Update on California's Early Action Measures for Reducing GHG Emissions Deb Hunsicker, R.E.A. Senior Analyst, Sagle ID The California Global Warming Solutions Act of 2006 created a comprehensive program to reduce Greenhouse Gas (GHG) emissions in California. The Act required the Air Resources Board (ARB) to prepare a Scoping Plan to identify measures that California will use to reduce GHG emissions and establish timelines for implementation. The plan identified early action measures that are to be initiated by ARB in the 2007 - 2012 timeframe. It also required ARB to identify and adopt regulations for "discrete early action" GHG emission reduction measures that could be enforceable on or before January 1, 2010. ARB is in the process of developing and issuing a number of new rules to implement the GHG emissions reductions measures identified in the Scoping Plan.
New Rules The following key rules have been issued since October 1, 2009:
GHG Emissions from Semiconductor Operations: Effective January 1, 2010, this rule establishes emission limits for semiconductor operations. Any semiconductor operation that emits more than 800 metric tons of carbon dioxide equivalent per year must comply with new emission standards effective January 1, 2012. Owners or operators must submit annual reports and must retain records on emission control equipment malfunctions and failures.
Sulfur Hexafluoride (SF6) Emissions from Non-Electric and Non-Semiconductor Applications: Regulations requiring SF6 emission reductions from non-electric and non-semiconductor applications became effective January 1, 2010 (note that regulations addressing SF6 emissions from semiconductor manufacture and electric utilities are being developed separately). This regulation achieves GHG emission reductions through a phase-out of SF6 use over the next twenty years. Distributors of SF6 must comply with registration, recordkeeping, and reporting requirements, and purchasers of SF6 are subject to recordkeeping requirements.
Low Carbon Fuel Standard: Regulations implementing California's low carbon fuel standard became effective January 12, 2010. This program will reduce GHG emissions by reducing the carbon intensity of transportation fuels used in California by an average of 10 percent by the year 2020. Carbon intensity is a measure of the GHG emissions associated with the entire "lifecycle" of a transportation fuel. The 10 percent reduction in average carbon intensity is achieved by starting specified fuel providers at an initial 2011 level, and incrementally lowering the allowable carbon intensity in each subsequent year through 2020.
Sale and Use of Small Containers of Automotive Refrigerant: A regulation to reduce refrigerant emissions from the do-it-yourself servicing of motor vehicle air conditioners became effective on October 1, 2009. The rule applies to containers holding more than two ounces and less than two pounds of refrigerant and establishes requirements for self-sealing valves on all containers, labeling instructions, recycling programs for used containers, and education programs that emphasize best practices.
GHG Emissions from Heavy-Duty Vehicles: Effective January 1, 2010 on-road tractors and trailers operating on California highways must be equipped with technologies that would result in improved fuel efficiency, and thus reduce GHG emissions. These regulations establish requirements for new and existing 53-foot or longer box-type trailers and the tractors that pull them, and apply to both California-registered and out-of-state tractors and trailers. California's program references a federal voluntary EPA program, called the SmartWay Transport Partnership Program, to establish mandatory state tractor and trailer requirements.
Upcoming Rules: ARB also has several rules in progress that are expected to be issued in 2010:
Management of High Global Warming Potential (GWP) Refrigerants for Stationary Sources: On December 9, 2009, ARB approved regulations to reduce GHG emissions from industrial and large commercial refrigeration systems that applies primarily to supermarkets, food and beverage processors, cold storage warehouses, and industrial cooling processes (it does not apply to most bars, restaurants, and office buildings). This rule will reduce emissions of high-GWP GHG refrigerants from leaky equipment and from the installation and servicing of refrigeration and air-conditioning appliances using high-GWP refrigerants, and will verify GHG emission reductions. The regulation is awaiting approval from the Office of Administrative Law (OAL) and is scheduled to go into effect in January 2011.
GHG Cap and Trade: On November 24, 2009, ARB released a preliminary draft version of California's GHG cap-and-trade regulation. This regulation, scheduled for consideration in late 2010, will establish the first broad-based cap and trade program in the nation. The preliminary draft regulation combines the results of a year-long process involving 21 public workshops, and builds on more than two years of collaboration with the partners of the Western Climate Initiative. ARB will continue to collect stakeholder input during 2010, with a goal of having a final rule in place by January 1, 2012.
Landfill Methane Control: In June 2009, ARB approved regulations designed to reduce methane emissions from Municipal Solid Waste Landfill by requiring owners and operators of certain uncontrolled landfills to install gas collection and control systems, and by requiring existing and newly installed gas collection and control systems to operate optimally. ARB staff is preparing the final rulemaking package for submittal to OAL and is seeking an effective date during 2010.
GHG Emissions from Vehicles Operating with Under Inflated Tires: ARB has approved a regulation to reduce GHG emissions from vehicles operating with under inflated tires that applies to all automotive service providers performing automotive maintenance or repair services in California. Beginning July 1, 2010, all automotive service providers would be required to perform a tire inflation service on all passenger vehicles that are brought in to a facility for service or repair. The final rulemaking package was submitted to OAL for approval on February 4, 2010 but was disapproved on March 19, 2010. CARB has until July 20, 2010 to address issues cited in the disapproval decision and to resubmit a revised rulemaking package.
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