Plywood MACT Vacatur Court Mandate issued October 4, 2007 Partial vacatur – 112(j) not applicable Low-risk subcategory vacated Compliance date set at October 1, 2007 Issue – Compliance time for low-risk sources One year extension available from Permitting Authority Compliance extensions past one year ?
Boiler MACT & Section 112(j) Section 112(j) requirements: 40 CFR 63.50 – 56 Becomes applicable 18 months after scheduled date of promulgation missed 11/15/2000 Scheduled date of promulgation 5/15/2002 112(j) applicability date Part 2 application for boilers due April 28, 2004 MACT promulgated 9/13/04 – 112(j) action ceases MACT vacated 7/30/07 – 112(j) again applicable
Section 112(j) Applicability 40 CFR 63.50(a)(2)(i) 112(j) applies to sources in source categories which EPA failed to promulgate an emission standard Boiler MACT promulgated on Sept. 13, 2004 Part 63 definition of emission standard National standard that meets the statutory requirements of Section 112(d) of Clean Air Act Vacatur confirms EPA failure to meet Clean Air Act Therefore, Section 112(j) applies to boilers
Section 112(j) Requirements Sources must submit application/revision if they can reasonably determine they belong in source category If notified by Permitting Authority, sources must submit Part 1 application within 30 days Part 2 application due within 60 days of Part 1 P.A. to notify source in writing of complete Part 2 P.A. to issue permit within 18 months of complete application Emission limitations; compliance date Testing, monitoring, recordkeeping and reporting
Regulating Boilers in Region 4 AlabamaImplementing State rule (i.e. vacated MACT) FloridaWaiting on 112(j) guidance – State rule deleted GeorgiaWill implement (j) – waiting on guidance. Will take steps to delete State rule KentuckyImplementing 112(j) – existing permits may retain vacated MACT limits. MACT vacatur also vacated State rule. MississippiWill implement 112(j) – Waiting on guidance. MACT vacatur automatically vacated State rule N. Carolina Implementing State risk-based rule. Will implement 112(j) if applicable. MACT vacatur automatically vacated State rule. S. CarolinaImplementing State rule (i.e., vacated MACT) TennesseeWill implement (j) – waiting on guidance. State does not adopt MACTs into State law.