EPA PUBLISHED DEFERRAL RULE

In July 2011, EPA published the Deferral Rule in response to NAFO’s petition to reconsider the treatment of biomass carbon emissions under the Tailoring Rule.  Biomass differs from fossil fuels as an energy source because it recycles atmospheric carbon through tree and plant growth while fossil fuel carbon emissions accumulate in the atmosphere over time.  In a reversal of EPA’s longstanding policy of excluding biomass carbon emissions from GHG accounting in the energy sector, the Tailoring Rule unexpectedly, and without notice, regulated carbon emissions from biomass energy production in the same manner as fossil fuel emissions.  The Deferral Rule will allow EPA to reconsider this unsupported policy change without subjecting biomass energy facilities to unnecessary permitting requirements.

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