Amendment For Diesel Sulfur Rule For Transmix and Pipelines

EPA has issued a final rule to amend provisions in the diesel sulfur fuel programs to provide necessary flexibility for transmix processors and pipeline operators who produce locomotive and marine diesel fuel. The diesel transmix amendments will reinstate an allowance for transmix processors and pipeline operators to produce 500 ppm sulfur diesel fuel for use in older technology locomotive and marine diesel outside of the Northeast Mid-Atlantic (NEMA) Area and Alaska after 2014.

These provisions were originally put in place as a necessary flexibility to address feasibility and cost issues associated with handling of the transmix volume generated in the pipeline distribution system. These provisions allowed the fuel distribution system to continue to function while transitioning to ultra-low sulfur diesel fuel (ULSD). The technology to economically reduce the sulfur content of transmix distillate product to 15 ppm at transmix processor and pipeline facilities did not exist, and any alternative measures of disposing of transmix were likewise deemed infeasible or cost prohibitive as the market was then configured. Thus, in order to implement the ULSD regulations, an outlet for the consumption of transmix distillate product was necessary. With no outlet, transmix would build up in storage tanks and pipelines would need to cease operations. When the ULSD standards were expanded to nonroad, locomotive, and marine (NRLM) diesel fuel, this would have removed the sole outlet in most areas of the country.

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Final Boiler and Process Heater NESHAP Released

On December 21, 2012, the Environmental Protection Agency (EPA) released air pollution rules regulating hazardous air emissions from industrial boilers and process heaters. This package of combustion rules includes a revised version of the Industrial Boiler Maximum-Achievable Control Technology standard (Boiler MACT).

The final combustion rule package addresses major and area source industrial boilers, as well as commercial and industrial solid waste incinerators (CISWI). These rules provide new emissions limits, compliance dates and important clarifications on how the rules are to be implemented. The rule package also includes guidance for defining whether non-hazardous secondary materials (NHSM) are to be considered a solid waste or a fuel, which is a critical decision for determining whether combustion of such materials must be regulated under the generally more stringent incinerator CISWI rules or the revised Boiler MACT rules.

Read a summary of the key changes from the March 2011 rules

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Mercury and Air Toxics Standards Reconsidered

US EPA has published a proposed rule to reconsider certain new source and startup and shutdown issues as they apply to the national air pollution standards for utilities and industrial steam-generating units. The NESHAP rule was issued under the Clean Air Act and is most often referred to as the Mercury and Air Toxics Standards (MATS). The new source performance standards (NSPS) being reconsidered are often referred to as the Utility NSPS.

EPA received petitions for reconsideration of aspects of the MATS and the Utility NSPS. In response, the Agency is reconsidering the requirements applicable during periods of startup and shutdown for MATS, the startup and shutdown provisions related to the particulate matter (PM) standard in the Utility NSPS, and certain revisions to "definitional and monitoring" provisions of the Utility NSPS. Finally, EPA is proposing technical corrections to the MATS and the Utility NSPS.

The Agency says it will accept comments on the aspects of the final MATS and Utility NSPS rules specifically identified in the Federal Register notice. Other aspects of the rules are not open for comment. Comments must be received on or before December 31, 2012.

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EPA Denies Waiver From Renewable Fuels Standard

On November 16, EPA announced that it has not found evidence to support a finding of severe “economic harm” that would warrant granting a waiver of the Renewable Fuels Standard (RFS). The Agency says the decision is based on economic analyses and modeling done in conjunction with the U.S. Department of Agriculture (USDA) and U.S. Department of Energy (DOE).

To support the waiver decision, EPA conducted several economic analyses. Economic analyses of impacts in the agricultural sector, conducted with USDA, showed that on average waiving the mandate would only reduce corn prices by approximately 1%. Economic analyses of impacts in the energy sector, conducted with DOE, showed that waiving the mandate would not impact household energy costs.

EPA found that the evidence and information failed to support a determination that implementation of the RFS mandate during the 2012-2013 time period would severely harm the economy of a State, a region, or the United States, the standard established by Congress in the Energy Policy Act of 2005 (EPAct).

The EPAct required EPA to implement a renewable fuels standard to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel. A waiver of the mandate requires EPA, working with USDA and DOE, to make a finding of "severe economic harm" from the RFS mandate itself.


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Stay Proposed For Final MATS Rule

EPA has announced that the agency is reviewing new technical information associated with the new source limits for toxics emitted from new power plants under the Mercury and Air Toxics Standards (MATS). According to EPA, the new information indicates that there may be technical challenges associated with monitoring mercury emissions at the levels set for new power plants.

These new plants would continue to rely on the same proven pollution control technologies to reduce mercury, acid gases, and particle pollution. The agency believes this information warrants further review and will follow an expedited, open, and transparent process that includes public comment on any proposed changes. The agency will also use its Clean Air Act authority to stay the final standards for new power plants for 90 days during this technical review.

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RFS Renewable Identification Number (RIN) Quality Assurance Program

Under the Clean Air Act, US EPA is responsible for developing and implementing regulations to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel. The Renewable Fuel Standard (RFS) program regulations finalized in 2007 (RFS1) and 2010 (RFS2) were developed in collaboration with refiners, renewable fuel producers, and many other stakeholders.

The RFS compliance program is based on the use of unique renewable identification numbers (RINs) assigned to batches of renewable fuel by renewable fuel producers and importers. These RINs can then be sold or traded, and used by any obligated party to demonstrate compliance with the applicable standard.

According to EPA, it has recently come to the agency’s attention that the production, transfer, and use of invalid RINs has resulted in violations for parties that were not aware that the RINs were invalid. To address this, EPA is considering development of a rule will propose a voluntary mechanism for ensuring that RINs have been appropriately generated. No schedule for the proposed rulemaking was released


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MATS Rule Reconsideration Request

A group of fossil fuel power generation developers have petitioned the U.S. District Court of Appeals in the District of Columbia to either expedite their case against the Environmental Protection Agency or order the agency to meet a deadline for revising the requirements of its Mercury and Air Toxics Standards (MATS). The developers originally sued the EPA over the requirements of the MATS program, which they contend are too burdensome and cannot be met in time for a variety of new coal- and oil-fired project to qualify for an exemption from the EPA's New Source Performance Standards (NSPS).

The court initially agreed with the developers, but in September put the case in abeyance while the EPA reconsidered the controversial parts of the MATS rules, with a deadline for finalizing changes by March 2013. The developers want to resolve the case  so they can meet the April 12, 2013 compliance deadline for exemption from NSPS. The developers are asking the court to issue a court order by November 15 that would force the EPA to comply with the March 2013 deadline or expedite the case so it can be resolved earlier.

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Amendment To Renewable Fuel Standard Proposed

EPA has announced plans to provide additional clarifications, modifications, and technical amendments to the Renewable Fuel Standard and to clarify, modify and technically amend other fuels programs. The Renewable Fuel Standard (RFS) 2 program was required by the Energy Independence and Security Act of 2007 (EISA 2007), which amended the Clean Air Act (CAA). The final regulations for RFS2 were published in the Federal Register on March 26, 2010. EPA has previously published clarifications and modifications, technical amendments, and new pathways to the final RFS2 regulations.

This proposed regulation would provide additional clarifications, modifications, and technical amendments to RFS2 and will clarify, modify and technically amend other fuels programs in 40 CFR Part 80. This proposed action would also propose amendments to Table 1 to Section 80.1426 of the RFS2 regulations to include additional fuel pathways and assign each pathway a D-Code. It would allow producers or importers of fuel produced under these pathways to generate Renewable Identification Numbers under the program, providing that the fuel meets the other requirements for renewable fuel.

This proposed action would outline EPA's lifecycle greenhouse gas evaluation, specified in Clean Air Act section 211(o), as amended by EISA for several new pathways. This proposed action would then add these pathways to the table of approved fuel pathways.


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Use of Biofuels To Meet Boiler MACT Rejected

EPA has rejected efforts to expand the renewable fuel standard (RFS) to permit heating oil biofuels used in boilers and power production to earn credit under the RFS. The decision was a setback for industries seeking the expansion as a way to ease compliance with EPA's pending boiler air toxics rule by using the lower-emitting oil.

EPA says fuel oils used to generate process heat, power, or other functions are not eligible for renewable identification number (RIN) credits that industry uses to adhere to the RFS, contending that these fuels are not within the scope of the definition of "home heating oil" that can qualify for the RFS as stipulated in the 2007 energy law. EPA's rule only expands the scope of existing fuels that qualify as heating oil under the RFS to qualify for credits under the standard. Thus far EPA has only permitted heating oil used in residential homes to gain RIN credits, but the rule expands that definition to include larger commercial buildings.

EPA is amending its boiler maximum achievable control technology (MACT) air toxics rule and an associated emissions standard for commercial and solid waste incinerators in response to industry comments that the original versions of the rules are too tough and would impose significant costs. Biofuel firms claim using their lower-emitting fuel to power boilers applicable to the MACT would help industries cut costs and make the rule achievable. Permitting biofuel heating oils used in boilers to qualify under the RFS would help spur a market for the fuels and boost the number of producers.


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New Federal Carbon Footprint Tool Released-Building GHG Reduction Planning Module Planned

On August 27, The U.S. General Services Administration (GSA) announced a new version of its GSA Carbon Footprint Tool. GSA offers tool to all federal agencies to assist them in compiling their annual comprehensive greenhouse gas (GHG) inventory and tracking their progress toward achieving their GHG reduction goals. The agency says there is no charge to use this tool.

The new upgrades include advanced analytics features to help users verify data, identify underperforming, and take corrective action. GSA says the redesign was based on extensive internal user experience audits, focus groups, and input from over 30 federal agencies. GSA believes the redesigned tool is easier to navigate, enables users to find and share key information faster, and offers better support for mobile devices. The redesign focuses on helping agencies save time and money associated with implementing GHG reductions under Executive Order 13514.

Highlights of the GSA Carbon Footprint Tool's redesign include:

• Aligning site navigation with the GHG inventory and reduction process. The Tool is now organized by key tasks—from initial agency site setup to data collection, second-party data verification, DOE FEMP Reporting Portal reporting, GHG reduction planning, and goal tracking.
• Enabling agencies to seamlessly import building energy data from EPA ENERGY STAR Portfolio Manager and GSA building and travel data systems. Data can also be downloaded for export to the DOE FEMP Reporting Portal with a single mouse click.
• Embedding a quality assurance review process that allows agencies to submit their GHG emissions data to agency administrators for second-party review and verification.
• Allowing agencies to share site and GHG emissions data on the GIS map fosters interagency collaboration for climate adaptation planning; and creating a benchmarking capability lets agencies compare their building energy and GHG emissions performance against other buildings within the portfolio and against industry averages.

GSA plans to release a Building GHG Reduction Planning module by the end of the year that will allow agencies to review the potential cost, payback period, return on investment, and GHG emissions reductions associated with building energy conservation measures. This feature will incorporate money-saving strategies in the initial planning processes so that agencies can focus their efforts on the implementation phases.


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Alliance of Hazardous Materials Professionals-NSC August Meeting

The North Star Chapter of the Alliance of Hazardous Materials Professionals (AHMP) is announcing its August General Membership Meeting. This month’s meeting focuses on indoor air quality topics and adjustments to air handling systems to improve performance.

Date: Thursday August 30, 2012
Time: 3:00 – 4:30 PM
Location: Institute for Environmental Assessment (IEA)
9201 W. Broadway, #600, Brooklyn Park, MN 55445

Agenda:
Indoor Air Quality/ Indoor Environmental Quality
This session will cover the key concepts of facility indoor environmental quality (IEQ) to provide a basic understanding of what factors impact a facilities indoor environment, especially in regards to mold and interior contaminants. Session will also discuss strategies to improve the IEQ in a facility.

Recommissioning HVAC Systems For Improved Air Quality and Energy Performance
Presentation will provide insight on recommissioning (renovating) of ventilation systems to improve air quality and energy performance. Discussion will include benefits and cost effective action items building owners and operators could consider to improve the indoor environment, as well as see benefits in energy efficiency.

General Membership Meeting
A brief general membership meeting will follow.
Membership:
The General Meeting is open to all North Star Chapter members – anyone else can become a member at the North Star Chapter website, or can print out the membership application ( http://ahmp-nsc.org/pdfs/memberap.pdf ) and bring it to the general meeting.

You do not need to be a Certified Hazardous Material Manager, or a member of the national AHMP group to be a member of the North Star Chapter.

Watch For Upcoming Meetings:
Tour of local hazardous and industrial waste treatment facility
Tour of local recycling operation

Temporary Stay On Parts Of MASTS Rule

US Environmental Protection Agency (EPA )has published a “partial stay” in the August 2 Federal Register, which puts a temporary halt on the national new source emissions standards for hazardous air pollutants from coal- and oil-fired electric utility steam generating units. Certain emissions limits to mercury and air toxics under the Clean Air Act have been placed on hold until November 2, 2012.

EPA issued the National Emissions Standards for Hazardous Air Pollutants (NESHAPS) for the source category, generally referred to as the mercury and air toxic standards (MATS Rules), on February 16, 2012. On July 20, the Agency issued a letter stating its intent to review the rule and grant petitions for reconsideration on certain new source issues related to the emissions standards, including measurement issues related to mercury, particulate matter, and hydrochloric acid.

The specific parts of the MATS Rule that have been placed on hold include 40 CFR 63.9984(a), 63.10005(g), 63.10030(c), Table 1 to Subpart UUUUU of 40 CFR Part 63, and row 2 of Table 3 to Subpart UUUUU of 40 CFR Part 63. The action also stays the effectiveness of any monitoring, recordkeeping, and reporting requirements related to new source standards. The rest of the rule, however, remains in effect.


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Review Of Mercury and Air Toxics Standards MATS

EPA has announced that it is reviewing new technical information used to develop emission limits for new power plants under the Mercury and Air Toxics Standards (MATS), provided by industry stakeholders after the rule was finalized. According to EPA, the review will have no impact on the standards already in place for existing power plants and is intended to provide greater certainty for five planned future facilities in Georgia, Texas, Kansas, and Utah.

EPA will review monitoring issued related to the MATS and will address other technical issues on the acid gas and particle pollution standards for new power plants. The Agency's review is not expected to change the types of pollution controls new power plants will install to reduce air pollution.

The Agency often uses reconsiderations such as this review to ensure that its standards incorporate all relevant information when information comes to light after a rule has been promulgated. EPA says it will follow an expedited, open, and transparent process that includes public comment on any proposed changes. The agency will complete the rulemaking by March 2013 and will also use its Clean Air Act authority to stay the final standards for new power plants for three months during this review.

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FERC Policy Regarding Mercury and Air Toxics Standards

The Federal Energy Regulatory Commission (FERC) has released a policy statement that outlines how it will advise EPA on requests for extra time for electric generators to comply with the new Mercury and Air Toxics Standards (MATS) rule. FERC says the policy addresses the need for timeliness, fairness, and transparency while respecting FERC's jurisdiction over reliability of the electric power system. FERC notes that the statement is not a policy regarding how it will handle all electric reliability concerns arising from compliance with EPA regulations.
Electric generators have 3 years to comply with the MATS. Some generators will be eligible for a 1-year extension and possibly an additional year if they need to meet specific reliability concerns. FERC's policy statement addresses this final year to comply. The Commission points out that any decision on whether to grant this additional time, and the extent to which FERC's advice is considered, rests entirely with EPA.

The FERC policy statement says:

• Generators should submit copies of their requests to EPA for extra time for compliance to FERC as informational filings.
• FERC's Office of Electric Reliability will lead the review of the filings under the Commission's general investigative authority; the reviews will examine whether compliance with EPA's rule could result in a violation of a FERC-approved reliability standard or other issues within FERC's jurisdiction.
• There are no specifically required analyses to show that operation of a generating unit beyond the compliance date is critical to maintain reliability, though informational filings should provide the types of data used by the Commission to examine potential violations of its mandatory reliability standards.
• The Commission will not seek comments on the informational filings, though EPA requires that requests for extra time contain any written comments by other parties. The EPA policy encourages such comments, which should be included in the informational filings.

When considering extension requests, FERC recommends EPA also seek advice from other reliability experts such as state regulators, regional market operators, planning authorities, and the North American Electric Reliability Corp. and its affiliated regional entities.

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EPA Proposes No Revision To Current Greenhouse Gas PSD Program

U.S. Environmental Protection Agency (EPA) is proposing not to change the greenhouse gas (GHG) permitting thresholds for the Prevention of Significant Deterioration (PSD) and Title V Operating Permit programs, and also proposing steps the agency believes would streamline the permitting process for large sources. EPA has proposed not to include additional, smaller sources in the permitting program at this time. EPA will be accepting comments on the proposal for 45 days after it is published in the Federal Register.

The GHG Tailoring Rule would continue to address a group of six greenhouse gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Under the approach maintained in the current proposal, new facilities with GHG emissions of at least 100,000 tons per year (tpy) carbon dioxide equivalent (CO2e) continue to be required to obtain PSD permits. Existing facilities that emit 100,000 tpy of CO2e and make changes increasing the GHG emissions by at least 75,000 tpy CO2e, must also obtain PSD permits. Facilities that must obtain a PSD permit, to include other regulated pollutants, must also address GHG emission increases of 75,000 tpy or more of CO2e. New and existing sources with GHG emissions above 100,000 tpy CO2e must also obtain operating permits.

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Electric Generating Units GHG NSPS For Existing Sources

US EPA has issued a pre-proposal notification for the development of a greenhouse gas new source performance standard (NSPS) for electric generating units. These emission guidelines will apply to existing sources. This action will amend the electric generating units (EGUs) New Source Performance Standard and add a section 111(d) greenhouse gas (GHG) standard for existing sources.

EPA did not indicate a schedule for publishing the Notice of Propose Rule Making (NPRM) in the Federal Register.

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Mercury and Air Toxics Standards For Power Plant Emissions

The U.S. Environmental Protection Agency (EPA) has issued the Mercury and Air Toxics Standards for power plant emissions of mercury and air toxics arsenic, acid gas, nickel, selenium, and cyanide. Power plants are the largest remaining source of several toxic air pollutants, including mercury, arsenic, cyanide, and a range of other pollutants, and emit about half of the mercury and over 75% of the acid gas emissions in the United States. More than half of all coal-fired power plants already deploy pollution control technologies that meet these achievable standards. Once final, the remaining plants take similar steps to decrease emissions.

The Mercury and Air Toxics Standards are being issued in response to a court deadline. Congress passed the 1990 Clean Air Act Amendments and mandated that EPA require control of toxic air pollutants including mercury. The Mercury and Air Toxics Standards and the Cross-State Air Pollution Rule, which was issued earlier this year, both reduce power plant emissions.

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New Jersey Petition To Limit Emissions From Pennsylvania Power Plant Granted

The U.S. Environmental Protection Agency (EPA) has granted a petition submitted by the New Jersey Department of Environmental Protection to limit sulfur dioxide (SO2) emissions from a Pennsylvania power plant. It was determined that emissions from the plant are adversely impacting air quality in Warren, Sussex, Morris and Hunterdon counties in New Jersey. This action is the first single-source petition EPA has granted and it will require the Portland Generating Station in Northampton County, PA to reduce its SO2 emissions within three years.

The final rule allows the Portland plant to choose the most cost-effective strategy for meeting these limits, including installing proven and widely available pollution control technologies. The two units covered under this rule are large sources of SO2 emissions in the region, are about 50 years old and are currently among the 44 % of coal-fired units in the country that do not have advanced pollution controls installed to limit emissions. Actions taken to meet these limits are similar to those that the facility would need consider taking to meet the recently finalized Cross-State Air Pollution Rule and the upcoming Mercury and Air Toxics Standards.

Under the Clean Air Act, when a facility’s emissions impact air quality in another state, the affected state can petition EPA and request that the facility be required to reduce its impact. If EPA finds that the emissions do contribute to an air quality problem, the agency must set emissions limits that will eliminate this contribution. In a September 2010 petition, New Jersey asked EPA to find that emissions from the Portland power plant are impacting the state’s air quality and to require the facility to reduce its SO2 emissions. EPA proposed to grant the petition in March 2011.

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Proposed Air Emission Rules For Oil And Gas Drilling Operations

The U.S. Environmental Protection Agency (EPA) has proposed standards to reduce regulated air emissions from oil and gas drilling operations. These proposed updated standards, issued in response to a court order, would rely on existing technologies to reduce emissions. The proposal would cut volatile organic compound (VOC) emissions from several types of processes and equipment used in the oil and gas industry, including a 95% reduction in VOCs emitted during the completion of new and modified hydraulically fractured wells.

EPA’s analysis of the proposed changes, which also include requirements for storage tanks and other equipment, estimates a net savings to the industry of $10s of millions annually from the value of natural gas that would no longer escape to the air. The proposal includes reviews of four air regulations for the oil and natural gas industry as required by the Clean Air Act: a new source performance standard for VOCs from equipment leaks at gas processing plants; a new source performance standard for sulfur dioxide emissions from gas processing plants; an air toxics standard for oil and natural gas production; and an air toxics standard for natural gas transmission and storage.

EPA is under a consent decree requiring the agency to sign a proposal by July 28, 2011 and take final action by Feb. 28, 2012. As part of the public comment period, EPA will hold three public hearings, in the Dallas, Denver and Pittsburgh areas.

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New “Most Efficient” Consumer Product Designation

U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency (EPA) have announced a new product recognition label for the most energy-efficient products in their category. The new designation of “Most Efficient” aims to provide all manufacturers with an incentive for greater product energy efficiency while providing consumers new information about the products that comprise the top tier in the categories.

Products that receive the Most Efficient designation demonstrate exceptional efficiency performance. The Most Efficient recognition will represent approximately the top 5% of models on the market in the following categories: clothes washers, heating and cooling equipment, televisions, and refrigerator-freezers.

Consumers will be able to identify Most Efficient products on the Energy Star website and in stores by looking for the Most Efficient designation. In addition to meeting established performance requirements, products must also be Energy Star qualified and certified by an EPA-recognized certification body. EPA is encouraging manufacturers to submit products that meet the requirements for recognition.

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