Citing data from the state of Illinois, the EPA has announced it intends to revise its proposed designation for Kenosha County, and recommend it be designated nonattainment for the 2008 8-hour ozone standard. This decision by the EPA is unwelcome, as nonattainment designations carry with them substantial regulatory and related economic burdens.

The EPA’s Boiler MACT rules were reconsidered and stayed after their publication in March 2011. This article provides analysis of the federal court case that overturned the stay, and details on the EPA’s reconsidered rules which are now available for comment.

The stay of the Cross State Air Pollution Rule by the United States Court of Appeals for the District of Columbia Circuit casts uncertainty over an EPA proposal to allow states to rely on the Cross State Air Pollution Rule to meet the Clean Air Act’s regional haze requirements. The regional haze program modifications, announced the same day as the stay, are now uncertain.

Mandated by the FY2008 Consolidated Appropriations Act, the EPA launched the GHG Reporting Program in October 2009, requiring the reporting of GHG data from large emission sources across a range of industry sectors, as well as suppliers of products that would emit GHGs if released or combusted. The first data reported under that rule has now been released to the public in an easy to use database.

The EPA’s online data publication tool allows users to view and sort GHG data for calendar year 2010, the first year data was collected under the mandatory rule, from over 6,700 facilities in a variety of ways—including by facility, location, industrial sector, and the type of GHG emitted. For example, the data set includes information on 136 GHG emitters in the state of Wisconsin.

On December 30th, a federal appeals court ruled that the Environmental Protection Agency must delay implementation of the Cross State Air Pollution Rule pending the outcome of legal challenges to the case.

Though still in flux, the Cross State Air Pollution Rule is going into effect on January 1, 2012. This post provides a brief discussion of the rule’s history, its expansion, the status of proposed modifications to state emission budgets, and an update on the main legal challenge to the rule.

The State Bar’s Energy & Telecommunications Law and Environmental Law Sections and the Wisconsin Public Utility Institute (WPUI) at UW-Madison are sponsoring a CLE event focusing on Proposed Federal Regulations and Their Potential Impacts on Wisconsin's Electric Utilities, Their Ratepayers, and Reliability.

Keynote speakers will include Susan Hedman, EPA’s Administrator in its District 5 Chicago office, and Ellen Nowak, recently-appointed as a Commissioner of the Public Service Commission of Wisconsin.

The EPA is proposing amendments to the national emission standards for hazardous air pollutants for the pulp and paper industry.

As required by the Clean Air Act (CAA), the EPA must set industry air pollution standards that are up-to-date, ensuring that the standards reflect the newest available technology and provide protection for human health and the environment. As such, the EPA is proposing new National Emission Standards for Hazardous Air Pollutants (NESHAP) categorized under Subpart S. Subpart S controls hazardous air pollutant (HAP) emissions from the pulp and paper production areas of mills using the kraft, sulfite, semi-chemical, and soda pulp processes (MACT I) and HAP emissions from pulp and paper production areas of mills using mechanical, secondary fiber, and non-wood pulping, and papermaking systems at all mills (MACT III).

The EPA is currently implementing the 2008 National Ambient Air Quality Standard (NAAQS) for ozone, 0.075 parts per million. On December 20th, the EPA published its proposed determinations in the Federal Register. The EPA intends to designate 43 areas as being in nonattainment of the 2008 ozone standard, including Sheboygan County, Wisconsin.

Industry representatives and lawmakers say the EPA's Mercury and Air Toxics Standards (MATS)/Utility MACT rule will force power plant shutdowns and raise electric rates, while health and environmental advocates hail the regulation as a long-overdue victory. GLLF provides a summary of the biggest stories from the Wisconsin and national media.

The EPA has finalized the court-ordered Mercury and Air Toxics Standards (MATS) for power plants. Commonly called the Utility MACT (maximum achievable control technology) rules, they are the first ever standards limiting mercury, acid gases, and other toxic pollution from power plants. The standards were originally ordered to be completed by November 16, 2011, but the court-ordered deadline was extended by a month to accommodate the extended comment period and the volume of comments the EPA received on the proposed rule.

The EPA-projected total national annual cost of this rule is $9.6 billion. The EPA estimates that for every dollar spent to reduce pollution from power plants, the American public will see up to $9 in health benefits. The total health and economic benefits of this standard are estimated to be as much as $90 billion annually.

December 16th was the court-ordered deadline for EPA to issue the first ever standards limiting mercury, acid gases, and other toxic pollution from power plants, known as the Utility MACT (MACT stands for maximum achievable control technology) rules. The rules are not yet available, however, EPA Administrator Lisa Jackson said during an address at Duke University on December 6 that the rules would be issued within days.

Additional information about the proposed rules is available on the Great Lakes Legal Foundation Utility MACT webpage, which will be updated with the final rules as soon as they are released.

The Farm Dust Regulation Prevention Act, H.R. 1633, which would prevent the EPA from issuing any new rule over the next year that regulates “nuisance dust,” passed the U.S. House of Representatives on a 268-150 vote.

After facing criticism from industry and lawmakers, the Obama administration on Friday, December 02, 2011, proposed easing rules aimed at reducing toxic air pollution from industrial boilers and incinerators.

The Environmental Protection Agency will develop and finalize multiple rules over the next several years that will dramatically impact the air, water, and energy regulatory climate. This unprecedented level of activity will be mirrored at the state level since each federal regulation will trigger the promulgation of state rules to implement the standards. Studies have shown these rules will have an impact on the overall economy, jobs, competitiveness, and energy costs.

Below is a brief summary of of the most recent action on the multitude of rules under promulgation as well as information on expected future actions.

Wisconsin Congressman Jim Sensenbrenner is leading a two front attack on the EPA’s registration of E15 fuel. Sensenbrenner has introduced legislation requiring more studies and higher standards and has also asked the EPA to delay any action on E15.

The EPA’s new regulations impacting power plants have many questioning the overall impact the rules will have on the nation’s electric reliability. An upcoming technical conference hosted by the Federal Energy Regulatory Commission (FERC) will provide greater insight on the potential impacts of the impending EPA regulations. A recent article in the Milwaukee Journal-Sentinel highlighted one possible impact in Wisconsin and Michigan.

Today, November 17, 2011, The Environmental Protection Agency (EPA) and the Department of Energy (DOE) formally unveiled their joint proposal to set stronger fuel economy and greenhouse gas pollution standards. This plan for strengthening  Corporate Average Fuel Economy standards, is known as CAFE, and is in effect for model years 2017-2025. The 2025 target is 54.5 miles per gallon (mpg), which is almost double the current standard.

The EPA has announced a court ordered schedule to review and act on more than 40 state pollution reduction plans that will improve visibility in national parks and wilderness areas.

The Senate voted down a Republican proposal to nullify the EPA’s Cross-State Air Pollution Rule (CSAPR), with the measure falling by a vote of 41-56.