1. 2 regulationstatus first phase ghg regulation (endangerment finding, ghg permitting) rules...
TRANSCRIPT
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Assessing the Impact of the Elections on
Energy and the Environment Troutman Sanders Webinar
November 16, 2012
Peter Glaser
202.274.2998
TROUTMAN SANDERS LLP
401 9th Street, NW
Suite 1000
Washington, DC 20004
George Sugiyama
202.274.2840
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The First-Term EPA Power Sector Agenda
• EPA, 1/12/10 outline of priorities: “develop a comprehensive strategy for a cleaner and more efficient power sector, with strong but achievable reduction goals for SO2, NO2, mercury and other air toxics.”
• CSAPR Proposal, Regulatory Preamble: “[i]n furtherance of this priority goal, and to respond to statutory and judicial mandates, EPA is undertaking a series of regulatory actions over the course of the next 2 years that will affect the power sector in particular.” EPA intent is “creation of a clean, efficient, and completely modern power sector.”
• Multiple, overlapping rules aimed at coal plants.
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How They Did
Regulation Status
First phase GHG regulation (endangerment finding, GHG permitting)
Rules adopted. Affirmed on appeal. Petitions for rehearing pending.
CSAPR (interstate transport of SO2 and NOx) Rules adopted. Overturned on appeal. Petitions for rehearing pending.
UMACT (hazardous air pollutants) Rules adopted. On appeal.
Regional haze -East: compliance with CSAPR constitutes compliance with retrofit requirements-West: FIPs in certain states
-Rules adopted, but on hold pending final judicial action.-Litigation.
Coal ash Rules proposed.
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How They Did
Regulation Status
316(b) cooling water intake structures Rules proposed.
Ambient air quality standards SO2 and NO2 final, affirmed on appeal. PM2.5 proposed, not yet final. Ozone not yet proposed.
GHG new source performance standards (NSPS) for power plants
-Rule proposed but not yet final for new plants. ---Rule not yet proposed for modified and existing (not modified) powerplants.
Effluent Guidelines No proposal.
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Not As Much Progress as They Wanted
• Pre-election slow-down in rulemaking
• Numerous regulatory actions piled up in queue and will now be released
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Log Jam Is About to Break
• “War on coal” was an election issue. Will EPA and White House declare they have received a mandate to move aggressively?
• Will Sandy reinforce President’s view that climate change must be decisively addressed?
-Victory speech: build a country “that isn’t threatened by the destructive power of a warming planet.”
- Wednesday’s press conference: will move forward on climate change, but “If the message right now is we are going to ignore jobs and growth simply to go after climate change, I don’t think the American people are going to go for that. I won’t go for that."
• Delays from turnover in EPA staff?
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Agenda for Next Four Years: Finish the Job
Regulation EPA Goal Timing
CSAPR Reverse court decision or replace CSAPR with something comparable
Court action on rehearing early next year
UMACTExisting units
New Units
-Convince court to affirm on appeal-Finalize new rule
-Court decision expected 1st Q 2014-3/13
Coal Ash Finalize rule ?
316(b) Finalize rule Consent decree deadline of June 2012
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Agenda for Next Four Years: Finish the Job
Regulation EPA Goal Timing
Regional hazeEastWest
-Depends on CSAPR-Defend FIPs or settle
-Depends on CSAPR2013-14
Ambient air quality standards -Finalize PM2.5 NAAQS-Propose and finalize ozone NAAQS-Implementaton
-Mid-December 20122013-14
GHG NSPS -Finalize new unit rule
-Propose and finalize rule for existing and modified units
-Probably sooner rather than later-Probably 2013
Effluent Guidelines Finalize rule Proposal in next few months?
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Major Things to Watch For
• If a new Administrator, who will it be? Ditto other senior EPA staff.
• CSAPR: will court decision stand and, if so, what will replacement rule look like?
• UMACT: what will EPA do on environmental parties’ reconsideration petition on PM standard?
• NAAQS: how aggressive will EPA be on PM2.5 and ozone?
• Will EPA show moderation on coal ash, 316(b), and effluent guidelines?
• What does EPA do on GHG NSPS for existing EGUs and refineries…and then what does EPA does about all of the other petitions for regulating GHG emissions throughout economy?
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Maryam BrownChief CounselSubcommittee on Energy & PowerHouse Energy & Commerce Committee
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Patrick J. McCormick IIIRepublican Special CounselCommittee on Energy & Natural ResourcesUnited States Senate
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George SugiyamaEnvironmental & Natural Resources Group, Troutman Sanders LLPChief Minority Counsel, Senate Committee on Environment & Public Works, 2009-2012
