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Former Administrator Leavitt Signs First Performance Track Rule

Administrator Leavitt Signs First Performance Track Rule Please click on the photo to read the Federal Register notice.

EPA is making changes to its regulatory programs by offering various benefits to facilities that voluntarily participate in the Performance Track program. Performance Track members' history of strong compliance, commitment to measurable improvement, and effectiveness in environmental management distinguishes them from other regulated facilities, and EPA believes they should be eligible for special benefits. In recognition of these efforts, former EPA Administrator Mike Leavitt signed the first Performance Track Rule on April 14, 2004. This new rule grants member facilities increased procedural flexibility and reduced administrative burden.

Originally proposed in August 2002, the first Performance Track rule reduces the frequency of reports required under the Maximum Achievable Control Technology (MACT) provisions of the Clean Air Act (CAA). Through this benefit, EPA reduces the frequency of MACT reporting for all Performance Track facilities to which these requirements apply. The rule also permits alternative, and streamlined, reporting requirements for Performance Track facilities that achieve MACT or better emission levels. In addition, the rule extends on-site storage times for hazardous wastes in certain types of units as mandated by the Resource Conservation and Recovery Act (RCRA). Specifically, this provision allows large quantity hazardous waste generator members of Performance Track up to 180 days (and 270 days if the waste is transported 200 miles or more) to accumulate hazardous waste without a RCRA permit or interim status, provided that these generators meet certain conditions.

Finally, provisions in the rule allow Performance Track members to save time and money, enabling participants to focus their efforts on innovation and continuous improvement. Current estimates indicate the rule will save eligible facilities about $707,000 over the next three years.

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