On August 26, 2010, the U.S. Environmental Protection Agency (EPA) issued a final rule to restructure the stationary source audit program. The purpose of this program is to allow the use of private audit samples for compliance tests to ensure that emissions tests accurately measure a facility’s emissions standards under Clean Air Act.
• This action outlines minimum requirements for:
1. Audit samples;
2. Accredited audit sample providers, the private companies that prepare and distribute audit samples; and
3. Third-party organizations that accredit and monitor the performance of the audit sample providers.
• This action amends the General Provisions of Parts 51, 60, 61 and 63 and test methods 5I, 6, 6A-C, 7, 7A-D, 8, 15A, 16A, 18, 23, 25, 25C, 25D, 26, 26A, 104, 106, 108, 108A-C, 204A-F, 306, 306A, and 308. These amendments add language to the General Provisions that:
o Allows accredited audit sample providers to supply the samples used for audits,
o Requires emissions sources to obtain and use samples from these accredited audit sample providers instead of from EPA, as was the practice in the past;
o Shifts audit requirements from EPA rules enumerating individual requirements for different test methodologies to the more generalized requirements contained in the General Provisions sections of Clean Air Act regulations.
• The General Provisions establish general requirements for implementing the Standards of Performance for New Stationary Sources and the National Emissions Standards for Hazardous Air Pollutants. This action adds essential requirements for an audit sample to the General Provisions.
• This action places the burden of obtaining an audit sample on the industrial emissions sources, rather than on the state and local air agencies responsible for assuring that sources are complying with Clean Air Act requirements.
BACKGROUND
• Audit samples are one method used to ensure that emissions testing procedures meet EPA requirements. Audit samples are analyzed alongside samples collected in the field during compliance testing to evaluate objectively the quality of the data. The exact chemical composition of audit samples is known to the supplier, but not to the user. This precaution helps increase the integrity of the audit.
• In the past, there were no private companies supplying stationary source audit samples, so EPA provided them free of charge to state regulatory agencies. The state regulatory agencies would then send them to the requesting company. With the recent establishment of field sampling and laboratory accreditation programs, a number of private providers have emerged. Industrial facilities and laboratories can now buy samples. As a result, it is no longer necessary for EPA to supply audit samples for free.
• Under the new system, states will have the opportunity to comment on the specific type of audit sample requested by a facility conducting emissions tests before it is sent from the accredited audit sample provider. This check will allow states to control whether the composition of a requested audit sample is appropriate for evaluating the expected emissions from each facility.
FOR MORE INFORMATION
• Interested parties can download the rule from EPA’s website on the Internet under “Recent Actions” at the following address: http://www.epa.gov/ttn/oarpg.
• For more information about today’s rulemaking, contact Candace Sorrell at EPA’s Office of Air Quality Planning and Standards at (919) 541-1064 or sorrell.candace@epa.gov.
September 2nd, 2010
Restructuring of the EPA Stationary Source Audit Program
September 2nd, 2010
Upcoming Clean Air Act regulatory initiatives
•SO2 NAAQS – Final June 2010
•Ozone NAAQS Reconsideration – Final August 2010
•Utility Boiler New Source Performance Standards (NSPS) and Maximum Achievable Control Technology (MACT) – Proposed March 2011 / Final November 2011
•Transport Rule II (NOx) – Proposed Summer 2011 / Final Summer 2012
•PM NAAQS – Proposed February 2011 / Final October 2011
August 30th, 2010
ODEQ-EQC adopts updated air toxics concentrations
Oregon Department of Environmental Quality – Environmental Quality Commission unanimously adopted a new benchmark concentration for ethyl benzene and more protective benchmarks for lead and manganese at its August 19, 2010 meeting. The benchmark for mercury was clarified but the value unchanged. In response to public comments, DEQ committed to consider shorter term benchmarks, in addition to the annual average benchmarks, and bring a recommendation to the commission sometime next year.
August 20th, 2010
NESHAPS RICE Rule finalized and effective 10/19/2010 (Reciprocating Internal Combustion Engines)
SUMMARY: EPA is promulgating national emission standards for hazardous air pollutants for existing stationary spark ignition reciprocating internal combustion engines that either are located at area sources of hazardous air pollutant emissions or that have a site rating of less than or equal to 500 brake horsepower and are located at major sources of hazardous air pollutant emissions.
DATES: This final rule is effective on October 19, 2010.
August 16th, 2010
EPA extends the comment period on Federal Greenhouse Gas Accounting and Reporting
SUMMARY: This notice extends the comment period on draft guidance published in the Federal Register on July 16, 2010. The original date that the comment period would end was August 16, 2010. That date will now be extended until September 1, 2010
On October 5, 2009, President Obama signed Executive Order (E.O.) 13514–Federal Leadership in Environmental, Energy, and Economic Performance (74 FR 52117) in order to establish an integrated strategy toward sustainability in the Federal Government and to make reduction of greenhouse gas (GHG) emissions a priority for Federal agencies. Among other provisions, E.O. 13514 requires agencies to measure, report, and reduce their GHG emissions.
Section 9(a) of E.O. 13514 directed the Department of Energy’s (DOE’s) Federal Energy Management Program (FEMP), in coordination with the Environmental Protection Agency (EPA), Department of Defense (DoD), General Services Administration (GSA), Department of the Interior (DOI), Department of Commerce (DOC), and other agencies as appropriate, to develop recommended Federal GHG reporting and accounting procedures. On April 5, 2010, DOE-FEMP submitted the final recommendations on Federal GHG reporting and accounting procedures to the Chair, Council on Environmental Quality (CEQ).
Section 5(a) of E.O. 13514 directed that the Chair of CEQ issue guidance for Federal GHG accounting and reporting. Based on the final recommendations, CEQ has prepared a draft guidance document. CEQ is committed to open government principles and leading by example to ensure that the Federal Government is transparent in its processes for accounting and reporting of Federal GHG emissions.
The Federal Government seeks to continually improve both the quality of data and methods necessary for calculating GHG emissions. Over time, additional requirements, methodologies and procedures will be included in revisions to this document and supporting documents to improve the Federal Government’s overall ability to accurately account for and report GHG emissions. In particular, while a detailed approach to accepted and peer-reviewed life cycle methodologies is beyond the scope of the current version of this guidance document, the Federal Government is interested in including such approaches in future versions, and may request comment on inclusion of life cycle methodologies in future versions of this Guidance document.
CEQ provides this draft guidance for public review and comment to ensure accessibility of Federal accounting and reporting requirements and to enhance the quality of public involvement in governmental decisions relating to the environment.
August 10th, 2010
Portland Cement MACT: EPA Sets First National Limits to Reduce Mercury and Other Toxic Emissions from Cement Plants
WASHINGTON –The U.S. Environmental Protection Agency (EPA) is issuing final rules that will protect Americans’ health by cutting emissions of mercury, particle pollution and other harmful pollutants from Portland cement manufacturing, the third-largest source of mercury air emissions in the United States. The rules are expected to yield $7 to $19 in public health benefits for every dollar in costs. Mercury can damage children’s developing brains, and particle pollution is linked to a wide variety of serious health effects, including aggravated asthma, irregular heartbeat, heart attacks, and premature death in people with heart and lung disease.
“Americans throughout the country are suffering from the effects of pollutants in our air, especially our children who are more vulnerable to these chemicals,” EPA Administrator Lisa P. Jackson said. “This administration is committed to reducing pollution that is hurting the health of our communities. With this historic step, we are going a long way in accomplishing that goal. By reducing harmful pollutants in the air we breathe, we cut the risk of asthma attacks and save lives.”
This action sets the nation’s first limits on mercury air emissions from existing cement kilns, strengthens the limits for new kilns, and sets emission limits that will reduce acid gases. This final action also limits particle pollution from new and existing kilns, and sets new-kiln limits for particle and smog-forming nitrogen oxides and sulfur dioxide.
When fully implemented in 2013, EPA estimates the annual emissions will be reduced:
Mercury – 16,600 pounds or 92 percent
- Total hydrocarbons – 10,600 tons or 83 percent
- Particulate Matter – 11,500 tons or 92 percent
- Acid gases – (measured as hydrochloric acid): 5,800 tons or 97 percent
- Sulfur dioxide (SO2)– 110,000 tons or 78 percent
- Nitrogen oxides (NOx) – 6,600 tons or 5 percent
Mercury in the air eventually deposits into water, where it changes into methylmercury, a highly toxic form that builds up in fish. People are primarily exposed to mercury by eating contaminated fish. Because the developing fetus is the most sensitive to the toxic effects of methylmercury, women of childbearing age and children are regarded as the populations of greatest concern.
EPA estimates that the rules will yield $6.7 billion to $18 billion in health and environmental benefits, with costs estimated at $926 million to $950 million annually in 2013. Another EPA analysis estimates emission reductions and costs will be lower, with costs projected to be $350 million annually.
More information: http://www.epa.gov/ttn/oarpg/t3pfpr.html
August 6th, 2010
EPA extends comment period 30 days for compression and spark ignition IC engines
SUMMARY: On June 8, 2010, EPA proposed amendments to the standards of performance for stationary compression ignition and spark ignition internal combustion engines. In this notice, we are announcing a 30-day extension of the public comment period for the proposal.
DATES: Comments must be received on or before September 8, 2010.
August 4th, 2010
EPA Rejects Claims of Flawed Climate Science
WASHINGTON – The U.S. Environmental Protection Agency (EPA) today denied 10 petitions challenging its 2009 determination that climate change is real, is occurring due to emissions of greenhouse gases from human activities, and threatens human health and the environment.
The petitions to reconsider EPA’s Endangerment Finding claim that climate science cannot be trusted, and assert a conspiracy that invalidates the findings of the Intergovernmental Panel on Climate Change (IPCC), the U.S. National Academy of Sciences, and the U.S. Global Change Research Program. After months of serious consideration of the petitions and of the state of climate change science, EPA finds no evidence to support these claims. In contrast, EPA’s review shows that climate science is credible, compelling, and growing stronger.
“The endangerment finding is based on years of science from the U.S. and around the world. These petitions — based as they are on selectively edited, out-of-context data and a manufactured controversy — provide no evidence to undermine our determination. Excess greenhouse gases are a threat to our health and welfare,” said EPA Administrator Lisa P. Jackson. “Defenders of the status quo will try to slow our efforts to get America running on clean energy. A better solution would be to join the vast majority of the American people who want to see more green jobs, more clean energy innovation and an end to the oil addiction that pollutes our planet and jeopardizes our national security.”
CONTACT: Cathy Milbourn (News Media Only) Milbourn.cathy@epa.gov 202-564-4355 July 29, 2010
July 23rd, 2010
BOILER MACT comment period extended again
SUPPLEMENTARY INFORMATION: In today’s action, EPA is providing additional time to submit public comment on the following proposed rules: Emissions standards for industrial, commercial, and institutional boilers and process heaters located at major sources (the major source boilers rule); emissions standards for industrial, commercial, and institutional boilers located at area sources (the area source boilers rule); and emissions standards for commercial and industrial solid waste incineration units (the CISWI rule). In the notices of proposed rulemaking for these rules, EPA established a deadline of July 19, 2010, for submission of public comments. On June 9, 2010, EPA extended the public comment period to August 3, 2010. 75 FR 32682. Today, EPA is further extending the deadline for providing comments on these proposed rules to August 23, 2010.
EPA also notes that certain additional materials relating to the maximum achievable control technology (MACT) floors have been added to the dockets for the major and area source boilers proposed rules and the CISWI proposed rule since the date of publication of the proposed rules. At the time of publication of the proposed rules, the docket contained Adobe Acrobat(copyright) versions of the spreadsheets used in the MACT floor calculations, as well as associated memoranda describing in detail EPA’s calculation of the MACT floor for each proposed set of emissions standards. Since the publication date, EPA has added to the docket the same spreadsheets in Excel format.
July 6th, 2010
EPA proposes “CAIR revisions” – new rules for upwind sources
WASHINGTON– The U.S. Environmental Protection Agency (EPA) is proposing regulations to cut air pollution that impairs air quality and harms the health of people living downwind. The regulation will target power plant pollution that drifts across the borders of 31 eastern states and the District of Columbia. Air pollution is linked to thousands of asthma cases and heart attacks, and almost 2 million lost school or work days. Along with local and state air pollution controls, the new proposal, called the transport rule, is designed to help areas in the eastern United States meet existing national air quality health standards.
“This rule is designed to cut pollution that spreads hundreds of miles and has enormous negative impacts on millions of Americans,” said EPA Administrator Lisa P. Jackson. “We’re working to limit pollution at its source, rather than waiting for it to move across the country. The reductions we’re proposing will save billions in health costs, help increase American educational and economic productivity, and — most importantly — save lives.”
The transport rule would reduce power plant emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx) to meet state-by-state emission reductions. By 2014, the rule and other state and EPA actions would reduce SO2 emissions by 71 percent over 2005 levels. NOx emissions would drop by 52 percent.
EPA is using the “good neighbor” provision of the Clean Air Act to reduce interstate transport, which is the upwind state emissions that contribute to air quality problems in downwind states. The proposed rule sets in place a new approach that can and will be applied again as further pollution reductions are needed to help areas meet air quality health standards.
SO2 and NOx react in the atmosphere to form fine particle pollution and ground-level ozone (smog), which are linked to widespread illnesses and premature deaths. These pollutants are carried on the wind to other states, contributing to health problems for their residents and interfering with states’ ability to meet air quality standards.
Today’s action would yield more than $120 billion in annual health benefits in 2014, including avoiding an estimated 14,000 to 36,000 premature deaths, 23,000 nonfatal heart attacks, 21,000 cases of acute bronchitis, 240,000 cases of aggravated asthma, and 1.9 million days when people miss school or work due to ozone- and particle pollution-related symptoms. These benefits would far outweigh the annual cost of compliance with the proposed rule, which EPA estimates at $2.8 billion in 2014.
EPA expects that the emission reductions will be accomplished by proven and readily available pollution control technologies already in place at many power plants across the country.
The transport rule also would help improve visibility in state and national parks and would increase protection for ecosystems that are sensitive to pollution, including streams in the Appalachians, lakes in the Adirondacks, estuaries and coastal waters, and red maple forests.
The proposal would replace and improve upon the 2005 Clean Air Interstate Rule (CAIR), which the U.S. Court of Appeals for the D.C. Circuit ordered EPA to revise in 2008. The court allowed CAIR to remain in place temporarily while EPA works to finalize the replacement rule proposed today.
EPA will take public comment on the proposal for 60 days after the rule is published in the Federal Register. The agency also will hold public hearings. Dates and locations for the hearings will be announced shortly.
More information: http://www.epa.gov/airtransport