5.7. ERMUSR 03-13-2013 - Laserfiche WebLink

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rule (which affects industrial boilers and coal-fired electricity and provide relief for small business and governmental generator units less than 25 MW entities, as required by other federal statutes. We filed In 2012, the House and Senate also made progress on briefs in the D.C. Circuit U.S. Court of Appeals in bipartisan legislation to maintain the designation of coal October 2012. Oral arguments in the case are expected in spring of 2013. A final decision by the court might ash as a non-hazardous waste and to increase overnight not be announced until late 2013. Without either an and regulation of coal ash management by the states.This administrative review resulting in additional time or a legislation,supported by APPA,passed the House and came court-ordered change to the final compliance date, some close to being included in a broad surface transportation public power utilities may face the prospect of operating bill(given the use of coal ash byproducts in roads, that was in non-compliance, which could subject them to appropriate),but did not make it into the final version. enforcement actions by the agency and citizen lawsuits. However,discussions will resume in 2013. Regardless of whether such a bill passes, interest in it by a bipartisan, Industrial,Commercial and Institutional Boiler MACT bicameral group of members of Congress will certainly help Rule - On December 21, 2012, EPA finalized the keep pressure on EPA not to regulate coal ash as hazardous. rule that had been twice reconsidered by the EPA for RICE—APPA successfully advocated for reconsideration regulating mercury and acid gases from <25 MW power by EPA of its original final rule on reciprocating internal plants. While only about two dozen of these units remain combustion engines (or RICE) to allow for more hours in operation at public power utilities, these units are of operation under both emergency and other conditions important sources of generation for those communities. without modification or replacement. Several hundred Often these were electricity and steam providers to local APPA members own these units, which are often called indus al customers or hospitals and establishment upon for demand response, voltage support and other of reasonable standards that could be met in a timely purposes. EPA re-proposed the rule in 2012 to include more hours of operations and other provisions. APPA testified at two public hearings, secured assistance from the U. S. Small Business Administration (SBA)'s Office of Advocacy, coordinated with allied organizations seeking similar provisions, and participated in numerous meetings and discussions with senior EPA staff. The EPA's . final rule, announced on Jan. 14, 2013, provided 100 hours for electric utilities, a substantial improvement over the 2010 rule, which allowed only 15 hours for non- storm or non-emergency response conditions. EPA's final rule also includes other features sought by APPA, such as criteria related to operation of these units to maintain voltage support. • Mercury MACT - In an unprecedented action, APPA filed both a request for administrative reconsideration and a lawsuit in federal court in response to EPA's final manner is critical for both public power utilities and mercury rule (often referred to as Mercury MACT or their commercial and industrial customers. This issue MATS) to reduce mercury and acid gases from fossil has been before the EPA since 2005. APPA has filed fuel-fired power plants. APPA's purpose in the litigation numerous comments, held webinars, met with the EPA, and reconsideration is not to challenge the regulation Office of Management and Budget, and Small Business of mercury per se, but is to correct EPA's failure to Administration personnel. The EPA's final rule, while still provide public power utilities with sufficient time to not perfect, did give these units until 2016 to operate comply with the requirements of the rule in recognition and slightly adjusted the emissions allowed. Perhaps best of the obligations (set in city ordinance or state law) of all changes was the establishment of the limited use placed on our members for major capital expenditures, subcategory that allows units to run approximately 800 procurement procedures, financing, and building hours a year without installation of expensive controls. new pollution-control equipment. The deadline for 2.5 compliance is May 2015, with an opportunity for one PM nd - APPA filed comments in August 2012 opposing additional year for compliance if requested by a state. We secondary public welfare standards that tighten existing regulations for emissions of PM 2.5 (particulate matter have assisted some members in obtaining this additional less than 2.5 microns in diameter). Although the year. standards were tightened, APPA is pleased that EPA did APPA's actions against the final rule are also based on so in a manner that does not easily lead to additional EPA's failure to carry out its obligations to consider control requirements on power plants. •