EPA Releases Final Utility MACT Rule

Today, EPA released its finalized Utility MACT rule. The final rule is largely the same as proposed, with a few important differences. EPA has finalized emission limits for only filterable PM, whereas the proposed rule set limits on both condensable and filterable PM. Further, the final rule has altered the requirements for averaging Hg emissions across facilities. The final rule also establishes work practice standards during startup and shutdown and no longer requires sources to comply with emission limits during startup and shutdown as proposed. The final rule has also streamlined the recordkeeping and continuous compliance monitoring requirements. In addition, the final rule adds an affirmative defense to civil penalties for exceedances of emission limits caused by malfunctions.