Pace Environmental Notes, the weblog of the Pace University School of Law’s Environmental Collection, is a gateway to news, recent books and articles, information resources, and legal research strategies relevant to the fields of environmental, energy, land use, animal law and other related disciplines.
Congress
has expressed interest in biopower—electricity generated from biomass.
Biopower, a baseload power source, has the potential to strengthen rural economies,
enhance energy security, and improve the environment, proponents say. Biopower
could be produced from a large range of biomass feedstocks nationwide (e.g.,
urban, agricultural, and forestry wastes and residues). One challenge to
biopower production is a readily available feedstock supply. At present,
biopower requires tax incentives to be competitive with conventional fossil
fuels. If Congress considers a renewable electricity standard or other measures
(e.g., farm bill energy programs) that include biopower, there may be concerns
about the carbon neutrality of biopower. Congressional support for biopower has
aimed to promote energy diversity and improve energy security, and has generally
assumed that biopower is carbon neutral. An energy production activity is
typically classified as carbon neutral if it produces no net increase in greenhouse
gas (GHG) emissions on a life-cycle basis. The premise that biopower is carbon
neutral has come under scrutiny as its potential to help meet U.S. energy
demands and reduce U.S. greenhouse gas emissions is more closely examined.
Whether
biopower is carbon neutral depends on many factors, including the definition of
carbon neutrality, the feedstock type, the technology used, and the time frame
examined. Carbon flux (emission and sequestration) varies at each phase of the
biopower pathway, given site- and operation-specific factors. A life-cycle
assessment (LCA) is a common technique to calculate the environmental
footprint, including the carbon flux, of a particular biopower pathway.
However, past legislation has not required a standardized LCA.
Interest
in the carbon classification of biopower is in part due to sustainability and
air quality concerns. Where the feedstock supply for biopower originates, if it
is managed in a sustainable manner, and whether the associated air quality
impacts from biopower generation are tolerable are questions that are part of
the biopower carbon-neutrality debate. Congress may decide whether the current
carbon-neutral designation for biopower is accurate, or whether additional carbon
accounting for biopower is warranted and what impact this accounting might have
on renewable energy, agricultural, and environmental legislative goals.
Rulings
by the U.S. Environmental Protection Agency have raised questions about the
carbon neutrality of biopower. For instance, the 2010 Prevention of Significant
Deterioration and Title V Greenhouse Gas Tailoring Rule did not exempt
emissions from biomass combustion. Some view EPA’s decision as equating biomass
emissions with fossil fuel emissions. EPA decided in 2011 to defer for three
years GHG permitting requirements for carbon dioxide emissions from bioenergy and
other biogenic stationary sources in order to conduct a detailed examination of
the science associated with these emissions. EPA’s Scientific Advisory Board
conducted an independent review of the agency’s biogenic accounting framework
and released its findings in September 2012. The board acknowledged the “daunting
task” of assessing the greenhouse gas implications of bioenergy, and the “narrow
regulatory boundaries” within EPA’s purview that limit the consideration of
greenhouse gas flux at various points along the bioenergy pathway.
State
perspectives on the tailoring rule are divided. Some states contend that
treating biomass combustion the same as fossil fuel combustion will result in
excessive permitting requirements and fees that jeopardize renewable energy
development. Other states argue that not treating it the same will aggravate
climate change over time.
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