NAFO Defends EPA Deferral of Biomass Carbon Regulations

WASHINGTON, DC, June 22, 2012 –The National Alliance of Forest Owners (NAFO), along with allied organizations, filed a brief yesterday in the U.S. Court of Appeals for the District of Columbia Circuit in support of the U.S. Environmental Protection Agency’s (EPA’s) interim rule deferring for three years regulation of biomass carbon emission under the Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas Tailoring Rule (Tailoring Rule).  EPA’s deferral will enable the Agency to complete a science review and subsequent rulemaking on the appropriate treatment of biomass carbon emissions under the Tailoring Rule.

“EPA’s deferral is an appropriate response to the Agency’s initial rulemaking, which unexpectedly treated biomass carbon emissions the same as fossil fuel emissions without notice or sufficient public participation,” said Dave Tenny, NAFO President and CEO. “The petitioners’ challenge seeks to require EPA to regulate biomass carbon emissions under the PSD and Title V permitting programs before undertaking a scientific study and before adopting a final policy on biomass carbon emissions through notice and comment rulemaking.  We support the mainstream approach of using science and public involvement to help craft well-informed policy.  That is why we are intervening in defense of EPA.”

In July 2011, EPA published the Deferral Rule in response to NAFO’s petition to reconsider the treatment of biomass carbon emissions under the Tailoring Rule.  Biomass differs from fossil fuels as an energy source because it recycles atmospheric carbon through tree and plant growth while fossil fuel carbon emissions accumulate in the atmosphere over time.  In a reversal of EPA’s longstanding policy of excluding biomass carbon emissions from GHG accounting in the energy sector, the Tailoring Rule unexpectedly, and without notice, regulated carbon emissions from biomass energy production in the same manner as fossil fuel emissions.  The Deferral Rule will allow EPA to reconsider this unsupported policy change without subjecting biomass energy facilities to unnecessary permitting requirements.

“We appreciate EPA’s acknowledgement that biomass carbon emissions are fundamentally different from fossil fuel emissions. The Deferral Rule was an important first step in correcting EPA’s treatment of biomass carbon emissions in the Tailoring Rule.  We look forward to working with EPA in the months ahead on a policy that fully captures the contributions of biomass energy as a renewable, sustainable and low-carbon alternative to fossil fuels that will help meet our nation’s energy needs far into the future,” Tenny concluded.

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NAFO is an organization of private forest owners committed to advancing federal policies that promote the economic and environmental benefits of privately-owned forests at the national level. NAFO membership encompasses more than 79 million acres of private forestland in 47 states. Working forests in the U.S. support 2.5 million jobs. To see the full economic impact of America’s working forests, visit www.nafoalliance.org/economic-impact-report.

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