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MIRATECH Corporation Emissions Monitor  May 2010
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EPA Disapproves Texas Air Permitting Exemption Program.  TCEQ Approves New Proposals.

In September 2009, the U.S. Environmental Protection Agency (EPA) issued a Federal Register Notice proposing to disapprove the Texas Commission on Environmental Quality (TCEQ) Qualified Facilities Program and invited public comment.   The Qualified Facilities Program allows TCEQ Logocompanies that have Texas issued air permits to avoid certain federal clean-air requirements including public review when they modify their plants.

On completion of its review EPA announced on 31 March 2010 it had disapproved the Qualified Facilities Exemption rule TCEQ submitted for inclusion in its federally approved State Implementation Plan (SIP). 

EPA says the TCEQ rule allowed companies that have Texas issued air permits to avoid including public review when they modify their plants. EPA has determined that this regulation does not meet several federal Clean Air Act requirements.   EPA says its action improves transparency by requiring companies that modify their operations to notify the public and assures that all air emitting sources are properly permitted under the Clean Air Act. 

EPA has been meeting with TCEQ, industry representatives, and environmental groups to discuss deficiencies with air emission permits issued by the state agency. These discussions have led to Texas proposing new rules used to issue permits.  

On 30 March 2010 the TCEQ announced it had approved proposed rules to address EPA's concerns.  Further, TCEQ said it had submitted Qualified Facility Program rules to EPA 14 years ago, on 13 March 1996 and EPA did not formally respond until 23 September 2009, when the federal agency proposed disapproval of the rules.

Update to EPA Proposal to Add Oil and Gas Sector to Greenhouse Gas Reporting System Requirements

On 23 March 2010, the U.S. Environmental Protection Agency (EPA) proposed amending  its mandatory greenhouse gas (GHG) EPA Logo Smallreporting rule to apply to all petroleum and natural gas facilities emitting 25,000 metric tons or more of carbon dioxide equivalent annually (see April, 2010 Emissions Monitor).

EPA's petroleum and natural gas systems proposal (subpart W) would extend GHG reporting to the following facilities:
  • On shore and off shore petroleum and natural gas production
  • On shore natural gas processing
  • Natural gas transmission
  • Underground natural gas storage
  • Liquefied natural gas (LNG) storage
  • LNG import and export facilities
  • Natural gas distribution facilities
On shore production and natural gas distribution facilities were not included in the initial proposal.


EPA Announces Phase-in of Clean Air Act Permitting for Greenhouse Gases.  No stationary source requirements until January 2011

On 29 March 2010 the U.S. Environmental Protection Agency (EPA) announced a final decision that no stationary sources will be required for Clean Air Act permits that cover greenhouse gases (GHGs) before JanuaryEPA Logo Small 2011. EPA has pledged to take sensible steps to address the billions of tons of greenhouse gas pollution that threaten Americans' health and welfare, and is providing time for large industrial facilities and state governments to put in place cost-effective, innovative technologies to control and reduce carbon pollution.

EPA's action determines that Clean Air Act construction and operating permit requirements for the largest emitting facilities will begin when the first national rule controlling GHGs takes effect. If finalized as proposed, the rule limiting GHG emissions for cars and light trucks would trigger these requirements in January 2011 - the earliest model year 2012 vehicles meeting the standards can be sold in the United States. The agency expects to issue final vehicle GHG standards shortly.

EPA has committed to focusing its GHG permitting requirements on the largest sources. The agency will make a decision later this spring on the amount of GHGs facilities can emit before having to include limits for these emissions in their permits.

For more information read EPA's fact sheet or its complete final order.

IMO Adopts EPA Proposal to Designate North American Coasts as Emission Control Area

On 26 March 2010, the U.S. Environmental Protection Agency (EPA) announced that the  International Maritime Organization (IMO) officially a
Click image to view enlarged EPA map
North American ECA
accepted EPA's proposal to designate waters off the North American coasts as an Emission Control Area (ECA) - a move that will require large ships that operate in the ECA to use dramatically cleaner fuel and technology.  The ECA was proposed in March 2009 and EPA says IMO adopted it in the fastest possible timetable.

The proposal for ECA designation was introduced by the U.S. and Canada, reflecting common interests, shared geography and interrelated economies. In July 2009, France joined as a co-proposer on behalf of its island territories of Saint-Pierre and Miquelon, which form an archipelago off the coast of Newfoundland. Allowing for the lead time associated with the IMO process, the North American ECA will become enforceable in August 2012.

Enforcing the ECA standards will reduce sulfur content in fuel by 98 percent - slashing particulate matter emissions by 85 percent, and nitrogen oxide (NOx) emissions by 80 percent. To achieve these reductions, tougher sulfur standards will phase in starting in 2012, ultimately reaching no more than 1,000 parts per million (0.1%) by 2015. Also, new ships must use advanced emission control technologies beginning in 2016 which will help reduce NOx emissions.

The area of the North American ECA includes waters adjacent to the Pacific coast, the Atlantic/Gulf coast and the eight main Hawaiian Islands. It extends up to 200 nautical miles from coasts of the United States, Canada and the French territories, except that it does not extend into marine areas subject to the sovereignty or jurisdiction of other States.

More information - including ECA engine and fuel standards - is included in EPA's fact sheet.
California Announces $800,000 Grant for Locomotive Aftertreatment Demonstration Project

On 29 March 2010, the California Air Resources Board (ARB) announced a grant solicitation of $800,000 for an Advanced Technology Demonstration Project for the demonstration of advanced aftertreatment devicesCARB Logo on existing locomotive engines operating in California. Public agencies such as air districts, ports, federal, state, or local government entities or agencies with expertise implementing demonstration programs and the requisite knowledge of locomotive operations may apply to become the demonstration project grantee. 

Applications are due to ARB by 28 May 2010.  More information and associated documents can be found on ARB's Web site.
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