Rulemaking Process for Greenhouse Gas Emissions Reductions
 

In accordance with Executive Order No. 07-127 signed by Governor Crist on July 13, 2007, the department initiated three rulemaking projects aimed at reducing Florida’s greenhouse gas emissions. The three projects involve reducing greenhouse gas (GHG) emissions from electric utilities, adopting the California motor vehicle emissions standards, and developing a diesel idle reduction standard.

Heavy-Duty Vehicle Idling Reduction. On June 19, the Environmental Regulation Commission (ERC) approved the department’s proposed rule for reducing emissions resulting from long-duration on-road diesel engine idling, with two amendments offered by the department. The notice of proposed rulemaking was published on May 23 in the Florida Administrative Weekly (https://www.flrules.org/default.asp), and is also posted on the department’s website at http://www.dep.state.fl.us/air/rules/recently.htm, along with a copy of the rule language, the two rule amendments adopted at the hearing, and the department’s June 19 presentation to the ERC. A “notice of change” reflecting the two rule amendments will be published in the FAW in late July.

Adoption of California Motor Vehicle Emissions Standards. At the June 19 ERC meeting, the department briefed the commission on the current status of its rule development project for adoption of the California motor vehicle emissions standards. The department will further brief the Environmental Regulation Commission (ERC) on this project at its August 28 meeting. The ERC will not be asked to take any action on the rule at the August meeting. The department expects to publish final proposed rule language in late August for approval by the ERC at a subsequent rule adoption hearing, tentatively September 25. In the meantime, the department has posted draft rule language at http://www.dep.state.fl.us/air/rules/ghg/california.htm. For reference, the department has also posted, at the same site, a compilation of some relevant portions of the California Code of Regulations (CCR) that are proposed to be incorporated by reference by this rulemaking project. For further details, the California Air Resources Board maintains the low-emission vehicle regulations and test procedures at http://www.arb.ca.gov/msprog/levprog/test_proc.htm. Individual sections of the CCR can be viewed at http://www.oal.ca.gov/ccr.htm.

Electric Utility Greenhouse Gas Reduction. At the June 2008 “Serve to Preserve Florida Summit on Global Climate Change,” Governor Crist signed legislation (HB 7135) creating Florida Statute 403.44, the “Florida Climate Protection Act.” (http://www.myfloridaclimate.com/env/home/) This legislation authorizes the department to adopt rules for a cap-and-trade program to reduce greenhouse gas emissions from electric utilities. The department’s electric utility GHG rulemaking project will proceed in conjunction and in accordance with the provisions of this new law. In proceeding with the cap-and-trade rule, the department will be following and considering the work of the Governor’s Climate Action Team and its Phase II report due October 1, 2008 (http://www.flclimatechange.us/ ). The next rule development workshop will be announced at a later time. Previous workshop materials and public comments received to date on this project are posted on the department’s website at http://www.dep.state.fl.us/air/rules/ghg/electric.htm.

Further information on each of these rulemaking projects, including comments received to date, may be viewed at:

Adoption of California Motor Vehicle Emissions Standards - http://www.dep.state.fl.us/air/rules/ghg/california.htm.

Electric Utility Greenhouse Gas Reduction Program - http://www.dep.state.fl.us/air/rules/ghg/electric.htm.

Heavy-Duty Vehicle Idling Reduction – http://www.dep.state.fl.us/air/rules/recently.htm.

In addition, the department has established an e-mail distribution list to provide interested persons with updates on the status of these projects. Please email Lynn Scearce lynn.scearce@dep.state.fl.us or call at 850-921-9551 to add, remove or update any e-mail address for future distribution of greenhouse gas rulemaking updates.

Written comments on the two continuing rulemaking projects may be submitted to the contact persons listed below.

For California Motor Vehicle Emissions Standards, Attention: Greg DeAngelo Gregory.DeAngelo@dep.state.fl.us

For Greenhouse Gas Emission Reduction/Electric Utilities, Attention: Larry George larry.george@dep.state.fl.us

Please copy Lynn Scearce lynn.scearce@dep.state.fl.us on comments submitted on either of these projects. Comments provided by mail should be addressed to:

Florida Department of Environmental Protection
Division of Air Resource Management
2600 Blair Stone Road, MS 5500
Tallahassee, FL 32399-2400