News

March 08, 2011

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR CHEMICAL MANUFACTURING AREA SOURCES - STAY FOR TITLE V PERMIT APPLI

FACT SHEET

ACTION
• On December 14, 2010, the Environmental Protection Agency (EPA) stayed, for 90 days, the
requirement for certain chemical manufacturing facilities to obtain an operating permit under
title V of the Clean Air Act.
• On March 8, 2011, EPA extended the stay, because we did not want companies to incur the
expense of filing a title V permit while we were reconsidering whether such a permit was
necessary. The EPA has initiated a reconsideration process for several provisions of the
2009 Chemical Manufacturing Area Source rule, including the provision requiring certain
sources to obtain a title V permit. Because we believe that the reconsideration process will
not be completed within 90 days, we are staying the provision requiring certain sources to
obtain a title V permit until the final reconsideration rule is published in the Federal Register.
• EPA published the final “National Emission Standards for Hazardous Air Pollutants for
Chemical Manufacturing Area Sources” on October 29, 2009. Included in the final rule was
a new provision requiring any source that was a major source and installed a control device
on a chemical manufacturing process unit after November 15, 1990, and, as a result, became
an area source under CFR 40 part 63, to apply for and operate pursuant to a title V permit
under 40 CFR part 70 or 40 CFR part 71.
• On February 12, 2010, the American Chemistry Council and the Society of Chemical
Manufacturers and Affiliates (collectively referred to as “Petitioners”) sought reconsideration
of six provisions in the final rule, including the provision requiring certain sources to obtain a
title V permit.
• On June 15, 2010, EPA notified Petitioners that the Agency intended to initiate the
reconsideration process for several provisions of the final rule, including the provision
requiring certain sources to apply for and operate pursuant to a title V permit.
• On October 28, 2010, Petitioners requested a stay for title V permit applications pending
completion of the reconsideration process.
FOR MORE INFORMATION
• To download a copy of the actions from EPA’s website, go to Recent Actions at the
following address: http://www.epa.gov/ttn/oarpg/new.html.
• This action and other background information is available either electronically at
http://www.regulations.gov, EPA’s electronic public docket and comment system, or in
2
hardcopy at the EPA Docket Center’s Public Reading Room.

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