March 01, 2024
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
The United States Environmental Protection Agency (“EPA”) published in the January 25th Federal Register an announcement regarding appliable alternative test method approval decisions that the federal agency recently approved under the Clean Air Act. See 89 Fed. Reg. 4942.
The applicable alternative test methods that EPA approved in 2023 were under the following programs:
- Clean Air Act New Source Performance Standards (“NSPS”)
- National Emission Standards for Hazardous Air Pollutants (“NESHAP”)
Approvals took place between January 1, 2023, and December 31, 2023.
Source owners and operators are allowed to use what are described as “broadly applicable alternative test methods” instead of test methods or related testing procedures required by the applicable NSPS or NESHAP.
EPA is provided the regulatory authority to approve alternative test methods if they meet certain criteria. The agency will typically announce approval of an alternative test method at some point after it is issued.
Note that utilization of an alternative test method is not mandatory (i.e., it is permissive).
The approved alternative test methods and modifications to test methods are found in Table 1 in the preamble to the Federal Register Notice.
A copy of the Federal Register Notice can be downloaded here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.