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Boiler MACT, NHSM Rule, and CISWI NSPS In OMB Review

The final Boiler MACT standard, NHSM Rule, CISWI NSPS, and Boiler Area Source NESHAP amendments are in OMB review, indicating that these rules could be released in the next few weeks.  EPA stated that they planned to issue the rules by May 2012.  However, it appears that the final rules will be released in June 2012 or later.

EPS Launches Updated Website

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EPA Issues Final Ozone Nonattainment Area Designations

On April 30, 2012, EPA issued the final nonattainment area designations for the 2008 ozone National Ambient Air Quality Standard (NAAQS).  In 2008, EPA set the NAAQS for ozone at 75 ppb (8-hour average).  Of the 45 nonattainment areas, only 3 are new.  The remaining areas are part of existing nonattainment areas for the 1997 ozone NAAQS.  In the Southeast, nonattainment areas include:

  • Georgia:  Atlanta (Marginal):  Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, Rockdale.
  • Mississippi:  Memphis, TN-MS-AR (Marginal):  Desoto (partial)
  • North Carolina: Charlotte-Rock Hill, NC-SC (Marginal):  Cabarrus (partial), Gaston (partial), Iredell (partial), Lincoln (partial), Mecklenburg, Rowan (partial), Union (partial).
  • South Carolina:  Charlotte-Rock Hill, NC-SC (Marginal):  York (partial).
  • Kentucky:  Cincinnati, OH-KY-IN (Marginal):  Boone (partial), Campbell (partial), Kenton (partial).
  • Tennessee:  Knoxville (Marginal):  Blount, Anderson (partial), Knox; Memphis, TN-MS-AR (Marginal): Shelby.

In addition to the final area designations, EPA issued a final rule for implementation of the 2008 ozone NAAQS.  Provisions of the rule include setting air quality thresholds for each of the five CAA nonattainment classifications (marginal, moderate, serious, severe, and extreme), as well as attainment dates for each classification.  For example, the attainment date for marginal areas is December 31, 2015.

A subsequent EPA rulemaking is expected to address anti-backsliding provisions, State Implementation Plan (SIP) deadlines, and control measures.

List of Nonattainment Areas:

Map of Nonattainment Areas:

Reminder: EPA’s Chemical Data Reporting (CDR) Rule – Reports Due June 30, 2012

In August 2011, EPA issued the Chemical Data Reporting (CDR) Rule which requires that by June 30, 2012, chemical manufacturers and companies that import chemicals report their 2011 calendar year use or production of all chemicals in excess of 25,000 pounds that are on the Toxic Substance Control Act (TSCA) Inventory.  EPA is using the CDR to gather information on the manufacture, process and imports of chemicals on the TSCA Inventory.  Non-chemical manufacturing facilities should determine if they imported chemicals in quantities exceeding the 25,000 pound threshold.

Final Rule:!documentDetail;D=EPA-HQ-OPPT-2009-0187-0393

Georgia EPD Issues Final Industrial Storm Water General Permit

On April 16, 2012, Georgia EPD issued the final 2012 Industrial Storm Water NPDES General Permit.  The new permit will be effective June 1, 2012.  Facilities subject to the general permit are required to submit a Notice of Intent (NOI) for coverage under the new permit by July 1, 2012.  The existing general permit remains in effect until June 1, 2012.  Storm water pollution prevention plans (SWP3) must be updated by August 30, 2012.  The permit includes several new sector-specific requirements, including additional benchmark monitoring.


GHG Standards Proposed for Future Power Plants

On March 27, 2012, EPA issued proposed greenhouse gas (carbon emissions) standards for future power plants.  Subject electric generating units (EGUs) include fossil‐fuel‐fired boilers, integrated gasification combined cycle (IGCC) units and stationary combined cycle turbine units that generate electricity for sale and are larger than 25 megawatts.

Fact Sheet:

Proposed Rule:

No Action Assurance Letter for Area Source NESHAP Boiler Tune-Ups

On March 13, 2012, EPA issued a No Action Assurance Letter intended to provide relief to existing sources subject to the Boiler Area Source NESHAP (40 CFR 63 Subpart JJJJJJ).  For existing sources that are required to conduct tune-ups, EPA is stating that it will exercise enforcement discretion for boilers that are not tuned-up by the March 21, 2012 compliance deadline.  In the proposed reconsideration of the Area Source NESHAP, EPA has proposed to extend the due date to 2013.  The No Action Assurance letter is effective until October 1, 2012 or the effective date of the reconsidered rule, whichever is earlier.


EPA Issues Proposed NSR Rule for Condensable PM

On March 12, 2012, EPA proposed a New Source Review (NSR) rule to clarify that condensable Particulate Matter (PM) must continue to be included in measurements of PM10 and PM2.5 (for NSR purposes).  The measurement of total PM (which is typically used for New Source Performance Standard compliance) is not to include the measurement of condensable PM.  EPA is stating that the 2008 PM2.5 implementation rule included an error that appeared to redefine “particulate matter emissions” (total PM) to include condensables.

Fact Sheet:

Proposed Rule:

EPA Proposes Implementation Rule for 2008 Ozone Standard

On February 7, 2012, EPA issued the proposed implementation rule for the 2008 8-hr ozone NAAQS (75 ppb).  Similar to previous ozone nonattainment area designations, EPA is setting five categories of NAA with corresponding compliance schedules and control measures.

Fact Sheet:


EPA Issues No Action Assurance Letter for Boiler MACT Initial Notifications

Because the D.C. Circuit Court of Appeals rejected the May 16, 2011 EPA stay of the effective dates for the March 2011 Boiler MACT and CISWI (Incinerator) NSPS, the initial notification from subject sources was due by September 2011.  To clarify the confusion the vacatur would cause, U.S. EPA issued a “No Action Assurance” letter on February 7, 2012, which states that the agency will take no enforcement action on the initial notification requirements for the March 2011 Boiler MACT.  Some facilities have decided to file initial notifications regardless of EPA’s assurance.

EPA will continue its current plans for finalizing the December 2011 proposed standards prior to the expiration of the “No Action Assurance” letter:  December 31, 2012.  When the December 2011 proposed standards are finalized, a new timeline for initial notifications will be established.  So, from an EPA perspective, no initial notification for the March 2011 Boiler MACT is required in September 2012.


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