Download the full report for May 2012 (pdf)

Recent Developments (Updated May 4, 2012)

EPA Proposes Greenhouse Gas Emission Standards for Power Plants

The U.S. Environmental Protection Agency (EPA) proposed long-awaited New Source Performance Standards (NSPS) limiting carbon dioxide (CO₂) emissions from new fossil fuel-fired electric generating units (EGUs) in fulfillment of a consent agreement with environmental groups. The rule requires all new EGUs to meet an output-based emission rate of 1,000 pounds of CO₂ per megawatt-hour based on the performance of widely-used natural gas combined cycle units. Coal and petroleum coke-fired EGUs can meet the limit either by employing carbon capture and storage immediately or installing it within 10 years and meeting an emission limit measured over a 30-year averaging period. The NSPS applies only to new EGUs; modified sources are not regulated. The proposed rule can be found in the April 13, 2012 Federal Register at: www.gpo.gov/fdsys.

Siting Board Proposes New Article 10 Power Plant Siting Rules

The New York State Board on Electric Generation Siting and the Environment (Siting Board) proposed regulations implementing the power plant siting requirements of the Power NY Act of 2011, which created a new statewide framework for siting and repowering electric generating facilities. The regulations contain the procedures for acquiring an Article 10 Certificate of Environmental Compatibility and Public Need, covering everything from pre-application procedures through compliance filings. The proposed regulations also contain detailed directions on the content of the application itself, identifying a total of 41 exhibits that may need to be included with the application and their content/format. Earlier this year, the New York State Department of Environmental Conservation (DEC) proposed regulations establishing greenhouse gas emission standards and environmental justice review procedures mandated by the 2011 Article 10 power plant siting law. The Siting Board’s proposed regulations can be found on its website at: www.dps.ny.gov/SitingBoard.

DEC Initiates Community Air Screen Program

DEC is accepting applications for a new Community Air Screen Program, which enlists community groups and individuals to conduct air quality surveillance for air toxics at the community level using equipment provided by DEC. If air toxics are detected at levels of concern, DEC will conduct additional testing and, if necessary, attempt to identify sources of the pollutant in the community.  DEC will consider the following information in deciding whether to grant a sampling application: (1) the applicant’s air quality concern and details about the applicant’s sampling plan; (2) the health risk associated with the pollutants identified or suspected; and (3) whether the community of concern is an environmental justice area. Information about the sampling program can be found on DEC’s website at: www.dec.ny.gov/public/81629.html.

Other Recent Developments

Federal

• AIR: EPA issued ozone nonattainment area designations under the 2008 ozone national ambient air quality standard, identifying two nonattainment areas in New York – the New York City metropolitan area and Jamestown (Chautauqua County), both of which have been classified as marginal nonattainment.
• WATER: EPA adopted criteria for certain public water systems to monitor new contaminants under the Safe Drinking Water Act for purposes of assembling the data needed to help EPA decide whether to regulate the contaminants. The rule identifies the contaminants to be monitored, the methods to be used, and the implementation schedule.

New York State

• AIR: DEC revised its incinerator regulations to implement EPA’s new emission standards for existing municipally-owned sewage sludge incinerators.      
• AIR: EPA proposed to approve New York’s best available retrofit technology regulations adopted to implement the federal regional haze rule, while disapproving certain facility-specific BART determinations.
• WATER: DEC made available for comment a draft guidance addressing permits for residential open pile catwalks/docks and floating docks under the tidal wetland regulations.
• WATER: A New York trial court recently revised its decision invalidating DEC’s 2010 State Pollutant Discharge Elimination System general permit for stormwater discharges from municipal separate storm sewer systems (MS4s), removing the portion of the order annulling the permit and allowing MS4s to continue operating under the permit pending further agency/court review.