EPA Publishes Final Boiler MACT And Other Rules - Compliance Dates Set

On January 31, 2013, U.S. EPA published the final Boiler MACT in the Federal Register. This sets the existing source compliance date as January 31, 2016. The Boiler Area Source NESHAP was published in the Federal Register the next day, on February 1. The CISWI NSPS and NHSM Rule amendments were published on February 7.

Final Boiler MACT: http://www.gpo.gov/fdsys/pkg/FR-2013-01-31/pdf/2012-31646.pdf
Final Area Source NESHAP Amendments: http://www.gpo.gov/fdsys/pkg/FR-2013-02-01/pdf/2012-31645.pdf
Final CISWI NSPS and NHSM Rule Amendments: http://www.gpo.gov/fdsys/pkg/FR-2013-02-07/pdf/2012-31632.pdf

Here are some interesting findings from these rules:

Boiler MACT

• Retains new source date of June 4, 2010.
• Alternative limits are an option for new boilers installed after June 4, 2010 and before the Federal Register publication date (the effective date).
• Work practice requirements retained for natural gas-fired boilers.
• Emissions limits for solid fuel, liquid fuel, and certain gas fired boilers - some standards tightened from the December 2011 proposal.
• Existing source compliance date of 3 years after FR publication.

Boiler Area Source NESHAP

• Clarifies that existing dual-fuel boilers that switch from gas fuel to solid or liquid fuel can retain existing source status (and not change to new source status).
• Exempts residential boilers.
• Changes in emissions limits from the existing final rule (for example, mercury limits on coal boilers relaxed).
• Existing source compliance date of March 21, 2014.

Non-Hazardous Secondary Materials (NHSM) Rule

• Revises definitions, including "clean cellulosic biomass", "contaminant", and "resinated wood".
• Revises legitimacy criterion.
• Provides categorical non-waste determinations for scrap tires, resinated wood, coal refuse, and pulp and paper sludges.
• Effective date of 60 days after FR publication.

The rules are expected to be published in the Federal Register in the next few weeks.

Planning for Compliance

Given the potential impact of these regulations, affected facilities should be preparing for compliance by:

• Assessing applicability to boilers, process heaters, and other combustion equipment.
• Preparing initial notifications for subject boilers and process heaters.
• Identifying engineering stack testing necessary to evaluate compliance status for applicable emissions limits.
• Evaluating existing operating and maintenance procedures to determine impacts of new work practice requirements.
• Determining if additional pollution control equipment or alternative combustion technology will be necessary to comply.
• Confirming that the fuels used are considered fuels and not wastes under the NHSM Rule and assessing the need for filing non-waste determinations with U.S. EPA.
• Establishing a plan and schedule to achieve compliance.

The final rules are available here: http://www.epa.gov/airquality/combustion/actions.html

EPS is assisting our clients with addressing these requirements. If you have questions or need assistance with the Boiler MACT or other combustion standards, contact your EPS consultant.