EPA Delays CO2 Regulations for Biomass, China to Impose Regional Targets

The U.S. Environmental Protection Agency (EPA) announced a plan to defer, for three years, greenhouse gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources.

The agency said it intends to use this time to seek further independent scientific analysis of the issue and then to develop a rulemaking on how these emissions should be treated in determining whether a Clean Air Act permit is required.

“We are working to find a way forward that is scientifically sound and manageable for both producers and consumers of biomass energy. In the coming years we will develop a commonsense approach that protects our environment and encourages the use of clean energy,” said EPA Administrator Lisa P. Jackson. “Renewable, homegrown power sources are essential to our energy future, and an important step to cutting the pollution responsible for climate change.”

Before the end of the three-year period, the agency intends to issue a rulemaking that determines how these emissions should be treated or counted under GHG permitting requirements.

CO2 emissions from biomass-fired and other biogenic sources are generated during the combustion or decomposition of biologically based material. Sources covered by this decision would include facilities that emit CO2 as a result of burning forest or agricultural products for energy, wastewater treatment and livestock management facilities, landfills and fermentation processes for ethanol production.

On January 2, 2011, air permitting requirements began for large GHG emitting industries that are planning to build new facilities or make major modifications to existing ones. These facilities must obtain air permits and implement energy efficiency measures or, where available, cost-effective technology to reduce their GHG emissions. This includes the nation’s largest GHG emitters, such as power plants and refineries.

Texas Attempt to Delay is Denied

A federal court on Wednesday blocked yet another attempt by Texas to delay the new GHG regulations within the state.

Texas has refused to establish its own program to enforce the regulations, meaning the EPA must step in to handle enforcement. However, the state is suing the EPA to block such action. 

While awaiting the outcome of the law suit, Texas asked for a delay of EPA regulation. The U.S. Court of Appeals for the District of Columbia denied the request for delay. It is the third preliminary ruling to go against the state thus far.

"Three strikes should mean ‘you’re out’ in this case," Steve Cochran, a vice president for climate and air at the Environmental Defense Fund, told Reuters.

"If Texas put half the effort into carrying out greenhouse gas pollution control measures that it put into fighting them, EPA would not need to be involved. Plus, Texas businesses could then enjoy the same certainty that businesses in every other state will have," he said.

China To Impose Binding Emissions Targets

In related news, China will set binding emissions targets for different regions in an effort to meet its national goal for carbon intensity reduction, according to a Reuters story. 

Su Wei, a senior Chinese climate official with the Chinese government, said a working group will set specific targets and policies. 

China’s goal is to reduce its carbon intensity 40% to 45% below 2005 levels by 2020. Carbon intensity refers to the amount of carbon dioxide produced per unit of GDP growth.

According to Su Wei, some regions and industries were forced to turn off power in the second half of 2010 in order to meet mandatory efficiency goals for 2006-2010. However, he said such drastic action was not preferable and that policymakers are working on market mechanisms to drive emissions reductions. This could include a carbon trading market, Su said.