Current Topics In Air Quality

Transcription

1 76 th KSPE Annual Convention Current Topics In Air Quality Sean Alteri, Assistant Director Division for Air Quality Department for Environmental Protection Energy and Environment Cabinet

2 Current Topics in Air Quality Greenhouse Gas Regulations Boiler and Incinerator MACTs Utility MACT Other and Upcoming Rule Promulgations

3 Greenhouse Gas Regulations Federal Promulgation Kentucky s Adoption Legal Issues Permitting Guidance (Updated)

4 Federal Promulgation of GHG Rules APRIL Mass et. al. v. EPA: the Supreme Court ruled that GHG emissions constitute air pollution and USEPA must determine whether that pollution threatens the health and welfare of Americans. NOVEMBER Deseret Power Electric Cooperative: EAB remands PSD permit issued by Region 8 that did not contain BACT limits for CO2. DECEMBER The Johnson Memo is issued: USEPA Administrator determines that CO2 is not a regulated NSR Pollutant. SEPTEMBER USEPA realizes that permitting of GHG emissions under the current NSR framework would create a big old mess and opens comment period on reconsideration and proposes tailoring of PSD & Title V rules for CO2 emissions DECEMBER Endangerment and Cause or Contribute Finding USEPA determines that GHG emissions threaten public health and welfare and are subject to regulation. FEBRUARY USEPA Administrator issues policy letter indicating that permitting of large sources of GHG will not occur until MARCH USEPA completes reconsideration of Johnson decision. APRIL USEPA and DOT finalize the Light- Duty Vehicle Greenhouse Gas Emissions Standards and Corporate Average Fuel Economy standards. MAY Final Tailoring Rule.

5 Kentucky Adoption of GHG Regulations July 14, 2010 August 1, 2010 August 24, 2010 Proposed regulations filed with LRC Proposed regulations published in the Administrative Register of Kentucky Public Hearing October 15, 2010 Statement of Consideration filed with LRC November 9, 2010 Administrative Regulation Review Subcommittee (ARRS) Meeting December 2, 2010 Interim Joint Committee on Natural Resources and Environment January 3, 2011 Effective Date of Regulations and EPA approval (75 FR 81868)

6 Legal Issues with GHG Regulations Comments on the proposed rulemakings: December 18, 2009, and August 30, 2010, the Cabinet submitted adverse comments in response to the proposed Tailoring Rule and SIP Call, which addressed the legal, programmatic, and technical deficiencies of these federal rules Amicus Filing: September 27, 2010, the Commonwealth of Kentucky, through the Office of General Counsel for the Energy and Environment Cabinet, filed a notice of intent to participate as amicus curiae in support of the position of the State of Alabama, et. al., in the legal challenge petitioned by Southeastern Legal Foundation, et. al. v. EPA (Case No , Document ).

7 Boiler and Incinerator MACTs February 21, EPA issued final rules that will reduce air pollutant emissions from new and existing Boilers (Major and Area Sources) Commercial and Industrial Solid Waste Incinerators (CISWI) Sewage Sludge Incinerators (SSI)

8 Major Source Boiler MACT Numeric emission limits for the following pollutants: Mercury Dioxin Particulate Matter (PM) (surrogate for non-mercury metals) Hydrogen Chloride (HCl) (surrogate for acid gases) Carbon Monoxide (CO) (surrogate for non-dioxin organic air toxics)

9 Major Source Boiler MACT Work Practice Standards instead of numeric emission limits for the following: New and existing natural gas-fired and refinery gas-fired units New and existing units with heat input capacity < 10 MMBtu/hr New and existing units with limited use boilers ounits operated less than 10% of the year oemergency and backup boilers

10 Major Source Boiler MACT Monitoring requirements are based upon boiler size: Largest sources must continuously monitor PM emissions Units > 10 MMBtu/hr must monitor oxygen (measure for good combustion) Existing major source facilities must conduct a one-time energy assessment to identify costeffective energy conservation measures

11 Area Source Boiler MACT An Area Source Facility is one that emits or has the potential to emit less than 10 tons per year (tpy) of any single hazardous air pollutant (HAP) or less than 25 tpy of any combination of HAPs Large boilers have a heat input capacity equal to or greater than 10 MMBtu/hr Small boilers have a heat input capacity less than 10 MMBtu/hr

12 Area Source Boiler MACT For New Large Boilers, the Final Rule requires the following: Coal-fired units must meet emission limits for mercury, PM, and CO Biomass and oil-fired units must meet PM emission limits For Existing Large Boilers, the Final Rule requires the following: Coal-fired units must meet emission limits for mercury and CO Biomass and oil-fired units must meet work practice standard or management practice (tune-up every 2 years) All area source facilities with large boilers are required to conduct an energy assessment to identify cost-effective energy conservation measures

13 Commercial and Industrial Solid Waste Incinerators (CISWI) February 21, EPA finalized revisions to the December 2000 new source performance standards (NSPS) and emission guidelines for new and existing commercial and industrial solid waste incineration (CISWI) units. Expected to impact 88 units. The emission limits will require reductions for 85 of the 88 currently operating CISWI. The units will need to comply no later than three years after EPA approves a state plan to implement these standards or by February 21, 2016, whichever is earlier.

14 Sewage Sludge Incinerators (SSI) February 21, EPA finalized new source performance standards (NSPS) and emission guidelines for new and existing sewage sludge incineration (SSI) units. Expected to impact 204 units. 155 of these units are currently meeting the emissions limits 40 will need to install one or more air pollution control devices In the next five years, EPA estimates that there could be two new SSI units constructed.

15 UTILITY MACT March 16, 2011 EPA issues proposed Utility MACT and amended New Source Performance Standard (NSPS) Specifically regulates toxic emissions from new and existing coal- and oil-fired electric utility steam generating units (EGUs) Hazardous air pollutants targeted: Heavy Metals, including Mercury Arsenic, Chromium, Nickel Acid Gases, including Hydrogen Chloride Hydrogen Fluoride

16 UTILITY MACT Existing and New Coal-fired EGUs: Numerical emission limits established for the following pollutants: Mercury PM (surrogate for non-hg metals) HCl Existing and new oil-fired EGUs: Numerical emission limits metals, HCl, and HF. Compliance with the metals standards is through fuel testing.

17 Other Air Quality Topics Revised NAAQS for SO 2 and NO x Proposed Transport Rule Proposed Ozone NAAQS revision Potential Revision to PM 2.5 Standard

18 Questions? Contact Information: Sean Alteri Assistant Director Division for Air Quality 200 Fair Oaks Lane 1 st Floor Frankfort, KY Sean.Alteri@ky.gov (502) ext.4402