Turn to the nation's most objective and informative daily environmental news resource to learn how the United States and key players around the world are responding to the environmental...
Key Development: EPA proposes forgoing reviews of new source performance standards in certain circumstances, including when no new or modified sources are expected in the next eight years.
Potential Impact: EPA has identified 14 source categories that would not be subject to reviews.
Next Step: Comments are due Nov. 23.
The Environmental Protection Agency is proposing to change the way it conducts its eight-year reviews of new source performance standards, aiming to comply with an executive order intended to improve the regulatory system.
Under the proposal, EPA would forgo reviews of the standards if it finds the current level of control is appropriate, no new or modified sources are expected in the next eight years, or more stringent Clean Air Act standards exist for the sources, according to a Federal Register notice to be published Oct. 24.
EPA identified 14 source categories that would not be subject to reviews based on the three criteria, including primary zinc smelters and magnetic tape coating facilities, although the agency said the review process would not change for the vast majority of sources.
New source performance standards are technology-based standards issued under Section 111 of the Clean Air Act that apply when a new source is constructed or an existing source is modified.
The law requires EPA to review the standards every eight years and revise them if necessary, although it says a review may not be “appropriate in light of readily available information on the efficacy of such standard.”
EPA will accept comments on the advance notice of proposed rulemaking through Nov. 23.
“[T]his proposed approach will provide a streamlined process to ensure that public and private resources are focused on the rules that provide the greatest public health protection and are most likely to warrant revision to include current technology and eliminate obsolete or unnecessary requirements,” EPA said in the Federal Register notice.
The rulemaking addresses Executive Order No. 13,563, “Improving Regulation and Regulatory Review,” which President Obama issued Jan. 18.
The executive order requires an agency to “periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.”
EPA identified three criteria that, if they exist for a source, would mean a review is unnecessary.
First, a review would not be appropriate if information about control technology suggests the review would not lead to more stringent emissions limits, a greater level of control, or environmental and health benefits.
Second, EPA would forgo a review if it does not anticipate any sources in a category would be modified or newly constructed in the next eight years.
Third, no review would be conducted if the agency determines there is another air pollution regulatory program under the Clean Air Act—such as national emissions standards for hazardous air pollutants—that is applicable to the same pollutants or surrogates from the same sources. The other program would have to be at least as stringent as the new source performance standards (NSPS).
“The intent of this criterion is to avoid reviewing NSPS to adopt more stringent emission limitations that are already being achieved by another regulation, and, thus, providing no or limited actual additional health and welfare benefit while redirecting resources from revision of standards where there are potential significant emission decreases,” EPA said.
Even if one or more of the criteria are met, a review still may be appropriate under certain circumstances, EPA said. For example, a review may be necessary if environmental justice concerns exist.
Comments may be filed at http://www.regulations.gov under Docket No. EPA-HQ-OAR-2010-0223.
For more information from EPA, contact Janice Godfrey in the Policy and Strategies Group of the Office of Air Quality Planning and Standards at (919) 541-3391 or firstname.lastname@example.org.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)