Environmental regulatory compliance is a constantly evolving field and it is crucial to stay on top of proposed regulations. CAP personnel dedicate a great deal of time to this task so that they can alert clients where appropriate. We frequently interact with the EPA and various state and local agencies to maintain the most up to date information available. State environmental laws can differ from EPA standards as long as they are as strict; States can always set stricter standards than EPA requires.
The following are some recent updates, listed here for your convenience.
Performance Specification 18 (PS18)
PS18 provides procedures for initial certification of HCL Analyzers located at Portland cement plants. Procedure 6 then provides ongoing quality assurance procedures for the HCL analyzers.
Virginia moves to enact CO2 Emissions Trading
Legislators recently passed 9VAC5, Chapter 140-establishing an emissions trading market for CO2. The move was immediately praised by the Regional Greenhouse Gas Initiative (RGGI), a group of Northeasst and Mid-Atlantic states who use a comparable model. Such emissions trading models have been popping up more and more recently, as successes in California and abroad show such actions to be viable climate change mitigation models. Text of the new rule is listed below
The EPA proposes a new interpretation of Section 111(d) of the CAA in conjunction with their CPP repeal
The EPA wants "an interpretation that is consistent with the CAA’s
text, context, structure, purpose, and legislative history, as well as with the Agency’s historical understanding and exercise of its statutory authority." Essentially, the EPA does not want regulation to limit facililty fuel options. In the repeal of the CPP, linked below, the EPA even raises doubt as to whether or not they will issue GHG regulation. They are currently required to do so.
NJDEP Regulatory Outlook
Within the next few months the NJDEP is planning to roll out four  new air rule packages under 7:27;
-CTG and NOx RACT
-PM2.5 and SSM
-Stage I and II and TBAC
-Resiliency & Air Toxics
MADEP passes rules to lower CO2 emissions from the power sector
310 CMR7.75-Establishes minimum percentages of electric sales that must come from clean energy suppliers
310 CMR7.74-Establishes a CO2 allowance trading program.
See the MADEP Fact Sheet for more information.
NYSDEC: Proposed Changes to 227-1
The NYSDEC is proposing to repeal and replace 227-1: Stationary Combustion Installations. Details of these changes were recently discussed at stakeholder meetings. The PM standard is 0.1 lbs/mmbtu. It will apply to oil fired boilers (same as in the current regulation) and solid fuel fired boilers 1 mmBtu/hr and greater. If the equipment is regulated by an equivalent or more stringent limit under a different rule (NSPS or NESHAP) it is no longer subject to Subpart 227-1. Also, equipment that is subject to the regulation will have to conduct annual tune-ups and test once during the term of the permit. Finally there are no variance provisions in the regulation. Full implementation of the new rule is projected by Fall 2020.
NJDEP Issues a Series of Proposed Changes to Air Regulations
On July 3rd, the NJDEP published proposed changes to;
7:27-34: TBAC emission reporting requirements,
7:27-8 and 7:27-22: Minor Sources, Pre-construction Permits, and Operating Permits, and
7:27-16.3: Gasoline Dispensing Facilities
The TBAC reporting repeal is projected to have a positive economic impact for the state, albeit a minimal one. The NJDEP had required the reporting to coincide with an EPA program seeking data on the potential effect of TBAC on Ozone formation. The program was ineffective and discontinued by the EPA, and DEP is following suit.
Minor changes are being proposed to the Subchapter 8 and 22 permitting requirements. Permit conditions from preconstruction permits and minor source permits will now be incorporated into facility operating permits when applicable, instead of being superseded by the operating permits. A new consolidated application for preconstruction and operating permits will be made available. E-Notice will be acceptable for all future public notices, saving the costs of advertising in newspapers.
7:27-16.3: Gasoline Dispensing Facilities
New gas stations do not need to install Stage 2 Vapor Recovery systems. Existing stations have three year to decommission all Stage 2 systems that are not compatible with onboard refueling vapor recovery systems (ORVRs). Phase 1 systems must be upgraded to with CARB-certified components while maintaining a 98%+ VOC reduction efficiency. Penalties from the existing 27-16 schedule will be carried through to the proposed new conditions.
Public Comment Period on the proposed regulatory changes closes 9/1/17.
The Paris Accords
With President Trump's recent decision to begin the process of withdrawing from the Paris Accords, it is reasonable to expect that select States will look to tighten environmental regulations and promote green technologies. We have already begun to see this in states like California, Maryland, and Virginia. As these changes come about, contact Cemtek if you have any questions regarding regulatory applicability.
Part 222: Challenged in the NY State Supreme Court
Part 222 has recently been challenged in the NY State Supreme Court. The Court has granted a temporary stay until they can rule on a request for injunction. The ruling is expected in July of this year. This action will push back scheduled compliance dates. When results of the July ruling are announced, we will publish an update.
Proposed changes to N.J.A.C. 7:27-16 and 19: VOC and NOx RACT
The new rules will affect major sources of VOC and NOx emissions, and include various emission limits and parametric guidelines. Some of the industries affected would be: surface coating operations, shipbuilding, screen printing, and major sources who operate simple cycle combustion turbines, compressor turbines, or compressor engines rated between 200 and 500 hp on natural gas. Compliance with the new limits may require applicable facilities to install emission controls. Permit modifications will be required. Contact Cemtek Air Permitting for more information.
Part 98 - Greenhouse Gas Reporting
e-GGRT is now open to accept 2016 GHG reporting (due to the EPA by March 31). Facilities emitting more than 25,000 tons of CO2e (CO2, CH4, N2O) in a calendar year must report. This would apply for most major sources.
NJDEP to Issue to Issue a New General Operating Permit (GOP) for Small Boilers and Heaters at Major Sources
The new GOP will be published on November 11, 2016 in the NJ Register and is modelled after the GOP for minor sources that has been in place for a number of years. Under this new GOP, emission units must have a heat input rating of less than 5 MMBtu/hr. This new permitting option offers facilities with small to moderate sized equipment a convenient way to register online and operate under standardized permit conditions. Contact Cemtek personnel for more information on how to register for the new GOP.
September 7, 2016 EPA-CSAPR Rule update
The EPA recently finalized an update to the Cross-State Air Pollution Rule (CSAPR).
It focuses on reducing NOx emissions during the Summer from 22 counties throughout the Eastern United States. New Jersey, New York, and Pennsylvania will all be effected by CSAPR.
The rule is meant to help bordering states meet their NAAQS goals through reducing the amount of NOx emissions that are transported from East Coast power plants.
NOx can react in the atmosphere to create ozone pollution, or smog. This process occurs more readily in warmer weather. Smog leads to an increase in respiratory conditions. This new CSAPR revision is projected to translate to $880 million in cost savings, much of which comes from preventing such respiratory ailments.
One of the key provisions of the rule update is the “good neighbor” policy. States must address transport of NOx pollution across state lines in the SIP plans. The EPA will apply a 4-step approach to determine which states will have problems meeting their 2008 NAAQS due to upwind receptors.
- Identify downwind receptors that are expected to have problems meeting or maintaining clean air standards;
- Determine which upwind states contribute to these identified problems in amounts sufficient to “link” them to downwind state air quality problems;
- Identify upwind emissions that significantly contribute to downwind nonattainment or interfere with downwind maintenance of a standard by quantifying available upwind emission reductions and apportioning upwind responsibility among the linked states; and
- Adopt FIPs that require sources to reduce the identified upwind emissions via regional emissions allowance trading programs.
(Source: https://www.epa.gov/airmarkets/proposed-cross-state-air-pollution-update-rule Last Updated 9/7/2016)
CSAPR replaces CAIR and other regional allowance trading programs but it does not allow carry over of allowances from those programs. CSAPR allowances must be earned from actual facility operations or purchased from the market.
The rule also includes a July 2018 compliance deadline for the 2008 NAAQS. The rule does not include facility level emission requirements, yet it is reasonable to conclude that such emission limits may come later through SIP revisions.
40 CFR 63 subpart ZZZZ-NSPS for Stationary RICE
The EPA recently promulgated new emissions standards and operating limitations for stationary RICE at Major and Area sources.
These new standards could mean a reduction in CO and formaldehyde emissions by around 70% from current levels in some cases. For applicable emission units, a CEMS system and initial performance testing may be required, as well as CO catalysts. All applicable units will be required to keep records of hours of operations as well as daily fuel combustion.
There are separate distinctions for engines below and above 500 brake horsepower and spark ignition versus compression ignition.
6NYCRR 227-2-New NOx RACT rules
The NYSDEC recently just cut the acceptable NOx emission rates by at least half for most emission sources. As an example, for tangential-fired boilers on natural gas the emission limit changes are listed below.
- Very Large Boilers-dropped from 0.2 to 0.08 lbs NOx/MMBtu
- Large Boilers-dropped from 0.2 to 0.06 lbs NOx/MMbtu
- Mid-size Boilers-dropped from 0.1 to 0.05 lbs NOx/MMBtu
- Small units are now also required to do annual tune ups.
Source designation also changed for Very large, Large, Mid-size, and Small units.
- Very large units are now those with a heat input rating greater than 250 MMBtu/hr.
- Large units are those between 100 and 250 MMBtu/hr.
- Mid-size are between 25 and 100 MMBtu/hr.
- Small units are less than 25 MMBtu/hr.
Facilities had until July 1, 2014 to comply with the new NOx RACT regulations, but could petition the Agency for extensions on a case by case basis.
A RACT analysis must be conducted on a case by case basis for each facility. If it is determined that the facility cannot technically or monetarily meet the listed RACT limit, they can then make a case for a source specific RACT determination. There are predetermined procedures for filing such a determination. (NYSDEC-DAR 20).