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NACAA Response to EGU MACT Vacatur

NACAA Response to EGU MACT Vacatur. John Paul RAPCA—Dayton, Oh. Background. 1990 CAA Section 112(n) required EPA to study HAPs from EGUs and file a report In December of 2003 EPA published a determination that it was necessary and appropriate to regulate EGUs under Section 112 of the Act

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NACAA Response to EGU MACT Vacatur

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  1. NACAA Response to EGU MACT Vacatur John Paul RAPCA—Dayton, Oh

  2. Background • 1990 CAA Section 112(n) required EPA to study HAPs from EGUs and file a report • In December of 2003 EPA published a determination that it was necessary and appropriate to regulate EGUs under Section 112 of the Act • In 2005 EPA reversed this determination and adopted the Clean Air Mercury Rule (CAMR) under Section 111

  3. Background • A number of states and environmental groups sued EPA over these rules claiming EPA failed to follow Section 112(c)(9) in its delisting • On February 8, 2008, the DC Circuit struck down CAMR in its entirety (vacatur) • On March 14, 2008 the Court issued its mandate

  4. Consequences of the Vacatur • EPA and UARG have appealed the ruling • Section 112(g) of the ACT applies • Case-by-case MACT analysis for all HAPs emitted in significant amounts for any new or modified EGU • Part 75 CEM rule also vacated

  5. NACAA Survey • What is your state’s plan with regard to the control of mercury from coal-fired utility boilers? • What is your state’s plan with regard to the Part 75 mercury CEM rule that also has been vacated? • What can NACAA provide to help you with your state plan?

  6. Early Survey Results • Predictable that states with more stringent rules are planning to keep them • States that had adopted the federal rule will wait for EPA to respond to the mandate • Nearly all states were counting on the Part 75 monitoring rule

  7. What do States want from NACAA? • Continued monthly calls • Communication with EPA on Part 75—try to find a way to save this part of the rule • Emissions and control data to help with 112(g) determinations • Work with EPA on MACT rule at the appropriate time

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