Posts Tagged ‘MACT’

Boiler Area Source MACT Rule not stayed (CIBO commentary)

Tuesday, May 15th, 2012

An excerpt from Council of Industrial Boiler Owners (CIBO) newsletter dated May 10th, 2012:

The Stay – We were very disappointed in the Administration’s decision not to issue a Stay of the Area Source MACT Rule. Any Area Source boiler that has not had their boiler tuned is currently in violation of the law.

While EPA says it will turn their head until the new rule is issued, that does not preclude any environmental group from acting if the opportunity presents itself, or if they don’t particularly like something you are or are not doing. Only a Stay would provide that Safe Harbor.

Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Coke Oven Batteries

Thursday, April 19th, 2012

The affected entities are subject to the General Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes, or additions to the Provisions specified at 40 CFR part 63, subpart L.  Owners or operators of the affected facilities must submit initial notification, performance tests, and periodic reports and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports, at a minimum, are required semiannually.

http://www.gpo.gov/fdsys/pkg/FR-2012-04-17/pdf/2012-9108.pdf

EPA proposed amendments to Primary Aluminum Reduction Plants NESHAP

Tuesday, December 6th, 2011

The EPA is proposing amendments to the national emissions standards for hazardous air pollutants for Primary Aluminum Reduction Plants to address the results of the residual risk and technology review that the EPA is required to conduct by the Clean Air Act. If finalized, these proposed amendments would address previously unregulated emissions (i.e., carbonyl sulfide (COS) emissions from new and existing potlines and polycyclic organic matter (POM) emissions from new and existing prebake potlines and existing pitch storage tanks); remove the vertical stud Soderberg one (VSS1) potline subcategory; reduce the MACT limits for POM emissions from horizontal stud Soderberg (HSS) and VSS2 potlines; eliminate the startup, shutdown and malfunction exemption in accordance with recent actions by the United States Court of Appeals for the District of Columbia Circuit; add provisions for facilities to avail themselves of an affirmative defense in the event of a malfunction under certain conditions; and make certain technical and editorial changes. The proposed emissions limits for POM and COS are based on maximum achievable control technology (MACT). While the proposed modifications would result in some reduction in actual emissions of POM from existing pitch storage tanks, reduce the potential emissions of POM from Soderberg potlines, and prevent increases in emissions of COS and sulfur dioxide, the health risks posed by actual emissions from this source category are currently within the acceptable range and would not be reduced appreciably by the proposed modifications.

DATES: Comments must be received on or before January 20, 2012.

http://www.gpo.gov/fdsys/pkg/FR-2011-12-06/pdf/2011-29881.pdf

Proposed Rule and Notice of Public Hearings for Polyvinyl Chloride and Copolymers Production NESHAP

Tuesday, May 31st, 2011

The EPA published in the Federal Register on May 20, 2011, the proposed rule, National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production. The EPA is announcing two public hearings to be held for the proposed rule.

DATES: The public hearings will be held on June 7, 2011, and June 9, 2011.

More information:  http://www.epa.gov/ttn/atw/pvc/pvcpg.html

EPA delays Boiler MACT

Tuesday, May 17th, 2011
  • EPA is also issuing a stay to delay the effective date of the standards for major source boilers and commercial and industrial solid waste incinerators. The stay will allow the agency to seek additional public comment before requiring thousands of facilities across multiple, diverse industries to make investments that may not be reversible if the standards are revised following reconsideration and a full evaluation of all relevant data.
  • The stay will remain in place until the proceedings for judicial review of these rules are completed or EPA completes its reconsideration of the standards, whichever is earlier. EPA understands that members of the public may wish to submit additional data. Any additional data and information related to affected sources and their emissions should be submitted by e-mail to combustionsurvey@erg.com by July 15, 2011.

http://www.epa.gov/airquality/combustion/actions.html

EPA denial in part and grant in part for petitions to reconsider Portland Cement MACT & NSPS

Tuesday, May 17th, 2011

National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants:    

SUMMARY: The Environmental Protection Agency (EPA or Agency) is denying in part and granting in part the petitions to reconsider the final revised National Emission Standards for Hazardous Air Pollutants emitted by the Portland Cement Industry and the New Source Performance Standards for Portland Cement Plants issued under sections 112(d) and 111(b) of the Clean Air Act, respectively. The EPA is also denying all requests that the EPA issue an administrative stay of the National
Emission Standards for Hazardous Air Pollutants and the New Source Performance Standards.

DATES: This action is effective May 17, 2011.

ADDRESSES: The EPA’s docket for this action is Docket ID No. EPA-HQ-OAR-2002-0051. All documents in the docket are listed on the http://www.regulations.gov

Boiler MACT/NESHAP Major & Area Source Boiler (ICI) plus NSPS Solid Waste and Sewage Sludge Incineration (CISWI & SSI) Final Rules Published in Federal Register

Monday, March 21st, 2011

NESHAP:  Major Source Boiler/Boiler MACT/”ICI”:  http://www.gpo.gov/fdsys/pkg/FR-2011-03-21/html/2011-4494.htm

NESHAP:  Area Source Boiler/Boiler GACT/”ICI”:  http://www.gpo.gov/fdsys/pkg/FR-2011-03-21/html/2011-4493.htm

NSPS: Solid Waste Incineration/”CISWI”:  http://www.gpo.gov/fdsys/pkg/FR-2011-03-21/html/2011-4495.htm

NSPS: Sewage Sludge Incineration/”SSI”:  http://www.gpo.gov/fdsys/pkg/FR-2011-03-21/html/2011-4491.htm

EPA releases the New Boiler MACT

Wednesday, February 23rd, 2011

EPA Establishes Clean Air Act Standards for Boilers and Incinerators  

WASHINGTON – In response to federal court orders requiring the issuance of final standards, the U.S. Environmental Protection Agency (EPA) is issuing final Clean Air Act standards for boilers and certain incinerators that achieve significant public health protections through reductions in toxic air emissions, including mercury and soot, but cut the cost of implementation by about 50 percent from an earlier proposal issued last year.

In response to a September 2009 court order, EPA issued the proposed rules in April 2010, prompting significant public input.  The proposed rules followed a period that began in 2007, when a federal court vacated a set of industry specific standards proposed during the Bush Administration.  Based on the public input received following the April 2010 proposal, EPA made extensive revisions, and in December 2010 requested additional time for review to ensure the public’s input was fully addressed. The court granted EPA 30 days, resulting in today’s announcement.

Based on input from key stakeholders including the public, industry and the public health communities, today’s announcement represents a dramatic cut in the cost of implementation, while maintaining maximum public health benefits. As a result, EPA estimates that for every dollar spent to cut these pollutants, the public will see between $10 to $24 in health benefits, including fewer premature deaths.

The agency received more than 4,800 comments from businesses and communities across the country in response to the proposed rules. Public input included a significant amount of information that industry had not provided prior to the proposal. Based on this feedback, and in keeping with President Obama’s executive order on regulatory review, EPA revised the draft standards based on the requested input to provide additional flexibility and cost effective techniques – achieving significant pollution reduction and important health benefits, while lowering the cost of pollution control installation and maintenance by about 50 percent, or $1.8 billion.

 ”The Clean Air Act standards we are issuing today are based on the best available science and have benefitted from significant public input,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation.  “As a result, they put in place important public health safeguards to cut harmful toxic air emissions that affect children’s development, aggravate asthma and cause heart attacks at costs substantially lower than we had estimated under our original proposal.”

Because the final standards significantly differ from the proposals, EPA believes further public review is required.   Therefore, EPA will reconsider the final standards under a Clean Air Act process that allows the agency to seek additional public review and comment to ensure full transparency.  EPA’s reconsideration will cover the emissions standards for large and small boilers and for solid waste incinerators. EPA will release additional details on the reconsideration process in the near future to ensure the public, industry and stakeholders have an opportunity to participate.

About 200,000 boilers are located at small and large sources of air toxic emissions across the country. The final standards require many types of boilers to follow practical, cost-effective work practice standards to reduce emissions.  To ensure smooth implementation, EPA is working with the departments of Energy (DOE) and Agriculture (USDA) to provide the diverse set of facilities impacted by the standards with technical assistance that will help boilers burn cleaner and more efficiently. DOE will work with large coal and oil-burning sources to help them identify clean energy strategies that will reduce harmful emissions and make boilers run more efficiently and cost-effectively. In addition, USDA will reach out to small sources to help owners and operators understand the standards and their cost and energy saving features.

The types of boilers and incinerators covered by these updated standards include:

·       Boilers at large sources of air toxics emissions: There are about 13,800 boilers located at large sources of air pollutants, including refineries, chemical plants, and other industrial facilities. These standards will reduce emissions of harmful pollutants including  mercury, organic air toxics and dioxins at some of the largest pollution sources. EPA estimates that the costs of implementation have been reduced by $1.5 billion from the proposed standard. Health benefits to children and the public associated with reduced   exposure to fine particles and ozone from these large source boilers are estimated to be $22 billion to $54 billion in 2014.

·       Boilers located at small sources of air toxics emissions: There are about 187,000 boilers located at small sources of air pollutants, including universities, hospitals, hotels and commercial buildings that may be covered by these standards. Due to the small amount of emissions these sources are responsible for, EPA has limited the impact of the final rule making on small entities. The original standards for these have been dramatically refined and updated to ensure maximum flexibility for these sources, including for some sources, revising the requirement from maximum achievable control technology to generally available control technology. The cost reduction from the proposed standard to the final is estimated to be $209 million.

·       Solid waste incinerators: There are 88 solid waste incinerators that burn waste at a commercial or an industrial facility, including cement manufacturing facilities. These standards, which facilities will need to meet by 2016 at the latest, will reduce emissions of harmful pollutants including mercury, lead, cadmium, nitrogen dioxide and particle pollution. The cost reduction from the proposed standard to the final is estimated to be $12 million.

In separate but related actions, EPA is finalizing emission standards for sewage sludge incinerators. While there are more than 200 sewage sludge incinerators across the country, EPA expects that over 150 are already in compliance. These standards will reduce emissions of harmful pollutants including mercury, lead, cadmium, and hydrogen chloride from the remaining 50 that may need to leverage existing technologies to meet the new standards.

EPA has also identified which non-hazardous secondary materials are considered solid waste when burned in combustion units. This distinction determines which Clean Air Act standard is applied when the material is burned. The non-hazardous secondary materials that can be burned as non-waste fuel include scrap tires managed under established tire collection programs. This step simplifies the rules and provides additional clarity and direction for facilities. To determine that materials are non-hazardous secondary materials when burned under today’s rule, materials must not have been discarded and must be legitimately used as a fuel.

The agency recognizes that secondary materials are widely used today as raw materials, as products, and as fuels in industrial processes.  EPA believes that the final rule helps set protective emissions standards under the Clean Air Act.

The emissions standards for sewage sludge incinerators and the definition of solid waste are not part of today’s reconsideration.

http://www.epa.gov/airquality/combustion/actions.html

EPA files motion seeking 15 month extension of Boiler MACT/CISWI Rules.

Thursday, December 9th, 2010

December 7th, 2010, the EPA filed a motion in the federal court seeking an extension in the current court-ordered schedule for issuing new Boiler MACT/CISWI rules.  EPA estimates that under the proposed major source boiler rule, 13,555 boilers and process heaters located at 1,600 facilities will be impacted.  Under the proposed area source boiler rule, EPA estimates 183,000 boilers and 92,000 facilities.  Both the health impacts and costs of these rules are estimated in the billions or 10’s of billions.  EPA estimate 176 solid waste units. 

The motion requests an extension from January 16th, 2011 to April 13, 2012 to re-propose and finalize these standards. 

EPA stated that the additional time will allow it to respond to the issues raised in the thousands of public comments on the reproposed/proposed rules, gain additional public comments and information, and re-propose a rule that will be protective and legally defensible, and result in standards that are more defensable and yield benefits earlier.    

You can read the motion filed here.

MACT/NESHAPs: Plating/Chromium, Polymers/Resins, Marine Tanks, Pharmaceuticals, Printing/Publishing, Steel Pickling–HCl Process Rules Revised or Proposed

Thursday, October 21st, 2010

National Emission Standards for Hazardous Air Pollutant Emissions:

  1. Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
  2. Group I Polymers and Resins
  3. Marine Tank Vessel Loading Operations
  4. Pharmaceuticals Production
  5. The Printing and Publishing Industry
  6. Steel Pickling–HCl Process Facilities and Hydrochloric Acid Regeneration Plants

SUMMARY: This action proposes how EPA will address the residual risk and technology reviews conducted for two national emission standards for hazardous air pollutants (NESHAP), and this action is a supplemental notice of proposed rulemaking for an October 2008 action that proposed how EPA would address the residual risk and technology reviews for four NESHAP. The six NESHAP include 16 source categories, 12 of which are the subject of residual risk and technology reviews in this package. This action proposes to modify the existing emissions standards for eight source categories in three of the six NESHAP to address certain emission sources not currently regulated under these standards. It also proposes for all six NESHAP to address provisions related to emissions during periods of startup, shutdown, and malfunction. Finally, this action proposes changes to two of the six NESHAP to correct editorial errors, make clarifications, or address issues with implementation or determining compliance.