Date: September 16, 2010
Source: National Solid Wastes Management Association
Greenhouse gas (GHG) emissions from biomass energy should not be regulated in the same manner as those from fossil fuel plants, argues the National Solid Wastes Management Association (NSWMA), in comments recently submitted to the EPA. The industry group submitted its comments to EPA's proposed "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule." Other industry groups including the American Forest & Paper Association and the National Association of Forest Owners, have urged EPA and the White House to exempt biomass CO2 emissions from its just-finalized "tailoring" rule requiring GHG limits in air permits. They argue that biomass used as fuel is essentially "carbon neutral" because plants absorb the same amount of CO2 while growing as is released when burned.
The Clean Air Act generally requires facilities to obtain air permits if they emit more than 100 or 250 tons per year (TPY) of criteria pollutants like lead, sulfur dioxide and nitrogen dioxide. The May 13 rule "tailored" the requirements of the act to accommodate GHG regulation but will only require GHG permits for facilities that emit more than 100,000 TPY of CO2. EPA rejected the exemption of biomass because industry did not show "administrative necessity" or the avoidance of "absurd results," legal doctrines used to justify the tailoring rule. The EPA also noted that the best available control technology (BACT) process for determining GHG permit limits gives the agency flexibility to consider the lifecycle impact of biomass fuel.
PRESS RELEASE
NSWMA Comments on Biogenic Sources of Greenhouse Gases
September 16, 2010
(Washington, DC) – The National Solid Wastes Management Association (NSWMA) recently submitted comments to the United States Environmental Protection Agency (EPA) on how greenhouse gas (GHG) emissions from biogenic sources should be treated under the Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas Tailoring Rule (generally referred to as the "Tailoring Rule"). NSWMA argued that the GHG produced from biomass should not be regulated in the same manner as anthropogenic GHG (i.e., fossil fuel use) under the Tailoring Rule.
In addition, NSWMA's comments urged EPA to remain consistent with international, federal, and state protocols involving greenhouse gases and exclude biogenic emissions from the rule. For example, some 33 states and the District of Columbia (DC) have either adopted Renewable Portfolio Standards (20 states and DC) or have voluntary goals (5 states) for adopting renewable energy standards that include landfill gas, biomass, municipal solid waste, and/or anaerobic digestion. NSWMA believes that if biogenic sources and their emissions are not excluded from the Tailoring Rule, it will jeopardize the investment in biogenic energy sources.
Regarding these proposed rules, NSWMA President and CEO Bruce J. Parker stated, "NSWMA believes that EPA should remain consistent with its often repeated policy in regard to the fundamental distinction between biogenic and anthropogenic sources of greenhouse gas emissions and, therefore, exclude biogenic sources from the Tailoring Rule. To do otherwise, simply invites irrational and inconsistent policies and implementations."
Parker continued, "NSWMA believes that if the Tailoring Rule includes the carbon dioxide produced by biomass, it will overly burden local government and private entities that have invested resources into the development of renewable energy and organics management infrastructure. Imposing the Tailoring Rule permitting requirements to renewable energy projects will discourage future investment in proven technologies for reducing GHGs that utilize waste materials, biomass, and biogas."
NSWMA – a sub-association of the Environmental Industry Associations – represents for-profit companies in North America that provide solid waste collection, recycling and disposal services, healthcare waste management, and companies that provide professional and consulting services to the waste services industry. NSWMA members conduct business in all 50 states.
For more information contact:
Thomas Metzger, 202-364-3751 or tmetzger@envasns.org.
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