Utilities Say EPA Violated Air Law In Revisions To MACT's SSM Provisions

摘要

Utilities are claiming that EPA violated the Clean Air Act with its revisions to power plant startup, shutdown and malfunction (SSM) provisions in its maximum achievable control technology (MACT) air toxics rule for the sector, saying the agency failed to follow air law procedures to first allow public comment on the provisions. In a Feb. 20 statement of issues in litigation over the revisions, as well as a parallel petition for administrative reconsideration of the changes filed with EPA last month, the Utility Air Regulatory Group (UARG) faults the SSM updates that address emissions limit requirements during periods of facility SSMs. But the group notes that EPA has subsequently proposed further updates to the utility MACT that could potentially address some of its concerns. Relevant documents are available on InsideEPA.com. See page 2 for details. (Doc. ID: 179111) EPA in the Nov. 19 Federal Register published its rule taking final action on reconsideration of some startup and shutdown provisions in the MACT. The agency's rule created a second compliance option for utilities who said the original rule was too hard to meet. As a result, EPA established an alternative definition of startup and the conditions for when clean fuel must be combusted and when numeric pollution limits apply under the rule.