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Carbon Dioxide Emissions
8/28/2009 12:00:27 PM EST
Thomas H. Clarke, Jr.
More elucidation re content of HR 2454, the House GHG legislation
Partner, Ropers Majeski Kohn & Bentley
As noted previously, when addressing a 1,200-page bill, it takes some time to find all the interesting pieces. A prior post noted some of those pieces; this post addresses several more.
 
Water Resources
 
Without 2 years of enactment, EPA is required to promulgate regulations for the underground injection and sequestration of CO2. The regulations must coordinate with Section 1421 of the Safe Drinking Water Act, which gives EPA authority to develop and administer underground injection control programs to protect sources of drinking water. The new CO2 program includes elements related to monitoring, recordkeeping, and emissions from sequestration sites; public participation in the certification process; sharing of data; elements to minimize the escape of sequestered CO2; and, financial responsibility requirements. Last year EPA proposed a new class of injection well to be used for CO2 sequestration [73 FR 43,492]; final action is not expected on the regulation until 2010. See http://openregs.com/regulations/view/5065 for more information on the proposed regulation.
 
Building Retrofits
 
The bill establishes a program to provide incentives for energy and water efficiency retrofits. Incentives of up to 50% of the cost of such retrofits in nonresidential buildings may be available.
 
Tree Planting
 
It is well known that trees can provide shade and air pollution filtration benefits. The bill provides a grant program for the planting of trees in residential and small office settings. The tree program also addresses issues such as reducing stormwater runoff.
 
Reports
 
Starting in 2013, and every four years thereafter, EPA is to report to Congress on risks attributable to climate change, including sea level increases and changes in waster quality and quantity. 
 
State Programs
 
The legislation provides for funding of state programs to "build resilience" to climate change effects [e.g., ecosystem disruption, extreme weather events (drought, hurricanes, flooding), increasing sea levels, and water quality]. States are required to prioritize projects that seek flood protection for urban areas, mitigate effects of rainfall, flooding, and hurricanes; mitigate effects of climate change on bays, estuaries, and populated barrier islands. The bill supports the construction of jetties, levies, and other coastal structures in densely populated coastal areas affected by climate change.
 
States and tribes must also develop climate adaptation plans that must be approved by the federal government.
 
A like series of actions and plans would be directed at the coastal zone.

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