On December 1, the Environmental Protection Agency announced plans to reconsider parts its clean air standards for industrial boilers and certain incinerators.

In all, The EPA seeks comment on three rules. EPA has proposed amendments to the rule “National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters.” EPA seeks public comment on three issues raised in the petitions for reconsideration:

  • Definition of startup and shutdown periods and the work practices that apply during such periods.
  • Revise carbon monoxide (CO) emission limits based on a minimum CO level of 130 parts per million (ppm).
  • The use of particulate matter continuous parameter monitoring system (PM CPMS), including the consequences of exceeding the operating parameter.

Also, EPA is proposing an alternative definition of startup and an alternative work practice that applies during startup to the definition and work practice that is being reconsidered. EPA notes that the proposed amendments do not change the coverage of the final rule. The clarifications and corrections should make it easier for owners and operators and for local and state authorities to understand and implement the requirements.

In other action, EPA is removing the affirmative defense provision (section 63.7501 of subpart DDDDD) from the final rule, in light of the recent court decision vacating the provision in the Portland Cement National Emission Standards for Hazardous Air Pollutants.

Likewise, EPA has proposed amendments to its final air toxics standards for industrial, commercial and institutional area source boilers. Public comment is sought on five issues the agency has agreed to reconsider:

  • Definitions of startup and shutdown periods.
  • Alternative particulate matter (PM) standard for new oil?fired boilers that combust low?sulfur oil.
  • Establishment of a subcategory and separate requirements for limited?use boilers.
  • Establishment of a provision that eliminates further performance testing for PM for certain boilers based on their initial compliance test.
  • Establishment of a provision that eliminates further fuel sampling for mercury for certain coal?fired boilers based on their initial compliance demonstration.

EPA has proposed an amendment the final rule to revise the definitions of startup and shutdown and to remove the affirmative defense provisions in light of the recent Court decision vacating affirmative defense provisions in the Clean Air Act section 112 rule establishing emission standards for Portland cement kilns.

Finally, EPA has proposed amendments to its final new source performance standards and emission guidelines for commercial and industrial solid waste incineration units. EPA seeks public comment on three issues:

  • Definition of continuous emissions monitoring system (CEMS) data usage during startup and shutdown periods.
  • Alternative particulate matter (PM) limit for the waste?burning kilns subcategory.
  • Establishing a fuel variability factor for the coal?burning energy recovery units subcategory.
  • Definition of kiln to clarify the boundaries of the waste?burning kiln and to remain consistent with similar revisions made in the Portland Cement NESHAP.

For each of these rules, EPA is soliciting comment only on whether the proposed clarifying changes and corrections changes provide the intended accuracy, clarity and consistency. During this review and comment period, EPA will not respond to any comments addressing any other issues or any other provisions of the final rule.

Learn more at http://www.epa.gov/airquality/combustion/actions.html