NOTE

DATE:  March 5, 2012

TO:  Docket EPA-HQ-OAR-2011-0660

FROM:  Mary Johnson

SUBJECT:  Summary of July 13, 2011 Meeting with Small Entities

Standards of Performance for GHG Emissions for New Stationary Sources:
EGUs:  Proposed Rule

The EPA’s outreach to small entities regarded planned actions for new
and existing sources, but only new sources would be affected by the
currently proposed action.  At that time, the EPA believed it likely
that proposed regulations for greenhouse gas (GHG) emissions from
electric utility generating units (EGUs) (new sources as well as
existing sources) would not result in a significant economic impact on a
substantial number of small entities (SISNOSE).  However, because the
EPA believes that outreach to small entities is an important element in
the development of these regulations, the EPA requested that a Small
Business Advocacy Review (SBAR) Panel be convened to allow that outreach
to occur.

It has since been determined that new source performance standards
(NSPS) for emissions of carbon dioxide (CO2) for new affected
fossil-fuel-fired EGUs will be proposed at this time.  At a future date,
the EPA intends to promulgate emission guidelines for states to develop
plans reducing CO2 emissions from existing fossil-fuel-fired EGUs.

Summary of July 13, 2011 Meeting with Small Entities

A second outreach meeting was held with small entity representatives on
July 13, 2011.  Representatives from nine small entities and three
organizations participating as viewers/technical backup participated in
the meeting.  When conducted, this meeting with small entity
representatives was referred to as the second SBAR Panel Outreach
Meeting.  Topics suggested by small entity representatives and other
non-small entity participants were accommodated during this meeting. A
list of meeting participants and copies of materials provided by the
industry representatives are attached to this note.  The following small
entity representatives-suggested issues were presented by small entity
representatives:

Limited use boilers with limited opportunities for efficient
improvements due to NSR complications for conventional pollutants (even
though they believe that the pollution control exclusion applies in the
context of NSPS).

Variances per kwH and heat rates over monthly and annual operations
(six  real world case studies by utilities)

Age of plant is significant in setting any NSPS for CO2 

Legal issues on NSPS for CO2

Knowing the end game on biomass is critical before proposing NSPS for
EPA and utilities

Municipal government electric utilities are different from other
utilities. (Examples: the business model is based upon cost-effective
decisions that integrate wastewater treatment waste combustion, etc.;
waste heat for snow melt and community energy plan provides high
temperature for high temperature water in buildings to reduce CO2 used
from heating of water, etc.)

Attachments

