More on the EPA New Source Performance Standards: The EPA is devel- oping or revising NSPSs for several industrial sectors. Inside Counsel indicated that the EPA is on the verge of issuing or proposing a long list of new regulations. Water Some of the most important regulations expected are: Hydraulic fracturing:The EPA is conducting a major study of the practice of hydraulic fracturing, in view of the con- Air Pollution cerns that have been expressed over its impacts on water GHG emissions from new electric generating plants: On pollution, air pollution, and other areas. A draft report is March 27, the EPA announced proposed new regulations expected in 2013; if the report finds that hydraulic frac- setting GHG standards for new electric generating plants. turing leads to significant methane emissions, the EPA The standards could be met by modern natural gas-fired restrictions on those emissions could follow. During the plants but not by coal-fired power plants using current campaign President Obama repeatedly expressed his technology. EPA plans to issue the final rule by April 2013. support for this practice, but the EPA is preparing rules that will regulate it. GHG emissions from existing electric generating Cooling Water Intake Structures: The EPA will plants: The EPA has the authority to regulate GHGs from existing plants but has not an- take final action on this proposed rule under Section 316(b) of the Clean Water Act by nounced what these standards will look July 2013. like or when they will be announced. A proposal is likely in the coming year. Concentrated Animal Feeding Operations (CAFOs): The EPA is revising its rules Boiler and Utility MACTs: The EPA issues to expand the universe of regulated standards for the Maximum Achiev- CAFOs and to provide more stringent able Control Technology (MACT) for permitting requirements for applica- various sources of hazardous air pol- tions of waste and produced water. lutants. EPA will shortly issue new MACT The revision is expected in May 2013. standards for mercury and other emissions from industrial boilers and incinerators, and Wetlands: Recent Supreme Court decisions separate standards for new electric generating units. have led to great confusion about the extent of federal authority over isolated waters, intermittent NAAQS : T h e E PA i s p r e p a r i n g t o i s - streams and certain other areas. The EPA and the sue or propose new, tighter National Ambi Corps of Engineers have been working on guidance to ent Air Quality Standards (NAAQS) for ground- clarify what lands are and are not federally regulated. level ozone and for fine particulate matter (PM 2.5). Hazardous & Solid Waste Tier 3 Vehicle and Sulfur Rules: The EPA is considering a Coal ash: Coal-fired power plants generate large quanti- set of rules, called the Tier 3 rules, that would reduce the ties of coal ash. For many years there has been ambi- permissible content of sulfur and certain other pollutants guity about the status of this ash under the Resource in gasoline, and regulate emissions of these pollutants Conservation & Recovery Act (RCRA). In June 2010, the from new motor vehicles and engines. EPA proposed several possible approaches; under one of them, coal ash would become a “special waste” under Cross-State Air Pollution Rule: This was a major rule RCRA, which would subject it to extremely expensive issued in August 2011 regarding sulfur dioxide and handling requirements. This became quite controversial. nitrogen oxides pollution from stationary sources in The EPA sent the new coal ash standard to the Office the eastern and Midwestern states. The D.C. Circuit in- of Management and Budget for regulatory review in validated the rule in August, leaving in effect the Clean March. In October the EPA announced that due to new Air Interstate Rule, which that court had ruled invalid data and the subsequent need to complete revisions of (but left in place) in 2008. EPA is seeking en banc review toxicity characteristics and toxicity characteristic leaching of the new decision; if EPA does not prevail here, it will procedure regulations, October 2013 is the earliest the need to go back to the drawing board with these rules. standards will be ready. Spray Source: Michael Gerrard, www.insidecounsel.com January 2013 Spray 27
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