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Coal: Jobs and Stability for America’s Economy Conference and Exposition May 21, 2012

The Regulatory Cascade and Its Impact on Development William L. Kovacs Senior Vice President U.S. Chamber of Commerce. Coal: Jobs and Stability for America’s Economy Conference and Exposition May 21, 2012 Kingsport, TN. The Regulatory Cascade:. Its Impact on Energy Development.

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Coal: Jobs and Stability for America’s Economy Conference and Exposition May 21, 2012

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  1. The Regulatory Cascade and Its Impact on Development William L. KovacsSenior Vice PresidentU.S. Chamber of Commerce Coal: Jobs and Stability for America’s Economy Conference and Exposition May 21, 2012 Kingsport, TN

  2. The Regulatory Cascade: Its Impact on Energy Development Why The Regulatory Process Matters Attacks On Energy Development and Industry Cost of Overregulation Where Does Industry Go From Here?

  3. Why the Regulatory Process Matters

  4. It is Costly! Tax Collections Before Refunds by Type: FY-2009 Cost of Regulation in 2008

  5. Cumulative Number of Rules: 1976-2011

  6. 2009-2010 Code of Federal Regulations 154,538 Total Pages 42,786 Pages on Environment

  7. Agency Rules in the Pipeline, 2001–2011

  8. March 27, 2012: EPA Proposes First-Ever GHG Limits on Power Plants Key Facts: Applies to NEW plants only Standard is 1000 pounds of CO2 per MWh Effectively bans all new coal plants unless they have CCS Also effectively bans all new gas plants unless combined cycle COMING SOON: Similar standards for existing fossil-fuel-fired power plants Similar standards for refineries There are MANY legal and structural deficiencies with this rule. Also, considering election-year politics, the final rule could be issued post-election. 8

  9. National Hydrography Dataset: Sanitation District Number 1 in North Kentucky Map A Map B Map A: Approximate lengths of streams: Perennial 47 mi Intermittent 96 mi Map B: Approximate lengths of streams: Perennial 47 mi Intermittent 96 mi Ephemeral 384 mi Map Provided by the American Farm Bureau Federation

  10. Regulatory Process Can Be Manipulated

  11. Rulemakings on the Runway!

  12. Attacks on Energy Development

  13. Nationwide Challenges to Permits

  14. Beyond Coal Campaign • Sierra Club credits itself with retiring 106 coal plants and preventing 150 from being built. • West coast states and environmental groups are seeking programmatic environmental statement for west coast port. • Cumulative effects of coal transport to west coast • Effects of the use of coal to produce energy in Asia here in the United States

  15. Areas Blocked for Drilling in the OCS

  16. In Spite of -- Not Because of -- Federal Government95% of Shale Oil & Gas Wells are on Private and State lands • Background Note: • Oil production is taking place in spite of – not because of – the Federal Government. • 95% of the shale oil & gas wells in the United States are on State and private lands. • Approval applications to drill on federal lands down 36% Source: PFC Energy North America Onshore Service

  17. There Is Always Another Attack! • While the Sierra Club said it hasn’t changed its mind about gas vs. coal, Deputy Executive Director Bruce Hamilton says he and other Sierra Club leaders are “trying to be clearer in our communication. ... We want people to know that natural gas is not a clean fuel and it needs to be cleaned up before it can be an acceptable fuel.” • “As we push to retire coal plants, we’re going to work to make sure we’re not simultaneously switching to natural gas infrastructure.” • Michael Brune, Sierra Club Executive Director • Beyond Gas Campaign http://www.politico.com/news/stories/0211/49579.html

  18. Cost of Overregulation

  19. The Cost of EPA’s Overregulation

  20. Greater Costs/Fewer Jobs as Other Industries are Attacked

  21. Where Jobs will be Lost

  22. Where Do We Go From Here?

  23. Rebalancing the Regulatory Process General Activity New Activities • Environment • Health care, capital markets, Labor/OSHA • Develop appropriate oversight hearings • Implement required jobs analysis • Litigation of major rules harmful to business • In H.R.1 (Continuing Resolution) secured 8 provisions to repeal EPA regulations • In H.R. 2584 (Interior and Environmental Appropriations) secured 16 provisions to repeal EPA regulations • Midnight Regulations legislation • H.R. 3010 passed the House on Dec. 2 by a vote of 253-167 • Places burden of proof on agencies for establishing high impact regulations • Applies to executive and independent agencies • Imposes a substantial evidence standard for court review • House Judiciary Committee introduced comprehensive Permit Streamlining legislation - H.R. 4377 • Permit Streamlining hearing April 25 • Working with PCJC on permit streamlining Executive Order • House Judiciary Committee reported legislation to Floor that places limits on Consent Decrees • Four House Committee Investigations • Treasury Dept report due June 30 • Regional Haze

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