April 15, 2016

EPA is issuing guidance to explain how it intends to implement certain regulatory requirements after the U.S. Court of Appeals for the District of Columbia Circuit issues a mandate effectuating the vacatur in Delaware v. EPA.

The statutory provisions and EPA regulations, as impacted by the impending issuance by the court of its mandate and described in this document, are themselves legally binding requirements. This document does not substitute for those provisions or regulations or modify them, nor is it a regulation itself.

As such, this document does not impose legally binding requirements on EPA, states, or the regulated community and may not apply to a particular situation based upon the circumstances. In appropriate circumstances, individual EPA decision makers may adopt approaches that differ from this guidance.

For more information please visit:

Guidance on Vacatur of RICE NESHAP and NSPS Provisions for Emergency Engines

Stationary Internal Combustion Engines

March 1, 2016

Owners/operators of emergency generators being used in emergency demand response programs, or operated to respond to local reliability or electrical grid voltage or deviation issues, are required to submit an electronic report to the EPA by March 31, 2016.

Owners/operators of emergency engines greater than 100 HP that are operated or contractually obligated to be available more than 15 hours/year for emergency demand response or voltage or frequency deviations, or operated for local reliability, must submit an annual report electronically through the Compliance and Emissions Data Reporting Interface (CEDRI) accessed through EPA's Central Data Exchange. The annual report must cover a range of information on 2015 operations as specified in CEDRI.

For more information please visit:

Rule and Implementation Information for Stationary Internal Combustion Engines

CEDRI

For CEDRI help contact CEDRI@epa.gov

February 4, 2016

A new General Permit to Limit Potential to Emit from Major Stationary Sources of Air Pollution (GPLPE) was issued on November 9, 2015. Due to the transition between the 2010 and 2015 GPLPEs, a GPLPE guidance and reporting reminder for calendar year 2015 compliance reporting is being provided.

All owners/operators of sources which were registered under the 2010 GPLPE shall report according to the instructions in the GPLPE guidance and reporting reminder for calendar year 2015, regardless of operating status with respect to the 2015 GPLPE.

All owner/operators of sources are required to submit a GPLPE Annual Compliance Certification covering the period between January 1, 2015 and the permit expiration date of November 19, 2015. The Annual Compliance Certification may be completed and submitted electronically through EMIT or otherwise accessed on the Compliance Assurance Forms webpage.

For more information please visit:

GPLPE Guidance and Reporting Reminder for Calendar Year 2015

EMIT

Compliance Assurance Forms

November 9, 2015

The new 2015 General Permit to Limit Potential to Emit from Major Stationary Sources of Air Pollution (GPLPE) was issued on November 9, 2015. For those facilities operating under the 2010 GPLPE and seeking to maintain limits on their potential to emit, to avoid the applicability of the Title V permitting program, re-registering for authorization under the 2015 GPLPE is most likely necessary. The 2015 GPLPE, GPLPE application form (Word, PDF) and instructions are available on DEEP's Air Emissions Permits webpage.

The GPLPE has several new requirements, as a result of feedback from EPA and interested parties. Most notable of these changes, is a two tiered emissions limitation structure. Registrants will have the option of requesting limitations on their regulated air pollutants of either:

Facilities that choose to limit their emissions, up to but no more than 80% of the Title V thresholds, excluding GHG, will be subject to additional compliance demonstration requirements that do not otherwise apply to facilities that choose to limit their emission to less than 50%.

Each facility is encouraged to carefully review the 2015 GPLPE and consider the GPLPE's applicability to their facility. DEEP staff are available to assist facilities, as they consider their options, and may be contacted at 860-424-4152.

Timing of Re-registration Submittals

For facilities that have historically used the GPLPE, as a means to limit potential emissions of Hazardous Air Pollutants (HAPs) and avoid applicability of Federal NESHAPs (aka MACT standards), you are cautioned to submit a registration for authorization under the GPLPE on or before November 19, 2015.

Generally speaking, facilities that do not have the potential to emit HAPs, at or above the Title V threshold, have more time to review the GPLPE and submit their re-registrations for authorization.

August 14, 2015

The court granted EPA's motion to stay issuance of the court's mandate of the vacatur of 63.6640(f)(2)(ii)-(iii), and the corresponding paragraphs in the NSPS regulations, until May 1, 2016. This means the provisions allowing emergency engines to operate for emergency demand response remain in effect until May 1, 2016.

July 27, 2015

The U.S. Court of Appeals for the District of Columbia Circuit has issued a new ruling that narrows the scope of a May 1, 2015 court opinion related to a 100-hour exemption from regulation included in the Reciprocating Internal Combustion Engine (RICE) National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards issued on January 30, 2013.

On July 15, 2015,EPA requested an amendment to the May 1, 2015 ruling in Delaware Department of Natural Resources [DNREC], et al. v. EPA (No. 13-1093) because the court had inadvertently vacated provisions that were not included in the original lawsuit.

The May 1 opinion had stated that a 100-hour exemption from controls included in the RICE rule was "arbitrary and capricious" and vacated the exemptions. However, the July 21, 2015 ruling clarifies that the vacatur applies only to engines used in an emergency demand response program and that other portions of the rule remain in force, including those allowing the exemption for emergency engines being used for maintenance checks and readiness tests.

Along with EPA's unopposed petition for the reevaluation of the vacatur, the agency also filed a petition asking that the court's mandate be stayed until May 1, 2016. That petition was opposed, however, and the court has not yet ruled.

For more information please visit:

Stationary Internal Combustion Engines - Technical Information - Other Technical Documents

July 27, 2015

The U.S. Court of Appeals for the D.C. Circuit has unanimously denied petitions by environmental and industry groups challenging EPA's Risk and Technology Review (RTR) air toxics standards for the "Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; and Steel Pickling HCl Process Facilities and Hydrochloric Acid Regeneration Plants" source category.

The RTR rule was issued on September 19, 2012 and amended the 1995 Maximum Achievable Control Technology standard for the source categories. In the challenges, National Association for Surface Finishing (NASF), et al. v. EPA, et al. (USCA Case #12-1459), the environmental groups argued that the RTR rule was inadequate because EPA had not considered relevant information and had improperly considered costs in calculating the standards. The industry groups argued that the final RTR rule was too stringent.

For more information please visit:

USCA Case #12-1459, Document #1563424

March 12, 2015

EPA is announcing that the period for providing public comments on the February 6, 2015, receipt of a complete petition document titled "Petition To Add n-Propyl Bromide to the List of Hazardous Air Pollutants" is being extended by 60 days.

On February 6, 2015 EPA announced the receipt of a complete petition requesting that EPA add the chemical n-Propyl Bromide (nPB) (Chemical Abstract Service No. 106-94-5) to the list of hazardous air pollutants (HAP) contained in section 112(b)(1) of the Clean Air Act.

The public comment period for the receipt of a complete petition document published in the Federal Register on February 6, 2015 (80 FR 6676), is being extended by 60 days to May 7, 2015, in order to provide the public additional time to submit comments and supporting information.

Written comments on the receipt of a complete petition document may be submitted to the EPA electronically, by mail, by facsimile or through hand delivery/courier. Please refer to the Federal Register document (80 FR 6676) for the addresses and detailed instructions.

For more information please visit:

Extension of Comment Period

Petition to Add n-Propyl Bromide to the List of Hazardous Air Pollutants

March 12, 2015

EPA announced, broadly applicable, alternative test method approval decisions made in support of New Source Performance Standards (NSPS), the National Emission Standards for Hazardous Air Pollutants (NESHAP), and the Consolidated Federal Air Rule under the Clean Air Act in 2014.

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Notice of Availability

March 3, 2015

EPA is proposing to require certain air emissions data reports required under the New Source Performance Standards (NSPS) to be reported electronically under a proposed rule signed on February 26. These reports include summary reports, excess emissions reports, performance test reports and performance evaluation reports.

EPA acknowledges the transition from paper-based reporting to electronic reporting will impose short-term cost impacts, but it projects the rule will result in total annualized savings of approximately $300,000 per year. EPA indicated that the signed proposal will be posted on its website shortly.

For more information please visit:

Proposed Rule

Fact Sheet

February 17, 2015

EPA has published, in the Federal Register, proposed Residual Risk and Technology (RTR) standards for the Aerospace Manufacturing and Rework Facilities source category, which had been announced on January 22, 2015. The standards are designed to address risks that remain from emissions of hazardous air pollutants after the implementation of MACT and to incorporate new control technologies that have been developed since MACT was established.

EPA concluded that the 1995 MACT standard sufficiently addressed risk and that there are no new technologies that should be required. However, EPA is setting emission limits for specialty coating application operations, since the original MACT did not address those emission sources. EPA will accept public comments until April 3, 2015.

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Federal Register Notice

February 17, 2015

EPA has published, in the Federal Register, proposed changes to the Mercury and Air Toxics Standards (MATS) that include:

1. Technical corrections to the regulatory text of the MATS rule and the associated Utility New Source Performance Standards
2. Removal of the rule's affirmative defense for civil penalties for violations caused by malfunctions. The proposals were first announced on December 19, 2014 (and reported in the Washington Update of December 22-26, 2014)

EPA has reported that the 83 proposed corrections in the proposal generally fall into three categories:

1. Resolution of conflicts between the rule's preamble and regulatory text.
2. Corrections that EPA stated it would make (in the response to comments) but inadvertently had not made.
3. Clarification of regulatory text language. EPA will accept public comment on the proposals until April 3, 2015.

For more information please visit:

Federal Register Notice

January 21, 2015

On February 1, 2013, EPA finalized amendments to the NESHAP for Area Sources: Industrial, Commercial, and Institutional Boilers (Area Source Boilers Rule). Subsequently, the EPA received three petitions for reconsideration of the final rule. The EPA is announcing reconsideration of and requesting public comment on five issues raised in the petitions for reconsideration.

EPA is also proposing a limited number of technical corrections and amendments to the final rule to correct inadvertent errors and to clarify some applicability and implementation issues raised by stakeholders. Also, EPA proposes to delete rule provisions for an affirmative defense for malfunction in light of a recent court decision on the issue. EPA is seeking comment only on the five issues being reconsidered, the proposed deletion of the affirmative defense and on the technical corrections and amendments described in the preceding paragraph. The EPA will not respond to any comments addressing any other issues or any other provisions of the final rule. Comments must be received on or before March 9, 2015, or 30 days after date of public hearing, if later.

For more information please visit:

Federal Register Notice

January 21, 2015

On January 31, 2013, the EPA finalized amendments to the NESHAP for new and existing industrial, commercial, and institutional boilers and process heaters at major sources of HAP. Subsequently, the EPA received 10 petitions for reconsideration of the final rule.

The EPA is announcing reconsideration of and requesting public comment on three issues raised in the petitions for reconsideration. The EPA is seeking comment only on these three issues. The EPA will not respond to any comments addressing any other issues or any other provisions of the final rule. Additionally, the EPA is proposing amendments and technical corrections to the final rule to clarify definitions, references, applicability and compliance issues raised by stakeholders subject to the final rule.

Also, EPA proposes to delete rule provisions for an affirmative defense for malfunction in light of a recent court decision on the issue. Comments must be received on or before March 9, 2015, or 30 days after date of public hearing if later.

For more information please visit:

Federal Register Notice

January 21, 2015

On February 7, 2013, the EPA promulgated its final response to petitions for reconsideration of the NSPS and emission guidelines (EG) for commercial and industrial solid waste incineration (CISWI) units that were promulgated on March 21, 2011. Following promulgation of the February 2013 final action, the EPA Administrator received petitions for reconsideration that identified issues that petitioners maintain require additional reconsideration and/or warrant further opportunity for public comment. In this action, the EPA is granting reconsideration on four provisions of the February 2013 final NSPS and EG for CISWI units.

In addition, the EPA identified regulatory provisions that require clarification and editorial correction to address inconsistencies and errors in the final rules. The proposed amendments provide additional clarity and improve the implementation of the February 2013 final CISWI standards, but do not have any environmental, energy or economic impacts associated with the proposed action.

Comments must be received on or before March 9, 2015, or 30 days after date of public hearing, if later.

For more information please visit:

Federal Register Notice