Voluntary Greenhouse Gas Reporting, 15164-15169 [05-5606]
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Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations
DEPARTMENT OF ENERGY
10 CFR Part 300
Voluntary Greenhouse Gas Reporting
Office of Policy and
International Affairs, Department of
Energy.
ACTION: Notice of availability and
opportunity to comment.
AGENCY:
SUMMARY: The Department of Energy
(DOE) today gives notice that draft
Technical Guidelines for the revised
Voluntary Reporting of Greenhouse
Gases Program are available for review
and comment. DOE will hold a public
workshop to receive stakeholder views
on the draft Technical Guidelines, as
well as the interim final General
Guidelines that DOE is publishing in the
Rules and Regulations section of today’s
issue of the Federal Register. In
addition, DOE and the United States
Department of Agriculture will jointly
hold a public workshop to receive
stakeholder views on the draft
Technical Guidelines for Agriculture
and Forestry and related interim final
General Guidelines.
DATES: Written comments must be
received by May 23, 2005. The DOE
public workshop will be held on April
26 from 8 a.m. to 5 p.m. and on April
27, from 8 a.m. to 12 noon. The public
workshop on agricultural and forestry
issues, jointly sponsored by DOE and
the U.S. Department of Agriculture, will
be held on May 5, 8 a.m. to 5 p.m.
ADDRESSES: Send e-mail comments to:
1605bguidelines.comments@hq.doe.gov.
Alternatively, written comments may be
sent to: Mark Friedrichs, PI–40; Office of
Policy and International Affairs; U.S.
Department of Energy; 1000
Independence Ave., SW., Washington,
DC 20585. The DOE public workshop
will be held at the following location:
Crystal City Marriott Hotel at Reagan
National Airport, 1999 Jefferson Davis
Highway, Arlington, Virginia 22202.
Persons interested in registering for,
or in obtaining more information about,
this workshop should visit the following
Web site: https://www.pi.energy.gov/
enhancingGHGregistry/workshops.
The joint DOE/USDA workshop for
Agriculture and Forestry will be held on
May 5 at the following location: USDA–
APHIS Conference Center, 4700 River
Road, Riverdale, MD.
Persons interested in registering for
this workshop or in obtaining more
information about USDA’s efforts to
develop accounting rules and guidelines
for forestry and agriculture should visit
the following Web site: https://
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www.usda.gov/agency/oce/gcpo/
greenhousegasreporting.htm.
You may obtain electronic copies of
this notice, the draft Technical
Guidelines and other related
documents, find additional information
about the planned workshops, and
review comments received by DOE and
the workshop transcripts at the
following Web site: https://
www.pi.energy.gov/
enhancingGHGregistry/. Those without
internet access may access this
information by visiting the DOE
Freedom of Information Reading Room,
Rm. 1E–190, 1000 Independence
Avenue, SW., Washington, DC, 202–
586–3142, between the hours of 9 a.m.
and 4 p.m., Monday to Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mark Friedrichs, PI–40, Office of Policy
and International Affairs, U.S.
Department of Energy; 1000
Independence Ave., SW., Washington,
DC 20585, or e-mail:
1605bguidelines.comments@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Section 1605(b) of the Energy Policy
Act of 1992 directed DOE, with the
Energy Information Administration
(EIA), to establish a voluntary reporting
program and database on emissions of
greenhouse gases, reductions of these
gases, and carbon sequestration
activities (42 U.S.C. 13385(b)). A
specific purpose of the program is to
enable the entities to report reductions
of greenhouse gases. Section 1605(b)
directs DOE to issue guidelines, after
opportunity for public comment, that
establish procedures for the voluntary
reporting of specific greenhouse gas
emissions information. In 1994, DOE
issued General Guidelines and sectorspecific guidelines, and EIA issued
reporting forms, for the Voluntary
Reporting of Greenhouse Gases Program.
On February 14, 2002, the President,
as part of a larger initiative to address
the issue of global climate change,
directed the Secretary of Energy, in
consultation with the Secretary of
Commerce, the Secretary of Agriculture,
and the Administrator of the
Environmental Protection Agency, to
propose improvements to the Voluntary
Reporting of Greenhouse Gases Program.
These improvements are to enhance
measurement accuracy, reliability, and
verifiability, working with and taking
into account emerging domestic and
international approaches.
On December 5, 2003, DOE proposed
revised General Guidelines for the
Voluntary Reporting of Greenhouse
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Gases Program and, simultaneously,
announced that it intended to develop
for public comment Technical
Guidelines that would specify the
methods and factors to be used in
measuring and estimating greenhouse
gas emissions, emission reductions, and
carbon sequestration (68 FR 68204–05).
DOE is today making draft Technical
Guidelines available for review and
public comment. The draft Technical
Guidelines complement and are interrelated with the interim final revised
General Guidelines that DOE is
publishing in the Rules and Regulations
section of today’s issue of the Federal
Register. When issued as final, the
revised General Guidelines and the
Technical Guidelines, together with
new reporting forms being developed by
EIA, will fully implement the revised
Voluntary Reporting of Greenhouse
Gases Program.
The draft Technical Guidelines have
three parts:
• Emissions Inventory Guidelines
(Chapter 1), which includes detailed
guidance on how to measure or estimate
greenhouse gas emissions;
• Emission Reductions Guidelines
(Chapter 2), which includes guidance on
the selection and application of
emission reduction calculation
methods, including the establishment
and modifications of base periods and
base values; and
• Glossary, which defines terms used
only in the Technical Guidelines and
references the definitions in section
300.2 of the General Guidelines.
Components of the guidelines
relevant for agriculture and forestry
reporting have been shared with a
selected set of evaluators with
experience in greenhouse gas mitigation
technologies in agriculture and forestry.
The evaluators’ views on the technical
components and operability of the draft
Technical Guidelines as they relate to
the agriculture and forestry sectors will
be made available during the public
review process.
II. Summary of Draft Technical
Guidelines and Issues for Comment
The following discussion summarizes
the content of the draft Technical
Guidelines and identifies key issues
upon which DOE would like to focus
public review and comment.
1. Emission Inventory Guidelines
(Chapter 1)
The Inventory Chapter identifies and
rates methods for estimating emissions
and sequestration from a wide range of
sources. These guidelines build on (and
reference) several publicly available
documents related to the development
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of emissions inventories. The Inventory
Chapter consists of nine sections
covering the major sources of
greenhouse gas emissions: Overview;
Collecting Information; Stationary
Combustion; Transportation; Industrial
Processes; Indirect Emissions;
Engineered Sequestration; Agricultural
Emissions and Sequestration; Forestry
Emissions and Sequestration. The
Agriculture and Forestry sections
include technical appendices that can
be found at the following Web site:
https://www.usda.gov/oce/gcpo/
greenhousegasreporting.
a. Emissions Rating System. As
described in the preamble to the interim
final General Guidelines (see section II.
C. vi.), the emissions rating system
ordinally rates estimation methods and
is based on four criteria: Accuracy,
reliability, verifiability and practical
application. The best available method
is rated ‘‘A,’’ and given a value of four
points. The next best method is rated
‘‘B’’ and given a value of three points;
the next best is rated ‘‘C’’ and given a
value of two points; and the least
accurate method is rated ‘‘D’’ and given
a value of 1 point. If a reporter is
seeking to register reductions, the
weighted average rating for emissions
for the years used to calculate such
reductions must be 3.0 or greater.
Comments are invited regarding the
ordinal rating system in general
(including comparisons with other
systems, such as a cardinal rating
system); the appropriateness of the
estimation methods specifically
identified and their assigned ratings;
and other methods not covered in the
draft Technical Guidelines.
b. Alternative Inventory Methods. The
revised General Guidelines require
reporters to use methods described in
the Draft Technical Guidelines, unless
an alternative method has been
specifically approved by the Department
(see § 300.6(c) of the revised General
Guidelines). If a reporter wishes to
propose the use of a method that is not
described in the Draft Technical
Guidelines, the reporter must submit to
DOE a description of the method, an
explanation of how the method is
implemented (including information
requirements), and empirical evidence
of the method’s validity and accuracy.
c. Inventories of Indirect Energy. DOE
believes that the indirect emissions
reflected in entity inventories should
reflect, where practicable, the average
emissions rate of the power being
purchased. Since the average emissions
rates of electricity generation vary
widely by region, Chapter 1 of the draft
Technical Guidelines specifies that
entities reporting inventories of indirect
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emissions associated with the purchase
of electricity within the U.S. must use
regional values specified by EIA that
correspond to the average emission rates
of power generated within each of the
twelve North American Electricity
Reliable Council regions. Comparable
methods for determining the emission
rates of non-U.S. power generation must
be used to estimate the indirect
emissions from non-U.S. operations. If
the entity’s purchase contract specifies
that the electricity supplied is from
particular power generation sources,
then it may use an emission coefficient
that corresponds to these specific
sources. However, entities should note
that the emission reduction guidelines
contained in Chapter 2 specify the use
of a single emission coefficient for
purchased electricity, based on the
national average emissions rate for the
electric sector as a whole. DOE believes
that the national average emissions rate
is a better indicator of the emission
reductions resulting from reduced
demand for electricity than are the
regional values used in the development
of emission inventories. This means that
the indirect emissions associated with
purchased electricity will differ
depending on whether they are part of
the entity’s emissions inventory or
emission reduction assessment. DOE
specifically solicits comments on the
effects of specifying the use of different
emission coefficients for emission
inventories and emission reductions.
One form of electricity demand, the
losses associated with electricity
transmission and distribution, is not
explicitly addressed in the draft
Technical Guidelines for emission
inventories, although the emission
reduction guidelines identify an actionspecific method for calculating the
emission reductions that result from
reducing such losses. DOE solicits
recommendations on appropriate
methods for measuring or estimating
such losses that would permit the
associated emissions to be included in
entity inventories.
2. Emission Reduction Guidelines
(Chapter 2)
This chapter of the draft Technical
Guidelines provides detailed guidance
on the calculation of emission
reductions as described in section 300.8
of the revised General Guidelines.
a. Choosing calculation methods and
identifying subentities. The first step in
the process of calculating emission
reductions is the selection of the
appropriate calculation method and the
identification of the subentities, if
necessary, depending on the number of
calculation methods needed to capture
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the entity’s total reductions. As entities
change, it may be necessary to add or
modify subentities. This part of the
process is described in detail in section
2.2.3 of the Emission Reductions
Guidelines.
The guidance on the selection of
appropriate emission reduction
calculation methods makes clear that
the five methods identified in the
revised General Guidelines usually have
specific applications and are not
generally interchangeable. Any entity
that is using more than one method of
calculating emission reductions must
identify a distinct subentity for each
method used. As entities change, it may
be necessary to add or modify
subentities, so this section also provides
guidance on this process.
b. Base periods. The determination of
emission reductions requires that
current levels of emissions or some
other measure be compared with a
comparable measure for some previous
year or time period of up to four years,
referred to as the base period. Chapter
2 of the draft Technical Guidelines
describes how to establish base periods
and the circumstances under which
they can be changed.
DOE permits this flexibility in
defining the base period so that
reporters can select the time period that
is most representative of the actual past
operations of the entity or subentity for
which reductions are being estimated.
However, DOE does limit this flexibility
by requiring the last year of the base
period to be the year immediately
preceding the first year of reported
reductions. Once established, the base
period should remain fixed unless
changes in the entity or its output
require a change to the base period. For
entities that intend to register
reductions, all initial base periods must
end in the start year. This requirement
will limit the ability of reporters to
select a base period for which a
particular subentity had the highest
emissions or emissions intensity in
order to maximize the amount of
emission reductions.
Reporters are permitted to change the
base period used to calculate reductions
for an entity or subentity in a
subsequent reporting year only under
limited circumstances where there has
been a fundamental change in the
activity or structure of the entity or
subentity.
Public comment is specifically
solicited on the flexibility to set and
modify base periods, as well as on limits
to this flexibility, which are designed to
reduce the likelihood that reporters will
manipulate base periods in order to
maximize emission reductions.
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c. Base Values. A base value is the
emissions level, emissions intensity or
other value to which a comparable
reporting year value is compared in
order to calculate an emission
reduction. A base value can be a historic
emissions level, historic emissions
intensity, carbon stock, benchmark
emissions intensity or other quantity.
The Emission Reduction Guidelines
describe how to establish base values
and the circumstances under which
they can be changed.
DOE believes that base values should
be derived from or be directly correlated
to historic data to ensure that registered
reductions represent real reductions
relative to past emissions or emissions
intensity levels. In some cases, the draft
Technical Guidelines specify the use of
a benchmark provided by DOE or
calculated by the reporting entity
according the DOE’s guidelines. DOE
solicits comment on whether or not
reporters should be given the flexibility
to establish base values that are more
stringent than (usually lower than) the
base values derived from actual
performance during the base period.
While a more stringent base value
would reduce the quantity of registered
reductions for which an entity qualified,
such flexibility would enable entities to
use as the basis for calculating emission
reductions an emissions intensity or
technology threshold that might be more
meaningful or relevant to their industry.
If the base value is based on historic
conditions, it represents the emissions
or emissions intensity in the base period
of the entity or subentity as it is
configured in the reporting year. The
base value must be adjusted to reflect
the acquisition and divestiture of
business units and the insourcing and
outsourcing of emissions-producing
activities that has occurred since the
base period. Such adjustments to the
base value are necessary to ensure that
the comparison between base period
and reporting year emissions or
emissions intensity is valid and the
difference in emission or emissions
intensity are not due to changes in the
boundary of the entity or subentity.
Without such adjustments, a reporter
would be able to achieve a nominal
reduction in emissions intensity by
outsourcing an activity and related
emissions sources contributing to the
output of the entity or subentity.
Likewise, a reporter could be penalized
for insourcing emissions-producing
activities that it previously purchased
from outside sources.
Public comment is solicited on the
flexibility to set and modify base values,
as well as on limits to this flexibility,
which are designed to reduce the
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likelihood that reporters will
manipulate base periods in order to
maximize emission reductions.
d. Method-specific guidance. The
Emission Reduction Guidelines provide
detailed guidance for each of the five
calculation methods identified in
section 300.8 of the revised General
Guidelines.
i. Emissions intensity. This section of
the draft Technical Guidelines provides
detailed guidance on the use of
emission intensity methods to calculate
emission reductions.
Greenhouse gas intensity metrics,
which measure improvements in
emission intensity independent of
economic growth or growth in
production, use either a physical or an
economic value for the denominator.
The draft Technical Guidelines provide
a list of criteria to assist reporters in
selecting output metrics.
A number of trade associations and
manufacturers were interviewed to test
their comfort with physical metrics, and
any desire to use composites or indices.
Based on their responses, and comments
from stakeholders at workshops and in
writing, DOE has decided to urge the
use of physical metrics; however, in
some cases the use of physical metrics
becomes increasingly difficult and the
use of economic metrics may be an
appropriate alternative * * * Section
2.4.1.1 of the draft Technical Guidelines
lists acceptable measures of physical
output to assist potential reporters.
Public comment is specifically solicited
on this list and the need for additional
efforts to standardize the definition and
application of output metrics.
ii. Absolute emissions. The change in
absolute emissions method for
calculating reductions compares an
entity’s current (reduction year)
emissions with its emissions in the base
period. However, when using this
method, entities must demonstrate that
any emission reductions have not been
caused by reductions in the entity’s
output. This section of the draft
Technical Guidelines provides further
guidance on how to calculate emission
reductions using this method.
To demonstrate that its output has not
declined, a reporting entity must
identify a physical or economic measure
of the entity’s activity that can serve as
a sufficiently credible proxy for output.
The relationship between this activity
measure and entity output needs to be
sufficiently close to indicate the
direction of the change in activity. The
draft guidelines describe some of the
acceptable activity measures that might
be used for this purpose.
Base period emissions used to
calculate changes in absolute emissions
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must be adjusted to reflect boundary
changes, including acquisition and
divestiture of emission sources and
outsourcing or insourcing of emissionsproducing activities that existed during
the base period. Base period emissions
may include emissions from sources
that are no longer emitting in the
reduction year. However, no adjustment
may be made to base period emissions
resulting from the addition of new
emissions sources unless the reporter
can demonstrate that the addition of this
source represents the insourcing or
acquisition of an activity previously
conducted by another entity, rather than
the expansion of the existing activity of
the entity (also referred to as organic
growth).
This approach to calculating emission
reductions from changes in absolute
emissions is similar to the approach
specified in the Greenhouse Gas
Protocol developed by WRI/WBCSD,
with the proviso that this method
cannot be used if the entity’s output has
declined during the reporting period.
iii. Avoided emissions. Only entities
or subentities that do not have
emissions in their chosen base period
may rely exclusively on the method
specified in the Draft Technical
Guidelines for calculating avoided
emissions. Most entities that generate
and export (sell) electricity, heat or hot/
chilled water must use either changes in
absolute emissions or a method that
combines the consideration of changes
in emissions intensity and changes in
avoided emissions, which is described
below and in section 2.4.6 of the draft
Technical Guidelines.
Avoided Emission Benchmarks and
Indirect Emission Coefficients. The draft
Technical Guidelines specify various
benchmarks that must be used in the
calculation of reductions associated
with avoided emissions. For electricity,
the draft Technical Guidelines explain
that an avoided emissions benchmark
will be specified by EIA based on the
average emissions intensity of the U.S.
electric sector. Comparable benchmarks
must be used by entities when reporting
emissions reductions generated outside
the United States. During the
development of the draft Technical
Guidelines, a number of alternative
methods for establishing such
benchmarks were considered. In theory,
such benchmarks should approximate
the emissions being displaced by the
incremental generation of power from
low or no emitting sources. However,
there is no accepted methodology for
identifying such marginal emissions.
Various possible methods were
explored, but none yielded values that
were considered more reliable or useful
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than the U.S. average emissions
intensity value ultimately included in
the draft Technical Guidelines. DOE
specifically solicits comments on the
selection of this benchmark value and
the related benchmarks described in the
draft Technical Guidelines.
iv. Carbon storage. DOE received
comments proposing up-front
registration of forest carbon
sequestration. Forestry projects
generally have high up-front costs with
carbon sequestration benefits that
accumulate gradually over long time
frames. High initial costs coupled with
delayed benefits may discourage
forestry projects as well as other similar
long-term investments. Up-front
registration may over-or under-estimate
actual sequestration over the lifetime of
a project because it is based on
estimated actions and timelines. DOE
has decided not to adopt the proposed
up-front registration of forest
sequestration. DOE solicits additional
comments on including provisions that
would allow early recognition of long
term carbon sequestration benefits.
The draft Technical Guidelines
describe the procedures that should be
followed to calculate annual volumes of
reductions associated with increases in
carbon stocks.
(1) Reductions from increases in
terrestrial carbon stocks (forest,
agriculture, rangelands). The terrestrial
carbon pools described in the draft
Technical Guidelines include forest
trees, forest under-story, forest dead and
downed wood (on-site), forest floor,
forest soils, agricultural soils, range
soils, and grazing land soils. Absolute
increases in terrestrial carbon stocks can
contribute to an entity’s registered
reductions. In addition, the draft
Technical Guidelines specify how
reductions associated with these pools
should be treated when the reported
lands are sold, purchased, converted to
other uses, certified as sustainably
managed, considered incidental lands,
or affected by a natural disturbance.
Carbon losses associated with natural
disturbance are generally beyond the
control of landowners. In the interest of
not penalizing entities for such
uncontrollable losses, DOE has included
the following provision for accounting
for natural disturbance in emission
reductions calculations in the draft
Technical Guidelines:
Entities that experience natural
disturbance such as wildfire, pests, or
extreme weather, can choose to separately
account for the carbon stock losses associated
with these natural phenomena. In this case,
entities will report the disturbance-associated
carbon stock changes as a separate item in
their terrestrial carbon stock inventory;
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however, they will not include the carbon
stock changes in their calculation of
reductions. Entities will continue to track
carbon stocks on the identified land in their
inventory. Until the carbon stocks return to
pre-disturbance levels, carbon fluxes on
lands that have undergone disturbances
cannot be included in calculating reductions.
(2) Reductions from increases in
carbon stored in wood products.
Significant quantities of carbon
harvested from forest systems can be
stored for long periods in the form of
wood products or in materials deposited
in landfills. Entities reporting changes
in terrestrial carbon can include the
expected storage of carbon in the wood
products pool in their estimates of
annual carbon stock changes. The draft
Technical Guidelines describe two
approaches for estimating the amount of
carbon stored in the wood products
pool. Entities may estimate the decay of
materials stored in wood products over
time and account for the carbon stock
losses in the year in which they occur.
Alternatively, entities may calculate the
amount of carbon expected to remain in
products and landfills after a 100-year
period and include this amount in their
terrestrial carbon stock inventory. The
latter approach is intended to limit the
complexity associated with tracking
annual decay rates in the wood products
pool. Recognizing that the simpler
approach uses a 100-year time frame
and does not reflect actual annual
fluctuations in carbon storage, the
method is included with the
understanding that it cannot overestimate carbon stored in wood
products. Public comments on this
option are specifically solicited.
(3) Reductions from the preservation
of existing carbon stocks. Actions to
legally protect existing terrestrial carbon
stocks can result in emissions of
greenhouse gases being avoided. While
it is difficult to know with certainty if
or when carbon that is currently stored
in terrestrial systems will be released in
the future, it is probable that actions to
ensure the protection of existing stocks
will result in greenhouse gas benefits in
the future. As a consequence, the
1605(b) program would allow entities to
register reductions associated with
actions taken to protect existing
terrestrial carbon stocks, equivalent to
1/100th of the start year carbon stocks
in each reporting year. This provision
requires an entity to document the
action and follow the draft Technical
Guidelines for estimating and reporting
annual carbon stocks on legally
protected lands.
v. Action-specific. There are a number
of circumstances under which reporters
may undertake specific actions (often
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referred to as ‘‘projects’’) that yield
emission reductions that cannot be
quantified using any of the other
measurement or estimation methods
provided for in the guidelines. In such
cases, reporting entities would have to
follow the guidance provided in section
2.4.5 of the draft Technical Guidelines.
There are a number of action-specific
reductions that do not allow reporters to
develop an estimate of base-year
emissions based on an extant
technology or process and base-year
activity levels. DOE has provided
guidance in the draft Technical
Guidelines for a limited positive list of
such action-specific reductions (see
section 2.4.5.6). This positive list of
actions includes: coalmine
degasification; landfill methane
recovery; transmission and distribution
improvements; and geologic
sequestration.
DOE solicits recommendations on
other specific actions for which
guidance should be provided.
There are other actions that have been
reported to the current Voluntary
Reporting of Greenhouse Gas Program
that will not be eligible for registration
as action-specific reductions. In some
cases they might be reported as ‘‘offsets’’
under the revised guidelines, if the
reporting entity enters into an
agreement with the entity directly
responsible for the reductions. In
circumstances where no such agreement
is feasible, the reduction would not
qualify for registration. These actions
typically fall within one of three
categories:
—They result in avoided emissions from
activities other than energy supply
(increased use of less emissions
intensive materials in manufactured
products);
—They result in reduced emissions
from highly diffuse sources (public
education related to energy
conservation); or
—The location and ownership of
resulting reductions is impossible to
determine (retail sales of discounted
compact fluorescent bulbs).
Actions that often fall into these
categories include: Utility-sponsored
DSM programs; manufacturer
improvement in the energy efficiency of
products; employee commuting
reduction; coal ash reuse; halogenated
substance substitution; and materials
recycling/source reductions. DOE seeks
comment on the practicality of reporting
these actions directly or as offsets, and
suggestions on estimation methods that
would mitigate the constraints
identified above and allow reductions
from a broader range of such actions to
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be reported. In particular, DOE is open
to future consideration of practical
methods, consistent with the structure
and objectives of the revised guidelines,
to enable manufacturers of more energy
efficient products to register the
emission reductions resulting from the
use of these products. DOE recognizes
that product manufacturers often play
an important role in accelerating the
introduction of new, more energy
efficient technologies, and that the
revised guidelines might be designed to
enable such manufacturers to register
such emission reductions under certain
circumstances. In theory, such
reductions might be reported as offsets,
but this would require an agreement
between the manufacturer and the enduser, and the reporting requirements
contained in the revised guidelines
would likely discourage such
arrangements. Further, some of the
improvements in product efficiency are
mandated by Federal law.
vi. Estimating Reductions Associated
with Energy Exports. Entities that export
(sell) electricity, steam or hot/chilled
water and have emissions in their base
period must calculate emission
reductions using either changes in
absolute emission reductions or a
method that combines the consideration
of changes in emissions intensity and
avoided emissions. This combined
method, described below and in section
2.4.6 of the draft Technical Guidelines,
takes into account the effects of a wide
range of actions that generators can take
to reduce the emissions intensity of the
generating sector. These actions can be
categorized into two main types: (1)
Those that reduce the emissions
intensity of a generator’s own, existing
capacity, and (2) those that decrease
generation from other, high-emissions
intensity generators. DOE assessed the
following four options for estimating the
emission reductions in this sector in
order to compare their ability to
recognize reductions from both types of
actions, and their tendency to favor or
disadvantage generators according to
their historical emissions rate. The four
options were:
(1) Average Intensity: Reductions
would be calculated from the change in
entity-wide, average emissions intensity
from the base period to the reporting
year.
(2) Plant-by-Plant: Reductions would
be calculated separately for each plant,
either from changes in the emissions
intensity of existing plants from the base
period to the reporting year or from the
emissions intensity of new plants
compared to the emission intensity of a
‘‘benchmark’’ emissions intensity value.
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(3) Existing and New Plants:
Reductions would be calculated from
the change in the average emissions
intensity of existing plants from the base
period to the reporting year; new plants
would qualify for reductions if their
emissions intensity was below a
‘‘benchmark’’ value.
(4) Base and Incremental Generation:
Reductions would be calculated from
entity-wide, average emissions intensity
calculated in two parts. For quantities of
power that are equal to or less than the
quantity generated in the base period,
the emissions intensity value would be
entity’s average for its base period. For
quantities in excess of the base period
generated, the average emissions
intensity would be the ‘‘benchmark’’
value.
For all four methods, emissions
reductions are calculated by multiplying
the difference between the appropriate
base period and reporting year
generation intensity values (CO2/MWh)
by the reporting year generation (MWh).
Following analysis and review, DOE
concluded that Method 4 best serves the
purposes of the program. Method 1
allows high emitting entities to register
reductions for actions that do not reduce
the emissions intensity of the power
sector on the whole, while making it
very difficult for low emitting entities to
register reductions, even if they were
taking actions that did reduce the
emissions intensity of the power sector
as a whole. Method 2 would not capture
reductions for certain actions that do
lead to sector-wide reductions,
including shifting load to loweremitting generators. Method 4 is
preferable to Method 3 in that it is able
to recognize the benefits of a broader
range of load shifting actions and tends
to treat generators with substantially
different characteristics more
‘equitably’; increased generation output,
for instance, is compared to the
benchmark value regardless of whether
it is from new capacity or increased
output from existing generation. DOE
solicits public comment on its selection
of Method 4, Base and Incremental
Generation, as the preferred method.
Combined Heat and Power (CHP), and
Thermal Energy Generators. Some
energy generators distribute heating
and/or cooling to multiple end users,
either exclusively or in addition to
electric power.
Reductions from CHP or district
heating/cooling systems are to be
calculated using the same basic method
specified for electricity generators,
although reductions associated with
electricity generation and with thermal
generation must be calculated
separately. Appropriate thermal energy
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benchmarks are to be specified by EIA
or calculated by reporters according to
guidelines provided by DOE. This
approach would enable CHP and
thermal energy generators to obtain
recognition for reductions that result
from a broad range of different actions,
including increased generation (since
most CHP plants are more efficient than
conventional power and heat
generation), fuel substitution or
improved system performance.
III. Public Workshop
A public workshop will be held to
receive comment on all elements of the
draft Technical Guidelines, as well as
interim final General Guidelines that
DOE is publishing in the Rules and
Regulations section of today’s issue of
the Federal Register. DOE invites any
person who has an interest in the draft
Technical Guidelines and revised
General Guidelines to participate in this
workshop. Because space is limited,
persons wishing to participate in the
workshop should inform DOE by
identifying the person or persons likely
to attend, an e-mail or phone number for
follow-up contacts, and providing a
brief description of the specific issues of
particular interest. This information
may be provided electronically at the
following Web site: https://
www.pi.energy.gov/
enhancingGHGregistry/
draftTechnicalGuidelines.html or may
be provided in writing to the person
listed in the beginning of this notice.
DOE will designate a DOE official to
preside at the workshop, and may also
use a professional facilitator to facilitate
discussion. The workshop will not be
conducted under formal rules governing
judicial or evidentiary-type proceedings,
but DOE reserves the right to establish
procedures governing the conduct of the
workshop. The workshop will be
organized so as to encourage the open
discussion of specific issues by the
range of stakeholders and government
representatives present. Prior to the
workshop a draft agenda, identifying
specific issues for discussion, will be
made available at the following Web
site: https://www.pi.energy.gov/
enhancingGHGregistry/
draftTechnicalGuidelines.html. There
will also be opportunities during the
workshop for the identification and
discussion of issues not specifically
identified on the agenda. The presiding
official will announce any further
procedural rules, or modification of the
above procedures, needed for the proper
conduct of the workshop. Statements for
the record of the workshop will be
accepted at the workshop.
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Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations
Joint DOE/USDA Workshop
DOE and USDA invite persons
interested in the draft Technical
Guidelines for Agriculture and Forestry
and related revised General Guidelines
to participate in this workshop. The
workshop will provide an overview of
the draft technical guidelines for
agriculture and forestry sources and
sinks, opportunities to ask questions
about the proposed methods, and
opportunities to discuss specific issues.
Persons interested in registering for the
meetings or in obtaining more
information about USDA’s efforts to
develop accounting rules and guidelines
for forestry and agriculture should visit
the following Web site: https://
www.usda.gov/agency/oce/gcpo/
greenhousegasreporting.htm.
The Web site will also be used to
make available draft and final meeting
agendas, information on lodging, or
other information made available before
the meetings. Inquiries regarding the
logistics for this meeting may be emailed to
sharon_barcellos@grad.usda.gov.
IV. Forms
EIA, which is responsible for the
operation of the 1605(b) program, is
preparing a set of draft forms for
reporting under the revised guidelines.
Pursuant to the Paperwork Reduction
Act of 1995, EIA plans to issue a
Federal Register notice soliciting public
comment on these draft forms as soon
as practicable and to complete the
comment review, and revisions
resulting from that review, before the
effective date of the guidelines.
Issued in Washington, DC, on March 16,
2005.
Karen A. Harbert,
Assistant Secretary for Policy and
International Affairs.
[FR Doc. 05–5606 Filed 3–23–05; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 300
RIN 1901–AB11
Guidelines for Voluntary Greenhouse
Gas Reporting
Office of Policy and
International Affairs, U.S. Department of
Energy.
ACTION: Interim final rule and
opportunity for public comment;
revised general guidelines.
AGENCY:
SUMMARY: Section 1605(b) of the Energy
Policy Act of 1992 directed the
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Department of Energy (Department or
DOE) to issue guidelines establishing a
voluntary greenhouse gas reporting
program. On February 14, 2002, the
President directed DOE, together with
other involved Federal agencies, to
recommend reforms to enhance the
Voluntary Reporting of Greenhouse
Gases Program established by DOE in
1994. DOE is today issuing interim final
General Guidelines that incorporate the
key elements of revised General
Guidelines proposed by DOE on
December 5, 2003. DOE also is
publishing in the ‘‘Rules and
Regulations’’ section of today’s issue of
the Federal Register a notice of
availability inviting public comment on
draft Technical Guidelines that will,
combined with these General
Guidelines, fully implement the revised
Voluntary Reporting of Greenhouse
Gases Program.
DATES: The interim final rule will be
effective September 20, 2005. The
incorporation by reference of the Draft
Technical Guidelines is approved by the
Director of the Federal Register as of
September 20, 2005. Written comments
should be submitted on or before May
23, 2005.
ADDRESSES: You may submit comment,
identified by RIN Number 1901–AB11,
by any of the following methods:
• E-mail:
1605bguidelines.comments@hq.doe.gov.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow
instructions for submitting comments.
• Mail: Mark Friedrichs, PI–40; Office
of Policy and International Affairs; U.S.
Department of Energy; 1000
Independence Ave., SW., Washington,
DC 20585.
Interested persons also may present
oral views and data at public workshops
DOE will hold for discussing both these
interim final General Guidelines and the
draft Technical Guidelines that DOE is
making available today. The locations,
times, and other details of the public
workshops are set forth in the Notice of
Availability for the draft Technical
Guidelines published in the ‘‘Rules and
Regulations’’ section of today’s issue of
the Federal Register.
You may obtain electronic copies of
this notice, the draft Technical
Guidelines and other related
documents, find additional information
about the planned workshops, and
review comments received by DOE and
the workshop transcripts at the
following Web site: https://
www.pi.energy.gov/
enhancingGHGregistry/. Those without
internet access may access this
information by visiting the DOE
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15169
Freedom of Information Reading Room,
Rm. 1E–190, 1000 Independence
Avenue, SW., Washington, DC, 202–
586–3142, between the hours of 9 a.m.
and 4 p.m., Monday to Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mark Friedrichs, PI–40, Office of Policy
and International Affairs, U.S.
Department of Energy, 1000
Independence Ave., SW., Washington,
DC 20585, or e-mail:
1605bguidelines.comments@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Background
B. Process for Finalizing and Implementing
Guidelines
II. Discussion of Revised General Guidelines
A. Overview and Purpose
B. Crosscutting Issues and Revisions
1. Whether to provide for reporting on
international emissions and reductions
2. Whether to provide for registered
emissions reductions
3. Whether to modify the proposed basic
requirements for registration
a. Requiring large emitters to report entitywide emissions and reductions
b. Limiting registration to post-2002
reductions
4. How to assign responsibility for
reporting emissions and emissions
reductions
5. ‘‘Transferable credits’’
6. Whether to include the General
Guidelines in the Code of Federal
Regulations
C. Section-by-Section Discussion of the
General Guidelines
1. General (§ 300.1)
2. Definitions (§ 300.2)
3. Guidance for defining and naming the
reporting entity (§ 300.3)
4. Selecting organizational boundaries
(§ 300.4)
5. Submission of an entity statement
(§ 300.5)
6. Emissions inventories (§ 300.6)
7. Net entity-wide emission reductions
(§ 300.7)
8. Calculating emission reductions
(§ 300.8)
9. Reporting and recordkeeping
requirements (§ 300.9)
10. Certification of reports (§ 300.10)
11. Independent verification (§ 300.11)
12. Acceptance of reports and registration
of entity emission reductions (§ 300.12)
13. Incorporation by reference (§ 300.13)
III. Regulatory Review and Procedural
Requirements
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act
D. Review Under the National
Environmental Policy Act
E. Review Under Executive Order 13132
F. Review Under the Treasury and General
Government Appropriations Act, 2001
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Agencies
[Federal Register Volume 70, Number 56 (Thursday, March 24, 2005)]
[Rules and Regulations]
[Pages 15164-15169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5606]
[[Page 15163]]
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Part II
Department of Energy
-----------------------------------------------------------------------
10 CFR Part 300
Voluntary Greenhouse Gas Reporting; Interim Final Rules
Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules
and Regulations
[[Page 15164]]
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DEPARTMENT OF ENERGY
10 CFR Part 300
Voluntary Greenhouse Gas Reporting
AGENCY: Office of Policy and International Affairs, Department of
Energy.
ACTION: Notice of availability and opportunity to comment.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) today gives notice that draft
Technical Guidelines for the revised Voluntary Reporting of Greenhouse
Gases Program are available for review and comment. DOE will hold a
public workshop to receive stakeholder views on the draft Technical
Guidelines, as well as the interim final General Guidelines that DOE is
publishing in the Rules and Regulations section of today's issue of the
Federal Register. In addition, DOE and the United States Department of
Agriculture will jointly hold a public workshop to receive stakeholder
views on the draft Technical Guidelines for Agriculture and Forestry
and related interim final General Guidelines.
DATES: Written comments must be received by May 23, 2005. The DOE
public workshop will be held on April 26 from 8 a.m. to 5 p.m. and on
April 27, from 8 a.m. to 12 noon. The public workshop on agricultural
and forestry issues, jointly sponsored by DOE and the U.S. Department
of Agriculture, will be held on May 5, 8 a.m. to 5 p.m.
ADDRESSES: Send e-mail comments to:
1605bguidelines.comments@hq.doe.gov. Alternatively, written comments
may be sent to: Mark Friedrichs, PI-40; Office of Policy and
International Affairs; U.S. Department of Energy; 1000 Independence
Ave., SW., Washington, DC 20585. The DOE public workshop will be held
at the following location: Crystal City Marriott Hotel at Reagan
National Airport, 1999 Jefferson Davis Highway, Arlington, Virginia
22202.
Persons interested in registering for, or in obtaining more
information about, this workshop should visit the following Web site:
https://www.pi.energy.gov/enhancingGHGregistry/workshops.
The joint DOE/USDA workshop for Agriculture and Forestry will be
held on May 5 at the following location: USDA-APHIS Conference Center,
4700 River Road, Riverdale, MD.
Persons interested in registering for this workshop or in obtaining
more information about USDA's efforts to develop accounting rules and
guidelines for forestry and agriculture should visit the following Web
site: https://www.usda.gov/agency/oce/gcpo/greenhousegasreporting.htm.
You may obtain electronic copies of this notice, the draft
Technical Guidelines and other related documents, find additional
information about the planned workshops, and review comments received
by DOE and the workshop transcripts at the following Web site: https://
www.pi.energy.gov/enhancingGHGregistry/. Those without internet access
may access this information by visiting the DOE Freedom of Information
Reading Room, Rm. 1E-190, 1000 Independence Avenue, SW., Washington,
DC, 202-586-3142, between the hours of 9 a.m. and 4 p.m., Monday to
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mark Friedrichs, PI-40, Office of
Policy and International Affairs, U.S. Department of Energy; 1000
Independence Ave., SW., Washington, DC 20585, or e-mail:
1605bguidelines.comments@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Section 1605(b) of the Energy Policy Act of 1992 directed DOE, with
the Energy Information Administration (EIA), to establish a voluntary
reporting program and database on emissions of greenhouse gases,
reductions of these gases, and carbon sequestration activities (42
U.S.C. 13385(b)). A specific purpose of the program is to enable the
entities to report reductions of greenhouse gases. Section 1605(b)
directs DOE to issue guidelines, after opportunity for public comment,
that establish procedures for the voluntary reporting of specific
greenhouse gas emissions information. In 1994, DOE issued General
Guidelines and sector-specific guidelines, and EIA issued reporting
forms, for the Voluntary Reporting of Greenhouse Gases Program.
On February 14, 2002, the President, as part of a larger initiative
to address the issue of global climate change, directed the Secretary
of Energy, in consultation with the Secretary of Commerce, the
Secretary of Agriculture, and the Administrator of the Environmental
Protection Agency, to propose improvements to the Voluntary Reporting
of Greenhouse Gases Program. These improvements are to enhance
measurement accuracy, reliability, and verifiability, working with and
taking into account emerging domestic and international approaches.
On December 5, 2003, DOE proposed revised General Guidelines for
the Voluntary Reporting of Greenhouse Gases Program and,
simultaneously, announced that it intended to develop for public
comment Technical Guidelines that would specify the methods and factors
to be used in measuring and estimating greenhouse gas emissions,
emission reductions, and carbon sequestration (68 FR 68204-05).
DOE is today making draft Technical Guidelines available for review
and public comment. The draft Technical Guidelines complement and are
inter-related with the interim final revised General Guidelines that
DOE is publishing in the Rules and Regulations section of today's issue
of the Federal Register. When issued as final, the revised General
Guidelines and the Technical Guidelines, together with new reporting
forms being developed by EIA, will fully implement the revised
Voluntary Reporting of Greenhouse Gases Program.
The draft Technical Guidelines have three parts:
Emissions Inventory Guidelines (Chapter 1), which includes
detailed guidance on how to measure or estimate greenhouse gas
emissions;
Emission Reductions Guidelines (Chapter 2), which includes
guidance on the selection and application of emission reduction
calculation methods, including the establishment and modifications of
base periods and base values; and
Glossary, which defines terms used only in the Technical
Guidelines and references the definitions in section 300.2 of the
General Guidelines.
Components of the guidelines relevant for agriculture and forestry
reporting have been shared with a selected set of evaluators with
experience in greenhouse gas mitigation technologies in agriculture and
forestry. The evaluators' views on the technical components and
operability of the draft Technical Guidelines as they relate to the
agriculture and forestry sectors will be made available during the
public review process.
II. Summary of Draft Technical Guidelines and Issues for Comment
The following discussion summarizes the content of the draft
Technical Guidelines and identifies key issues upon which DOE would
like to focus public review and comment.
1. Emission Inventory Guidelines (Chapter 1)
The Inventory Chapter identifies and rates methods for estimating
emissions and sequestration from a wide range of sources. These
guidelines build on (and reference) several publicly available
documents related to the development
[[Page 15165]]
of emissions inventories. The Inventory Chapter consists of nine
sections covering the major sources of greenhouse gas emissions:
Overview; Collecting Information; Stationary Combustion;
Transportation; Industrial Processes; Indirect Emissions; Engineered
Sequestration; Agricultural Emissions and Sequestration; Forestry
Emissions and Sequestration. The Agriculture and Forestry sections
include technical appendices that can be found at the following Web
site: https://www.usda.gov/oce/gcpo/greenhousegasreporting.
a. Emissions Rating System. As described in the preamble to the
interim final General Guidelines (see section II. C. vi.), the
emissions rating system ordinally rates estimation methods and is based
on four criteria: Accuracy, reliability, verifiability and practical
application. The best available method is rated ``A,'' and given a
value of four points. The next best method is rated ``B'' and given a
value of three points; the next best is rated ``C'' and given a value
of two points; and the least accurate method is rated ``D'' and given a
value of 1 point. If a reporter is seeking to register reductions, the
weighted average rating for emissions for the years used to calculate
such reductions must be 3.0 or greater. Comments are invited regarding
the ordinal rating system in general (including comparisons with other
systems, such as a cardinal rating system); the appropriateness of the
estimation methods specifically identified and their assigned ratings;
and other methods not covered in the draft Technical Guidelines.
b. Alternative Inventory Methods. The revised General Guidelines
require reporters to use methods described in the Draft Technical
Guidelines, unless an alternative method has been specifically approved
by the Department (see Sec. 300.6(c) of the revised General
Guidelines). If a reporter wishes to propose the use of a method that
is not described in the Draft Technical Guidelines, the reporter must
submit to DOE a description of the method, an explanation of how the
method is implemented (including information requirements), and
empirical evidence of the method's validity and accuracy.
c. Inventories of Indirect Energy. DOE believes that the indirect
emissions reflected in entity inventories should reflect, where
practicable, the average emissions rate of the power being purchased.
Since the average emissions rates of electricity generation vary widely
by region, Chapter 1 of the draft Technical Guidelines specifies that
entities reporting inventories of indirect emissions associated with
the purchase of electricity within the U.S. must use regional values
specified by EIA that correspond to the average emission rates of power
generated within each of the twelve North American Electricity Reliable
Council regions. Comparable methods for determining the emission rates
of non-U.S. power generation must be used to estimate the indirect
emissions from non-U.S. operations. If the entity's purchase contract
specifies that the electricity supplied is from particular power
generation sources, then it may use an emission coefficient that
corresponds to these specific sources. However, entities should note
that the emission reduction guidelines contained in Chapter 2 specify
the use of a single emission coefficient for purchased electricity,
based on the national average emissions rate for the electric sector as
a whole. DOE believes that the national average emissions rate is a
better indicator of the emission reductions resulting from reduced
demand for electricity than are the regional values used in the
development of emission inventories. This means that the indirect
emissions associated with purchased electricity will differ depending
on whether they are part of the entity's emissions inventory or
emission reduction assessment. DOE specifically solicits comments on
the effects of specifying the use of different emission coefficients
for emission inventories and emission reductions.
One form of electricity demand, the losses associated with
electricity transmission and distribution, is not explicitly addressed
in the draft Technical Guidelines for emission inventories, although
the emission reduction guidelines identify an action-specific method
for calculating the emission reductions that result from reducing such
losses. DOE solicits recommendations on appropriate methods for
measuring or estimating such losses that would permit the associated
emissions to be included in entity inventories.
2. Emission Reduction Guidelines (Chapter 2)
This chapter of the draft Technical Guidelines provides detailed
guidance on the calculation of emission reductions as described in
section 300.8 of the revised General Guidelines.
a. Choosing calculation methods and identifying subentities. The
first step in the process of calculating emission reductions is the
selection of the appropriate calculation method and the identification
of the subentities, if necessary, depending on the number of
calculation methods needed to capture the entity's total reductions. As
entities change, it may be necessary to add or modify subentities. This
part of the process is described in detail in section 2.2.3 of the
Emission Reductions Guidelines.
The guidance on the selection of appropriate emission reduction
calculation methods makes clear that the five methods identified in the
revised General Guidelines usually have specific applications and are
not generally interchangeable. Any entity that is using more than one
method of calculating emission reductions must identify a distinct
subentity for each method used. As entities change, it may be necessary
to add or modify subentities, so this section also provides guidance on
this process.
b. Base periods. The determination of emission reductions requires
that current levels of emissions or some other measure be compared with
a comparable measure for some previous year or time period of up to
four years, referred to as the base period. Chapter 2 of the draft
Technical Guidelines describes how to establish base periods and the
circumstances under which they can be changed.
DOE permits this flexibility in defining the base period so that
reporters can select the time period that is most representative of the
actual past operations of the entity or subentity for which reductions
are being estimated. However, DOE does limit this flexibility by
requiring the last year of the base period to be the year immediately
preceding the first year of reported reductions. Once established, the
base period should remain fixed unless changes in the entity or its
output require a change to the base period. For entities that intend to
register reductions, all initial base periods must end in the start
year. This requirement will limit the ability of reporters to select a
base period for which a particular subentity had the highest emissions
or emissions intensity in order to maximize the amount of emission
reductions.
Reporters are permitted to change the base period used to calculate
reductions for an entity or subentity in a subsequent reporting year
only under limited circumstances where there has been a fundamental
change in the activity or structure of the entity or subentity.
Public comment is specifically solicited on the flexibility to set
and modify base periods, as well as on limits to this flexibility,
which are designed to reduce the likelihood that reporters will
manipulate base periods in order to maximize emission reductions.
[[Page 15166]]
c. Base Values. A base value is the emissions level, emissions
intensity or other value to which a comparable reporting year value is
compared in order to calculate an emission reduction. A base value can
be a historic emissions level, historic emissions intensity, carbon
stock, benchmark emissions intensity or other quantity. The Emission
Reduction Guidelines describe how to establish base values and the
circumstances under which they can be changed.
DOE believes that base values should be derived from or be directly
correlated to historic data to ensure that registered reductions
represent real reductions relative to past emissions or emissions
intensity levels. In some cases, the draft Technical Guidelines specify
the use of a benchmark provided by DOE or calculated by the reporting
entity according the DOE's guidelines. DOE solicits comment on whether
or not reporters should be given the flexibility to establish base
values that are more stringent than (usually lower than) the base
values derived from actual performance during the base period. While a
more stringent base value would reduce the quantity of registered
reductions for which an entity qualified, such flexibility would enable
entities to use as the basis for calculating emission reductions an
emissions intensity or technology threshold that might be more
meaningful or relevant to their industry.
If the base value is based on historic conditions, it represents
the emissions or emissions intensity in the base period of the entity
or subentity as it is configured in the reporting year. The base value
must be adjusted to reflect the acquisition and divestiture of business
units and the insourcing and outsourcing of emissions-producing
activities that has occurred since the base period. Such adjustments to
the base value are necessary to ensure that the comparison between base
period and reporting year emissions or emissions intensity is valid and
the difference in emission or emissions intensity are not due to
changes in the boundary of the entity or subentity. Without such
adjustments, a reporter would be able to achieve a nominal reduction in
emissions intensity by outsourcing an activity and related emissions
sources contributing to the output of the entity or subentity.
Likewise, a reporter could be penalized for insourcing emissions-
producing activities that it previously purchased from outside sources.
Public comment is solicited on the flexibility to set and modify
base values, as well as on limits to this flexibility, which are
designed to reduce the likelihood that reporters will manipulate base
periods in order to maximize emission reductions.
d. Method-specific guidance. The Emission Reduction Guidelines
provide detailed guidance for each of the five calculation methods
identified in section 300.8 of the revised General Guidelines.
i. Emissions intensity. This section of the draft Technical
Guidelines provides detailed guidance on the use of emission intensity
methods to calculate emission reductions.
Greenhouse gas intensity metrics, which measure improvements in
emission intensity independent of economic growth or growth in
production, use either a physical or an economic value for the
denominator. The draft Technical Guidelines provide a list of criteria
to assist reporters in selecting output metrics.
A number of trade associations and manufacturers were interviewed
to test their comfort with physical metrics, and any desire to use
composites or indices. Based on their responses, and comments from
stakeholders at workshops and in writing, DOE has decided to urge the
use of physical metrics; however, in some cases the use of physical
metrics becomes increasingly difficult and the use of economic metrics
may be an appropriate alternative * * * Section 2.4.1.1 of the draft
Technical Guidelines lists acceptable measures of physical output to
assist potential reporters. Public comment is specifically solicited on
this list and the need for additional efforts to standardize the
definition and application of output metrics.
ii. Absolute emissions. The change in absolute emissions method for
calculating reductions compares an entity's current (reduction year)
emissions with its emissions in the base period. However, when using
this method, entities must demonstrate that any emission reductions
have not been caused by reductions in the entity's output. This section
of the draft Technical Guidelines provides further guidance on how to
calculate emission reductions using this method.
To demonstrate that its output has not declined, a reporting entity
must identify a physical or economic measure of the entity's activity
that can serve as a sufficiently credible proxy for output. The
relationship between this activity measure and entity output needs to
be sufficiently close to indicate the direction of the change in
activity. The draft guidelines describe some of the acceptable activity
measures that might be used for this purpose.
Base period emissions used to calculate changes in absolute
emissions must be adjusted to reflect boundary changes, including
acquisition and divestiture of emission sources and outsourcing or
insourcing of emissions-producing activities that existed during the
base period. Base period emissions may include emissions from sources
that are no longer emitting in the reduction year. However, no
adjustment may be made to base period emissions resulting from the
addition of new emissions sources unless the reporter can demonstrate
that the addition of this source represents the insourcing or
acquisition of an activity previously conducted by another entity,
rather than the expansion of the existing activity of the entity (also
referred to as organic growth).
This approach to calculating emission reductions from changes in
absolute emissions is similar to the approach specified in the
Greenhouse Gas Protocol developed by WRI/WBCSD, with the proviso that
this method cannot be used if the entity's output has declined during
the reporting period.
iii. Avoided emissions. Only entities or subentities that do not
have emissions in their chosen base period may rely exclusively on the
method specified in the Draft Technical Guidelines for calculating
avoided emissions. Most entities that generate and export (sell)
electricity, heat or hot/chilled water must use either changes in
absolute emissions or a method that combines the consideration of
changes in emissions intensity and changes in avoided emissions, which
is described below and in section 2.4.6 of the draft Technical
Guidelines.
Avoided Emission Benchmarks and Indirect Emission Coefficients. The
draft Technical Guidelines specify various benchmarks that must be used
in the calculation of reductions associated with avoided emissions. For
electricity, the draft Technical Guidelines explain that an avoided
emissions benchmark will be specified by EIA based on the average
emissions intensity of the U.S. electric sector. Comparable benchmarks
must be used by entities when reporting emissions reductions generated
outside the United States. During the development of the draft
Technical Guidelines, a number of alternative methods for establishing
such benchmarks were considered. In theory, such benchmarks should
approximate the emissions being displaced by the incremental generation
of power from low or no emitting sources. However, there is no accepted
methodology for identifying such marginal emissions. Various possible
methods were explored, but none yielded values that were considered
more reliable or useful
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than the U.S. average emissions intensity value ultimately included in
the draft Technical Guidelines. DOE specifically solicits comments on
the selection of this benchmark value and the related benchmarks
described in the draft Technical Guidelines.
iv. Carbon storage. DOE received comments proposing up-front
registration of forest carbon sequestration. Forestry projects
generally have high up-front costs with carbon sequestration benefits
that accumulate gradually over long time frames. High initial costs
coupled with delayed benefits may discourage forestry projects as well
as other similar long-term investments. Up-front registration may over-
or under-estimate actual sequestration over the lifetime of a project
because it is based on estimated actions and timelines. DOE has decided
not to adopt the proposed up-front registration of forest
sequestration. DOE solicits additional comments on including provisions
that would allow early recognition of long term carbon sequestration
benefits.
The draft Technical Guidelines describe the procedures that should
be followed to calculate annual volumes of reductions associated with
increases in carbon stocks.
(1) Reductions from increases in terrestrial carbon stocks (forest,
agriculture, rangelands). The terrestrial carbon pools described in the
draft Technical Guidelines include forest trees, forest under-story,
forest dead and downed wood (on-site), forest floor, forest soils,
agricultural soils, range soils, and grazing land soils. Absolute
increases in terrestrial carbon stocks can contribute to an entity's
registered reductions. In addition, the draft Technical Guidelines
specify how reductions associated with these pools should be treated
when the reported lands are sold, purchased, converted to other uses,
certified as sustainably managed, considered incidental lands, or
affected by a natural disturbance.
Carbon losses associated with natural disturbance are generally
beyond the control of landowners. In the interest of not penalizing
entities for such uncontrollable losses, DOE has included the following
provision for accounting for natural disturbance in emission reductions
calculations in the draft Technical Guidelines:
Entities that experience natural disturbance such as wildfire,
pests, or extreme weather, can choose to separately account for the
carbon stock losses associated with these natural phenomena. In this
case, entities will report the disturbance-associated carbon stock
changes as a separate item in their terrestrial carbon stock
inventory; however, they will not include the carbon stock changes
in their calculation of reductions. Entities will continue to track
carbon stocks on the identified land in their inventory. Until the
carbon stocks return to pre-disturbance levels, carbon fluxes on
lands that have undergone disturbances cannot be included in
calculating reductions.
(2) Reductions from increases in carbon stored in wood products.
Significant quantities of carbon harvested from forest systems can be
stored for long periods in the form of wood products or in materials
deposited in landfills. Entities reporting changes in terrestrial
carbon can include the expected storage of carbon in the wood products
pool in their estimates of annual carbon stock changes. The draft
Technical Guidelines describe two approaches for estimating the amount
of carbon stored in the wood products pool. Entities may estimate the
decay of materials stored in wood products over time and account for
the carbon stock losses in the year in which they occur. Alternatively,
entities may calculate the amount of carbon expected to remain in
products and landfills after a 100-year period and include this amount
in their terrestrial carbon stock inventory. The latter approach is
intended to limit the complexity associated with tracking annual decay
rates in the wood products pool. Recognizing that the simpler approach
uses a 100-year time frame and does not reflect actual annual
fluctuations in carbon storage, the method is included with the
understanding that it cannot over-estimate carbon stored in wood
products. Public comments on this option are specifically solicited.
(3) Reductions from the preservation of existing carbon stocks.
Actions to legally protect existing terrestrial carbon stocks can
result in emissions of greenhouse gases being avoided. While it is
difficult to know with certainty if or when carbon that is currently
stored in terrestrial systems will be released in the future, it is
probable that actions to ensure the protection of existing stocks will
result in greenhouse gas benefits in the future. As a consequence, the
1605(b) program would allow entities to register reductions associated
with actions taken to protect existing terrestrial carbon stocks,
equivalent to 1/100th of the start year carbon stocks in each reporting
year. This provision requires an entity to document the action and
follow the draft Technical Guidelines for estimating and reporting
annual carbon stocks on legally protected lands.
v. Action-specific. There are a number of circumstances under which
reporters may undertake specific actions (often referred to as
``projects'') that yield emission reductions that cannot be quantified
using any of the other measurement or estimation methods provided for
in the guidelines. In such cases, reporting entities would have to
follow the guidance provided in section 2.4.5 of the draft Technical
Guidelines.
There are a number of action-specific reductions that do not allow
reporters to develop an estimate of base-year emissions based on an
extant technology or process and base-year activity levels. DOE has
provided guidance in the draft Technical Guidelines for a limited
positive list of such action-specific reductions (see section 2.4.5.6).
This positive list of actions includes: coalmine degasification;
landfill methane recovery; transmission and distribution improvements;
and geologic sequestration.
DOE solicits recommendations on other specific actions for which
guidance should be provided.
There are other actions that have been reported to the current
Voluntary Reporting of Greenhouse Gas Program that will not be eligible
for registration as action-specific reductions. In some cases they
might be reported as ``offsets'' under the revised guidelines, if the
reporting entity enters into an agreement with the entity directly
responsible for the reductions. In circumstances where no such
agreement is feasible, the reduction would not qualify for
registration. These actions typically fall within one of three
categories:
--They result in avoided emissions from activities other than energy
supply (increased use of less emissions intensive materials in
manufactured products);
--They result in reduced emissions from highly diffuse sources (public
education related to energy conservation); or
--The location and ownership of resulting reductions is impossible to
determine (retail sales of discounted compact fluorescent bulbs).
Actions that often fall into these categories include: Utility-
sponsored DSM programs; manufacturer improvement in the energy
efficiency of products; employee commuting reduction; coal ash reuse;
halogenated substance substitution; and materials recycling/source
reductions. DOE seeks comment on the practicality of reporting these
actions directly or as offsets, and suggestions on estimation methods
that would mitigate the constraints identified above and allow
reductions from a broader range of such actions to
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be reported. In particular, DOE is open to future consideration of
practical methods, consistent with the structure and objectives of the
revised guidelines, to enable manufacturers of more energy efficient
products to register the emission reductions resulting from the use of
these products. DOE recognizes that product manufacturers often play an
important role in accelerating the introduction of new, more energy
efficient technologies, and that the revised guidelines might be
designed to enable such manufacturers to register such emission
reductions under certain circumstances. In theory, such reductions
might be reported as offsets, but this would require an agreement
between the manufacturer and the end-user, and the reporting
requirements contained in the revised guidelines would likely
discourage such arrangements. Further, some of the improvements in
product efficiency are mandated by Federal law.
vi. Estimating Reductions Associated with Energy Exports. Entities
that export (sell) electricity, steam or hot/chilled water and have
emissions in their base period must calculate emission reductions using
either changes in absolute emission reductions or a method that
combines the consideration of changes in emissions intensity and
avoided emissions. This combined method, described below and in section
2.4.6 of the draft Technical Guidelines, takes into account the effects
of a wide range of actions that generators can take to reduce the
emissions intensity of the generating sector. These actions can be
categorized into two main types: (1) Those that reduce the emissions
intensity of a generator's own, existing capacity, and (2) those that
decrease generation from other, high-emissions intensity generators.
DOE assessed the following four options for estimating the emission
reductions in this sector in order to compare their ability to
recognize reductions from both types of actions, and their tendency to
favor or disadvantage generators according to their historical
emissions rate. The four options were:
(1) Average Intensity: Reductions would be calculated from the
change in entity-wide, average emissions intensity from the base period
to the reporting year.
(2) Plant-by-Plant: Reductions would be calculated separately for
each plant, either from changes in the emissions intensity of existing
plants from the base period to the reporting year or from the emissions
intensity of new plants compared to the emission intensity of a
``benchmark'' emissions intensity value.
(3) Existing and New Plants: Reductions would be calculated from
the change in the average emissions intensity of existing plants from
the base period to the reporting year; new plants would qualify for
reductions if their emissions intensity was below a ``benchmark''
value.
(4) Base and Incremental Generation: Reductions would be calculated
from entity-wide, average emissions intensity calculated in two parts.
For quantities of power that are equal to or less than the quantity
generated in the base period, the emissions intensity value would be
entity's average for its base period. For quantities in excess of the
base period generated, the average emissions intensity would be the
``benchmark'' value.
For all four methods, emissions reductions are calculated by
multiplying the difference between the appropriate base period and
reporting year generation intensity values (CO2/MWh) by the
reporting year generation (MWh).
Following analysis and review, DOE concluded that Method 4 best
serves the purposes of the program. Method 1 allows high emitting
entities to register reductions for actions that do not reduce the
emissions intensity of the power sector on the whole, while making it
very difficult for low emitting entities to register reductions, even
if they were taking actions that did reduce the emissions intensity of
the power sector as a whole. Method 2 would not capture reductions for
certain actions that do lead to sector-wide reductions, including
shifting load to lower-emitting generators. Method 4 is preferable to
Method 3 in that it is able to recognize the benefits of a broader
range of load shifting actions and tends to treat generators with
substantially different characteristics more `equitably'; increased
generation output, for instance, is compared to the benchmark value
regardless of whether it is from new capacity or increased output from
existing generation. DOE solicits public comment on its selection of
Method 4, Base and Incremental Generation, as the preferred method.
Combined Heat and Power (CHP), and Thermal Energy Generators. Some
energy generators distribute heating and/or cooling to multiple end
users, either exclusively or in addition to electric power.
Reductions from CHP or district heating/cooling systems are to be
calculated using the same basic method specified for electricity
generators, although reductions associated with electricity generation
and with thermal generation must be calculated separately. Appropriate
thermal energy benchmarks are to be specified by EIA or calculated by
reporters according to guidelines provided by DOE. This approach would
enable CHP and thermal energy generators to obtain recognition for
reductions that result from a broad range of different actions,
including increased generation (since most CHP plants are more
efficient than conventional power and heat generation), fuel
substitution or improved system performance.
III. Public Workshop
A public workshop will be held to receive comment on all elements
of the draft Technical Guidelines, as well as interim final General
Guidelines that DOE is publishing in the Rules and Regulations section
of today's issue of the Federal Register. DOE invites any person who
has an interest in the draft Technical Guidelines and revised General
Guidelines to participate in this workshop. Because space is limited,
persons wishing to participate in the workshop should inform DOE by
identifying the person or persons likely to attend, an e-mail or phone
number for follow-up contacts, and providing a brief description of the
specific issues of particular interest. This information may be
provided electronically at the following Web site: https://
www.pi.energy.gov/enhancingGHGregistry/draftTechnicalGuidelines.html or
may be provided in writing to the person listed in the beginning of
this notice.
DOE will designate a DOE official to preside at the workshop, and
may also use a professional facilitator to facilitate discussion. The
workshop will not be conducted under formal rules governing judicial or
evidentiary-type proceedings, but DOE reserves the right to establish
procedures governing the conduct of the workshop. The workshop will be
organized so as to encourage the open discussion of specific issues by
the range of stakeholders and government representatives present. Prior
to the workshop a draft agenda, identifying specific issues for
discussion, will be made available at the following Web site: https://
www.pi.energy.gov/enhancingGHGregistry/draftTechnicalGuidelines.html.
There will also be opportunities during the workshop for the
identification and discussion of issues not specifically identified on
the agenda. The presiding official will announce any further procedural
rules, or modification of the above procedures, needed for the proper
conduct of the workshop. Statements for the record of the workshop will
be accepted at the workshop.
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Joint DOE/USDA Workshop
DOE and USDA invite persons interested in the draft Technical
Guidelines for Agriculture and Forestry and related revised General
Guidelines to participate in this workshop. The workshop will provide
an overview of the draft technical guidelines for agriculture and
forestry sources and sinks, opportunities to ask questions about the
proposed methods, and opportunities to discuss specific issues. Persons
interested in registering for the meetings or in obtaining more
information about USDA's efforts to develop accounting rules and
guidelines for forestry and agriculture should visit the following Web
site: https://www.usda.gov/agency/oce/gcpo/greenhousegasreporting.htm.
The Web site will also be used to make available draft and final
meeting agendas, information on lodging, or other information made
available before the meetings. Inquiries regarding the logistics for
this meeting may be e-mailed to sharon_barcellos@grad.usda.gov.
IV. Forms
EIA, which is responsible for the operation of the 1605(b) program,
is preparing a set of draft forms for reporting under the revised
guidelines. Pursuant to the Paperwork Reduction Act of 1995, EIA plans
to issue a Federal Register notice soliciting public comment on these
draft forms as soon as practicable and to complete the comment review,
and revisions resulting from that review, before the effective date of
the guidelines.
Issued in Washington, DC, on March 16, 2005.
Karen A. Harbert,
Assistant Secretary for Policy and International Affairs.
[FR Doc. 05-5606 Filed 3-23-05; 8:45 am]
BILLING CODE 6450-01-P