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arbcombo -- Availability of ARB’s Preliminary Determination on ODS Investigation
Posted: 07 Oct 2014 16:33:09
The Air Resources Board (ARB) will release information related to the ODS investigation on the ARB website at 12:00 pm (noon) Pacific Time Wednesday, October 8th. On May 29, 2014, the California Air Resources Board (ARB) initiated an investigation of compliance offset credits issued for ozone depleting substance destruction events that took place at the Clean Harbors Incineration Facility in El Dorado, Arkansas (Facility) which may have been generated while the facility was not in compliance with provisions of its operating permit issued under the federal Resource Conservation and Recovery Act (RCRA). The Executive Officer has made a preliminary determination. The preliminary determination will be made publicly available at noon PT, October 8th, 2014, here: http://www.arb.ca.gov/cc/capandtrade/capandtrade.htm The following steps provide detail on the process towards the issuance of a final determination. 1. The posting of the preliminary determination begins a 10-day comment period that starts at noon PT, October 8, 2014 through 5 pm PT, October 17, 2014. During the 10-day comment period, ARB invites public comment on the preliminary determination. The 10-day comment period serves as an opportunity for the public to review and respond to the information considered by the Executive Officer in making a preliminary determination. Any additional materials received during this comment period will be evaluated and considered by the Executive Officer in making the final determination. This comment period is not required by the Cap-and-Trade Regulation, but ARB believes it is important for stakeholders to be aware of the information that was reviewed in support of the preliminary determination and to have an opportunity to provide additional relevant information prior to the Executive Officer making a final determination. 2. The conclusion of the 10-day comment period starts the regulatory 30-day period for the Executive Officer to make a final determination as to whether ARB will invalidate any compliance offset credits generated at the Facility. 3. After the 30-day period begins, the Executive Officer may issue the final determination at any time and does not need to wait for the 30-day period to conclude. 4. The release of the final determination will be noticed ahead of time to ensure all market participants receive the information simultaneously. 5. Once the final determination is made publicly available, offsets determined to be valid that were removed from accounts during the investigation will be returned to the holders of those offsets. Submission of Information during 10-Day Comment Period Only comments submitted at the link below will be considered by the Executive Officer in making a final determination: http://www.arb.ca.gov/cc/capandtrade/capandtrade.htm Background The California Air Resources Board (ARB) has been reviewing whether compliance offset credits issued for ozone depleting substances destruction events that took place at the Facility were generated while the Facility was not in compliance with provisions of its operating permit issued under the federal Resource Conservation and Recovery Act (RCRA). ARB believes the greenhouse gas reductions represented by the offsets are real, quantified, and verified reductions. The offset program serves as an important cost containment feature of the Cap-and-Trade Program. The Cap-and-Trade Regulation allows ARB to investigate and invalidate any issued compliance offset credits that were generated if the offset project activity and implementation of the offset project was not in accordance with all local, state, or national environmental and health and safety regulations during the reporting period for which the ARB offset credit was issued. During the period of review and until a final determination is issued, ARB has blocked transfers of potentially impacted compliance offset credits. Once ARB blocked the transfer of compliance offset credits under investigation on May 29, 2014, all parties identified as holders of potentially impacted compliance offset credits had 25 calendar days to provide additional information to ARB to aid in the review. ARB also requested specific additional information to aid in its review. The Executive Officer has 30 calendar days from the day that all information is submitted to make a final determination whether to invalidate any compliance offset credits subject to review. Once the review is completed, any compliance offset credits determined to meet the requirements of the Regulation, will be made available to the CITSS accounts of the respective owners. None of the compliance offset credits currently under review have been used for compliance in the Cap-and-Trade Program. California is in a drought emergency. Visit www.SaveOurH2O.org for water conservation tips. You are receiving this single arbcombo email because you are a subscriber to or have made a public comment to one or more of the following lists: capandtrade11, capandtrade13, capandtrade2012, capandtradelinkage12, capandtrade, cc, ghg-rep, ghg-ver.