[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Proposed Rules]
[Pages 46335-46336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11424]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 /
Proposed Rules
[[Page 46335]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 175
[Doc. No. AMS-LP-24-0012]
RIN 0581-AE29
Greenhouse Gas Technical Assistance Provider and Third-Party
Verifier Program
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notification; request for information.
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SUMMARY: The U.S. Department of Agriculture (USDA) is seeking public
input to support the preparation of proposed regulations intended to
implement the Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Program (the Program), particularly related to the
criteria used to evaluate protocols and identification of specific
protocols that should be considered for inclusion in the Program. The
purpose of the Program is to facilitate farmer, rancher, and private
forest landowner participation in voluntary carbon markets. This
request for information provides an important step toward developing a
meaningful Program consistent with the Growing Climate Solutions Act
(GCSA).
DATES: Comments must be received by June 28, 2024 to be assured of
consideration.
ADDRESSES: Interested persons are invited to submit comments concerning
this document by either of the following methods:
Federal Rulemaking Portal: Go to https://www.regulations.gov and enter ``AMS-LP-24-0012'' in the Search field.
Select the Documents tab, then select the `Comment' button in the list
of documents. Comments should reference the document number and the
date and page number of this issue of the Federal Register.
Email: Please submit any email responses to
[email protected].
All comments submitted in response to this document will be
included in the record, will be made available to the public, and can
be viewed at: https://www.regulations.gov. Please be advised that the
identity of the individuals or entities submitting the comments will be
made available to the public on the internet at the address provided
above.
FOR FURTHER INFORMATION CONTACT: Sasha Strohm, Program Manager, at 202-
720-5705, or via email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
USDA is preparing to establish the Greenhouse Gas Technical
Assistance Provider and Third-Party Verifier Program (the Program),
authorized under the provisions of the Growing Climate Solutions Act
(GCSA), which was signed into law on December 29, 2022, as part of the
Consolidated Appropriations Act of 2023 (Pub. L. 117-328, div. HH,
title I, section 201). The purpose of the Program is to facilitate
farmer, rancher, and private forest landowner participation in
voluntary carbon markets.
In establishing the Program, USDA will (1) publish a list of, and
documents relating to, widely accepted protocols that are designed to
ensure consistency, reliability, effectiveness, efficiency, and
transparency of voluntary environmental credit markets; (2) publish
descriptions of widely accepted qualifications possessed by covered
entities that provide technical assistance to farmers, ranchers, and
private forest landowners; (3) publish a list of qualified technical
assistance providers and third-party verifiers; and (4) provide
information to assist farmers, ranchers, and private forest landowners
in accessing voluntary environmental credit markets.
Prior to publication of this request for information (RFI) and as
directed by the GCSA, USDA completed an analysis of voluntary carbon
markets and published a report, ``A General Assessment of the Role of
Agriculture and Forestry in U.S. Carbon Markets''.\1\ The report
concluded that voluntary carbon markets offer a promising tool to
achieve greenhouse gas (GHG) reductions from the agricultural and
forestry sectors. However, farmers, ranchers, and private forest
landowners face barriers to accessing voluntary carbon markets due to
market confusion, high costs, and project requirements. A full
discussion on how the Program will address barriers and facilitate
producer participation in voluntary carbon markets is available in the
report, ``USDA Intent to Establish the Greenhouse Gas Technical
Assistance Provider and Third-Party Verifier Program''.\2\
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\1\ https://www.usda.gov/sites/default/files/documents/USDA-General-Assessment-of-the-Role-of-Agriculture-and-Forestry-in-US-Carbon-Markets.pdf.
\2\ https://www.usda.gov/sites/default/files/documents/GCSA-JustificationReport.pdf.
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This RFI seeks public input on options for implementing the
Program. Specifically, USDA seeks input on (1) options for interpreting
and applying criteria used to evaluate protocols that are designed to
ensure consistency, reliability, effectiveness, efficiency, and
transparency; (2) information pertaining to specific protocols to be
evaluated for inclusion in the program; (3) qualifications needed by
covered entities who serve as technical assistance providers to
farmers, ranchers, or private forest landowners; and (4) qualifications
needed by covered entities who serve as third-parties who conduct
verification of processes described in protocols for voluntary
environmental credit markets. The information obtained will be
considered in determining the next step, which could include a proposed
rule.
II. Request for Information
Commenters should refer to specific question numbers in their
responses.
Question 1: How should USDA define the terms ``consistency,''
``reliability,'' ``effectiveness,'' ``efficiency,'' and
``transparency'' (see 7 U.S.C. 6712(c)(1)(A)) for use in protocol
evaluation?
Question 2: What metrics or standards should USDA use to evaluate a
protocol's alignment with each of the five criteria to be defined in
Question 1? What should USDA consider as minimum criteria for a
protocol to qualify for listing under the Program?
Question 3: In general, after a new protocol is published, how long
does it take for a project to use the protocol and be issued credits
(i.e., what is the lag
[[Page 46336]]
time between protocol publication and first credit generation)?
Question 4: Which protocol(s) for generating voluntary carbon
credits from agriculture and forestry projects should USDA evaluate for
listing through the Greenhouse Gas Technical Assistance Provider and
Third-Party Verifier Program?
Question 5: For any protocol(s) identified under Question 4:
(a) Has the protocol resulted in the generation and sale of
credits? If yes, when was the most recent year and volume of credit
generation and retirement? If not, is there evidence that the protocol
will generate credits (e.g., projects are under development)?
(b) What is the average size (in acres, hectares, or another
relevant unit) of projects using the protocol?
(c) What is the average credit issuance per unit land area (acre or
hectare) for projects using the protocol, inclusive of credits that are
contributed to a buffer pool?
(d) Does the protocol reduce the cost, paperwork, and/or reporting
burden for smaller, diversified, or underserved farmers, ranchers, or
private forest landowners, while maintaining reliability of offsets? If
yes, how?
(e) Does the protocol allow multiple entities to aggregate into a
single project? If yes, what are the parameters for aggregation and is
there evidence that aggregation has successfully occurred?
(f) Does the registry administering the protocol use a fee
structure that allows for aggregated entities to pay a single project
fee, or does each entity need to pay a project fee?
(g) What are the verification requirements in the protocol,
including recordkeeping requirements?
(h) Does the protocol require on-site verification? If yes, does
the protocol require 100% on-site verification, or does the protocol
specify a procedure for determining an on-site verification sample
group? What is required as part of the on-site verification? Does the
protocol allow remote verification methods/technologies (e.g., remote
sensing)?
(i) Does the protocol include a risk management approach for
determining which data inputs or project sites are required for third-
party verification? If yes, what does the risk management approach
require?
(j) Does the protocol allow for simplified measurement, monitoring,
reporting, and verification (MMRV) processes? If yes, are there
requirements or restrictions for using the simplified MMRV processes?
(k) What quantification methodology(ies) does the protocol require
for quantification of emissions reductions and/or removals? What
scientific evidence is available to support these methodologies?
(l) For protocols where models are required to quantify emissions,
is there a process for model review and approval prior to use by
prospective projects? Can approved models be used by any project or are
they specific to a project developer?
(m) If models are allowed for quantification of emissions
reductions, are models required to have gone through scientific review,
parameterization, calibration, and validation to demonstrate
performance for the practices on the relevant crops and/or species in
the geography of the project? Does the protocol provide clear guidance
on where eligible models can be applied?
(n) What does the protocol require or allow for determining a
project baseline?
(o) How does the registry administering the protocol restrict the
potential double counting of credits?
(p) Does the protocol require projects to quantify and report
uncertainty associated with greenhouse gas calculations?
(q) Has the protocol generated credits which were later cancelled
due to issues of credit integrity or validity?
(r) For project categories where reversals (i.e., the intentional
or unintentional release of sequestered carbon for which credits have
been issued) are possible, does the protocol contain procedures to
maintain net GHG impact?
(s) Where is information about the protocol made publicly
available?
Question 6: How should USDA evaluate technical assistance providers
(TAP)? What should be the minimum qualifications, certifications, and/
or expertise for a TAP to qualify for listing under the Program?
Question 7: Should the qualifications and/or registration process
be different for entities and individuals that seek to register as a
TAP?
Questions 8: What should be the minimum qualifications and
expertise for a third-party verifier to qualify for registration under
the Program?
(Authority: Pub. L. 117-328, div. HH, title I, section 201)
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-11424 Filed 5-28-24; 8:45 am]
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