- WEB EXCLUSIVE
- PE COFFEEHAUS
The Oct. 29, 2009 National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources includes a new provision requiring any major source that had installed a control device on a chemical manufacturing process unit after Nov. 15, 1990, and, as a result, became an area source under CFR 40 part 63, obtain a title V permit. Last February, the American Chemistry Council and the Society of Chemical Manufacturers and Affiliates sought reconsideration of six provisions in the final rule, including the provision requiring certain sources to obtain a title V permit. The agency told the petitioners that it would reconsider, but hadn't yet stayed the requirement. The chemical industry wrote a letter asking for the stay on Oct. 28, and received it.
At issue is the industry's fear that under one interpretation of the EPA's regulations, existing sources must file title V permit applications. Petitioners maintained that "it would be unreasonable and inequitable to require facilities to prepare and submit title V applications at the same time that EPA is reconsidering the requirement to obtain a title V permit."
The EPA explained that the industry didn't have a chance to comment on that provision, and that they chose to stay its implementation both because of that, and because the substantive requirement could change as a result of this reconsideration process. The agency will take the time to reconsider whether the affected sources noted above should be subject to title V, or whether they should be exempt from title V requirements.
The agency noted its reasoning in the Federal Register notice: "Because we cannot pre-judge the outcome of the reconsideration process, we think a limited stay during the duration of the administrative reconsideration process is appropriate so that sources are not incurring the cost associated with applying for a title V permit in advance of our final decision on the issue."
SOURCE: Federal Register