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EPA Publishes Final Ozone NAAQS: 70 ppb

On 10/01/2015, EPA signed a final rule lowering the ozone NAAQS to 70 ppb (from the current standard of 75 ppb).

Anticipated schedule:

  • October 1, 2016:  States recommend nonattainment designations.
  • June 1, 2017:  EPA response to states’ recommendations.
  • October 1, 2017:  EPA issues final nonattainment designations.
  • 2020-2021:  States must submit SIPs.
  • 2020-2037:  Attainment due dates (vary by severity).

EPA is including grandfathering provisions for certain PSD permit applications that are still in process.  EPA will also be issuing several supplemental rules for implementation of the standard.

For more information, contact your EPS consultant.

EPA Proposed Amendments to MSW Landfill Air Emissions Standards

On 08/14/2015, EPA proposed amendments to emissions standards for MSW landfills.

Fact Sheet for Existing Landfills:  http://www.epa.gov/ttnatw01/landfill/20150814egfs.pdf

Highlights:

  • The agency is proposing to update the emissions threshold that triggers a requirement to install landfill gas collection and control systems. That annual threshold, currently set at 50 metric tons (written as megagrams in the proposal) of nonmethane organic compounds, would change to 34 metric tons for active landfills under the proposed guidelines. This is the same threshold EPA is proposing for new landfills. Closed landfills would remain subject to the current threshold of 50 metric tons per year.
  • Landfills subject to the proposed guidelines would have 30 months after reaching the emissions threshold to install and begin operating a gas collection and control system.
  • Landfill owners/operators with a gas collection and control system would to be required to expand that system into new areas of the landfill within five years for active areas, and two years for areas that are closed or at final grade.

Fact Sheet for New, Modified, and Reconstructed Landfills:  http://www.epa.gov/ttnatw01/landfill/20150814nspsfs.pdf

EPA Site: http://www.epa.gov/ttnatw01/landfill/landflpg.html

For more information, contact your EPS consultant.

EPA Issues Ministerial Actions to Implement CSAPR

On 11/21/14, EPA issued two ministerial actions to implement the Cross State Air Pollution Rule (CSAPR) beginning on January 1, 2015.  The implementation of CSAPR will sunset the Clean Air Interstate Rule (CAIR), which is a similar cap-and-trade based program.  CSAPR requires the covered 28 states to limit SO2 and/or NOx emissions from electric generating units (EGUs) on a state-wide basis, with the goal of reducing contributions to fine particulate matter (PM2.5) and ground-level ozone in other states.  CSAPR had been stayed by the D.C Circuit of the U.S. Court of Appeals since 2011, but on 10/23/14, the Court ordered that EPA’s motion to lift the stay be granted.  To reflect the three-year delay in implementation, EPA is issuing final rules that toll the implementation dates to allign with a January 1, 2015 start date for Phase 1 and 2017 for Phase 2.

CSAPR Interim Final Rule:  http://epa.gov/crossstaterule/pdfs/CSAPRinterimfinal11_12_14.pdf

NODA for CSAPR Unit Level Allocations:  http://epa.gov/crossstaterule/pdfs/CSAPRallocationsNODA11_12_14.pdf

Allocations:  http://epa.gov/crossstaterule/pdfs/UnitLevelAllocations_Tolled.xls

EPA Web Site:  http://www.epa.gov/crossstaterule/