Air Quality Update: NOx SIP Call Rule
In October 1998, the U.S. Environmental Protection Agency (EPA) finalized a Nitrogen Oxides State Implementation Plan Call Rule (NOx SIP Call) which is a final rule under the Clean Air Act (CAA). The rule requires 22 states to reduce statewide nitrogen oxide emissions.
The rule required an 85% reduction of NOx emissions from utilities, a 60% reduction of emissions from major non-utility industrial systems, and a 30% cut in emissions from cement kiln operations.
Nitrogen Oxides (NOx) is a prime ingredient in the formation of the nation’s most pervasive air pollutant, ground level ozone (smog), which can irritate the respiratory tract, impair breathing ability and cause various other respiratory problems.
South Carolina
Recently, the South Carolina Department of Health and Environmental Control (SCDHEC) adopted a plan to reduce NOx emissions. The States's General Assembly must approve the plan by next year. The plan requires fossil fuel-fired power plants and other large industrial sources, such as pulp and paper mills, to reduce their NOx emissions. The rule applies to large industrial sources with boilers greater than 250 million BTUs per hour.
Several states including South Carolina appealed this action in federal court. The case is Appalachian Power Co. v. EPA, D.C. Cir., No. 99-1268. The courts upheld the EPA’s position on the NOx SIP Call and the states were directed to revise their SIPs. However, the appeals court ordered the EPA to reevaluate the factors it used in coming up with state NOx emissions budgets for electric generating units (EGU). The court said EPA underestimated the projected growth in electric power generation in some of the upwind states. The court also said EPA erred in classifying some industrial facilities as electric generating units with tighter emissions limits using criteria the court threw out in 2000 and ordered EPA to reevaluate the factors.
EPA estimates that the reductions will cut the NOx emissions by more than 18% per state. The
EPA has given each state a NOx budget that can be emitted. South Carolina’s budget is 19,678 tons. This isthe South Carolina Department of Health and Environmental Control (SCDHEC) adopted a plan to reduce NOx emissions. The States's General Assembly must approve the plan by next year. The plan requires fossil fuel-fired power plants and other large industrial sources, such as pulp and paper mills, to reduce their NOx emissions. The rule applies to large industrial sources with boilers greater than 250 million BTUs per hour.
Several states including South Carolina appealed this action in federal court. The case is Appalachian Power Co. v. EPA, D.C. Cir., No. 99-1268. The courts upheld the EPA’s position on the NOx SIP Call and the states were directed to revise their SIPs. However, the appeals court ordered the EPA to reevaluate the factors it used in coming up with state NOx emissions budgets for electric generating units (EGU). The court said EPA underestimated the projected growth in electric power generation in some of the upwind states. The court also said EPA erred in classifying some industrial facilities as electric generating units with tighter emissions limits using criteria the court threw out in 2000 and ordered EPA to reevaluate the factors.
EPA estimates that the reductions will cut the NOx emissions by more than 18% per state. The
EPA has given each state a NOx budget that can be emitted. South Carolina's budget is 19,678 tons. This is
the total amount of NOx that can be emitted from power plants and major industrial facilities.
North Carolina
On July 12, 2001 the Environmental Management Commission (EMC) agreed to major revisions to the States’ temporary NOx SIP call rule. The EMC removed the requirement for new or expanding "small" combustion sources to install NOx controls. "Small" boilers and heaters are those that have a maximum heat input rate less than or equal to 250 million Btu per hour. The proposed changes would have required the application of reasonably available control technology (RACT) on new "small" boilers and process heaters that are permitted after October 31, 2000.
This rule does establish emission standards for large new combustion sources permitted after October 31, 2000. Large combustion sources are:
- Electric Generating Units
- Large Boilers
- Large I/C Engines
These include electric generating units with a nameplate capacity greater than 25 megawatts electrical and selling electricity. Also included in this category are stationary fossil fuel-fired boilers, combustion turbines, or combined cycle systems with a maximum design heat input capacity greater than 250 million Btu per hour, and large stationary internal combustion engines.
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