Greenhouse Gas

EPA's greenhouse gas rule ammendments

On November 9, 2011, the U.S. Environmental Protection Agency finalized technical corrections and other clarifying amendments to seven subparts under the Greenhouse Gas Reporting Rule (40 CFR part 98). In this action, EPA amended 40 CFR part 98 to correct technical and editorial errors and to address certain issues identified as a result of working with entities required to report during rule implementation and outreach. In general, these amendments do not change the overall requirements of the rule but improve clarity and ensure consistency across the calculation, monitoring and data reporting requirements. In addition, EPA has provided a one-time extension of the reporting deadline to September 28, 2012 for any entity that reports under the following source categories:
  • Electronics Manufacturing (Subpart I)
  • Fluorinated Gas Production (Subpart L)
  • Magnesium Production (Subpart T)
  • Petroleum and Natural Gas Systems (Subpart W)
  • Use of Electric Transmission and Distribution Equipment (Subpart DD)
  • Underground Coal Mines (Subpart FF)
  • Industrial Wastewater Treatment (Subpart II)
  • Imports and Exports of Equipment Pre–charged with Fluorinated GHGs or Containing Fluorinated GHGs in Closed–cell Foams (Subpart QQ)
  • Carbon Dioxide Injection and Geologic Sequestration (Subpart RR)
  • Manufacture of Electric Transmission and Distribution (subpart SS)
  • Industrial Waste Landfills (Subpart TT) and;
  • Injection of Carbon Dioxide (Subpart UU)

2011 is the first year for data collection for these subparts. As such, EPA is extending the reporting deadline to ensure that there is sufficient time for development and stakeholder testing of the electronic GHG reporting tool for these subparts.

California Cap and Trade final regulations to pass soon

The California Air Resources Board (CARB) has released its “Final Regulation Order and Compliance Offset Protocols” (FRO) in preparation for the Board’s forthcoming hearing this week on October 20th and 21st.

The CARB Board is expected to pass the rule on October 20th or 21st after public testimony at the board meeting.   Assuming the Board approves the rule, the final rule must go to the Office of Administrative Law by October 28, 2011 in order to be implemented in 2012.   CARB will begin implementing the program in 2012, including two quarterly auctions in the second half of the year followed by initial industrial allowance allocations. By 2013, regulated facilities will be subject to full compliance and enforcement by CARB.

California's Cap and Trade Law

The California Supreme Court just voted yesterday to allow the California Air Resources Board to go ahead with it Cap and Trade program scheduled for implementation in 2012. This removed the last legal hurdle for the Board.