Archive for January, 2011

EPA to Hold Five Listening Sessions on Updating the Clean Air Act’s Pollution Standards for Power Plants, Refineries

Friday, January 28th, 2011

   The U.S. Environmental Protection Agency (EPA) will hold five listening sessions to help the agency update the Clean Air Act pollution standards to reduce greenhouse gas (GHG) pollution from fossil fuel power plants and petroleum refineries. The listening sessions will be open to the public and will help EPA develop a common-sense approach to reduce GHGs from two of the largest industrial pollution sources, which are responsible for nearly 40 percent of the GHG pollution in the United States. Reducing greenhouse gas pollution can also result in reductions to other harmful air pollutants emitted by these facilities.

 The agency is in the process of gathering information and seeking important input and, as part of a settlement agreement announced December 23, 2010, will propose GHG standards based on existing technologies for power plants in July 2011 and for refineries in December 2011.  The agency will issue final standards in May 2012 and November 2012, respectively.

 In addition to these GHG New Source Performance Standards the agency is also addressing other pollutants, including mercury and particle pollution, in separate, coordinated actions.

 The feedback from these sessions will play an important role in helping EPA develop smart, cost-effective and protective standards that reflect the latest and best information available. The agency will solicit additional public comment during the usual notice and comment period – including the opportunity for a formal public hearing – after the proposals have been published and before they go into effect.

 Each listening session is scheduled to last two hours and will feature a facilitated round table discussion among stakeholder representatives who have been identified and selected for their expertise in the Clean Air Act standard-setting process. The agency has asked key stakeholder groups to identify these round table participants.

 Registration is not required to attend the sessions. There will be a short period of time at the end of each session for the public to provide comments. The March 4 session will allow additional time for the public to provide feedback. To speak during these times, please notify EPA when signing in to the session. If you do not have the opportunity to speak during these times or you cannot make it to the sessions, written comments on these planned rulemakings may also be submitted. The agency requests that written comments be submitted by March 18, 2011. 

 For interested persons who are not able to attend the sessions, each session will be webcast and recorded for later viewing via the EPA website at http://www.epa.gov/live.

 More information and instructions for submitting written comments: http://www.epa.gov/airquality/listen.html

 Listening Sessions

 Session 1: Electric Power Industry Representatives

Date: Feb. 4         Time: 1 p.m. to 3 p.m.       Session Location: Washington, D.C.      EPA Ariel Rios East Building
1301 Constitution Avenue, N.W.      Room 1153       Washington, D.C.

 Session 2: Environmental and Environmental Justice Organization Representatives

Date: Feb. 15      Time: 1 p.m. to 3 p.m.       Session Location: Atlanta, Ga.      Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W.      Atlanta/Augusta Room      Atlanta, Ga.

 Session 3: State and Tribal Representatives

Date: Feb. 17       Time: 1 p.m. to 3 p.m.       Session Location: Chicago, Ill.      Ralph Metcalfe Federal Building 
77 West Jackson Blvd.     Lake Michigan Room      Chicago, Ill.     

Session 4: Coalition Group Representatives

Date: Feb. 23      Time: 10 a.m. to 12 p.m.    Session Location: Washington, D.C.     EPA Ariel Rios East Building
1301 Constitution Avenue, N.W.       Room 1153      Washington, D.C.

 Session 5: Petroleum Refinery Industry Representatives

Date: March 4       Time: 10 a.m. to 12 p.m. and public comments 1 p.m. to 2:30 p.m.    Session Location: Washington, D.C.       EPA Ariel Rios East Building       1301 Constitution Avenue, N.W.      Room 1153    Washington, D.C.

CONTACTS:      Enesta Jones      jones.enesta@epa.gov          202-564-7873           202-564-4355    
                                 Cathy Milbourn   milbourn.cathy@epa.gov   202-564-7849           202-564-4355
 January 28, 2011

EPA Announces Next Steps on Emissions Standards for Boilers, Certain Incinerators

Thursday, January 27th, 2011

 Today a federal District Court judge in Washington D.C. issued an order extending by 30 days EPA’s deadline to issue emission standards for large and small boilers and solid waste and sewage sludge incinerators. EPA is disappointed that the extension was not longer. However, the agency will work diligently to issue these standards by this new deadline.

 The standards will be significantly different than what EPA proposed in April 2010. The agency believes these changes still deserve further public review and comment and expects to solicit further comment through a reconsideration of the rules. Through the reconsideration process, EPA intends to ensure that the rules will be practical to implement and will protect all Americans from dangerous pollutants such as mercury and soot, which can damage children’s developing brains, aggravate asthma and cause heart attacks. The agency is considering all other options for addressing these issues before the rules would become effective 60 days after publication in the Federal Register.

 EPA received more than 4,800 comments and additional data during the public comment period for these rules. This information shed new light on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler types. Given the extensive comments, EPA filed a motion with the court asking for more time to fully evaluate all the comments and data and finalize the rules.     Jan. 20th, 2011    

 More information: http://www.epa.gov/airquality/combustion

NESHAPS for: Gasoline Distribution Bulk Terminals and Plants, Pipeline and Dispensing Facilities

Thursday, January 27th, 2011

EPA promulgates amendments to the National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities, which EPA promulgated on January 10, 2008, and amended on March 7, 2008. In this action, EPA is finalizing amendments and clarifications to certain definitions and applicability provisions of the final rules in response to some of the issues raised in the petitions for reconsideration. In addition, several other compliance-related questions posed by various individual stakeholders and State and local agency representatives are addressed in this action. EPA is denying reconsideration on one issue raised in a petition for reconsideration received by the Agency on the final rules.

EPA direct final rule amendments for Portland Cement NSPS & NESHAPS might go into effect March 21, 2011

Tuesday, January 18th, 2011

SUMMARY: The EPA is taking direct final action on amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) from the Portland Cement Manufacturing Industry and Standards of Performance (NSPS) for Portland Cement Plants. The final rules were published on September 9, 2010. This direct final action amends certain regulatory text to clarify compliance dates and clarifies that the previously issued emission limits that were changed in the September 9, 2010, action remain in effect until sources are required to comply with the revised limits. We are also correcting two minor typographical errors in the regulatory text to the September 9, 2010 action.

DATES: The direct final rule is effective on March 21, 2011, without further notice, unless EPA receives significant adverse written comment by February 17, 2011, or if a public hearing is requested by February 2, 2011. If significant adverse comments are received, EPA will publish a timely withdrawal in the Federal Register clarifying which provisions will become effective and which provisions are being withdrawn due to adverse comment.

ACTION: Direct Final rule; amendments.

EPA Amends Proposed Portland Cement Plant Rules (Part 60 NSPS and Part 63 NESHAP)

Tuesday, January 18th, 2011

SUMMARY: The EPA is taking action on amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) and Standards of Performance (NSPS) for Portland Cement Plants. The final rules were published on September 9, 2010. This action amends certain text in the final rules to clarify compliance dates and to restore the previously issued emission limits that we changed in the September 9, 2010 action.  They are also correcting two minor typographical errors.

DATES: Comments must be received on or before February 17, 2011. If any one contacts EPA by February 2, 2011 requesting to speak at a public hearing, EPA will hold a public hearing on February 7, 2011.

[EPA-HQ-OAR-2002-0051; EPA-HQ-OAR-2007-0877; FRL-9253-5] RIN 2060-AQ59

EPA to Defer GHG Permitting Requirements for Industries that Use Biomass

Thursday, January 13th, 2011

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is announcing its plan to defer, for three years, greenhouse gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources. The agency intends to use this time to seek further independent scientific analysis of this complex issue and then to develop a rulemaking on how these emissions should be treated in determining whether a Clean Air Act permit is required.

 “We are working to find a way forward that is scientifically sound and manageable for both producers and consumers of biomass energy.  In the coming years we will develop a commonsense approach that protects our environment and encourages the use of clean energy,” said EPA Administrator Lisa P. Jackson.  “Renewable, homegrown power sources are essential to our energy future, and an important step to cutting the pollution responsible for climate change.”

 By July 2011, EPA plans to complete a rulemaking that will defer permitting requirements for CO2 emissions from biomass-fired and other biogenic sources for three years. During the three-year period, the agency will seek input on critical scientific issues from its partners within the federal government and from outside scientists who have relevant expertise. EPA will also further consider the more than 7,000 comments it received from its July 2010 Call for Information, including comments noting that burning certain types of biomass may emit the same amount of CO2 emissions that would be emitted if they were not burned as fuel, while others may result in a net increase in CO2 emissions. Before the end of the three-year period, the agency intends to issue a second rulemaking that determines how these emissions should be treated or counted under GHG permitting requirements.

 The agency will also issue guidance shortly that will provide a basis that state or local permitting authorities may use to conclude that the use of biomass as fuel is the best available control technology for GHG emissions until the agency can complete action on the three-year deferral in July.

 In a separate but related letter, EPA is notifying the National Alliance of Forest Owners that it will grant its petition to reconsider the portion of the May 2010 tailoring rule that addresses the same issue.

 CO2 emissions from biomass-fired and other biogenic sources are generated during the combustion or decomposition of biologically based material. Sources covered by this decision would include facilities that emit CO2 as a result of burning forest or agricultural products for energy, wastewater treatment and livestock management facilities, landfills and fermentation processes for ethanol production.

 On January 2, 2011, air permitting requirements began for large GHG emitting industries that are planning to build new facilities or make major modifications to existing ones. These facilities must obtain air permits and implement energy efficiency measures or, where available, cost-effective technology to reduce their GHG emissions. This includes the nation’s largest GHG emitters, such as power plants and refineries. Emissions from small sources, such as farms and restaurants, are not covered by these GHG permitting requirements.

 More information: http://www.epa.gov/nsr

SJVUAPCD Public Workshops for Title V Permit Applications

Friday, January 7th, 2011

San JoaquinValley APCD will hold workshops to discuss and provide guidance for the submittal of initial Title V applications for facilities that become major stationary sources pursuant to the District becoming re-classified as “Extreme” non-attainment status for the eight-hour ozone standard.  

The public workshops will be presented in-person, via video teleconferencing (VTC), and via webcast at the District offices on the following dates and times:   January 18, 2011 (Tuesday) at 1:30 pm, In-person workshop: Fresno, VTC: Bakersfield and Modesto,  January 25, 2011 (Tuesday) at 1:30 pm, In-person workshop: Modesto,  VTC: Bakersfield and Fresno, January 27, 2011 (Thursday) at 1:30 pm, In-person workshop: Bakersfield, VTC: Fresno and Modesto.   Wbcast for all three workshops: www.valleyair.org/Workshops/public_workshops_idx.htm

Revisions to the California State Implementation Plan, San Joaquin Valley Air Pollution Control District (SJVUAPCD)

Friday, January 7th, 2011

EPA is proposing a limited approval and limited disapproval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from crude oil production operations and refineries. EPA is proposing action on local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). They are taking comments on this proposal and plan to follow with a final action.