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June 1, 2010

EPA Reporting Rule - PROPOSED UPDATE

On May 27, 2010, U. S. EPA announced technical updates to the Greenhouse Gas Reporting Rule that was adopted in fall, 2009 (see below). "In general, the proposed updates would not change the overall requirements of the rule but would improve clarity and ensure consistency across the calculation, monitoring and data reporting requirements." See this EPA webpage for details.

June 1, 2010

Prevention of Significant Deterioration and Title V Greenhouse Gas - The "Tailoring Rule" - FINAL

[EPA-HQ-OAR-2009-0517-0018]

NEBRA Summary: U. S. EPA is working on applying the Clean Air Act to GHG emissions with the so-called “tailoring rule,” which will “trigger PSD [Prevention of Significant Degradation] and Title V applicability requirements for GHG emissions.” If current PSD and Title V thresholds and standards were applied to GHGs across-the-board today, state environmental agencies would be overrun by compliance applications from thousands of companies and facilities seeking permits. Thus, the tailoring rule, which was finalized in May, 2010, will phase in the PSD and Title V standards, beginning with a 6-year period during which compliance would be required by facilities that directly emit >75,000 or >100,000 tons of carbon dioxide equivalent (CO2e) GHG emissions, depending on whether the emissions are from a new facility or from a change to an existing facility.

At this time, wastewater treatment and biosolids management are not affected by this proposed rule (except very large producers of biogas may be required to comply; not sure on this as of June 1, 2010). However, over the next decade, as additional facilities are drawn into this proposed regulation, wastewater treatment facilities could be required to comply with this rule. See NEBRA news article on this topic.

 

September 30, 2009

U. S. EPA Mandatory Greenhouse Gas Reporting Rule Is Finalized

Rule subpart regarding centralized domestic wastewater treatment plants is not final, but they will likely continue to remain exempt.

[EPA-HQ-OAR-2008-0508; FRL-]RIN 2060-A079
Mandatory Reporting of Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA). ACTION: Final Rule.

SUMMARY: EPA is promulgating a regulation to require reporting of greenhouse gas emissions from all sectors of the economy. The final rule applies to fossil fuel suppliers and industrial gas suppliers, direct greenhouse gas emitters and manufacturers of heavy-duty and off-road vehicles and engines. The rule does not require control of greenhouse gases, rather it requires only that sources above certain threshold levels monitor and report emissions.

The rule will come into effect 60 days after it is published in the Federal Register.

Wastewater Treatment: At this time, EPA is not going final with the wastewater treatment subpart (40 CFR part 98, subpart II). As EPA considers next steps, we will be reviewing the public comments and other relevant information. Please note, as originally proposed for this rule, centralized domestic wastewater treatment plants continue to be excluded.


The Agency received a number of comments regarding the applicability of this subpart as well as clarification of the definition of anaerobic wastewater treatment processes. In addition, commenters requested that EPA consider a de minimus exemption for emissions from wastewater treatment. The Agency also received a number of comments requesting redefinition of the monitoring requirements for this subpart.


Based on careful review of comments received on the preamble, rule and TSDs under proposed 40 CFR part 98, Subpart II, EPA will consider alternatives to data collection procedures and methodologies and examine additional study results that have been released since the proposal was issued. Specifically, EPA will consider requirements for the location of meters for taking flow measurements, the frequency of flow and chemical oxygen demand (COD)measurements taken, as well as the potential use of alternate parameters, such as BOD. EPA will also consider the inclusion of indirect or non-methane volatile organic compound emissions. Lastly, EPA will consider the acceptable methods for estimating missing data. EPA will consider optimal methods of data collection in order to maximize data accuracy, while considering industry burden.

More on the Final Mandatory Reporting of Greenhouse Gases Rule.