1. Regulatory Roadmap: Power sector environmental rules
Jennifer Macedonia
Environmental Regulation and
Electric System Reliability
October 22, 2010

2. Power Sector Transformation
Electric Sector
Air
Water
Waste
Climate
Natural Gas price
Reliability
Aging Fleet
New Technology

3. Climate Influence
Regardless of if, when, & how EPA regulates GHGs in near term
uncertainty regarding future control of GHGs continues to influence the power sector
as companies factor a shadow carbon price into economic analyses for investment decisions
Today’s focus: air, water, and waste rules
GHG = greenhouse gas

4. Rulemaking Schedule
Conventional air pollutant rules: driven by NAAQS attainment deadlines
2010
2011
2012
2013
2014
Transport Rule (P)
Transport Rule (F)
F = Final Rulemaking
P = Proposed Rulemaking
NAAQS = National Ambient Air Quality Standard 4

5. Rulemaking Schedule
Conventional air pollutant rules: driven by NAAQS attainment deadlines
2010
2011
2012
2013
2014
Transport Rule II (F)
Revised Ozone NAAQS
Transport Rule (P)
Revised PM NAAQS
Transport Rule (F)
Transport rule II (P)
F = Final Rulemaking
P = Proposed Rulemaking
NAAQS = National Ambient Air Quality Standard
PM = particulate matter 5 5

6. Rulemaking Schedule
Hazardous air pollutant rule: court ordered deadline Nov 2011
2010
2011
2012
2013
2014
Transport Rule II (F)
Revised Ozone NAAQS
Transport Rule (P)
Revised PM NAAQS
Transport Rule (F)
Transport rule II (P)
Utility MACT (P & F)
F = Final Rulemaking
P = Proposed Rulemaking
NAAQS = National Ambient Air Quality Standard
PM = particulate matter
MACT = Maximum Achievable Control Technology 6

7. Rulemaking Schedule
Clean Water Act rules: cooling water intake re-proposed after court remand
2010
2011
2012
2013
2014
Steam Electric Effluent (F)
Transport Rule II (F)
Cooling water (F)
Steam Electric Effluent (P)
Revised Ozone NAAQS
Transport Rule (P)
Cooling water (P)
Revised PM NAAQS
Transport Rule (F)
Transport rule II (P)
Utility MACT (P & F)
F = Final Rulemaking
P = Proposed Rulemaking 7

8. Rulemaking Schedule
Resource Conservation and Recovery Act (RCRA) coal waste rules
2010
2011
2012
2013
2014
Steam Electric Effluent (F)
Transport Rule II (F)
Cooling water (F)
Steam Electric Effluent (P)
Coal Waste (F)
Revised Ozone NAAQS
Transport Rule (P)
Cooling water (P)
Coal waste (P)
Revised PM NAAQS
Transport Rule (F)
Transport rule II (P)
Utility MACT (P & F)
F = Final Rulemaking
P = Proposed Rulemaking 8 8

9. Rulemaking Schedule Air, Water, Waste Steam Electric Effluent (F)
2010
2011
2012
2013
2014
Steam Electric Effluent (F)
Transport Rule II (F)
Cooling water (F)
Steam Electric Effluent (P)
Coal Waste (F)
Revised Ozone NAAQS
Transport Rule (P)
Cooling water (P)
Coal waste (P)
Revised PM NAAQS
Transport Rule (F)
Transport rule II (P)
Utility MACT (P & F)
F = Final Rulemaking
P = Proposed Rulemaking
NAAQS = National Ambient Air Quality Standard
PM = particulate matter
MACT = Maximum Achievable Control Technology

10. Existing Unit Compliance Periods
2011
2012
2013
2014
2015
2016
2017
2018
2019
Air
Transport Rule
Transport Rule update
Utility MACT
Water
Cooling water intake
Effluent guidelines
Waste
Coal waste/ash
Phase I caps
Phase II caps
Pending revised NAAQS
2015: National Emission Standards
(Potential 1-2 year extension)
5 yr permit renewal cycle to start some time after 2012
5 yr permit renewal cycle after rule final
Timing dependent on whether RCRA C or D
NAAQS = National Ambient Air Quality Standard
MACT = Maximum Achievable Control Technology
RCRA = Resource Conservation and Recovery Act
RCRA C = Special waste
RCRA D = Non-hazardous waste