Emission Solutions October 2011 Newsletter

AN INTERNET PUBLICATION OF KLAUS EQUIPMENT COMPANY - PITTSBURGH PENNSYLVANIA

OCTOBER 2011 NEWSLETTER

IN THIS ISSUE

AIR ISSUES: BOILER MACT RULES REMAIN UNCERTAIN

EPA'S OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS DRAFT IS WITHDRAWN

JAY SAYS

AIR ISSUES: BOILER MACT RULES REMAIN UNCERTAIN

by Alex Chamberlain
Sarah Sajedi
Laura Weinkam
October 3, 2011

Following a lawsuit from the Sierra Club, the EPA was originally directed by a court order to finalize rules for new and existing sources of toxic air pollutants, specifically from boilers, by Dec. 16, 2010. After the proposed rule was publicized, the EPA received nearly 5,000 comments from industrial groups and fuel industry advocates who argued that the agency’s method of selecting the top 12 percent of existing sources was flawed and unfair. Several groups claimed that the boiler’s maximum achievable control technology (MACT) rules were developed based upon a hypothetical boiler model that did not actually exist, and that the costs of compliance would be extremely high and detrimental to all affected industries.

Based on the feedback received from the public, the EPA requested a 15-month deadline extension in order to issue final Boiler MACT rules, but the request was denied by the U.S. District Court. On March 21, 2011 the EPA published national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters at major source facilities (those falling under Subpart DDDDD), and boilers at area source facilities (those falling under Subpart JJJJJJ). In comparison to the original proposal, the final rules included some changes as a result of the public’s comments. Prior to the publication of these rules, the agency also published a proposed notice of selected reconsiderations for both. The EPA cited a process outlined in the Clean Air Act as the basis for reconsideration of these rules to ensure additional opportunities for public comment and review.

The EPA reopened the public comment period following its publication of the final rules in March. Despite industry group criticisms, the agency defended the methodology for the creation of the final rules, but cited that some issues identified by the public should be reconsidered for certain aspects of the Boiler MACT rules. New proposed revisions are now expected to be published by October 2011, with the revised final set of rules due to be released by the end of April 2012.

Despite publication of the final rules for major and area sources, the EPA has delayed the effective dates for major source boilers until the proceedings for judicial review of the rule are complete or until the agency completes its reconsideration of the rule. The EPA will publish an announcement in the Federal Register regarding the effective dates once delay is no longer necessary. The rule for area source boilers, however, is currently in effect, despite the notice of reconsideration published by the EPA.

How will such rules impact a facility?
As written, the current rule requires immediate compliance for new and reconstructed area source boilers (as of May 20, 2011), and compliance for existing boilers by as early as March 21, 2012. Emission limits for area source boilers have been set for particulate matter, mercury and carbon monoxide based on the boiler type and the fuel that is used to generate such chemicals. If a particular unit is subject to an emission limit, the facility must prepare and submit an annual compliance certification report for the previous calendar year not later than March 1 of each year. Documentation records and reports must demonstrate compliance with each emission limit, work practice standard and management practice specified in Subpart JJJJJJ.

For major sources, the EPA has officially delayed each of these effective dates until further notice. A bipartisan bill was introduced to the Senate in July to allow the EPA the 15 months they originally had requested to finalize and revise the Boiler MACT regulations. This legislation would extend compliance deadlines for new major sources for an additional three to five years. It would also clarify that renewable and carbon-neutral materials remain classified as fuel (not solid waste), and would direct the agency to ensure that the new rules are achievable by real-world boilers, process heaters and incinerators.

Given the current economic and political climate, the EPA must consider the fiscal consequences of these rules in addition to their environmental impacts. Senator Susan Collins (R-Maine), an author on the proposed bill, said, “at a time when manufacturers are struggling to retain jobs, it is essential that this rule not jeopardize thousands of jobs in manufacturing, particularly in the forest products industry, by imposing billions of dollars of new costs.” Area source facilities will be the first economic test of the new Boiler MACT regulation; in the meantime, major source facilities should start planning and continue to wait and see which changes, if any, will be applied for their compliance requirements. PE

http://www.pollutionengineering.com/Articles/Feature_Article/BNP_GUID_9-5-2006_A_10000000000001110770

EPA'S OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS DRAFT IS WITHDRAWN.

On Friday, Sept. 2, 2011, President Barack Obama requested that EPA Administrator Lisa Jackson withdraw the "Ozone National Ambient Air Quality Standards" draft until further notice. The draft, which had been created by the EPA, was focused on developing new anti-smog standards. In doing so, the EPA was hopeful that the earth's environment, as well as the health of millions of Americans and global citizens, would continue to improve in the future.

Due to the nation's recent economic figures, as well as the Bureau of Labor Statistic's release of August's "The Employment Situation," which found that no net job growth had occurred throughout the entire month, President Obama is presently focused on developing novel plans to improve job statistics and to create new jobs for millions of unemployed Americans throughout the coming months.

"I have continued to underscore the importance of reducing regulatory burdens and regulatory uncertainty, particularly as our economy continues to recover," Obama said in a statement released by the Office of the Press Secretary to the general public. "With that in mind, and after careful consideration, I have requested that Administrator Jackson withdraw the draft Ozone National Ambient Air Quality Standards at this time."

President Obama continued to address this issue in a statement, which was published on WhiteHouse.gov.

"Work is already underway to update a 2006 review of the science that will result in the reconsideration of the ozone standard in 2013," Obama said. "Ultimately, I did not support asking state and local governments to begin implementing a new standard that will soon be reconsidered."

Still, President Obama is also determined to maintain his relationship with the EPA, as the organization continuously strives to implement new regulations which will further improve the quality of life of current citizens and future generations.

"My commitment and the commitment of my administration to protecting public health and the environment is unwavering," Obama said. "I will continue to stand with the hardworking men and women at the EPA as they strive every day to hold polluters accountable and protect our families from harmful pollution."

Meanwhile, EPA Administrator Lisa Jackson also released a statement in regards to the withdrawal of the draft. The statement was published on Yosemite.EPA.gov.

"Since day one, under President Obama's leadership, EPA has worked to ensure health protections for the American people, and has made tremendous progress to ensure that Clean Air Act standards protect all Americans," Jackson said. "We will revisit the ozone standard, in compliance with the Clean Air Act."

http://www.pollutionengineering.com/Articles/Industry_News/BNP_GUID_9-5-2006_A_10000000000001099111

JAY SAYS

Dear reader,

To Pump CO2...or Not to Pump CO2? What is the right answer?
September 15, 2011

For years, various environmental groups and government agencies have either supported or rejected the notion of pumping carbon dioxide (CO2) gases underground in a variety of locales throughout the world.

Each of the groups and agencies that have supported such an idea believe that, since the gases can be pumped from emissions of power plants, which are located underground, where all CO2 becomes trapped, pumping causes no harm to our environment, nor does it endanger the health of human beings.

As for those who oppose such pumping? They believe that it truly does more harm than good, as it will ultimately ruin the condition of our earth's groundwater, leading it to become utterly useless for future generations.

Therefore, one question continues to linger among government agencies, environmental groups and various individuals - to pump...or not to pump CO2?

It seems that the EPA has already developed an answer to this question though.

The EPA recently announced the completion of a Federal Underground Injection Control (UIC) Class VI Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells. As a result, all states and individuals who either own or operate CO2 GS wells will now need to submit permit applications to the EPA.

In doing so, they will be issued a permit so that they can legally own or use such wells; until then, they are not allowed to own or operate CO2 GS wells.

The program has been effective since Sept. 7, 2011. http://www.pollutionengineering.com/Articles/Industry_News/BNP_GUID_9-5-2006_A_10000000000001104111

Best regards,
Jay Klaus
JKlaus@KlausEquipment.com
Klaus Equipment Company, Inc.
President