As a follow-up to the April 27 webinar, AEP issued the 2021 CEMS Code Questions and Responses on May 5, 2021. AEP also posted a recording of the April 27th webinar. A copy of the latest Q&A document is available here.
On April 7, 2021, Alberta Environment and Parks (AEP) finalized the 2021 Continuous Emission Monitoring System (CEMS) Code. The 2021 Alberta CEMS Code becomes effective on or before January 1, 2022, to provide affected units the flexibility to comply with the new Code prior to the effective date. Otherwise, the 1998 CEMS Code will remain in effect until December 31, 2021.
A copy of the 2021 CEMS Code is available here. Supporting documents are available at www.alberta.ca/continuous-emissions-monitoring.aspx.
AEP is hosting a Revised CEMS Code Information Webinar on April 27, 2021, to provide information and to field questions concerning the 2021 CEMS Code. The webinar will include changes from the 1998 CEMS Code and changes made from draft 2. Click here to register for the Revised CEMS Code Information Webinar.
On April 30, 2021, just one day prior to the 2021 ozone season, EPA published the final 40 CFR Part 97, Subpart GGGGG, CSAPR NOx Ozone Season Group 3 Trading Program in the Federal Register. The CSAPR Group 3 rule requires additional NOx reductions from power plants located in twelve (12) states beginning with the 2021 ozone season. The twelve (12) affected States are Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia and West Virginia. The new Group 3 Trading Program is in addition to the existing Groups 1 and 2 NOx Ozone Trading Programs. The rulemaking also includes minor technical/administrative changes to the other CSAPR subparts.
Subpart GGGGG defines distinct Group 3 NOx ozone season State budgets for 2021, 2022, 2023 and “2024 and Beyond.” In general, one sees a reduction in the State budgets each year until the State budgets become fixed for the 2024 and Beyond ozone seasons. For example, reference the Group 3 State Budgets for the 2021 ozone season compared to the State budgets for 2024 and Beyond, as listed in the rule [FR-Vol. 86-No. 82, pages 23123-23124].
EPA also finalized Federal Implementation Implementation Plans (FIPs) for 22 states to address interstate transport of ozone pollution under the Clean Air Act’s “good neighbor” provisions. The final rule becomes effective on June 29, 2021. A copy of the Federal Register publication is available here.
On March 15, 2021, the EPA Administrator signed the final revisions to 40 CFR Part 97, Subpart GGGGG, CSAPR NOx Ozone Season Group 3 Trading Program. Subpart GGGGG requires additional NOx reductions from power plants located in twelve (12) states beginning with the 2021 ozone season. The twelve (12) affected States are Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia and West Virginia. The new Group 3 Trading Program would be in addition to the existing Groups 1 and 2 NOx Ozone Trading Programs. The final rule does not include ozone season NOx emission limits for non-EGUs. The rule will become effective sixty (60) days after the Federal Register publication date. VIM will post a copy of the Federal Register publication when it becomes available. A copy of the prepublication version of the rule can be found here.
On January 19, 2021, the D.C. Circuit Court of Appeals vacated the Affordable Clean Energy (ACE) Rule. The Court concluded, “Because promulgation of the ACE Rule and its embedded repeal of the Clean Power Plan rested critically on a mistaken reading of the Clean Air Act, we vacate the Ace Rule and remand to the Agency. We also vacate the amendments to the implementing regulations that extend the compliance timeline.” A copy of the Court’s decision is available here.
UPDATE: On February 12, 2021, EPA issued a memorandum to all EPA Regional Administrators to clarify that states do not have any obligations under the ACE Rule or the previous Clean Power Plan. A copy of the EPA memorandum is available here.
On December 23, 2020, EPA published revisions to 40 CFR Part 19, Civil Monetary Penalty Inflation Adjustment Rule in the Federal Register which increased violations to the Clean Air Act from $101,439 per day per violation to $102,638 per day per violation. The rule also increases the monetary penalty for violations to the Clean Water Act from $55,800 to $56,460. This civil penalty applies to violations that occurred after November 2, 2015, where penalties are assessed on or after December 23, 2020. The rule becomes effective on December 23, 2020. A copy of the rule is available here.
On November 19, 2020, EPA published finalized amendments to Subpart A, General Provisions for the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations in 40 CFR Part 63. Read more »
On October 30, 2020, EPA published proposed revisions to the Cross-State Air Pollution Rule (CSAPR) Update Rule in the Federal Register. The rule revisions are designed to replace the CSAPR Update Rule that was remanded by the US Court of Appeals on September 13, 2019.Read more »
On October 13, 2020, Alberta Environment and Parks (AEP) published a second draft of the 1998 Continuous Emission Monitoring System (CEMS) Code. On the same day, AEP hosted a webinar to provide information concerning the proposed revisions to the CEMS Code. AEP intends to issue the final CEMS Code after January 1, 2021 and the CEMS Code would tentatively become effective on January 1, 2022. A copy of the draft CEMS Code, supporting documents as well as a recording of the AEP webinar is available at www.alberta.ca/continuous-emissions-monitoring.aspx. A brochure summarizing the significant revisions to the CEMS code is available here.
On October 7, 2020, the EPA published updates in the Federal Register to correct inaccurate testing provisions and outdated procedures, as well as adding approved alternative procedures which allow more flexibility to testers. It includes performance specifications in 40 CFR 51, 60, 61, and 63.
One noteworthy addition includes the clarification of response time from “must not exceed 2 minutes” to “must not exceed 240 seconds” in 40 CFR 60, Appendix B, PS4B, section 4.5.
There is also a stipulation on the 40 CFR 60, Appendix F, Procedure 1, section 5.2.3(2) the criteria for CGAs as applicable to diluent monitors is included. For sites subject to 40 CFR 63, Subpart LLL, the units of measure in Equations 12 (THC operating limits), 13, 17, 18, and 19 are revised for clarity.
The rule is effective on December 7, 2020. Please review the rule under 85 FR 63394 for more details.
If you have any questions on the recent update or how they may impact your facility, contact VIM COMPAS at COMPAS@vimtechnologies.com. The VIM COMPAS Team is ready to assist you.
On October 1, 2020, the EPA Administrator signed final revisions to 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories.
The rule will become effective sixty (60) days after publication in the Federal Register. The rule is designed to formalize EPA’s 2018 guidance memorandum which overturned EPA previous policy of “once in, always in” (OIAI), which is often referred to as the May 1995 Seitz Memorandum.
The rule also finalizes revisions to the Part 63 General Provisions clarifying “that a major source can be reclassified to area source status at any time upon reducing its potential to emit (PTE) hazardous air pollutants (HAP) to below the major source thresholds (MST) of 10 tons per year (tpy) of any single HAP and 25 tpy of any combination of HAP.”
Additionally, the final rule specifies compliance dates, notification, and recordkeeping provisions applicable to sources electing to reclassify to area source status or to sources reverting back to major source status. A copy of the prepublication version of the rule is available here.