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Legislation & Rules
March 5, 2007 Federal Register Notice, Comment Period Extended
The submittal deadline for comments regarding EPA's proposal to amend the
Once-In-Always-In provisions of the MACT standard of the 1994 General Provisions
for air toxics rules has been extended until May 4, 2007.
January 3, 2007 Federal Register Notice of Proposed Rule Making This proposed rule would amend the General Provisions of the National
Emission Standards for Hazardous Air Pollutants (NESHAP). These amendments,
supportive of emission reductions and favorable to industry, would replace EPA’s
“once in, always in” (OIAI) policy for MACT Standards. They would permit a major
source to become an area source at any time by limiting its potential to emit
hazardous air pollutants (HAPs). Facilities would need to reduce emissions to
below major source threshold limits of 10 tons per year (tpy) of any single HAP
or 25 tpy of any combination of HAP.
Comments,
Updates & Other Reports
November 2007
The 2008 Interior, Environment and Other Agencies Appropriations Bill, prohibits
EPA from using funds to promulgate or implement the January 3, 2007 proposed
rule. Thus, no further action will be taken on the proposed “once in, always in”
rule.
June
2007 Congress is attempting to derail EPA’s efforts to change the “once in,
always in” requirement under the Clean Air Act. On June 27, 2007, the House
passed
H.R. 2643, the 2008 Appropriations Bill for the Department of Interior,
environment and related agencies. Section 604 of H.R. 2643 contains an
amendment, introduced by Representative Eddie Bernice Johnson (D-TX), that
explicitly prohibits funds to be used to promulgate or implement EPA’s January
3, 2007 proposed rule. According to the Senate Committee on Appropriations, this
provision is not included in the Senate version,
S. 1696.
Both H.R.
2643 and S. 1696 are on the Senate Legislative Calendar for consideration,
though no date has been selected for review on the Senate floor.
May
2007: On May 4, ILTA submitted
comments in
support of the OIAI proposed rule.
March 2007:
The comment period extension suggests the proposal will come under greater
scrutiny. Impetus for this extension came from a series of questions posed by
Rep. John Dingell (D-MI), Chairman of the Committee on Energy and Commerce.
Following Dingell's letter, the Natural Resources Defense Council (NRDC) further
requested an extension of the comment period.
Representative Dingell’s
questions (EPA-HQ-OAR-2004-0094, # 0094-0068.1), and other comments in support
of and in opposition to the proposal, are posted to the EPA docket at:
http://www.regulations.gov/fdmspublic/component/main. Type in
EPA-HQ-OAR-2004-0094 when asked for the “keyword or ID.”
Related
ILTA Articles
ILTA
provides a monthly newsletter to its membership. Members may log in to the
Member Resources page to access archived newsletters. The following is a list of
articles ILTA has published in its newsletter relating to Boutique Fuels.
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EPA Proposes to Change ‘Once In Always In’ Policy for Major Emission Sources,
February 2007 Issue (p.2)
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EPA Proposes to Amend “Once In Always In” Rule.
February 2007 Issue (p.2)
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