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Technology Transfer Network - OAR Policy and Guidance

OAR Policy and Guidance Metarecord

Document Title/Subject:
Release of Interim Policy on Federal Enforceability of Limitations on Potential to Emit (PTE)
Related Documents:
1/25/95 memo from Seitz and VanHuevelen
Signed by: John Seitz and Robert VanHuevelen

Signature Date: January 22, 1996

Tim Smith, Information Transfer & Program Integration Division, OAQPS



Regulatory Authority:
Title 5
Information Transfer and Program Integration Division (OAQPS)
Submitted By:
Document Type:
Policy & Guidance Memos
EPA Document Number:

Federal Register:
Subject Category:
Compliance and Enforcement
Operating Permits
Compliance assistance
Maximum Achievable Control Technology Emission Standards
Potential to Emit
Air pollutants
Clean Air Act
Federal government
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:
ยง112-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.
(13 pages)

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