4. Regulatory Framework
Definition
Criteria Pollutant: An air pollutant for which acceptable levels of exposure have
been determined and documented (in a criteria document), and for which an
ambient air quality standard has been set.
Other Pollutants: Anything introduced into the air that can cause nuisance,
damage, disease or death to living creatures, or damage to crops or the
environment
Federal
U.S. Environmental Protection Agency (EPA)
Federal Clean Air Act (FCAA) (1970, Amendments 1990)
National Ambient Air Quality Standards (NAAQS) (see handout)
Ozone, PM (10 and 2.5), CO, NO , SO , lead,
2 2
Attainment Designation and Classification
State Implementation Plans (SIPs)
North America | Europe | Australia | Asia
www.firstcarbonsolutions.com
4
5. California's regulatory forays
predate the federal/EPA
Regulatory Framework regulation, that's why we get
special clearance to regulate
(with permission) tailpipe
State emissions.
California Air Resources Board (ARB)
California Clean Air Act (CCAA) (1988)
California Ambient Air Quality Standards (CAAQS)
Local air district oversight, approving air quality attainment
plans, submitting SIPs to EPA, monitoring, area designations,
Regulatory Authority
On-road/Off-Road Emissions Limits, “In Use” Rules, Permits,
ATCMs, Consumer Products, Agricultural
North America | Europe | Australia | Asia
www.firstcarbonsolutions.com
6. Regulatory Framework
Local
35 air districts for 15 air basins
Attain and maintain air quality conditions
Air Quality Attainment Plans
Adoption and enforcement of rules and regulations
Permitting
Inspections
CEQA guide
Thresholds of significance
Screening tools
Analysis methodology
Mitigation strategies
North America | Europe | Australia | Asia
www.firstcarbonsolutions.com
7. Impact Assessments
Construction-Related Operation-Related
Activities Activities
Off-Road Mobile Off-Road Mobile
Sources Sources
On-Road Mobile
Sources
On-Road Mobile
Sources Area Sources
ROG/VOC from paints
and curing asphalt. Area Sources
Stationary Sources
North America | Europe | Australia | Asia
www.firstcarbonsolutions.com
8. Tools of the Trade….
Models
Urban Emissions Model (URBEMIS)
California Emissions Estimator Model (CalEEMod)
California Emissions Factor Models (EMFAC,
OFFROAD)
North America | Europe | Australia | Asia
www.firstcarbonsolutions.com
9. Answer me this…CEQA Appendix G
A) Conflict with or obstruct implementation of the
applicable air quality plan
B) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation
C) Result in a cumulatively considerable net increase of
any Criteria Air Pollutants for which the project region is
non-attainment under an CAAQS or NAAQS
D) Expose sensitive receptors to substantial pollutant
concentrations
E) Create objectionable odors affecting a substantial
number of people
North America | Europe | Australia | Asia
www.firstcarbonsolutions.com
10. Now you have an impact…..
Thresholds of significance
Mitigation (on- and off-site)
Fees
Construction (e.g., watering, new equipment fleet)
Operational (e.g., trip reduction)
Modified Activity
Buffer Zones
Proving Reduction effectiveness
North America | Europe | Australia | Asia
0 www.firstcarbonsolutions.com
11. Greenhouse Gases
North America | Europe | Australia | Asia
1 www.firstcarbonsolutions.com
12. GHG, GWP, CO….WTF???
Definition
Any gas or particulate that absorbs infrared
radiation in the atmosphere : CO2, CH4, N2O
Global Warming Potential (GWP)
Used to normalize GHGs to units of CO2 equivalent (CO2e)
Example:
1 ton CH4 * 21 GWP = 21 tons CO2e
North America | Europe | Australia | Asia
2 www.firstcarbonsolutions.com
13. Regulatory Framework for GHG
Federal
Mandatory GHG reporting rule
National program to cut GHG emissions and improve fuel
economy for cars and trucks
Endangerment and cause or contribute findings (2009)
States EPA should regulate and develop standards for emissions of
any pollution from any class(es) of new motor vehicles (or
engines), which in judgment cause, or contribute to, air pollution,
which may reasonably be anticipated to endanger public health or
welfare
Climate change adaptation
North America | Europe | Australia | Asia
3 www.firstcarbonsolutions.com
14. Regulatory Framework for GHG
State and Local
Executive Order S-03-05
Established GHG emissions targets for California:
By 2010, Reduce to 2000 Levels
By 2020, Reduce to 1990 Levels
By 2050, Reduce to 80% below 1990
Oversight by Secretary of CalEPA with other state departments,
Climate Action Team
Biennial report on progress, impacts of global warming on
California, and mitigation and adaptation plans to combat impacts
No action for implementation to date
North America | Europe | Australia | Asia
4 www.firstcarbonsolutions.com
15. Health and Safety Code 38501. The Legislature finds and declares all of the
Global Climate Solutions Act
following: (a) Global warming poses a serious threat to the economic
well-being, public health, natural resources, and the environment of
California.
Required that GHG emissions be reduced to
1990 levels by 2020
Statewide cap on certain emissions to be
phased in, starting in 2012
ARB to develop regulations and reporting
system to track and monitor emission levels
North America | Europe | Australia | Asia
5 www.firstcarbonsolutions.com
16. So what does this all mean?
Small incremental emissions can be cumulatively
considerable….e.g. SJVAPCD
Can’t dance around it you have to assess significance and
recommend feasible, enforceable mitigation/alternatives
Absence of State thresholds is not an excuse to avoid
determining significance
Highest priority is securing feasible mitigation and/or
alternatives to reduce carbon emissions, including use of
offsets
North America | Europe | Australia | Asia
6 www.firstcarbonsolutions.com
17. Sources of Information and Guidance
CAPCOA Guidance 08’ & 10’
OPR Guidance 08’
ARB Scoping Plan 08’
Attorney Generals Mit. List 10’
North America | Europe | Australia | Asia
7 www.firstcarbonsolutions.com
18. ARB’s Scoping Plan
Strategies to achieve reduction includes ARB-
recommended GHG reductions for each emissions
sector of the state’s GHG inventory
Improved emission standards for light-duty vehicles
Low-Carbon Fuel Standard
Energy efficiency measures in buildings and appliances
and the widespread development of combined heat and
power systems
Renewable portfolio standard for electricity production
Reapproved in August 2011
North America | Europe | Australia | Asia
8 www.firstcarbonsolutions.com
19. Climate Change, GHG, CEQA….Oh My!
CEQA Guidelines were revised effective March 10,
2010
Key contents:
Determining significance
Use of existing streamlining tools
Appendix F – Energy Conservation
Appendix G – Checklist
Not there: quantified GHG threshold, vulnerability
provisions
North America | Europe | Australia | Asia
9 www.firstcarbonsolutions.com
20. Take it District by District
SCAQMD
SJVAPCD
GHG CEQA Significance Threshold Basis: Performance based
Working Group All projects that would result in an
Draft Guidance document - Interim increase in GHG emissions would be
CEQA GHG Significance Threshold subject to San Joaquin Valley APCD’s
(October 2008) Best Performance Standards (BPS)
Significance Threshold (5-Tier Projects implementing BPS would
Approach) be determined to have a less than
Tier 1: Applicable exemptions significant individual and cumulative
Tier 2: GHG emissions within GHG impact on climate change
budgets in approved ? Where are the BPSs
regional plans
Tier 3: GHG emissions incremental
increase below, or
mitigated to less than the
significance screening level
Tier 4: Performance standards
Tier 5: Offsets
North America | Europe | Australia | Asia
0 www.firstcarbonsolutions.com
21. Best Performance Standards
BPS Stationary Source Projects
Most stringent GHG emission reductions
technology
Achieved-in-Practice
Pre-quantified GHG emission reductions
BPS Development Projects
Any combination of approved measures
Achieved-In-Practice
Reducing GHG emissions by at least a 29%
North America | Europe | Australia | Asia
1 www.firstcarbonsolutions.com
22. Analytical Tools
Urban Emissions Model (URBEMIS) (http://www.urbemis.com/) (On- and Off-Road Mobile, Area)
BAAQMD’s GHG Model Add-on (BGM) (All) (http://www.urbemis.com/) (All)
SCAQMD’s CalEEMod (http://www.aqmd.gov/caleemod/download.htm) (All)
ARB On-Road Emission Factors Model (EMFAC 2011) (http://www.arb.ca.gov/msei/modeling.htm)
ARB Off-Road Emission Factors Model (OFFROAD 2007)
(http://www.arb.ca.gov/msei/offroad/offroad.htm)
EPA Climate Leaders GHG Inventory Guidance (http://www.epa.gov/climateleaders/resources/inventory-
guidance.html) (On- and Off-Road Mobile, Area, Stationary, and Indirect)
California Climate Action Registry (CCAR) General Reporting Protocol
(http://www.climateregistry.org/tools/protocols/general-reporting-protocol.html) (On- and Off-Road
Mobile, Area, Stationary, and Indirect)
World Resources Institute (WRI) GHG Protocol (http://pdf.wri.org/ghg_protocol_2004.pdf) (On- and Off-
Road Mobile, Area, Stationary, and Indirect)
ARB Regulation Order (http://www.arb.ca.gov/regact/2007/ghg2007/isor.pdf) (On- and Off-Road Mobile,
Area, Stationary, and Indirect)
ARB/CCAR/ICLEI/TCR Local Government Operations Protocol
(http://www.arb.ca.gov/cc/protocols/localgov/pubs/final_lgo_protocol_2008-09-25.pdf)
(On- and Off-Road Mobile, Area, Stationary, and Indirect
North America | Europe | Australia | Asia
2 www.firstcarbonsolutions.com
23. Sample Projects
Bell Village Project- City of Santa Rosa
Chik-Fa-La Project- City of Santa Rosa
Shore Power Project- Port of Oakland
SunPower Solar Project-County of Kings
Elk Grove SOI Expansion- Sacramento LAFCO
North America | Europe | Australia | Asia
3 www.firstcarbonsolutions.com
Hinweis der Redaktion
Anything: particulate, aerosol, biological Criteria pollutants: ozone, PM, CO, Nitrogen dioxide, Sulfur dioxide and lead
Some air districts are a single county, some are multi-counties. Some counties are split into multiple air districts (, and some county
(e.g., exhaust emissions from offsite haul truck & worker commute trips) (e.g., offsite haul truck & overall generation of trips and vehicle miles traveled) (e.g., onsite landscape maintenance & natural gas usage)
Each air district assesses these impacts differently. The impacts are also interrelated. Qualitative v. quantitative assessment
Facilities that emit 25,000 metric tons or more per year of GHGs are required to submit annual reports to EPA
AB 32 covers major sources of GHG emissions in the State such as refineries, power plants, industrial facilities, and transportation fuels. The regulation includes an enforceable GHG cap that will decline over time. ARB will distribute allowances, which are tradable permits, equal to the emission allowed under the cap.
These are outside of the local air district guidance Public workshop to discuss CEQA Thresholds of Significance for GHGs (December 2008) Industrial Projects: Quantitative standard of 7,000 metric tons CO2e/yr for operational emissions Performance standard for construction Residential and Commercial Projects: Performance standards for construction, energy, water, waste and transportation Upper limit on project emissions