White House to review Clean Air Transport Rule

: Coal, Electricity, Emissions, Natural gas, Oil products, Petroleum coke
11/05/17

The proposed Clean Air Transport Rule has been sent to the White House for review, and the final rule is expected to be issued in July.

The Environmental Protection Agency (EPA) yesterday sent its final transport rule to the Office of Management and Budget. The rule is expected to replace the current Clean Air Interstate Rule's (CAIR) SO₂ and NO_x trading programs in 2012.

A federal court in 2008 overturned CAIR for what it said were violations of the Clean Air Act, but the rule has remained in effect until EPA could rewrite it in compliance with the court's decision.

The transport rule will develop new trading rules for the SO₂ and NO_x markets and allocate new allowances. Existing SO₂ and NO_x allowances will not be eligible for compliance under the new programs.

EPA proposed the transport rule in July 2010 and has since issued several new data sets including new emissions projections and allowance allocation methodologies. Many in the industry have called on the agency to issue a new proposal that accounts for the different data, which EPA has said will be considered as it develops the final rule.

EPA's SO₂ and NO_x allocations were among the provisions the federal court found to violate the Clean Air Act. The agency tried to change the value of SO₂ allowances by requiring utilities to surrender two allowances for each ton emitted, when Congress had said they are worth a full ton. And for NO_x, EPA used “fuel factors,” which gave more allowances to more emissions-intensive facilities.

EPA “proposed two different allocations schemes for SO₂ allowances and neither one of the proposals is really all that attractive from a legal standpoint.,” said Jeff Holmstead, lawyer with Bracewell and Giuliani and former assistant EPA administrator.

One method would allocate allowances to natural gas plants which “have no compliance obligations so it is just free money for them,” Holmstead said. Some companies have roughly equal coal and natural gas capacities, but others are more coal-intensive and would not be able to transfer allowances from any inherently lower-emitting plants. He said he had seen data suggesting it could cost about $350mn/yr to transfer from coal to natural gas.

The second allocation plan is similar to the one used in CAIR, which is based on emission projections from a set model of plants, rather than predicting specific sources' emissions.

Traders have seen bids for transport rule SO₂ allowances at $1,500/st and NO_x allowances between $5,000 and $10,000/st, but variable NO_x control costs have been seen closer to $500, level with EPA estimates.

EPA has estimated compliance with the transport rule would cost $2.8bn in 2014, when more stringent caps are set for SO₂ in some states. The NO_x caps will be steady, but state-specific caps will be enforced in 2014 which could limit interstate trading. If a state's cap is exceeded, any company that exceeds its allocation there would face penalties, even if it holds enough allowances to cover its emissions. Some market participants have said utilities could be willing to pay double for in-state SO₂ allowances, in an effort to keep the state within its cap.

EPA has also proposed what some say are more stringent rules, such as the utility air toxics rule that requires coal- and oil-fired electric generators to install maximum available control technology to reduce hazardous air pollutants such as mercury and lead.

Utilities are likely to need to install SO₂ scrubbers to meet the air toxics rule which is expected to “crush SO₂ prices but leave NO_x virtually unaffected,” one trader said.

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25/12/22

Viewpoint: CSAPR sentiment bearish despite coal use

Houston, 22 December (Argus) — Expectations for lower prices is likely to persist in the federal Cross-State Air Pollution Rule (CSAPR) allowance markets next year as they remain oversupplied, even with higher levels of coal-fired generation. The seasonal NOx markets have been more active this year compared to 2024, when prices essentially flatlined due to regulatory and legal uncertainty brought about by a barrage of lawsuits filed against the US Environmental Protection Agency (EPA) for its "good neighbor" plan. That plan, which the agency finalized in 2023 under former president Joe Biden, sought to help downwind states meet the 2015 national air quality standards for ozone. The plan imposes more stringent ozone season NOx caps for power plants in more than 20 upwind states, as well as setting new limits on some industrial facilities. But the plan is now essentially defunct after the US Supreme Court halted its implementation in June 2024. This led the EPA to return to less-rigorous NOx emissions limits tied to older ozone standards and reshuffle the participating states into the Group 2 and "expanded" Group 2 markets. Argus launched its assessment of the latter in February 2025. EPA said in March it intends to reconsider the good neighbor plan in order to give states more freedom in developing their own ozone reduction plans. The announcement led to the US District of Columbia Circuit Court of Appeals pausing a lawsuit challenging the legality of the good neighbor plan until the agency completes its reconsideration, and which could culminate in new regulations by fall 2026. But those developments did little to move the seasonal NOx markets, which have already been sluggish due to oversupply and weak compliance demand, leading to more dramatic price fluctuations when trades do occur. Argus has assessed Group 2 allowances at $875/short ton (st) since 1 December and expanded Group 2 allowances at $850/st since 24 October. It is unclear how US president Donald Trump's current hostility towards environmental regulations will affect the administration's attitude towards the existing CSAPR allowance trading markets, but it seems likely that they are here to stay. The EPA likely is "digging into the air transport modeling that they have to understand what their options are," and which could potentially echo its determination during Trump's first term that states had adequately addressed downwind pollution, said Carrie Jenks, executive director of Harvard Law School's Environmental and Energy Law Program. "The EPA is committed to advancing cooperative federalism and working with states on state implementation plans (SIPs) to provide clean air for all Americans," the agency said in December. But extensive case law suggests that the EPA has little room to give states more power to manage emissions as they see fit. Both the DC Circuit Court and the US Supreme Court have made it clear that the EPA must intervene if a state does not sufficiently lower its emissions, Jenks said. "So the EPA's hands, regardless of who's in the White House, are really tied," she said. As a result, the EPA will likely try to prolong the issue by giving states more time to draw up their own ozone-reduction plans. The debates over those plans could revolve around how the modeling of emissions is conducted and interpreted. Even if that modeling is challenged in the courts, it can take years for litigation to get resolved. More coal, more emissions Despite the continued dearth of activity in the seasonal NOx markets, increases in coal-fired generation, a significant source of NOx and SO2 emissions, have buoyed the outlook in those markets, heightening expectations for higher emissions. During the past year, stronger power demand and higher natural gas prices have allowed coal to take a larger market share, which has resulted in increased coal-fired power in grids that serve states covered by CSAPR. But NOx emissions during this year's ozone season, which ran from May through September, were lower than expected, according to market participants. Cumulative emissions in the Group 2 and expanded Group 2 markets rose by just 1pc and 4.2pc, respectively, and remained well below their overall limits. It was likely more cost-effective for power plants to run their NOx controls than to purchase or surrender additional allowances for compliance. Still, given the Trump administration's pro-coal agenda, it remains to be seen for how long increases in coal generation will continue and to what extent that will affect the CSAPR markets. Conversations over ballooning data center demand have also bled into the seasonal NOx markets as the Trump administration seeks to leverage coal to power that boom. There are currently a lot of moving parts that make it difficult to make predictions, including how competitive coal is compared to other energy sources such as renewables, where data centers get built, their demand flexibility, and the federal and state regulatory landscapes in the coming years, Jenks said. By Ida Balakrishna Send comments and request more information at feedback@argusmedia.com Copyright © 2025. Argus Media group . All rights reserved.

P66, Kinder expand proposed western US fuel pipeline

25/12/22

P66, Kinder expand proposed western US fuel pipeline

Houston, 22 December (Argus) — Independent refiner Phillips 66 and midstream giant Kinder Morgan are expanding a plan for a proposed refined products pipeline system from the midcontinent to western US markets. An initial open season for the project, which closed on 19 December, resulted in significant interest, including shipper commitments for the proposed Western Gateway pipeline, the companies said Monday. As a result, a second open season will launch in January for remaining capacity and will include new destinations west of Colton, California, through a joint tariff with Kinder Morgan's existing SFPP pipeline that will be reversed between Watson, California, and Colton, allowing access to Los Angeles markets. The companies did not disclose the length of the second open season. The Western Gateway project, announced in October, includes a new 200,000 b/d pipeline from Borger, Texas, to Phoenix, Arizona, combined with the reversal of SFPP from Colton, California, to Phoenix, Arizona. Philips 66 owns and operates a 149,000 b/d refinery in Borger. In addition, the Phillips 66-operated Gold pipeline, which currently flows from Borger to St Louis, Missouri, would be reversed to allow refined products from midcontinent refineries to flow south to Borger and supply the Western Gateway system. The companies expect the Western Gateway project to be completed in 2029. The proposed pipeline system comes as two large California refineries are planning to close, including Phillips 66's 139,000 b/d Los Angeles refining complex. Phillips 66 stopped processing crude at the Los Angeles facility in mid-October as part of a planned shutdown announced about a year earlier. It expects to idle remaining units by the end of this month. In addition, Valero is planning to shut down or repurpose its 145,000 b/d refinery in Benicia, California, by April 2026. The planned closures have triggered major concerns about California's tight and often volatile oil products market and the impact on neighboring states . Another large US midstream company, Oneok, is considering building a 200,000 b/d pipeline — the Sun Belt Connector — to carry gasoline, diesel and jet fuel from El Paso, Texas, to Phoenix, Arizona. In addition, US independent refiner HF Sinclair is considering several pipeline expansions that would move more refined products from the Rocky Mountains region to markets further west. By Eunice Bridges Send comments and request more information at feedback@argusmedia.com Copyright © 2025. Argus Media group . All rights reserved.

Viewpoint: US, European LNG spread may narrow in 2026

25/12/22

Viewpoint: US, European LNG spread may narrow in 2026

Houston, 22 December (Argus) — The spread between US and European LNG prices will likely narrow further in 2026, but forward prices indicate US LNG supply under long-term contracts will remain comfortably profitable in international spot markets until at least summer 2027 as a wave of new supply comes on line. A recent rally in the US natural gas market highlighted US LNG's tightening margins. The indicative long-term LNG contract price — 115pc of US benchmark Henry Hub plus a $3/mn Btu liquefaction fee — surpassed the Argus Gulf coast (AGC) spot fob price in early December for the first time in more than two years amid cold weather in the US, mild weather in Europe and high Atlantic basin freight rates. But the premium over the spot price was brief and caused no change to export schedules. The front-month Henry Hub contract quickly shed its gains on warmer weather, falling to $3.89/mn Btu on 16 December from a nearly three-year high of $5.29/mn Btu on 5 December. Prices hovered around $4/mn Btu through 19 December. The impact was solely on profit margins rather than fundamentals. Customers of US LNG facilities did not need to cancel cargoes under take-or-pay provisions because a profit incentive to maximize exports remained. Liquefaction costs are considered sunk, and the spread between Henry Hub and European LNG prices remained wide enough to more than cover shipping costs. Though rising exports may add to domestic pricing volatility during cold winter weather through the end of the decade, US and European gas futures today indicate long-term offtake from US LNG terminals will remain profitable until the summer of 2027, assuming freight rates of $80,000/d and a 50¢/mn Btu discount to the European benchmark TTF for northwest European deliveries. At that time, contracts with $3/mn Btu liquefaction fees could surpass delivered LNG prices in northwest Europe, though the arbitrage for US gas would remain open for contracts with lower fees (see chart) . Fees now range between $2.50-2.80/mn Btu for US supply coming on line toward the end of the decade. Contracts with fees on either end of that range remain below European LNG prices until summer 2029 and summer 2028, respectively, assuming freight rates of $80,000/d. But cargo cancellations are not always necessary when long-term US LNG contract prices surpass international prices. Terminal operators and their customers finalize annual delivery plans as well as upward and downward delivery tolerances before the start of each year, leaving less flexibility later in the year. If a customer wishes to cancel a cargo, they typically must notify the terminal up to two months in advance, which would likely only happen in an environment where the cost of 115pc of Henry Hub plus freight stabilizes above European LNG prices. The spread between Henry Hub and delivered European prices is wide enough to absorb freight costs through winter 2030-31. If an offtaker opts for a lower quantity in its delivery tolerance or cancels a cargo, the volume returns to the terminal operator, which could still market and sell the cargo on the spot market. This effectively shifts the seller of a cargo from the LNG customer to the LNG terminal operator. The likelihood of cancellations beyond 2027 may be higher in the spring and autumn shoulder seasons, when demand in Europe is typically lower. Depending on the previous winter, this may be more likely to occur in autumn, given the annual rebuild of Europe's underground gas inventories that begins in the spring. Additional liquefaction capacity has already helped tighten margins for US LNG since Europe's conflict-driven volatility in 2022 . The AGC fob's premium over the long-term indicative contract averaged $3.95/mn Btu through 19 December this year, down from $4.63/mn Btu, $5.37/mn Btu and $20.13/mn Btu in 2024, 2023 and 2022, respectively. But the anticipated convergence of US and European LNG is not guaranteed. Geopolitical conflict could disrupt existing trade patterns. And lower prices in Europe will be contingent on new LNG projects, led by the US and Qatar, maintaining their timelines, which are prone to delays from supply chain issues and workforce constraints. This would add upside risk to international prices and downside risk for Henry Hub if the delays are in the US. By Tray Swanson European LNG spot prices vs long-term US LNG $/mn Btu Send comments and request more information at feedback@argusmedia.com Copyright © 2025. Argus Media group . All rights reserved.

US shale firms see subdued spending next year

25/12/22

US shale firms see subdued spending next year

New York, 22 December (Argus) — US president Donald Trump took to prime-time TV this week to reassure voters that 2026 will see a stronger economy, but US shale executives see little prospect of an imminent upturn in their business. US oil and gas firms plan to keep capital spending flat to slightly lower next year, according to a closely watched survey by the Federal Reserve Bank of Dallas, as the industry grapples with lower oil prices. Although activity edged lower in the fourth quarter, uncertainty grew and companies remained increasingly wary about future prospects in the poll of 131 executives from Texas, southern New Mexico and northern Louisiana that was carried out earlier this month. "Decreasing oil prices are making many of our firm's wells uneconomic," one exploration and production (E&P) executive said. "Capital efficiencies and returns drive our investment decisions," another respondent said. "If economic conditions worsen, drilling and completion activities will cease in 2026." The muted outlook for spending next year comes as producers have adopted a wait-and-see approach in recent months, given an increasingly uncertain macro backdrop, with crude prices trading near four-year lows this week on fears of global oversupply. A number of shale operators have posted higher-than-expected production this year. At the same time, spending has come in below expectations as drilling operations become more efficient, a trend UK bank Barclays says could be repeated in 2026. The executives who took part in the Dallas Fed survey gave varied responses when asked about their spending plans for next year depending on their size. Large producers — or those with output of 10,000 b/d or more — were more likely to say they expect capital expenditure to remain close to this year's levels. The most selected response among smaller firms — with production under 10,000 b/d — was for a slight increase. Although there are more small firms in the US, the larger companies account for more than 80pc of total US output. When asked about the oil price they were using for capital planning in 2026, the average response among executives was $59/bl for WTI. That was down from the $68/bl average price for the US benchmark that firms planned to use this year. The Dallas Fed said it was not necessarily a surprise that companies were not planning to trim spending further given weaker oil prices. Capital-intensive care "Oil and gas is a capital-intensive business," the bank's senior business economist, Kunal Patel, said. "It takes a lot of money to sustain the wells, even to keep production flat, and so that's why I don't think you're seeing as many people looking to significantly cut." Also, the prices that companies are using to plan next year's budgets are not too far from current breakeven levels. And producers may yet respond with deeper cuts to spending if prices tumble again. Oil and natural gas production was relatively unchanged in the fourth quarter, the survey showed, while costs rose at a slower pace than in the previous three months. "While oil prices have not been low enough this quarter to force a substantial cutback in activity, they were not high enough to support any growth either," Dallas Fed assistant vice-president Michael Plante said. In its annual E&P spending survey, Barclays expects upstream capital expenditure in North America to fall by 5pc in 2026, on lower US activity, reduced reinvestment ratios, and the impact of drilling and well completion efficiencies. That would mark its third consecutive annual decline. Barclays also revised down this year's upstream spending forecast to a decline of 5pc, from an initial estimate of a 3pc drop. The change was driven by further US rig count losses after Opec+ started to ramp up supplies, as well as the hit from Trump's tariff wars. By Stephen Cunningham Send comments and request more information at feedback@argusmedia.com Copyright © 2025. Argus Media group . All rights reserved.

Australia releases key IFLM carbon method draft

25/12/22

Australia releases key IFLM carbon method draft

Sydney, 22 December (Argus) — The Australian government today released the exposure draft for the long-awaited Integrated Farm and Land Management (IFLM) carbon credit method ahead of a public consultation starting in late January. The draft method includes the regeneration of native forest on suppressed land as a proposed eligible activity, meeting a key demand from carbon project developers, but it excludes a previously planned soil carbon module . The method's "framework" design will enable the addition of future activities, including improvements to soil, as well as updates to measurement approaches and carbon pools over time, the Department of Climate Change, Energy, the Environment and Water (DCCEEW) said on 22 December. The DCCEEW will allow two abatement-calculation approaches to estimate carbon stock change under the method, using Australia's Full Carbon Accounting Model (FullCam) — a model-only approach and a hybrid approach where modelled estimates are refined by measurements in the project. The hybrid approach will need to be legislatively drafted to be included in the final draft methodology determination. "The modular design enables more activities, technologies and carbon pools to be added over time, giving greater flexibility to land managers," the DCCEEW said. Three main activities The planned Australian Carbon Credit Unit (ACCU) method could be the first in the country to combine multiple activities that store carbon in the land on a single property. This aims to streamline participation and reduce the administrative burden compared with running multiple projects on the same land, the DCCEEW said. The module for regeneration of native forest on suppressed lands builds on the key human-induced regeneration (HIR) ACCU method, which expired in September 2023. But like the FullCam hybrid approach, it will require legislative drafting in 2026, as both components "are more complex than approaches already incorporated into the exposure draft". The method would also enable crediting of carbon from two modules which are already legislatively drafted — reforestation by environmental plantings, an activity with an existing method that was updated late last year , and regeneration of native forest on cleared lands, which is based on the expired native forest from managed regrowth (NFMR) method. Soil carbon is not in the draft because the Emissions Reduction Assurance Committee (Erac) — the statutory body responsible for ensuring the integrity of Australia's carbon crediting framework — is reviewing the Soil Organic Carbon 2021 method. This is because of the complexity of the review process , Erac chair Karen Hussey said last month. The outcomes of that review will inform the inclusion of a revised soil carbon module in the IFLM method in the future, the DCCEEW said. Contentious areas Uncertainties remained until recent weeks on whether a draft method would be submitted to Erac before the end of 2025. A summary paper of a stakeholder group meeting in September noted that some members had recommended postponing the IFLM method, as "a robust approach which clearly demonstrated integrity was more important than timelines". The inclusion of regeneration of native forest on suppressed land has proved to be a contentious issue. "There has been considerable research into the impacts of grazing management on the diverse ecosystems in Australia, including the different approaches to quantify the changes in vegetation, and in existing HIR projects," the DCCEEW said today. "Uncertainties remain and this issue is still an active area of research." But the IFLM draft settings provide confidence that the method is robust and that credited abatement is additional, as it will establish new eligibility criteria, require on-ground measurements and apply conservative abatement estimates in early project years, the DCCEEW noted. Projects will need to use the FullCam hybrid approach to estimate abatement for this activity module. This will reduce the potential for over-crediting or under-crediting abatement, particularly for lower-rainfall environments where there can be less certainty in attributing the regeneration to project activities. Projects will also need to have a low initial carbon stock at the start of their 25-year crediting period, and will need to achieve forest cover during that period. They will also have a baseline period of 20 years compared with 10 years for HIR projects. This is the time over which the project land area must not have had forest cover because of suppression mechanisms such as grazing pressure, chemical or mechanical destruction of regrowth, or the presence of non-native plants. Finally, the department is proposing to apply discounts when attributing carbon stock change to projects under that module, including a temporary 5-25pc attribution discount to address climate-related uncertainties. Existing HIR, NFMR or environmental plantings projects will be able to transfer their projects to become IFLM projects if they meet eligibility requirements in the final IFLM method. They will also be able to add additional land to the project area to undertake additional abatement activities. Consultation to start on 27 Jan The release of the draft method and other documents allows an early review of the material before a formal, 28-day consultation period starts on 27 January, the DCCEEW said today. Feedback will help Erac decide whether the method complies with Australia's offsets integrity standards and it will recommend it to assistant minister for climate change and energy Josh Wilson. The DCCEEW intends to provide a final IFLM methodology determination for Erac's consideration "in 2026", it said, without disclosing a specific timeline. By Juan Weik Send comments and request more information at feedback@argusmedia.com Copyright © 2025. Argus Media group . All rights reserved.

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