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Environment, Energy and Transportation Program

Clean Air Newsletter

A Quarterly Review of Legislation and Air Quality Issues

July 2004
Vol. 8, No. 1

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IN THIS ISSUE

STATE ACTIONS

Wisconsin Adopts Mercury Rule for Power Plants
Indiana First to Adopt EPA New Source Review Reforms
Connecticut and New Jersey Pass California Clean Car Bills
California Farmers Faced with New Air Quality Rules
Southern States Aim to Reduce Pollution from Idling Trucks

FEDERAL ACTIONS

EPA Designates Fine Particulate Matter Nonattainment Areas
EPA Designates Ozone Nonattainment Areas
Comment Period Closes on EPA Mercury Rule

MEETINGS

STATE LEGISLATION

STATE ACTIONS

Wisconsin Adopts Mercury Rule for Power Plants

The Wisconsin Department of Natural Resources signed a mercury rule on July 14 that places a cap on mercury emissions from major electric utilities effective January 2008. The rule requires major electric utilities to reduce mercury emission by 40 percent beginning January 1, 2010, and by 80 percent beginning January 1, 2015. Regulated utilities may determine how best to comply with the emission limits. New or modified sources of mercury emissions must install best available control technology. The department may enter into a multi-pollutant reduction agreement with a major electric utility as an alternative to compliance with the initial 40 percent reduction level.

The final rule is available on the Wisconsin Department of Natural Resources Web site at www.dnr.state.wi.us/org/aw/air/reg/mercury/AM-27-01signed.pdf.

Indiana First to Adopt EPA New Source Review Reforms

On June 2, Indiana adopted changes to its new source review (NSR) rule to reflect reforms that the U.S. Environmental Protection Agency (EPA) announced on December 31, 2002, designed to grant power plants and industrial facilities more flexibility to make changes in their operations without triggering NSR permitting requirements (see December 2002 issue of the Clean Air Newsletter). The NSR program applies to the construction of new sources or the modification of existing sources of air emissions. It is designed to ensure that air quality improves if changes in facility operations occur where air quality does not meet federal standards, or that air quality is not significantly degraded where air quality complies with federal standards. The federal rule requires states with an EPA-approved state implementation plan (SIP) to adopt the federal NSR reforms and submit a SIP revision no later than January 2, 2006.

Connecticut and New Jersey Pass California Clean Car Bills

The Connecticut General Assembly passed S.B. 119 (P.A. 04-84) in May to align a portion of the state’s clean car program with California’s stringent motor vehicle emissions standards. The legislation requires the commissioner of environmental protection to adopt regulations before the end of the year to implement California’s light-duty motor vehicle emission standards that apply to SUVs and small trucks. The rules will apply to motor vehicle model years 2008 and later.

The act is available on the Connecticut General Assembly’s Web site at www.cga.state.ct.us/2004/act/Pa/2004PA-00084-R00SB-00119-PA.htm.

The New Jersey Legislature passed Senate Bill 2351 (P.L. 2003, c. 266) in January to require the Department of Environmental Protection to begin implementing California’s low-emission vehicle program on January 1, 2009. The legislation’s effect requires automobile manufacturers to produce for sale or lease in the state beginning in 2009 40,000 hybrid-electric vehicles and 128,000 low-emission vehicles that use a conventional gasoline engine but cut emissions by 70 percent.

To account for strides already made by automakers in reaching that goal, the bill establishes a zero-emission credit bank to allow manufacturers to earn and bank credits for the sale or lease of partial zero emission vehicles and advanced technology partial zero emission vehicles in the state from January 1, 1999, through December 31, 2008. The bill also establishes a 15-member Low-Emission Review Commission to study implementation of the program and advances being made in other forms of low-emission vehicle technologies.

The law is available on the New Jersey Legislature’s Web site at http://www.njleg.state.nj.us/2002/Bills/PL03/266_.pdf.

California Farmers Faced with New Air Quality Rules

The flat, alluvial land of the San Joaquin Valley is home to one-third of California’s farms. The state’s farm and dairy operations produce more than half the nation’s fruits and vegetables and more milk, butter and ice cream than any other state. But the valley’s air is becoming increasingly polluted. Ammonia and other pollutants generated by the 1 million tons of manure produced annually mix with smokestack and tailpipe emissions blowing inland from the Los Angeles basin, resulting in smog levels that exceed federal standards. On July 1, farming operations became subject to what are being touted as the most stringent agricultural pollution standards in the country.

California state Senator Dean Florez, a valley resident, authored several bills passed by the Legislature in 2003 to impose new air quality standards on farmers. One of the bills-S.B. 700-set the July 1 deadline that requires farms to apply for local air quality permits. Air pollution officials consider farms to be responsible for 26 percent of ozone-forming emissions in the valley and 51 percent of the particulate matter, the biggest culprits being “fugitive” dust from open fields, nitrous oxide emissions, diesel irrigation pumps and emissions from animal waste.

The new permit applications require farmers to document the equipment they have, which will be grandfathered, but any changes will require farmers to select the best air pollution control equipment available. Farmers have been given more than 100 conservation practices to choose from in order to comply with the new conservation management practices. These practices include mulching-rather than burning-clippings and prunings, covering soil with vegetation, and tilling at night when there is a little moisture in the air. The South Coast Air Quality Management District estimates that the new rules could cost the industry about $3.5 million per year, which breaks down to approximately $15,000 per dairy, but that they will reduce the amount of ammonia and other pollutants in the area from 20 tons per day to less than 13 tons per day by 2010.

Southern States Aim to Reduce Pollution from Idling Trucks

Three southern states-Georgia, North Carolina and South Carolina-are attempting to reduce air pollution from idling diesel trucks. The three states will offer truck stop spaces that allow truckers to shut off their engines but still have access to all their amenities. One hundred fifty spaces, equipped with large hoses that truckers can connect to cab windows to provide access to warm or cool air, Internet and electricity, will be made available along Interstate 85.

Pollution from the idling trucks contributes to air quality problems along the I-85 corridor, where several counties are in danger of not meeting recently issued federal air quality standards. Truck drivers will be charged a nominal fee of $1.25 per hour for the services. The majority of the funding for the $3.5 million project will come from a $1.5 million grant from the National Association of State Energy Officials and $2 million from IdleAire Technologies Corp., the system manufacturer.

FEDERAL ACTIONS

EPA Designates Fine Particulate Matter Nonattainment Areas

On June 29, the U.S. Environmental Protection Agency (EPA) made preliminary designations of all or parts of 244 counties in 21 states and the District of Columbia as not being in compliance with the new fine particulate matter standard, referred to as PM 2.5. The designations, which affect 99 million residents, were in response to state recommendations totaling 142 counties and 79 million residents.

Particulate matter consists of a mixture of microscopic solids and liquids suspended in air. Primary emission sources include diesel engines, wood-burning activities, and other industrial and commercial combustion processes. Fine particles are 2.5 microns or smaller in diameter.

Numerous health studies have drawn a direct correlation between exposure to PM 2.5 and increases in an individual’s vulnerability to a range of respiratory and cardiovascular effects. Special populations-individuals with heart or lung disease, older adults and children-are considered to be at greatest risk.

EPA will finalize its nonattainment area designations in November after receipt of state comments. Affected states will have until February 2008 to submit plans detailing how they will comply with the new standard. Compliance dates will range from 2010 to 2015, depending on the severity of the problem.

For a complete listing of designated PM 2.5 nonattainment areas by state and county, visit EPA’s Web site at www.epa.gov/pmdesignations.

EPA Designates Ozone Nonattainment Areas

On April 15, the U.S. Environmental Protection Agency (EPA) designated all or parts of 474 counties in 31 states and the District of Columbia as not being in compliance with the new 8-hour ozone standard or as contributing to another county’s failure to comply. The designations affect 159 million residents.

The new 8-hour ozone standard is designed to reduce ground-level ozone, or smog. Ground-level ozone forms when volatile organic compounds and nitrogen oxides mix in the presence of sunlight. It is more prevalent on hot summer days. The primary sources are motor vehicles, power plants and industrial facilities. Ground-level ozone can exacerbate asthma and damage lung tissue, thus making breathing more difficult, especially for children and the elderly

Ozone Nonattainment

EPA originally proposed the 8-hour standard in 1997. Resolution of court challenges from certain industries and states delayed its final adoption. The new standard is 0.08 parts per million (ppm) and is averaged over eight hours. It replaces the former1-hour standard of 0.12 ppm measured in single hourly readings.

The new designation will require nonattainment areas to submit plans to EPA within three years that detail how they propose to comply with the new standard. Compliance deadlines will range from 2007 to 2021, depending on the severity of the ozone problem. EPA has established classifications ranging from marginal and moderate, to serious, severe or extreme.

For a complete listing of designated ozone nonattainment areas by state and county, visit EPA’s Web site at www.epa.gov/ozonedesignations/statedesig.htm.

Comment Period Closes on EPA Mercury Rule

June 29 marked the end of the public comment period on the U.S. Environmental Protection Agency’s (EPA) proposed mercury rule. Originally published in the Federal Register on January 30, the Utility Mercury Reductions Rule sets forth two alternative approaches for reducing mercury emissions from power plants. The first would require the installation of “maximum achievable control technologies” pursuant to Section 112 of the Clean Air Act (CAA). The second would establish a “cap-and-trade” program under Section 111 of the CAA. The cap-and-trade program is EPA’s preferred approach. The federal agency has until March 15, 2005, to finalize the rule.

The mercury rule is available on EPA’s Web site at www.epa.gov/air/mercuryrule.

MEETINGS

National Conference of State Legislatures
Annual Meeting
Salt Lake City, Utah
July 19-23, 2004

The National Conference of State Legislatures (NCSL) held its 2004 Annual Meeting in Salt Lake City, July 19-23. Two sessions addressed current air quality issues that are receiving significant national attention-mercury and ozone/particulate matter. NCSL’s Environment and Natural Resources Committee scheduled a session entitled “Controlling Mercury Emissions” on July 20. The committee received an update on the U.S. Environmental Protection Agency’s (EPA) proposed mercury rule (see article in this newsletter). Bill Wehrum, counsel to the Assistant Administrator in EPA’s Office of Air and Radiation, and Jon Heinrich, a policy analyst in the Wisconsin Department of Natural Resources Air Management Program, spoke to the committee. Their PowerPoint presentations are available on NCSL’s Air Quality Web site at http://www.ncsl.org/programs/environ/AIRMTGS.htm.

A concurrent session entitled “Clearing the Air” was held on July 22. Panelists discussed EPA’s recent ozone and fine particulate matter nonattainment area designations (see articles in this newsletter), and options available to states to comply with the standards. The speakers were Jeffrey Clark, director of communications in EPA’s Office of Air Quality Planning and Standards; Vickie Patton, an attorney with Environmental Defense in Boulder, Colo; Larry Volmert, an attorney with Holland & Hart in Denver, Colo; and Howard Roitman, director of environmental programs in the Colorado Department of Public Health and Environment. The PowerPoint presentations for Mr. Clark, Mr. Volmert and Mr. Roitman are available on NCSL’s Air Quality Web site at http://www.ncsl.org/programs/environ/AIRMTGS.htm