The effect of the proposed use of any credible evidence to determine compliance on utilities
- Trinity Consultants Inc., Overland Park, KS (United States)
- IES Utilities Inc., Cedar Rapids, IA (United States)
Reference test methods are the only means currently available to determine compliance with air quality emission standards. All parties involved acknowledge that this excludes the use of data from continuous monitoring systems (CMS) to determine compliance with many air quality regulations. However, the United States Environmental Protection Agency (USEPA) is proposing to finalize portions of the 1993 Enhanced Monitoring (EM) rule that would allow the use of any credible evidence (ACE) to determine compliance with air emission limitations (including CMS data). This position has been taken by the USEPA in spite of strenuous objections that the 1993 rule has been subsequently replaced with the more relevant 1995 Compliance Assurance Monitoring (CAM) rule. The use of ACE to determine compliance will have a significant impact on utilities due to the large number and type of air quality regulations that affect utilities; specifically, subparts D and Da of the New Source Performance Standards (NSPS) and regulations implementing Title IV (the Acid Rain Program) of the Clean Air Act (CAA) which require the use of CMS. These monitoring systems produce large amounts of emission data that are submitted to the USEPA, State, and/or local regulators agencies and, once submitted, become public record. Any interested party, either the regulator or the public, can use the data to show non-compliance with applicable standards; therefore, the use of ACE to determine compliance will substantially increase a utility`s liability. This paper discusses: (1) the regulatory history behind what data can be considered in determining compliance, (2) the potential implications of the ACE rule on utilities, and (3) the potential implications of the ACE rule on the development of a compliance demonstration plan for the Title V operating permit.
- OSTI ID:
- 617853
- Report Number(s):
- CONF-970145-; TRN: 98:002057-0022
- Resource Relation:
- Conference: 2. joint conference on acid rain and electric utilities, Scottsdale, AZ (United States), 20-22 Jan 1997; Other Information: PBD: 1997; Related Information: Is Part Of Acid rain & electric utilities II; PB: 1047 p.
- Country of Publication:
- United States
- Language:
- English
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