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The Air Resources Board (ARB) will release information related to
the ODS investigation on the ARB website at 12:00 pm (noon)
Pacific Time Friday, November 14, 2014. On May 29, 2014, ARB
initiated an investigation of compliance offset credits issued
for ozone depleting substance destruction events that took place
at the Clean Harbors Incineration Facility in El Dorado, Arkansas
(Facility) which may have been generated while the facility was
not in compliance with provisions of its operating permit issued
under the federal Resource Conservation and Recovery Act (RCRA). 
ARB’s Executive Officer has made a final determination that
included a careful review of US EPA inspection reports, materials
provided in response to subpoenas, and materials submitted during
formal and informal comment periods.  The final determination
will be made publicly available at noon PT, November 14th, 2014,
here:  

http://www.arb.ca.gov/cc/capandtrade/capandtrade.htm  

Background  

ARB has been reviewing whether compliance offset credits issued
for ozone depleting substances destruction events that took place
at the Facility were generated while the Facility was not in
compliance with provisions of its operating permit issued under
RCRA.  ARB believes the greenhouse gas reductions represented by
the offsets are real, quantified, and verified reductions.  The
offset program serves as an important cost containment feature of
the Cap-and-Trade Program.  

The Cap-and-Trade Regulation allows ARB to investigate and
invalidate any issued compliance offset credits that were
generated if the offset project activity and implementation of
the offset project was not in accordance with all local, state,
or national environmental and health and safety regulations
during the reporting period for which the ARB offset credit was
issued.  During the period of review and until a final
determination is issued, ARB has blocked transfers of potentially
impacted compliance offset credits.  Once ARB blocked the
transfer of compliance offset credits under investigation on May
29, 2014, all parties identified as holders of potentially
impacted compliance offset credits had 25 calendar days to
provide additional information to ARB to aid in the review.  ARB
also requested specific additional information to aid in its
review and subsequently provided a 10-day informal comment period
for stakeholders to review the Executive Officer’s preliminary
determination.  The 10-day informal comment period is not
required by the Regulation.  The Executive Officer had 30
calendar days from the end of the 10-day informal comment period
to make a final determination whether to invalidate any
compliance offset credits subject to review.  The compliance
offset credits determined to meet the requirements of the
Regulation will be made available to the CITSS accounts of the
respective owners.  None of the compliance offset credits
currently under review have been used for compliance in the
Cap-and-Trade Program.



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