New York on Tuesday held its final hearings on emissions standards, with Administrative Law Judge Molly McBride conducting two public comment webinars for the recently proposed statewide emissions limits for 2030 and 2050.

The limits are proposed as 60% and 15%, respectively, of estimated 1990 greenhouse gas emissions, a baseline that increased by 70% under new statutory requirements that include upstream emissions in the calculation. Final comments on the proposed (Part 496) emissions limits are due at the Department of Environmental Conservation (DEC) by 5 p.m. Oct. 27. (See NY Seeks Comment on Proposed Emissions Limits.)

The Climate Leadership and Community Protection Act (CLCPA) mandates, among other targets, that 70% of the state’s electricity come from renewable resources by 2030 and that generation be net zero, or 100% carbon-free, by 2040. (See Cuomo Sets New York’s Green Goals for 2020.)

Climate Action Council Involvement

Robert Howarth, Cornell University professor of ecology and environmental biology, and a member of the state’s Climate Action Council, summarized his written comments, citing his own recent study for how New York should account for methane emissions under the CLCPA. (See NY Study Highlights Rising Methane Emissions.)

“I appreciate the difficulty in estimating greenhouse gas emissions for back in 1990, and given this difficulty, I feel the estimates derived for the new [GHG] emission limits are reasonable overall,” Howarth said. “I particularly commend DEC for their inclusion of the carbon dioxide emissions that occurred outside of the state but that were associated with the development, processing and transportation of fossil fuels used within the state in 1990.”

The direct emissions of carbon dioxide in New York state from the combustion of fossil fuels also seem well estimated by the DEC, he said. But its estimate of methane emissions associated with the use of fossil fuels is lower than what he estimated by about 16%.

“I believe my estimate is a better one, as it’s consistent with the analysis by [Johns Hopkins University professor Scot] Miller, et al. published in 2013, and as I explained in a peer-reviewed paper in 2014, that estimate is based on data from the late 20th century using top-down estimates, and I believe those are more reliable than the estimates upon which DEC relies,” Howarth said.

The difference is relatively small, he said, but the DEC nonetheless should reconsider their choice.

“Moving forward over the next year to look at modern emissions, it becomes much more important to use the top-down approach,” Howarth said.

He commended the DEC for using the 20-year global warming potential as derived from the Intergovernmental Panel on Climate Change (IPCC) to compare methane and carbon dioxide emissions, which is consistent with the CLCPA requirement and his own recommendations.

“I would be happy to work with DEC and others as they work on their approach for modern emissions, and I strongly urge that the Climate Action Council be more directly involved in the process moving forward over the next year,” Howarth said.

Other Voices

Setting emissions limits is arguably one of the most difficult elements in implementing the CLCPA when it comes to the impact on people’s jobs and the state’s economic and environmental future, said Kevin Schwab, a vice president of CenterState CEO, an economic development organization in Syracuse.

“We’re really going to need a full and accurate baseline of CO2 equivalents to make sure that the work results that [the Climate Action Council is] trying to produce are going to produce the best outcomes for the environment,” Schwab said.

He noted concern among upstate businesses about the IPCC protocols as they relate to imported energy and fugitive emissions.

“Historical reporting in these areas is certainly going to produce some competing data, collection methods and estimates,” Schwab said. “For example, our overall emissions related to energy production have gone down since 1990, but there are estimates available that would suggest that our emissions from energy imported into New York have risen over that period … [which] requires more scrutiny.”

John Rath, director of operations for NY Geothermal Energy Organization (NY-GEO), said he had recently moved to New York from Texas and that “it’s great to be living in a progressive state that recognizes climate realities and the need for action. … In addition to the larger goals, I think it would be helpful to incorporate some interim targets along the way.”

Eric Weltman, a senior organizer in Brooklyn for the national advocacy group Food & Water Watch, said, “We want to send a message to Gov. [Andrew] Cuomo and the DEC that it’s time to match rhetoric with action and demonstrate the commitment, provide the resources and implement the policies necessary to meet the urgency of the climate crisis. Five years ago, Cuomo banned fracking in New York, but since then he’s allowed a buildout of pipelines and power plants that have increased our reliance on fracked gas, a dangerous inconsistency in policy.”

John Bartow, executive director of the Empire State Forest Products Association (ESFPA), said his organization is committed to addressing climate change in a way that recognizes the value of wood products and the role that private forest land owners contribute to climate resilience.

“The CLCPA does not require the DEC to report emissions related to bioenergy produced in another state and imported into New York, which could create a competitive disadvantage of bioenergy production in New York,” Bartow said. “For example, wood pellets produced in New York would be accounted for both their production and consumption emissions, while a Pennsylvania facility would only be accounted for their New York consumption emissions. Why would any bio-energy production facility want to produce in New York?”

Tara Vamos, a member of New Yorkers for Cool Refrigerant Management, said that setting the emissions limits is a tremendous opportunity to include all refrigerants, which are incredibly potent short-lived climate pollutants (SLCPs).

New York joined with other states to form the U.S. Climate Alliance, which issued the SLCP Challenge to Action to meet the goals of the 2015 Paris Agreement on climate change, she said.

“Page 19 of that roadmap says that states can take steps to support the global transition away from HFCs [hydrofluorocarbons], detect and repair leaks, and collect and destroy used refrigerants,” Vamos said. “By addressing all three areas, states can reverse trends in emissions from this fast-growing sector and reduce them by as much as 40 to 50% by 2030, which would be tremendous.”