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PA CLEAN AIR ACT CREDIBLE EVIDENCE RULE FINALIZED

Release Date: 02/18/97
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PA CLEAN AIR ACT CREDIBLE EVIDENCE RULE FINALIZED

FOR RELEASE: TUESDAY, FEBRUARY 18, 1997

CLEAN AIR ACT CREDIBLE EVIDENCE RULE FINALIZED

EPA on Feb. 13, issued a final rule which eliminates ambiguity as to the type of information that can be used to determine whether a facility is in compliance with the Clean Air Act (CAA). The "credible evidence" rule clarifies EPA's existing authority under the CAA by allowing any "credible" data, such as continuous emissions monitoring data, parametric data, engineering analyses, witness testimony or other information, to be used as evidence to determine whether a facility is violating emission standards. The rule does not alter current emission standards, create any new monitoring or reporting requirements, or change the compliance obligations for industry. Previously, the Agency usually used reference test methods -- specific procedures for measuring emissions from facility stacks -- to determine compliance. The rule makes it explicit that regulated sources, EPA, states and citizens all can use non-reference test data to certify compliance or allege non-compliance with CAA permits, provided that the information is comparable with information generated by those reference tests. In some instances, this will be less expensive than using reference tests. The rule will be published in the Federal Register soon. An electronic copy of the rule and preamble is available through the Internet at: www.epa.gov/oecaerth. For more information, contact Bruce Buckheit at 202-564-2265 or Charles Garlow at 202-564-1088.

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