Parties holding or considering purchasing ozone depleting substances (ODS) credits issued for projects that took place at the Clean Harbors Incineration Facility in El Dorado, Arkansas should be cognizant of a current review by the California Air Resources Board (ARB) and are strongly advised to not engage in any transactions with those credits until the review is complete.

On May 29, ARB issued a notice regarding ARBOCs issued to ODS projects that took place at the Clean Harbors Incineration Facility.  While ARB believes the GHG reductions from those projects are real, quantified and verified, it is reviewing whether the facility was not in compliance with provisions of its operating permit issued under the federal Resource Conservation and Recovery Act (RCRA).  The notice advises the review process could take 55 days.  To aid in the review, involved parties may submit information and ARB may request additional information during the next 25 calendar days.  After all information is received, the ARB Executive Officer has 30 calendar days to make a final determination regarding the invalidation of the credits under review.

Questions about ARB’s review should be directed to ARB.  Questions about the Reserve’s actions and CRTs it has issued to affected ODS projects can be directed to Kristen Gorguinpour at [email protected] or Katy Young at [email protected].