Agency Memo Asks Power Project Permitting Authorities to Perform MACT Review

As I stated earlier in this blog, if you want to build new coal (or oil) fired power plants in this country you better plan on MACT standards for mercury and other toxics. A new EPA memo, dated January 7, 2009, has asked for just that consideration when reviewing new plant permits. This will affect all new plants and those that started construction, or re-construction, between March 29, 2005 and March 14, 2008.

Even though most affected construction probably meets the requirements anyway, the EPA is beginning to understand what many states already knew to be so.

Excerpts from a Power Engineering Int'l article follow;

The U.S. Environmental Protection Agency's Office of Air and Radiation said in a January 7 memo that power plants under construction may now need to meet new-source maximum available control technology (MACT) standards.

The EPA memo, from Robert J. Meyers, principal deputy assistant administrator, states that although electric steam generators may have relied on rules that EPA issued and that were vacated by a federal court in February 2008, EPA now believes those generators are "legally obligated to come into compliance" with the requirements of Section 112(g). Section 112(g) refers to a portion of the Clean Air Act Amendments.
[...]
Units affected by the January 7 EPA memo include coal- and oil-fired facilities that began "actual construction or reconstruction" between March 29, 2005 and March 14, 2008.

EPA said it reviewed permit information for potentially affected facilities and believes that controls in place "may be sufficient" to comply with MACT standards. The agency said, however, it is asking state and local air permitting authorities to make new-source MACT determinations for each affected project.

EPA advised permitting authorities not to consider any MACT options closed simply because permits have been issued, administrative processes have begun or contracts have been let. Instead, "permitting authorities should limit such consideration to actual construction only."