In a hearing before a Senate subcommittee on Tuesday, March 20th, EPA’s top air official, Gina McCarthy, continued to maintain that utility companies will have plenty of time to install new pollution controls required by EPA’s recently promulgated mercury standards.
Environmental News
NARUC and FERC Hold Initial Meeting of Forum on Reliability and the Environment
On Tuesday, February 7th, the National Association of Regulatory Utility Commissioners (“NARUC”), the national organization that represents State public service commissioners, and FERC held a meeting of the Forum on Reliability and the Environment (the “Forum”).
Recording of Troutman Sanders Webinar Discussion of the Utility MACT Rule & Electric Reliability Obligations Now Available
On January 19th, Troutman Sanders hosted a webinar presented by partners Peter Glaser and Daniel Larcamp on the Utility Maximum Achievable Control Technology (“MACT”) Rule, the Cross State Air Pollution Rule (“CSAPR”) Stay and the obligation to comply with grid reliability standards. The presentation discussed the following:
EPA Issues Utility MACT Rule; Court Stays CSAPR
The Environmental Protection Agency (“EPA”) provided the electric utility industry with an early Christmas gift last year. On December 21, 2011, EPA issued its “UMACT” rule, setting forth maximum achievable control technology (“MACT”) standards for coal and oil generating stations. Troutman Sanders has prepared a memorandum summarizing the rule here. The rule can be appealed 60 days after publication in the Federal Register. We expect publication in the Federal Register at some point during January 2012.
Troutman Sanders to Hold Webinar on Utility MACT Rule, CSAPR Stay and Electric Reliability Obligations
On January 19, 2012 from 3:00pm – 4:00pm, Troutman Sanders will host a webinar presentation on the Utility Maximum Achievable Control Technology (“MACT”) Rule, the Cross State Air Pollution Rule (“CSAPR”) Stay and the obligation to comply with grid reliability standards.
EPA Releases Final SO2 Emissions Limits on Oklahoma Plants
On Tuesday, December 13th, the Environmental Protection Agency (“EPA”) released its final Federal Implementation Plan (“FIP”) to impose new sulfur dioxide (SO2) emission limits on six coal-fired electric generating units in Oklahoma.
EPA Releases Industrial Boiler MACT Reconsideration Rule
On Friday, December 2, 2011, the Environmental Protection Agency (“EPA”) released its third attempt at a Maximum Achievable Control Technology (“MACT”) standard for industrial boilers and process heaters under the Clean Air Act. EPA’s latest proposal is a reconsideration of the final rule that was adopted in February and published March 21, 2011, which EPA promised to revise the same day it was released.
FERC Technical Conference Addresses Reliability Issues and EPA Regulations
On November 29 and 30, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) held a Commissioner-led Technical Conference on electric reliability issues. Of note, the Commission devoted an entire day of the conference to the impact of the EPA’s regulations on electric reliability.
Utilities May Seek National Security Exemption Under the Clean Air Act
On November 29, 2011, the National Journal Daily reported that the Edison Electric Institute (“EEI”) is seeking a national security exemption in order to provide more time to comply with the upcoming implementation of the Mercury and Air Toxics Standards rule (“MATS”).
Declining Freshwater Resources Will Impact Energy Production
On November 15, 2011, the Energy in a Warming World Initiative, a three-year research collaboration between the Union of Concerned Scientists and more than a dozen scientists, issued a peer-reviewed report, “Freshwater Use by U.S. Power Plants: Electricity’s Thirst for a Precious Resource.” The report is the first systematic assessment of power-plant water use, its relationship with fresh water systems and the low-quality of data currently available on the topic.