By: Barbara Lichman, Ph.D.

On March 6, 2014, the Environmental Protection Agency (“EPA”) announced the 60-day extension of the comment period for the January 8, 2014 proposed “Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units” and the February 26, 2014 notice of data availability soliciting comments on the provisions in the Energy Policy Act of 2005.

The Federal Register gives somewhat inconsistent instructions regarding comments on the proposed order.  Although EPA’s announcement of the 60-day extension [79 FR 12681] provides, with respect to the submission of written comments:  “Please refer to the proposal (79 FR 1352) for the addresses and detailed instructions,” 79 FR 1352 is actually the “Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units.”  However, on January 8, 2014, EPA also published “Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units; Proposed Rule” [79 FR 1429], and that document does contain comment information.  See 79 FR 12681 for further information.

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