Boiler MACT Effective Date Delayed...

May 16, 2011 - The EPA has announced the next step on air toxics standards for boilers and certain incinerators. The agency is allowing time to seek and review additional public input on new standards.  Potential compliance activities for the rule include work practice standards, fuel analysis (additional options currently under consideration) and performance testing (stack tests).

Boiler MACT site: http://www.epa.gov/airquality/combustion


Fact Sheet: http://www.epa.gov/airquality/combustion/docs/20110516nextstepfs.pdf

Notice: http://www.epa.gov/airquality/combustion/docs/20110516nextstep.pdf

Action:

• On May 16, 2011, EPA announced its next step in allowing time to seek and review additional public input on the final standards for boilers and certain solid waste incinerators issued in February 2011.
• Following the April 2010 proposals, the agency received more than 4,800 comments from businesses and communities, including a significant amount of information that industry had not provided prior to the proposals. 
• Based on this input, EPA made extensive revisions to the standards. For example, EPA made revisions to the proposed subcategories and to some of the proposed emissions limits.  
• In December 2010, EPA requested additional time for review to ensure the public’s input was fully addressed.  However, the court granted EPA only an additional 30 days, resulting in the February 2011 final rules.
• The agency is reconsidering the standards because the public did not have sufficient opportunity to comment on these changes, and, as a result, further public review and feedback is required to meet the legal obligations under the Clean Air Act.   
• 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 that the public would like the agency to consider should be submitted by e-mail to combustionsurvey@erg.com by July 15, 2011.   
• This approach will help ensure that the final standards are protective, cost-effective, practical to implement and consistent with the requirements of the Clean Air Act.