EPA’s Coal-Related Rulemakings

Ulla Reeves, Regional Program Director

Jen Rennicks, Federal Policy Director
Josh Galperin, Policy Analyst and Research Attorney
April 21, 2011
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 What to Expect
•  Introduction to Rulemaking
•  Upcoming Rules
•  What You Can Do
 What is Rulemaking?
•  Congress passes laws
•  Executive agencies (like EPA) carry out these
laws.
•  For example, from §112 of the Clean Air Act:
 What is Rulemaking?
•  The law either mandates the agency to
take action
•  For example, reviewing National Ambient Air Quality
Standards every 5 years.

•  Or the law gives agency authority and

discretion to take action
•  For example the Air Transport Rule

•  “The EPA has so much authority under

Obama”?
•  The EPA only has the authority that Congress gives
it.
 Recent & Upcoming EPA Rules

1.  Ozone NAAQS Conventional Pollutants

2.  Transport Rule

3.  Mercury MACT Hazardous Air Pollutants

4.  New Source Performance Standards Greenhouse

5.  Tailoring Rule Gases

6.  Coal Ash

7.  Effluent Limit Guidelines Waste & Water
8.  Cooling Water Intake
 Strengthening Ozone NAAQS
WHAT WILL THIS RULE DO?
•  Set national standards for ozone in the ambient air
•  Standards will range between 0.060-0.070 parts per
million.
BACKGROUND:
•  Clean Air Act requires EPA to regularly review and update
National Ambient Air Quality Standards (NAAQS).
 Strengthening Ozone NAAQS
BACKGROUND CONT.
•  NAAQS are science-based (CASAC), may only consider
health and environmental impacts
•  Costs, feasibility, timeline are all considered in state-level
implementation plans.
•  Current process is a “re-review” of Bush-era
Standards, which ran counter to scientific advice.

TIMELINE:
•  Review started in January 2010
•  First goal for completion was summer
2010, then winter 2010
•  Now expected summer 2011
•  Standards are implemented independently
 Transport Rule: Power Plants
WHAT WILL THIS RULE DO?
•  Protect states from power plant air pollution that
travels across state lines
BACKGROUND:
•  States establish regulatory plans (called SIPs) in order to
meet NAAQS but those plans can’t regulate pollution from
other states.
•  Clean Air Act gives EPA the authority to establish “good
neighbor” rules to govern transported pollution.
Transport Rule: Power Plants
BACKGROUND CONT.
•  The Transport Rule will limit ozone-
forming nitrogen oxides and acid-rain
causing sulfur dioxide.
•  It applies to 31 mostly eastern states
•  EPA modeling shows that all these
states contribute to interstate pollution
transport.
•  Emission caps or budgets will be set
for each pollutant for each state.
•  Intrastate trading is allowed.
Transport Rule: Power Plants
BACKGROUND CONT.
•  EPA projects that by 2014 the rule
will reduce power plant emissions of:
•  SO2 by 72%
•  NOx by 52%
TIMELINE:
•  Initially proposed under the Bush
EPA as the Clean Air Interstate Rule --
DC Circuit court invalidated in 2008.
•  Obama EPA re-issued in summer
2010
•  Currently under consideration
•  Once finalized will be implemented in
two stages: 2012 and 2014.
 Mercury MACT
WHAT WILL THIS RULE DO?
•  Set first-ever nationwide
standards for mercury and toxic
air emissions from new and
existing coal plants From the Clean Air Act:
BACKGROUND
“The Administrator shall
•  In 2000 EPA determined that it was regulate electric utility steam
appropriate and necessary to generating units under this
address mercury as a hazardous air section if the Administrator finds
pollutant. such regulation is appropriate
and necessary.”
•  Finding required EPA to establish
standards based on Maximum
Available Control Technology
(MACT) levels.
Mercury MACT
TIMELINE:
•  In 2005 President Bush
attempted to regulate mercury
without MACT but a court struck
down that rule (CAMR).
•  In March EPA announced the
new MACT standards
•  Public comment period, with a
public hearing in Atlanta, is open
for 60 days
•  EPA is under court order to issue
a final rule by November 2011.
•  All plants must comply within 3
years (are eligible for a 1 year
extension)
 History: EPA Greenhouse Gas
Regulation
•  2007 U.S. Supreme Court Case: Massachusetts v. EPA
•  Court said that GHGs are “air pollutants” under the Clean Air Act
•  Therefore, EPA must regulate GHG if they find that GHG:

“Causes or contributes
significantly to, air pollution
which may reasonably be
anticipated to endanger
public health or welfare”
•  The Bush EPA wanted to make this “cause or contribute”
finding but never did. The Obama EPA eventually did issue the
finding.

•  Based on this finding EPA is now mandated to regulate

GHGs.
 New Source Performance
Standards; GHGs
WHAT WILL THIS RULE DO?
•  Set baseline standards for greenhouse gas emissions
from new power plants and establish guidance for states to
set standards for existing plants.
 New Source Performance
Standards

BACKGROUND
•  It is unclear exactly what the new standard
will look like
•  The standard will probably require coal plants to meet
certain levels of efficiency.

TIMELINE
•  EPA held listening sessions around the country this winter
•  EPA is expected to propose standards by July.
•  Finalize standards in May 2012.
 Tailoring Rule (GHG Permitting)
WHAT WILL THIS RULE DO?
•  Require large polluting facilities to include
greenhouse gas emission limits in their pre-
construction and operating permits

BACKGROUND:
•  NSPS sets across the board standards for all new
sources. This rule requires plant-by-plant permits with
individualized standards.
•  The permits must be at least as strict as the NSPS.
•  Permit limits will be based on Best Available Control
Technology (BACT)
•  Why is it called the “tailoring rule”?

TIMELINE:
•  This rule took effect on January 2, 2011
 Coal Ash
WHAT WILL THIS RULE DO? BACKGROUND:
Either: •  After the Kingston disaster EPA
a)  regulate coal ash promised to act
as a hazardous •  Under pressure from industry they
waste with proposed two alternatives
cradle-to-grave •  EPA received over 450,000 written
oversight OR comments on this rule
b)  categorize ash
like household TIMELINE:
garbage
•  Currently under EPA consideration
•  Delayed until 2012
•  Will take up to 15 years to fully
implement.
 Effluent Limitation Guidelines

WHAT WILL THE RULE DO?

•  Establish nationwide limits on the amount of pollutants
that are permitted in coal plant wastewater
 Effluent Limitation Guidelines

What the world looked like last time

• BACKGROUND: EPA updated these numbers.
• EPA has not updated standards since
1980’s
• Today, there are only limits on pH, total
suspended solids and oil and grease
• No limits for arsenic, lead, mercury,
chromium, selenium and others

• TIMELINE:
• Guidelines will be proposed in summer 2012
• Guidelines will be finalized in winter 2014
 Cooling Water Intake
• WHAT WILL THE RULE DO?
• Very little. The rule purports to protect aquatic ecosystems by
limiting the intake of fish and other aquatic life. In fact, the rule
will only impact about 25% of coal plants.
• BACKGROUND:
• Clean Water Act requires EPA to establish location, design,
construction and capacity standards that “reflect the best technology
available for minimizing adverse environmental impact.
• There are two available technologies:
CLOSED CYCLE ONCE
THROUGH
 Cooling Water Intake
BACKGROUND CONT.
•  The rule does not require closed-cycle systems for
existing units
•  The rule does not set any standards for entrainment
•  The rule sets standards for impingement with which over
75% of coal plants already comply.
•  Most of the details will be left to state permitting agencies
TIMELINE:
•  Rule was signed on
March 28th
•  Published on April 20th
•  Finalized by July 2012
•  Plants will have 8
years to comply
 Meanwhile on the Hill
•  High priority of current Congress: curb EPA
authority
•  Regulatory attacks: Congressional Review Act
 Meanwhile on the Hill
•  High priority of current Congress: curb EPA
authority
•  Legislative attacks:
•  House efforts: Upton, many others including
Blackburn of TN
•  Senate efforts: Stabenow, Baucus,
Rockefeller and McConnell/Inhofe
 What You Can Do
1.  Stay Informed through
cleanenergy org &
blog.cleanenergy.org
 What You Can Do
2. Submit comments to EPA
•  Speak at a public hearing
•  Submit online or via email
•  remember to include the specific
docket number for each case
(Example: mercury rule is EPA-
HQ-OAR-2009-0234)
•  Fax or mail your typed comments
•  Double your impact by
encouraging a friend or family
member to submit, too
 What You Can Do
3. Contact Congress
•  Contact info and other
resources through SACE’s
AdvoKit:
•  http://www.cleanenergy.org/
index.php?/AdvoKit.html

Congressional Contact Information

Tips on reaching out to

elected officials
Info on writing an
letter to the editor
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