EPA Finalizes New Source MATS Reconsideration

On March 28, 2013, EPA finalized its long-awaited new source MATS reconsideration. EPA adjusted the emission limits applicable to new EGUs exactly as proposed. The revised emission limits for new EGUs designed for coal greater than or equal to 8,300 Btu/lb are as follows:

Although EPA proposed to revise the MATS and Utility NSPS startup and shutdown work practice standards, EPA chose not to take final action on the startup and shutdown provisions because the Agency "needs additional time to consider and evaluate the data and comments provided." EPA did not provide a timeframe for revising the startup and shutdown work practice standards, although the Agency stated it "intends to act promptly to address these issues."  

In a surprising move, EPA revised the new source filterable PM provisions in both MATS and the Utility NSPS to remove quarterly stack testing as a compliance options for new EGUs.  EPA is now requiring new sources to demonstrate compliance with the filterable PM emission limits using PM CEMS or PM CPMS. The final rule also contains a number of changes to the PM CPMS provisions applicable to new sources, including a rebuttable presumption of a violation where PM CPMS exceedances lead to more than 4 required emissions tests in a 12-month period. In addition, EPA corrected the Utility NSPS change the erroneous "0.030 lb/MMBtu" in 40 CFR § 60.42Da(a) to the correct "0.03 lb/MMBtu," which had inadvertently been changed in EPA's February 16, 2012 final rule.

This entry has been created for information and planning purposes. It is not intended to be, nor should it be substituted for, legal advice, which turns on specific facts.