Clean Power Plan Proposed Rule
EPA is seeking comment on the proposed Clean Power Plan for existing power plants. Proposed on June 2, 2014, the plan aims to cut carbon emissions from the power sector by 30 percent nationwide below 2005 levels by 2030. It also aims to cut particle pollution, nitrogen oxides and sulfur dioxide by more than 25 percent as a co-benefit. The plan will be implemented through a state-federal partnership under which states identify a path forward using either current or new electricity production and pollution control policies to meet state-specific goals. States can choose the right mix of generation using diverse fuels, energy efficiency and demand-side management. Comments must be received by October 16.
Regulations for the Control of Outdoor Wood-Fired Boilers
The U.S. Environmental Protection Agency is proposing to approve two revisions to the Allegheny County portion of the Pennsylvania state implementation plan. The revisions were submitted on January 15, 2014, by the Pennsylvania Department of Environmental Protection and consist of regulations for the control of Outdoor Wood-Fired Boilers (OWBs) and related definitions.
OWBs are designed to burn clean wood or other solid fuels to heat homes, buildings, water (including swimming pools or hot tubs), and provide heat for agricultural activities. Smoke from OWBs can contain fine particulates, carbon monoxide and other pollutants, including formaldehyde, benzene and aromatic hydrocarbons. Fine particulate pollution can impair lung function and aggravate asthma, lung disease or heart disease.
The SIP revisions include certain “health enhancing” changes that are specific to Allegheny County, including an increased setback requirement, additional stack height requirements, use restrictions on Air Quality Action Days and additional reporting requirements.
Published rule can be found here: http://www.gpo.gov/fdsys/pkg/FR-2014-08-05/html/2014-18493.htm
Written comments must be received on or before September 4, 2014.
New Source Performance Standards for Stationary Combustion Turbines (“Turbines NSPS”)
The EPA is proposing to update the New Source Performance Standards for turbines at electric generation facilities for administrative efficiency and to expand what kinds of turbines are covered by some pollutant emission limits. The agency also is rethinking how a turbine is considered “reconstructed” in order to get around accounting and repair problems that occur when turbines are remanufactured after several years of use.
Reciprocating Internal Combustion Engine National Emission Standards for Hazardous Air Pollutants (“RICE NESHAP”)
The EPA recently proposed changes to the RICE NESHAP that would exempt many engines at natural gas compressor stations in rural areas from requiring basic pollution control equipment. The agency also proposed expanding the amount of time low-efficiency, high-polluting diesel emergency generators could operate when necessary for power grid management and reliability.
Hydraulic Fracturing Chemicals and Mixtures
In its response to a citizen petition submitted under Section 21 of the Toxic Substances Control Act (TSCA), EPA indicated it would convene a stakeholder process to develop an approach to obtain information on chemical substances and mixtures used in hydraulic fracturing. To gather information, the Agency is issuing this advance notice of proposed rule making and initiating a public participation process to seek comment on the information the should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. This mechanism could be regulatory, voluntary, or a combination of both and could include best management practices, third-party certification and collection, and incentives for disclosure of this information. In addition, the Agency is seeking comment on ways of minimizing reporting burdens and costs and of avoiding the duplication of state and other federal agency information collections, while maximizing data available for EPA risk characterization, external transparency and public understanding. Also, EPA is soliciting comments on incentives and recognition programs to support the development and use of safer chemicals in hydraulic fracturing. Comments must be received on or before August 18, 2014. Submit your comments by docket information (ID) number EPA-HQ-OPPT-2011-1019 here: http://www.regulations.gov. Or mail to Document Control Office (7407M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, D.C., 20460-0001.
Clean Air Act
The Clean Air Act is the law that defines EPA’s responsibilities for protecting and improving the nation’s air quality and stratospheric ozone layer. The EPA sets limits on certain air pollutants and determines how much can be in the air anywhere in the U.S. The EPA also has the authority to limit emissions of air pollutants coming from sources like chemical plants, utilities and steel mills. Individual states or tribes may have stronger air pollution laws, but they may not have weaker pollution limits than those set by EPA.
National Ambient Air Quality Standards (NAAQS)
The Clean Air Act requires EPA to set National Ambient Air Quality Standards for pollutants considered harmful to public health and the environment. These standards set limits to protect public health, including the health of “sensitive” populations such as asthmatics, children and the elderly. They also protect public welfare, including protection against decreased visibility, damage to animals, crops, vegetation and buildings.
Acid Rain Program
Uses a combination of traditional requirements and a market-based cap and trade program to reduce power plant emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2), which contribute both to acid rain and to fine particle formation.
National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units (“Utility MACT” or “MATS”)
More than 20 years after the 1990 Clean Air Act Amendments, some power plants still don’t control emissions of toxic air pollutants despite the wide availability of control technology. The Mercury and Air Toxics Standards (MATS)—finalized by the EPA in February 2012—set the first-ever power plant standards for mercury, acid gases and non-mercury metallic toxic pollutants. The MATS cover about 1,400 coal- and oil-fired electric generating units at 600 power plants, which will have up to four years to comply. The D.C. Circuit Appeals court ruled in favor of the standards in April 2014.
Cross-State Air Pollution Rule (CSAPR)/Clean Air Interstate Rule (CAIR)
The Clean Air Act mandates that sources in one state cannot interfere with attaining pollution standards in another. To resolve this issue, on July 6, 2011, the U.S. EPA finalized the Cross-State Air Pollution Rule (also known as the “Transport Rule”) that requires 28 states—including Pennsylvania—to reduce power plant emissions of sulfur dioxide (SO2) and nitrogen oxide (NOx) that contribute to air pollution in states downwind. In August 2012, the U.S. Court of Appeals for the D.C. Circuit struck down CSAPR, leaving the Clean Air Interstate Rule (CAIR) in place while the EPA goes back to the drawing board. CAIR is a 2005 multi-state cap and trade program also intended to reduce interstate transport of SO2 and NOx, but would not result in as deep reductions in S02 in our region. The EPA filed a petition on October 5, 2012 seeking a rehearing of the CSAPR ruling. On April 29, 2014, the U.S. Supreme Court issued a decision reversing the Court of Appeals and upholding CSAPR.
Clean Air Standards for Harmful Soot Pollution
In response to a court order, the U.S EPA in December 2012 tightened its national air quality standards for harmful fine particle pollution, including soot (known as PM 2.5). These microscopic particles can penetrate deep into the lungs and have been linked to premature death, heart attacks, stroke, and aggravated asthma. The new soot limit strengthens the annual health standard for PM2.5 to 12 micrograms per cubic meter; it replaced a 1997 annual standard of 15 micrograms per cubic meter.
Oil and Natural Gas Sector New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and Control Techniques Guidelines (“Oil & Gas NESHAP/NSPS”)
This package of rules has been revised in light of the broad expansion of unconventional shale gas drilling. New performance standards restrict the amount of pollution oil and gas equipment is allowed to emit. New technology requirements were mandated for most aspects of oil and gas drilling and production, including drilling equipment, green completions for wells and compressor stations that move natural gas. These rules, if they survive challenges in court, promise to reduce air pollution from natural gas production in unconventional shale formations.