Mercury Standard For Power Plants Extended Comment Period

In response to requests from Congress and to allow additional public comment, EPA has extended the timeline for public input on the proposed mercury and air toxics standards applicable to coal-fired power plants. The 30-day extension will not alter the timeline for issuing the final standards in November 2011.

EPA proposed the national mercury and air toxics standards in March. The standards will be phased in over 3 years, and states have the ability to give facilities a fourth year to comply. Currently, EPA estimates that more than half of all coal-fired power plants already deploy widely available pollution control technologies that are called for to meet the proposed standards. Once final in November, these standards will require the remaining coal-fired plants, roughly 44%, take similar steps to decrease emissions.

Caltha LLP provides expert environmental consultant services in Illinois to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

316(b) Standards Proposed For Cooling Water Intakes

As required by Section 316(b) of the Clean Water Act and pursuant to a settlement agreement, the U.S. Environmental Protection Agency (EPA) has released for public comment standards to protect fish and other aquatic organisms potentially drawn into cooling water systems at large power plants and factories. Safeguards against impingement will be required for all facilities above a minimum size; closed-cycle cooling systems may also be required on a case by case basis when, based on thorough site-specific analysis by permitting authorities, such requirements are determined to be appropriate. EPA is proposing this regulation as a result of a settlement agreement with Riverkeeper, Inc. and other environmental groups.

Technology Standards:

Fish Impingement: Existing facilities that withdraw at least 25 % of their water exclusively for cooling purposes and have a design intake flow of greater than 2 million gallons per day (MGD) would be required to reduce fish impingement under the proposed regulations. The owner or operator of the facility will be able to choose one of two options for meeting best technology available requirements for reducing impingement. They may conduct monitoring to show the specified performance standards for impingement mortality of fish and shellfish have been met, or they may demonstrate to the permitting authority that the intake velocity meets the specified design criteria. EPA estimates that more than half of the facilities that could be impacted by this proposed rule already employ technologies that are likely to put them into compliance with the proposed standard.

Fish Entrainment: EPA is proposing a site-specific determination to be made based on local concerns and on the unique circumstances of each facility. This proposed rule establishes requirements for the facility owner to conduct comprehensive studies and develop other information as part of the permit application, and then establishes a public process, with opportunity for public input, by which the appropriate technology to reduce entrainment mortality would be implemented at each facility after considering site-specific factors. Because new units can incorporate the most efficient, best-performing technology directly into the design stage of the project, the proposed rule would require closed-cycle cooling (cooling towers) for new units at existing facilities, as is already required for new facilities. The public will be able to comment on the proposed rule upon its publication in the Federal Register. EPA will conduct a 90 day comment period, and consider comments before taking final action on the proposal. Final rules must be published by July 27, 2012.

Caltha LLP provides expert environmental consultant services in Illinois to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Greenhouse Gas Ruling for IEPA Air Permits

U.S. EPA's Environmental Appeals Board recently issued a decision concerning greenhouse gas requirements of air permits in Illinois. This case involved a petition for review filed by the Sierra Club challenging certain conditions of a prevention of significant deterioration (“PSD”) permit issued by the Illinois Environmental Protection Agency for construction of a synthetic natural gas manufacturing plant.

The Sierra Club raised several issues, including that the permit failed to regulate greenhouse gases. According to Sierra Club, greenhouse gases constitute "contaminants" causing or contributing to "air pollution" under IEPA rules. However, the Illinois EPA disagreed and made its case that IEPA does not interpret State rules as requiring regulation of greenhouse gas emissions.

The Board deferred to Illinois EPA's interpretation and rejected Sierra Club's argument. Because the IEPA had interpreted the disputed provision of its state SIP as inapplicable to greenhouse gases, and because this interpretation did not appear unreasonable, the Appeals Board declined to substitute its judgment for that of the IEPA and denied review of this issue.

Caltha LLP provides expert environmental consultant services in Illinois to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Transport Rule Proposed Under Clean Air Act

U.S. Environmental Protection Agency (EPA) is proposing regulations targeting power plant emissions that drift across the borders of 31 eastern states and the District of Columbia, commonly referred to as the Transport Rule.

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.

The proposal would replace 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 worked to finalize the replacement rule.

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.

Caltha LLP provides expert environmental consultant services in Illinois to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Regulatory Updates - Environmental Compliance Requirements

Caltha LLP maintains several websites to provide regulatory updates and discussion of current environmental, health and safety topics, as listed below. Interested parties can register to receive automatic notification when a new topic is posted.

SWPPP - Stormwater Pollution Prevention Plans - Stormwater Permits - Stormwater Training
Discussions and comments on stormwater permitting programs in all States, including industrial, municipal (MS4) and construction sites. Topics include general stormwater permits, Stormwater Pollution Prevention Plans, monitoring, training, spill prevention and control, SPCC compliance.

Water Quality Standards - Aquatic Toxicology - NPDES Permit Limits
Discussion of a variety of topics related to State and Federal water quality standards, ambient water quality criteria, sediment criteria, NPDES & site-specific discharge standards, water quality management, aquatic toxicology, aquatic community impacts, and water quality assessment.

Environmental Sustainability - Sustainable Environmental Management Systems
Discussion of sustainability topics, including pollution prevention, waste reduction, material reuse, environmental management systems, product stewardship, and international environmental standards.

Environmental Due Diligence - Site Assessments - Phase I ESA - Environmental Liability
Discussions and comments regarding environmental due diligence, environmental liabilities, CERCLA liabilities, Phase I environmental site assessments, corporate liabilities, environmental compliance liabilities, quantitative environmental liability assessment.

Regulatory Briefings
Regulatory Briefings are published periodically by Caltha to highlight new or proposed regulations on a wide range of environmental, health & safety topics. These briefings are generally 2- to 4-pages in length and provide an overview of the regulations and discuss potential impacts on the regulated community. Participants must sign up to receive an email link to new Regulatory Briefings as they are posted.

Caltha LLP provides expert environmental consultant services in Illinois to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Illinois (IEPA) Clean Air Mercury Rule - Proposed Updates

Illinois' Clean Air Mercury Rule (CAMR) provides for the control of mercury from coal-fired electric generating units. IEPA regards the majority of the rule as in effect despite the fact that the federal CAMR rule has been vacated. However, a number of monitoring, recordkeeping, and reporting provisions simply incorporated the federal CAMR rule by reference, and so are no longer valid. Therefore, the Illinois rule must be amended.

Currently the Illinois Pollution Control Board to update the Illinois' Clean Air Mercury Rule (CAMR). CAMR regulates mercury emissions from coal-fired electric generating units. The proposed rule no longer requires a CEMS, but allows periodic emissions testing as an alternative. Additionally, under the proposed rule, units complying with the Multi-Pollutant Standard or the Combined-Pollutant Standard can elect to comply with these monitoring requirements or with semi-annual emissions testing requirements

Under current rules, emissions monitoring must have commenced by January 1, 2009. However, in the proposed rule, this deadline is extended until July 1, 2009. The proposed rule also amends reporting requirements.

Caltha LLP provides expert environmental consultant services in Illinois to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website