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OAR Wrap Up: Proposed Rules Saving More Than $115 Million Annually in Regulatory Costs

September 20, 2018 / Lee Ann Rush / 0 Comments

WASHINGTON - Over the course of one week, the U.S. Environmental Protection Agency (EPA) proposed three separate rules — the Refrigerant Management Rule Amendments, Light-Duty Vehicle Greenhouse Gas (GHG) Program Technical Amendments, and Oil & Gas Targeted Improvements — totaling more than $115 million in regulatory cost savings. In addition, EPA has officially converted four regional haze Federal Implementation Plans (FIP) into State Implementation Plans (SIPs).

“These rules would provide greater certainty to the regulated community in areas where previous EPA actions exceeded its legal authority or caused confusion and undue burdens,” said EPA Acting Administrator Andrew Wheeler. “A lack of certainty from EPA hinders environmental protections and causes paralysis in the marketplace, and we are committed to fixing that.

Refrigerant Management Rule Amendments

Today, EPA proposed the Refrigerant Management proposed rule, which would generate approximately $40 million in regulatory savings annually. The proposed rule amendments revisit the Agency’s approach to regulating appliances containing substitute refrigerants, such as hydrofluorocarbons (HFCs), based on PEA's proposed interpretation that the Agency exceeded its statutory authority in extending refrigerant management requirements to appliances containing non-ozone depleting substitutes. This proposed rulemaking in no way affects the current requirements for ozone-depleting refrigerants.

EPA will take comment on the proposed rule for 45 days after the proposal is published in the Federal Register and will hold a public hearing in Washington, D.C. Details on the public hearing will be available shortly.

For more information, visit www.epa.gov/section608/revised-section-608-refrigerant-management-regulations

Light-Duty Vehicle GHG Program

The Light-Duty Vehicle GHG Program rule proposed today would correct minor technical errors in the GHG emissions regulations finalized in the 2012 rulemaking establishing standards for model years 2017-2025 light-duty vehicles. These amendments would clarify the calculation methodology in the regulations and allow the program to be implemented as originally intended. This proposal is separate from the recently announced joint EPA—National Highway Traffic Safety Administration proposed SAFE Vehicles Rule to address some of these underlying standards. Once this action is published in the Federal Register, there will be a 30-day comment period.

For more information, visit https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-technical-amendments-light-duty-vehicle

State Implementation Plans

EPA has converted regional haze FIPs in Missouri, South Carolina, Tennessee, and West Virginia into SIPs. In 2012, EPA issued a FIP covering many states, including these. This well-coordinated, cooperative approach, allows Missouri, South Carolina, Tennessee, and West Virginia to meet federal requirements while ensuring the protection of human health and the environment.

“I am pleased that the EPA is approving West Virginia’s plan,” said West Virginia Governor Jim Justice. “Protecting visibility in areas like Dolly Sods and Otter Creek is important for tourism and economic development. West Virginia appreciates the responsiveness of the new leadership at EPA and in this case, it means West Virginia has the freedom to develop its own plan and not have a one size fits all plan forced on us.”

During the Obama Administration, more than 50 Federal Implementation Plans (FIPs) were imposed on states, including over a dozen under the Regional Haze program. Under the Trump Administration, EPA has turned approximately one FIP into a SIP every month.

Once the SIPs are published in the Federal Register, they will be available here:

Oil & Gas Targeted Improvements

The Oil & Gas Technical Package proposed targeted improvements to the 2016 New Source Performance Standards for the oil and gas industry that streamline implementation, reduce duplicative EPA and state requirements, and significantly decrease unnecessary burdens on domestic energy producers. This oil and gas targeted improvements package is expected to save up to approximately $484 million in regulatory costs from 2019–2025 or $75 million annually.

The proposed improvements include: aligning requirements between EPA's rule and existing state programs; modifying the frequency for monitoring leaks (also known as “fugitive emissions”) at well sites and compressor stations; and making it easier for owners and operators to use emerging measurement technologies in their leaks monitoring surveys.

The Agency continues to consider other policy issues in the 2016 rule, including the regulation of GHGs in the oil and gas sector, and will be addressed in a separate proposal at a later date.

EPA will take comment on the proposed rule for 60 days after the proposal is published in the Federal Register and will hold a public hearing in Denver, Colo. Details on the public hearing will be available shortly.

For more information, visit https://www.epa.gov/newsreleases/epa-proposes-oil-and-gas-targeted-improvements-package-advance-president-trumps-energy

EPA Announces Regional Haze Reform Roadmap to Continue Improving Visibility and Reduce Regulatory Burdens

September 10, 2018 / Lee Ann Rush / 0 Comments

Agency to Replace Four FIPs with SIPs in Missouri, South Carolina, Tennessee, West Virginia

WASHINGTON - Today, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler issued a Regional Haze Reform Roadmap (Roadmap) to enable efficient, timely, and effective implementation of the Regional Haze program today and in the future. Over the next year, EPA’s Office of Air and Radiation will release a series of implementation tools and guidance documents that will help focus states’ efforts and reduce and streamline the time and resources needed to meet the statutory and regulatory requirements for reducing regional haze in National Parks, wildlife refuges, and wilderness areas.

“Current data show that state efforts have achieved considerable improvements in visibility throughout the country,” said EPA Acting Administrator Wheeler. “The heavy-handed approach of the previous administration resulted in the imposition of federal implementation plans and billions of dollars in costs that produced only minimal benefits. The actions described in the Regional Haze Roadmap build on lessons learned to improve the program moving forward and provide support for states in the next planning period.”

Following President Trump’s leadership and directives outlined in the April 2018 Presidential Memorandum on Promoting Domestic Manufacturing and Job Creation, the Roadmap sets a path that puts states in charge, reduces state planning burdens, and leverages emission reductions achieved through other Clean Air Act programs. The forthcoming tools and guidance described in the memo will support states in their State Implementation Plan (SIP) development processes and provide key improvements for the upcoming second planning period. In addition, EPA will initiate a notice-and-comment rulemaking to address certain aspects of the EPA’s Regional Haze Rule.

State Implementation Plans
In addition, the Agency soon will be signing actions to convert regional haze FIPs into SIPs in Missouri, South Carolina, Tennessee, and West Virginia. In 2012, EPA issued a FIP covering many states, including these. In the coming days, EPA is taking action to approve these state’s specific plans. This well-coordinated, cooperative approach, allows Missouri, South Carolina, Tennessee, and West Virginia to meet federal requirements while ensuring the protection of human health and the environment.

“I am pleased that the EPA is approving West Virginia’s plan,” said West Virginia Governor Jim Justice. “Protecting visibility in areas like Dolly Sods and Otter Creek is important for tourism and economic development. West Virginia appreciates the responsiveness of the new leadership at EPA and in this case it means West Virginia has the freedom to develop its own plan and not have a one size fits all plan forced on us.”

Background
The Clean Air Act establishes a national visibility goal to reduce and prevent visibility impairment in national parks and wilderness areas due to man-made pollution. Under the first planning period of the Regional Haze Program, states achieved substantial visibility improvements in affected areas, with visual range improving by 20-30 miles between 2000 and 2015.

On January 10, 2017, EPA took final action to revise the Regional Haze Rule (82 FR 3078) and subsequently received three petitions for administrative reconsideration of the 2017 Regional Haze Rule from states and utilities. In January 2018, EPA announced it would be revisiting certain aspects of the 2017 rule to address issues raised in the petitions and, perhaps, other issues.

Additional information: https://www.epa.gov/visibility

EPA Backs West Virginia Plan to Improve Water Quality

September 6, 2018 / Lee Ann Rush / 0 Comments

PHILADELPHIA - The U.S. Environmental Protection Agency (EPA) announced today it has approved and helped fund a more than $50 million plan by West Virginia to implement key water infrastructure projects, including new and upgraded wastewater treatment plants to better serve residents, increase efficiency and reduce pollution.

West Virginia’s Plan includes an award of $25 million from EPA’s FY 2018 Clean Water State Revolving Fund (CWSRF). The plan by the West Virginia Department of Environmental Protection (WVDEP) is also funded with a $5 million state match, repayments from prior CWSRF loans, and interest earnings.

“This federal-state partnership is critically important to achieving President Trump’s goal of improving our nation’s water infrastructure,” said EPA Acting Administrator Andrew Wheeler. “All Americans deserve clean and safe water, and the revolving loan program will greatly benefit West Virginia communities in need of new or upgraded water infrastructure.”

“West Virginia is the first state in EPA Region 3 to have the federal fiscal year 2018 CWSRF grant awarded,” said Gov. Jim Justice. “These grants provide vital funding for projects that will ensure not only protection of the public health and the environment, but also impoved infrastructure that will attract new businesses and create jobs.”

“West Virginia continues to enjoy a productive relationship with EPA Region 3, and the result of that relationship is the process of securing these funds for these projects is made simpler,” said WVDEP Cabinet Secretary Austin Caperton. “EPA and WVDEP share the goal of making sure that the projects that need this funding don’t get bogged down in bureaucratic red tape.”

The projects with funding commitments in the state’s CWSRF plan include:

$2,695,000 to Brooke County Public Service District to extend sewer service to approximately 122 customers in the Bosley Run, Cross Creek, and Harmon Creek areas;
$2,700,000 to Mt. Hope to construct a two million-gallon stormwater flow equalization tank along with associated pumping and piping to eliminate bypasses;
$7,420,299 to Oceana to upgrade the existing wastewater treatment plant and pump stations;
$10,878,500 to construct a new 100,000 gallons per day wastewater treatment plant that will serve the Laurel Park and Route 73 areas of Greater Harrison County, which are currently served by septic systems and treatment plants which are failing;
$7,904,700 to the West Dunbar Public Service District to replace its old and deteriorated clay collection lines, and rehabilitate its pumping stations – which will reduce stormwater-related overflows at its treatment plant;
$10,430,000 to Weston to connect approximately 160 residents with failing septic tanks to the city sewer system and upgrade the Jackson Mill pump station; and,
$8,597,000 to the Union Public Service District to construct a sewer collection system for approximately 183 residents as well as providing upgrades to the existing wastewater treatment plant.

The CWSRF program provides low interest loans for the construction of wastewater treatment facilities and other projects vital to protecting and improving water quality in rivers, lakes and streams for drinking water, recreation and natural habitat. The loans help communities keep water and sewer rates affordable while addressing local water quality problems.

For more information about EPA’s Clean Water State Revolving Fund Program: https://www.epa.gov/cwsrf

Tag: West Virginia

OAR Wrap Up: Proposed Rules Saving More Than $115 Million Annually in Regulatory Costs

EPA Announces Regional Haze Reform Roadmap to Continue Improving Visibility and Reduce Regulatory Burdens

Agency to Replace Four FIPs with SIPs in Missouri, South Carolina, Tennessee, West Virginia

EPA Backs West Virginia Plan to Improve Water Quality

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