Murphy DEP’s Proposed Greenhouse Gas Emissions Rule Ignores Methane, Lacks A Cap On Total Emissions, And Does Not Link Individual Project Emissions To Statewide Mandatory Emission Reduction Goals

DEP Proposal Would Reduce Statewide Carbon Dioxide Emissions a Paltry 2.6% by 2035

Allows DEP To Continue to Rubber Stamp Permits For Gas Pipelines, Power Plants, & LNG Exports

Makes A Mockery Of Gov. Murphy’s Executive Order Purported to Accelerate Emissions Reductions

Why we need a moratorium on new fossil infrastructure, an enforceable cap on total emissions and explicit linkage between the emissions from an individual project to attaining the total statewide emissions reduction goals

The Murphy DEP finally proposed their long awaited “Climate PACT” rule to reduce greenhouse gas emissions (read the DEP proposal).

I previously provided a critical overview of that proposal and wrote a followup post about how it failed to even consider Gov. Murphy’s recent Executive Order #274 to accelerate the GHG emissions reduction goals of the NJ Global Warming Response Act.

So, in assisting folks to participate in the public hearing (2/1/22) and public comment process on the proposal (public comment period ends on 3/6/22), today I want to highlight remarkable and fatal flaws in the proposal.

First, the DEP proposal fails to regulate methane emissions.

Methane is 86 times more potent a greenhouse gas than carbon dioxide (in the short-run, over a 20 year period).

In 2020, Governor Murphy signed into law P.L.2019, c.319 that requires DEP to use a 20-year time horizon and most recent IPCC Assessment Report when calculating global warming potential to measure the global warming impact of greenhouse gases.

Yet here is how DEP (under)estimated the warming potential of methane (top of page 30)

Direct methane emissions released to the atmosphere (without burning) are about 25 times more powerful than CO2 in terms of their warming effect on the atmosphere.

So, the DEP not only failed to regulate methane emissions, they are ignoring a State law mandate and misleading the public about  the warming potential of methane.

DEP originally defined methane as a regulated greenhouse gas way back in 2005, but did not regulate methane emissions (see DEP rule adoption, @ p. 66)

In 2019, the NJ Global Warming Response Act was amended to address methane: (revealing their cheerleading role, Gov. Murphy’s press release is actually posted on the NJ Conservation Foundation website!)

The Legislature further finds and declares that, while carbon dioxide is the primary and most abundant greenhouse gas, other greenhouse gases known as short-lived climate pollutants, including black carbon, fluorinated gases, and methane, create a warming influence on the climate that is many times more potent over a shorter period of time than that of carbon dioxide, and have a dramatic and detrimental effect on air quality, public health, and climate change; and that reducing emissions of these pollutants can have an immediate beneficial impact on climate change and public health.

But DEP defied the legislature’s findings and mandate on how to calculate methane warming potential.

The failure to regulate methane allows DEP to rubber stamp permits for major fossil infrastructure like LNG export plants, gas pipelines, gas power plants, and compressor stations without considering GHG emissions, climate impacts or the emission reduction goals of the Global Warming Response Act or the Governor’s recent Executive Order 274.

According to a petition for rulemaking submitted to DEP by the EMPOWER NJ coalition, there are multiple major proposed natural gas pipelines, compressor stations, power plants and an LNG export project pending DEP permit review. Those projects, according to the petition, would increase current greenhouse gas emissions by more than 30%. (see point #64, p. 19-20)

These projects emit both methane (directly and by leaks) and carbon dioxide (by combustion of the methane natural gas fuel).

Because DEP is not regulating methane, the methane emissions from these projects (lifecycle, from the fracking gas well to the point of use) would not be considered or regulated.

The carbon dioxide emissions from these projects, e.g. for gas fueled power plants, would be below DEP’s promoted CO2 emission standards for individual sources, and therefore would be permitted by DEP.

Second, there is  no overall cumulative cap on emissions under DEP’s proposal – i.e. the emission standards for an individual project are NOT linked to the Global Warming Response Act reduction goals or the Governor’s Executive Order (50% by 2030). 

For context for the DEP’s alleged 2.5 million ton carbon dioxide reduction and failure to regulate methane, consider this just one gas fired power plant project would completely wipe out the DEP’s entire projected 2.5 million ton emission reduction: (Bergen Record, 2/15/19)

A controversial, natural gas-fired power plant proposed for the Meadowlands would emit more carbon dioxide and other greenhouse gases than any existing power plant in New Jersey, according to a review of federal data.

In fact, North Bergen Liberty Generating station’s estimated 2.6 million metric tons of carbon dioxide emissions would tie it with the Phillips 66 Bayway Refinery in Linden as the top single greenhouse gas producer in the Garden State.

Third, there is no enforceable linkage between individual project emissions and attainment of Statewide emissions reduction goals.

This is why we need a moratorium on new fossil infrastructure, an enforceable cap on total emissions and explicit linkage between the emissions from an individual project to attaining the total statewide emissions reduction goals.

The DEP proposal fails in all those ways: no moratorium and no cap and no linkage from individual to statewide limit.

The DEP proposal is a weak effort.

It completely contradicts Gov. Murphy’s rhetoric about his commitment to address the climate crisis.

We need far more to address the climate emergency.

But, just don’t expect NJ Spotlight to tell you that. They provide readers with sweeping propaganda.