ACCCE Statement Regarding US Environmental Protection Agency’s Environmental Appeals Board Deseret Decision

November 17, 2008

CONTACT: Brad Jones 720-496-1675

Denver, CO, November 17, 2008 – The American Coalition for Clean Coal Electricity (ACCCE) today issued this statement in response to the United States Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB) decision to remand a prevention of significant deterioration (PSD) permit for a proposed plant in Utah to EPA Region 8 for additional consideration:

“The EAB decision, in and of itself, should not have a lasting, negative impact on the siting of new coal-based power plants, which are needed to meet America’s growing demand for electricity.

“The EAB, in fact, specifically rejected the major issue raised by the Sierra Club stating that ‘By our holding today, we do not conclude that the Clean Air Act (or an historical agency interpretation) requires Region 8 to impose a carbon dioxide (CO2) best available control technology (BACT) limit.’

“In sending the permit back for reconsideration, the EAB has asked EPA’s Region 8 ‘to reconsider whether to impose a CO2 BACT limit and to develop an adequate record for its decision.’ (EPA Region 8 has responsibility for the Deseret permit due to the proposed power plant location on Native American land.)

“However, this decision underscores the need for greater certainty so electricity generators can make investments needed to ensure a reliable, affordable supply of electricity for all Americans.

“The existing Clean Air Act does not provide the appropriate regulatory framework to effectively regulate CO2, thus leaving generators open to the same type of piece-meal uncertainty that is on display in this case.

“That is why ACCCE supports mandatory federal carbon management legislation that protects United States energy security, promotes the creation of jobs by investing in advanced clean coal technologies, and keeps energy costs affordable for American consumers.”

About ACCCE

The American Coalition for Clean Coal Electricity (ACCCE) is a non-profit, non-partisan partnership of companies involved in producing electricity from coal. Because coal is America’s most abundant energy resource, ACCCE supports energy policies that balance coal’s vital role in meeting our country’s growing need for affordable and reliable electricity with the need to protect the environment. ACCCE also advocates for the development and deployment of advanced clean coal technologies that will produce electricity with near-zero emissions. Headquartered in Alexandria, VA, ACCCE has more than 40 members that represent more than $190 billion in annual revenues and employ more than 360,000 Americans.

For more information, visit www.cleancoalusa.org or www.americaspower.org.

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