Four major regulatory actions: The GHG Reporting Rule U.S. EPA’s Electronic GHG Reporting Tool The GHG Tailoring Rule Future Federal Rulemaking Activities
Part 98 requires large sources and suppliers to report GHG data and other relevant information in order to collect accurate and timely GHG data to inform future policy decisions Part 98 affects: Suppliers of certain products that would result in GHG emissions if released, combusted or oxidized; direct emitting source categories; and facilities that inject CO2 underground for geologic sequestration or any purpose other than geologic sequestration, are covered in Part 98. Facilities that emit 25,000 metric tons or more per year of GHGs are required to submit annual reports to EPA.
In a direct interim rule EPA has deferred the reporting of “inputs to equations” from March 31, 2011 to August 31, 2011. Giving EPA more time to promulgate the longer-term deferral through notice and comment. This deferral does not affect the reporting deadline for actual 2010 GHG emissions. The proposed longer-term deferral allows EPA to evaluate issues related to reporting and public availability of inputs to emission equations.
Step 1 - User account specific to individual Central Data Exchange (CDX) login can be used. Security features – remember your questions!. Electronic Signature Agreement (ESA) Print, sign and mail in. U.S. EPA review for completeness before account is activated. Step 2 – Facility registration Set up facility profile. Step 3 – Identify Designated Representative All facilities must have a Designated Representative (DR) to submit reports. Identify yourself or someone else. DR must be a registered e-GGRT user. Electronic invitation sent for acceptance. Can also designate Alternate Designated Representative (ADR) (optional). Location, owners/operators. Step 4 – Identify Agents (optional) DR or ADR delegates authority to make electronic submissions for the facility. Agent must be a registered e-GGRT user. Electronic invitation sent for acceptance. DR or ADR must confirm. Step 5 – DR and ADR sign and submit Certificate of Representation Establishes the DR/ADR's authority to certify, sign, and submit annual GHG reports. Electronic invitation sent. Each facility must have a complete Certificate of Representation by January 30, 2011. Delegates authority to submit annual GHG reports. Electronic invitation sent.
Multiple challenges in Courts Rule remains in effect Step 1 PSD sources are in a critical position – what is BACT?
How we got here: LDVR put limits on mobile sources 1/2/11 the first day that anyone can sell a car of a model year 2012 vehicle (which is when these standards apply) – this is why the effective date isn’t 1/1/11
This is why they’ve “tailored” the thresholds – this information came from EPA. New thresholds for GHGs make this manageable to handle. Not having the tailoring rule makes this an “absurd result”.
For a GHG PSD significant project: (Step 2) Permit issued prior to 1/2/11 – you’re ok. Permit issued prior to 7/1/11 – you need to begin construction before 7/1/11 or you need to go through PSD “ definition of BEGIN ACTUAL CONTSTRUCTION under PSD regs”
GHG Emission Standards On December 23, 2010 U.S. EPA announced that it would begin setting standards for GHG emissions from stationary sources in 2011. Initially the standards will apply to petroleum refineries and fossil fuel power plants-electric generating units (EGUs). The schedule for setting these GHG emission standards has been set by settlement agreements in court cases where several states, local governments and environmental organizations sued U.S. EPA for failing to update the pollution standards for fossil fuel power plants and petroleum refineries, two of the largest source categories of GHG emissions in the United States. U.S. EPA’s schedule for petroleum refinery GHG standards is to propose new source performance standards (NSPS) for new and modified refineries and emission guidelines for existing refineries by December 15, 2011 and to finalize these standards by November 15, 2012. As part of this rulemaking effort U.S. EPA will also conduct a residual risk and technology review of current air toxic standards that apply to petroleum refineries. For EGUs U.S. EPA plans to propose new source performance standards (NSPS) for new and modified EGUs and emission guidelines for existing EGUs by July 26, 2011 and to finalize these standards by May 26, 2012.
Recent Regulatory Initiatives Concerning Greenhouse Gases SWEP Climate Change Series Part 6 February 7, 2011 Merritt McGlynn All4 Inc.
Reporter Registration: the first step in meeting GHG reporting obligations. The e-GGRT registration module is available on U.S. EPA's website. Deadline to register = January 30, 2011 .
Missed the deadline? U.S. EPA strongly encourages all reporters to register as soon as possible - good faith efforts to register as soon as possible after the 1/30/11 deadline will be taken into consideration.
GHG 2010 Emissions Reporting: March 31, 2011 deadline for facilities to report their GHG emissions remains in effect, and all facilities subject to Part 98 reporting of 2010 emissions are required to report by that date.