More on RACT 2

On Friday, November 7, 2014, the Pennsylvania Air Quality Technical Advisory Committee (AQTAC) voted 11 to 5 to approve the proposed draft final “Additional RACT Requirements for Major Sources of NO_X and VOCs” (RACT 2) regulations for consideration by the Pennsylvania Environmental Quality Board (EQB) for adoption.  The EQB is the government body that adopts all of the regulations developed and proposed by the Pennsylvania Department of Environmental Protection (PADEP).  The proposed RACT 2 regulations came under significant questioning from AQTAC members and several audience participants that had requested to speak at the AQTAC meeting.  

The proposed RACT 2 regulation attracted attention from the regulated community, non-governmental organizations, U.S. EPA, and adjoining states during rule development and during the public comment period.  As expected, PADEP had to consider hundreds of comments that it received on the regulation, including some significant comments from the U.S. EPA Region 3 Office.  The final form regulation presented to AQTAC includes aggressive RACT numeric emission limits where presumptive emission limits are specified.  PADEP felt that the presumptive limits that were finalized were fair and reasonably achievable for most of the affected emission units.  Units that are not able to meet the presumptive limits have a number of compliance options including averaging with their other units or even applying for a “case-by-case” RACT determination by PADEP.

It is interesting to note that no single interested party was thrilled by the final regulations; some felt that the rules were too restrictive while others believed the rules to be too lenient.  As indicated by the margin of approval by the 11 to 5 vote (which is a very high approval ratio for such a contentious regulation) the vast majority felt it was a reasonable regulation when considering the total package.

Stay tuned as ALL4 will be presenting more detailed analysis of some of the more complicated aspects of the final RACT 2 regulations that you really should consider before making your RACT Compliance Plan.  Please contact me at (717) 822-0009 if you have any questions regarding the AQTAC approved RACT 2 regulation.