Energy Law Update: EPA Proposes Supplemental Action to the Proposed Amendments to New Source Performance Standards for Coal Preparation and Processing Plants.
The United States Environmental Protection Agency (EPA) has proposed to supplement its April 2008 proposed rule amendments relating to new source performance standards for coal preparation and processing plants. The proposed supplement would, in effect, impose more stringent requirements. (
For a comparison of the existing rule, the 2008 proposal and the proposed supplement, see Summary of the EPA's Proposed Amendments.) This supplemental action would create emission standards for coal processing equipment, establish work practice standards to control dust from open stockpiles and roadways surrounding new plants, set emission limits and opacity requirements for certain pollutants, and change the proposed monitoring requirements for affected facilities.
As a preliminary matter, the EPA proposes amending the definition of "coal" under 40 C.F.R. Part 60, subpart Y, to include petroleum coke and coal refuse, which would expand the number of regulated facilities and equipment that are subject to the rule. Further, the EPA proposes that the definition of "pneumatic coal cleaning equipment" be amended to include equipment cleaning all coal ranks, where the existing definition excludes non-bituminous coal. Additionally, affected facilities will be required to implement work practice standards such as wind fences, wet or chemical suppression, or to install other available control technologies to control dust from open stockpiles and roadways surrounding newly constructed plants.
Regarding thermal dryers, the EPA has proposed several changes to the existing rule with respect to opacity and particulate matter emissions limits. The existing rules include a blanket twenty percent opacity limit for all affected thermal dryers. Under the latest proposal for new thermal dryers constructed after April 28, 2008, the opacity limit would be less than ten percent, which is less than half of the current standard. For both reconstructed and modified thermal dryers, the EPA has proposed that the opacity limit remain at current levels.
The April 2008 proposed rule amendments include particulate matter emission limits for coal handling equipment that are not in place under the existing rule. The EPA's latest proposal will make more stringent the previously proposed limits for coal handling equipment that was under construction, re-construction or modification after April 28, 2008. In addition, while neither the existing regulations nor the April 2008 proposed amendments contain limits on sulfur dioxide (SO2), nitrogen oxide (NOx), or carbon monoxide (CO) emissions from coal preparation facilities, the EPA's recent notice proposes adding such limits in response to public comments on the 2008 proposed rule amendments, which cited potential health risks from such emissions.
Finally, with respect to monitoring requirements, the EPA has proposed that facilities with low potential emissions rates only be required to perform an initial performance test, after which the facility would be exempt from annual performance testing (as long as the initial test falls within emissions limits). For facilities with a higher rate of potential emissions, testing of a single facility will be adequate for up to four other similar, separate facilities as long as certain conditions are met. Under the proposed changes, if the most recent performance test shows that a facility emits fifty percent or less of the applicable standard, that facility would only be required to conduct performance testing every two years rather than annually. Furthermore, the EPA proposes that, for sources with low opacity, the length of each required observation would be reduced to ten minutes instead of the one hour previously proposed; however, the frequency of required observations would be increased to daily observations as opposed to the previously proposed standard of three observations per month. If no visible emissions are observed for seven consecutive operating days, the frequency of observations may be reduced to once a week rather than daily. The proposal also suggests that bag leak detection systems for both thermal and pneumatic equipment should be required for any affected facility with fabric filters that has a potential emission rate of 25 Mg or more.
EPA is accepting comments on this latest proposal through July 13, 2009.
J. Kevin Ellis
United Center
1085 Van Voorhis Rd.
Suite 400
Morgantown, WV 26507
304-598-8168
kevin.ellis@steptoe-johnson
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