11 04 EPA Rule Making Webinar

8/7/2019 11 04 EPA Rule Making Webinar

http://slidepdf.com/reader/full/11-04-epa-rule-making-webinar 1/28

EPA’s Coal-Related Rulemakings

Ulla Reeves, Regional Program Director

Jen Rennicks, Federal Policy Director Josh Galperin, Policy Analyst and Research Attorney

April 21, 2011



About Us• The Southern Alliance for Clean Energy (SACE) has

been a leading voice for energy reform to protect thequality of life and treasured places in the Southeast for over 25 years. Founded in 1985, SACE is the onlyregional organization primarily focused on developingclean energy solutions throughout the Southeast.

• As we look towards the future, SACE’s commitment topreserve, restore and protect our environment throughthe use of innovative technology, grassroots andgrasstops education, and pioneer policy work remainssteadfast.

BECOME A MEMBER | TAKE ACTION @ www.cleanenergy.org FOLLOW US @ twitter.com/cleanenergyorg JOIN THE CONVERSATION on Facebook

READ MORE @ blog.cleanenergy.org/



What to Expect

• Introduction to Rulemaking

• Upcoming Rules

• What You Can Do



What is Rulemaking?

• Congress passes laws• Executive agencies (like EPA) carry out these

laws.• For example, from §112 of the Clean Air Act:



What is Rulemaking?

• The law either mandates the agency totake action• For example, reviewing National Ambient Air Quality

Standards every 5 years.

• Or the law gives agency authority anddiscretion to take action• For example the Air Transport Rule

• “The EPA has so much authority under Obama”?• The EPA only has the authority that Congress gives

it.



Recent & Upcoming EPA Rules

Conventional Pollutants1. Ozone NAAQS

2. Transport Rule

Greenhouse

Gases4. New Source Performance Standards

5. Tailoring Rule

Waste & Water 6. Coal Ash7. Effluent Limit Guidelines8. Cooling Water Intake

Hazardous Air Pollutants3. Mercury MACT



Strengthening Ozone NAAQS

WHAT WILL THIS RULE DO?• Set national standards for ozone in the ambient air

• Standards will range between 0.060-0.070 parts per

million.BACKGROUND:

• Clean Air Act requires EPA to regularly review and updateNational Ambient Air Quality Standards (NAAQS).



Strengthening Ozone NAAQS

BACKGROUND CONT.• NAAQS are science-based (CASAC), may only consider health and environmental impacts• Costs, feasibility, timeline are all considered in state-level

implementation plans.• Current process is a “re-review” of Bush-eraStandards, which ran counter to scientific advice.

TIMELINE:

• Review started in January 2010• First goal for completion was summer

2010, then winter 2010• Now expected summer 2011• Standards are implemented independently



Transport Rule: Power Plants

WHAT WILL THIS RULE DO?• Protect states from power plant air pollution thattravels across state lines

BACKGROUND:• States establish regulatory plans (called SIPs) in order tomeet NAAQS but those plans can’t regulate pollution fromother states.• Clean Air Act gives EPA the authority to establish “good

neighbor” rules to govern transported pollution.




BACKGROUND CONT.• The Transport Rule will limit ozone-forming nitrogen oxides and acid-raincausing sulfur dioxide.• It applies to 31 mostly eastern states• EPA modeling shows that all thesestates contribute to interstate pollutiontransport.• Emission caps or budgets will be setfor each pollutant for each state.• Intrastate trading is allowed.




BACKGROUND CONT.• EPA projects that by 2014 the rulewill reduce power plant emissions of:

• SO 2 by 72%• NO x by 52%

TIMELINE:• Initially proposed under the BushEPA as the Clean Air Interstate Rule --DC Circuit court invalidated in 2008.• Obama EPA re-issued in summer 2010• Currently under consideration• Once finalized will be implemented intwo stages: 2012 and 2014.



Mercury MACT

WHAT WILL THIS RULE DO?• Set first-ever nationwidestandards for mercury and toxicair emissions from new and

existing coal plantsBACKGROUND

• In 2000 EPA determined that it wasappropriate and necessary toaddress mercury as a hazardous air pollutant.• Finding required EPA to establishstandards based on MaximumAvailable Control Technology(MACT) levels.

“The Administrator shallregulate electric utility steamgenerating units under thissection if the Administrator finds

such regulation is appropriateand necessary .”

From the Clean Air Act:



Mercury MACT

TIMELINE:• In 2005 President Bush

attempted to regulate mercurywithout MACT but a court struckdown that rule (CAMR).

•

In March EPA announced thenew MACT standards• Public comment period, with a

public hearing in Atlanta, is openfor 60 days

• EPA is under court order to issuea final rule by November 2011.

• All plants must comply within 3years (are eligible for a 1 year extension )



History: EPA Greenhouse GasRegulation

• 2007 U.S. Supreme Court Case: Massachusetts v. EPA• Court said that GHGs are “air pollutants” under the Clean Air Act• Therefore, EPA must regulate GHG if they find that GHG:

“Causes or contributes

significantly to, air pollutionwhich may reasonably beanticipated to endanger public health or welfare”

• The Bush EPA wanted to make this “cause or contribute”finding but never did. The Obama EPA eventually did issue thefinding.

• Based on this finding EPA is now mandated to regulateGHGs.



New Source Performance

Standards; GHGsWHAT WILL THIS RULE DO?

• Set baseline standards for greenhouse gas emissionsfrom new power plants and establish guidance for states toset standards for existing plants.



New Source Performance

Standards

BACKGROUND• It is unclear exactly what the new standardwill look like• The standard will probably require coal plants to meetcertain levels of efficiency.

TIMELINE• EPA held listening sessions around the country this winter • EPA is expected to propose standards by July.• Finalize standards in May 2012.



Tailoring Rule (GHG Permitting)

WHAT WILL THIS RULE DO ?• Require large polluting facilities to include

greenhouse gas emission limits in their pre-construction and operating permits

BACKGROUND :• NSPS sets across the board standards for all new

sources. This rule requires plant-by-plant permits withindividualized standards.

• The permits must be at least as strict as the NSPS.• Permit limits will be based on Best Available Control

Technology (BACT)• Why is it called the “tailoring rule”?

TIMELINE :• This rule took effect on January 2, 2011



Coal Ash

WHAT WILL THIS RULE DO ?Either:

a) regulate coal ashas a hazardouswaste withcradle-to-graveoversight OR

b) categorize ashlike householdgarbage

BACKGROUND:• After the Kingston disaster EPApromised to act• Under pressure from industry theyproposed two alternatives• EPA received over 450,000 writtencomments on this rule

TIMELINE:

• Currently under EPA consideration• Delayed until 2012• Will take up to 15 years to fullyimplement.



Effluent Limitation Guidelines

WHAT WILL THE RULE DO?• Establish nationwide limits on the amount of pollutantsthat are permitted in coal plant wastewater



Effluent Limitation Guidelines

What the world looked like last timeEPA updated these numbers.• BACKGROUND :

• EPA has not updated standards since1980’s• Today, there are only limits on pH, totalsuspended solids and oil and grease• No limits for arsenic, lead, mercury,chromium, selenium and others

• TIMELINE :• Guidelines will be proposed in summer 2012• Guidelines will be finalized in winter 2014



Cooling Water Intake

• WHAT WILL THE RULE DO?• Very little. The rule purports to protect aquatic ecosystems bylimiting the intake of fish and other aquatic life. In fact, the rulewill only impact about 25% of coal plants.

• BACKGROUND:• Clean Water Act requires EPA to establish location, design,construction and capacity standards that “reflect the best technologyavailable for minimizing adverse environmental impact.• There are two available technologies:

CLOSED CYCLE ONCE

THROUGH



Cooling Water Intake

BACKGROUND CONT .• The rule does not require closed-cycle systems for existing units• The rule does not set any standards for entrainment• The rule sets standards for impingement with which over 75% of coal plants already comply.• Most of the details will be left to state permitting agencies

TIMELINE :

• Rule was signed on

March 28th

• Published on April 20 th • Finalized by July 2012• Plants will have 8years to comply



Meanwhile on the Hill

• High priority of current Congress: curb EPAauthority• Regulatory attacks: Congressional Review Act



Meanwhile on the Hill

• High priority of current Congress: curb EPAauthority• Legislative attacks:

• House efforts: Upton, many others includingBlackburn of TN

• Senate efforts: Stabenow, Baucus,Rockefeller and McConnell/Inhofe



What You Can Do

1. Stay Informed throughclean energy org & blog. cleanenergy .org



What You Can Do

2. Submit comments to EPA• Speak at a public hearing• Submit online or via email

• remember to include the specific

docket number for each case(Example: mercury rule is EPA- HQ-OAR-2009-0234 )

• Fax or mail your typed comments• Double your impact by

encouraging a friend or familymember to submit, too



What You Can Do

3. Contact Congress• Contact info and other

resources through SACE’sAdvoKit :• http://www.cleanenergy.org/

index.php?/AdvoKit.html

Congressional Contact Information

Info on writing anletter to the editor

Tips on reaching out toelected officials



This presentation was brought to you by

Please consider making a donation today!

Please visit our website atwww.cleanenergy.org and our blog at

http://blog.cleanenergy.org

Documents

11 04 EPA Rule Making Webinar