Thursday, January 13, 2022

EPA proposes to disapprove revisions to Wyoming’s 2014 regional haze plan as inconsistent with the Clean Air Act

U.S. EPA News Release:

EPA proposes to disapprove revisions to Wyoming’s 2014 regional haze plan as inconsistent with the Clean Air Act

Wyoming’s revised plan for Jim Bridger power plant does not justify reversal of current approved plan to reduce 3,000+ tons per year of emissions and protect regional air quality

Cheyenne, Wyo. (January 12, 2022) - The U.S. Environmental Protection Agency (EPA) today proposed to disapprove the State of Wyoming’s revised regional haze State Implementation Plan to address haze-forming emissions from the Jim Bridger power plant, Units 1 and 2, in Sweetwater County, Wyoming. Wyoming’s SIP revision would weaken existing requirements, which have been in place since 2014, to install and operate emissions controls at the Jim Bridger units beginning this year. Emissions from the Jim Bridger power plant affect visibility in western National Parks and Wilderness Areas protected as “Class I Areas” under the Clean Air Act. EPA’s proposed action will be subject to a 30-day public comment period beginning with the publication of the proposed rule in the Federal Register next week.

The Clean Air Act requires states to submit enforceable plans to address regional haze and reduce harmful emissions from sources of pollution, including power plants, to improve visibility conditions in Class I Areas, which include some of the nation’s most visited and treasured national parks and wilderness areas. Areas most impacted by emissions from the Jim Bridger plant include Grand Teton National Park, Rocky Mountain National Park, Yellowstone National Park, the Bridger Wilderness Area, the Fitzpatrick Wilderness Area, the Flat Tops Wilderness Area, the Washakie Wilderness Area, the Rawah Wilderness Area, and the Teton Wilderness Area.

“After thorough review and extensive efforts to work with the State, EPA is proposing to determine that Wyoming’s plan to remove and weaken current pollution control requirements in place for the Jim Bridger plant is inconsistent with the Clean Air Act,” said EPA Regional Administrator KC Becker. “While we look forward to public comment and continued opportunities for engagement, our evaluation of information provided to date indicates the State’s revision to its 2014 regional haze plan is a step backward for visibility in our parks, wilderness areas, and communities.”

EPA has found that Wyoming’s revised regional haze plan fails to justify reversing the State’s 2011 determination that the installation of Selective Catalytic Reduction (SCR) pollution control systems at Jim Bridger Units 1 and 2 is necessary under the Clean Air Act to make reasonable progress toward natural visibility conditions in Class I Areas. EPA is taking comment on this finding. SCR has been widely installed at power plants across the nation to effectively reduce pollutant emissions.

In 2014, EPA approved Wyoming’s decision to require SCR in the State’s regional haze plan, which requires the installation of SCR systems on Units 1 and 2 of the Jim Bridger power plant by December 31, 2022, and December 31, 2021, respectively. Collectively, these controls would achieve nitrogen oxide reductions of more than 3,000 tons per year based on the plant’s current operation. To date, Jim Bridger’s operator, PacifiCorp, has not installed SCR on either unit. While PacifiCorp has publicly indicated its intent to convert Jim Bridger Units 1 and 2 from coal to natural gas in 2024, the company’s intentions are not part of Wyoming’s proposed revisions to its regional haze plan thereby precluding the planned conversion from EPA consideration and analysis.

EPA received the revised plan submitted by Wyoming in May of 2020. The Agency’s air quality staff engaged extensively with the State throughout the evaluation of the revised plan and clearly communicated concerns and opportunities for improvement. EPA has completed its review and is proposing to disapprove the State’s revision, which has not changed substantively since its initial submission.

If finalized, EPA’s proposed action to disapprove the State’s revised plan will require PacifiCorp to adhere to the requirements of the existing regional haze plan, which has been in place since 2014, absent an approvable plan revision from the State. EPA recognizes that PacifiCorp’s plans for the operation of the Jim Bridger plant have changed since the Agency approved Wyoming’s regional haze determination for the plant in 2014. EPA has been and remains open to finalizing a new plan, consistent with the Clean Air Act, that addresses current circumstances while protecting Wyoming’s environment, its workers, and its communities.

EPA is requesting public comment on its proposed disapproval for 30-day period beginning with the date of publication in the Federal Register, which is expected on or around January 18, 2022. Comments can be made through www.regulations.gov under the docket ID #: EPA-R08-OAR-2020-0441

For more information, including EPA’s proposed rule, visit: https://www.regulations.gov/document/EPA-R08-OAR-2020-0441-0001

For more on visibility, regional haze and the Clean Air Act visit: https://www.epa.gov/visibility

Wednesday, January 12, 2022

West Penn Power to pay $610,00 penalty in Federal-State settlement over discharge violations at coal ash landfills

U.S. EPA News Release:

West Penn Power to pay $610,00 penalty in Federal-State settlement
over discharge violations at coal ash landfills

PHILADELPHIA (Jan. 12, 2022) – West Penn Power of Greensburg, Pennsylvania will pay a $610,000 penalty under a settlement to resolve water discharge violations at two coal ash impoundment landfills in southwestern Pennsylvania, the U.S. Environmental Protection Agency and Pennsylvania Department of Environmental Protection (PADEP) announced today.

“This settlement reaffirms that compliance with the Clean Water Act is an ongoing obligation for all industrial polluters who must ensure that their operations do not cause harm to public health and our nation’s waterways,” said EPA Mid-Atlantic Regional Administrator Adam Ortiz. “We are pleased to have partnered with the Commonwealth of Pennsylvania to ensure the continued protection of Pennsylvania’s rivers and public health.”

According to the settlement, West Penn Power exceeded boron limits in discharges from the Mingo Landfill in Union Township, Washington County, and Springdale Landfill in Frazer Township, Allegheny County.

Along with the penalty, the consent decree with EPA and PADEP requires West Penn Power to construct new gravity pipelines to new outfall locations in a new receiving waters for each landfill (Peters Creek for the Mingo pipeline and the Allegheny River for the Springdale pipeline). West Penn will also be required to collect data on instream boron levels in Peters Creek.

The settlement addresses alleged violations of the federal Clean Water Act and Pennsylvania Clean Streams Law that threaten to degrade receiving streams, impact public health, and harm aquatic life.

PADEP assisted EPA in the investigation and litigation and is a co-plaintiff. Penalty funds will be distributed evenly between the United States and PADEP.

Yesterday, EPA announced the agency will take several actions to protect communities and hold facilities accountable for controlling and cleaning up the contamination created by decades of coal ash disposal: EPA Takes Key Steps to Protect Groundwater from Coal Ash Contamination

More information on the Clean Water Act is available at: https://www.epa.gov/laws-regulations/summary-clean-water-act

More information on Pennsylvania’s Clean Streams Law is available at: https://www.dep.pa.gov/Citizens/My-Water/Pages/default.aspx

The proposed consent decree, filed in the federal district court in Pittsburgh, is subject to a 30-day public comment period and approval by the court.

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Tuesday, January 11, 2022

EPA Takes Key Steps to Protect Groundwater from Coal Ash Contamination

U.S. EPA News Release:

EPA Takes Key Steps to Protect Groundwater from Coal Ash Contamination

Contact: EPA Press Office press@epa.gov

WASHINGTON (Jan. 11, 2022) - Today, the U.S. Environmental Protection Agency (EPA) is taking several actions to protect communities and hold facilities accountable for controlling and cleaning up the contamination created by decades of coal ash disposal. Coal combustion residuals (CCR or coal ash), a byproduct of burning coal in coal-fired power plants, contains contaminants like mercury, cadmium, and arsenic that without proper management can pollute waterways, groundwater, drinking water, and the air.

Today’s actions advance the agency’s commitment to protecting groundwater from coal ash contamination and include (1) proposing decisions on requests for extensions to the current deadline for initiating closure of unlined CCR surface impoundments; (2) putting several facilities on notice regarding their obligations to comply with CCR regulations and (3) laying out plans for future regulatory actions to ensure coal ash impoundments meet strong environmental and safety standards. EPA is committed to working with states to ensure robust protections for communities.

“I’ve seen firsthand how coal ash contamination can hurt people and communities. Coal ash surface impoundments and landfills must operate and close in a manner that protects public health and the environment,” said EPA Administrator Michael S. Regan. “For too long, communities already disproportionately impacted by high levels of pollution have been burdened by improper coal ash disposal. Today’s actions will help us protect communities and hold facilities accountable. We look forward to working with our state partners to reverse damage that has already occurred. EPA will support communities with stakeholder engagement, technical assistance, compliance assistance, and enforcement.”

“New York State applauds the Biden administration and U.S. EPA Administrator Michael Regan for acting to protect communities nationwide from the dangers posed by coal ash disposal. The efforts announced today will help safeguard our communities and natural resources, and send a clear message—regulators are rigorously monitoring coal ash facilities and ready to hold violators accountable,” said New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos. “DEC is committed to partnering with EPA to protect our communities from the reckless practices of our country’s lingering coal legacy and today’s announcement is a critical milestone in these efforts.”

“As the transition from coal advances, it is also critical that we responsibly manage the legacy wastes that have been left from our historical reliance on coal,” said Liesl Clark, Director of the Michigan Department of Environment, Great Lakes, and Energy (EGLE). “Michigan is advancing efforts to reach our state’s goal of a carbon-neutral economy by 2050. We support EPA’s ongoing efforts to provide clarity around the coal combustion residuals rules and to ensure that our world-class freshwater resources and the drinking water they provide are not impacted by these legacy wastes.”

Addressing Requests for Extensions to CCR Surface Impoundment Closure Deadlines

EPA’s regulations required most of the approximately 500 unlined coal ash surface impoundments nationwide to stop receiving waste and begin closure by April 2021. The regulations outlined a process for facilities to apply for two types of extensions to the closure deadline.

EPA received and reviewed 57 applications from CCR facilities requesting deadline extensions and determined 52 were complete, four were incomplete, and one is ineligible for an extension. Of the 52 complete applications received, EPA conducted technical analyses and is proposing determinations on four applications today, with more determinations planned in the coming months.

EPA is proposing denying three requests for deadline extensions after identifying several potential deficiencies with groundwater monitoring, cleanup, and closure activities, including a lack of monitoring wells, improper monitoring techniques, faulty identification of other sources of groundwater contamination, and insufficient evaluations of clean-up technologies, which could prevent adequate groundwater cleanup. EPA is proposing a conditional approval for one request, which would require the facility to fix groundwater monitoring issues.

In addition, the proposed determinations re-state EPA’s consistently held position that surface impoundments or landfills cannot be closed with coal ash in contact with groundwater. Limiting the contact between coal ash and groundwater after closure is critical to minimizing releases of contaminants into the environment and will help ensure communities near these facilities have access to safe water for drinking and recreation.

Bringing Facilities into Compliance

EPA is also taking action to notify facilities of their compliance obligations for several facilities where the agency has information concerning the possible presence of issues that could impact health and the environment. Concerns outlined in separate letters include improper groundwater monitoring, insufficient cleanup information, and the regulation of inactive surface impoundments. EPA is also ensuring facilities comply with the current CCR regulations by working with state partners to investigate compliance concerns at coal ash facilities across the country.

EPA will work in collaboration with states on facility compliance to protect public health and the environment. The agency will focus on compliance at facilities that intend to close surface impoundments with coal ash in contact with groundwater, and facilities with surface impoundments that warrant further groundwater investigation, including facilities that have used an alternate source demonstration, which is when a facility identifies another possible source of contamination. Closure with coal ash in contact with groundwater puts the health and safety of nearby communities at risk.

Future Regulatory Efforts

Moving forward, EPA will improve the current rules by finalizing a federal permitting program for the disposal of coal ash and establishing regulations for legacy coal ash surface impoundments. EPA will also continue its review of state-level CCR program applications to ensure they are as protective as federal regulations.

Background

Produced primarily from the burning of coal in coal-fired power plants, coal combustion residuals can contain harmful levels of contaminants and are one of the largest types of industrial waste generated in the United States. In April 2015, EPA promulgated a comprehensive set of requirements for the management of coal ash in landfills and impoundments. These regulations address the risks from coal ash disposal.

EPA is requesting public comment for 30 days on the proposed determinations through Regulations.gov. For a list of the individual determinations and how to comment, please visit: https://www.epa.gov/coalash/coal-combustion-residuals-ccr-part-implementation.

For more information about coal ash, visit: https://www.epa.gov/coalash.

Wednesday, January 5, 2022

EPA to Review Amended Pennsylvania Plan to Help Restore Chesapeake Bay, Local Waters

U.S. EPA News Release:

EPA to Review Amended Pennsylvania Plan
to Help Restore Chesapeake Bay, Local Waters

Agency commends local input, says tough federal actions could be taken

PHILADELPHIA (Jan. 5, 2022) – The U.S. Environmental Protection Agency today said it will fully evaluate Pennsylvania’s amended plan to help restore the Chesapeake Bay.

Pennsylvania submitted an amended Phase III Chesapeake Bay Watershed Implementation Plan (WIP) to EPA on Dec. 30, 2021, intended to close a 9.8-million-pound gap in planned nitrogen pollution reductions needed to meet its Bay restoration commitments. The state said the amended WIP also includes reductions to compensate for future climate impacts.

“We appreciate that Pennsylvania amended its WIP and engaged counties and other stakeholders in the planning process,” said EPA Mid-Atlantic Regional Administrator Adam Ortiz. “We have begun a thorough review to determine if the plan measures up to Pennsylvania’s commitments to do its share to restore downstream waters and, in the process, improve the health of local rivers, streams, and drinking water.”

Ortiz said the Biden Administration strongly expects state and local partners to “join us in fully meeting our commitments” to achieve new high levels of environmental restoration.

He noted that EPA has provided significant financial and technical resources to support Pennsylvania’s Bay restoration goals – with potentially tens of millions of dollars of funding to come through the Bipartisan Infrastructure Law and other sources to help.

“However, EPA is serious about taking greater federal action to promote progress in Pennsylvania” if the amended plan does not meet 2025 cleanup targets or provide confidence to meet its goals, he said, citing greater federal oversight of permits, increased inspections and enforcement actions as potential options.

With a high percentage of the state’s pollution reductions expected to come from manure controls, EPA called on Pennsylvania to institute agricultural reforms.

“Notable progress has been made by state agencies and the farming community,” said Ortiz, who is planning a multi-day tour of innovative agriculture practices in Lancaster County in the coming weeks. “However, there are several critical missing statewide policies.”

In a letter emailed to state officials on Dec. 23, 2021, Ortiz laid out the seriousness of the expectations, that “existing resources and policies to control pollution in Pennsylvania do not include successful agricultural conservation measures established by downstream jurisdictions, such as a dedicated state agriculture cost share program, improved manure management practices, or requirements for stream buffers or fencing to keep animals from accessing local waters.”

EPA has been working closely with the agricultural community to get more support to small farms for their conservation efforts. Pennsylvania Farm Bureau President Rick Ebert said that additional steps to help farmers and producers achieve clean water and healthy farms are necessary.

“Pennsylvania’s farmers have led the recent effort in achieving nitrogen reductions in the Bay watershed,” said Ebert. “Many farmers want to continue Pennsylvania’s current trend to improve water quality locally in the Bay watershed through increased conservation measures on their farms. But our farmers are also concerned about additional standards they cannot realistically meet. A predictable and reliable source of state funding to finance farm conservation measures would be a huge win in maintaining Pennsylvania’s recent momentum in water quality improvement and providing feasible opportunities for farmers to play a key role in achievement of water quality in the Bay.”

A copy of the amended WIP is available online at: https://files.dep.state.pa.us/Water/ChesapeakeBayOffice/WIPIII/FinalPlan/PA_Phase_3_WIP_Final.pdf