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arbcombo -- Availability of ARB’s Final Determination on ODS Investigation November 14, 2014
Posted: 13 Nov 2014 15:56:05
The Air Resources Board (ARB) will release information related to the ODS investigation on the ARB website at 12:00 pm (noon) Pacific Time Friday, November 14, 2014. On May 29, 2014, 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). ARB’s Executive Officer has made a final determination that included a careful review of US EPA inspection reports, materials provided in response to subpoenas, and materials submitted during formal and informal comment periods. The final determination will be made publicly available at noon PT, November 14th, 2014, here: http://www.arb.ca.gov/cc/capandtrade/capandtrade.htm Background 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 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 and subsequently provided a 10-day informal comment period for stakeholders to review the Executive Officer’s preliminary determination. The 10-day informal comment period is not required by the Regulation. The Executive Officer had 30 calendar days from the end of the 10-day informal comment period to make a final determination whether to invalidate any compliance offset credits subject to review. The 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: capandtrade, cc, ghg-rep, ghg-ver.