The Environmental Protection Agency (EPA) has proposed to expand the applicability of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for stationary combustion turbines. EPA originally established the combustion turbine (CT) NESHAP in 2004. On April 12, EPA officially proposed the long overdue residual risk and technology review (RTR), which is required within eight years of the final standards.

While, based on its RTR analysis, EPA proposes to leave the current CT standards in place, the proposal would expand the reach of those standards to two additional subcategories of units by lifting a stay that has been in effect since the standards were originally finalized. Lifting that 15-year-old stay would impact lean pre-mix and diffusion flame natural-gas-fired CTs. The proposal would also eliminate the startup, shutdown, and malfunction exemption for all units subject to the rule. Although all existing lean pre-mix and diffusion-flame gas-fired units would become subject to the NESHAP, only units constructed or reconstructed after January 14, 2003 must comply with substantive emission and operating limitations.
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On February 7, 2019, EPA published its proposed revised Supplemental Cost Finding for the Mercury and Air Toxics Standards (MATS) and risk and technology review. The proposal re-evaluates the cost of complying with the MATS rule for coal- and oil-fired power plants, and the associated benefits of regulating hazardous air pollutant (HAP) emissions from these sources. Based on its revised analysis, EPA has determined that it is not “appropriate and necessary” to regulate HAP emissions from power plants under Section 112 of the Clean Air Act.
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In the last month of 2018, EPA released two proposals that it claims will have no immediate effect—revised CO2 standards for new coal-fired power plants that EPA does not expect anyone to build, and a determination that it is not “appropriate and necessary” to have a mercury rule that it nevertheless plans to keep on the books.  The question many may be asking is why EPA would issue two highly controversial rules if they won’t have any practical effect?  The answer may lie in the precedent they will set.

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On December 28, 2018, the U.S. Environmental Protection Agency (“EPA”) released a pre-publication version of a proposal revisiting the cost analysis underlying the Mercury and Air Toxics Standards (“MATS Rule”) for coal- and oil-fired electric generating units (EGUs) and conducting the residual risk and technology review required by the Clean Air Act (“Proposal”).  The Proposal would reverse a previous finding, issued by EPA under the Obama Administration, that regulation of hazardous air pollutant (“HAP”) emissions from EGUs under the MATS Rule was “appropriate and necessary” but would nonetheless leave the rule in effect.  The Proposal also concludes that more stringent HAP emission limits are not warranted by the required risk and technology reviews.

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Last week, a federal district court ordered the Environmental Protection Agency (EPA) to complete its “risk and technology review” of existing hazardous air pollutant (HAP) rules for 20 industrial sectors within three years.  The order comes in response to a lawsuit filed by environmentalists arguing that EPA is years overdue in completing reviews required by