PB EF Comment 3

U.S. ENVIRONMENTAL PROTECTION AGENCY Proposed Endangerment and Cause or Contribute Findings For Greenhouse Gases Under Section 202(a) of the Clean Air Act; Proposed Rule Docket ID No. EPA–HQ–OAR–2009–0171 74 Fed. Reg. 16448 (Apr. 10, 2009) COMMENTS OF PEABODY ENERGY COMPANY I. Introduction Peabody appreciates this opportunity to submit these comments on Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act; Proposed Rule, 74 Fed. Reg. 16448 (Apr. 10, 2009) (hereafter, “Endangerment Finding Proposal”), by the Environmental Protection Agency (“EPA” or “Agency”). Peabody believes that the Endangerment Finding Proposal is incomplete and one-sided and therefore arbitrary and capricious. Carbon dioxide (“CO ”) is a naturally-occurring substance that is necessary for life on 2Earth. It is thus not a “pollutant” that endangers public health or welfare. Of course, too much of any substance can lead to damaging consequences – for instance, too much water can lead to flooding. EPA’s view is that, because of human activities, there is too much CO and other 2 GHGs in the atmosphere and that, as a result, the public health and welfare is currently endangered. EPA also believes that this danger will rise in the future with increasing greenhouse gas (“GHG”) emissions. Peabody does not believe that the public health and welfare is presently at risk as a result of current atmospheric ...