Download Climate Actions in EU and Globally

U.S. Environmental Protection Agency
and
Climate Change
Michelle Eis, EPA Region 7
October 23, 2008
Objective and Outline
Objective: To provide an overview of the following
– Updates on related rule making
– Ways EPA is addressing climate change
Outline
– ANPR for Endangerment Finding
• Purpose
• Timeline
– EPA measures to Address Climate Change
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Renewable Fuels Standard II
Geological Sequestration of CO2
Mandatory Reporting on GHGs
Voluntary Programs
– Questions & Answers
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What is an ANPR?
• Advance Notice of Proposed Rulemaking (ANPR)
• An informal action sometimes taken by agencies prior to
proposing a rule
• Used when an agency believes it would be appropriate to
obtain more information and solicit public input on
possible regulatory approaches before deciding what to
propose
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ANPR for Endangerment Finding
Purpose—
 Represents EPA’s next step in responding to the Supreme Court
case finding that GHGs are air pollutants under the Clean Air Act
 Summarizes available science on climate change and its effects as
relevant to endangerment test under CAA section 202
 Reviews EPA’s work to date on potential motor vehicle GHG standards
 Examines interconnections among CAA provisions
 Examines CAA provisions potentially applicable to GHGs, and
opportunities and challenges that each would present
 Provides information and seeks public comment on range of potential
regulatory approaches and technologies (Nov 28, 2008)
 Seeks comment on 7 petitions to set GHG standards for other types of
mobile sources
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ANPR for Endangerment Finding
Does NOT:
• Propose or recommend use of any particular Clean
Air Act authority
• Make judgments about a preferred pathway
• Regulate any emissions
• Commit to specific next steps
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ANPR for Endangerment Finding
Endangerment Test
• CAA Section 202 endangerment language:
The Administrator shall by regulation prescribe…standards
applicable to the emission of any air pollutant from any class
or classes of new motor vehicles . . . which in his judgment
cause, or contribute to, air pollution which may reasonably be
anticipated to endanger public health or welfare.
• According to the Supreme Court, EPA must make
one of the following determinations for motor
vehicle GHG emissions based on the available
science:
– there is endangerment, or
– there is no endangerment, or
– the science is too uncertain to make a reasoned judgment
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ANPR for Endangerment Finding
Endangerment Issues
• Whether the “air pollutant” should be defined as
each individual GHG or as a group or groups of
GHGs
• Different definitions could have important
implications for how GHGs are treated under other
CAA provisions
• Whether the “air pollution” (elevated
concentrations of GHGs) may be reasonably
anticipated to endanger public health, public
welfare, or both
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ANPR for Endangerment Finding
Timeline
• October 1999 – ICTA and others petition for regulation of
4 GHGs from new motor vehicles under CAA section
202(a)
• August 2003—EPA denies ICTA petition
• April 2007 – Supreme Court rules EPA improperly denied
ICTA petition
• May 2007– President directs EPA, other agencies to
develop regulations to cut gasoline consumption and GHG
emissions from motor vehicles, issues Executive Order
13432
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ANPR for Endangerment Finding
Timeline (continued)
• December 2007 – Energy Independence and Security Act is
enacted
• Late 2007-early 2008 – EPA receives seven more petitions to
set GHG standards for other mobile source categories
• March 27, 2008 - EPA Administrator sends letter to Congress
announcing that EPA will issue an ANPR as next step in
responding to Supreme Court ruling
• July 11, 2008 – Administrator signs ANPR
– Public comment period open until November 28
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ANPR for Endangerment Finding
Recap of ANPR
• Supreme Court case finding GHGs are air pollutants under
the Clean Air Act
• EPA responded with an ANPR-now must make one of the
following determinations for motor vehicle GHG emissions
based on the available science:
– there is endangerment, or
– there is no endangerment, or
– the science is too uncertain to make a reasoned judgment
• Comments by Nov 28, 2008
• Does not regulate GHG emissions
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Ways EPA is Addressing Climate Change
• Renewable Fuels Standard (RFS II)
• Underground Injection Control Program (UIC) for
Geological Sequestration (GS) of Carbon Dioxide
(CO2) Proposed Rule
• Mandatory Reporting of GHGs Rulemaking
• Voluntary Programs
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Renewable Fuels Standard (RFS II)
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Ways EPA is Addressing Climate Change
RFS II—GHG Thresholds
Fuels are required to meet GHG thresholds
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Conventional Biofuel (ethanol derived from corn starch)
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Advanced Biofuel
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Essentially anything but corn starch ethanol
Must meet a 50% lifecycle GHG threshold
Biomass-Based Diesel
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Must meet 20% lifecycle GHG threshold
Only applies to fuel produced in new facilities
E.g., Biodiesel, “renewable diesel” not processed with petro
Must meet a 50% lifecycle GHG threshold
20-50% still counts as renewable fuel
Cellulosic Biofuel
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E.g., cellulosic ethanol, BTL diesel
Must meet a 60% lifecycle GHG threshold
EPA able to adjust thresholds by as much as 10%
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Ways EPA is Addressing Climate Change
RFS II—Fuel Lifecycle GHG Assessment
Background on lifecycle analysis:
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Compilation of the GHG impacts of a fuel throughout its lifecycle
– Production / extraction of feedstock
– Feedstock transportation
– Fuel production
– Fuel distribution
– Tailpipe emissions
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Compares one or more fuels performing the same function
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Proposed Rulemaking
Geological Sequestration
of Carbon Dioxide
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Ways EPA is Addressing Climate Change
Proposed Rulemaking
Geological Sequestration of CO2
• Applies to owners and operators of wells that will be
used to inject CO2 into the subsurface for the purpose of longterm storage.
• Proposes a new class of well (Class VI)
• Key elements
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Geological Siting Criteria
Area of Review
Well Construction Standards
Mechanical Integrity Testing
Operation and Monitoring Requirements
Well Closure and Post-Closure Care,
Financial Responsibility, and Monitoring
Public Participation and Communication
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Ways EPA is Addressing Climate Change
Proposed Rulemaking
Geological Sequestration of CO2
To submit written comments, the docket can be viewed at
http://www.regulations.gov (Docket Id:EPA-HQ-OW-2008-0390).
Comments must be received by November 24, 2008.
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Mandatory GHG Reporting —
Rulemaking
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Ways EPA is Addressing Climate Change
Mandatory GHG Reporting —Rulemaking
• Objective of the Program – to collect comprehensive and accurate
data relevant to future climate policy decisions, including potential future
regulation under the Clean Air Act
• Scope of Coverage
– Define gases- “…to require mandatory reporting of greenhouse gas
emissions”
• CO2, CH4, N2O, HFC, PFC, SF6
– Both upstream and downstream sources- “The Agency is further
directed to include in its rule reporting of emissions resulting from
upstream production and downstream sources…”
• Upstream: fossil fuel and chemical producers and importers
• Downstream: direct emitters - large industrial facilities
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Ways EPA is Addressing Climate Change
Mandatory GHG Reporting —Rulemaking
• Timeline
– Proposed Rule
– Final Rule by June 2009
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Voluntary Programs
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Blue Skyways Collaborative
Sustainable Skylines
Landfill Methane Outreach Program
AgSTAR
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Questions?
Thank you!
Michelle Eis
EPA Region 7
Climate Change and Energy
(913) 551-7325
[email protected]
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