response to comments on har amendments clean air branch greenhouse gas rules stakeholders meeting...
TRANSCRIPT
Response to Comments on HAR Amendments
Clean Air Branch
Greenhouse Gas Rules Stakeholders Meeting10/18/2013
State GHG Requirements In 2007, Act 234 was
enacted. Act 234 required: 1) Statewide GHG limit set to
1990 levels. To be achieved by 2020.
2) DOH to adopt GHG rules to ensure GHG limit is met.
Background
Federal GHG Requirements In 2007, GHG emissions
became regulated. In 2009, Mandatory GHG
Reporting Rules. In 2010, Tailoring Rule
regulates GHG emissions under PSD and Title V.
In 2013, President’s Climate Action Plan directs EPA to issue GHG rules for power plants.
Background
Public Comment Period Public hearings in November
2012. Comment period extended
from 12/7/2012 to 1/14/2013. 18 testifiers submitted oral
testimony at the hearings. 23 commenters submitted
written comments .
Introduction
Results of Comments Received GHG cap revised from 25% to 16%. Public participation for GHG
reduction plan approvals. Deadline for GHG reduction plans
extended to 12 months. Landfills with controls exempt from
GHG cap. No retroactive GHG fees. Revised definition of “subject to
regulation”
Introduction
Comments Addressed Scope of Authority Life Cycle Assessment Facility Wide GHG Cap GHG Emissions Reduction Plan Partnering MWC & MSW Landfills
exemption GHG Fees BACT Threshold Definition of “Subject to
Regulation”
Comments Addressed
Scope of Authority Two separate sources of
authority:1) General powers under
342B-3, HRS and specific powers under 342b-12.
2) Subpart VI, 342B, HRS (Act 234).
Scope of Authority
Life Cycle Assessment (LCA)
DOH will not apply LCA at this time.
Neither EPA nor any other state nationwide applies LCA to stationary sources.
DOH recognizes the merits of LCA.
LCA
Facility-Wide GHG Emissions Cap
A. Cap changed from 25% to 16%.
B. Alternate cap based on GHG Control Assessment.
C. Alternate Baseline Year.
Facility-wide GHG Cap
GHG Cap change from 25% to 16% (A)
Parameter Initial 25% Percent Reduction
Revised 16% Percent Reduction
2010 affected facility actual emissions
Questionable DOH emission estimates for 3 facilities
Used GHGRP values instead of DOH estimates
2010 affected facility actual emissions
Questionable GHGRP value reported for 4th facility
Used EPA emission factors for 4th facility
State-wide 2010 emissions
Based on 2007 estimated emissions
Based on 2010 emissions projected
2010 affected facility actual emissions from MWC operations
No No
2010 affected facility actual emissions from MSW landfills
Yes No
Facility-wide GHG Cap
Alternate Cap and GHG Control Assessment (B)
Facility must conduct a GHG control assessment.
Similar to BACT analysis. Director may approve an
alternate cap. Cap will be incorporated into
facility’s air permit.
Facility-wide GHG Cap
Alternate GHG Cap Baseline Year (C)
2010 is the default baseline year.
May propose an alternate baseline year
Methods to determine alternate baseline year are in HAR.
Facility-wide GHG Cap
GHG Emission Reduction Plan
A. Director’s Discretion and Public Participation.
B. GHG Emission Reduction Plan Deadline.
GHG Emission Reduction Plan
Director’s Discretion and Public Participation (A)
Provisions for public participation are in HAR 11-60.1-205.
Provisions for contested case hearings are in HAR 11-60.1-206.
GHG Emission Reduction Plan
GHG Emission Reduction Plan Deadline (B)
Extended deadline to 12 months from the effective date of the rules.
Provisions for extending the deadline.
GHG Emission Reduction Plan
Proposed Control Strategy – Partnering
Partnering sources propose emissions above or below the facility-wide cap.
Each partner agrees to a revised emission level.
Revised GHG emissions cap placed in permit.
Each partner responsible for meeting its own cap.
Proposed Control Strategy - Partnering
MWC & MSW Landfill Exemptions
MWC operations
1) MWC reduce waste going into landfills.2) GHGs from MWC have minor effect on
reduction levels.
MSW Landfills with controls
1) Landfill controls significantly reduce GHG emissions.
2) GHG from landfills with controls have minor effect on reduction levels.
MWC Operations and MSW Landfills
BACT Applicability Threshold
State BACT threshold remains at 40,000 tpy CO2e.
State threshold is lower than 75,000 tpy CO2e federal threshold.
Lower state threshold will regulate emission growth from new sources.
BACT Applicability Threshold
GHG Fees
Draft rules were amended to charge fees only after rules adoption.
Fees for GHG starts in 2015.
GHG Fees
Definition of “Subject to Regulation” Consistent with federal
definition Temporary exemption of
biogenic CO2 emissions removed.
Definition of Subject to Regulation
Where is Project Now? GHG Rules are being
circulated for approval DOH will send
notification to all commenters after rules are adopted.
Conclusion
Questions ? Additional informationClean Air Branch (808) 586-4200www.health.hawaii.gov/cab/
Conclusion
GHG Rules Emission Reduction
Covered (EPA GHGRP & DOH Data) “Missing”
2010 Statewide Total Stationary (ICF)
1990 Statewide Total Stationary (ICF)
Required Stationary Reduction
S = Small Large (> 100k CO2e Short Ton/yr)S
AffectedE = Exempted E
Key Input Revisions
Large Covered
2010 Statewide Total
Drives
“Missing” ES X 12%=
Uncontrolled
UncontrolledGrowth
“Missing” ES X 12%+
Affected=Affected Source %
Reduction
Total Required Reduction
Draft Rules (original)
Draft Rules (corrected)
Revised Rules
2010 2010 2010
1990 Statewide Total 8,930.00 8,930.00 8,930.00
Required Stationary Reduct. 1,930.00 1,015.00 1,015.00
Missing 605.08 590.33 590.33
Small 233.51 233.51 233.51
Large 10,021.40 9,121.16 9,121.16
Exempted 191.94 191.94 352.86
Affected 9,829.46 8,929.22 8,768.30
Uncontrolled 1,030.54 1,015.78 1,176.70
Uncontrolled Growth 123.66 121.89 141.20
Total Required Reduction 2,053.66 1,136.89 1,156.20
Affected Source % Reduct. 20.89% 12.73% 13.19%
10,860.00 9,945.00 9,945.00
GHG Rules Stationary Sources Emission Reduction Information (units = 1000 CO2e metric tons)
10,254.92 9,354.67 9,354.67
2010 Statewide Total
Covered