Energy Law Update: EPA Adopts Stricter Rules for Coal Preparation and Processing Plants
The United States Environmental Protection Agency (EPA) has adopted a
final rule regarding coal preparation and processing plants after receiving and reviewing comments to its April 2008 and June 2009 proposed amendments. This final rule expands applicability of the existing New Source Performance Standards (NSPS) to more coal processing and cleaning equipment than was previously regulated, establishes work practice standards for open storage piles, and specifies monitoring and reporting standards for owners/operators of coal preparation and processing plants.
The final rule adopts almost all of the amendments proposed in June 2009 as discussed in
Energy Law Update: EPA Proposes Action, except that the final rule included minor revisions to the emission testing and monitoring requirements in affected facilities. Additionally, the final rule was changed slightly from the proposed amendments in an attempt to make the changes to existing standards for opacity testing and monitoring requirements somewhat less burdensome than they would have been under the proposed amendments.
J. Kevin Ellis
United Center
1085 Van Voorhis Rd.
Suite 400
Morgantown, WV 26507
304-598-8168
kevin.ellis@steptoe-johnson
This alert is a periodic publication of Steptoe & Johnson PLLC and should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The content is intended for general information purposes only, and you are urged to consult your own lawyer concerning your own situation and any specific legal questions that you may have. For further information about these contents, please contact Steptoe & Johnson PLLC.