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EPA Finalizes Changes to the Impact Hammeri Rule

Release Date: 05/09/2003
Contact Information:

David Deegan 202-564-7839/

(05/09/03) EPA has revised two rules contributing to its efforts to reduce national emissions of toxic air pollutants. The first action amends a rule known as the “General Provisions” which establishes a common set of requirements for developing rules or standards to regulate emissions of toxic air pollution. In the second action, EPA is amending its rule known as the “Section 112(j) or MACT Hammer rule.” This rule currently affects over 40 categories of industry for which EPA has yet to issue national air toxics emissions standards. The 1990 Clean Air Act charged EPA with a very large task – in just 10 years the Agency was to issue regulations that would reduce air toxic emissions from over 170 categories of industries. To date, the Agency has issued rules to control emissions of air toxics from 112 of the 154 categories of industries currently listed for control. Sixteen of the original categories have been delisted or are included within other categories. EPA is committed to completing the remaining emissions standards by the deadlines agreed to in a March 2003 settlement agreement with the Sierra Club – all will be completed by June 14, 2005. These amendments include a backstop to insure that emissions reductions will occur by requiring states to set emission limits on a facility-by-facility basis should EPA not be able to finalize the remaining air toxics standards as agreed.