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NOTICE OF PUBLIC HEARING and COMMENT PERIOD in re: Adoption of Air Pollution Control Regulation No. 46, entitled "CO2 Budget Trading Program" and Air Pollution Control Regulation No. 47, entitled "CO2 Budget Trading Program Allowance Distribution" The Director of the Rhode Island Department of Environmental Management (DEM) proposes to adopt Air Pollution Control Regulation No. 46, entitled "CO2 Budget Trading Program" and Air Pollution Control Regulation No. 47, entitled "CO2 Budget Trading Program Allowance Distribution" and gives notice of intent to hold a public hearing and comment period to receive public comment on the proposed regulations and to afford interested parties an opportunity to submit data, views, or arguments orally and/or in writing on the proposed regulations. The public hearing will be held on Thursday, June 5, 2008 at 10:00 AM in Room 300 at the Rhode Island Department of Environmental Management's offices, 235 Promenade Street, Providence, Rhode Island. In February 2007, Rhode Island Governor Donald Carcieri signed the Regional Greenhouse Gas Initiative (RGGI) Memorandum of Understanding (MOU). RGGI is an effort among ten Northeast and Mid-Atlantic States to develop and implement a regional carbon dioxide (CO2) cap-and-trade program aimed at stabilizing and then reducing CO2 emissions from large fossil-fuel-fired electricity generating units in the region. By signing the MOU Rhode Island committed to propose a CO2 cap-and-trade program substantially the same as in other RGGI participating states. The Rhode Island General Assembly enacted legislation in June 2007 directing DEM to draft rules for Rhode Island's participation in RGGI and to specify the mechanism for the sale of allowances. (See RIGL § 23-82) Proposed APC Regulation No. 46 was developed based on a regional model rule. Proposed APC Regulation No. 47 was developed based on similar rules in other RGGI participating states, while incorporating Rhode Island's statutory requirements. Proposed APC Regulation No. 46 will regulate CO2 emissions from fossil-fuel-fired electric generating units (CO2 budget units) with a capacity of at least 25 MW or greater. CO2 allowances (one allowance is equivalent to a permit to emit one ton of CO2) will be auctioned or sold by the Department. To demonstrate compliance with the CO2 Budget Trading Program, CO2 budget units must provide one CO2 allowance for each ton of CO2 emitted during each compliance period. Proposed APC Regulation No. 46 will have incorporations by reference. Proposed APC Regulation No. 47 specifies the mechanism to auction or sell CO2 allowances. A copy of the proposed regulations and a fact sheet can be obtained at the DEM website, www.dem.ri.gov/rggi. Copies are also available at DEM's Office of Air Resources, 235 Promenade St., Providence, RI. Any additional requests can be made by contacting the Office of Air Resources at 401-222-2808, weekdays, 8:30 AM to 4:00 PM. DEM has determined that there are no alternative approaches available for consideration. DEM has also determined that the proposed regulations do not overlap or duplicate any other state regulation. DEM has complied with the requirements of R.I. General Laws section 42-35-3.3 by submitting copies of the proposed regulations to the Governor's Office and the Economic Development Corporation (EDC). DEM encourages the submission of written comments. Written comments may be submitted by mail prior to the date of the public hearing at the address indicated above, or by hand-delivery during the public hearing. A stenographic record of the hearing will be made. The hearing room is accessible to the handicapped. The DEM will provide interpreter services for the hearing impaired, provided such a request is made at least 48 hours prior to the hearing date. A request for interpreter service and for a TTY can be made in writing by calling (401) 222-4462. Signed the 2nd day of May, 2008 Stephen Majkut, Chief Office of Air Resources |
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