U.S. EPA Issues Greenhouse Gas Reporting Requirements for Four Additional Emissions Sources

The U.S. EPA has added underground coal mines and industrial wastewater plants to the list of facilities that must track their greenhouse gas emissions and report them. In addition, magnesium production plants and industrial waste landfills will be required to submit annual reports on emissions, although no regulations to control emissions have been implemented yet.

The U.S. EPA has added underground coal mines and industrial wastewater plants to the list of facilities that must track their greenhouse gas emissions and report them. In addition, magnesium production plants and industrial waste landfills will be required to submit annual reports on emissions, although no regulations to control emissions have been implemented yet.

The final rule for Mandatory Reporting of Greenhouse Gases from Magnesium Production, Underground Coal Mines, Industrial Wastewater Treatment, and Industrial Waste Landfills (40 CFR Part 98) was issued on June 28, 2010. This action amends the Greenhouse Gas Reporting Program (GHG Reporting Program) requirements. In addition, this action states the EPA’s final decision not to include ethanol production and food processing as distinct subparts in the GHG Reporting Program, as well as the final decision not to include suppliers of coal at this time. With this final rule, the EPA has taken action on all outstanding source categories and subparts from the April 2009 proposal for the GHG Reporting Program.

These new source categories will begin collecting emissions data on January 1, 2011, with the first annual reports to be submitted to the EPA by March 31, 2012.

BC’s Clean Energy Act Passed into Law

BC’s Clean Energy Act (the Act) received royal assent on June 3, 2010

BC’s Clean Energy Act (the Act) received royal assent on June 3, 2010. As previously reported in our Green News, the Act provides a foundation for the province to meet its stated goals of electricity self-sufficiency by 2016, job creation and reduced greenhouse gas emissions. The details of the various initiatives, including a feed-in tariff program, under the Act will be developed through regulations and it is anticipated that these regulations could be ready by as early as fall 2010.

B.C. and Federal Government take first step towards an Equivalency Agreement on Climate Change

On April 6, 2010, the federal Environment Minister, Jim Prentice, and B.C.’s Minister of State for Climate Change, John Yap, signed an Agreement in Principle on efforts to address climate change. This is the first step towards establishing a formal Equivalency Agreement under the Canadian Environmental Protection Act, 1999 (CEPA 1999).

On April 6, 2010, the federal Environment Minister, Jim Prentice, and B.C.’s Minister of State for Climate Change, John Yap, signed an Agreement in Principle on efforts to address climate change. This is the first step towards establishing a formal Equivalency Agreement under the Canadian Environmental Protection Act, 1999 (CEPA 1999).

Section 10 of CEPA 1999 provides for Equivalency Agreements where provincial or territorial environmental legislation has provisions that are equivalent to provisions in CEPA 1999. The purpose of an Equivalency Agreement is to eliminate the duplication of environmental regulations. Equivalency is based on the following criteria: (i) equivalent regulatory standards; and (ii) similar provisions for citizens to request investigations. This will mean that B.C.-based businesses will not have to deal with competing regulatory requirements, such as for greenhouse gas emissions reporting, when it comes to climate change regulation.

Throughout 2009, the federal government consulted with the provinces and territories on Canada’s climate change strategy. According to Minister Yap: “We are building a strong template for acting on climate change here in B.C. and it is great to have the ongoing support of the federal government as we move forward. Climate change is the challenge of our generation and we need strong partnerships like this one to devise solutions that help us meet our legislative commitments while creating new economic opportunities for British Columbians.”

For more information, please refer to Environment Canada’s news release: Link

BC Introduces Legislation Aimed at Zero Net Deforestation

BC’s Minister of Forests and Range introduced Bill 5, the Zero Net Deforestation Act (the Act), to enshrine the BC government’s commitment to zero net deforestation (ZND) in the province.

On March 22, 2010, BC’s Minister of Forests and Range introduced Bill 5, the Zero Net Deforestation Act (the Act), to enshrine the BC government’s commitment to zero net deforestation (ZND) in the province. In doing so, BC is one of the first jurisdictions in the world to introduce a goal of ZND into legislation. In particular, the Act meets the commitment made by the government in its 2008 throne speech to pursue the goal of ZND, which will be achieved when the area of newly created forest land in BC is equal to or greater than the area of deforestation. To that end, the Act encourages the planting of an equal area of trees to offset any forestry lands that are permanently cleared for another use. The government must achieve ZND within BC by December 31, 2015.  Pat Bell, the Minister of Forests and Range, said in a statement that “British Columbia is committed to achieving zero net deforestation by 2015 to help reduce greenhouse gas emissions. Forests absorb and store carbon, which make them important allies in the fight against climate change.”

Deforestation is a major contributor to greenhouse emissions worldwide, and results in the loss of forests that absorb and store carbon and provide other ecosystem services. Approximately 6,200 hectares were deforested in BC in 2007.  Approximately 2,000 hectares were afforested the same year.  BC’s objective is to reduce deforestation and increase afforestation to close the gap by 2015 and beyond.

The Act defines key terms and sets out the government’s reporting requirements. In particular, the Act defines deforestation as the permanent loss of trees from an area and requires the Minister of Forests and Range to regularly report on progress towards ZND. Under the Act, regulations may be established with respect to methodologies for calculating deforestation and afforestation, as well as requirements for the timing, form and content of reports.

It should be noted that because timber harvesting in B.C. is considered to be sustainably managed, it is not considered to be deforestation. The Ministry of Forests and Range has indicated that it plans to partner with a number of other groups and agencies to help encourage projects that will mitigate deforestation. Also, the Province will engage in consultations over the next few months with stakeholders, communities and First Nations for their ideas on best approaches to implement the ZND policy.

U.S. EPA Proposes to Add More Sources to Mandatory GHG Reporting Program

In order to gain a better understanding of greenhouse gas (GHG) emission sources, the U.S. Environmental Protection Agency (EPA) is proposing to include additional emissions sources in its national mandatory greenhouse gas (GHG) reporting system.

In October 2009, the EPA finalized the Mandatory Reporting of Greenhouse Gases Rule, which requires 31 industry sectors (representing 85 percent of total U.S. GHG emissions) to track and report their emissions. This reporting rule requires suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more of GHG emissions per year to submit annual reports to the EPA.

On March 22, 2010, the EPA issued proposed rules targeted at expanding the scope of the reporting system to cover facilities emitting 25,000 metric tons or more of GHG emissions per year in the following sectors:

  • oil and natural gas industry (this will include vented and fugitive methane and CO2 emissions);
  • industries that emit fluorinated gases (source categories will include: electronics manufacturing, fluorinated gas production, manufacture and use of electric transmission and distribution equipment, and imports/exports of equipment pre-charged with fluorinated GHGs or containing fluorinated GHGs in closed-cell foams); and
  • facilities that inject and store CO2 underground for the purposes of geologic sequestration or enhanced oil and gas recovery.

Newly covered sources would be required to begin collecting emissions data on January 1, 2011, with the first annual reports submitted to the EPA on March 31, 2012. In addition, the EPA is proposing to require all facilities in the reporting system, including those proposed, to provide information on their corporate ownership.

These proposals will be open for public comment for 60 days after publication in the Federal Register. The EPA will also hold public hearings on these proposals in April 2010.

For more information on these proposals and the hearings, please go to
Link

Alberta Harmonises its GHG Reporting Program with Federal Program

Alberta has harmonized its GHG reporting program with the federal program

Alberta has harmonised its GHG reporting program with the federal program. Accordingly, the reporting threshold under the Specified Gas Reporting Regulation and the Specified Gas Reporting Standard has been lowered from 100,000 tonnes of CO2 equivalent (CO2e) to 50,000 tonnes CO2e. Also, the reporting deadline is now June 1, 2010.

Starting with 2009 emissions data, Alberta facilities will only have to report their GHG emissions once through a single national reporting system to satisfy both provincial and federal reporting requirements. Alberta facilities that exceed the reporting threshold must report their GHG emissions to Alberta Environment via this national system in accordance with the Climate Change and Emissions Management Act, the Specified Gas Reporting Regulation and the Specified Gas Reporting Standard.

Lower Reporting Threshold for Federal June 1, 2010 GHG Reporting

The next reporting deadline for the 2009 GHG emissions data is June 1, 2010. At the national level, all facilities with annual GHG emissions of 50,000 tonnes CO2 equivalent (CO2e) or more must report their GHG emissions to Environment Canada

Pursuant to a Canada Gazette notice published on July 11, 2009, the federal government has lowered the reporting threshold from 100,000 tonnes CO2 equivalent (CO2e) to 50,000 tonnes CO2e. In addition, two separate reporting categories for (i) venting and flaring and (ii) waste and wastewater have now been established. These changes will allow Environment Canada to obtain a better understanding of GHG emissions across Canada.

The next reporting deadline for the 2009 GHG emissions data is June 1, 2010. At the national level, all facilities with annual GHG emissions of 50,000 tonnes CO2 equivalent (CO2e) or more must report their GHG emissions to Environment Canada in accordance with the requirements under the Canadian Environmental Protection Act, 1999. This reporting is completed through the National Mandatory Reporting System for GHGs, operated by Statistics Canada on behalf of Environment Canada.

An important change in the reporting process is the transfer of the GHG data collection from Statistics Canada to Environment Canada, starting March 2010.  This change will advance Environment Canada’s plan to harmonize reporting requirements into one system.

ISO 14069

 

ISO 14069 refers to an ISO standard specifying the quantification and reporting of GHG emissions for organizations (Carbonfootprint of organization) — Guidance for the Application of ISO 14064-1. ISO/TR 14069:2013 describes the principles, concepts and methods relating to the quantification and reporting of direct and indirect greenhouse gas (GHG) emissions for an organization. It provides guidance for the application of ISO 14064-1 to greenhouse gas inventories at the organization level, for the quantification and reporting of direct emissions, energy indirect emissions and other indirect emissions.

ISO 14067

 

ISO 14067 refers to a set of ISO standards currently under development specifying quantification and other relevant activities in relation to the carbon footprint of products. In particular, part one – ISO 14067-1 – specifies the quantification of the carbon footprint of products.

Until such time as it has been adopted and published, ISO 14067 is not an actual standard.