Pennsylvania Expected to Request “Case-by-Case” Boiler MACT Applications

In the August 29, 2009 Pennsylvania Bulletin, the Pennsylvania Department of Environmental Protection (PADEP) is expected to provide notice that “case-by case” Maximum Achievable Control Technology (MACT) applications will be required to be submitted by facilities that were subject to 40 CFR Part 63, Subpart DDDDD – National Emission Standard for Hazardous Air Pollutants for Industrial, Commercial and Institutional Boilers and Process Heaters (Boilers Rule). The U.S. Court of Appeals for the District of Columbia Circuit vacated and remanded the Boilers Ruleon July 30, 2007.  If the notice is published as expected, affected facilities will be required to submit applications to PADEP in accordance with the Clean Air Act (CAA) Section 112(j) MACT “hammer” implementation regulations in Subpart B of 40 CFR Part 63.  Under these regulations, affected sources would be required to submit Part 1 and Part 2 permit applications to PADEP for case-by-case MACT determinations for all units in the affected source category.  Part 1 applications are generally due within 30 days of a permitting agency’s call for applications.  Part 2 applications are due 60 days following the Part 1 application deadline.