January 22, 2014: The Natural Resource Board agenda includes requests for adoption of two rule packages regarding air management rules.
The first rule package covers changes made to the control of mercury emitted by coal-fired electric generating units (EGUs). The rule proposes to extend the compliance date for the second, more stringent state mercury rule requirement from January 1, 2015 to April 16, 2016. The proposed rule will also change several dates for initial monitoring and compliance reporting requirements in order to be consistent with the revised compliance date. April 16, 2016 was chosen as the new compliance date in order to accommodate a potential one year extension to MATS rule emission limitations as allowed under the Clean Air Act based on need. Without allowing for this full year period, EGUs granted an extension to the MATS rule will still be subject to the second state rule mercury control requirement.
The main focus of the second rule package is to correct deficiencies identified by the U.S. EPA. These corrections are necessary to ensure that the Department implements its major new source review permit programs consistent with the Clean Air Act and U.S. EPA requirements. These deficiencies have resulted in disapproval of portions of the state implementation plan and could result in the issuance of a federal implementation plan by the U.S. EPA if not corrected. The rule also proposing to make changes relating to the former indirect source program.