On December 2, 2011, the Environmental Protection Agency (EPA) issued proposed revisions to the Boiler Maximum Achievable Control Technology (MACT) rules that were issued earlier this year.
Proposed changes limit the number of facilities that will need to meet the emissions standards. In addition, they replace emissions limits with work practice standards in some cases. The rules are changing for major and area sources of air toxic emissions, as well as solid waste incinerators. The EPA is also proposing changes to the list of non-hazardous secondary materials.
In separate statements both the American Forest and Paper Association (AF&PA) and the Biomass Power Association (BPA) expressed appreciation that the EPA was reconsidering the rules while at the same time acknowledging that the complexity of the rules will require further study before the implications for their respective industries will be known.
In a statement released by the AF&PA, President and CEO Donna Harman said, “The Boiler MACT rules are among the most complex MACT standards developed. We are committed to thoroughly reviewing the changes put forth by EPA today to assess the affordability and achievability of the proposal. We appreciate EPA undertaking the reconsideration process for these rules. EPA’s reconsideration is an important step toward writing a more reasonable set of regulations after being forced by the courts to finalize rules in March, which the agency itself recognized as flawed." Read the full press release.
In her article in Biomass Power and Thermal, Anna Austin reports that "Bob Cleaves, president of the Biomass Power Association, said that while the new boiler MACT rules are complicated and still under through review by the BPA, it’s important to note that the biomass industry appreciates the EPA having taken a step back to make what the association believes are important changes in the rules that govern its industry. . . . [T]he association’s initial take on what the EPA has done is generally positive." (Read Austin's article, "EPA Proposes MACT Revisions.")
I'll cover the regulations more thoroughly in the next week or so. Until then, you can find the documents I'll be reviewing at the EPA's website.
EPA will accept public comment on these standards for 60 days following publication in the Federal Register. EPA intends to finalize the reconsideration in Spring 2012. The agency will accept comment on the proposals for 60 days after publication in the Federal Register.
Comments, identified by Docket ID Number EPA-HQ-OAR-2002-0058 (boiler major) EPA-HQ-OAR-2008-0790 (boiler area), Number EPAHQ-OAR-2003-0119 (CISWI) may be submitted by one of the following methods:
- www.regulations.gov: follow the on-line instructions for submitting comments.
- E-mail: Comments may be sent by electronic mail (e-mail) to a-and-r-Docket@epa.gov.
- Fax: Fax your comments to: (202) 566-9744.
- Mail: Send your comments to: Air and Radiation Docket and Information Center,Environmental Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Ave., NW, Washington, DC 20460.
- Hand Delivery or Courier: Deliver your comments to: EPA Docket Center, 1301Constitution Ave., NW, Room 3334, Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information.
Comments
W. Randall Rawson
12-05-2011
There appears to be nothing in the 12.02.11 EPA NESHAP Industrial, Commercial, Institutional (ICI) Boiler MACT proposals that existing state-of-the-art boiler, combustion, and controls technologies and equipment, in combination with innovatively-engineered applications, cannot handle in a timely and cost-effective manner. In other words, from the perspective of the boiler design and fabrication industry, it looks like EPA is proposing reasonable, pragmatic, cost-conscious air quality rules that are achievable by real world boilers, and EPA should be commended in its efforts to listen to and to be responsive to those affected by these rules. When compared with earlier incarnations, the rules EPA proposed on 12.02.11 seemingly decrease the prospective cost of compliance in many areas while at the same time increasing overall potential health benefits. Those in the business of making real-world boiler systems would hope that EPA’s recent proposals – in response to newly-supplied industry data and thousands of public comments—will discourage any further consideration by Congress of now-unnecessary and arbitrary delays in the ongoing rulemaking process. Not only has EPA provided far more flexibility in how the Boiler MACT rules can be interpreted and implemented, EPA is providing yet another 60 days for even more public review, additional comments, and for possible tweaking of any remaining problem areas. Lengthy, ill-advised additional delays over and above those already contemplated by EPA will produce only on-going market uncertainty and will yield no new jobs, no economic growth and no cleaner air or any cheaper ultimate compliance options than are now feasible and readily available from the boiler and combustion equipment related industries. Congress needs to back off and let the process they themselves designed and mandated be followed go forward.
Comments
New Boiler MACT Rule Proposed—Changes and Next Ste
12-15-2011
[...] will begin. (For details on commenting and the links to the text of the proposed rule, see “EPA Issues Revisions to Boiler MACT Rules.”) The EPA has been in retreat lately, due to increased political pressure, so there may be more [...]
Suz-Anne Kinney
Forest2Market: July 14, 2023
