National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric Utility Steam Generating Units

Docket ID: EPA-HQ-OAR-2009-0234
Agency: Environmental Protection Agency (EPA)
On May 18, 2005 (70 FR 28606) , EPA published a final rule requiring reductions in emissions of mercury from Electric Utility Steam Generating Units. That rule was vacated on February 8, 2008, by the U.S. Court of Appeals for the District of Columbia Circuit. As a result of that vacatur, coal- and oil-fired electric utility steam generating units remain on the list of sources that must be regulated under section 112 of the Clean Air Act (CAA). The Agency will develop standards under CAA section 112(d) which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other CAA section 112(d) rules will be considered in developing this regulation. The rule was proposed on May 3, 2011 (76 FR 24976).Under this action EPA also proposed amendments to the criteria pollutant new source performance standards (NSPS) for utilities. On February 27, 2006, EPA promulgated amendments to the utility NSPS and was subsequently sued by multiple state attorney general offices and environmental organizations. On September 2, 2009, EPA was granted a voluntary remand without vacatur of the 2006 amendments. Combining the two rules is a single action provides interested parties the opportunity to provide comments on the combined requirements of the 2 rules. It also avoids double counting either costs or environmental benefits of the separate rules.
RIN: 2060-AP52
Impacts and Effects: Energy
CFR Citation: 40 CFR 63,40 CFR 60,subpart Da
Priority: Economically Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Fall 2012
Agenda Stage of Rulemaking: Completed Action
Major Rule: Yes
Legal Authorities: Clean Air Act sec 112(d), Clean Air Act sec 111(b)
Legal Deadlines: None
Government Levels Affected: Federal, Local, State, Tribal
Federalism Implications: Yes
Unfunded Mandates: State, Local, Or Tribal Governments, Private Sector
Requires Regulatory Flexibility Analysis: Business
Small Entities Affected: No
International Impacts: No
Energy Effects: Yes
Included in Regulatory Plan: No
ActionDateFR Citation
Notice04/28/201176 FR 23768
NPRM05/03/201176 FR 24976
NPRM Comment Period Extended07/01/201176 FR 38590
Final Rule02/16/201277 FR 9304
Final Rule Effective04/16/2012
Correction04/19/201277 FR 23399
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Short Title: Utility MACT
Keyword(s): Electric Utilities, coal, oil, HAP
Type: Rulemaking
Location: HQ-OAR
Subtype: Section 112 (NESHAP)

Primary Documents

View All  (24)
Comment Period Closed
Jan 15, 2016 11:59 PM ET
Proposed Rule
Posted: 12/01/2015
ID: EPA-HQ-OAR-2009-0234-20497
Comment Period Closed
Apr 03, 2015 11:59 PM ET
Proposed Rule
Posted: 02/17/2015
ID: EPA-HQ-OAR-2009-0234-20463
Comment Period Closed
Dec 19, 2014 11:59 PM ET
Proposed Rule
Posted: 11/19/2014
ID: EPA-HQ-OAR-2009-0234-20449
Comment Period Closed
Aug 26, 2013 11:59 PM ET
Proposed Rule
Posted: 06/25/2013
ID: EPA-HQ-OAR-2009-0234-20377
Comment Period Closed
Jan 07, 2013 11:59 PM ET
Posted: 11/30/2012
ID: EPA-HQ-OAR-2009-0234-20202

Supporting Documents

View All  (3,625)
Comments Not Accepted
Supporting & Related Material
Posted: 08/18/2016
ID: EPA-HQ-OAR-2009-0234-20583
Comments Not Accepted
Supporting & Related Material
Posted: 07/29/2016
ID: EPA-HQ-OAR-2009-0234-20581
Comments Not Accepted
Supporting & Related Material
Posted: 04/25/2016
ID: EPA-HQ-OAR-2009-0234-20570


View All  (16,935)

Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Bill Maxwell
919 541-5430
919 541-5450 (Fax)
D243-01, Research Triangle Park, NC 27711
Research Triangle Park, NC 27711
Robert J Wayland
919 541-1045
919 541-5450 (Fax)
D243-01, Research Triangle Park, NC 27711
Research Triangle Park, NC 27711
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.