Environmental Management Assistance Program (EMAP)’s Post

Recent rules from the US Environmental Protection Agency (EPA) are essential to decarbonizing the U.S. economy and meeting national climate goals. CATF’s Katie Blair and Alan Masinter detail two key ways EPA can fast track air permitting reforms to advance the deployment of low-carbon technologies. 1️⃣ EPA should pull back the “redefining the source” policy. This policy significantly limits which lower emitting processes and pollution control options can be considered in permitting new and modified sources. 2️⃣ EPA should reinvigorate the Clean Air Act’s “alternatives” requirement. A reinvigorated and formalized alternatives analysis directive would give cleaner technologies a fair evaluation in the air permitting process. With funding available from laws like the Infrastructure Investment and Jobs Act and the #InflationReductionAct to support innovation in clean industrial technologies, EPA can take steps now to move lower emitting options forward through critical air permitting elements. https://lnkd.in/eabZyc3U

The progress report against the Environmental Improvement Plan describes progress relating to sewage pollution, septic tanks, minewater and the chalk-stream strategy. But the report makes no mention of progress around the control of pollution from highway runoff, and the section of the Chalk Stream Strategy has made zero progress on its aim to manage highway pollution. Is it me? Or is there an actual 'block' on the control of pollution from highway runoff? #HighwayRunoffPollution https://lnkd.in/ek-i9Rqt

Water company discharges are highly visible and now very much in the public and political consciousness. Highway drainage and agricultural run-off are the elephants in the room that no-one wishes to tackle. Despite there being no automatic right of connection for surface water discharges, currently 30%-70% of storm flows in combined sewers are from roads and footpaths. Local highway authorities currently transfer most, if not all, of the costs of dealing with rainwater run-off from their roads onto sewerage customer. This is an unfunded obligation on water company bill payers. Perhaps it is time to revisit the Walker Review (2009) in which Anna Walker recommends exploring a mechanism to transfer highway drainage costs to the local highway authority, which would accord with the ‘polluter pays’ principle, and incentivise alternatives to sewer connections i.e. charge according to the use made of the system and by volume used as the most effective way of incentivising efficient use of water. Is it time to ‘permit’ all discharges to watercourses, not just CSO’s? Start monitoring surface water, highway drainage and land drainage outfalls and take appropriate enforcement action where necessary - be that water company, local authority or riparian owner. Jo Bradley, Alastair Chisholm, Alan Smith, Jacqueline Diaz-Nieto

The U.S. of Court of Appeals for the Fifth Circuit has withdrawn its November 2023 opinion regarding a Texas Commission on Environmental Quality (TCEQ) permit for a Port Arthur, Texas liquified natural gas (LNG) project. A key issue in the case has now been certified by the Fifth Circuit for review by the Texas Supreme Court. Below is an excerpt from the February 2024 opinion. "Port Arthur Community Action Network (PACAN) petitions this court for review of a decision by the Texas Commission on Environmental Quality (TCEQ) not to impose certain emissions limitations on a new liquid natural gas (LNG) facility that it previously imposed on another such facility. The petition raises the question of whether Texas’s definition of “best available control technology” encompasses air pollution control methods that TCEQ has permitted but that are not yet in operation. Specifically, we are asked to determine whether the term “proven to be operational” means currently in operation or capable of operation. Because we cannot confidently make an Erie guess, we CERTIFY the question to the Supreme Court of Texas. .... Accordingly, we CERTIFY the following determinative question of law to the Supreme Court of Texas: Does the phrase “has proven to be operational” in Texas’ definition of “best available control technology” codified at Section 116.10(1) of the Texas Administrative Code require an air pollution control method to be currently operating under a permit issued by the Texas Commission on Environmental Quality, or does it refer to methods that TCEQ deems to be capable of operating in the future?" The opinion can be found here:

On January 5, 2023, the U.S. Environmental Protection Agency (EPA) took final action to redesignate the Las Vegas Valley (HA 212), including a portion of Clark County, from marginal to moderate nonattainment for the 2015 8-hour ozone National Ambient Air Quality Standard (NAAQS) with a deadline to attain by August 3, 2024. Per 2020-2022 ozone monitor data, 𝐢𝐭 𝐢𝐬 𝐚𝐧𝐭𝐢𝐜𝐢𝐩𝐚𝐭𝐞𝐝 𝐭𝐡𝐚𝐭 𝐭𝐡𝐞 𝐚𝐫𝐞𝐚 𝐰𝐢𝐥𝐥 𝐟𝐚𝐢𝐥 𝐭𝐨 𝐝𝐞𝐦𝐨𝐧𝐬𝐭𝐫𝐚𝐭𝐞 𝐚𝐭𝐭𝐚𝐢𝐧𝐦𝐞𝐧𝐭 𝐛𝐲 𝟐𝟎𝟐𝟒 𝐚𝐧𝐝 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐫𝐞𝐜𝐥𝐚𝐬𝐬𝐢𝐟𝐢𝐞𝐝 𝐭𝐨 𝐬𝐞𝐫𝐢𝐨𝐮𝐬 𝐧𝐨𝐧𝐚𝐭𝐭𝐚𝐢𝐧𝐦𝐞𝐧𝐭. Impacts to stationary sources upon redesignation to serious nonattainment will include a lower major source threshold of 𝟓𝟎 𝐭𝐨𝐧𝐬 𝐩𝐞𝐫 𝐲𝐞𝐚𝐫 (𝐭𝐩𝐲) 𝐟𝐨𝐫 𝐍𝐢𝐭𝐫𝐨𝐠𝐞𝐧 𝐎𝐱𝐢𝐝𝐞𝐬 (𝐍𝐎𝐱) 𝐚𝐧𝐝 𝐕𝐨𝐥𝐚𝐭𝐢𝐥𝐞 𝐎𝐫𝐠𝐚𝐧𝐢𝐜 𝐂𝐨𝐦𝐩𝐨𝐮𝐧𝐝𝐬 (𝐕𝐎𝐂). Emission source modifications with a NOx and/or VOC potential to emit (PTE) above 50 tpy would trigger Nonattainment New Source Review (NNSR), which requires Lowest Achievable Emission Rate (LAER) levels of control and emission reduction credits with an offset ratio of 1.2 to 1 for NOx and/or VOC. In addition, on January 6, 2023, the USEPA announced its proposed decision to revise the NAAQS for fine particulate (PM2.5). The revised PM2.5 annual NAAQS is 9 ug/m3 and became effective on May 6, 2024. There are multiple ways that this proposed rulemaking will affect companies and their potential projects. On July 24th Trinity Consultants will discuss these two topics from a compliance and reporting standpoint and how they will impact your facility’s existing and future projects. Our luncheon will conclude with a live Q&A session to allow participants to ask any regulatory questions or potential compliance concerns. Register HERE today: https://lnkd.in/gV3_ccfz Course Topics - Permitting under serious ozone nonattainment - LAER and emission reduction credits - PM2.5 air dispersion modeling - Short-term compliance implications, including impacts to Prevention of Significant Deterioration and minor new source review permitting - Long-term compliance implications, including NNSR Spots are limited so make sure to register for the event as soon as possible! We hope to see you there!

🌍 Important Update on Environmental Regulations 🌍 The recent Supreme Court ruling on the EPA’s authority to regulate methane and mercury emissions marks a pivotal moment for environmental policy and the energy sector. This decision solidifies the robust framework of methane regulations affecting the energy industry. At Sphere 3, we are committed to helping businesses navigate the complexities of air emissions permitting and compliance. Our team provides expert guidance to ensure that organizations not only meet regulatory requirements but also embrace sustainable practices that benefit both the environment and their bottom line. As we move forward in this evolving regulatory landscape, we remain dedicated to supporting our clients in achieving compliance while fostering innovation in emissions management. Let’s work together to create a cleaner, safer future! 🌱💼 Learn more about our air quality offerings on our website: https://lnkd.in/gXpmsPNX              Read more about the ruling here: https://lnkd.in/gjzqYCDZ #EnvironmentalRegulations #AirQuality #Sustainability #Compliance #EPA #Methane #Mercury #ClimateAction

These are just some of the key pieces of EU environmental legislation, and there are many more directives, regulations, and decisions that make up the body of EU environmental law. European Environmental Policy: Framework for setting environmental objectives and strategies at the EU level. Water Framework Directive (WFD): Aims to achieve good status for all water bodies (rivers, lakes, coastal waters, and groundwater) within the EU. Marine Strategy Framework Directive (MSFD): Establishes a framework for marine environmental protection to achieve or maintain good environmental status in EU marine waters. Habitats Directive: Focuses on the conservation of natural habitats and wild fauna and flora in the EU. Birds Directive: Aims to protect all wild bird species naturally occurring in the European Union. Waste Framework Directive: Sets out the basic concepts and definitions related to waste management and establishes a framework for waste management practices. Landfill Directive: Regulates the landfill of waste in the European Union, aiming to minimize its environmental impact. Industrial Emissions Directive (IED): Sets rules to prevent and control emissions of pollutants into the air, water, and soil from industrial installations. REACH Regulation: Stands for Registration, Evaluation, Authorization, and Restriction of Chemicals. It addresses the production and use of chemical substances, aiming to ensure a high level of protection of human health and the environment. Climate and Energy Package: Includes legislation such as the EU Emissions Trading System (ETS), Renewable Energy Directive, Energy Efficiency Directive, and Effort Sharing Regulation, among others, aimed at reducing greenhouse gas emissions and promoting renewable energy and energy efficiency. Air Quality Directive: Sets standards for ambient air quality, aiming to protect human health and the environment from air pollution. Noise Directive: Addresses noise pollution and its effects on human health and the environment. Environmental Impact Assessment (EIA) Directive: Requires the assessment of the environmental impact of certain public and private projects before they are approved. Bathing Water Directive: Sets quality standards for bathing waters in the EU to protect public health. Environmental Liability Directive: Establishes a framework for the prevention and remediation of environmental damage.

The US Environmental Protection Agency (EPA) finalized four rules on April 25th to reduce air and water pollution in the #PowerSector that officials say would collectively result in hundreds of billions of dollars in economic and #PublicHealth benefits. ⚖ But not everyone is keen on the rulings. Learn more about the news via Engineering News-Record, with commentary from our expert, Jason Rowell. 👇

The Environmental Protection Agency announced a final rule today in which the organization seeks to further limit “the emission of non-mercury HAP metals from existing coal-fired power plants. EPA is also tightening the emission standard for mercury for existing lignite-fired power plants to a level that is aligned with the mercury standard that other coal-fired power plants have been achieving under the current MATS." https://lnkd.in/ertm9gUk

US Environmental Protection Agency (EPA) ISSUES NEW HAZARDOUS AIR POLLUTANT RULE FOR LIME INDUSTRY On February 9, 2024, US Environmental Protection Agency (EPA) published a new Proposed Lime Rule addressing hazardous air pollutants (HAPs) in the Federal Register. Comments are due on March 11, 2024. The proposed rule made significant changes to all four of the relevant hazardous air pollutant (HAP) emission limits compared to the one published by the agency last year: HCl, Mercury, Organics, Dioxins & Furans. In all cases, US Environmental Protection Agency (EPA) declined to regulate “beyond the floor” for the MACT standards, finding that doing so would not be cost-effective. EPA proposed adding a concept of emissions averaging for both HCl and mercury emissions at the same plant, with some restrictions. Overall, the agency determined that the revised rule would impose total costs on the lime industry of $2-2.4 billion, and an annual cost of $174 million per year. Like the previous rule, EPA proposed a three-year compliance deadline to meet the new emissions standards. Read more here: https://lnkd.in/e6x2Ebfy #LDXSolutions #airpollutioncontrol #NLA #LimeManufacturing #emissioncontrol #emissionreduction #EPA #LimeIndustry #airpollution