of the building block 3

generation levels (aggregated across all three BSER

regions), as well as to produce interconnection-specific

levels of building block 3 generation from the national

totals described in steps 5 and 6, the EPA conducted

analysis using IPM of a scenario directing the power

sector to achieve those RE generation levels. IPM

modeling projections assess opportunities for RE

deployment in an integrated framework across power,

fuel, and emission markets. The modeling framework

incorporates a host of constraints on the deployment

of RE resources, including resource constraints such

as resource quality, land use exclusions, terrain

variability, distance to existing transmission, and

population density; system constraints such as

interregional transmission limits, partial reserve

margin credit for intermittent RE installations,

minimum turndown constraints for fossil fuel-fired

EGUs, and short-term capital cost adders to reflect the

potential added cost due to competition for scarce labor

and materials; and technology constraints such as

construction lead times and hourly generation profiles

for

non-dispatchable

resources

by

723

Additionally, the EPA assumes in this

season.

analysis that deployment of variable, nondispatchable RE resources is limited to 20 percent of

723 Refer to GHG Mitigation Measures TSD for more detail on

modeling methodology.

955

net energy for load by technology type and 30 percent

of net energy for load in total at each of IPM’s 64

U.S. sub-regions.724 The 30 percent constraint applied

to variable, non-dispatchable RE resources reflects

levels commonly modeled in grid integration studies at

the level of the interconnection. These studies have

demonstrated that impacts to the grid in reaching

levels as high as 30 percent of net energy for load are

relatively minor.725 For example, the Western Wind

and Solar Study Phase 2 found cycling costs ranged

from $0.14 to $0.67 per megawatt-hour of added wind

and solar generation. These integration cost levels are

not impactful in determining cost-effectiveness. As

such, applying the 30 percent constraints at the IPM

sub-region level is very conservative and provides a

high degree of assurance that the RE capacity

724 Regions that have already exceeded these limits are held at

historical percent of net energy for load.

725 2013

Wind Technologies Market Report. LBNL. August

2014. Available at http://emp.lbl.gov/sites/all/files/2013_

Wind_Technologies_Market_Report_Final3.pdf.

Grid Integration and the Carrying Capacity of the U.S. Grid to

Incorporate Variable Renewable Energy. NREL. Cochran et al.,

April 2015. http://energy.gov/sites/prod/files/2015/04/f22/

QER%20Analysis%20%20Grid%20Integration%20and%20the%2

0Carrying%20Capacity%20of%20the%20US%20Grid%20to%20I

ncorporate%20Variable%20Renewable%20Energy_1.pdf.

The Western Wind and Solar Integration Study Phase 2.

NREL. Lew et al., 2013. Available at http://www.nrel.gov/docs/

fy13osti/55588.pdf. Refer to GHG Mitigation Measures TSD for

further analysis.

956

deployment pattern projected by the model would not

incur significant grid integration costs.726

In addition to facilitating the EPA’s assessment of

the feasibility and cost of reaching the aggregate

building block 3 generation levels across all three

BSER regions, the IPM projections also provide the

EPA with a basis for apportioning those generation

levels to each interconnection. The EPA considered

the projected regional location of the evaluated RE

deployment in this analysis, which shows the majority

of such deployment occurring in the Eastern

Interconnection. The GHG Mitigation Measures TSD

describes in greater detail the process by which the

EPA calculated the apportionment of building block 3

generation levels to each of the BSER regions, taking

these modeling projections into account. Table 10

describes the annual building block 3 generation levels

for each interconnection from 2022 through 2030.

726 Refer to the GHG Mitigation Measures TSD for additional

information on constraints related to deployment of nondispatchable RE.

957

TABLE 10—BUILDING BLOCK 3 GENERATION LEVELS (MWH).

Year

2022 ........................................................

2023 ........................................................

2024 ........................................................

2025 ........................................................

2026 ........................................................

2027 ........................................................

2028 ........................................................

2029 ........................................................

2030 ........................................................

Eastern

interconnection

166,253,134

181,542,775

218,243,050

254,943,325

291,643,600

328,343,875

365,044,150

401,744,425

438,444,700

Western

interconnection

56,663,541

60,956,363

75,244,721

89,533,078

103,821,436

118,109,793

132,398,151

146,686,508

160,974,866

Texas

interconnection

18,963,672

28,177,431

39,382,162

50,586,893

61,791,623

72,996,354

84,201,085

95,405,816

106,610,547

958

Through the quantification methodology detailed

above, the EPA has identified amounts of incremental

RE generation that are reasonable, rather than the

maximum amounts that could be achieved while

preserving the cost-effectiveness of the building block.

For example, assuming gradual improvement in RE

technology capacity factors consistent with historical

trends, expanding the portfolio of RE technologies that

contribute to the building block 3 generation level, and

applying the five-year maximum capacity change

values to all years of the interim period are

adjustments that would produce higher building block

3 generation levels and maintain the primacy of

historical data in quantifying RE generation potential.

External analysis and studies of RE penetration levels

strongly support the technical feasibility and costreasonableness of RE deployment well in excess of the

levels established by building block 3, as detailed in

section V.E.7. By identifying reasonable rather than

maximum achievable amounts, we are increasing the

assurance that the identified amounts are achievable

by the source category and providing greater flexibility

to individual affected EGUs to choose among

alternative measures for achieving compliance with

the standards of performance established for them in

their states’ section 111(d) plans.

7. Feasibility of RE Deployment

The 2030 level of RE deployment and the rate of

progress during the interim period in getting to that

level are well supported by comments received, DOE

and NREL analysis, and external studies evaluating

the costs of and potential for RE penetration. The EPA

has assessed the feasibility of RE in terms of

deployment potential, system integration, reliability,

959

backup capacity, transmission investments, and RE

supply chains.

Historical RE deployment rates are a strong

indication of the feasibility of the 2030 level of

deployment and interim period pathway. The use of

RE continues to grow rapidly in the U.S. In 2013,

electricity generated from RE, including conventional

hydropower, represented 12 percent of total U.S.

electricity, up from 8 percent in 2005. In particular,

there has been substantial growth in the wind and

solar markets in the past decade. Since 2009, wind

energy has tripled and solar has grown tenfold.

The expected future capacity installations in 2022–

2030 needed to reach the 2030 level of incremental RE

generation are consistent with historical deployment

patterns. Forecasts by Cambridge Energy Research

Associates (CERA) of 17 gigawatts in 2015 and

historical deployment of 16 gigawatts in 2012 are

significant. The average deployment of wind over the

past five years was 6,200 megawatts per year; 2014

deployment of solar PV, both distributed and utilityscale, was 6,201 megawatts. This contribution from

solar PV is consistent with the rapid reduction in costs

that is currently being observed and is expected to

continue.

Grid operators are reliably integrating large

amounts of RE, including variable, non-dispatchable

RE today. For example, Iowa and South Dakota

produced more than 25 percent of their electricity from

wind in 2013, with a total of nine states above 12

percent and 17 states at more than 5 percent.

California served nearly 19 percent of total load in

2013 with RE resources, not including behind-the-

960

meter distributed solar resources, and approximately

25 percent of total load with RE in 2014. On an

instantaneous basis, California is regularly serving

above 25 percent of load with RE resources, recently

began seeing over 5,000 megawatt-hours of solar

energy, and is on track for 33 percent of load with no

serious reliability or grid integration issues. Germany

exceeded 28 percent non-hydro RE as a percentage of

total energy in first half of 2014. Other recent

examples include: ERCOT met 40 percent of demand

on March 31, 2014 with wind power; SPP met 33

percent of demand on April 6, 2013 with wind power;

and, Xcel Energy Colorado met 60 percent of demand

on May 2, 2013 with wind power. Operational and

technical upgrades to the power system may be

required to accommodate high levels of variable, nondispatchable RE like wind and solar over longer time

periods; however, the penetration levels cited above

have been achieved without negative impacts to

reliability due in large part to low-cost measures such

as expanded operational flexibility and effective

coordination with other regional markets.

RE can contribute to reliable system operation. The

abundance and diversity of RE resources in the U.S.

can support multiple combinations of RE in much

higher penetrations. When California, the Midwest,

PJM, New York, and New England experienced record

winter demand and prices during the polar vortex,

wind generation played a key role in maintaining

system reliability.

Wind and solar PV are increasingly productive and

capable of being accurately forecast, which improves

grid reliability. Increasing capacity factors mean less

variability and more generation. While the wind

961

industry develops more projects at lower wind speed

sites, wind turbine design changes are driving

capacity factors higher among projects located in a

given wind resource regime. 727 Average capacity

factors have risen from the low 30 percent range to

high 30 percent range and continue to improve. One

key recent advancement is the increasing use of

turbines designed for low to medium wind speed sites

(with higher hub-heights and larger rotors, relative to

nameplate capacity) at higher wind-speed sites with

low turbulence.

New variable RE generators can provide more

electrical power grid support services beyond just

energy. Modern wind turbine power electronics allow

turbines to provide voltage and reactive power control

at all times. Wind plants meet a higher standard and

far exceed the ability of conventional power plants to

“ride-through” power system disturbances, which is

essential for maintaining reliability when large

conventional power plants break down. Xcel Energy

sometimes uses its wind plants’ exceedingly fast

response to meet system need for frequency response

and dispatchable resources. Utility-scale PV can

incorporate control systems that enable solar PV to

contribute to grid reliability and stability, such as

voltage regulation, active power controls, ramp-rate

controls, fault ride through, and frequency control.

Solar generation is capable of providing many

ancillary services that the grid needs but, like other

727 LBNL,

Wind Technologies Market Report 2013, August

2014, p. 43, Available at: http://emp.lbl.gov/sites/all/files/

2013_Wind_Technologies_Market_Report_Final3.pdf.

962

generators, needs the proper market signals to trade

energy generation for ancillary service provision.

The transmission network can connect distant highquality RE to load centers and improve reliability by

increasing system flexibility.

Investments in

transmission and distribution upgrades also enable

improvements

in

system-wide

environmental

performance at lower cost.

The potential range of new transmission

construction is within historical investment

magnitudes. Under nearly all scenarios analyzed for

the DOE’s Quadrennial Energy Review, circuit-miles

of transmission added through 2030 are roughly equal

to those needed under the base case, and while those

base case transmission needs are significant, they do

not appear to exceed historical annual build rates.

DOE’s Wind Vision findings project 11.5 gigawatts of

wind per year from 2021–2030. This deployment level

would require 890 circuit miles per year of new

transmission; 870 miles per year have been added on

average between 1991 and 2013. 11.5 gigawatts per

year is consistent with building block 3 deployment

levels for wind capacity over the compliance period.

DOE’s SunShot scenario, which increases utility-scale

PV to 180 gigawatts by 2030, required spending of $60

billion on transmission through 2050. On an average

annual basis, this expenditure is within the historical

range of annual transmission investments made by

IOUs in recent decades.

Incremental grid infrastructure needs can be

minimized by repurposing existing transmission

resources. Transmission formerly used to deliver

fossil-fired power to distant loads can—and is—being

963

used to deliver RE without new infrastructure. First

Solar’s Moapa project uses transmission built to

deliver coal-fired power from Navajo to Los Angeles.

NV Energy’s retirement of Reid-Gardner will free up

additional transmission capacity. The Milford wind

projects in Utah already utilize transmission that was

built to deliver coal power to Los Angeles.

Storage can be helpful but is not essential for the

feasibility of RE deployment because there are many

sources of flexibility on the grid. DOE’s Wind Vision

and many other studies have found an array of

integration options (e.g., large balancing areas,

geographically dispersed RE, weather forecasting

used in system operations, sub-hourly energy markets,

access to neighboring markets) for RE beyond storage.

Storage is a system resource, as its value for

renewables is a small share of its total value.

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Joint Appendix — West Virginia, et al., Petitioners v. Environmental Protection Agency, et al. | Frix