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Updates

On May 6, 2005, the EPA issued a final rule amending the transportation conformity rule contained in the new PM2.5 National Ambient Air Quality Standard (NAAQS) that was effective April 5, 2005. The amendments identify Nitrogen Oxides (NOx), Volatile Organic Compounds (VOCs), Sulfur Dioxide (SO2), and Ammonia NH3, as precursors of PM2.5 that must be considered in conformity demonstrations with the new NAAQS standard. The Federal Register notice of the final rule can be seen here.

On May 2, 2005, Steve Johnson was sworn in as the new administrator of the Environmental Protection Agency. Mr. Johnson has been the acting Administrator since January 26, of 2005. Read his message to EPA employees upon his being sworn in here.

The newly designated PM2.5 nonattainment areas became effective on April 5, 2005. All air permit applications that are submitted in nonattainment areas must now address PM2.5 emissions increases. If any PM2.5 increases are greater than 15 tons per year, the facility must address LAER control technology and obtain emission offsets. The major source threshold will now be 100 tons per year in nonattainment areas and the significance level will be 15 tons per year. In attainment areas, 15 tons per year will be the significance level triggering PSD permitting. For an EPA guidance memo, please click here.

On March 25, 2005, the EPA proposed exempting five categories of sources from the federal Title V permitting program. The five types of sources are: (1) dry cleaners, (2) halogenated solvent degreasers, (3) chrome electroplaters, (4) ethylene oxide sterilizers, and (5) secondary aluminum smelters. Each of these source categories will continue to be regulated by the NESHAP standards. The federal register entry for the proposed regulation can be seen here.

On March 15, 2005, the EPA issued a final rule creating the first ever cap and trade rule for mercury emissions from coal-fired power plants. The rule will cap Mercury emissions at 38 tons per year in 2010, and is reduced to 15 tons per year by 2018. More information can be found here.

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