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News
Regulatory Update: September 2011EPA Boiler MACT Deadline, Offshore Wind, Marcellus Shale & Revised Article X August/September 2011
EPA Sets New Emissions and Reporting Standards for Industrial Facilities The recently enacted Area Source Boiler MACT Rule seeks to reduce emissions of toxic air pollutants from existing and new industrial, commercial, and institutional boilers located at area source facilities. There are different requirements for boilers at coal, oil, biomass, and other non-waste facilities depending on the fuel they burn, their heat input capacity, and whether they are new or existing. Existing sources have until March 21, 2012 to demonstrate compliance with the work practice standards in the Rule and until March 21, 2014 to demonstrate compliance with the emission limits. Initial Notification for existing sources must be submitted to the EPA or the delegated authority no later than September 17, 2011.
Public Comments on Offshore Wind Leasing Activity The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) has posted public comments received in response to its Draft Environmental Assessment (Draft EA) of Commercial Wind Lease Issuance and Site Characterization Activities Offshore the
Revised Permitting Program for Gas Extraction in The New York State Department of Environmental Conservation (NYSDEC) published a revised Supplemental Generic Environmental Impact Statement (SGEIS) in an effort to assess the unique environmental impacts of horizontal drilling and high-volume hydraulic fracturing (hydrofracking) in the state's Marcellus Shale formation and to provide possible mitigation solutions. If the recommendations of the SGEIS are adopted in their final form, nearly 85% of
New Article X for Electric Generation in The New York State (NYS) Public Service Commission (PSC) and the Department of Environmental Conservation (DEC) are drafting new regulations to implement the requirements of the new Article X Law for the Siting of Major Electric Generating Facilities, part of the Power NY Act 2011. The revised Article X includes an expedited licensing process under a pre-designated siting board that reviews all applications for facilities with more than a 25 megawatt generating capacity. Like the old Article X, the new law maintains the ability to override state and local laws. The permitting processes for new and existing facilities have been shortened to twelve and six months respectively. Until the regulations are promulgated, new major generating proposals over the 25 megawatt threshold will continue to be regulated under NYS' State Environmental Quality Review (SEQR) process and local zoning requirements. |