Federal No Action Assurance for the Prepared Feeds Manufacturing NESHAP
Posted: 10/19/2011
The United States Environmental Protection Agency (EPA) recently issued a No Action Assurance (NAA) letter regarding the air toxics regulations for prepared feeds manufacturing. The regulations at issue are the National Emissions Standards for Hazardous Air Pollutants (NESHAP): Area Source Standards for Prepared Feeds Manufacturing found at 40 C.F.R. Part 63, Subpart DDDDDDD. This rule requires, among other things, that large prepared feeds facilities with pelleting operations install particulate matter (PM) control devices (cyclones) designed to achieve 95 percent or greater reduction of total PM emissions. Information has been provided to EPA to show existing cyclones used by the industry cannot meet the control efficiency requirement. EPA stated that replacing existing control equipment was not the intention of the rule and plans to change the rule with a direct final amendment in December 2011.

Since the compliance date for this rule is January 5, 2012, and it could take months to finalize the amendment, EPA issued the NAA to exercise its enforcement discretion to allow existing affected sources to continue to operate without demonstrating that their PM controls are designed to achieve a removal efficiency of 95% or more. The NAA is specific to this one requirement and affected sources must comply with all other requirements in the rule. Please see the EPA No Action Assurance document for more details.

The Iowa DNR initially adopted this rule but it was rescinded through Executive Order 72. Re-adopting the rule at this time would result in regulatory uncertainty for affected facilities. Following the EPA amendment, the DNR plans to seek input on re-adopting this NESHAP.

For questions please contact Brian Hutchins at brian.hutchins@dnr.iowa.gov or 515-281-8448.
This list serve article is intended for consultants, industries, environmental groups, general public, and other entities regulated under the Clean Air Act. It was written by the DNR Air Quality Bureau to share regulatory news, program updates and technical guidance.