TEXAS GENERAL LAND OFFICE COMMISSIONER DAWN BUCKINGHAM, M.D. May 22, 2023 US Environmental Protection Agency (MC 170LA) 1200 Pennsylvania Ave NW ‘Washington, DC 20460 RE: EPA-HQ.OAR-2023-0072 Dear Administrator Michael S Regan: ‘As Commissioner ofthe Texas General Land Office (GLO) and steward of over 13 million acres of State lands on behalf ofthe people of Texas, lam appalled and extremely concerned atthe daft ule proposed ‘on May 8, 2023, by the U.S Environmental Protection Agency (EPA) regarding eatbon pollution standards for coal and natural gas-red power plans. Simply pu, the implementation of EPA-HQ-OAR-2023-0072, ‘would be an allout attack onthe energy industry, the robust Texas economy, everyday taxpayers, and public education funding inthe tate of Texas, BPA-HQ-OAR-2023-0072 mandates most coal and natural gas-fired power plants capture 90 percent of emissions by 2035 and conver to hydrogen by 2038, EPA-HQ-OAR:2023.0072 is nating more than & blatant attack on the domestic oil and gas indasty, Rather than encourage the continued use of clean and abundant natural gas for energy generation, EPA-HQ-OAR-2023-0072 seeks to burden our naturel gas fired plans with untenable restrictions to compel their closure or conveesion to a fuel source like green hydrogen. Further, unless subject to addtional EPA oversight, EPA-HQ-OAR-2023-0072. would not consider carbon captured from powerplants under this scheme ta suse for tertiary oil and gas recovery, ‘safe and effective use of carbon that hasbeen utilized since the 1970's. Atthe GLO, we areno strangers {othe challenges posed tothe tudding carbon capture and sequestration induty. For one, capturing carbon from natural ens plants as opased to coal-fired plants —is exceedingly dificult since carbon snot nearly as concentrated. It proves toe either impossible or economically unviable utilize this s-yec-unproven, aptue technology, plants wil be faced with no option butt shut down, ‘The General Land Office (GLO) isthe oldest state agency in Texas, established in 1836. The ageney serves te schootchldren, veterans und environment of Lexas by maximizing State venue though innovalive sdministation, and exercising prudent stewardship of Slate lands, minerals, and nara resources. The GLO is responsible for managing over 13 milion ares of Sate las nd mineral interests dedicated tothe Permanent School Fund (PSF), The School Fund isa perpetual endowment created bythe Texas Legislature jn 18S4 to support public school. Soe TEX. CONST, at, Vil, §2. The GLO has a fiduciary duty t0 ‘maximize revenues fom Sat land and minerals forthe benefit ofthe School Fund. The agency genertes revenue fo the School Fund through oil and natural gas production, sls, leases, and other transactions involving the assets under mmagement. The GLO has depesited over $30 billion into the Schoo! Fund since inception, ineluding over $2.1 billion in ol and natural gas revenues during the ls ical yer 780 North Congres Avr, tn Tx 7701-195 HO. Bo 257% Ain, Tee 757102093 512463 3001 atsPas I ‘As Land Commissioner, I alsoserve a the Chairwoman ofthe Board for Lease of University Lands, which oversees lands owned by the Pamanent University Fund (PUR). The PUF owns approximately 2,1 millon acres in West Texas. Similar tthe PSF, the PUF is constitationlly created fund that genertessubstatil revenue forthe University of Texas and Texas Ad&M University Systems. Doe to the likelihood that EPA-HQ-OAR-2023-0072 wil result in closure or eusilment of natu gas fired powerplants, and thus diminish natural gas revenues received by the School Fund andthe PUE, EPA HQ-OAR-2023.0072 will havea lasting negative impact on funding for public education in Texas. EPA- HQ-OAR-2003-0072 is undoubtedly intended to buttress the Federal Governments push to end domestic oil and natural gas production in favor of “green” renewable sources. However, 35 EPA-HQ-OAR-2023. (0072 itself stats, “Renewable energy... is both variable and inermiten.” So, in addition to deretsing revenue directed to the schoc! children and college students of Texas, EPA-HQ-OAR-2023-0072 will present an undue burden onthe State's critical energy supply and Texas industry at ie when U.S. power consumption requirements are expected to increase by 12 to 22 percent between now and 2030, Please be advised thatthe General Land Office wil seck coli in the appropiate cout to stop the EPA from proceeding with implementation ofthe Rule. The General Land Orfie respectfully requests tht the EPA respond t these commerts in waiting. Thank you for your carefl consideration, Respecflly, Bake DAWN BUCKINGHAMAS». Commissioner, Texas General Land Office