GHG Regulations Update

1. GHG Regulations Update AWMA Southern Section September 12, 2012 Biloxi, MS Katy R. Forney Energy Sector Technical AuthorityEPA – Region 4 Atlanta, Georgia

2. EPA’s Endangerment Finding • Endangerment Finding: Current and projected concentrations of the six key well-mixed greenhouse gases (GHGs) in the atmosphere threaten the public health and welfare of current and future generations. • Cause or Contribute Finding: The combined emissions of these well-mixed GHGs from new motor vehicles and new motor vehicle engines contribute to the GHG pollution which threatens public health and welfare. • Final Rule published in Federal Register on December 15, 2009 • Greenhouse Gases (GHGs) • Carbon Dioxide (CO2) • Methane (CH4) • Nitrous Oxide (N2O) • Hydrofluorocarbons (HFC) • Perfluorocarbons (PFC) • Sulfur Hexafluoride (SF6)

3. D.C. Circuit – Climate Change Litigation • On June 26, 2012, the U.S. Court of Appeals-D.C. Circuit upheld EPA's Endangerment Finding and Greenhouse Gas regulations issued under the Clean Air Act for passenger vehicles (i.e., CAFE standards) and permitting for stationary sources (i.e., Tailoring Rule)

4. Stationary Sources - The Tailoring Rule • Final Rule issued May 13, 2010 • Establishes thresholds for GHG emissions and defines when permits under the New Source Review Prevention of Significant Deterioration (PSD) and Title V Operating Permit programs are required for new and existing industrial facilities • “Tailors" the requirements of these CAA permitting programs to limit which facilities will be required to obtain PSD and Title V permits • Includes the nation's largest GHG emitters -power plants, refineries, and cement production facilities • Emissions from small farms, restaurants, and all but the largest commercial facilities are not covered by these programs at this time IMPORTANT! Florida has not taken delegation of the GHG permitting program. GHG permits for FL industry are currently issued by EPA Region 4 in Atlanta. Contact: Katy Forneyforney.kathleen@epa.gov 404-562-9130 http://www.epa.gov/nsr/ghgpermitting.html

5. Permitting Timeline Under the Tailoring Rule The Tailoring Rule 2011 2012 2013 2014 2015 2016 Step 1: Source already subject to PSD “anyway” (tpy CO2e) New source: N/A Modification: 75,000 Step 2: All Stationary Sources (tpy CO2e) New source: 100,000Modification: 75,000 Step 3: Implementation of potential additional phase-in and streamlining options 5-year study: To examine GHG permitting for smaller sources Implementation of rule based on 5-year study July 1, 2011 new thresholds subject to regulation began Step 3 Rule was issued July 3, 2012. Proposed no changes to thresholds. Study Complete One public hearing was held on March 20, 2012, in Arlington, VA.

6. Biomass GHG Permitting Biomass Permitting • EPA temporary defers certain CO2 emissions from PSD and Title V permitting • July 1, 2011, final rule deferred for 3 years GHG permitting requirements for CO2 emissions from biomass-fired and other biogenic sources • Interim guidance was issued to assist facilities and permitting authorities with permitting decisions until the Proposed Rule was finalized • A scientific analysis will be conducted during the 3 year deferral to consider issues that the Agency must resolve in order to account for biogenic CO2emissions in ways that are scientifically sound and also manageable in practice • Accounting Framework for Biogenic CO2 Emissionsfrom Stationary Sources (September 2011) http://www.epa.gov/NSR/actions.html#2011

7. GHG New Source Performance Standard GHG NSPS for Utilities and Refineries • On 12/23/10, EPA entered into two proposed settlement agreements to issue rules that will address greenhouse gas emissions from fossil fuel-fired power plants and refineries • These two industrial sectors make up nearly 40% of U.S. GHG emissions • On April 13, 2012, EPA published its carbon pollution standard for new fossil fuel-fired power plants (comments accepted until June 25) Contact:Keith Goffgoff.keith@epa.gov 404-562-9137 http://epa.gov/carbonpollutionstandard/

8. GHG NSPS for New Fossil Fuel-Fired Power Plants • Only applies to new generating units that will be built in the future • Does not apply to existing units already operating or units that will start construction over the next 12 months • The proposed rule is flexible and would help minimize carbon pollution through deployment of the same types of modern technologies and steps that power companies are already taking to build the next generation of power plants • Even without the proposed rule, the power plants that are currently projected to be built going forward would already comply with the proposed standard; as a result, EPA does not project additional cost for industry to comply with the standard http://epa.gov/carbonpollutionstandard/

9. GHG NSPS for New Fossil Fuel-Fired Power Plants • Output-based standard of 1,000 pounds of CO2 per MW-hr • New natural gas combined cycle (NGCC) power plant units should be able to meet the proposed standard without add-on controls • New power plants that are designed to use coal or petroleum coke would be able to incorporate technology to reduce CO2 emissions to meet the standard, such as carbon capture and storage (CCS) • EPA will accept comments on the proposed rule until June 25 • EPA held two public hearings on May 24

10. GHG Reporting Program • Purpose is to collect accurate and timely GHG data to inform future policy decisions • EPA issued Mandatory Reporting of Greenhouse Gases Rule (74 FR 5620) • Requires reporting of GHG emission data from specific entities in the U.S. • GHG suppliers • Direct emitting source categories • Facilities that inject CO2 underground • For 2011 emissions, reports were due to EPA due March 31, 2012 • 2010 Data now available • on EPA’s website! • Highlights for 2010 Direct Emitters • Power plantswere the largest stationary sources of direct emissions - 2,324 million metric tons of carbon dioxide equivalent (mmtCO2e); petroleum refineries second - 183 mmtCO2e • CO2 accounted for 95% of emissions; methane second at 4%; NO2 and fluorinated gases remaining 1% • 100 facilitieswith emissions over 7 mmtCO2e (96 power plants, two iron and steel mills, two refineries) Contact:Jason McDonald Mcdonald.jason@epa.gov 404-562-9203

11. Mobile Source GHG/CAFE Standards • Final rule (published 5/7/10) - Passenger cars, light-duty trucks, and medium-duty passenger vehicles, model years 2012 through 2016 • Average 250 grams CO2 per mile, 35.5 mpg in model year 2016 • Final rule (published 9/15/11) - Medium- and heavy-duty engines and vehicles, model years 2014 through 2018 • Estimated combined standards will reduce CO2 emissions by about 270 million metric tons and save about 530 million barrels of oil over the life of vehicles built for the 2014 to 2018 model years, providing $49 billion in net program benefits • Final rule (issued 8/28/2012) – Extends passenger vehicle program to model year 2017 through 2025 • Average163 grams CO2 per mile, 54.5 mpg in model year 2025 Contact:Dale Aspy aspy.dale@epa.gov 404-562-9041 http://epa.gov/otaq/climate/regulations.htm#1-1

12. Questions? Katy R. Forney U.S. EPA – Region 4 Atlanta, GA 404-562-9130 www.epa.gov/climatechange/ www.epa.gov/nsr/ghgpermitting.html