New Source Performance Standards (NSPS)Applicability of Standards of Performance for Coal Preparation Plants to Coal Unloading Operations

EPA issued an interpretation of the New Source Performance Standards (NSPS) for Coal Preparation Plants, 40 CFR part 60, subpart Y, on October 3, 1997, in response to an inquiry from the Honorable Barbara Cubin, United States House of Representatives. After a careful review of NSPS Subpart Y, the relevant regulations under Title V of the Clean Air Act, and associated documents, EPA issued an interpretation concluding that coal unloading that involves conveying coal to coal plant machinery is subject to the NSPS, and that fugitive emissions, if any, from coal dumping must be included in a determination of whether a coal preparation plant is a major source subject to Title V permitting requirements. The full text of the interpretation appears in the SUPPLEMENTARY INFORMATION section of today's document.