Melinda

E.

Taylor,

University

of

Texas

School

of

law,

"Building

Momentum

for

National

Legislation:

Action

by

the

States

and

Federal

Agencies

Since

2001,"

PowerPoint

Presentation

at

Carbon

and

Climate

Change

Seminar

(April

24,

2008).

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

Action

by

States

Since

200

I

,

'"'

""'VIR'''t

'"

TlU\

AI"""''''

SCHOOL

OF

LAW

Melinda

E.

Taylor

Clinical

Professor

of

Law

Outline

•

Growing

Public

Support

for

Federal

Action

•

Significant

State

Activity

•

Federal

Agencies

Actions

Iitl

U"I\II('II\

",

"x

..

,

AJ

"""'"

SCHOOL

OF

LAW

1

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

n".

.Y-J

....

•

In

Progress

.Completed

Source:

Pew

Center

on

Global

Climate

Change

•

Revision

In

Progress

•

TIl!

1I"IVIIl'lIYOIIIXA'A1AlIHI"

SCHOOL

OF

LAW

Renewable

Portfolio

Standards

•

Mandatory

RPS

RPS

via

Voluntary

Utility

Committments

Source:

Pew

Center

on

Global

Climate

Change

till

U"IVIR,I1Y<ll

11);:

..

'

.or

"1,.11"

SCHOOL

OF

LAW

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Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

n

"

..

Y

""I>

•

States

with

GHG

Emissions

Targets

Ilil

UslVlllSlIY

ur

lIXA'

AI

"llSIl"

SCHOOL

OF

LAW

Source:

Pew

Center

on

Global

Climate

Change

Regional

Climate

Initiatives

•

Regional

Greenhoose

Gas

Initiative

RGGI

•

ROOI

Observer

.Midwestern

Regional

GHG

RedoctionAccord

MRGHGRAObS91'Vef

.Western

Climate

lnitiative

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Pew

Center

on

Global

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Change

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amate

lniti<Jtive

Observer

till

u

..

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SCHOOL

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LAW

3

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

•

EIS

required

for

"major

Federal

actions"

•

Court

challenges

for

failure

to

address

GHG

emissions

in

EIS.

forest

plans.

federal

funding

decisions

Illi

U-.JrVlll.SI

TY

<11

l1X'"

",

""1111<

SCHOOL

or

LAW

Species

Act

•

Listing

Decisions

•

Designation

of

Critical

Habitat

•

Consultation

Requirement

•

Prohibition

on

"Take"

•

Incidental

Take

Authorization

Photo

Credit:

USFWS

IHI

Uo,;'\IR"n

III

T1X"'\

AT

AI

lIlI<

SCHOOL

or

LAW

4

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

•

High

likelihood

of

federal

law

in

near

future

•

States

have

taken

action

to

address

emissions

from

electricity

generating

sector,

mobile

sources,

agriculture

•

Federal

agencies

are

incorporating

analyses

of

climate

change

impacts

into

NEPA

documents

and

endangered

species

decisions

,

Tttl

no,JlVIRSllYUI

11X~'''1

"U\IIN

SCHOOL

OF

LAW

5

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

Climate

Communities,

"Climate

Action

from

the

Ground

Up:

Agenda

for

Federal

Action,"

<

www.climatecommunities.us

>.

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

Agenda

for

Federal

Action

Climate

change

is

the

challenge

of

our

generation.

What

we

do

or

don't

do

to

address

this

challenge

in

the

coming

years

will

have

a

fundamental

impact

on

the

security,

economic

well-

being,

and

quality

of

life

for

Americans

and

citizens

throughout

the

world

for

generations

to

come.

By

tackling

the

climate

challenge,

America

can

help

achieve

some

of

our

most

important

national

objectives

-

energy

independence

and

national

security,

economic

competitiveness

and

job

creation,

protection

of

public

health

and

the

environment,

and

sustainable

community

development.

Local

governments

from

across

America

have

formed

a

new

national

coalition

that

will

pursue

federal

policies

that

support

climate

change

action

from

the

ground

up.

Climate

Communities

has

convened

cities,

counties,

councils

of

government,

utility

districts

and

other

units

of

local

government

to:

(I)

educate

national

policy-makers

on

the

critical

role

of

local

governments

in

reducing

greenhouse

gas

(OHO)

pollution

and

adapting

to

the

impacts

of

climate

change;

and

(2)

ensure

that

Congress

and

federal

agencies

enact

policies

and

programs

that

provide

the

resources,

tools

and

incentives

localities

need

to

meet

the

climate

change

challenge.

The

Climate

Communities

federal

action

agenda

includes

the

following:

>-

Promote

national

cap-and-trade

legislation

that

supports

local

government

climate

actions

with

a

fair

share

of

resources

from

the

proposed

$100

billion

annual

regulatory

system.

>-

Ensure

that

Congress

and

the

Administration

provide

full

funding

of

$2

billion

in

FY

2009

for

the

new

Energy

Efficiency

and

Conservation

Block

Grants,

and

fully

funds

other

local

government

grant

programs

authorized

by

the

new

energy

law.

>-

Urge

Congress

to

provide

$15

million

in

FY

2009

to

create

50

U.S.

Environmental

Protection

Agency

(EPA)

"Climate

Communities

Demonstration

Pilots."

>-

Urge

Congress

to

provide

$50

million

in

FY

2009

to

expand

the

U.S.

Department

of

Energy's

(DOE)

"Clean

Cities

Program,"

which

supports

clean

fuels

and

low-emission

vehicles

at

the

local

level.

>-

Ensure

that

reauthorization

of

the

federal

transportation

law

provides

a

significant

portion

of

the

expected

$300+

billion

federal

transportation

investment

for

local

land

use

and

transportation

planning,

public

transit,

green

vehicles,

and

other

local

actions

that

reduce

vehicle

miles

traveled

(VMT)

and

curb

carbon

emissions.

>-

Direct

resources

to

EPA,

the

Federal

Emergency

Management

Agency

(FEMA),

and

the

National

Oceanic

&

Atmospheric

Administration

(NOAA)

to

help

localities

create

climate

resilient

communities

that

are

prepared

to

prevent

and

address

the

impacts

of

climate

change.

WWIN.climatecommunities.us

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

Counties

and

pledged

to

reduce

GHG

emissions

by

80

percent

by

the

year

2050.

Moreover,

localities

continue

to

be

the

leaders

in

developing

innovative

programs

and

policies

and

serve

as

the

laboratories

for

innovative

technologies

as

our

nation

strives

to

develop

the

best

approaches

to

combat

climate

change.

For

example:

~

King

County,

WA

recently

announced

plans

to

purchase

500

new

hybrid

buses

over

the

next

five

years

as

part

of

its

effort

to

convert

the

County's

entire

transit

and

vehicle

fleet

to

low-emission

vehicles.

~

Nassau

County,

NY

recently

launched

its

"Green

Levittown"

initiative,

a

public-private

partnership

to

help

the

17,000

residents

of

America's

first

suburb

conduct

home

energy

audits,

replace

old

boilers

and

make

other

home

energy

savings

improvements.

Nassau

County

aims

to

reduce

carbon

emissions

from

Levittown

homes

by

20

percent

in

2008.

~

The

City

of

Stamford,

CT

recently

launched

"Stamford

Cool

&

Green

2020,"

a

multi-

faceted

climate

protection

plan

including

an

Energy

Improvement

District

to

promote

combined

heat

and

power

and

renewable

energy,

green

building

standards

for

commercial

buildings,

a

green

lighting

program

to

encourage

citizens

to

use

compact

fluorescents,

and

property

tax

relief

for

citizens

who

purchase

hybrid

cars.

~

Sacramento

County,

CA

and

the

Sacramento

Area

Council

of

Governments,

CA

have

established

a

blueprint

for

the

metropolitan

region

that

links

transportation

investments

to

a

vision

of

sustainable

future

growth

and

development,

served

by

public

transit,

walkability

measures,

and

other

approaches

to

reduce

YMT

in

the

region

by

27

percent

by

2050.

Local

government

action

will

continue

to

be

critical

to

addressing

America's

climate

change

challenge.

If

localities

are

not

able

to

foster

major

reductions

in

GHG

emissions

in

their

jurisdictions

-

through

green

buildings,

clean

transportation,

green

energy,

green

jobs,

and

sustainable

community

development

-

America

will

fail

to

meet

the

climate

challenge.

More

than

any

other

sector,

local

governments

have

the

ability

to

promote,

encourage

and

lead

the

effort

to

reduce

GHG

pollution.

Localities

are

ideally

suited

to

implement

land

use

planning,

building

codes,

infrastructure

improvements,

green

technology,

sustainable

economic

development

and

other

local

actions

that

must

underlie

climate

change

progress.

For

example,

only

local

governments

can

implement

the

land

use

and

transportation

planning

required

to

reduce

vehicle

miles

traveled,

which

is

essential

to

reducing

GHG

emissions.

Moreover,

localities

are

uniquely

suited

to

develop

and

implement

new

building

codes

and

green

building

incentives

to

reduce

energy

use

in

residential

and

commercial

buildings,

which

are

responsible

for

more

than

one

third

of

the

nation's

GHG

emissions.

www.climatecommunities.us

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

A

STRONG

LOCAL-FEDERAL

PARTNERSHIP

IS

ESSENTIAL

TO

ADDRESSING

CLIMATE

CHANGE

While

local

governments

are

uniquely

suited

to

playa

leadership

role

in

addressing

climate

change,

a

strong

partnership

with

the

federal

government

is

essential.

Like

homeland

security,

addressing

climate

change

will

require

a

national

response

and

commitment.

Whilemany

localities

have

pledged

action

to

prevent

and

adapt

to

climate

change,

most

are

just

beginning

to

develop

their

climate

protection

plans.

In

order

to

turn

local

climate

pledges

into

real

action,

localities

need

funding,

incentives,

and

other

assistance

from

the

federal

government.

However,

despite

thecritical

role

of

local

governments

in

meeting

the

climate

challenge,

the

federal

government

currently

provides

very

little

funding

or

assistance

to

help

localities

develop

local

climate

protection

strategies

and

deploy

innovative

approaches

for

green

buildings,

clean

transportation,

reduction

of

vehicle

miles

traveled,

and

other

local

actions.

While

President

Bush

recently

signed

new

energy

legislation

authorizing

$2

billion

a

year

for

energy

efficiency

block

grants

to

local

governments,

Congress

must

now

decide

how

much

to

appropriate

for

this

new

program.

Equally

important,

climate

change

legislation

being

considered

by

Congress

now

-

including

the

cap-and-trade

bill

introduced

by

Senators

Joseph

Lieberman

(I-CT)

and

John

Warner

(R-VA)

and

the

climate

change

principles

put

forth

by

House

Energy

&

Commerce

Committee

Chairman

John

Oingell

(O-MI)

and

Energy

and

Air

Quality

Subcommittee

Chairman

Rick

Boucher

(0-

V

A)

-

provides

no

funding,

no

allowance

allocations,

no

auction

proceeds,

no

offset

credits,

no

technical

assistance,

and

no

direct

help

for

local

climate

activities.

CLIMATE

COMMUNITIES

FEDERAL

POLICY

ACTION

AGENDA

To

ensure

that

local

governments

have

the

tools,

resources,

and

incentives

from

the

federal

government

needed

to

tackle

the

climate

challenge,

the

Climate

Communities

coalition

is

launching

an

ambitious

national

advocacycampaign

focused

on

the

following

four

goals

in

2008

and

beyond:

I.

CAP-AND-

TRADE

CREDITS

FOR

LOCAL

ACTIONS

TO

ADDRESS

CLIMATE

CHANGE:

Climate

Communities

will

support

ambitious

cap-and-trade

legislation

and

work

to

ensure

that

it

empowers

local

government

and

metropolitan

regional

action

to

reduce

GHG

emissions.

Although

cap-and-trade

incentives

to

State

programs

are

important,

they

cannot

substitute

for

incentives

directly

to

local

governments.

The

coalition

will

work

with

leaders

of

the

Senate

Environment

and

Public

Works

Committee

to

ensure

that

the

Lieberman-Warner

Climate

SecurityAct

provides

cap-and-trade

incentives

directly

to

local

governments

for

greenactions.

Likewise,

the

coalition

will

work

with

leadership

of

the

House

Energy

&

Commerce

Committee

www.climatecommunities.us

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

energy

projects,

energy

efficiency

projects,

changeover

to

green

municipal

and

private

sector

fleets,

emissions-reducing

green

infrastructure

projects

(e.g.,

green

rooftops),

and

programs

and

projects

that

reduce

vehicle

miles

traveled

in

the

metropolitan

region.

Auction

proceeds

may

be

used

directly

on

eligible

local

projects,

be

provided

by

the

locality

as

incentives

for

private

sector

action

by

the

local

government,

or

be

used

to

build

local

government

program

capacity

to

support

eligible

projects.

~

Allows

regulated

industries

(utilities,

manufacturers,

transportation

sector)

to

offset

carbon

emissions

by

funding

or

implementing

eligible

cost-shared

local

government

initiatives

that

result

in

quantifiable,

surplus,

enforceable,

permanent

GHG

emission

reductions.

Local

governments

that

are

eligible

to

receive

offset

projects

could

be

known

as

"CORE

Communities

-

Carbon

Offset

Receiving

Enterprise

Communities."

~

Allocates

emissions

allowances

to

units

of

local

government

that

achieve

quantifiable,

surplus,

enforceable,

permanent

reductions

in

carbon-equivalent

emissions

through

eligible

local

pollution

reduction

activities.

Eligible

emission

reduction

activities

can

include

activities

conducted

by

the

local

government,

or

private

sector

projects

that

are

incentivized

by

a

locality

and

aggregated

for

cap-and-trade

credit.

2.

EXPAND

FY

2009

FEDERAL

FUNDING

FOR

LOCAL

CLIMA

TE

ACTION:

Climate

Communities

will

advocate

for

increased

FY

2009

appropriations

for

federal

programs

that

support

local

efforts

to

combat

climate

change,

including:

~

$

15

million

in

annual

funding

for

an

EPA

grantprogram

to

provide

grants

to

implement

50

annual

local

government

"Climate

Communities

Demonstration

Pilots"

that

enable

the

local

government

to

establish

a

local

climate

program

and

fund

a

"Climate

Coordinator"

position.

~

$2

billion

in

annual

funding

for

Energy

Efficiency

and

Conservation

Block

Grants,

as

well

as

full

funding

for

other

local

government

grant

programs

authorized

by

the

new

Energy

Bill.

~

Increasing

the

DOE's

"Clean

Cities"

program

to

$50

million

annually

to

support

cities

and

other

units

of

local

government

with

clean

transportation

resources.

3.

ENSURE

THAT

SAFETEA-LU

REAUTHORIZATION

INVESTS

IN

LOCAL

CLIMATE

PROTECTION

ACTIONS:

Climate

Communities

will

work

with

allied

organizations

to

develop

and

support

proposals

to

change

the

federal

transportation

law

in

ways

that

enhance

the

ability

of

local

governments

to

combat

climate

change.

Top

priorities

will

include:

~

Increasing

total

resources

and

federal-local

share

ratios

(to

80-90%

federal),

and

streamlining

approval

processes,

for

public

transit

(rail,

bus)

projects

that

reduce

energy

use,

GHG,

and

YMT.

www.climatecommunities.us

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

~

Funding

studies,

demonstration

projects

and

training

programs

to

support

local

government

efforts

to

prepare

for

and

protect

against

the

impacts

of

climate

change

on

transportation

infrastructure.

4.

NATIONAL

PROGRAMS

TO

SUPPORT

CLIMATE

RESILIENT

COMMUNITIES:

Climate

Communities

seeks

expanded

federal

programs

that

support

research,

demonstration

and

deployment

activities

supporting

local

government

efforts

to

prevent

and

adapt

to

the

exacerbated

impacts

of

climate

change

(e.g.,

rising

sea

level,

impacts

on

water

supply,

increased

flooding,

more

fires,

and

more

severe

storm

events).

This

includes:

~

Increasing

funding

for

FEMA's

pre-disaster

hazard

mitigation

program

and

ensuring

that

such

funds

may

be

used

by

localities

for

climate

change

adaptation

planning.

~

Creating

a

grant

program

at

EPA

to

address

local

and

regional

impacts

of

climate

change,

including

by

accommodating,

protecting,

or

relocating

affected

communities

and

public

infrastructure.

~

Creating

a

grant

program

for

NOAA

to

support

local

government

"coastal

community"

projects

under

Coastal

Zone

Management

Programs

to

plan

for

climate

impacts

on

localities.

~

Seeking

Congressional

and

Administration

support

for

the

creation

of

a

Federal

Interagency

Task

Force

on

Climate

Change

Adaptation,

in

order

to

promote

collaboration

and

integration

of

strategies

among

key

agencies

including

NOAA,

EPA,

FEMA,

the

U.S.

Army

Corps

of

Engineers,

the

Bureau

of

Reclamation,

the

U.S.

Department

of

Agriculture,

and

other

agencies.

For

more

information,

contact

Andrew

Seth

at

(202)

33

I

-8500

or

andy@climatecommunities.us.

www.climatecommunities.us

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

Anthony

Lacey,

"EPA

Regions

Draft

Internal

GHG

Plans

to

Prepare

for

Climate

Rules,"

InsideEPA

(August

19,

2008),

<

www.insideepa.com/

secure/docnum.asp?docnum=8192008

ghgplans&=epa

2001.ask

>.

Anthony

Lacey,

"EPA

Regions

Draft

Internal

GHG

Plans

to

Prepare

for

Climate

Rules,"

InsideEPA

(August

19,

2008),

<

www.insideepa.com/

secure/docnum.asp?docnum=8192008

ghgplans&=epa

2001.ask

>.

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

Internal

Plans

Prepare

Rules

AUSTIN,

TX

--

EPA

regions

are

moving

ahead

with

plans

to

lay

the

groundwork

for

mandatory

greenhouse

gas

(GHG)

controls

amid

headquarters'

reluctance

to

adopt

climate

rules,

with

regions

I,

VI

and

IX

all

drafting

plans

that

one

EPA

source

says

aim

to

transition

the

regions

from

voluntary

to

mandatory

efforts

to

curb

GHGs,

Region

VI

has

completed

the

first

round

of

an

evolving

plan

to

"encourage"

GHG

reductions,

with

a

long-term

goal

to

write

climate-related

provisions

into

key

mandatory

air

quality

plans,

Additionally,

regions

I

and

IX

are

also

pursuing

their

own,

similar

climate

plans

to

prepare

for

an

expected

mandatory

climate

regime,

sources

say,

One

activist

says

the

fact

that

regions

are

moving

forward

despite

headquarters'

resistance

to

issuing

GHG

rules

highlights

a

vast

internal

split

on

climate

change

within

EPA.

Development

of

the

regional

climate

change

plans

is

"evidence

that

many

career

employees

at

EPA

have

spent

a

great

deal

of

time

thinking

about

climate

change

and

appear

prepared

to

move

forward

once

the

political

leadership

changes

in

a

new

administration,"

the

source

says,

At

the

same

time,

one

informed

industry

source

says

career

staff

at

EPA

headquarters

are

planning

for

how

to

push

climate

change

policies

once

the

Bush

administrationleaves

office.

A

second

informed

source

notes

that

EPA's

draft

advance

notice

of

proposed

rulemaking

for

regulating

GHGs

under

the

Clean

Air

Actmay

serve

as

a

blueprint,

despite

the

fact

that

Administrator

Stephen

Johnson

disavowed

the

idea

of

using

the

air

act

to

regulate

GHGs

in

a

preamble

to

the

draft.

Meanwhile,

the

regional

EPA

climate

plans

are

drawing

fire

from

opponents

of

mandatory

climate

controls,

with

one

source

saying

they

represent

overreaching

by

the

agency's

regions.

The

source

says

it

should

be

up

to

Congress

to

develop

the

groundwork

for

any

climate

control

regime,

and

that

EPA'sjob

would

be

to

implement

the

legislation,

rather

than

working

on

policy

measures

now.

Region

VI's

Rlan

which

several

agency

officials

say

will

evolve

through

a

series

of

updates,

now

lays

out

various

methods

for

encouraging

voluntary

GHG

reductions

from

industry.

Butfuture

versions

of

the

plan

will

focus

more

on

regulatory

mechanisms

for

reducing

emissions,

including

adding

new

provisions

to

state

air

quality

plans,

consent

decrees,

National

Environmental

Protection

Act

(NEP

A)

compliance

documents

and

more.

Copies

of

Region

VI's

plan,

titled

Clean

Energy

&

Climate

Change

Strategy,

were

circulated

at

the

Texas

Environmental

Superconference

here

Aug.

7,

and

a

regional

air

official

gave

a

presentation

outlining

what

some

sources

say

is

an

ambitious

future

for

the

document,

including

policy

options

for

reducing

GHGs.

httn'/

/;n<':lr1ppn~

('()m/<;.:prJ1rp/t1nrmltTl

~o::;:n?rI()rnl1m=~

1

Q')nn~

ahanh:m",Xrf=pn~

jn()

1

~<:;:k

RnnnnnR

Internal

Plans

Prepare

Rules

AUSTIN,

TX

--

EPA

regions

are

moving

ahead

with

plans

to

lay

the

groundwork

for

mandatory

greenhouse

gas

(GHG)

controls

amid

headquarters'

reluctance

to

adopt

climate

rules,

with

regions

I,

VI

and

IX

all

drafting

plans

that

one

EPA

source

says

aim

to

transition

the

regions

from

voluntary

to

mandatory

efforts

to

curb

GHGs,

Region

VI

has

completed

the

first

round

of

an

evolving

plan

to

"encourage"

GHG

reductions,

with

a

long-term

goal

to

write

climate-related

provisions

into

key

mandatory

air

quality

plans,

Additionally,

regions

I

and

IX

are

also

pursuing

their

own,

similar

climate

plans

to

prepare

for

an

expected

mandatory

climate

regime,

sources

say,

One

activist

says

the

fact

that

regions

are

moving

forward

despite

headquarters'

resistance

to

issuing

GHG

rules

highlights

a

vast

internal

split

on

climate

change

within

EPA.

Development

of

the

regional

climate

change

plans

is

"evidence

that

many

career

employees

at

EPA

have

spent

a

great

deal

of

time

thinking

about

climate

change

and

appear

prepared

to

move

forward

once

the

political

leadership

changes

in

a

new

administration,"

the

source

says,

At

the

same

time,

one

informed

industry

source

says

career

staff

at

EPA

headquarters

are

planning

for

how

to

push

climate

change

policies

once

the

Bush

administrationleaves

office.

A

second

informed

source

notes

that

EPA's

draft

advance

notice

of

proposed

rulemaking

for

regulating

GHGs

under

the

Clean

Air

Actmay

serve

as

a

blueprint,

despite

the

fact

that

Administrator

Stephen

Johnson

disavowed

the

idea

of

using

the

air

act

to

regulate

GHGs

in

a

preamble

to

the

draft.

Meanwhile,

the

regional

EPA

climate

plans

are

drawing

fire

from

opponents

of

mandatory

climate

controls,

with

one

source

saying

they

represent

overreaching

by

the

agency's

regions.

The

source

says

it

should

be

up

to

Congress

to

develop

the

groundwork

for

any

climate

control

regime,

and

that

EPA'sjob

would

be

to

implement

the

legislation,

rather

than

working

on

policy

measures

now.

Region

VI's

Rlan

which

several

agency

officials

say

will

evolve

through

a

series

of

updates,

now

lays

out

various

methods

for

encouraging

voluntary

GHG

reductions

from

industry.

Butfuture

versions

of

the

plan

will

focus

more

on

regulatory

mechanisms

for

reducing

emissions,

including

adding

new

provisions

to

state

air

quality

plans,

consent

decrees,

National

Environmental

Protection

Act

(NEP

A)

compliance

documents

and

more.

Copies

of

Region

VI's

plan,

titled

Clean

Energy

&

Climate

Change

Strategy,

were

circulated

at

the

Texas

Environmental

Superconference

here

Aug.

7,

and

a

regional

air

official

gave

a

presentation

outlining

what

some

sources

say

is

an

ambitious

future

for

the

document,

including

policy

options

for

reducing

GHGs.

httn'/

/;n<':lr1ppn~

('()m/<;.:prJ1rp/t1nrmltTl

~o::;:n?rI()rnl1m=~

1

Q')nn~

ahanh:m",Xrf=pn~

jn()

1

~<:;:k

RnnnnnR

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

importance

of

finding

ways

to

curb

GHG

emissions.

Region

VI

includes

Arkansas,

Louisiana,

New

Mexico,

Oklahoma

and

Texas.

Describing

the

plan

as

a

"living

document,"

Kordzi

told

the

conference

that

it

encompasses

a

range

of

near-term

plans

that

include

promoting

coastal

protection

and

adaptation;

advancing

the

use

of

alternative

and

renewable

energy;

and

reducing

the

agency's

own

carbon

footprint,

among

other

steps.

The

plan

notes

thatthat

Region

VI

has

"several

policy

advisors

and

senior

managers

invested

in

[its]

development

and

initiation"

and

that

the

effort

will

be

an

ongoing

process.

Future

editions

of

the

plan

are

set

to

include

more

sweeping

measures,

including

promoting

regulatory

incentives

for

companies

to

reduce

their

GHG

emissions,

such

as

climate

control

provisions

in

SIPs,

consent

decrees,

NEPA

compliance

documents

and

others.

Additionally,

the

document

will

strongly

promote

national

programs,

such

as

the

Energy

Star

efficient

product

program

run

by

EPA

and

the

Energy

Department.

A

third

informed

source

welcomes

development

of

the

regional

climate

plans,

saying

it

shows

initiative

by

staff-level

agency

employees

to

prepare

their

offices

for

a

smooth

transition

to

a

mandatory

climate

control

regime.

For

example,

several

ofthe

long-term

proposals

in

Region

VI's

plan

--

including

implementing

GHG

reduction

provisions

in

SIPs

--

are

likely

to

be

an

element

of

future

climate

rules,

the

source

says.

"These

are

things

that

are

going

to

be

happening,"

the

source

says

of

various

provisions

in

Region

VI's

plan,

adding,

"They're

being

smart

by

getting

ready"

for

a

future

mandatory

climate

regime.

Several

sources

say

that

Regions

I

and

IX

are

also

developing

their

own

climate

change

plans

to

transition

to

a

new

administration

when

EPA

is

widely

expected

to

promulgate

GHG

rules.

The

two

regions

cover

major

parts

of

the

United

States,

with

Region

I

encompassing

six

New

England

states

and

Region

IX

covering

Arizona,

California,

Hawaii,

Nevada

and

the

Pacific

Islands.

Region

VI's

plan

says

that

states

in

the

region

generate

35

percent

of

the

nation's

fossil

fuel-derived

C02

emissions

from

industrial

sources,

and

15

percent

of

the

nation's

C02

emissions

from

transportation

and

electric

power

sources.

The

plan

says

the

region

is

taking

steps

to

make

a

"difference

over

the

next

six

months

and

beyond"

by

focusing

on

reducing

GHGs,

conserving

energy,

adapting

to

climate

change

impacts,

and

promoting

clean

or

renewable

energy

sources.

Under

the

plan,

Region

VI

will

develop

a

multi-divisional

resource

network

to

assist

states,

local

agencies,

industry,

the

public

and

tribes

to

create

projects

to

boost

energy

efficiency.

The

region

also

plans

"focused"

stakeholder

sessions

to

advance

policy

and

program

goals

relating

to

R!?()!?()()R

importance

of

finding

ways

to

curb

GHG

emissions.

Region

VI

includes

Arkansas,

Louisiana,

New

Mexico,

Oklahoma

and

Texas.

Describing

the

plan

as

a

"living

document,"

Kordzi

told

the

conference

that

it

encompasses

a

range

of

near-term

plans

that

include

promoting

coastal

protection

and

adaptation;

advancing

the

use

of

alternative

and

renewable

energy;

and

reducing

the

agency's

own

carbon

footprint,

among

other

steps.

The

plan

notes

thatthat

Region

VI

has

"several

policy

advisors

and

senior

managers

invested

in

[its]

development

and

initiation"

and

that

the

effort

will

be

an

ongoing

process.

Future

editions

of

the

plan

are

set

to

include

more

sweeping

measures,

including

promoting

regulatory

incentives

for

companies

to

reduce

their

GHG

emissions,

such

as

climate

control

provisions

in

SIPs,

consent

decrees,

NEPA

compliance

documents

and

others.

Additionally,

the

document

will

strongly

promote

national

programs,

such

as

the

Energy

Star

efficient

product

program

run

by

EPA

and

the

Energy

Department.

A

third

informed

source

welcomes

development

of

the

regional

climate

plans,

saying

it

shows

initiative

by

staff-level

agency

employees

to

prepare

their

offices

for

a

smooth

transition

to

a

mandatory

climate

control

regime.

For

example,

several

ofthe

long-term

proposals

in

Region

VI's

plan

--

including

implementing

GHG

reduction

provisions

in

SIPs

--

are

likely

to

be

an

element

of

future

climate

rules,

the

source

says.

"These

are

things

that

are

going

to

be

happening,"

the

source

says

of

various

provisions

in

Region

VI's

plan,

adding,

"They're

being

smart

by

getting

ready"

for

a

future

mandatory

climate

regime.

Several

sources

say

that

Regions

I

and

IX

are

also

developing

their

own

climate

change

plans

to

transition

to

a

new

administration

when

EPA

is

widely

expected

to

promulgate

GHG

rules.

The

two

regions

cover

major

parts

of

the

United

States,

with

Region

I

encompassing

six

New

England

states

and

Region

IX

covering

Arizona,

California,

Hawaii,

Nevada

and

the

Pacific

Islands.

Region

VI's

plan

says

that

states

in

the

region

generate

35

percent

of

the

nation's

fossil

fuel-derived

C02

emissions

from

industrial

sources,

and

15

percent

of

the

nation's

C02

emissions

from

transportation

and

electric

power

sources.

The

plan

says

the

region

is

taking

steps

to

make

a

"difference

over

the

next

six

months

and

beyond"

by

focusing

on

reducing

GHGs,

conserving

energy,

adapting

to

climate

change

impacts,

and

promoting

clean

or

renewable

energy

sources.

Under

the

plan,

Region

VI

will

develop

a

multi-divisional

resource

network

to

assist

states,

local

agencies,

industry,

the

public

and

tribes

to

create

projects

to

boost

energy

efficiency.

The

region

also

plans

"focused"

stakeholder

sessions

to

advance

policy

and

program

goals

relating

to

R!?()!?()()R

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *

---

address

specific

environmental

harm.

However,

the

source

who

opposes

climate

controls

says

the

regional

plan

is

out

of

bounds,

criticizing

the

introduction

to

the

Region

VI

plan

which

aims

to

"lay

the

groundwork"

for

future

GHG

controls.

The

document

"just

gets

worse

from

there,

as

EPA

envisions

many

big,

big

things

for

itself,"

the

source

says.

--

Anthony

Lacey

8192008

_ghgplans

Home

I

Dilily

News

I

Documents

I

The

Insider

I

About

Us

I

Tt:lms

&

Conditions

I

Privacy

Policy

I

Contact

©

2000-2008.

Inside

Washington

Publishers.

P.O.

Box

7167,

Ben

Franklin

Station,

Washington,

DC

20044

httn.!J;n<;<lppno

rnm!<pr.m"I';nr.nllm

o<n?';nr.nllm=R

19200R

Qhlmlans&f=eoa

2001.ask

8/20/2008

address

specific

environmental

harm.

However,

the

source

who

opposes

climate

controls

says

the

regional

plan

is

out

of

bounds,

criticizing

the

introduction

to

the

Region

VI

plan

which

aims

to

"lay

the

groundwork"

for

future

GHG

controls.

The

document

"just

gets

worse

from

there,

as

EPA

envisions

many

big,

big

things

for

itself,"

the

source

says.

--

Anthony

Lacey

8192008

_ghgplans

Home

I

Dilily

News

I

Documents

I

The

Insider

I

About

Us

I

Tt:lms

&

Conditions

I

Privacy

Policy

I

Contact

©

2000-2008.

Inside

Washington

Publishers.

P.O.

Box

7167,

Ben

Franklin

Station,

Washington,

DC

20044

httn.!J;n<;<lppno

rnm!<pr.m"I';nr.nllm

o<n?';nr.nllm=R

19200R

Qhlmlans&f=eoa

2001.ask

8/20/2008

Electronic Filing - Received, Clerk's Office, October 1, 2008

* * * * * PCB 2009-021 * * * * *