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®: CRE Regulatory Action of the Week

EPA Extends Comment Period on Major Air Rules

On October 18, 2007, the U. S. Environmental Protection Agency extended the public comment period on two major actions under the Clean Air Act.

In the first action, EPA extended until January 14, 2008, the comment period on its proposed Flexible Air Permitting Rule amendments for the Prevention of Significant Deterioration and Nonattainment New Source Review programs. The stated purpose of these proposed permitting changes is to increase flexibility

“through advance approvals under NSR and alternative operating scenarios (AOSs). The proposed revisions clarify how this can often be done in the existing regulatory framework of the operating permit programs. The proposed revisions also add major NSR requirements for Green Groups, which allow future changes to occur within a group of emissions activities, provided that they are ducted to a common air pollution control device which is determined to meet ‘best available control technology’ (BACT) or ‘lowest achievable emission rate’ (LAER), as applicable and that they are determined to comply with all relevant ambient requirements.”

In the second action, EPA extended until November 27, 2007, the comment period on its “NESHAP: National Emission Standards for Hazardous Waste Combustors; Solicitation of Comment on Legal Analysis.” EPA’s Legal Analysis responds to several court orders and opinions by the United States Court of Appeals for the District of Columbia Circuit which, in EPA’s words, “call into question the legality of some of the standards for hazardous waste combustors.”

  • Click here for Flexible Permitting notice
  • Click here for Legal Analysis notice