I am just addressing the legal constraints the EPA operates under when using 
its authority under the Clean Air Act.  It is possible to construct a broad 
range of scenarios that would rely on systems that cross industrial categories 
to achieve GHG reductions but when EPA adopts rules under particular provisions 
of the a Act, it has to respect the restrictions placed on those provisions by 
Congress.
I don't see how EPA could incorporate the effects of biochar production into a 
standard that limits pounds of CO2 per megawatt hour of electricity production.

Sent from my iPad

> On Jul 30, 2014, at 1:58 PM, "Ronal W. Larson" <[email protected]> 
> wrote:
> 
> Dave:  cc list
> 
>    Suppose a biomass plant is planned to backup a wind or solar generator 
> (for some reason preferable to natural gas, batteries, or pumped hydro, etc). 
>    I (and many others) feel that there is greater social benefit (food, soil 
> C leading to greater NPP, water, fertilizer, etc) if that biomass plant 
> consumes twice as much biomass to make biochar.  Roughly half (rather than 
> all) the initial carbon would then be classified as CDR (carbon negative).  
> Would you argue that this "removal" half of biochar should not be counted as 
> complying with the proposed standards?
> 
> Ron
> 
> 
>> On Jul 30, 2014, at 11:38 AM, Hawkins, Dave <[email protected]> wrote:
>> 
>> Because this standard is a sector-specific (fossil electric power generating 
>> units) emission reduction program, EPA is constrained by the Clean Air Act 
>> to allow only this techniques that result in emission reductions from the 
>> regulated fossil electric generating units to be counted in complying with 
>> the standards.  EPA's proposal does allow actions that occur outside the 
>> generating plant boundaries to count -- including shifting generation to 
>> zero-carbon and lower-carbon sources, as well as demand-side measures that 
>> reduce total demand.  These techniques are within the scope of Clean Air Act 
>> allowable measures because they all result in emission reductions at the 
>> regulated source category.
>> Techniques like CDR, while desirable as part of a broader mitigation effort, 
>> are not within the scope of this sector-specific standard.
>> 
>> Sent from my iPad
>> 
>> On Jul 30, 2014, at 1:29 PM, "Ronal W. Larson" 
>> <[email protected]<mailto:[email protected]>> wrote:
>> 
>> List:
>> 
>> Yesterday, I gave testimony in this week's EPA hearings on their Clean Power 
>> Plan.  I concentrated on just one proposed modification - that their present 
>> four building blocks be expanded to include a fifth on CDR/NET - half (?) of 
>> this list's territory.  I had planned to do this only in writing, but I 
>> stopped by the Denver hearings late in the day and had no trouble testifying 
>> quickly (and not as well as I would have liked - so I have to also write 
>> now).   It is possible to testify today (5 minute max) also in Denver, 
>> Atlanta and Washington DC  - but also in Pittsburgh on Thursday and Friday.  
>>  The fossil industry is in this full force.
>> 
>>      But mainly this note is  to suggest this is a perfect time for everyone 
>> on this list to make a written policy point about CDR/NET (I don't think SRM 
>> would qualify).  No prohibition I know of to prevent citizens of other 
>> countries to write.  We have until Oct. 16 (120 days after the June 18 first 
>> official release).
>> 
>> The main point I will be making in writing is that a carbon negative action 
>> could be disallowed unless the rules now specifically encourage this fifth 
>> "negative emissions" block.  That is - CO2 removal should be as much 
>> encouraged as is CO2 reduction, and this should include CH4 and N2O.  I fear 
>> that half of the biomass carbon appearing as biochar could not receive the 
>> same treatment as the half that is carbon neutral.   I will not make this a 
>> biochar issue - rather all of CDR/NET.   I will be emphasizing the need to 
>> consider getting to 350 ppm (Hansen and McKibben) and the need to promote 
>> hope and reversibility.  I have failed to find the "negativity" concept in 
>> the written rules - which can be found at 
>> http://www2.epa.gov/carbon-pollution-standards/clean-power-plan-proposed-rule
>>  .
>> 
>> There are also a huge array of requested comments in the Federal Register on 
>> June 18, especially around p 34839 on these "blocks".  See:  
>> http://www.gpo.gov/fdsys/pkg/FR-2014-06-18/html/2014-13726.htm
>> 
>> I wonder if anyone else on this list is following this path to make CDR/NET 
>> better known at EPA?
>> 
>> Ron
>> 
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