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MACT Vacaturs & Section 112(j)

MACT Vacaturs & Section 112(j). Plywood MACT Vacatur Boiler MACT Vacatur & Section 112(j) rule Section 112(j) applicability Section 112(j) requirements Regulating boilers in Region 4 Questions and Answers ?. Plywood MACT Vacatur. Court Mandate issued October 4, 2007

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MACT Vacaturs & Section 112(j)

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  1. MACT Vacaturs & Section 112(j) • Plywood MACT Vacatur • Boiler MACT Vacatur & Section 112(j) rule • Section 112(j) applicability • Section 112(j) requirements • Regulating boilers in Region 4 • Questions and Answers ?

  2. 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 ?

  3. 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

  4. Section 112(j) Applicability • 40 CFR 63.50(a)(2)(i) • 112(j) applies to sources in source categories which EPA failed topromulgate 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

  5. 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

  6. Regulating Boilers in Region 4

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