Friday, December 02, 2011

EPA Re-Proposes "Boiler MACT" & Incinerator Rules

Dec 2: U.S. EPA is proposing changes to Clean Air Act standards for boilers and certain incinerators (i.e. "Boiler MACT" rules, Proposed rules; Reconsideration of final rules) based on extensive analysis, review and consideration of data and input from states, environmental groups, industry, lawmakers and the public. EPA said the proposed reconsideration would achieve extensive public health protections through significant reductions in toxic air pollutants, including mercury and soot, while increasing the rule's flexibility and addressing compliance concerns raised by industry and labor groups. The changes also cut the cost of implementation by nearly 50 percent from the original 2010 proposed rule while maintaining health benefits. These standards meet important requirements laid out in the 1990 Clean Air Act Amendments.

    EPA indicates that soot and other harmful pollutants released by boilers and incinerators can lead to adverse health effects including cancer, heart disease, aggravated asthma and premature death. In addition, toxic pollutants such as mercury and lead that will be reduced by this proposal are linked to developmental disabilities in children. These standards will avoid up to 8,100 premature deaths, prevent 5,100 heart attacks and avert 52,000 asthma attacks per year in 2015.

    According to EPA, more than 99 percent of boilers in the country are either clean enough that they are not covered by these standards or will only need to conduct maintenance and tune-ups to comply. Today's latest proposals focus on the less than one percent of boilers that emit the majority of pollution from this sector. For these high emitting boilers, typically operating at refineries, chemical plants and other industrial facilities, EPA is proposing more targeted emissions limits that protect Americans' health and provide industry with practical, cost-effective options to meet the standards – informed by data from these stakeholders. The limits are based on currently available technologies that are in use by sources across the country.

    As a result of further information gathered through the reconsideration process, including significant dialog and meetings with stakeholders, the proposal maintains the dramatic cuts in the cost of implementation that were achieved in the final rules issued in March [See WIMS 2/23/11] while continuing to deliver significant public health benefits. As a result, EPA estimates that for every dollar spent to cut these pollutants, the public will see $12 to $30 in health benefits, including fewer premature deaths.

    Using a wide variety of fuels, including coal, natural gas, oil and biomass, boilers are used to power heavy machinery, provide heat for industrial and manufacturing processes in addition to a number of other uses, or heat large buildings. EPA's proposal recognizes the diverse and complex range of uses and fuels and tailors standards to reflect the real-world operating conditions of specific types of boilers.
Some of the key changes EPA is proposing include:

    Boilers at large sources of air toxics emissions:
The major source proposal covers approximately 14,000 boilers – less than one percent of all boilers in the United States – located at large sources of air pollutants, including refineries, chemical plants, and other industrial facilities. EPA is proposing to create additional subcategories and revise emissions limits. EPA is also proposing to provide more flexible compliance options for meeting the particle pollution and carbon monoxide limits, replace numeric emissions limits with work practice standards for certain pollutants, allow more flexibility for units burning clean gases to qualify for work practice standards and reduce some monitoring requirements. EPA estimates that the cost of implementing these standards remains about $1.5 billion less than the April 2010 proposed standards. Health benefits to children and the public associated with reduced exposure to fine particles and ozone from these large source boilers have increased by almost 25 percent and are estimated to be $27 billion to $67 billion in 2015.

    Boilers located at small sources of air toxics emissions: The proposal also covers about 187,000 boilers located at small sources of air pollutants, including commercial buildings, universities, hospitals and hotels. However, due to how little these boilers emit, 98 percent of area source boilers would simply be required to perform maintenance and routine tune-ups to comply with these standards. Only 2 percent of area source boilers may need to take additional steps to comply with the rule. To increase flexibility for most of these sources, EPA is proposing to require initial compliance tune-ups after two years instead after the first year.

    Solid waste incinerators and revisions to the list of non-hazardous secondary materials: There are 95 solid waste incinerators that burn waste at a commercial or an industrial facility, including cement manufacturing facilities. EPA is proposing to adjust emissions limits for waste-burning cement kilns and for energy recovery units.

    EPA is also proposing revisions to its final rule which identified the types of non-hazardous secondary materials that can be burned in boilers or solid waste incinerators. Following the release of that final rule, stakeholders expressed concerns regarding the regulatory criteria for a non-hazardous secondary material to be considered a legitimate, non-waste fuel, and how to demonstrate compliance with those criteria. To address these concerns, EPA's proposed revisions provide clarity on what types of secondary materials are considered non-waste fuels, and greater flexibility. The proposed revisions also classify a number of secondary materials as non-wastes when used as a fuel and allow for a boiler or solid waste operator to request that EPA identify specific materials as a non-waste fuel.

    Following the April 2010 proposals [See WIMS 4/30/10], the agency received more than 4,800 comments from businesses, communities and other key stakeholders. As part of the reconsideration process, EPA also received additional feedback after the agency issued the final standards in March 2011 [See WIMS 2/23/11]. EPA will accept public comment on these standards for 60 days following publication in the Federal Register. EPA intends to finalize the reconsideration by spring 2012.

    The National Association of Manufacturers (NAM) President and CEO Jay Timmons issued this statement on the revised Boiler MACT rules issued by EPA saying, "The EPA's revised Boiler MACT rules will do significant harm to job growth and investment at a critical time in our recovery. This is yet another example of the EPA pursuing an aggressive agenda that is putting jobs at risk and creating uncertainty throughout the economy. Factoring in regulatory costs currently in place, it is already 20 percent more expensive to manufacture in the United States compared to our major trade partners.

    "We will continue to urge the EPA to extend the compliance time frame and consider a more reasonable approach to setting the emission standards to ensure additional jobs are not put at risk. As long as these rules remain open to court challenges, legislation is needed to give manufacturers more certainty so they can begin to invest and create jobs. The House passed legislation earlier this year, and we strongly encourage the Senate to take a stand for jobs and pass the EPA Regulatory Relief Act as soon as possible [H.R.2250, See WIMS 10/14/11]. America's job creators can no longer afford to be saddled with costly, burdensome and unrealistic regulations.

    "The employment report released today shows that only 2,000 new manufacturing jobs were created last month -- we have to do better. Growth in manufacturing employment has stalled in recent months, and manufacturers are encouraging Congress to adopt policies that will enable manufacturers to invest in the future and create jobs."

    Earthjustice Attorney James Pew issued a statement saying, "Industry has assailed these clean air standards from the moment they were proposed, and they've largely achieved their goals in the updated version released today by the EPA. All the while, communities across the country that are overburdened by air pollution from industrial boilers and incinerators continue to suffer the impacts of breathing dirty air. With this reproposal, we hope industry will abandon its effort in Congress to kill these standards entirely and instead let the EPA begin the important job of improving air quality. Despite the standard's many flaws, it will reduce premature death, asthma attacks and other serious disease, and that work should begin without any further delay."

    Access a release from EPA (click here). Access complete details including an overview, presentation, prepublication copies of each of the three proposed rules, fact sheets for each rule and additional information on the Non-Hazardous Secondary Material proposed changes (click here). Access the release from NMA (click here). Access a release from Earthjustice (click here). Access multiple WIMS postings on the Utility MACT rules (click here). [#Air]