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Update on EPA Climate Activities

Neelam Patel

State and Local Climate and Energy Program

Office of Atmospheric Programs

National Tribal Forum on Air Quality Management ConferenceJune 2 - 4, 2009

Forest County Potawatomi Bingo Casino, Milwaukee WI

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Regulatory and Legislative Climate Updates

Climate Showcase Communities Grant Program

EPA Resources and Partnership Programs

Outline

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EPA Climate Policy & Regulatory Updates

EPA is engaged in climate regulatory and legislative activities.

Endangerment Finding (CAA)

Mandatory Greenhouse Gas Reporting Rule (FY 08 Appropriations)

Analysis of Waxman-Markey Bill (ACES)

Geologic Sequestration of CO2 (SDWA)

Renewable Fuel Standard (EISA)

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Endangerment Finding

Background April 2, 2007– In Massachusetts v. EPA, the Supreme Court found that

greenhouse gases are air pollutants covered by the Clean Air Act EPA was required determine whether:

• GHG emissions from new motor vehicles cause or contribute to air pollution;

• This air pollution may reasonably be anticipated to endanger public health or welfare; or

• The science is too uncertain to make a reasoned decision.

Observed and Projected Implications for Tribes from Climate Change Indigenous communities whose health, economic well-being, and cultural

traditions depend upon the natural environment will likely be affected by the degradation of ecosystem goods and services associated with climate change especially in places like Alaska and the Artic.

This subsistence lifestyle and livelihoods are already being threatened by multiple climate-related factors, including reduced or displaced populations of marine mammals, caribou, seabirds, and other wildlife, losses of forest resources due to insect damage, and reduced/thinner sea ice, making hunting more difficult and dangerous.

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Endangerment Finding (cont’d)

Endangerment Findings April 17, 2009 –Administrator signed a proposal with two distinct findings

regarding greenhouse gases under section 202(a) of the Clean Air Act• Proposed Endangerment Finding: Current and projected concentrations

of the mix of six key greenhouse in the atmosphere threaten the public health and welfare

• Cause or Contribute Finding: Combined emissions of CO2, CH4, N2O, and HFCs from new motor vehicles and motor vehicle engines contribute to the atmospheric concentrations of these key greenhouse gases and hence to the threat of climate change

Status The proposed endangerment finding was published in the Federal Register and

will be open for public comment until June 23, 2009 (60 days). Two public hearings were held in Arlington, VA and Seattle, WA.

• General Information and FAQs available on website at:http://epa.gov/climatechange/endangerment.html

• Communications materials available to EPA Regions(Contact Erin Birgfeld, 202-343-9079, for more information)

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Endangerment Finding (cont’d)

This action, if finalized, does not impose any requirements on industry or other entities Not accompanied by a proposed standard

Does not impose any timetable for issuing regulations

Does not indicate that EPA has made any final decisions about regulating GHGs under the Clean Air Act

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Proposed Mandatory Greenhouse Gas Reporting Rule

Objective of the Program To collect accurate and timely information on GHG emissions to inform future

climate policy decisions.

Requirements The proposed Mandatory Reporting of Greenhouse Gases (GHGs) rule would,

in general, require annual reporting to EPA of GHG emissions by suppliers of fossil fuels and industrial GHG, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tones or more per year of CO2e. The emissions that would be reported are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and other fluorinated compounds.

Status In order to develop a strong proposal, EPA met with over 250 stakeholders,

including tribal organizations, states, regional groups, industries, trade associations, environmental groups, etc.

The proposed rule was published in the Federal Register and is currently open for public comment until June 9, 2009.

Two public hearings were held in April in Arlington, VA and Sacramento, CA in April.

• Contact Kitty Sibold in the Climate Change Division at 202.343.9280, sibold.katherine@epa.gov for more information

• Website: www.regulations.gov (to submit comments) or www.epa.gov/climatechange/emissions/ghgrulemaking.html (for more information including FAQs, guidance sheets for each sub-part, technical support documents)

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Proposed Mandatory Greenhouse Gas Reporting Rule (cont’d)

Impact on Tribes

Tribes could be required to submit an annual GHG report for any facility they own or operate that is subject to the rule. Landfills and stationary combustion equipment are the types of facilities owned or operated by Tribes that would most likely trigger applicability. Tribes that own or operate large industrial emission sources such as cement plants, coal mines, or oil and gas operations could also be required to report emissions under this rulemaking.

The rule would apply to all types of stationary combustion equipment (except for emergency generators and portable equipment) if the aggregate maximum rated heat input capacity of all stationary fuel combustion units at a facility is 30 million British thermal units per hour (mmBtu/hr) or greater, and the facility emits 25,000 metric tons of CO2e or more per year from all stationary fuel combustion sources.

The rule would apply to landfills that generate CH4 in amounts equal to 25,000 metric tons of CO2e or more per year. It would also apply to municipal power generation plants that report to the Acid Rain Program or emit 25,000 metric tons of CO2e or more per year.

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Waxman-Markey BillAmerican Clean Energy and Security Act 2009

Bill introduced to House side of Congress on May 15, 2009 EPA analysis of discussion draft (introduced March 31, 2009) At request of bill sponsors, EPA's economic analysis of the bill

was issued April 21st

Office of Atmospheric Program analysis focused on cap and trade provisions Projections of emissions and energy demand based on AEO 2009 (December

2008) and do not include the American Recovery and Reinvestment Act 2009

If enacted, the bill would:• Advance energy efficiency and reduce reliance on oil

• Create an economy-wide cap and trade program

• Stimulate innovation in clean coal technology

• Accelerate use of renewable energy sources

• Create strong demand for clean energy technologies and assist economic recovery and job growth

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Proposed Geologic Sequestration of CO2 Rule

Background Geologic sequestration is the process of

injecting carbon dioxide (CO2) from a source, such as a coal-fired electric generating power plant, through a well into the deep subsurface. With proper site selection and management, geologic sequestration could play a major role in reducing emissions of CO2.

Status EPA has developed a Proposed Rule for

Geologic Sequestration (GS) of CO2 Announced October 2007 Signed & published in the Federal

Register July 2008 Comment period ended December 24,

2008 Final rule expected late 2010/early 2011Considerations

• Proposed rule uses Safe Drinking Water Act authorities and revises Underground Injection Control Program requirements for GS

• Priority placed on avoiding endangerment of underground sources of drinking water

Website: www.epa.gov/climatechange/emissions/co2_geosequest.html or www.epa.gov/ogwdw/uic/wells_sequestration.html

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Renewable Fuel Standard

Background EPA, under the Energy Independence and Security Act of 2007 is responsible

for revising and implementing regulations to ensure that gasoline sold in the United States contains a minimum volume of renewable fuel.

The Renewable Fuel Standard program will increase the volume of renewable fuel required to be blended into gasoline from 9 billion gallons in 2008 to 36 billion gallons by 2022.

As mandated by EISA, EPA evaluated the full lifecycle GHG emission impacts of renewable fuel production including both direct and indirect emissions, including significant emissions from land use changes.

Status EPA released a notice of proposed rulemaking on May 5, 2009 and held a

public hearing on the proposed rule on May 20.

Next Steps EPA is hosting a lifecycle workshop to present details of its lifecycle

greenhouse gas analysis for the Proposed Revisions to the National Renewable Fuels Standard Program on June 10 - 11 in Washington, DC.

 

Website: www.epa.gov/otaq/renewablefuels

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Looking beyond EPA Climate Regulatory and Policy Activities Beyond EPA’s involvement in the following regulatory and legislative

activity: Mandatory GHG Reporting Rule Endangerment Finding (CAA) Analysis of Bills in Response to Hill requests Geologic Sequestration of CO2 (SDWA) Renewable Fuel Standard (EISA)

EPA is administering the Climate Showcase Communities Grant program to assist local and tribal governments in establishing and implementing climate change initiatives. This $10M competitive is expected to open in summer 2009.

EPA’s voluntary programs and resources provide opportunities for GHG mitigation and adaptation across numerous sectors. Energy and climate initiatives have spurred partnerships with energy

efficiency programs and developed opportunities in EPA regions.

New Upcoming EPA Grant

Climate Showcase Communities Grant

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FY 09 Appropriations Language

Climate Change Initiative Grants for Local Communities The Bill includes $10,000,000 for the Office of Air and Radiation to initiate a new, competitive grant program to assist local communities in establishing and implementing their own climate change initiatives. The goal of this program is to implement programs, projects and approaches, which demonstrate documentable reductions in greenhouse gases and are replicable elsewhere.

The Agency is directed to follow these guidelines to implement this Program: (1) grants are to be awarded on a competitive basis; (2) they are to be one-time grants only; (3) grantees, other than tribes, are required to provide a 50 percent match for the Federal funds; (4) local, county, municipal and tribal governments are eligible to apply; (5) five percent of the funds shall be allocated to tribal governments; (6) grants will fund planning activities, demonstration pilots, innovative approaches and implementation of projects designed to reduce greenhouse gases; (7) examples of eligible projects include land use planning, programs to reduce vehicle miles traveled, improvements to building energy efficiency and projects to capture methane from agriculture

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Funding

Total Funding = $10 million

Tribal Set-aside (5%) = $500,000

Funding Match Required = no matching required for tribes

www.epa.gov/cleanenergy/energy-programs/state-and-local/showcase.html

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Vision and Framework for Grant

Build on existing technical support framework to develop “Climate Showcase Communities”

Demonstrate integrated and sustainable community approaches that achieve large reductions in GHG emissions and additional co-benefits (Air Quality, Jobs, etc) Planning through implementation (including financing, technical

assistance, policy development, training, and partnerships) Major emission sources -- buildings, transportation, public services Robust Measurement and Reporting

Build networks and peer exchange to share approaches Spur additional climate action Move beyond “shovel ready” clean energy projects to

comprehensive and integrated GHG management that creates jobs Offer forums for training and peer exchange

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Connections with ARRA Funding

Focus and Goals

ARRA: funds for energy reductions, implementation only

Showcase Grants: focus on GHG reductions (broader than energy), planning through implementation

Timelines

ARRA: funds already being distributed, must be spent within 18 months (by ~12/2010), forces emphasis on “shovel ready”

Showcase Grants: funds available 1/2010, 2-3 year project periods, allows longer-term planning, assessment, education, evaluation

Support and Peer Exchange

ARRA: limited direct support available (due to volume), no identified mechanisms for peer-to-peer exchange, no replicability requirement

Showcase Grants: hands-on technical support and training for all recipients, multiple peer-exchange venues, replicability is goal

ARRA and Showcase Grants Serve as Complements

ARRA allows mass implementation, sows seeds for long-term change

Showcase Grants grow projects into sustainable, replicable models of success

Lessons learned from ARRA projects inform Showcase Communities, serve as additional source of results and best practices

Coordinating reporting metrics saves effort for feds and funding recipients

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Tracking and Sharing Results

Use standard grant reporting requirements as a base for enhancing transparency and information sharing

Help recipients establish robust and credible reporting balance flexibility and rigor accommodate a range of projects

Maximizing existing reporting infrastructures already used by local governments to lessen burden, e.g. Energy Star Portfolio Manager Local GHG Inventory Protocols Coordinating with DOE on EECBG reporting frameworks

Profile grantee progress on a “showcase communities” website (connected to EPA’s larger local government program) to act as catalysts for peer exchange and replication of success

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Application Information

Visit the grant website for updates www.epa.gov/cleanenergy/energy-programs/state-and-local/showcase.htm

Mechanisms to ask EPA questions will be available after request for application opens Website will have Q & A page Email address for submitting questions

For help with the grant process, please see our February 28, 2008 webcast titled, “Navigating the Grant Process for Local Governments” www.epa.gov/cleanenergy/energy-programs/state-and-local/webcast.html www.epa.gov/cleanenergy/documents/webcasts/epa_grants101.pdf www.epa.gov/cleanenergy/documents/webcasts/bayarea_aqm_grantee_tips.pdf

Climate: EPA HQ Programs, Resources and Tools

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Local Climate and Energy Program

Provide: Advance comprehensive

climate and clean energy approaches in local governments and their communities

Focus on established, cost-effective best practices

Serve as a gateway to existing resources and programs

Develop new tools, resources, and guidance

Apply Climate – Clean Energy Multiple Benefits Framework:

Air quality improvements GHG reductions Energy security and reliability Economic development Public health Quality of life

Clean Energy

Air Quality

Climate Change

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Local Climate and Energy Program Resources

ARRA 2009 Analysis ARRA 2009: A Guide to Renewable Energy and Energy Efficiency Opportunities

for Local and Tribal Governmentswww.epa.gov/cleanenergy/energy-programs/state-and-local/recovery.html

Local Clean Energy Strategies Guide Six chapters currently available

Green Power Procurement Energy Efficient Product Procurement On-site Renewables Combined Heat and Power Landfill Gas to Energy And more

www.epa.gov/cleanenergy/energy-programs/state-and-local/local-best-practices.html

Webcasts Hold a monthly webcast series on topics relevant to local governments

www.epa.gov/cleanenergy/energy-programs/state-and-local/webcast.html

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State and Local Climate and Energy Program GHG Inventory Resources How do you select an inventory tool?

Clean Air Climate Protection Software (CACPS) www.icleiusa.org/cacp

Local Government Operations Protocol www.icleiusa.org/programs/climate/ghg-protocol

State GHG Inventory and Projection Tool email denny.andrea@epa.gov

Regional Greenhouse Gas Inventory Pilotemail denny.andrea@epa.gov

What other resources does EPA offer? Inventory Fact Sheets State Emissions Data

www.epa.gov/climatechange/emissions/state.html State and Local Climate Change Emissions Page

• Links to Tools, Protocols, and Training Webcasts• www.epa.gov/climatechange/emissions/state_guidance.html

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Energy Star

Energy Star Forms voluntary partnerships with groups like

homebuilders, foundations, energy offices, housing finance agencies, and utilities to leverage resources and provide whole-house solutions for improving the energy efficiency of new and existing homes.

Contact your Region’s Energy Star Coordinator for details

Energy Star Change the World Campaign

Website: www.energystar.gov

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Developed in 2006 through an EPA, CDC, NOAA partnership.

Provide local public health officials and others with convenient access to critical excessive heat events (EHE) information: Options for defining EHE conditions How to assess local vulnerability to EHEs Case studies (lessons learned) A “menu” of public education, notification, and response

actions to consider when developing or enhancing an EHE notification and response program

www.epa.gov/hiri/about/heatguidebook.html

Excessive Heat Events Guidebook

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Provides the heat island community with scientific and policy informationwww.epa.gov/heatislands

Supports heat island reduction through four key mitigation strategies Trees and Vegetation Green Roofs Cool Roofs Cool Pavements

Reducing Urban Heat Islands: Compendium of Strategies - Provides an overview of latest science, mitigation strategies, examples, and recommendations for additional resources

Chapters• Heat Island Basics• Trees and Vegetation • Green Roofs• Cool Roofs• Heat Island Reduction Activities• Cool Pavementswww.epa.gov/hiri/mitigation/index.htm

Heat Island Reduction Program

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Climate Ready Estuaries

Partnership between 28 National Estuary Programs (NEPs) and EPA’s Climate Change Division (OAR) and Ocean and Coastal Protection Division (OW).

Purpose: Build capacity in the NEPs to adapt to climate change. Combine NEP local knowledge and skills with EPA’s coastal adaptation

expertise.

Approach: Provide broadly applicable information and resources to all coastal

managers. Work with a small group of NEPs each year to assess vulnerabilities, identify

opportunities to reduce risk, and develop adaptation plans.

11 Partners under the Program: Albemarle-Pamlico NEP (NC) – Partnership for the Delaware Estuary Barnegat Bay (NJ) – Piscataqua Region Estuary Project (NH) Casco Bay Estuary Partnership (ME) – San Francisco Estuary Project Charlotte Harbor NEP (FL) – Tampa Bay NEP (FL) Indian River Lagoon NEP (FL) Long Island Sound Study Massachusetts Bays Program

www.epa.gov/cre

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Communication Cooperative Agreement

• Awarded in the beginning of 2008 to the Arizona Board of Regents for Northern Arizona University’s Institute for Tribal Environmental Professionals (ITEP)

• Goal is to communicate climate change impacts on and adaptive responses in Indian country and develop a communications plan for transmitting the information to tribes, policy makers, and the public

• Update on deliverables:• Website is live and up-and-running with resources for education, outreach,

GHG reduction and adaptation strategies http://www4.nau.edu/tribalclimatechange/index.asp

• Report on climate change education and outreach was submitted and is currently being reviewed by EPA

Climate Change Tribal Impacts, Communication and Outreach

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Climate Change Tools and Resources

The Climate Leadership in Parks (CLIP) Tool is a Microsoft Excel-based user-friendly application used for estimating emissions inventory and planning for reducing GHG emissions and criteria air pollutants within a National Park for the Climate Friendly Parks program. http://www.nps.gov/climatefriendlyparks/CLIPtool/index.html

ClimateCHECK is a web-based tool aimed at high school students to inventory and plan actions for reducing their school’s GHG emissions. http://epa.gov/climatechange/wycd/school.html

Climate Change, Wildlife, and Wildlands Toolkit is an educational kit about how climate change is affecting our nation's wildlife and public lands. It is being revised in cooperation with 7 other agencies and will be printed in early 2009. Parts of it will go up on the climate change website starting in November 2008. http://epa.gov/climatechange/wycd/ORWKit.html

Global Warming Wheel Card is an education tool that can be used to estimate GHG emissions from individual households and learn how to reduce them. It was recently revised and the new printed version will be available in early 2009. http://www.epa.gov/climatechange/emissions/wheel_card.html

What You Can Do (WYCD) Easy steps you can take to reduce your GHG emissions in homes, schools, offices, and automobiles. http://epa.gov/climatechange/wycd/actionsteps.html#home

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Contact Info

Neelam R. Patel Local Climate and Energy Program, Heat Island Reduction Program

Patel.neelam-r@epa.gov

Andrea Denny Local Climate and Energy Program, GHG Inventory Contact, Climate Showcase Communities Grant Program Lead

Denny.andrea@epa.gov

Erika Wilson EPA Office of Atmospheric Programs Tribal Coordinator

Wilson.erika@epa.gov