U.S. EPA Fiscal Year 2011-2015 EPA Strategic Plan Released

On September 30, 2010, U.S. EPA released the Fiscal Year 2011-2015 EPA Strategic Plan (Plan). Goal 1 of the Plan involves climate change and air quality. Goal No. 1 is consistent with the direction that U.S. EPA has taken over the past several years regarding national air quality policy. In recent years, regulatory changes regarding air quality have come at a rapid pace and include new, more restrictive National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5), nitrogen dioxide (NO2), and sulfur dioxide (SO2); mandatory reporting of greenhouse gas (GHG) emissions; regulation of GHGs under major New Source Review (NSR) air permitting rules; more expansive and more stringent Standards of Performance for New Stationary Sources (NSPS) for certain source categories; additional sources (major and area) subject to National Emission Standards for Hazardous Air Pollutants (NESHAP); and more stringent standards for certain source categories already subject to NESHAP rules. The difficult news for regulated entities is that the recent air quality regulatory trend will likely continue for the next several years. 

Based on the Plan, U.S. EPA anticipates additional regulatory activity around GHG emissions that could include GHG standards for marine, aircraft, and non-road equipment (e.g., locomotives); implementation of new permitting requirements for sources of GHG emissions that encourage design and construction of more energy-efficient processes; and the development of mitigation strategies for black carbon (e.g., soot) emissions. Note that the current attention towards GHG emission has not dampened the momentum associated with air quality regulation in general as U.S. EPA is planning for new ozone, particulate matter (PM), and carbon monoxide (CO) NAAQS; developing a Clean Air Interstate Rule (CAIR) replacement rule (i.e., the Transport Rule); integrating Environmental Justice policy and air quality regulations; continuing the development of technology-based standards to reduce emissions of air toxic compounds (i.e., NESHAPs); and continuing to pay special attention to certain industry “sectors” including petroleum refining and cement manufacturing. 

A copy of the Plan can be accessed here.

e-GGRT is Coming!

U.S. EPA is preparing to roll out its Electronic Greenhouse Gas Reporting Tool (e-GGRT) for the 2010 reporting year. The user registration portion of the system is expected to come online this fall. Since the registration deadline is two months prior to the reporting deadline and the e-GGRT registration process may require several weeks’ turnaround to receive U.S. EPA approval, we encourage our clients (and all affected entities) to get started and submit their Certificates of Representation early. The ALL4 Climate Change Team members will all be e-GGRT registered users, eligible to be designated as agents, and available to help with all reporting responsibilities. Continue to watch 4 The Record for more details as they become available. For now, keep the following dates in mind: 

• January 30, 2011: User registration deadline/Certificate of Representation due (must be completed using e-GGRT) 

• March 31, 2011: 2010 Annual Greenhouse Gas Report due 

New ICR For Petroleum Refineries

On September 29, 2010, a notice was published in the Federal Register announcing that U.S. EPA has submitted an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for approval. Once approved, the ICR will be sent out to all 152 operable petroleum refineries in the United States and its territories. The ICR is being conducted to assist the U.S. EPA Administrator in determining whether the current Standards of Performance for New Stationary Sources (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) should be revised. The Clean Air Act (CAA) requires U.S. EPA to revise existing NSPS every eight (8) years, if appropriate, and to conduct risk assessments on each source category subject to a NESHAP to determine if additional control requirements are necessary to reduce residual risks. 

The proposed ICR will consist of two (2) components. The first component will be an electronic survey that will be sent to all 152 refineries and will include questions about the facility and individual emissions sources. The first component will require each facility to provide, at a minimum, the following information: 

• Emission inventory,
• Cost data, 
• Copies of all stack test reports, 
• Continuous emissions monitoring system (CEMS) data, 
• Continuous monitoring systems (CMS) data, 
• Crude oil sampling data. 

U.S. EPA has estimated that the cost burden to each refinery will be over $50,000 to collect and submit the requested information. The second component of the ICR will be sent to 92 refineries and will require the selected refineries to conduct stack testing. Because the information being collected as part of this ICR will be used to re-evaluate NSPS and NESHAP rules that affect refineries, sources will be required to conduct stack testing for both criteria pollutants (such as particulate matter, sulfur dioxide, and nitrogen oxides) and hazardous air pollutants (such as mercury, metals, organic compounds, and acid gases). U.S. EPA has estimated that the cost burden to each refinery that is “requested” to conduct stack testing will be over $160,000 to conduct the stack testing and to report the results to U.S. EPA.