OAR Policy and Guidance Metarecord
Release of Interim Policy on Federal Enforceability of Limitations on Potential to Emit (PTE)
1/25/95 memo from Seitz and VanHuevelen
|Signed by: John Seitz and Robert VanHuevelen
Signature Date: January 22, 1996
Information Transfer and Program Integration Division (OAQPS)
Policy & Guidance Memos
EPA Document Number:
Compliance and Enforcement
Maximum Achievable Control Technology Emission Standards
Potential to Emit
Clean Air Act
A 1/22/96 memo from John Seitz and Robert Van Huevelen to EPA Regional Offices. Two court decisions (National Mining Association v. EPA and Chemical Manufacturers Association v. EPA) affect EPA regulations requiring federal enforceability of limitations on a source's potential to emit (PTE). The effects on various rules and policies are:
§112-The current Part 63 regulations, requiring federal enforceability, remain in effect because the court did not vacate the rule.
Title V-Neither court case addressed the Title V regulations, although industry challenges are pending. EPA is asking the court to leave Part 70 in place as the rulemaking amendments are being developed. [See 8/27/96 follow-up memo which addresses Title V court decision.]
PSD/NSR-The court vacated the rules, so the requirements in the nationwide rules concerning federal enforceability are not in effect. In many cases, however, individual State rules implementing these programs have been individually approved in the State implementation plan (SIP). The court did not vacate any requirements for federal enforceability in these individual State rules, and these requirements remain in place. The main impact of this decision will likely be for existing major sources seeking to avoid review by demonstrating a net emissions decrease.
1/25/95 Transition Policy-The transition policy remains in effect with one change. For sources emitting more than 50% of the major source threshold, and holding State-enforceable limits, EPA is no longer requiring that the source submit a certification to EPA.