On February 17, 2015, the U.S. Environmental Protection Agency (EPA) published a proposed rule in the Federal Register containing more than 80 clarifications and corrections to provisions of the mercury and air toxics standards (MATS) (40 C.F.R. 63, Subpart UUUUU). As previously reported by Hopping Green & Sams, 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 maximum achievable control technology (MACT) standard for Portland Cement. See NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 2014).
Comments on the proposal are due April 3, 2015.
For additional information, contact Andrew Holway.