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New EPA Challenges for Coal-Fired Plants SNL Energy June 10, 2010. PRESENTED BY Peter Glaser Troutman Sanders LLP 401 9 th Street, NW Suite 1000 Washington, DC 20004 202.274.2950 www.troutmansanders.com. Hazardous Air Pollutants NAAQS: NO 2 , SO 2 , PM-2.5, Ozone
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Troutman Sanders LLP
401 9th Street, NW
Washington, DC 20004
- 24-hour - 35 µg/m3, reduced from previous standard of 65 µg/m3.
- Annual: 15 µg/m3.
Neither addresses filling at mines - to be addressed separately
Comment period ends 90 days after publication of the proposals in the Federal Register
Likely a year or more before chosen regulation is implementedCoal Ash
- 1/2/11: Sources subject to PSD “anyway” will be required to do GHG BACT if increase emissions by 75,000 tons per year.
- 7/1/11: New sources above 100,000 tpy and existing sources that increase emissions by 75,000 subject to PSD.
- EPA will do future rulemaking and future study to determine whether lower emitting sources will be regulated and how, but commits that no source below 50,000 tpy will be regulated for six years.
Environmental Regulatory Timeline for Coal Units
Beginning CAIR Phase I Seasonal NOx Cap
SO2 Primary NAAQS
Revised Ozone NAAQS
Reconsidered Ozone NAAQS
Final rule expected
Compliance 3-5 yrs
after final rule
Proposed CAIR Replacement Rule Expected
SO2/NO2 Secondary NAAQS
Next Ozone NAAQS Revision
Final CAIR Replacement Rule Expected
3-4 yrs after final rule
316(b) final rule
NO2 Primary NAAQS
SIPs due (‘06)
Begin CAIR Phase I Annual SO2 Cap
PM-2.5 SIPs due (‘97)
Next PM-2.5 NAAQS Revision
Beginning CAIR Phase II Annual SO2 & NOx Caps
Begin CAIR Phase I Annual NOx Cap
Final Rule for CCBs Mgmt
New PM-2.5 NAAQS Designations
Beginning CAIR Phase II Seasonal NOx Cap
CAMR & Delisting Rule vacated
HAPS MACT final rule expected
Begin Compliance Requirements under Final CCB Rule (ground water monitoring, double monitors, closure, dry ash conversion)
HAPS MACT Compliance 3 yrs after final rule
Compliance with CAIR Replacement Rule
HAPs MACT proposed rule
Proposed Rule for CCBs Management
Final EPA Nonattainment Designations
-- adapted from Wegman (EPA 2003)