Climate Change: Mitigation and Adaptation
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1 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
2 Mitigation Motor Vehicles Stationary Sources Adaptation
3 Greenhouse Gas Emissions by Sector in 2012 Source: EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks:
4 4 FUEL ECONOMY AND GREENHOUSE GAS STANDARDS FOR CARS AND LIGHT TRUCKS
5 IMPROVING THE FUEL EFFICIENCY OF TRUCKS PHASE 1 The first round of heavy-duty standards for model years 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.
6 IMPROVING THE FUEL EFFICIENCY OF TRUCKS PHASE 2 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.
7 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
8 GHG Permitting Tailoring Rule Implementation Schedule Step 1: Sources already subject to PSD anyway and GHG emissions = or > than (tpy CO 2 e): 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 1/2/11 begin permitting for anyway sources & modifications 7/1/11 begin including sources that would be major for GHG only Rule issued 6/29/12 Complete Study Due
9 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 Permits by Industry- Nationally 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 9
10 GHG BACT Decisions Controls Energy Efficiency
11 Biogenic CO 2 Emissions: PSD and Title V Permitting July 2011 Deferral until July 2014 to study further September Draft accounting framework for biogenic CO 2 emissions from stationary sources September Science Advisory Board (SAB) completed its scientific analysis of this framework July 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 11
12 Power Plant Regulation: Clean Air Act 111 New Sources CAA Section 111(b) Proposal 9/20/13 New Source Performance Standards Existing Sources CAA Section 111(d) Proposal expected June 2, 2014 Final Rule expected June 1, 2015 Guidelines for States due June 30, 2016
13 GHG Reporting Program: 85-90% of Emissions GHG Reporting Program In 2012: facilities and suppliers reported GHG data Power plants account for 1/3 of total US emissions
14 Published Data: 2012 Direct Emitters Published Data: 2012 Direct Emitters Waste (100 MMT CO 2 e) Metals (107 MMT CO 2 e) Pulp and Paper (42 MMT CO 2 e) Other (123 MMT CO 2 e) Chemicals (170 MMT CO 2 e) Refineries (173 MMT CO 2 e) Minerals (108 MMT CO 2 e) Petroleum and Natural Gas Systems (218 MMT CO 2 e) Power Plants (2088 MMT CO 2 e) 14
15 15
16 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
17 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 Region 2 Plan followed public outreach June 2013: President s Climate Action Plan; Nov. 2013: Executive Order Preparing the U.S. for the Impacts of Climate Change
18 Region 2 Adaptation Themes Focus on Communities Environmental Justice Collaboration Water and Energy Tools Iterative Process
19 Thank You Joseph A. Siegel
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