On 07/31/2012, U.S. EPA issued the Residual Risk & Technology Review amendments for the Pulp & Paper NESHAP. In the final rule, EPA:
- Concluded that the existing rule protects the public with an ample margin of safety (i.e., the existing risks are acceptable).
- Determined that the impacts and costs of the HAP reductions in the proposed rule were not reasonable.
- Found no new cost-effective control practices, processes, or technologies as part of the technology review.
- Eliminated the startup, shutdown, and malfunction exemptions, consistent with the D.C. Circuit Court’s vacatur.
- Added a requirement to conduct performance tests every 5 years and also required that stack test results be provided to EPA electronically.
- Included additional test methods for methanol and added several non-EPA test methods by reference.
The final rule will be effective upon publication in the Federal Register. The first of the 5-year performance tests must be conducted within 36 months after the final rule is published in the Federal Register.