EPA Addreses Interstate Pollution With Significant New Transport Rule

This from Marsha Kauffman and Anne Blankenship of our office:

On July 6, 2010, the US Environmental Protection Agency (EPA) proposed the Transport Rule which will require 31 states, including West Virginia, to significantly improve air quality by reducing power plant emissions that contribute to ozone and fine particle pollution in other states. When final, the Transport Rule will replace the 2005 Clean Air Interstate Rule (CAIR). The CAIR requirements for pollution reductions remain in effect and the CAIR regional control programs are operating while EPA works to complete the Transport Rule.

EPA is proposing one approach for reducing SO2 and NOx emissions in states covered by this rule and taking comment on two alternatives:

1. In EPA’s preferred approach, EPA is proposing to set a pollution limit (or budget) for each of the 31 states and the District of Columbia. This approach allows limited interstate trading among power plants but assures that each state will meet its pollution control obligations.

2. 1^st Alternative – EPA proposes to set a pollution limit or budget for each state. This option allows trading only among power plants within a state.

3. 2^nd Alternative – EPA proposes to set a pollution limit for each state and to specify the allowable emission limit for each power plant and allow some averaging.

EPA anticipates that power plants may use the following to achieve emission reductions:

· Operate already installed control equipment more frequently

· Use low sulfur coal

· Install control equipment such as NOx burners, Selective Catalytic Reduction, or scrubbers (Flue Gas Desulfurization)

The emissions budgets for West Virginia are:

	SO2	NOx
2012 and 2013	205,422	51,990
2014 and later	119,016	51,990

· The emissions reductions will begin to take effect in 2012.

· West Virginia will be required to reduce emission of SO2 and NOx as well as NOx during the Ozone Season.

· Although a state may choose to develop its own state plan, EPA is proposing federal implementation plans (FIPs) for each of the states covered by the Transport Rule.

· The public comment period will run for 60 days following publication in the Federal Register.

· EPA plans to hold three (3) public hearings on the proposed Transport Rule. Information regarding the public hearings will be provided in a separate Federal Register Notice.