Thursday, May 24, 2012

National Emission Standards for Hazardous Air Pollutants (NESHAP) For Off-Site Waste and Recovery Operations

EPA has announced it will perform risk and technology review for National Emission Standards for Hazardous Air Pollutants (NESHAP) from Off-Site Waste and Recovery Operations. EPA is subject to a consent decree requiring proposal of this revised NESHAP by 10/31/2012, and promulgation by November 2013

Clean Air Act (CAA) sections 112(f)(2) and 112(d)(6) require EPA to conduct residual risk and technology reviews. Under the "technology review" provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. As part of this NESHAP revision, EPA will also remove startup, shutdown, and malfunction exemptions as required by recent court decisions.

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