On December 19, 2014, the U.S. Environmental Protection Agency (EPA) released a pre-publication proposed action containing more than 80 clarifications and corrections to provisions of the mercury and air toxics standards (MATS) (40 C.F.R. 63, Subpart UUUUU). The clarifications and corrections relate to several aspects of MATS, including: applicability criteria; definitions; operating and emission limits; compliance testing and deadlines; startup requirements; boiler tune-up requirements; bypass provisions; emissions averaging provisions; monitoring requirements; CMS certification, verification, and maintenance requirements; and reporting, notification, and recordkeeping requirements. The proposal also deletes provisions providing an affirmative defense for malfunctions based on a recent D.C. Circuit Court decision vacating similar provisions in the Portland Cement MACT. See NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 2014).
Comments on the proposal are due 30 days after publication in the Federal Register, which should occur soon.
For additional information, contact Andrew Holway.