1 / 17

New Source Review Reform

Presented By:. New Source Review Reform. Vera S. Kornylak, Associate Regional Counsel EPA Region 4 Office of Regional Counsel and Gregg Worley, Chief, Air Permits Section, EPA Region 4 Air, Pesticides & Toxics Management Division. Overview of NSR Reform: Major EPA Rulemakings.

jocasta
Download Presentation

New Source Review Reform

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Presented By: New Source Review Reform Vera S. Kornylak, Associate Regional Counsel EPA Region 4 Office of Regional Counsel and Gregg Worley, Chief, Air Permits Section, EPA Region 4 Air, Pesticides & Toxics Management Division

  2. Overview of NSR Reform: Major EPA Rulemakings • 67 FR 80186, December 31, 2002 (“2002 NSR Reform Rules”): EPA finalized its new source review reform rules which included revisions to five major areas of the rules. • States must submit revisions implementing the minimum program requirements outlined in the Rule by January 2, 2006. • 68 FR 61248, October 27, 2003: EPA finalized additional rules, called the “Equipment Replacement Rule,” pertaining to routine maintenance, repair, and replacement.

  3. Overview of NSR Reform: Major EPA Rulemakings • 70 FR 61081, October 20, 2005: EPA published proposed rules to modify the emissions test for NSR purposes for existing electric generating units (EGUs). • This proposal does not apply to new EGUs. • Comments are due by December 19, 2005.

  4. Summary of EGU Emissions Test Proposal (October 20, 2005) • The proposed emissions test is the same as the New Source Performance Standards (NSPS) test in CAA Section 111(a)(4). This compares maximum hourly emissions achievable at a unit during the past five years to the maximum hourly emissions achievable at that unit after the change. • Alternatively, the proposal seeks comment on a test that would compare maximum hourly emissions achieved before and after the change.

  5. Summary of EGU Emissions Test Proposal (Continued) • The proposal further seeks comment on an applicability test based on mass of emissions per unit of energy output. • With regards to the NSPS rules, the proposal seeks comment on whether to revise the NSPS regulations to include a maximum achieved emissions test or output test in lieu of or in addition to the maximum achievable hourly emissions test.

  6. NSR Related Litigation • New York et al. v. United States, 413 F. 3d 3 (DC Cir. 2005) - Challenge to NSR Reform Rules • Decision published on June 24, 2005: • vacated provisions for pollution control projects and clean units; • remanded provisions regarding recordkeeping (40 CFR 52.21(r)(6)) and “reasonable possibility;” • upheld the NSR applicability test generally;

  7. NSR Related Litigation • New York et al. v. United States (continued): • EPA filed a petition for rehearing en banc re: applicability test for clean units and motion for clarification on the retroactivity of the PCP vacatur; • Other petitioners filed motions for reconsideration on other issues, including the baseline applicability test.

  8. NSR Related Litigation • ERP Litigation (New York et al. v. U.S., filed in D.C. Circuit) • 69 FR 40274 (July 1, 2004) – ERP Rule stayed. • 70 FR 33838 (June 10, 2005) – EPA final reconsideration on the ERP rule (no changes); Challenges filed to reconsideration.

  9. NSR Related Litigation • ERP Litigation (Continued) • Issue is EPA’s authority to exempt RMRR from regulation in general, as well as within the parameters of the ERP. • EPA brief due 11/17/05. • Oral argument likely in early, 2006.

  10. NSR Related Litigation • U.S. v. Duke Energy Corp., 411 F.3d 539 (4th Cir. 2005). • Complaint filed by EPA alleging NSR violations for modification at plants owned by Duke Energy. • Congress mandated that the PSD definition of “modification” be identical to the NSPS definition of “modification.”

  11. NSR Related Litigation • U.S. v. Duke Energy Corp. (Continued): • RMRR issue re: routine at a unit versus routine in the industry was not reached as part of decision. • Technically applies only to states within the 4th Circuit Court of Appeals – which includes North and South Carolina.

  12. Region 4 Status Update on State Submittals of NSR Reform Rules • EPA Region 4 States are farthest along in the nation towards meeting the January, 2006 deadline. • State rules may be different, but must be equivalent to federal requirements. State rules may be more stringent. • EPA Region 4 staff working to provide draft/prehearing comments whenever possible, along with formal comments.

  13. Region 4 Status Update on State Submittals of NSR Reform Rules

  14. Region 4 Status Update on State Submittals of NSR Reform Rules

  15. Region 4 Status Update on State Submittals of NSR Reform Rules • Areas not listed have not provided any submittals to EPA. • General SIP Review Process: • Regional review and evaluation • Presentation to EPA HQ (particularly focus on differences from federal rule) • Proposal in Federal Register • Public Comment • Final approval

  16. Upcoming Developments • Reconsideration in D.C. Circuit. • ERP Litigation. • Congressional amendments to CAA requiring more NSR Reform. • Ongoing utilities litigation in Region 4.

  17. Gregg Worley, Chief Air Permits Section EPA Region 4 404-562-9141 Worley.gregg@epa.gov Kelly Fortin Air Permits Section 404-562-9117 Fortin.kelly@epa.gov Sean Lakeman Regulatory Planning Section (SIPs) 404-562-9043 Lakeman.sean@epa.gov Vera S. Kornylak Office of Regional Counsel 404-562-9589 Kornylak.vera@epa.gov EPA Region 4 Contacts

More Related