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PUC Annual Report–Fiscal Year 2011-12 - Public Utilities Commission

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<strong>Public</strong> <strong>Utilities</strong> <strong>Commission</strong> <strong>Annual</strong> Report <strong>2011</strong>-<strong>12</strong><br />

State of Hawaii Page 97<br />

Federal Issues and Activities<br />

EPA’s Mercury Air Toxics Standards (“MATS”)<br />

On December 21, <strong>2011</strong>, the U.S. Environmental Protection Agency (“EPA”)<br />

announced standards to limit mercury, acid gases and other toxic pollution from power<br />

plants, aimed at reducing air pollution from coal and oil-fired power plants. They set<br />

technology-based emissions limitation standards for mercury and other toxic air<br />

pollutants, reflecting levels achieved by sources currently in operation. The passing of<br />

the rule affects coal- and oil-fired electric generating units with a capacity of 25 MW or<br />

greater. Existing sources will have up to four years to comply with MATS. For more<br />

information please go to the EPA’s website on the subject:<br />

http://www.epa.gov/airquality/powerplanttoxics/index.html.<br />

Greenhouse Gas Prevention of Significant Deterioration and Tailoring<br />

Rule<br />

This EPA rule is part of their phase-in approach to permitting sources of<br />

greenhouse gas (“GHG”) emissions. On December 23, 2010, the EPA issued a series<br />

of rules that put the necessary regulatory framework in place to ensure that industrial<br />

facilities can get clean air act permits covering their GHG emissions when needed if<br />

necessary. The EPA tailoring rule ensures that only the largest sources of GHGs, those<br />

responsible for 70 percent of the GHG pollution from stationary sources, would require<br />

air permits. This rulemaking process is not yet complete. For more information, please<br />

go to the EPA’s website on the subject: http://www.epa.gov/NSR/actions.html.<br />

National Ambient Air Quality Standards (“NAAQS”)<br />

On August 31, <strong>2011</strong>, the EPA issued a ruling, effective October 31, <strong>2011</strong>, on its<br />

carbon monoxide standards, retaining the standards that were already in place and<br />

setting a compliance date of January 1, 2017 (for the size of the utilities in Hawaii). The<br />

primary standard for carbon monoxide is nine parts per million in an average eight hour<br />

period and thirty-five parts per million in a one hour period (both are not to be exceeded<br />

more than once per year. For more information about all of the NAAQS, please go to<br />

the EPA’s website: http://www.epa.gov/air/criteria.html. For more information on the<br />

carbon monoxide ruling, please see the Federal Register Volume 76, Number 169:<br />

http://www.gpo.gov/fdsys/pkg/FR-<strong>2011</strong>-08-31/html/<strong>2011</strong>-21359.htm.<br />

National Emission Standards for Hazardous Air Pollutants for<br />

Reciprocating Internal Combustion Engines (“RICE-NESHAP”)<br />

Though these proposed rule changes issued by the EPA do not become effective<br />

until the EPA issues a final regulation, the proposed amendments to the NESHAP for<br />

reciprocating internal combustion engines including replacing emission limits with<br />

(1) management practices for some engines that are remote from human activity or

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