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Hot Topic Archives

SPCC Update Deadlines Extended (August 2004)
Utility MACT (August 2004)
Risk Management Plans—Updates Due (spring–summer 2004)
Changes to MACT standard compliance calendar (fall 2003–spring 2004)
Stormwater BMPs (winter 2002–summer 2003)
Changes to Minnesota air quality rules (spring 2002–fall 2002)


Sierra Club/EPA Agreement Changes MACT Standard Compliance Calendar

updated October 30, 2003

The United States Environmental Protection Agency and the Sierra Club have agreed to a legal settlement* that could require many industrial facilities to develop case-by-case MACT (maximum achievable control technology) standards on a staged schedule (see Table 1, below). The agreement-driven amendment promulgated by the EPA on May 8, 2003, creates the following MACT Hammer Part 2 application submittal categories. If the EPA succeeds in promulgating the MACT standards prior to the category deadlines, a Part II application will no longer required.

For the whole story, read the summary Barr has prepared for our clients. You can also access the EPA’s MACT information at http://www.epa.gov/ttn/atw/eparules.html.

*Note that on June 10, 2003, the Sierra Club notified the Department of Justice of its intent to request that the agreement be vacated, thereby reinstating the original MACT Hammer provisions. On October 8, 2003, the United States Court of Appeals for the D.C. Circuit denied the Club's petition.


Table 1: MACT Hammer Part 2 Application Due Dates

(Federal Register, Vol. 68, 32586; May 30, 2003)


October 30, 2003
 
  • Combustion Turbines—final signed 08/29/03
  • Lime Manufacturing—final signed 08/25/03
  • Site Remediation—final signed 10/08/03
  • Iron and Steel Foundries—final signed 08/29/03
  • Taconite Iron Ore Processing—final signed 08/25/03
  • Miscellaneous Organic Chemical Manufacturing (see Table 2 for 23 subcategories)—final signed 08/25/03
  • Organic Liquids Distribution—final signed 08/25/03
  • Primary Magnesium Refining—final signed 10/10/03
  • Metal Can (Surface Coating)—final signed 08/29/03
  • Plastic Parts and Products (Surface Coating)—final signed 08/29/03
  • Mercury-Cell Chlor-Alkali Plants—final signed 08/29/03
  • Miscellaneous Metal Parts and Products (Surface Coating) (and Asphalt/Coal Tar Application—Metal Pipes)—final signed 08/20/03

April 28, 2004
 
  • Industrial Boilers, Institutional/Commercial Boilers, and Process Heaters (that burn no hazardous waste)—proposed 01/13/03
  • Plywood and Composite Wood Products—proposed 01/09/03
  • Reciprocating Internal Combustion Engines—proposed 12/19/02
  • Auto and Light-Duty Truck (Surface Coating)—proposed 11/26/02

August 13, 2005
 
  • Industrial Boilers, Institutional/ Commercial Boilers, and Process Heaters (that burn hazardous waste)—Proposed 01/13/03
  • Hydrochloric Acid Production—Proposed 09/18/01


Table 2: MON Source Subcategories (10/30/03 due date; final signed 08/20/03)

  • Manufacture of Paints, Coatings, and Adhesives
  • Alkyd Resins Production
  • Maleic Anhydride Copolymers Production
  • Polyester Resins ProductionPolymerized Vinylidene Chloride Production
  • Polymethyl Methacrylate Resins Production
  • Polyvinyl Acetate Emulsions Production
  • Polyvinyl Alcohol Production
  • Polyvinyl Butyral Production
  • Ammonium Sulfate Production-Caprolactam By-Product Plants
  • Quaternary Ammonium Compounds Production
  • Benzyltrimethylammonium Chloride Production
  • Carbonyl Sulfide Production
  • Chelating Agents Production
  • Chlorinated Paraffins Production
  • Ethylidene Norbornene Production
  • Explosives Production
  • Hydrazine Production
  • OBPA/1,3-Diisocyanate Production
  • Photographic Chemicals Production
  • Phthalate Plasticizers Production
  • Rubber Chemicals Manufacturing
  • Symmetrical Tetrachloropyridine Production


May 15, 2003

Note: On March 3, 2003, the EPA announced the signing of final rules for all of the May 15 category industries. Part 2 applications will not be required for this category.

 
  • Municipal Solid Waste Landfills
  • Flexible Polyurethane Foam Fabrication Operations
  • Coke Ovens: Pushing, Quenching, and Battery Stacks
  • Reinforced Plastic Composites Production
  • Semiconductor Manufacturing
  • Refractories Manufacturing
  • Brick and Structural Clay Products Manufacturing and Clay Ceramics Manufacturing
  • Asphalt Roofing Manufacturing and Asphalt Processing
  • Integrated Iron and Steel Manufacturing
  • Hydrochloric Acid Production and Fumed Silica
  • Engine Test and Rocket Testing Facilities
  • Metal Furniture (Surface Coating)
  • Printing, Coating, and Dyeing of Fabrics
  • Wood Building Products (Surface Coating)
 


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