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Federal News
Friday, August 27, 2010
The U.S. Environmental Protection Agency (EPA) is preparing to initiate a Clean Air Act (CAA) Section 114 request for pulp and paper mills related to reviewing the industry’s New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) emission standards. The three federal emission standards that are the subject of this information collection include:Standards of Performance for Kraft Pulp Mills (40 CFR part 60, subpart BB)National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry (40 CFR part 63, subpart S)National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at ...
Friday, August 13, 2010
This summer, EPA proposed several updates to the GHG Mandatory Reporting Rule (40 CFR Part 98). This activity is consistent with EPA’s stated intention to issue amendments and re-propose subparts (i.e., those subparts that were initially reserved upon finalization of the rule last October) by the end of 2010.June 15, 2010 RevisionsOn May 27, 2010, the EPA Administrator signed a proposed rule that includes technical and editorial corrections and clarifying amendments to the MRR. These revisions were published in the Federal Register on June 15, 2010 and, in general, do not change the overall requirements of the rule. Rather, these ...
Friday, July 09, 2010
On June 2, 2010 the U.S. EPA established a new 1-hour primary National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SO2). The new 1-hour standard was set at the level of 75 parts per billion (ppb) calculated as the three-year average of the 99th percentile of the annual distribution of daily maximum 1-hour average concentrations. With the establishment of the new 1-hour SO2 standard, the EPA also revoked the two previous primary standards of 140 ppb (24-hour standard), and 30 ppb (annual standard) because they will not provide additional public health protection given a 1-hour standard at 75 ppb. ...
Thursday, July 01, 2010
On June 4, 2010, the U.S. EPA proposed updates to the Standards of Performance for New Stationary Sources (NSPS) for Commercial and Industrial Solid Waste Incineration (CISWI) Units (NSPS Subpart CCCC) and Emission Guidelines (EG) for Existing CISWI Units (EG Subpart DDDD), collectively referred to as the "CISWI Rules." In order to describe the proposed updates to the CISWI Rules, it is necessary to review the timeline of important EPA and court decisions surrounding the CISWI Rules.EPA adopted NSPS and EG for CISWI units on December 1, 2000 (2000 CISWI Rules). In 2001, the United States Court of Appeals for ...
Thursday, July 01, 2010
On June 4, 2010, U.S. EPA proposed National Emission Standards for Hazardous Air Pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters at both major and area sources of hazardous air pollutants (HAP) emissions. EPA proposed separate rules for units at major sources of HAP emissions (greater than 10 tons per year [tpy] of any single HAP and/or greater than 25 tpy of total HAP) and area sources of HAP emissions (less than 10 tpy/25 tpy). The Maximum Achievable Control Technology (MACT) standards for units at major sources are found in 40 CFR 63 Subpart DDDDD, while the ...
Thursday, July 01, 2010
Environmental managers are currently facing the perplexing challenge of trying to anticipate how greenhouse gas (GHG) emissions will be regulated and to constitute an appropriate compliance strategy for their organizations. The U.S. EPA recently promulgated the PSD and Title V GHG Tailoring Rule which will impose GHG permitting requirements on existing major sources with major modifications and certain new major sources. In order to develop an appropriate response strategy, environmental managers must understand the permitting requirements and the potential impacts to operations.After receiving nearly a half-million public comments on the subject, on May 13, 2010, EPA finalized an approach for ...
Thursday, July 01, 2010
When the Boiler MACT rule was vacated in 2007, one key element in the court challenge was that many non-fossil fuel materials burned in industrial boilers should be classified as solid wastes and regulated accordingly. Along with the recently proposed Boiler MACT and rules for commercial/industrial/solid waste incinerators (CISWI), EPA proposed criteria to determine whether non-hazardous secondary materials (NHSM) qualify as solid waste. Under the proposal, “solid waste incineration units” are defined as units which burn “any solid waste material from commercial or industrial establishments.”The proposed criteria for determining solid waste status include the whether the material:Is a traditional fuelWas ...
Thursday, July 01, 2010
On February 9, 2010, the U. S. Environmental Protection Agency (EPA) established a new National Ambient Air Quality Standard (NAAQS) for nitrogen dioxide (NO2). The new NO2 NAAQS is a one-hour standard set at 100 parts per billion (ppb), which is approximately 188 micrograms per cubic meter (μg/m3). Effective on April 12, 2010, the new one-hour standard is intended to protect against peak exposures to NO2, particularly from mobile source emissions associated with major roadways. Even though the new standard is intended to protect against peak exposures from mobile sources, the new standard has significant impacts on industrial point source ...
Friday, June 11, 2010
On May 25, 2010, the U.S. EPA proposed revisions to the Standards of Performance for Stationary Compression Ignition (CI) and Spark Ignition (SI) Internal Combustion Engines (NSPS IIII and NSPS JJJJ). The proposed revisions address comments received related to current NSPS IIII and NSPS JJJJ requirements and incorporate recently promulgated standards for new marine engines into the standards for similar new stationary engines. The most notable changes outlined in the proposed rule include the following: Proposal of more stringent standards for CI engines with displacements greater than or equal to 10 liters/cylinder and less than 30 liters/cylinderRevisions to NSPS IIII requirements ...
Friday, May 14, 2010
Sign up to receive Tailoring Rule updates. After receiving nearly a half-million public comments on the subject, on May 13, 2010, EPA finalized an approach for tailoring Clean Air Act permitting programs to address greenhouse gas (GHG) emissions - the so-called PSD and Title V GHG Tailoring Rule. The final rule, published in the Federal Register on June 3rd (75 FR 31514), is intended to limit permitting requirements initially to only large utility and industrial sources that account for an estimated 70 percent of GHG emissions from all stationary sources. The regulation will be implemented in phases with the ...
Wednesday, May 05, 2010
On April 29, 2010, EPA proposed three related rules (with final rules expected by December 16, 2010), intended to reduce the emission of hazardous air pollutants (HAPs) from industrial, commercial, and institutional boilers and process heaters as well as commercial and industrial solid waste incinerators. Simultaneously, it also proposed a definition of solid waste that could potentially affect some units currently considered boilers, by moving them into the category of solid waste incinerators. These actions replace the national emission standards for new and existing boilers and process heaters that was previously promulgated in 2004 and vacated by the court in 2007. The ...
Monday, April 05, 2010
On February 17, 2010, EPA finalized portions of the National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE NESHAP). The rule was promulgated into the existing RICE standards located in 40 CFR Part 63, Subpart ZZZZ on March 3, 2010. The newly incorporated standards were originally proposed on February 25, 2009 and apply only to stationary RICE. The proposed standards included provisions for RICE located at area sources of hazardous air pollutants (HAPs) and RICE with a site rating of ≤ 500 brake horsepower (bhp) located at major sources of HAPs. In addition, the proposal included ...
Monday, April 05, 2010
Many organizations are required to report greenhouse gas (GHG) emissions to the U.S. EPA mandated by the Mandatory Reporting Rule (MRR). Effective December 29, 2009, large sources and suppliers in the United States will begin collecting data on January 1, 2010 and report GHG emissions to EPA by March 31, 2011. Similar to the EPA MRR, many states also have mandatory reporting requirements. The map below summarizes the current status of different state level GHG reporting requirements (reference: PEW Center on Global Climate Change, July 25th, 2009). The purpose of this article is to summarize verification requirements in the U.S. ...
Monday, April 05, 2010
EPA’s GHG Tailoring Rule and Senate ActionOn October 27, 2009, EPA published the Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas (GHG) Tailoring Rule in the Federal Register, followed by a 60-day public comment period that ended on December 28, 2009. The proposed rule represents EPA’s effort to decrease the number of sources subject to major source permitting for GHGs under the Clean Air Act (CAA). On April 1, 2010, EPA finalized a light duty vehicle rule addressing GHGs, immediately making GHGs regulated pollutants under the Clean Air Act at the existing major source thresholds of 250/100 tons ...
Monday, April 05, 2010
As a result of recent leak detection and repair (LDAR) audits and the associated issues (as described in the Winter 2009 issue of Environmental Quarterly), EPA is initiating enhanced LDAR programs as part of the most recent consent decrees.1 The enhanced LDAR programs for chemical facilities are more stringent than the enhanced LDAR previously required for the petroleum refining industry. Starting in 2000, refineries were required by consent decrees to implement enhanced LDAR programs. Although enhanced LDAR programs include many elements, three main elements of the refinery enhanced LDAR are as follows:Leak definitions were lowered from NSPS VV levels (e.g., ...
Tuesday, March 23, 2010
The proposed PSD/Title V Tailoring Rule was issued in September 2009 in order to avert a situation in which major source thresholds of 100/250 tpy would apply to stationary sources once EPA issues the planned Light Duty Vehicle (LDV) regulations later this month. The strategy was to raise the major source threshold to 25,000 tons per year for CO2e and set the major modification threshold at 10,000 to 25,000 tons per year of CO2e, which would avoid “absurd results” where state agencies must permit an inordinate number of PSD and Title V applications in a potentially short period of time. ...
Friday, March 12, 2010
Two memorandums posted by the U.S. EPA on its Support Center for Regulatory Atmospheric Modeling (SCRAM) website on February 25th and 26th have caused a stir in the regulated community given their implications for facilities that are or will be conducting modeling to demonstrate compliance with the existing PM2.5 NAAQS, the newly promulgated 1-hour NO2 NAAQS (which takes effect April 12, 2010), or the expected 1-hour SO2 NAAQS (due to be finalized later this summer). In response, the Air & Waste Management Association’s AB-3 Meteorology Committee submitted a letter to EPA on March 12, 2010 providing a detailed review of ...
Wednesday, February 10, 2010
On January 22, 2010, the EPA established a new one-hour National Ambient Air Quality Standard (NAAQS) for Nitrogen Dioxide (NO2) at 100 parts per billion (ppb) (approximately 189 ug/m3). The new 1-hour standard is calculated as the three-year average of the 98th percentile of daily maximum one-hour average concentrations of NO2. Studies have shown increases in respiratory symptoms and hospital visits related to short-term exposure to high levels of NO2. The new 1-hour NO2 standard is a primary standard which aims to protect public health associated with short-term exposure to NO2 including respiratory effects. The EPA is separately reviewing the ...
Friday, January 08, 2010
On Jan. 6, 2010, EPA proposed to further lower the 8-hour primary ozone standard from .075 ppm, set in 2008, to a level within the range of .060 - .070 ppm to protect public health. EPA is also proposing a new cumulative, seasonal secondary standard, to protect sensitive vegetation and ecosystems, within the range of 7-15 ppm-hours. Because the 2008 standards were not as restrictive as was recommended by the Clean Air Scientific Committee (CASAC), EPA elected to reconsider the standards and follow CASAC’s recommendations. Once the standards are published in the Federal Register, EPA will accept public comment for ...
Wednesday, December 30, 2009
Leak detection and repair (LDAR) programs are required as part of the standards established in 40 Code of Federal Regulations (CFR) 60 (NSPS), 40 CFR 61 (NESHAP), 40 CFR 63 (MACT), and 40 CFR 264 (Hazardous Waste Handling). An LDAR program is a facility’s system of procedures used to locate and repair leaking components (e.g., valves, pumps, connectors, compressors, and agitators) to minimize fugitive volatile organic compounds (VOC) and hazardous air pollutants (HAP) emissions. To verify minimization of VOC and HAP emissions, the U.S. EPA has been conducting audits and pursuing enforcement actions in the petroleum refining and chemical manufacturing ...
Wednesday, December 30, 2009
While the national unemployment remains stubbornly high, around 10% at this writing, there are interesting employment opportunities for EH&S professionals who are flexible, have critical skills, and who stand out. According to Janet Pankajakshan, VP of On Demand Environmental, a division of Trinity Consultants that provides EH&S staffing services, “it’s a challenging, yet interesting time in the marketplace. There are definitely great jobs available in great companies for EH&S professionals that have the needed skill sets. Equally exciting, though, is the growing number of contract positions that offer a unique opportunity for employer and candidate to ‘try before you buy’.” ...
Wednesday, December 30, 2009
In anticipation of the promulgation of Clean Air Act (CAA) regulations to control greenhouse gas (GHG) emissions, EPA published the proposed PSD and Title V GHG Tailoring Rule. The proposed GHG Tailoring Rule was published in the Federal Register on October 27, 2009 and has a 60-day public comment period; thus comments are due by December 28, 2009. The proposed GHG Tailoring Rule attempts to reduce the number of sources that would exceed major source thresholds of GHG emissions under the PSD and Title V permitting programs. The potential impacts of this ruling are far-reaching and could significantly expand the ...
Wednesday, December 30, 2009
Why an EMS Approach?With increased pressure to address energy and climate change issues, many organizations are leveraging their environmental management system (EMS) as an important mechanism for implementing energy efficiency initiatives. This phenomenon is not entirely new. The EMS approach has frequently been used across a broad array of sectors to facilitate energy improvements. But new drivers related to energy reduction and greenhouse gas management are causing an even stronger focus on energy efficiency in the context of an EMS.When companies begin examining how to improve energy efficiency, they quickly realize that some energy solutions are technological or design-oriented, while ...
Wednesday, December 30, 2009
On August 12, 2009, EPA created a significant stir in the regulated community when it issued an order that signals a significant shift in how the agency intends particulate matter with a diameter less than 2.5 micrometers (PM2.5) emissions to be regulated under the Prevention of Significant Deterioration (PSD) program. The order specifically applied to petitions filed by environmental groups requesting that EPA object to PSD/Title V permits issued by the Kentucky Division for Air Quality (KDAQ) to Louisville Gas and Electric Company (LG&E) for construction and operation of a new coal-fired electric generating unit (EGU) at the Trimble County ...
Thursday, December 10, 2009
On November 20, 2009, EPA made public some interesting charts that show how SO2 emissions from coal-fired power plants have changed since the Acid Rain Program was established under the 1990 Clean Air Act Amendments. The interactive motion charts in particular are worth a look as they paint a very clear picture of just how much SO2 emissions have come down. More information is available by clicking here.
Thursday, December 10, 2009
An update to the AERMOD dispersion model was released by EPA on October 23, 2009. This new release, version 09292, contains a number of modifications and enhancements to the previous version (07026). A detailed list of changes can be found in the latest Model Change Bulletin (MCB) available for download from Trinity's BREEZE Website at breeze-software.com/aermodepa. The list of enhancements includes the following:Additional options to vary emissions by hour-of-day and day-of-week Improved efficiency of allocating array storage Option to specify hourly varying release height and initial dispersion coefficients for volume and area sources Increased maximum filename length to 200 characters ...
Thursday, December 10, 2009
On December 7, 2009, EPA Administrator Lisa Jackson signed two important findings, clearing the way for EPA to regulate greenhouse gases under the Clean Air Act. The "Endangerment Finding" clarifies EPA's belief that current and projected concentrations of six key greenhouse gases in the atmosphere pose a threat to human health and welfare. Further, the "Cause or Contribute Finding," associates the emissions of the six named GHGs from motor vehicles with the threat to public health and welfare. These actions enable EPA to move forward with the September 15, 2009 proposed GHG emissions standards for light duty vehicles, which will ...
Wednesday, December 09, 2009
On Dec. 7, U.S. EPA Administrator Lisa Jackson signed two important findings, clearing the way for EPA to regulate greenhouse gases under the Clean Air Act. The “Endangerment Finding” clarifies EPA’s belief that current and projected concentrations of six key greenhouse gases in the atmosphere pose a threat to human health and welfare. Further, the “Cause or Contribute Finding,” associates the emissions of the six named GHGs from motor vehicles with the threat to public health and welfare. These actions enable EPA to move forward with the Sept. 15, 2009 proposed GHG emissions standards for light duty vehicles, which will ...
Wednesday, December 09, 2009
On December 8, 2009, EPA officially proposed revisions to the primary SO2 standard to a level between 50 and 100 parts per billion (ppb) measured over 1-hour. This proposed primary NAAQS is based on a three-year average of the annual 99th percentile (or 4th highest) of 1-hour daily maximum concentrations. EPA is also proposing to revoke the current 24-hour and annual primary SO2 standards (because it anticipates that the new proposed 1-hour standard would better protect public health) as well as maintain the current 24-hour and annual standards. The proposed changes would not impact the SO2 secondary 3-hour standard. EPA ...
Tuesday, November 10, 2009
On Oct. 8, EPA made new "final" area designations for the 2006 24-hour PM2.5 NAAQS (based on 2006-2008 data). The original "final" designations were made in December, 2008 (based on 2005-2007 data), but the new EPA wanted to review them before going final again. EPA has designated 31 areas as nonattainment (down from 58, after consideration of the 2008 air quality data) and several additional areas as potentially nonattainment based on possible violations. States that contain areas designated as non-attainment must submit SIPs within three years to describe their plans to achieve attainment, using the SIP requirements for the 1997 PM2.5 NAAQS ...
Tuesday, November 10, 2009
On March 12, 2008, EPA revised the National Ambient Air Quality Standard for ozone, lowering the primary 8-hour standard from 84 ppb to 75 ppb and setting the secondary 8-hour standard identical to the primary standard. Challenges were filed by the State of Mississippi and industry groups claiming the new standard was too stringent, and by other states and environmental advocacy groups claiming that EPA and the Bush administration did not act on the recommendations of the Clean Air Scientific Advisory Committee (as required by the Clean Air Act) to lower the primary standard to 70 ppb. On March 10, ...
Tuesday, November 10, 2009
The US EPA published the Mandatory Reporting of Greenhouse Gases Rule in the Federal Register on October 30. What does this mean for your facility and how can you best prepare for compliance?Now that the rule has been printed in the Federal Register, key compliance dates have been established. The rule becomes effective 60 days after promulgation - on December 29, 2009 - and facilities should be aware of the following key dates:January 1, 2010 - Start collecting data to calculate your 2010 GHG emissions inventory January 28, 2010 - Deadline for submitting application to extend use of best available ...
Monday, November 02, 2009
The following is a partial list of regulatory actions that appeared in the October Federal Register.10/2/09 74FR50962 Notice of annual adjustment for excess emissions penalties under the Acid Rain Program. 10/5/09 74FR51148 Notice of extended comment period until 11/9/09 for public comment on two draft documents, "Risk Assessment to Support the Review of the PM Primary National Ambient Air Quality Standards--External Review Draft" and "Particulate Matter Urban-Focused Visibility Assessment--External Review Draft." 10/6/09 74FR51367 Final rule responding to the Court's 3/2/99 remand of the NSPS and emissions guidelines for hospital/medical/infectious waste incinerators (HMIWI) and satisfying the CAA requirement for a review of the standards ...
Thursday, October 01, 2009
Despite challenging economic circumstances, environmental compliance is a business obligation that cannot be ignored. However, regulatory compliance is not the only aspect of environmental management that should be considered. Careful environmental management is a growing concern among consumers and the public image of a company is greatly influenced by how the company handles its environmental responsibilities. In virtually all organizations, there are also opportunities to improve efficiency by analyzing and streamlining environmental information management. One possibility for addressing all of these issues and adding value to the company is through the implementation of an EH&S management information system (EMIS).Benefits of ...
Thursday, October 01, 2009
Over the past year, Trinity assisted a chemical company with the permitting and installation of a new 220 MMBtu/hr package boiler. The new natural gas-fired boiler replaces coal-fired units that were installed in the 1940s. Navigating through the numerous, and at times conflicting, regulatory requirements applicable to such a unit has been challenging. With careful planning and implementation, the project resulted in a successful and compliant start-up of the new unit. Project BackgroundFor more than 60 years, steam needed for process and comfort heating, as well as electricity generation at the facility, was provided by boilers primarily fired by coal ...
Thursday, October 01, 2009
As recommended in Appendix W of 40 Code of Federal Regulations (40 CFR) Part 51 (Guideline on Air Quality Models), the CALPUFF modeling system has been widely used for long-range transport dispersion modeling analyses, especially for applications related to Class I Area analyses (e.g., regional haze evaluation and Class I Prevention of Significant Deterioration (PSD) increment analysis). As U.S. EPA, Federal Land Managers (FLMs), and state agencies have become more knowledgeable on the use of CALPUFF for Class I Area impact analyses, regulators have made case-by-case determinations regarding when analyses are required and what user-defined model inputs are appropriate. However, ...
Thursday, October 01, 2009
The National Emission Standards for Hazardous Air Pollutants (NESHAP), codified in 40 Code of Federal Regulations (CFR) Part 63, set emission standards and monitoring, recordkeeping, and reporting requirements for specific source categories that emit HAPs. NESHAP Subpart A, the General Provisions, includes general requirements for NESHAP subject facilities, including provisions for startup, shutdown, or malfunction (SSM) events. Subpart A previously stipulated that facilities minimize emissions during SSM events but did not require that the emission source achieve emission levels (during SSM events) that are required by the relevant NESHAP Subpart during normal operation.1 This allowance during SSM events is also ...
Thursday, October 01, 2009
Trinity Consultants was recently approved as an accredited verification body by the California Air Resources Board (ARB) to perform verification of greenhouse gas (GHG) reporting under the California Global Warming Solutions Act of 2006 (AB 32). Under the regulation, affected organizations must measure, calculate, report, and verify their GHG emissions if they are in affected industry sectors (cement, electricity, petroleum refineries, cogeneration, and hydrogen plants) or if they are a general stationary combustion source that generates at least 25,000 metric tons of CO2 in a calendar year.AB 32 requires that affected organizations have their GHG reports verified by accredited verifiers. ...
Thursday, October 01, 2009
Under the new administration, EPA continues to blaze a new trail, as evidenced by these late-breaking developments:EPA signed the hospital/medical/infectious (HMI) rule on September 15, 2009. While technically an NSPS/Emission Guideline under Part 60, this rule is derived from Section 129 of the Clean Air Act and is a MACT-like regulation. As such, this rule represents the second MACT issued under the new EPA leadership (the first was the Portland Cement area source MACT) and provides a chance to assess the likely processes EPA may use in setting future standards under the Boiler MACT and other pending MACTs.On September 24, ...
Thursday, October 01, 2009
On March 12, 2008, EPA revised the National Ambient Air Quality Standard for ozone, lowering the primary 8-hour standard from 84 ppb to 75 ppb and setting the secondary 8-hour standard identical to the primary standard. Challenges were filed by the State of Mississippi and industry groups claiming the new standard was too stringent, and by other states and environmental advocacy groups claiming that EPA and the Bush administration did not act on the recommendations of the Clean Air Scientific Advisory Committee (as required by the Clean Air Act) to lower the primary standard to 70 ppb.On March 10, 2009, ...
Thursday, October 01, 2009
On June 8, 2007 the National Emission Standard for Hazardous Air Pollutants for Industrial, Commercial and Institutional Boilers and Process Heaters/Indirect Heat Exchangers (Boiler MACT) was vacated by the U.S. Court of Appeals for the District of Columbia and remanded to EPA. Under Section 112(j) of the Clean Air Act (known as “the MACT Hammer”), if EPA misses a NESHAP promulgation date, affected sources must submit an air permit to the local regulatory authority within 18 months of the original promulgation deadline for the purposes of determining a case-by-case MACT standard. Because Section 112(j) does not directly address the scenario ...
Thursday, October 01, 2009
The following is a partial list of regulatory developments published in the Sept. 2009 Federal Register:9/10/09 74FR46493Final rule correcting the 6/25/09 NESHAP for areas sources at aluminum, copper, and other nonferrous foundries.9/10/09 74FR46589Notice of availability for public comment of two draft documents related to the review of the NAAQS for Particulate Matter.9/17/09 74FR47774Notice of data availability related to the short-term effects of CO2, related to the use of R-744 (CO2) as a substitute for CFC-12 in motor vehicle air conditioning.9/22/09 74FR48153Final rule issuing a stay on the "grandfathering" provision for PM2.5 requirements in the federal PSD program.9/23/09 74FR48543Notice of availability of a final risk assessment ...
Wednesday, September 30, 2009
Recent action by the US EPA to finalize the Mandatory Reporting of Greenhouse Gases (GHG) Rule means that environmental managers must now seriously examine whether they are fully prepared to address the imminent requirements. This article provides some assistance by summarizing key points regarding the final versus proposed rule, providing clarification on key questions that have arisen since the rule was proposed, and recommending action items that should be completed now to help ensure compliance.Mandatory Reporting of Greenhouse Gases Rule PassedOn September 22, the EPA Administrator signed the final Mandatory Reporting of Greenhouse Gases Rule. Although there had been some ...
Tuesday, September 22, 2009
On September 22, 2009, the EPA Administrator signed the final Mandatory Reporting of Greenhouse Gases Rule. This development is significant in that it represents the first federal requirement to report and monitor greenhouse gas (GHG) emissions from approximately 10,000 industrial facilities representing 85% of GHG emissions in the U.S.As originally proposed, the reporting threshold will be 25,000 metric tons of CO2e/yr (actual emissions) or capacity-based thresholds depending on the sector type. The final rule requires reporting of annual emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and other fluorinated greenhouse gases, ...
Friday, September 11, 2009
In April, EPA proposed a Mandatory GHG Reporting Rule to collect information from a substantial portion of sources creating GHG emissions, while limiting the impact on small businesses and generating data that will be useful in establishing GHG mitigation policies (such as cap-and-trade legislation). On August 19, the draft final rule was submitted to the Office of Management and Budget for review on August 19th. EPA anticipates rule promulgation in October or November. Last month, EPA sent to the White House draft rules that would impose the first federal tailpipe standards for GHG emissions from vehicles. The ability to regulate ...
Friday, September 11, 2009
On August 12, 2009, EPA created a stir in the regulated community when it issued an Order signaling a significant shift in how the agency desires to regulate PM2.5 emissions. The Order addresses remaining issues identified in petitions filed in 2006 and 2008 by environmental groups requesting that EPA object to Title V permits issued by the Kentucky Division for Air Quality (KDAQ) to Louisville Gas and Electric Company (LG&E) for a new 750 megawatt supercritical pulverized coal (SPC) boiler (and other associated modifications) at the Trimble County Generating Station located in Bedford (Trimble County), Kentucky. The Order contains responses ...
Friday, September 11, 2009
On December 19, 2008, as a result of a court case (Sierra Club v. EPA), the U.S. Court of Appeals for the District of Columbia (DC Circuit) vacated the "Startup, shutdown, and malfunction (SSM) exemption" of the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) Subpart A (40 CFR 63.6 (f)(1) and (h)(1)). The ruling concluded that even during periods of SSM, an affected source must comply with applicable emissions standards associated with the relevant source category. On July 22, 2009, EPA clarified that this vacatur only affected facilities subject to NESHAPs which incorporate sections (f)(1) and (h)(1) by reference. ...
Monday, August 31, 2009
8/5/09 74FR39013 Proposed NESHAP for the chemical preparations area source category.8/6/09 74FR39315 Notice of data availability for information related to the CAIR Compliance Supplement Pool (CSP) allowance allocations and denial of allocations to individual units whose owners/operators requested such an allowance from EPA.8/11/09 74FR40074 Final rule revising a portion of EPA's Phase 2 implementation rule for the 1997 8-hour ozone NAAQS, for which EPA had sought a voluntary remand from the D.C. Circuit court, related to the allowance of certain credits toward reasonable further progress (RFP) for the 8-hour standard from emissions reductions outside the nonattainment area.8/17/09 74FR41359 Notice of ...
Friday, July 10, 2009
On June 29, EPA indicated its intent to propose a new one-hour air quality standard for NO2 while retaining the existing annual standard for the pollutant and expanding its monitoring network. EPA's proposed rule, which has not yet been published in the Federal Register, would create a new primary one-hour national ambient air quality standard for NO2 at a level between 0.080 parts per million and 0.10 ppm. The agency proposed retaining the current annual primary standard of 0.053 ppm, which is an annual average. Currently, the secondary annual standard is also set at 0.053 ppm and all areas of ...
Friday, July 10, 2009
The American Clean Energy and Security (ACES) Act of 2009, drafted by Representatives Henry Waxman (D-CA) and Edward Markey (D-MA), passed the House of Representatives by a single vote. The Act now moves forward to the Senate, with President Obama lobbying for its passage. The ACES Act, which includes a GHG cap-and-trade scheme and annual GHG reporting, has a 25,000 tpy trigger for most sources.According to a recent report from the U.S. Congressional Budget Office (CBO), after payroll and tax offsets, the recently proposed cap-and-trade legislation will generate approximately $253 billion from 2010 to 2019 as a result of the ...
Friday, July 10, 2009
On June 10, 2009 the US EPA extended the public comment deadline to Sept. 4, 2009 on a proposal to slash mercury emissions and other pollutants from Portland cement kilns. The proposed standards would also set emission limits for total hydrocarbons and particulate matter from cement kilns of all sizes and would reduce hydrochloric acid emissions from kilns that are large hydrochloric acid emitters. The proposed rule as published in the Federal Register can be found here.
Friday, July 10, 2009
The following is a list of regulatory actions that were published in the Federal Register during June.6/1/09 74FR26142 Proposed NESHAP for the paints and allied products manufacturing area source category.6/1/09 74FR26098Final rule granting a petition for reconsideration with respect to the 5/16/08 implementation rule for PM2.5 and granting a stay on a "grandfathering" provision for PM2.5 contained in the PSD program.6/4/09 74FR26863Notice of a proposed settlement agreement in a lawsuit filed by the American Petroleum Institute, petitioning for EPA review of rule requiring NSPS for new stationary compression ignition internal combustion engines whereby EPA agrees to propose revisions and to issue ...
Monday, July 06, 2009
On December 19, 2008, EPA issued a final rule establishing a voluntary Alternative Work Practice (AWP) to detect leaks of volatile organic compounds (VOC) and hazardous air pollutants (HAP) from process equipment (FR Vol. 73, Number 246), thereby providing the regulated community additional flexibility in complying with leak detection and repair (LDAR) requirements. The AWP allows owners or operators of an affected facility to identify leaking equipment using an optical gas imaging instrument in lieu of a leak monitor as prescribed in Title 40, Code of Federal Regulations (40 CFR) Part 60, Appendix A (Method 21). The development of the ...
Monday, July 06, 2009
On May 6, 2009, EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry (PC MACT) in response to numerous petitions and court mandates. The proposed revisions present significant challenges to the portland cement industry by establishing a new lower maximum achievable control technology (MACT) floor that would require additional controls and monitoring not widely implemented on existing cement kilns. Should the methods utilized by EPA to amend the PC MACT become common in other MACT regulations, the challenges facing the cement industry could become ubiquitous among U.S. industrial facilities subject to ...
Monday, July 06, 2009
So far this year, there have been significant developments on U.S. climate change policy, including movement toward mandatory reporting and regulation of greenhouse gas (GHG) emissions at the federal level via either a cap-and-trade program or possibly existing Clean Air Act mechanisms. While the specifics are still uncertain regarding how these regulatory developments and legislative actions will unfold, companies who were monitoring GHG developments from afar will need to more aggressively address the issue. Companies will benefit greatly from better quantification of emissions,engagement in rulemaking processes, and delineation of GHG developments that should be of highest priority to corporate environmental ...
Friday, June 05, 2009
An audit is a systematic and documented investigation to determine if prescribed processes are functioning as intended. We audit to find out whether processes are working properly, where they are not working properly, and how to address identified gaps. No matter how diligent the staff is in following procedures, there are nearly always revelations indicating needed corrections and opportunities for improvement. Whether an audit is conducted as part of a due diligence process, to evaluate management system effectiveness, or to assess routine EH&S compliance, the audit process allows us to reset the system back to where it should be.Types of ...
Friday, May 08, 2009
On April 17, 2009, EPA issued an endangerment finding on carbon dioxide and other greenhouse gases, pronouncing that greenhouse gas (GHG) emissions endanger public health and welfare. The endangerment finding comes nearly two years after the Supreme Court found that carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons are air pollutants covered by the Clean Air Act (Massachusetts v. EPA, 549 U.S. 497). Six greenhouse gas emissions are included in the endangerment finding: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. EPA is proposing the endangerment finding and the "cause or contribute" finding under section 202 of the Clean ...
Friday, May 08, 2009
On March 11, 2009 the EPA issued revisions to the Toxics Release Inventory (TRI) reporting requirements. These changes affect TRI reports due July 1, 2009. The changes require that all reports on persistent, bioaccumulative, and toxic (PBT) chemicals be submitted on Form R. For all other chemicals Form A may be used only if the annual reporting amount is 500 pounds or less and the chemical was manufactured, processed or otherwise used in an amount not exceeding 1 million pounds during the reporting year. These changes reverse the reduced reporting burden implemented by the EPA in 2006. TRI-ME software and ...
Friday, May 08, 2009
The following is a list regulatory developments that appeared in the Federal Register during April. 4/2/09 74FR14941Proposed amendments to the National Volatile Organic Compound Emission Standards for Aerosol Coatings (aerosol coatings reactivity rule).4/10/09 74FR16448Proposed regulation requiring reporting of greenhouse gas emissions from all sectors of the economy. 4/14/09 74FR17130Extension of public comment period for the 3/5/09 proposed NESHAP for certain existing stationary reciprocating internal combustion engines, until 6/3/09. 4/15/09 74FR17483Notice of availability of EPA's RMP*eSubmit tool for electronic submission of Risk Management Plans under EPA's Chemical Accident Prevention regulations. 4/15/09 74FR17490Notice of availability of draft document, Carbon Monoxide National Ambient Air Quality Standards: Scope ...
Friday, May 08, 2009
On March 25, 2009, EPA proposed amendments to Test Methods 201A and 202, as contained in 40 CFR 51, Appendix M. The proposed amendments to Method 201A, which is a standard method for quantifying filterable PM10 emissions, allow for the addition of a PM2.5 cyclone to allow for sampling and quantification of filterable PM2.5 emissions. The proposed amendments to Method 202, which is the standard method for quantifying condensable particulate matter (CPM) emissions, revise the sample collection and recovery procedures to reduce by as much as 90 percent the formation of sulfate artifacts that could lead to inaccurate measurement (i.e., ...
Tuesday, April 21, 2009
It's that time of year again! Annual TRI reports are due on July 1, 2009 and there have been a few changes to the reporting requirements. On April 21, 2009, the 2009 Omnibus Appropriations Act removed the requirements that were added to the TRI rules as part of the TRI Burden Reduction Final Rule, published in the Federal Register on December 22, 2006. The intent of the TRI Burden Reduction Rule was to expand the criteria that industry could follow in order to report using Form A.Industries typically submit either Form A or Form R for chemicals that are required ...
Wednesday, April 15, 2009
March 10, 2009, EPA Administrator, Lisa Jackson, signed the proposed rule that will be published in the Federal Register shortly. Facilities would be required to report GHG emissions in certain industries if emissions exceed 25,000 metric tons of CO2 equivalent per year. Also, fossil fuel producers would be required to report the CO2 equivalent emissions from the complete combustion of their products. For example, refineries would report for liquid fuels produced, and gas plants would report for natural gas liquids. However, natural gas would be reported by the local distribution companies for the annual volume delivered to their customers.
Wednesday, April 01, 2009
In summer 2008, the U.S. Court of Appeals for the D.C. Circuit issued a dramatic decision to vacate the Clean Air Interstate Rule (CAIR) in its entirety (North Carolina v. EPA, No. 05-1244, D.C. Cir., July 11, 2008). Following a petition for rehearing, it seems the previous vacatur was just a temporary detour, as the Court reinstated CAIR on December 22, 2008. The reinstatement appears to turn back the clock six months and revive CAIR’s role in helping states plan to address more stringent attainment standards.BackgroundThe U.S. Environmental Protection Agency (EPA) issued CAIR on March 10, 2005, as part of a ...
Wednesday, April 01, 2009
The New Source Review (NSR) program is a preconstruction permitting program designed to:Ensure that ambient air quality standards continue to be met in “clean air” (i.e., attainment) areas, and Ensure that state of the art pollution control technology is installed at new major facilities and existing modified facilities. In the September 15, 2006 proposed revisions to the NSR program, EPA attempted to clarify its policies on project aggregation, debottlenecking, and project netting. These three issues are part of the criteria a facility may need to consider when determining major NSR applicability. In the waning hours of the Bush administration, EPA took ...
Wednesday, April 01, 2009
The Clean Air Act Section 112(r) Risk Management Program rule regulates the storage, handling and/or processing of specified toxic and flammable substances. Affected facilities must develop and register a Risk Management Plan (RMP) that includes a hazard assessment, prevention program, and emergency response program. Regulated facilities must update and resubmit the RMP every five years. This 5-year update requires review and revision of all RMP sections, as needed, to bring the RMP up to date. The 5-year anniversary date is reset whenever a facility fully updates and resubmits the RMP. For facilities following the schedule of the rule, June 21, ...
Wednesday, April 01, 2009
On March 10, 2009, EPA proposed federal greenhouse gas (GHG) reporting requirements as authorized by the FY08 Omnibus Appropriations Act (H.R. 2794; Public Law 110-161), signed Dec. 26, 2007. EPA developed the rule to collect comprehensive GHG emissions data that can be used to inform EPA and government agencies for future policy decisions. EPA’s rulemaking approach used screening criteria to identify affected emissions source categories, including: 1) whether a source category could be covered under the Clean Air Act, 2) the ability to measure GHG emissions from the source category, and 3) the administrative burden (i.e., number of sources versus ...
Wednesday, April 01, 2009
A facility with an air quality permit must comply with all the conditions of that permit and demonstrate its compliance on an on-going basis. Unfortunately, no matter how diligently the facility and corporate staff strives to assure continuous compliance, unexpected compliance challenges can occur. For example, new equipment fails the emissions guarantees provided by equipment vendors; new staff or operators, without the proper training, may miss discrete monitoring or recordkeeping requirements; regulatory reports with due dates may get turned in late; accidents can happen that sometimes cause excess air emissions; and physical changes or changes in the method of operation ...
Wednesday, April 01, 2009
In late 2008, T3, a division of Trinity Consultants, developed an environmental management information system (EMIS) to manage “near real-time” emissions data at a petroleum refinery. The system is designed to support Consent Decree requirements for compliance demonstrations with air quality regulations at the facility. Functionality delivered includes advanced data gathering, validation, rule-base correction, and averaging requirements for newly installed continuous emissions monitoring systems (CEMS). The system is designed to perform hourly emission calculations, determine compliance with reportable quantity and other emission limits, and generate notifications and reports to facilitate additional engineering assessments. Project Background As a result of a ...
Tuesday, March 10, 2009
On Feb. 25, 2009, EPA proposed a NESHAP for reciprocating internal combustion engines (RICE) located at areas sources. The rule, that will become part of 40 CFR Part 63, Subpart ZZZZ, affects units with a site rating of less than or equal to 500 horsepower (HP) located at major sources, existing non-emergency CI engines with a site rating >500 HP at major sources, and existing stationary RICE of any power rating located at area sources. The promulgation of these regulations means that many previously unregulated smaller engines, including those designated for emergency use, may soon be subject to federal regulation, ...
Tuesday, March 10, 2009
In keeping with President Obama's commitment to address climate change, EPA is pursuing multiple pathways related to CO2 regulation. Endangerment Finding In late February, new EPA Administrator Lisa Jackson indicated EPA's intention to issue a CO2 endangerment finding that would classify CO2 as a threat to public health and/or welfare and compel the agency to respond with regulation. Although the Bush administration had drafted an endangerment finding and draft regulation during its final months in response to the 2007 Court order that required EPA to reconsider regulating CO2, those drafts have not been revealed publicly. One challenge in trying to ...
Tuesday, March 10, 2009
The Clean Air Act Section 112(r) Risk Management Program rule regulates the storage, handling and/or processing of specified toxic and flammable substances. Affected facilities must develop and register a Risk Management Plan (RMP) that includes a hazard assessment, prevention program, and emergency response program. Regulated facilities must update and resubmit the RMP every five years. This 5-year update requires review and revision of all RMP sections, as needed, to bring the RMP up to date. The 5-year anniversary date is reset whenever a facility fully updates and resubmits the RMP. For facilities following the schedule of the rule, June 21, ...
Monday, March 09, 2009
January 13, 2009, EPA posted on its web site Final Amendments to the National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries, codified in 40 CFR 63, Subpart CC. The U.S. EPA is required to review the developments in practices, processed, and control technologies every eight years and update national emissions standards to address the "residual risk" after implementation of the original standards. The residual risk amendments will become effective upon the date of publication of the final rules in the Federal Register.New Requirements for Group 1 Storage Vessels:All Group 1 external floating roof (EFR) storage tanks will be ...
Thursday, March 05, 2009
On March 5, 2009, EPA published proposed revisions to 40 CFR 63 Subpart ZZZZ - National Emission Standards for Reciprocating Internal Combustion Engines (RICE MACT). In the revisions, EPA proposed to set emission limits for formaldehyde, benzene, acrolein and other toxic air pollutants from certain stationary diesel and gas-fired engines at both major and area sources for hazardous air pollutants (HAPs). An area source is a facility which emits less than 10 tons per year of a single HAP or 25 tons per year of combined HAPs. The promulgation of these regulations means that many previously unregulated smaller engines, including ...
Thursday, January 08, 2009
Recent amendments to the SPCC rule clarify regulatory requirements, tailor requirements to particular industry sectors, and streamline certain requirements for facility owners or operators subject to the rule. With these changes, EPA expects to encourage greater compliance with the SPCC regulations, resulting in increased protection of human health and the environment.Key amendments offer greater flexibility to industry as follows:A category of qualified facilities (Tier I facilities) can complete a pre-formatted self-certified SPCC template plan.Oil production facilities now have additional time to prepare and implement an SPCC plan for new facilities, alternative secondary containment options for flow-through process vessels, and measures ...
Thursday, January 08, 2009
On December 19, 2008, the U.S. Court of Appeals for the District of Columbia Circuit decided a case that could affect any facility subject to a MACT standard, should the decision withstand anticipated appeals. The D.C. Circuit Court heard a case brought by Sierra Club against the U.S. EPA in which Sierra Club challenged the exemptions to numerical emissions limitations allowed under MACT standards (found in 40 CFR Part 63) for startup, shutdown, and malfunction (SSM) events. Prior to the Court's decision, SSM events were exempt from the numerical emission limitations provided in MACT standards. Instead of complying with numerical ...
Thursday, January 08, 2009
U.S. EPA has expansive authority under Clean Air Act (CAA) Section 114 to request any information it may reasonably require for developing regulations or determining compliance. Significant enforcement cases often begin with a Section 114 request. In the 1990s, many petroleum refineries and wood products facilities received Section 114 letters as part of EPA's major enforcement initiatives in those industry sectors. Trinity has continued to see EPA use Section 114 requests for a variety of reasons. A Section 114 request is a formal, written request for information related to activities subject to the CAA, somewhat analagous to an IRS audit. Because ...
Friday, November 28, 2008
For the first time in 30 years, EPA has strengthened the National Ambient Air Quality Standards (NAAQS) for lead. The new standards tighten the allowable level by a factor of 10, from 1.5 micrograms per cubic meter (μg/m3) to 0.15 μg/m3, measured as total suspended articles (TSP).EPA's October 15, 2008 action sets the primary standard to protect health, and a secondary standard to protect the public welfare and environment at the same level (0.15 μg/m3). Since EPA set the old standard in 1978, more than 6,000 studies have been conducted assessing its impact on health and the environment. Some studies ...
Friday, November 28, 2008
The EPA is requesting comment on whether it should offer tailored incentives to encourage new owners of regulated entities to discover, disclose, correct, and prevent the recurrence of environmental violations. The agency wants to know whether actively encouraging disclosures has the potential to yield significant environmental benefit, since new owners may be particularly well-situated and highly motivated to invest in making a clean start for their new facilities by addressing environmental noncompliance.To test the strategy, EPA implemented the approach on an interim basis and is seeking public comment. The docket contains public comments received to date as well as copies ...
Friday, November 28, 2008
In 1982 and 1999, EPA issued policy memos regarding excess emissions (i.e., those emissions greater than any applicable emission standard or limitation) that may occur during Maintenance, Startup, and Shutdown (MSS) activities. Since then, states have been changing their State Implementation Plans (SIPs), regulations, and permitting procedures to address EPA’s related policy. For instance, in Texas and New Mexico, sites will be required to permit not only emissions resulting from new MSS activities, but also MSS emissions that currently exist. At issue for many sites are the potential implications when permitting previously unauthorized MSS emissions causes a site to become ...
Friday, November 28, 2008
To improve the process of gathering and reporting emission inventories, the EPA Work Group on Test Methods is considering alternatives to the currently used Method 202. Not surprisingly, the alternatives are drawing mixed reviews from industry.For stationary sources, the issue centers on SIP compliance and the challenge of collecting the data that is essential to effective inventory measurement. Specifically, most current regulations do not address condensable particulate matter (PM). Regulations that do address PM contain incorrect test methods, according to EPA.The alternative methods under consideration are:Other Test Method (OTM) 27 is a cascade impactor method (gravimetric) that tests for filterable ...
Friday, November 28, 2008
Recently, EPA issued New Source Performance Standards (NSPS) applicable to some equipment at petroleum refineries and amending a rule applicable to certain other equipment at refineries.On June 24, 2008, EPA promulgated final NSPS for new, modified, or reconstructed process units at petroleum refineries (codified in 40 CFR 60, Subpart Ja) and final amendments to the current NSPS for petroleum refineries (codified in 40 CFR 60, Subpart J). Following publication of the rules, a series of petitions was filed by industry and environmental groups requesting reconsideration of Subpart Ja. Subsequently, on July 28, EPA published a final rule staying the effective ...
Tuesday, September 30, 2008
On July 7, the leaders of the G8 nations (Canada, France, Germany, Italy, Japan, Russia, the U.K., and the U.S.) and the European Union (EU) met in Hokkaido, Japan and agreed to a goal of reducing greenhouse gas emissions by 50 percent by 2050, consistent with the goals of the U.N. Framework Convention on Climate Change (UNFCCC). The statement signified the first commitment of its type by this group and a reversal of previous U.S. resistance to commit to specific reduction levels. However, critics attacked the lack of significant details in the declaration, such as identification of a baseline year, mid-term ...
Tuesday, September 30, 2008
Local governments are actively working to understand their greenhouse gas (GHG) emissions and to address their climate change impact. With initiatives such as the U.S. Conference of Mayors Climate Protection Agreement and organizations such as Local Governments for Sustainability (ICLEI), the number of local governments preparing their GHG emissions inventories continues to grow. In response, ICLEI, the California Air Resources Board (CARB ), the California Climate Action Registry (CCAR ), and The Climate Registry (TCR) have partnered to develop the local government operations protocol (Protocol) for GHG reporting in the U.S. Austin, Texas is one of the numerous cities that have registered ...
Tuesday, September 30, 2008
As part of developing a comprehensive greenhouse gas (GHG) management plan, companies and organizations often consider participating in one of several voluntary GHG reporting/reduction programs. Some of these programs include the California Climate Action Registry (CCAR ), The Climate Registry (TCR), and the U.S. Department of Energy’s (DOE’s) 1605(b) Program. Deciding which program (or programs) is most appropriate for a company or organization should be based on how each program aligns with the organization’s GHG management plan goals. To assist in such decisions, the following table compares different aspects of the aforementioned voluntary GHG reporting/reduction programs.
Tuesday, September 30, 2008
While a U.S. regulatory framework to address greenhouse gas (GHG) emissions continues to take shape, organizational leaders are recognizing that early emissions reduction efforts can help the enterprise manage regulatory risk, improve operational efficiency, save money, and address stakeholder concerns. For progressive companies, the connection between energy management and GHG emissions reductions represents a very key nexus. Knowing that efforts to reduce energy consumption will improve the bottom line makes it easier for organizational leaders to pursue GHG emissions reductions ahead of clear emerging regulations.Even without the potential constraints posed by emerging climate change regulations, many organizations have recognized the ...
Thursday, August 28, 2008
In July EPA issued an Advanced Notice of Proposed Rulemaking (ANPR) outlining issues and options associated with regulating greenhouse gases (GHG) under the Clean Air Act (CAA). The ANPR solicits public comment related to the U.S. Supreme Court’s decision in Massachusetts v. EPA, a 2007 decision that affirmed the EPA’s authority to regulate greenhouse gas emissions.Within the ANPR, EPA Administrator Stephen Johnson emphasized the Clean Air Act is not well suited for comprehensive regulation of GHG emissions. Unlike most traditional air pollutants, GHG emissions become well mixed in the global atmosphere so that long-term distribution of GHG concentrations does not ...
Thursday, August 28, 2008
In a blow to both air quality and EPA's ability to implement market-based programs, the District of Columbia Circuit Court of Appeals vacated the Clean Air Interstate Rule (CAIR) in its entirety. The July 11, 2008, decision effectively voids the rule that would have resulted in the greatest reduction in air pollution in the history of the Clean Air Act.Few parties to the lawsuit are pleased with the decision, and even the judges expressed concern about the negative environmental impact that will result. However, barring a successful appeal, CAIR is dead.Two key themes stand out in the long and complex ...
Thursday, August 28, 2008
In June 2007, the U.S. Court of Appeals vacated the Industrial/Commercial/ Institutional (ICI) Boiler and Process Heaters National Emissions Standards for Hazardous Air Pollutants (NESHAP), the regulatory standards commonly known as “Boiler MACT.” According to the National Association of Clean Air Agencies (NACAA), the vacatur effectively means the regulation never was promulgated and thus the “MACT Hammer” is triggered.The MACT Hammer was added by Congress in the 1990 Clean Air Act (CAA) amendments out of frustration with EPA’s pace in setting NESHAP under the pre-1990 CAA. To ensure timely issuance of HAP standards, the MACT Hammer requires state and local ...
Thursday, August 28, 2008
Trinity Consultants Merges With Environmental Services, Inc.Trinity Consultants recently merged with Albuquerque-based Environmental Services, Inc. (ESI), a consulting firm specializing in air quality issues in New Mexico. The merger expands the resources of both companies to help the state’s industrial facilities with such issues as permitting requirements, compliance management, and climate change-related challenges.The merger is especially significant at a time when facilities in New Mexico face increased state regulatory requirements related to excess emissions permitting and greenhouse gas (GHG) emissions reporting.ESI was founded by Sam Cudney, a Qualified Environmental Professional with more than 32 years of experience in the industry. ...
Thursday, June 26, 2008
In an effort to address the issue of global climate change associated with the build-up of greenhouse gas (GHG) emissions in the atmosphere, the California State Legislature adopted Assembly Bill (AB) 32, also called the California Global Warming Solutions Act of 2006. The objective of AB 32 is to reduce GHG emissions in California. GHGs are defined by AB 32 as carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs). AB 32 requires that the California Air Resources Board (CARB) and other local agencies charged with regulating statewide air quality adopt AB 32 ...
Thursday, June 26, 2008
Over the past decade, the U.S. Environmental Protection Agency (EPA) has launched several programs intended to assist industry with environmental sustainability initiatives. One such example is EPA’s SmartWay Transport Partnership. The Partnership is a voluntary program designed to increase energy efficiency within the transportation industry and subsequently reduce emissions of carbon dioxide, nitrogen oxides, particulate matter, and greenhouse gases (GHGs). The program is based on the establishment of partnerships between companies that ship products and the truck and rail companies that deliver them. EPA expects this initiative to result in fuel savings of up to 150 million barrels of oil ...
Thursday, June 26, 2008
The Western Climate Initiative (WCI), a regional consortium focused on reducing greenhouse gas (GHG) emissions in the Western part of the United States, Canada, and Mexico, held a Stakeholders Workshop in Salt Lake City, Utah on May 19, 2008 to solicit public comment on recently published draft goals. WCI has an overarching goal to reduce GHG emissions in participating states 15% from 2005 levels by 2020. This article summarizes the draft goals and public comments provided at the recent workshop. The “Partners” in the WCI have agreed to implement rules and regulations in order to achieve the GHG emissions reductions ...
Thursday, June 26, 2008
To minimize the environmental impact of a recent internal training event, Trinity Consultants purchased carbon offsets to “offset” the carbon emissions from the associated air travel.To start the process, staff reviewed several carbon calculators. Staff selected the carbon calculator on nativeenergy.com and secured the carbon offsets by working with Native Energy, an organization dedicated to supporting new clean and renewable sources of energy that reduce global warming pollution and create sustainable economies. Native Energy’s carbon calculator assumes that shorter haul flights are more fuel and carbon intensive, and the calculator applies an RFI (radiative forcing index) of 2 to the ...
Thursday, June 26, 2008
The Climate Registry (TCR), a voluntary registry for reporting organizational greenhouse gas (GHG) emissions and reductions, issued its final General Reporting Protocol (GRP) in May 2008 (see Managing Environmental Performance, Dec. 2007 for a discussion of the draft protocol). This protocol was drawn from several internationally-accepted GHG reporting protocols such as: World Resources Institute and World Business Council for Sustainable Development (WRI/WBCSD) GHG Protocol California Climate Action Registry (CCAR) General Reporting Protocol US EPA Climate Leaders Greenhouse Gas Inventory Guidance The GRP provides guidance on important concepts like setting geographical boundaries, calculating de minimis emissions (i.e., emissions that are a ...
Friday, May 30, 2008
Heeding the analysis and results of more than 1,700 new scientific studies, EPA announced on March 12, 2008, that the National Ambient Air Quality Standards (NAAQS) for primary and secondary ground-level ozone will be significantly strengthened to better protect public health and welfare. The primary ozone standard, which is designed to protect public health and the secondary standard, which is designed to protect public welfare (including crops, vegetation, wildlife, buildings, national monuments, and visibility) from the negative effects of ozone, were both reduced to 0.075 parts per million (ppm). The previous 8-hour ozone standards, both primary and secondary, were set ...
Friday, May 30, 2008
Nearly 11 years after finalizing the original PM2.5 National Ambient Air Quality Standards (NAAQS), EPA has issued rules on how states should implement the standards in the New Source Review (NSR) permitting framework. Highlights from the final rule as recorded in the May 16, 2008, Federal Register, include:Both directly emitted PM2.5 (primary) and its precursors, which include sulfur dioxide (SO2) and nitrogen oxides (NOx), are regulated in the NSR permitting framework, as was originally proposed. With supporting evidence, states can exempt NOx as a precursor, and also add volatile organic compounds (VOCs) and/or ammonia as precursors.EPA is not requiring that ...
Friday, May 30, 2008
The U.S. EPA has developed a complex matrix of two New Source Performance Standards (NSPS) and one Maximum Achievable Control Technology (MACT) standard to regulate exhaust gases from stationary reciprocating internal combustion engines (RICE). The complexity of this trio of rules stems from the applicability of each rule to a wide range of engine design types (i.e., nearly the full span of horsepower [hp] ratings), the different types of air pollutants regulated, and an assortment of control options. The promulgation of these regulations means that many previously unregulated smaller engines, including those designated for emergency use, are now subject to ...
Friday, May 30, 2008
There is no denying it - green is here; and in an election year, green policies are as newsworthy as a celebrity wedding announcement. Unlike years past, environmental and energy issues (i.e., climate change issues) are prominent on the candidates' platforms. In fact, each presidential candidate has endorsed a different plan for addressing global climate change and related environmental issues. How do the candidates' plans differ? The following tables summarize the environmental platforms of the three leading presidential candidates.Descriptions of candidates' positions are not intended as endorsements of candidates. 1"How Green is Your Candidate" Grist Environmental News & Commentary. 14 May ...
Monday, March 31, 2008
The U.S. EPA’s Climate Leaders program is an industry-government partnership through which organizations develop long-term climate change strategies, set aggressive greenhouse gas (GHG) emission reduction goals, and measure progress. Participating corporations benefit from the program by positioning themselves as corporate environmental leaders, reducing costs through efficiency improvements, and mitigating risks associated with potential regulatory developments. Through the program, corporate partners have access to technical assistance related to GHG emissions inventory preparation and reporting. Participation also enables partners to demonstrate a record of achievement and enjoy the associated positive publicity.Program Roles and ResponsibilitiesSuccess of the Climate Leaders program requires both EPA ...
Monday, March 31, 2008
According to The Greenbiz Index, an inaugural report from Greener World Media that assesses the environmental progress of U.S. companies according to 20 indicators, business has become only slightly greener in recent years. (For the complete report, visit greenbiz.com.) Despite the difficulties noted with obtaining adequate data for making such an assessment, the trends identified are significant in terms of how corporate America is responding to market forces associated with operating in a more environmentally sustainable manner. In its assessment of 20 indicators, the GreenBiz Index rated U.S. companies as losing ground (sinking), in a holding pattern (treading), or progressing ...
Monday, March 31, 2008
As the demand for carbon offsets increases, markets are continually exploring new ways to generate carbon credits. Though CO2 emissions reductions are typically the most desirable form of offset, supply of carbon credits generated from forestlands is gaining momentum in the marketplace. Forests (ultimately trees) represent natural sinks for carbon, absorbing CO2 and storing the carbon within their fibers. Since this is part of a natural process, forest carbon projects are often less costly than other carbon sequestration projects.There are four basic types of forestry projects that are eligible for the creation of carbon credits: Afforestation – The planting of ...
Monday, March 03, 2008
In 2007, more than 50% of electricity in the U.S. was generated by coal-fired power plants and, according to estimates by the Energy Information Administration (EIA), coal-based power generation will continue to be the largest single source of the nation’s electricity production through 2030 and beyond. Coal gasification is regarded as an emerging technology which could replace many of the aging conventional pulverized coal (PC) boilers currently used to supply the vast majority of coal-based electricity in the U.S., and thereby secure the nation’s energy supply well into the future. However, utility companies have been reluctant to make gasification a ...
Monday, March 03, 2008
On November 8, 2007, EPA issued final amendments to the New Source Performance Standards (NSPS) for equipment leaks of volatile organic compounds (VOC) at synthetic organic chemical manufacturing industry (SOCMI) facilities and petroleum refineries. The amendments are codified in 40 CFR 60, Subpart VV (NSPS VV) and 40 CFR 60, Subpart GGG (NSPS GGG), respectively. Simultaneously, EPA issued new NSPS requirements for equipment leaks of VOC in SOCMI facilities and in petroleum refineries that are constructed, reconstructed, or modified after November 7, 2006. The new NSPS subparts are codified in 40 CFR 60, Subpart VVa (NSPS VVa) and 40 CFR ...
Monday, March 03, 2008
Users of BREEZE AERMOD 6 modeling system experience numerous innovations in data visualization, management, and reporting. The process of documenting an AERMOD analysis has historically been clumsy, time-consuming, and error-prone. Modelers typically open numerous text files, search for pertinent data, and then select, copy, and paste various input/output values into their reports. BREEZE AERMOD 6 automates this process by extracting all pertinent input/output data into HTML reports. These reports can be effortlessly created with HTML-aware software products such as Microsoft® Word.From the Reports window in BREEZE AERMOD 6, copy model Input Tables (e.g., Options, Sources) and/or Results Tables (e.g., Max. ...
Monday, March 03, 2008
In the summary judgment preceding the November 21, 2007 federal court settlement between Sierra Club and Wisconsin state (Sierra Club v. Michael Morgan and Jay Ehrfurth), the federal court for the Western District of Wisconsin found a much lower cost threshold for when routine maintenance, repair, and replacement (RMRR) exemptions apply in New Source Review (NSR) cases. The summary judgment deemed four boiler projects at the Charter Street Heating Plant (CSHP) to be non-routine maintenance as defined by the Prevention of Significant Deterioration (PSD) and NSR sections of the Clean Air Act (CAA). The CSHP provides heating and cooling for ...
Monday, March 03, 2008
In the latest related development, Florida Department of Environmental Protection (DEP) Secretary Michael W. Sole recently announced that Florida had joined the lawsuit filed by California seeking to overturn EPA’s waiver denial. On December 19, 2007, EPA rejected California’s request for a waiver from federal rules in order to enforce state regulations to limit greenhouse gas emissions from cars. In its initial denial, EPA cited the newly passed Energy Independence and Security Act signed into law by President Bush, concluding that the new federal standard made state controls unnecessary, disjointed, and overly cumbersome. On February 29, 2008, EPA reaffirmed its ...
Thursday, December 27, 2007
Setting geographical and organizational boundaries, calculating de minimis emissions, choosing a base year, defining performance metrics – these are critical concepts for environmental professionals involved in or considering greenhouse gas (GHG) emissions reporting for their organization. As more and more organizations consider the importance of GHG emissions reporting, they are faced with the task of developing an appropriate GHG strategy and assessing whether to participate in a voluntary GHG emissions registry such as The Climate Registry (TCR). [Voluntary registries have existed in the U.S. for quite some time. However, TCR represents the first attempt at linking together numerous state and ...
Thursday, December 27, 2007
Carbon management is certainly recognized by many as the environmental issue du jour. From the CEO to the sustainability coordinator to the employees around the water cooler, all would likely recognize carbon management and its relevance to climate change as perhaps the preeminent environmental issue of our time. While the policy issue is very real and dynamic, there is also a great deal of rhetoric and hype surrounding the issue and attending “irrational exuberance” that exists in the current carbon market space regarding what organizations should be doing to address their climate risks. Particularly in the U.S., where regulations are ...
Thursday, December 27, 2007
From corporate policy mandates to pressure from external stakeholders, many environmental managers now find themselves in the position of addressing sustainability principles in a significant way. Since there is no concise definition of sustainability, the environmental manager faces a clear challenge in trying to make sustainability concepts relevant to his/her organization. In the public realm, there are a few generally accepted definitions of sustainability (or sustainable development). For example, the World Council on the Environment and Development (commissioned by the United Nations in the late 1980s) first defined the term as development that “meets the needs of the present without ...
Thursday, November 29, 2007
Since the July 30, 2007 vacatur of the National Emission Standard for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial and Institutional Boilers and Process Heaters (Boiler MACT), opinions have been divided regarding the applicability of the Clean Air Act (CAA) Section 112(j), or case-by-case MACT (also known as the “MACT hammer”). EPA has yet to release any formal guidance regarding the applicability of 112(j) in lieu of federal Boiler MACT standards. In an attempt to clarify the state of play of 112(j), this article discusses: 1) the specifics of 112(j) language, 2) how states have implemented (or not implemented) 112(j), ...
Thursday, November 29, 2007
Continuing the flurry of National Emission Standards for Hazardous Air Pollutants (NESHAP) rulemakings for area sources, on September 17, 2007, EPA proposed the NESHAP for area sources engaged in paint stripping and miscellaneous metal and/or plastic parts surface coating operations. Sources potentially subject to the new proposed area source rule include autobody shops, general manufacturing operations with small paint booths, and sources that have accepted synthetic minor hazardous air pollutant (HAP) limits to avoid other surface coating NESHAP standards that only affect major sources (e.g., aerospace manufacturing, miscellaneous metal parts and products coating, plastic parts coating, metal furniture coating).Regulatory BackgroundAn ...
Thursday, November 29, 2007
On August 30, 2007, EPA Region VIII released its final construction permit for a 110-megawatt waste coal-fired unit at the Bonanza Power Plant in Uintah County, Utah, without addressing limits on carbon dioxide (CO2) emissions from the plant. Despite the U.S. Supreme Court’s ruling in Massachusetts v. EPA, which gave EPA authority to regulate CO2 emissions from mobile sources, EPA claims it does not have authority to regulate CO2 emissions in Prevention of Significant Deterioration (PSD) air permits. The Bonanza permit is the first issued for a coal-fired power plant since the landmark Supreme Court ruling in April.Under the Clean ...
Thursday, November 29, 2007
Section 112 of the Clean Air Act establishes a two stage process to address emissions of hazardous air pollutants (HAPs). In the first stage, EPA identified approximately 100 industries that were major sources of HAPs and issued Maximum Achievable Control Technology (MACT) standards. Eight years after each standard becomes effective, EPA must begin the second stage and evaluate the “residual risk” to public health that may not have been adequately addressed by the original MACT standard. The EPA review also evaluates and may revise the initial technology-based standards as necessary, taking into account industry developments in practices, processes, and available ...
Thursday, November 29, 2007
Professional modelers worldwide will be pleased to learn that BREEZE developers have created true, parallel versions of AERMOD and AERMAP. AERMOD/AERMAP Parallel runs on a multi-CPU, multi-core computer, or distributed computer network (cluster) environment to slash model runtimes. Improvements in the product’s performance are based directly on the number of CPUs (or cores) utilized. Model runtimes can be decreased by up to 1/n the normal runtime, where n is the number of processors on your machine. In other words, if you have a dual core computer and a model run normally takes two hours to complete, BREEZE AERMOD Parallel would ...
Thursday, September 27, 2007
While U.S. regulatory developments on greenhouse gas reduction programs sputter forward, corporations and individuals that wish to render their activities “carbon neutral,” are increasingly purchasing carbon offsets to mitigate emissions associated with their air travel, auto usage, electricity consumption, etc. Although their mitigation potential is hotly debated, voluntary offsets may be useful in encouraging innovation, funding reduction projects that would not proceed otherwise, and raising awareness of the climate change issue and need for regulation. Commitment to carbon neutrality may also have material publicity benefits for highly visible entities, events, individuals, and “climate neutral” or “green” products.The voluntary carbon offset ...
Thursday, September 27, 2007
In September 2006, the California Global Warming Solutions Act of 2006, formally known as California Assembly Bill 32 (AB 32), was signed into law. AB 32 directs the California Air Resources Board (ARB) to regulate greenhouse gas (GHG) emissions in the State of California by establishing mandatory annual reporting of GHG emissions and by setting limits to trim GHG emissions to 1990 levels by 2020. Recent developments in the implementation of AB 32 have included a final report from the Market Advisory Committee (the group formed to advise ARB on development of a greenhouse gas reduction plan for the state) ...
Thursday, September 27, 2007
On September 12, a federal court in Vermont upheld the right of New York and Vermont to promulgate vehicle emissions standards that were initiated in California and subsequently adopted by 12 other states. The clean car standards, which exceed federal standards, are intended to address global warming by requiring a 25 percent improvement in fuel economy for new vehicles starting in 2009. The ruling came following a rigorous attempt by the auto industry to block the efforts to set state emissions standards for CO2 and other GHGs based on a variety of arguments including technical infeasibility, potential damage to consumer ...
Friday, August 31, 2007
On June 8, 2007, a three judge panel of the D.C. Circuit Court of Appeals issued a decision in NRDC v. EPA, vacating and remanding the Commercial and Industrial Solid Waste Incineration (CISWI) Unit Rule and the National Emission Standard for Hazardous Air Pollutants Rule for Industrial, Commercial, and Institutional Boilers and Process Heaters (Boiler MACT) for further action. The deadlines to request a rehearing and to request a stay have passed. On July 30, 2007, the court mandated EPA to vacate the Boiler MACT and the CISWI Rule and to take further action consistent with the court’s opinion. EPA ...
Friday, August 31, 2007
BREEZE Software and Data services recently released AERMOD GIS Pro Version 6, the most radical BREEZE update ever! We have implemented the most frequently requested functions, enhanced the “look and feel” of the program, and made it more intuitive and user friendly. BREEZE AERMOD interface now features these valuable enhancements:New data explorer/spreadsheet for speedy model set-up and changesToggling between displays with interface tabsWarning and errors notification of problematic dataInternet topographical and aerial images automatically geo-referenced and associated with your scenarioScenario templates help new and infrequent modelers view only model options available to specific types of modeling studiesDownwash analyst utility shows ...
Friday, August 31, 2007
Over the past several years, developments in federal greenhouse gas (GHG) legislation have accelerated and may signal future GHG regulatory framework. By examining new and existing federal and state legislative proposals, this article aims to help readers better understand and prepare for the nature of future greenhouse gas regulation.The Low Carbon Economy Act of 2007 (Bingaman/Specter)On July 11, 2007, Senators Jeff Bingaman and Arlen Specter introduced the long awaited GHG trading bill known as The Low Carbon Economy Act of 2007 (S. 1766). The bill would potentially regulate GHG emissions from coal mines, electric generating facilities, natural gas processing sites, ...
Friday, August 31, 2007
National Emission Standards for Hazardous Air Pollutants (NESHAPs) for major sources of HAPs became effective in 1999 for the oil and gas industry. On January 3, 2007, additional rules for area sources in this industry were published in the Federal Register. (http://www.epa.gov/ttn/atw/oilgas/fr03ja07.pdf) According to the rule, a source is considered major if it surpasses the applicability threshold of 10 tons per year (tpy) of any single HAP or 25 tpy combined HAPs. Area sources have no applicability threshold and potentially apply to all triethylene glycol (TEG) dehydration units. Compliance dates for area sources are established as follows:January 3, 2007 or ...
Friday, August 31, 2007
On May 24, 2007, U.S. EPA proposed clarifications to existing New Source Review (NSR) Prevention of Significant Deterioration (PSD) regulations regarding how states and regulated sources may calculate increases in ambient concentrations of regulated pollutants for complying with PSD increments. PSD increments specify the maximum extent to which the ambient concentration of regulated pollutants from new or modified industrial facilities may be allowed to increase over the legally defined baseline concentration in an area with clean air. Increments have been established for three pollutants—sulfur dioxide (SO2), particulate matter (PM), and nitrogen dioxide (NO2)—and for a variety of averaging periods for ...
Monday, April 30, 2007
U.S. EPA proposed a rule on February 28, 2007 to clarify the “reasonable possibility” recordkeeping and reporting standard of the 2002 New Source Review (NSR) reform rules. The “reasonable possibility” standard identifies the circumstances under which a source undergoing a modification that does not trigger major NSR must keep records. The standard also specifies the recordkeeping and reporting requirements on such sources. The proposed rule is in response to a June 2006 decision by the U.S. Court of Appeals for the DC Circuit in New York v. EPA that requires EPA to either provide an acceptable explanation for its “reasonable ...
Monday, April 30, 2007
On March 22, 2007, nearly four months after a three-judge panel of the DC Circuit Court vacated two major portions of U.S. EPA’s 2004 8-hour Ozone Phase 1 implementation rule, EPA filed petition for a rehearing, citing that the decision wrongfully limited the agency’s discretion in determining how the rule should be implemented. In addition, a coalition of industry groups, including the American Chemistry Council, the American Forest & Paper Association, the American Petroleum Institute, the National Association of Manufacturers, and the Utility Air Regulatory Group, also filed a petition to present the case to the full appellate court.EPA states ...
Monday, April 30, 2007
In November 2006, U.S. EPA filed a petition seeking Supreme Court review of the March 17, 2006 DC Circuit Court decision (New York, et al. v. EPA) to vacate EPA’s equipment replacement provision (ERP). Industry groups, namely the Utility Air Regulatory Group (UARG), have also filed petition to the Supreme Court seeking a review of the appellate court’s earlier decision. EPA and industry groups contend that the lower court’s ruling could significantly constrain EPA’s ability to provide flexibility in future New Source Review (NSR) and other rulemakings.EPA first issued the controversial ERP rule in August 2003 under the federal NSR ...
Monday, April 30, 2007
On April 2, 2007, in Environmental Defense, et al. v. Duke Energy Corp., the U.S. Supreme Court vacated the Fourth Circuit Court of Appeals June 15, 2005 ruling regarding Prevention of Significant Deterioration (PSD) violations at 30 Duke Energy coal-fired power units. The Supreme Court’s ruling upholds EPA’s definition of a “modification” as set forth in the PSD regulations, 40 CFR §51.166. EPA’s definition of a “modification” in the PSD regulations is based on a comparison of past actual to future actual annual emissions.BackgroundThe concept of a “modification” appears in both the 1970 Clean Air Act (CAA) and the 1977 ...
Monday, April 30, 2007
On February 9, 2007, U.S. EPA proposed to amend the New Source Performance Standards (NSPS) for boilers (72 FR 6319), 40 CFR 60 subparts D, Da, Db, and Dc. EPA is proposing to amend specific provisions for steam generating units to resolve issues and questions raised by petitioners (the Utility Air Regulatory Group and the Council of Industrial Boiler Owners) for reconsideration of the February 27, 2006, promulgated amendments (71 FR 9866).In its proposal, EPA also intends to correct technical and editorial errors identified since the 2006 promulgation and update the grammatical style of the four NSPS steam generating unit ...
Monday, April 30, 2007
The Industrial, Commercial, and Institutional Boilers and Process Heaters Maximum Achievable Control Technology (Boiler MACT) compliance deadline for existing sources is September 13, 2007. Promulgated under the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) on September 13, 2004, the Boiler MACT limits emissions of Hazardous Air Pollutants (HAPs) from new and existing boilers and process heaters located at facilities that are major sources of HAP emissions (i.e., have potential emissions greater than 10 tons per year of a single HAP or greater than 25 tons per year total HAPs). Affected facilities, however, may be able to utilize a number ...
Wednesday, January 31, 2007
The U.S. Environmental Protection Agency (EPA) promulgated nationally-applicable regulations in 1999 known as the Regional Haze Rules (RHR). The 1999 RHR have been substantially re-shaped by three subsequent decisions of the U.S. Court of Appeals for the D.C. Circuit. This article summarizes the significance of each of these important decisions and concludes with some suggestions for how states and industry can work cooperatively to develop and submit legally and technically defensible state implementation plans (SIPs) by December, 2007.CAA’s Visibility Protection ProgramCongress first addressed the problem of visibility impairment at the nation’s 156 mandatory Class I areas (certain national parks and ...
Wednesday, January 31, 2007
The U.S. Environmental Protection Agency (EPA) did not have a happy Christmas with the December 22, 2006 DC Circuit Court of Appeals ruling on EPA’s April 2004 Phase 1 Rule to implement the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The unanimous ruling rejected the basis for two main parts of EPA’s Phase 1 Rule and consequently vacated the rule. First, the DC Circuit rejected EPA’s attempt to allow states greater flexibility for some areas not meeting the 8-hour NAAQS. Second, the court took an expansive view of the scope of the “anti-backsliding” provisions of the Clean Air Act ...
Wednesday, January 31, 2007
Under section 112(f) of the Clean Air Act (CAA), EPA is required to assess the risk remaining (residual risk) to public health after the implementation of National Emissions Standards for Hazardous Air Pollutants (NESHAPs). If the residual risk for a source category does not protect public health with “an ample margin of safety,” EPA must promulgate additional health-based standards for that source category to further reduce hazardous air pollutant (HAP) emissions. EPA is also required to set more stringent standards if necessary to prevent adverse environmental effects (considering energy, costs, and other relevant factors). These residual risk standards must be ...
Wednesday, January 31, 2007
On January 26, 2007, the U.S. EPA released an update to the AERMOD modeling system (EPA version 07026). Bug fixes and enhancements were made to all Fortran programs that make up the modeling system (AERMOD, AERMET, and AERMAP). The bug fixes are available to BREEZE users with current maintenance as a free update. The enhancements will be available in an all new Version 6.0 of the BREEZE modeling system expected for release this quarter. BREEZE Version 6.0 will include the following enhancements:EPA Beta options to allow testing of two draft enhancements: 1) options for capped stacks horizontal releases; and 2) ...
Wednesday, January 31, 2007
On May 16, 1995, the U.S. Environmental Protection Agency (EPA) issued controversial guidance interpreting the general provisions of 40 CFR 63 and Section 112 of the Clean Air Act (CAA) itself. In what was generally termed the “once in, always in” Maximum Achievable Control Technology (MACT) policy, EPA stated that sources of hazardous air pollutants (HAPs) classified as “major ” (by having the potential to emit [PTE] more than ten tons per year of a single HAP or 25 tons per year of any combination of HAPs) at the first substantive compliance date identified in the rule, must forever comply ...
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