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Climate Change: Mitigation and Adaptation
Joseph A. Siegel* US EPA Region 2
Key Environmental Issues In US EPA Region 2
May 29, 2014 Columbia Law School
*The views expressed do not necessarily reflect the views of the U.S. EPA
• Mitigation • Motor Vehicles • Stationary Sources
• Adaptation
Greenhouse Gas Emissions by Sector in 2012 Source: EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2012 http://epa.gov/climatechange/ghgemissions/sources/industry.html
FUEL ECONOMY AND GREENHOUSE GAS STANDARDS FOR CARS AND LIGHT TRUCKS
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The first round of heavy-duty standards for model years 2014-2018 will: • Reduce carbon pollution by about 270 million metric tons, or the equivalent of
taking 56 million passenger vehicles off the road for a year.
IMPROVING THE FUEL EFFICIENCY OF TRUCKS – PHASE 1
President Obama in February directed EPA to set the next round of fuel efficiency/GHG standards for medium- and heavy-duty vehicles. • Partnering with Manufacturers, Labor,
States, NGOs, and other Stakeholders. • Supporting Adoption of New Fuel Efficient
Technologies.
IMPROVING THE FUEL EFFICIENCY OF TRUCKS – PHASE 2
Supreme Court GHG Litigation- UARG v. EPA
• February 24, 2014: Oral argument in the matter of UARG v. EPA
• S. Ct. had granted cert on the question of:
• Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases
• Decision is expected in Summer 2014
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GHG Permitting Tailoring Rule Implementation Schedule
2011 2012 2013 2014 2015
Step 1: Sources already subject to PSD “anyway” and GHG emissions = or > than (tpy CO2e): New source: NA PSD Modification: 75,000 Step 2: Step 1 plus sources with GHG emissions = or > than (tpy CO2e): New source: 100,000 PSD Modification: 75,000 Step 3: Maintains the thresholds from Step 1 and Step 2. Establishes additional PAL provisions to streamline the permitting process • 5-year study: To examine GHG permitting for smaller sources • Step 4: Additional rulemaking based on 5-year study
Complete Study
1/2/11 begin permitting for “anyway” sources & modifications
2016
Rule issued 6/29/12
Due 2016
7/1/11 begin including sources that would be major for GHG only
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Tally of GHG PSD Permits (as of 3/21/14)
• 166 PSD permits with GHG limits have been issued
• 122 issued by states • 44 issued by EPA
• Approximately 50 GHG-related PSD permit applications are currently being processed by EPA Regions
• 10 issued in Region 2
• EPA Comment Letters on GHG Permitting Actions
• http://www.epa.gov/nsr/ghgcomment.html
Permits by Industry-Nationally
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GHG BACT Decisions
• Controls
• Energy Efficiency
Biogenic CO2 Emissions: PSD and Title V Permitting
• July 2011 – Deferral until July 2014 to study further • September 2011 - Draft accounting framework for biogenic CO2 emissions from
stationary sources • September 2012 -Science Advisory Board (SAB) completed its scientific analysis of this
framework • July 2013 - D.C. Circuit Court of Appeals vacated EPA’s deferral rule • D.C. Circuit extended time for submitting petitions for rehearing to 30 days after
Supreme Court decision in UARG v. EPA (expected in early Summer 2014)
• The Court’s mandate making the vacatur effective will not issue until after the Supreme Court decision
• Deferral will expire per its own terms in July 2014
• EPA is considering recommendations made by SAB in order to determine next steps
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Power Plant Regulation: Clean Air Act §111 New Source Performance Standards
• New Sources • CAA Section 111(b) • Proposal 9/20/13
• Existing Sources • CAA Section 111(d) • Proposal expected June 2, 2014 • Final Rule expected June 1, 2015 • Guidelines for States due June 30, 2016
GHG Reporting Program: 85-90% of Emissions GHG Reporting Program In 2012: • 8000 + facilities and
suppliers reported GHG data
• Power plants account for 1/3 of total US emissions
Published Data: 2012 Direct Emitters
Power Plants(2088 MMT CO2e)Petroleum and
Natural Gas Systems
(218 MMT CO2e)
Refineries(173 MMT CO2e)
Chemicals(170 MMT CO2e)
Other(123 MMT CO2e)
Minerals(108 MMT CO2e)
Metals(107 MMT CO2e)
Waste(100 MMT CO2e)
Pulp and Paper(42 MMT CO2e)
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Published Data: 2012 Direct Emitters
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National Climate Assessment
• Heatwaves, heavy downpours, and sea level rise pose growing challenges to many aspects of life in the Northeast. Infrastructure, agriculture, fisheries, and ecosystems will be increasingly compromised.
• National Climate Assessment, 5/6/14
Adaptation at EPA
• June 2011: EPA “Policy Statement on Climate Change Adaptation”;
• Feb. 2013: EPA Climate Change Adaptation Plan;
• Nov. 2013: 17 EPA Adaptation Plans • Comment period closed Jan. 2014 • Region 2 Plan followed public outreach
• June 2013: President’s Climate Action Plan;
• Nov. 2013: Executive Order 13653 • Preparing the U.S. for the Impacts of
Climate Change
Region 2 Adaptation Themes
• Focus on Communities • Environmental Justice • Collaboration • Water and Energy • Tools • Iterative Process
