Transportation tops Maine greenhouse gas emissions

Cars, trucks and other vehicles used for transportation were responsible for most of the greenhouse gas emissions in Maine in 2017, according to a report released by state environmental regulators this week. Maine's transportation sector has emitted more greenhouse gases than any other sector every year for at least two decades, according to state data, and is the only tracked sector whose greenhouse gas emissions have increased since 1990.

A 2003 state law established a series of greenhouse gas reduction goals for Maine. The law set a target to reduce greenhouse gas emissions within the state, by 2010, to the levels of emissions recorded for 1990; to reduce emissions to 10% less than 1990 levels by 2020; and in the long term, "reduction sufficient to eliminate any dangerous threat to climate." The 2003 law required the Maine Department of Environmental Protection to issue a report every 2 years on progress toward these goals.

In 2019, the Maine State Legislature enacted An Act To Promote Clean Energy Jobs and To Establish the Maine Climate Council, which replaced these goals with requirements that Maine reduce its gross annual greenhouse gas emissions to at least 45% below the 1990 gross emissions level by 2030, and to at least 80% below 1990 levels by 2050. The 2019 law requires the Department of Environmental Protection to adopt rules to ensure compliance with these levels, and authorizes the Department of Transportation to adopt similar rules.

On January 13, 2020, the Maine Department of Environmental Protection issued its Eighth Biennial Report on Progress Toward Greenhouse Gas Reduction Goals. The report shows that Maine’s electric sector has largely been decarbonized, while transportation and heating remain laggards.

As it has for decades, transportation dominates Maine’s greenhouse gas emissions at 54% of the total, because nearly all vehicles burn gasoline or diesel. Homes are the second-largest emitters, contributing 19% of the total, mostly by burning oil for heating. Commercial businesses (11%) and industrial businesses (9%) contribute relatively smaller shares.

Meanwhile electric power generation contributed just 7% of Maine’s CO2 emissions in 2017 (down from 9% in 2015). As Figure 7 from the Department's report shows -- reproduced below -- no sector has cut its carbon emissions by a greater percentage than the electricity sector, while transportation stands out for its dominant and growing share of emissions.

Figure 7, Maine Department of Environmental Protection Eighth Biennial Report on Progress Toward Greenhouse Gas Reduction Goals

The 2019 legislation also created the Maine Climate Council to advise the Governor and state Legislature on ways to mitigate the causes of, prepare for and adapt to the consequences of climate change. Governor Janet Mills also issued an executive order calling for Maine to be carbon neutral by 2045. Achieving these goals will require substantial focus on decarbonizing Maine's transportation sector.

Trump executive order on domestic energy policy

U.S. President Donald Trump has signed an executive order affecting domestic energy policy.  His March 28, 2017 Presidential Executive Order on Promoting Energy Independence and Economic Growth includes a variety of directives, generally aimed at reducing federal regulations affecting domestic energy production.  Here's a look at his Executive Order targeting Obama-administration climate regulations and other agency actions that potentially burden the development or use of domestically produced energy resources.

The Executive Order includes 8 operative sections.  One provides policy statements; six call for regulatory reviews that could lead to rule changes or revocations, or directly revoke and rescind Obama-era actions.  The final section includes general provisions.

Section 1 includes five policy statements, such as that "is in the national interest to promote clean and safe development of our Nation's vast energy resources, while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation."  It also sets a federal policy "that executive departments and agencies (agencies) immediately review existing regulations that potentially burden the development or use of domestically produced energy resources and appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources beyond the degree necessary to protect the public interest or otherwise comply with the law."

Section 2 calls for an immediate review of all agency actions that potentially burden the safe, efficient development of domestic energy resources, "with particular attention to oil, natural gas, coal, and nuclear energy resources."  It directs agency heads to submit a memorandum to the Office of Management and Budget detailing such potentially burdensome actions, and including "specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency actions that burden domestic energy production."  With respect to actions targeted with specific recommendations in a final report, agency heads are directed to "as soon as practicable, suspend, revise, or rescind, or publish for notice and comment proposed rules suspending, revising, or rescinding, those actions, as appropriate and consistent with law."

Section 3 rescinds or revokes a variety of Presidential actions and reports, including several of President Obama's executive orders regarding climate change, the President's 2013 Climate Action Plan, and the Council on Environmental Quality's 2016 final guidance for federal agencies on consideration of greenhouse gas and climate issues in performing reviews of agency actions under the National Environmental Policy Act.

Section 4 calls for the Administrator of the Environmental Protection Agency to "immediately take all steps necessary to review" the Clean Power Plan governing electricity-sector emissions and related rules "for consistency with the policy set forth in section 1 of this order and, if appropriate, shall, as soon as practicable, suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules."

Section 5 disbands a working group on the social cost of greenhouse gas emissions, and restricts the ways agencies may account for the monetary value of changes in greenhouse gas emissions resulting from regulations.

Section 6 calls for the Secretary of Interior to lift moratoria on federal land coal leasing activities imposed under a 2015 order, and to commence federal coal leasing activities.

Section 7 calls for review of federal regulations affecting emissions from the oil and gas sector, including 2016 emissions standards for new, reconstructed and modified sources, and a 2015 rule governing hydraulic fracturing on federal and Indian lands, among others.

Section 8 includes general provisions, generally similar to those found in other executive orders.

Massachusetts climate change executive order

Massachusetts Governor Charlie Baker signed an executive order last month setting a comprehensive approach to climate change.  Executive Order No. 569, Establishing An Integrated Climate Change Strategy for the Commonwealth, directs state agencies to take a portfolio of actions to reduce greenhouse gas emissions, protect against the impacts of climate change, and improve resilience.

The order opens with acknowledgements that climate change and associated extreme weather events present serious threats.  It also notes the state's Global Warming Solutions Act, and the greenhouse gas emissions limits mandated by that law -- a 25% reduction below 1990 levels, achieved by 2020.  Following a decision by the Massachusetts Supreme Judicial Court earlier this year, regulations under that law must establish "declining annual aggregate emissions" for greenhouse gases.

Turning to action items, Executive Order No. 569 requires the Secretary of Energy and Environmental Affairs to publish a "comprehensive energy plan" within 2 years, with an update every 5 years thereafter.

The executive order also requires the Department of Environmental Protection to issue regulations to ensure that Massachusetts meets the 2020 statewide emissions limit required by the Global Warming Solutions Act.   Pursuant to the executive order, these regulations must be finally promulgated by August 11, 2017.

Executive Order No. 569 also requires coordination between the state's Energy and Environmental Affairs and Public Safety offices, with respect to strengthening community resilience, preparing for the impacts of climate change, and preparing for and mitigating damage from extreme weather events.  Within 2 years, this coordination will result in a Climate Adaptation Plan presenting a statewide adaptation strategy.

Feds approve Quebec-to-NY power line

A proposed electric transmission line connecting Quebec to New York will receive a key federal approval, according to the U.S. Department of Energy.  The Energy Department's decision to issue a Presidential permit to Champlain Hudson Power Express, Inc. focuses attention on the nation's international trade in electricity, and may suggest increased reliance on power imports.

Pursuant to two Executive Orders -- EO 10485 (September 9, 1953), as amended by EO 12038 (February 7, 1978) -- no electricity transmission facilities may be constructed, operated, maintained, or connected at the U.S. border without first obtaining a Presidential permit from the Department of Energy.  In 2010, Champlain Hudson Power Express, Inc. applied to DOE for a Presidential permit to construct, operate, maintain, and connect a 1,000-megawatt (MW), high-voltage direct current (HVDC) merchant electric power transmission system across the U.S./Canada border.

As currently envisioned, the Champlain Hudson Power Express project would cross the U.S./Canada border near the town of Champlain in northeastern New York State.  From there, the line would extend southward about 336 miles to the Consolidated Edison Company of New York, Inc. Rainey substation in Queens, New York.  Notably, the aquatic portions of the transmission line would primarily be buried in sediments of Lake Champlain and the Hudson, Harlem, and East rivers, while the terrestrial portions of the line would be buried within existing roadway and railroad rights-of-way.

The Department may issue or amend a permit if it determines that the permit is in the public interest and after obtaining favorable recommendations from the U.S. Departments of State and Defense.  In making this determination, DOE considers factors including the proposed project's potential impacts on the environment and electricity reliability.

In the case of the Champlain Hudson Power Express, the Department of Energy's record of decision states that its decision to grant the Presidential permit was based on "consideration of the potential environmental impacts, impacts on the reliability of the U.S. electric power supply system under normal and contingency conditions, and the favorable recommendations of the U.S. Departments of State and Defense."  With the Presidential permit in hand, the project developer will be one step closer to success -- but additional steps remain, including both securing regulatory approvals and completing the commercial arrangements necessary for project development.

If the project is built, New York consumers may soon have increased access to electricity generated from Canadian hydropower and other resources across their northern border.  Will the U.S. soon import more power from Canada?  If so, how much, and at what cost?  How will market forces and regulatory agendas combine to affect Canadian exports of electricity to the U.S.?

April 14, 2011 - California establishes 33% renewable energy standard

California established a 33% renewable energy standard this week when Governor Jerry Brown signed Senate Bill 2X.  That bill creates a legislative mandate that California utilities and other electric service providers must source 33% of the electricity they sell to retail consumers from renewable resources.  The Governor's signing ceremony followed the bill's passage by each chamber of California's legislature with a majority vote - 26-11 in the Senate and 55-19 in the Assembly.

Electric vehicle charging station, Burlington, Vermont.

California's new 33% RPS law is not its first renewable electricity standard.  The California Legislature had previously enacted an RPS that required utilities to source 20% of their electricity from renewables. In fact, California has already had a 33% RPS.  After legislation increasing the renewable mandate failed to pass at the end of the last decade, in September 2009 Governor Schwarzenegger raised the RPS to 33% by executive order.

SB 2X also relieves some jurisdictional uncertainty over the RPS.  California's original legislative 20% RPS was administered by the California Public Utilities Commission, but Governor Schwarzenegger's  Executive Order gave the California Air Resources Board authority over the additional RPS mandate beyond 20%.  SB 2X restores the CPUC's authority over the RPS, giving it a mandate to develop rules implementing the shift.