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EPA Publishes Final EGU MACT and NSPS Rules (2/16/12)

On February 16, 2012, EPA’s final rule -- National Emission Standards for Hazardous Air Pollutants (NESHAP) from Coal- and Oil-fired Electric Utility Steam Generating Units (“EGU MACT”) was published in the Federal Register.  Within the same volume, EPA also issued its final rule on revisions to the New Source Performance Standards (NSPS) for Fossil-Fuel-Fired Electric Utility Steam Generating Units (NSPS Subpart Da), Industrial, Commercial, and Institutional Steam Generating Units (NSPS Subpart Db), and Small Industrial, Commercial, and Institutional Steam Generating Units (NSPS Subpart Dc).

While RMB has discovered no discernible differences between the document Administrator Jackson signed on or about December 16, 2011 and the February 16th version appearing in the Federal Register, the significance of the publication date is that the “regulatory clock” has now begun to tick.  For example, the effective date of the EGU MACT rule is 60 days from publication or April 16, 2012.  If an affected unit is unable to obtain any compliance extensions, then the 3-year compliance deadline is April 16, 2015.  Also, Section 307(b)(1) of the Clean Air Act states that any petitions seeking either administrative or judicial review of a final EPA rule must be filed with 60 days after the rule is published in Federal Register.

A copy of the final rulemaking as published in the Federal Register can be found in our FTP library

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Last Revised: February 16, 2016