Cross-State Air Pollution Rule Affecting Power Plants Finalized

On September 7, 2016, the USEPA finalized an update to the Cross-State Air Pollution Rule (CSAPR) for the 2008 ozone National Ambient Air Quality Standard (NAAQS) by issuing a final CSAPR Update. See https://www.epa.gov/airmarkets/final-cross-state-air-pollution-rule-update. The final rule has not yet been published in the Federal Register.

CSAPR was designed to address facilities that cause significant pollution that travels long distances impacting people in other states. States in which these facilities operate have not been motivated to regulate their emissions as it does not affect the health of their citizens. This federal rule achieves this. USEPA estimates that the rule will reduce summer (May – September) emissions of nitrogen oxides (NOx) from power plants in 22 states, result in benefits totaling up to $880 million, and reduce ground-level ozone exposure for millions so people, reducing rates of asthma, cancer, and other diseases.

Beginning in May 2017, the new rule will affect 2,875 electric generating units at 886 coal, gas and oil power plants. The USEPA says affected power plants can achieve the required NOx emissions reductions using existing, cost-effective technology.

Under CSAPR, each of the 22 states hosting an affected electric generating unit must develop state implementation plans meeting minimum NOx emission requirements under the supervision of the USEPA which could issue a federal implementation plan for each state that fails to submit an approvable plan.

The power industry has come out against CSAPR since its inception, suing the USEPA. The US Supreme Court upheld the CSAPR in 2014. However, the US Court of Appeals, DC Circuit in July 2015 remanded parts of CSAPR to the USEPA for updating, and this is the final update. This update is based on downwind areas meeting the 2008 ozone NAAQS of 75 parts per billion, and not the subsequently updated standard of 70 ppb. The power industry is still not happy with the updated version and a legal challenge to CSAPR is likely.

CCES has the technical experts to help your company implement the technical requirements to comply with a variety of environmental and air quality rules. Our engineers can perform an emissions inventory and determine from a technical point of view how to maintain compliance or get in compliance with federal and state air rules. Contact us today at 914-584-6720 or at karell@CCESworld.com.