Agora Environmental Consulting

Significant Changes Proposed for MATS Limits (4/5/23)

On April 4, 2023, the EPA Administrator signed proposed revisions to the Mercury and Air Toxics Standards (MATS) Rule (Subpart UUUUU of 40 CFR Part 63). These revisions are made based on the Agency’s residual risk and technology review (RTR) of the MATS rule, which was originally conducted by the previous administration but was reassessed as directed by the Biden Administration under Executive Order 13990. While EPA previously concluded that no changes to the rule were needed, the Agency is now proposing significant changes to the limits for existing units.

The proposed revisions would reduce the filterable particulate limit for existing coal-fired units from 0.030 lb/MMBtu to 0.010 lb/MMBtu. And, while that change represents a two-thirds reduction, the Agency is asking for comments on even further reductions--potentially to 0.006 lb/MMBtu. In conjunction with reducing the PM limit, the Agency is also proposing to do away with various compliance options. While you now have the option to demonstrate compliance for non-Hg metals by showing compliance either with the metals or PM limit based on quarterly testing, PM CEMS or PM CPMS, the proposed rule would require all sources to show compliance with the filterable PM limit using PM CEMS.

No changes are proposed to the SO₂ or HCl limts, and the Hg limit for sources burning bituminous and sub-bituminous coal remains unchanged. However, EPA is proposing that the Hg limit for existing lignite units would be reduced to match the standard for other coal-fired units, dropping the standard by 70% from 4.0 lb/TBtu to 1.2 lb/TBtu.

A 60-day comment period will begin once the proposed rule is published in the Federal Register. A copy of the signed rule can be found in our FTP library.

EPA Emission Testing Revisions - CGA Specifications Tightened (3/22/22)

On March 7, 2023, EPA Administrator Regan singed final revisions to EPA’s emission testing provisions. These revisions largely represent minor corrections and clarifications. For example, the references to ASTM D6216-12 have been revised to ASTM D6216-20, the most recent version of that standard. However, be aware that, as part of the revisions, EPA is tightening the cylinder gas audit (CGA) specifications for low level sources. Previously, one could pass a CGA if the average response was ±15% of the audit value or an alternative specification of ±5 ppm was met. Now a series of more stringent CGA specifications will apply at lower concentrations. Under the new revisions the alternative criteria will be:

Analyzer Span	Alternative CGA Criteria
> 50 ppm	± 5 ppm
>20 ppm, but < 50 ppm	+ 3 ppm
< 20 ppm	+ 2 ppm

The revisions will go into effect 60 days after the final rule is published in the Federal Register. A copy of the revisions can found in our FTP library.

Agora to Hold Emissions Reporting Workshop in Louisville (3/3/23)

Learn More about Changes to Emission Reporting Requirements for Utility Sources.
Next year, utilities will see significant changes to the way emissions data are reported under Part 75 and the Mercury and Air Toxics Standards (MATS) Rule. These changes are driven by the new MATS electronic reporting requirements and the Agency’s plans to replace the PC-based Emission Collection and Monitoring Plan System (ECMPS) with a web-based application and to switch from the current XML to a new JSON reporting format under the new system. Other recent rule changes, such as the proposed revisions MATS Risk and Technology Review (RTR), which the Agency is expected to release in March, will also impact the industry.

This half-day workshop is intended to help you stay informed about the new rules and processes, navigate the reporting changes, and understand the requirements. Topics will include:

•    Navigating the New ECMPS Reporting Changes
•    XML and JSON Reporting Formats
•    New MATS Reporting Requirements
•    Quarterly Compliance Reports
•    Supplemental Stack Test Data Files
•    MATS Deviation Reporting
•    CEDRI & ERT Requirements that Apply to Utilities
•    General Stack Test Reporting Requirements
•    Other Recently Proposed MATS Revisions

The Utility Emissions Reporting Workshop will be held at the Courtyard by Marriott Louisville Downtown (100 South 2nd Street, Louisville, Kentucky) on Monday, May 15, 2023 (1:00pm - 5:00 pm) in conjunction with the EPRI CEMS User Group Meeting, which starts the following day at the nearby Galt House Hotel. The cost to attend the Utility Emissions Reporting Workshop is $300 and includes a workshop manual and coffee breaks. It does not include travel costs or hotel accommodations.

To register, click here to download a copy of the course brochure, which includes a registration form, or click 'Register Now' below to register online.

Registration for this Workshop Has Reached its Capacity and Is Now Closed

CT MACT Rule Revisions Published (3/09/22)

EPA published final rule revisions to the CT MACT in the Federal Register today (3/9/22), putting into effect the 91 ppb formaldehyde limits on lean pre-mix and dilution flame gas-fired turbines that had been stayed since 2004 (see 2/28/22 article below). The 180 day clock to demonstrate compliance (and address the monitoring, recordkeeping, and reporting requirements is now ticking.

A copy of the final rule revisions can found in our FTP library.

EPA Lifts Stay on CT MACT Rule (2/28/22)

On February 28, 2022, EPA Administrator Regan signed a final rule amending the “National Emission Standards for Hazardous Air Pollutants: Stationary Combustion Turbines” (Subpart YYYY of 40 CFR Part 63), which is more commonly known as the CT MACT. The final rule removes the stay of formaldehyde standards for “new” lean premix and diffusion flame gas-fired turbines that has been in place since 2004.

EPA initially proposed to lift the stay in 2019 when it published the proposed CT MACT residual risk and technology review (RTR) related revisions but stated that the Agency needed “additional time to review the public comments on the proposed removal of the stay” when it finalized the RTR rule changes on March 9, 2020. But now that time has come. EPA is now officially removing the stay of formaldehyde standards for new lean premix and diffusion flame gas-fired turbines that has been in place since 2004.

Note: the final rule has yet to be published in the Federal Register. Once posted, Agora will post a notice.

While the Agency has not fully ruled out potentially delisting the source category (although EPA indicates its existing analysis suggests an individual cancer risk greater than one to one million for a limited population), EPA indicated that it decided to lift the stay because it was unable to identify any authority for maintaining the stay in light of recent caselaw concerning the Clean Air Act (CAA) and Administrative Procedure Act (APA).

What does this mean? This rulemaking will affect lean premix and diffusion flame gas-fired turbines constructed after January 14, 2003 (defined as "new" under the rule) located at a major source. If you own or operate a turbine that has previously declared an exemption from the ongoing testing, monitoring, recordkeeping, and reporting requirements of the CT MACT (primarily by limiting the amount of oil combusted by all CTs on-site to ≤ 1,000 hours per year), this “exemption” from the CT MACT rule will now no longer apply. More specifically, once the final rule is published in the Federal Register (which will likely occur in the March-May 2022 time frame), owners and operators will have only 180 days to perform a stack test to demonstrate compliance with the CT MACT formaldehyde standard of 91 ppb @ 15% O₂.

As of the date of publication in the Federal Register, owners and operators will also be expected to be in the process of complying with (or have completed, depending upon regulatory agency discretion) the monitoring, recordkeeping, and reporting (M/R/R) requirements associated with the CT MACT rule. This includes numerous various documents required by the CT MACT rule, including a Continuous Monitoring System Performance Evaluation Plan and Formaldehyde Alternative Monitoring Plan.

EPA estimates that ~250 turbines nationwide will be affected by this rule making. Does your company own and operate any of these units? If so, call Agora today so that we can begin the M/R/R administrative process of keeping you in compliance with the CT MACT rule!

Read Agora's "Focus on Audits" Newsletter (9/27/21)

With everything we are dealing with and so many things being done remotely, many have found it difficult to give every task its normal level of attention, and it is easy to see how some things have just “fallen through the cracks” during the past year and a half. Don’t let compliance and the quality of your environmental program be one of those casualties. America is now trickling back into work, and this includes US EPA and your state/local regulatory agency. Are you prepared for an inspection by your regulatory agency? Click here to download the "Focus on Audits" newsletter as a PDF file.

Read Agora's "Reporting Changes Are Coming" Newsletter (8/3/21)

Significant changes are coming to the way utilities report emissions data for both Part 75 and the Mercury and Air Toxics Standards (MATS) Rule. Click here to download the "Reporting Changes Are Coming" newsletter as a PDF file.

EPA Issues Memo Clarifying Status of ACE Rule (2/12/21)

There has been significant uncertainty since the remand of the ACE Rule on January 19, 2021 by the D.C. Circuit Court on whether the Clean Power Plan would be automatically resurrected because the final ACE Rule and the withdrawal of the Clean Power Plan were combined in the same rulemaking. However, on February 12, 2021, EPA issued a brief memo clarifying the status of the ACE Rule and the Clean Power Plan in light of the court ruling in an effort to quell numerous inquiries from EPA regional offices and state regulatory agencies. EPA indicated that, because the court decision did not expressly reinstate the rule, the Clean Power Plan is not currently in effect. Furthermore, EPA indicated that reinstatement of the Clean Power Plan would not make sense because the deadlines for the submittal of state plans has already passed and the emissions reduction goals for 2030 have already been achieved. Finally, EPA noted that none of the parties in the pending ACE litigation had specifically requested reinstatement of the Clean Power Plan.

A copy of the memo can found in our FTP library.

White House Issues "Regulatory Freeze" Memo (1/20/21)

On January 20, 2021, the White House issued a memorandum for the "Heads of Executive Departments and Agencies" with a subject line of "Regulatory Freeze Pending Review". Effective immediately, this memo directs that no rule be proposed or issued in any manner until a department or agency head appointed by President Biden reviews and approves the rule. Furthermore, with respect to rules that have been sent to the Federal Register but not yet published, immediately withdraw them for review and approval. Finally, with respect to rules that have been published in Federal Register (or rules that have been issued in any manner) but have not taken effect, consider postponing the rules' effective date by 60 days from the date of the memo.

A regulatory freeze is typical for a new administration as it provides the incoming administration a chance to review pending regulations in more detail. However, the freeze may have an immediate impact on the recently finalized “significant contribution finding” rule, which reaffirms the EGU listing under Section 11(d) for regulation of GHG pollutants and establishes a metric for determining whether other source categories may also be subject to GHG regulations. The rule was published on January 13, 2021 and has an effective date of March 15, 2021. Under the terms of the memo, EPA may now elect to postpone the effective date of the rule until March 21, 2021 (60 days from the date of the memo) and open a new 30-day comment period to allow interested parties to provide further feedback and consider any pending petitions for reconsideration. EPA may also elect to delay the rule beyond the 60-day extension.

A copy of the White House Memo can found in our FTP library.

DC Circuit Court Vacates and Remands EPA's ACE Rule (1/19/21)

On January 19, the DC Circuit Court vacated the Affordable Clean Energy (ACE) Rule. While other issues were also heard by the court, the three-judge panel ultimately decided that the rule had to be struck down based on, in their opinion, EPA’s incorrect interpretation of what emission reductions measures that can be considered for the best system of emission reduction (BSER) under Section 111(d) of the Clean Air Act (CAA). It seems unlikely that the Biden Administration would appeal the decision although the interveners certainly could. However, it is unclear whether the court would stay the mandate while such an appeal is heard.

The Clean Power Plan (CPP), EPA’s earlier rule to limit CO₂ emissions from existing electric utility sources, had largely been based on shifting generation from coal-fired units to renewable and natural gas-fired generation. When EPA repealed the Clean Power Plan (CPP) and finalized the ACE Rule, the Agency indicated that it was compelled to consider just emission reductions that could be applied at facility level because this was “only permissible reading of the statute” and “unambiguously expressed intent of CAA section 111.” The court disagreed, stating that the “traditional tools of statutory interpretation reveal nothing in the text, structure, history, or purpose of Section 7411 that compels the reading the EPA adopted in the ACE Rule.” Instead, the court’s opinion suggested that that the Agency has broad discretion over what can be considered BSER including generation shifting and emission trading.

Quoting various cases as precedent, the court states that “because the ACE Rule rests squarely on the erroneous legal premise that the statutory text expressly foreclosed consideration of measures other than those that apply at and to the individual source, we conclude that the EPA fundamentally ‘has misconceived the law,’ such that its conclusion ‘may not stand.’ Accordingly, we hold that the ACE Rule must be vacated and remanded to the EPA so that the Agency may ‘consider the question afresh in light of the ambiguity we see.’ ” The judges conclude that “because promulgation of the ACE Rule and its embedded repeal of the Clean Power Plan rested critically on a mistaken reading of the Clean Air Act, we vacate the ACE Rule and remand to the Agency. We also vacate the amendments to the implementing regulations that extend the compliance timeline.”

Judge Walker issued a partial decent discussing whether the scope of generation shifting rose to the level of a “major question” (an issue with such impact that it would preclude regular implicit notions of delegation) and argued that because the industry is regulated under Section 112 of the CAA (under MATS) it cannot also be regulated under Section 111. With respect to the issue of generation shifting he notes that “hardly any party in this case makes a serious and sustained argument that §111 includes a clear statement unambiguously authorizing the EPA to consider off-site solutions like generation shifting.” However, he ultimately suggested that such decisions are essentially above his purview and that “over time, the Supreme Court will further illuminate the nature of major questions and the limits of delegation.”

What does this decision mean moving forward? The decision appears to be a fatal blow to the ACE Rule. EPA indicated that it considered the CPP repeal, ACE Rule and the revisions to the implementing regulations as “separate and distinct rulemakings” (84 Federal Register 32540), but the court clearly does not have that same view. However, while the judges considered the repeal to be “embedded” and based on the same flawed legal premise, the court did not explicitly strike that repeal. The status of the CPP (i.e., whether it is or should be back in effect) is, thus, unclear. The court only remands the issue of how to regulate CO₂ from existing electric utility sources back to the Agency. The new Administration may want to start with a clean slate and consider the degree to which any replacement may rely on the original CPP or incorporate the more refined approach to heat rate improvement in the ACE Rule.

A copy of the DC Circuit Court decision can found in our FTP library.

EPA Finalizes “Guidance Document Rule” (1/5/2021)
On October 19, 2020, EPA finalized a new rule designed to improve transparency and provide greater public access and feedback on policy guidance documents (40 CFR Part 2 – EPA Guidance: Administrative Procedures for Issuance and Public Petitions), which became effective on November 18, 2020. This action results from a 2019 Executive Order (EO 13891) requiring all federal agencies to develop regulations governing the development and management of guidance documents. It also clarifies that any such guidance is to be considered legally non-binding. This action results from an increased reliance by regulatory agencies on guidance documents to establish enforceable conditions on a source, which essentially treats the guidance document as an extension of the underlying regulation. However, guidance documents do not undo a notice-and-comment period and lack the same transparency as standard rulemaking.

The new rule defines the scope of applicable guidelines documents and further distinguishes “significant guidance documents” as documents that are considered to have significant impact on the economy, create inconsistencies with other agency actions, or address issues that raise novel legal or policy issues. The rule establishes requirements for the development of new guidelines and procedures for public petitions regarding the modification, withdrawal or reinstatement of a guidance document. “Significant guidance documents” must undergo a 30-day public notice-and-comment period. Each agency must establish an online portal containing all active guideline documents with a searchable index. The rule also establishes procedures for the public to petition for modification, withdrawal or reinstatement of a guidance document. The EPA Guidance Portal (https://www.epa.gov/guidance) currently contains about 2,000 active guidelines documents for the Office of Air and Radiation (ORD). Petition requests may also be submitted online through the Guidance Portal (https://www.epa.gov/guidance/forms/submit-petition-epa-related-eo-13891-guidance-documents). Finally, all new guidelines documents must avoid “mandatory language” and shall include a disclaimer that the document is non-binding except “as authorized by law or as incorporated into a contract.

EPA Power Sector Rules (01/4/2021)

EPA provided an update on the various rulemaking efforts affecting the electric utility industry at the recent virtual AWMA Information Exchange on December 9 and 10, 2020. Many of the proposed rules since the last meeting were finalized last year. While the Agency provided little additional detail regarding the pending rules, it did provide a summary of the publicly available drafts and discussed the tentative schedule for some of these rulemaking activities. Not surprisingly, EPA also indicated there is much uncertainty in the status of future rulemaking given the pending Administration change.

Regulation	Status	Date/Expected Timeframe
NSPS Subpart KKKK	Final	No timeframe provided
NSR ACE Revisions	Final	No timeframe provided The future of the ACE Rule is uncertain. Although there are no plans for revisions at this time, there is a possibility that next administration will modify the rule.
GHG NSPS for New EGUs	Final	Expected to be submitted to OMB “soon”
Combustion Turbine MACT RTR	Final	Published March 8, 2020 EPA also granted petition for reconsideration in August 2020 and is currently reviewing the August 2019 petition to delist stationary CT source category
MATS New Subcategory for Coal Refuse Burners	Final	Published April 15, 2020
MATS RTR and Supplemental Cost Finding Rule	Final	Published May 22, 2020
MATS Appropriate and Necessary Determination	Final	Published May 22, 2020
MATS e-Reporting Rule	Final	Published September 9, 2020
MATS Technical Corrections	Proposal	No timeframe provided EPA indicated that this has been given a low priority.
RICE MACT RTR	Proposal	No timeframe provided
Boiler MACT RTR	Proposal	No timeframe provided

EPA indicated that it will be released in the next batch of RTRs possibly in 2021. They are still working on settling the latest revisions to the standards.
One of the more significant regulatory developments in 2020 was a modification of the Agency’s Risk and Technology Review (RTR) procedures for National Emissions Standards of Hazardous Air Pollutants (NESHAP). Based on the D.C. Circuit Court of Appeals ruling in Louisiana Environmental Action Network (LEAN) v EPA in April, 2020, the Agency must now consider whether to set new emissions standards for previously unregulated pollutants for each source category during the RTR process. The rationale for this decision was that there may now be sufficient data or a greater understanding of the process regarding certain pollutants to set an emission standard for which the source category is known to emit. Given the time lapse between RTRs, the ruling may have significant consequences for some MACT standards, notably the CT MACT, which was published in March, 2020 just prior to the court ruling.

EPA Finalizes Revisions to Part 63 MACT General Provisions in Federal Register (11/19/20)

In today's Federal Register, dated November 19, 2020 (Volume 85, No. 224 - 69 total pages), EPA has finalized revisions to the Part 63 General Provisions removing the concept of "once in, always in" for major sources of HAPs.

More specifically, "herein as 'final MM2A rule' or final rule), the EPA is finalizing amendments to the General Provisions of the NESHAP regulations in 40 CFR part 63, Subpart A to implement the plain language reading of the ‘‘major source’’ and ‘‘area source’’ statutory definitions of Section 112 of the CAA and provide that a major source can be reclassified to area source status at any time upon reducing its emissions and PTE, as defined in 40 CFR 63.2, to below the MST of 10 tpy of any single HAP and 25 tpy of any combination of HAP. Prior to proposing these amendments, the EPA reviewed the statutory provisions that govern when a major source can reclassify to area source status, including after being subject to major source requirements under Section 112 of the CAA. After further review of CAA Section 112 provisions and public comments received on the MM2A proposal, the EPA is finalizing its conclusion that the statutory definitions of major source and area source contain no language fixing a source’s status at any particular point in time and contain no language suggesting a cutoff date after which the source’s status cannot change. Accordingly, the Agency is finalizing its reading that a major source may be reclassified as an area source at any time upon reducing its HAP emissions and PTE below the applicable CAA section 112 MST. Thus, major sources that reclassify to area source status at any time, including after the first substantive compliance date of an applicable major NESHAP, will no longer be subject to CAA Section 112 major source NESHAP requirements and will be subject to any applicable area source NESHAP requirements [instead]."

A copy of the final rule can found in our FTP library.

Agora Offering MATS Downtime/Deviation Reporting Webinar (11/18/20)

Agora will be offering a MATS Downtime/Deviation Reporting webinar on Tuesday December 15, 2020. This approximately two-hour webinar will discuss the changes to the MATS downtime reporting requirements and related issues to help you address the new requirements. The webinar will be held using Zoom and simulcast on YouTube. The tentative agenda can be downloaded here. Our staff will monitor the comment features on Zoom and YouTube to provide you an opportunity to pose any questions that you may have for our presenters. For more information and registration, click Registration.

Agora Confirms Spring 2021 Virtual Training Course Dates (11/03/20)

Agora has confirmed the dates for our Spring 2021 CEMS Training Course! Due to continuing safety concerns and hotel restrictions resulting from COVID 19, we have decided it is in the best interest of the attendees and our staff to again hold our CEMS Training Course virtually via Zoom and YouTube. The dates of the course will be March 30 through April 1, 2021. The same 3-day agenda and training will be provided. Our staff will monitor the comment features on Zoom and YouTube to provide you an opportunity to pose any questions that you may have for our presenters. The registration cost remains the same. Click here for more information.

EPA Proposes Revisions to CSAPR Rule in Federal Register (10/30/20)

In today's Federal Register, dated October 30, 2020 (Volume 85, No. 211 - 150 total pages), EPA has proposed another round of updates to the CSAPR Rule (aka Transport Rule). This proposed rule, if finalized, will resolve 21 states' outstanding interstate ozone transport obligations with respocet to the 2008 ozone NAAQS. A copy of the proposed rule can found in our FTP library.

CAMD Publishes "Q&A" Updates vs Updating the Part 75 Policy Manual (10/08/20)

In lieu of updating the "Part 75 Emissions Monitoring Policy Manual", CAMD will be publishing new and edited Q&A's to the following website:
https://www.epa.gov/airmarkets/new-and-revised-questions-and-answers.

EPA Publishes Latest Round of Test Method Revisions in Federal Register (10/07/20)

In today's Federal Register, dated October 7, 2020 (Volume 85, No. 195 - 29 total pages), EPA has published another round of updates and revisions to various EPA Reference Test Methods and Part 60 CEMS Performance Specifications. This is EPA's 7th round of revisions to test methods and performance specifications since 2006. A copy of the final rule can found in our FTP library.

EPA Publishes Final MATS Electronic Reporting Rule Revisions in Federal Register (9/09/20)

In today's Federal Register, dated September 9, 2020 (Volume 85, No. 175 - 37 total pages), EPA has published a final rule that revises the electronic reporting requirements under MATS. Most notably, this revision extends the "MATS PDF Submit" option through December 31, 2023. In addition, this action includes the addition of several appendices to 40 CFR Part 63, Subpart UUUUU. There are also "clarifications" (i.e. changes) on how monitor downtimes are reported/classified. A copy of the final rule can found in our FTP library.

EPA Publishes Proposed IB MACT Rule Revisions in Federal Register (8/24/20)

In today's Federal Register, dated August 24, 2020 (Volume 85, No. 164 - 39 total pages), EPA has published proposed revisions to the IB MACT Rule (Subpart DDDDD). These proposed amendments include several technical clarifications and corrections, but most importantly, several numeric emission limits for new and existing boilers and process heaters have been revised. A copy of the proposed rule can found in our FTP library.

Agora's Fall CEMS Training Course Changed to Online Only (8/21/20)
Due to continuing safety concerns and hotel restrictions resulting from COVID 19, we have decided it is in the best interest of the attendees and our staff to completely hold the 2020 Fall session of our CEMS Training Program virtually via Zoom and YouTube.

Course dates are still September 22-24, 2020. The same 3-day agenda and training will be provided. The online version of our course will cover the same topics and agenda, and our staff will also monitor the comment features on Zoom and YouTube to provide you an opportunity to pose any questions that you may have for our presenters. The registration cost remains the same.

If you prefer instead to attend the course in person, we are hoping we can provide this option in either March or April 2021. Click here for more information.

RMB is Now Agora Environmental Consulting (7/24/20)
As we announced during the e-Conference in May, RMB Consulting and Research is now Agora Environmental Consulting. We have transitioned our invoicing, website, email, etc. to reflect the new name. As part of this transition, we also are relocating our office. While our phone numbers will remain the same, our new address is:

Agora Environmental Consulting
4000 Blue Ridge Road, Suite 160
Raleigh, North Carolina 27612

Click here for an announcement with addition details about our transition.

Administrator Signs Final MATS Electronic Reporting Rule (7/20/20)
On July 17, 2020, the EPA Administrator signed the final MATS electronic reporting rule. Although, once again, EPA did not meet its self imposed deadline, the final rule does now extend the current PDF reporting requirements through December 31, 2023. However, instead of following our recommendation to extend just the deadline and allow itself more time to review the comments received on the rest of the reporting rule, the Agency has finalized the whole rule. A copy of the pre-publication version of the rule can can be found in our FTP library.

EPA Sets Date to End COVID 19 Enforcement Discretion Policy (6/27/20)

In a memo, Assistant Administrator EPA's Office of Enforcement and Compliance Assurance, Susan Bodin, states that the Agency has selected August 31, 2020, as the termination date for the temporary COVID-19 enforcement discretion policy. EPA issued the enforcement policy in March 2020 to address the constraints that social distancing and stay at home orders were placing on the ability of sources to perform the routine monitoring, testing, sampling, reporting, etc. tasks normally required under various environmental regulations.

EPA suggests that its decision to end the enforcement policy incorporates an “appropriate balancing of the relevant factors.” Given that “many parts of the country have already taken steps to relax social distancing restrictions… so too may the restrictions that potentially impede regulatory compliance, reducing the circumstances in which the temporary policy may apply.” The Agency states that the termination date of August 31, 2020 reflects that “the circumstances surrounding the temporary policy are changing, but also ensures that there is adequate time to adjust to the changing circumstances.”

Notwithstanding the termination date in the memo, the Assistant Administrator indicates that the EPA could still choose to terminate the policy “on a state or national basis, in whole or in part, at any earlier time, taking into account changing conditions in a state or region of the country,” but that it would provide notice “at least seven days prior” to any such action. The Assistant administrator also states that the termination of the enforcement policy does not affect the ability of the EPA to exercise enforcement discretion on a case-by-case, whether COVID-19 related, before or after the temporary policy is terminated. A copy of the EPA COVID-19 enforcement policy termination memo can be found in our FTP library.

CEMS e-Conference Presenter/Panelist Contact Info (6/27/20)
During the e-Conference, some of the participants asked for contact information for the presenters and panelist to be able to contact them for follow-up questions.

Click here for a PDF file including the email addresses and telephone numbers of the presenters and panelist that gave us permission to share their information.

CEMS e-Conference "Day 2" YouTube Live Stream: Click here (5/29/20)

CEMS e-Conference "Day 1" YouTube Live Stream: Click here (5/28/20)

Agora to Host CEMS e-Conference on May 28-29 (4/27/20)

Agora is hosting a FREE web-based CEMS conference on May 28-29 (two half-day sessions) to provide a platform for information exchange related to monitoring, testing, and reporting of emissions from electric utility units. The conference agenda will include presentations from EPA, EPRI, NIST, Agora, and various equipment vendors. The conference will include a panel session with software vendors and well as utility participants to discuss their plans to address the upcoming planned ECMPS and MATS related changes. The webinar format will provide the opportunity for live questions and discussion while eliminating the need for travel. The webinar will be hosted using the latest version of Zoom (version 5.0.2), which includes 256-bit encryption to alleviate the overwhelming majority of previous security concerns

Click here to register for the Utility CEMS E-Conference hosted by Agora.

EPA Issues Part 75 CEMS QA Provisions for COVID-19 Emergency (4/17/20)

On April 17, 2020, the EPA Administrator signed an interim final revisions to Part 75 to allow sources that are unable perform CEMS QA activities or fuel analysis due to COVID-19 related travel or safety restrictions to continue report valid measurement data rather than having to report substitute data after the normal QA test deadline. As an interim final rule, the provisions will go into effect immediately upon publication in the Federal Register and will potentially cover data reported since the declaration of the national emergency on March 13, 2020 extending until 180 days after promulgation or the end of the national emergency declaration (by the president or congress) plus an additional 60 days, whichever comes first. The temporary rule revisions will apply to quality-assurance tests, certification or recertification tests, appendix D fuel analyses, and appendix E and LME NO_x emission rate tests.

To use the provisions, sources will need to notify the Agency within five days of failing to meet the required QA test deadline. Among other information, the notification must document the reason for failure to complete each QA test (or fuel analysis, appendix E or LME NO_x emission rate test) is related to “travel, plant access, or other safety restrictions implemented to address the COVID-19 national emergency.” Any test must then be “completed as soon as practicable” upon the end of such restrictions, and the source must provide a subsequent notification to the Agency of completion within five days after performing the applicable tests. A copy of the final rule can found in our FTP library.

In today's Federal Register, dated April 10, 2020 (Volume 85, No. 70 - 37 total pages), EPA has published proposed changes to the MATS electronic reporting rule. Included in the proposal is an extension of the PDF Submit function for certain MATS related activities through December 2023. A copy of the final rule can found in our FTP library.

A news release from EPA's Office of Enforcement and Compliance Assurance (OECA) indicates the Agency has put in place a policy to use "Enforcement Discretion" during the COVID-19 pandemic. It is important to note this action does not relieve utilities (nor other source categories) from their regulatory obligations. Click here for a link to the announcement. A copy of the enforcement discretion memo can found in our FTP library.

CT MACT RTR Published in Federal Register (3/09/20)

In today's Federal Register, dated March 9, 2020 (Volume 85, No. 46 - 23 total pages), EPA has published the final version of the CT MACT RTR. The final rule includes requirements to address periods of SU/SD and adds some electronic reporting requirements. However, it does NOT finalize the proposed removal of the administrative stay of the effectiveness of the standards for new CTs, since EPA has indicated that they need more time to review and respond to comments regarding the lifting of the stay. A copy of the final rule can found in our FTP library.

EPA Finalizes CT MACT RTR (2/20/20)
On January 31, 2020, EPA signed a final rule titled, “National Emission Standards for Hazardous Air Pollutants: Stationary Combustion Turbines Residual Risk and Technology Review.” This rule finalizes EPA’s residual risk and technology review (RTR) conducted for the Stationary Combustion Turbines source category regulated under national emission standards for hazardous air pollutants (NESHAP). Note: the final rule has yet to be published in the Federal Register. Once posted, Agora will post a notice.

In addition, the final rule includes requirements to address periods of startup, shutdown, and malfunction (SSM) and adds electronic reporting requirements. EPA is finalizing its proposed determination that the risks from this source category due to emissions of air toxics are acceptable and that the existing NESHAP provides an ample margin of safety to protect public health. EPA is also finalizing its proposed determination that the Agency identified no new cost-effective controls under the technology review that would achieve further emissions reductions from the source category.

In a significant departure from the proposed RTR rule, EPA decided to not finalize the proposed removal of the administrative stay of the effectiveness of the standards for new combustion turbines. In the preamble to the final rule, EPA explains that the Agency needs additional time to review and respond to comments regarding the lifting of the stay. EPA believes the Agency is also justified in not lifting the stay in order to make a determination regarding the petition that was submitted in August 2019, which requests that EPA delist the Stationary Combustion Turbine source category pursuant to § 112(c)(9) of the Clean Air Act. A copy of the signed final rule can found in our FTP library.

Update on EPA Power Sector Rules (1/23/19)
EPA provided an update on the various rulemaking efforts affecting the electric utility industry at the recent AWMA Information Exchange held in Research Triangle Park, NC on December 3 and 4, 2019. While the Agency provided little additional detail regarding the pending rules, it did provide a summary of the publicly available drafts and discussed the tentative schedule for some of these rulemaking activities.

Regulation	Status	Expected Date
Combustion Turbine MACT RTR	Final	by March 13, 2020 (possibly January 2020)
MATS e-Reporting Rule	Proposal	“First Quarter 2020” ^a
MATS RTR and Supplemental Cost Finding Rule	Final	"By 2020" ^b
GHG NSPS for New EGUs	Final	March 2020
RICE MACT RTR	Proposal	End of 2020
Boiler MACT RTR	Proposal	End of 2020
MATS Technical Corrections	Proposal	First Quarter 2021

^aAlthough possibly June 2020 based on EPA’s regulatory agenda and discussion with other Agency personnel

^bRulemaking package is currently at OMB and action is expected within the next few months

Finalization of the CT MACT RTR is perhaps one of the more significant of the pending rulemakings. EPA concluded that risks are acceptable under the existing rule and that no new cost-effective controls are available, thus the standards will remain unchanged. However, EPA’s proposed action would remove the current stay of the emissions standards for lean premix gas-fired turbines and diffusion flame gas-fired turbines, which has been in place since 2004. While there was initially a three-year compliance window associated with the rule, that time period has expired. Thus, any applicable turbine (installed or reconstructed at a major source after 1/14/2003) would be immediately be required to demonstrate compliance with the formaldehyde standard of 91 ppbd@15% O₂. EPA stated that they are aware of the impact of removing the remand on existing CTs and that they "see a need" for some additional time to demonstrate compliance. It’s possible that the final rule will include a provision for extending the amount of time for compliance demonstration and possibly allow sources to file an extension if oxidation catalyst is required to meet the new limits.

The MATS Risk and Technology Review (RTR) and Supplemental Cost Finding Rule is another significant rulemaking package that is expected to be finalized soon. Based on a SCOTUS decision, EPA revised the cost analysis for MATS to reflect HAPS only and found the costs were significantly reduced such that the rule no longer met "appropriate and necessary" requirement in Section 112. Despite this revised conclusion, EPA is not proposing to repeal the MATS Rule, stating that the revised appropriate and necessary finding does not automatically delist EGUs from the Section 112(c) and EPA has elected not to formally pursue the delisting option available under Section 112(c)(9) although it did request comments on several issues related to that decision. Included in the rulemaking package was the MATS RTR, which concluded that no changes to the emission standards were necessary.

States Begin ACE Plan Development (1/23/20)
Some state agencies appear to be getting an early start on their ACE compliance plans, which must be completed by July 8, 2022. Agora has recently received a few inquiries from electric utilities in various states (e.g. Missouri, Nebraska, and Arizona) regarding data requests from their respective state agencies for conducting unit-specific heat rate improvement analyses for each state's ACE plan development. These requests focus on background information on the existing ACE candidate technologies and various operating data, including fuel usage, generation, CO₂ emissions, and heat rate data, as well as future plans for the facility.

We believe that states will generally lack the information or expertise to develop meaningful ACE Rule emissions limits for each unit based on the specific. Ultimately, sources will be required to provide their own assessment of heat rate improvement resulting from implementation of one or more of the candidate technologies specified in the rule and to evaluate of the baseline CO₂ emissions rates and the uncertainty associated with that data as well as important details regarding averaging times and how those averages will be calculated--all critical given the lack of guidance from EPA regarding any of these issues.
If you received an ACE Rule data request from your state agency please contact Agora, so we can track these activities and discuss any questions you may have about the rule.

EPA Proposes Latest Round of Test Method Revisions (12/13/19)
In today's Federal Register, dated December 13, 2019 (Volume 84, No. 240 - 29 total pages), EPA has proposed yet another round of changes to various reference test methods and CEMS performance specifications. A copy of the proposed rule can found in our FTP library.

EGU MATS HCl Quarterly Testing News - Audit Sample Program (12/13/18)
Earlier this summer, EPA posted a notice regarding a lack of providers for audit samples as part the audit sample program under 40 CFR Parts 60 and 63. As a reminder, use of audit samples are required if the audit samples are "commercially available" from two or more independent accredited audit sample providers (AASP). Since there are no longer two providers, the requirement to obtain these audit samples is no longer in effect until another independent AASP has audit samples for purchase. What does this mean in practice for many is EGU MATS affected sources? Those sources performing quarterly stack testing for HCl no longer need to acquire blind audit samples for quarterly performance tests (e.g sources using Reference Method 26A for HCl stack testing). Finally, EPA has stated that they will post an update with the name(s) of the providers and audit sample(s) available for purchase when there are two or more AASP. Once that post occurs, the audit sample program will go back into effect 60 days after the post has been mad.

Follow this link for the actual notice: EPA Notice - Audit Sample Program

EPA Finalizes ACE Rule and Clean Power Plan Repeal (7/8/19)
In today's Federal Register, dated July 8, 2019 (Volume 84, No. 130 - 65 total pages), EPA has finalized the Affordable Clean Energy rule ("ACE Rule") and formally repealed the Clean Power Plan (CPP). A copy of the final rule can found in our FTP library.

Update on EPA's Combustion Turbine NESHAP (4/12/19)
On April 12, 2019, EPA published in the Federal Register a proposed rule titled, “National Emission Standards for Hazardous Air Pollutants: Stationary Combustion Turbines Residual Risk and Technology Review.” EPA initially issued its NESHAP rule for Stationary Combustion Turbines on March 5, 2004. The rule applies to stationary combustion turbines located at major sources of hazardous air pollutants (HAP). The NESHAP requires new or reconstructed stationary combustion turbines to meet a formaldehyde limit of 91 parts per billion by volume, dry basis at 15 percent oxygen. However, EPA stayed the effectiveness of the rule on August 18, 2004. A copy of the proposed rule can found in our FTP library.

Following a residual risk and technology review conducted pursuant to the Clean Air Act (CAA), EPA is proposing to determine that risks from the source category are acceptable and that no new cost-effective controls are available. In the proposed rule, EPA is also:

Revising the requirements for periods of startup, shutdown and malfunction (SSM) to be consistent with recent court decisions;
Requiring electronic reporting of performance test results and compliance reports; and
Lifting the stay of the standards for new gas-fired stationary combustion turbines, which has been in effect since August 2004.

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