Electric Co-op Today

The Environmental Protection Agency has badly underestimated the time that electric utilities will need to comply with its controversial proposed rule to control hazardous air pollutants, NRECA told the agency.

Co-ops are concerned that EPA is setting an unrealistic time frame in a proposed major rule. (Photo By: Basin Electric Power Cooperative)

And, NRECA added, the agency’s “Utility MACT” rule is based on flawed methodology and includes requirements that are unachievable for many power plants.

“In short, our member cooperatives have great concerns with the practical implications of this rulemaking, as well as the procedures EPA incorporated into this rulemaking process,” according to comments submitted Aug. 4 by Rae Cronmiller, senior principal environmental counsel.

The complex rule, issued in May, requires coal- and oil-fired steam generating units to use maximum available control technology, or MACT, to reduce levels of mercury, nickel and related air toxics. EPA plans to finalize the rule, required under a federal court order, in November.

Its provisions, particularly the compliance time frame, have drawn sharp criticism on Capitol Hill, where a House committee passed a bill to delay implementation by at least six months.

By EPA estimates, more than 50 percent of all electric generating units might have to add at least one major pollution control device. NRECA said that’s simply not practical, given the agency’s compliance timetable of three years, with a possible one-year extension.

“Contrary to EPA’s presumption, even four years may not allow adequate time for staggered installations of equipment to ensure reliability or avoid significant cost increases to the electric consumer due to participation in the wholesale markets for baseload power,” NRECA said.

The filing also noted smaller systems like electric cooperatives will have to purchase substitute power at uncertain prices when they take units off-line for retrofits, and compete with larger utilities for equipment and engineering expertise.

“In some cases, financing is not as readily available to smaller systems or takes longer to acquire,” NRECA said.

In addition, NRECA said EPA has misconstrued the statutory basis for regulating hazardous air pollutants under the Clean Air Act and has employed approaches to setting emissions standards that are neither legal nor appropriate.

Tags: Environmental Protection Agency, Hazardous Air Pollutants