On March 21, 2011 the Environmental Protection Agency (EPA) published National Emission Standards for Control of Hazardous Air Pollutants (NESHAP) for boilers, solid waste criteria, and New Source Performance Standards (NSPS) for incineration units. The rules include the following:
NESHAP for new and existing area source boilers (40 CFR Part 63 Subpart JJJJJJ).
NESHAP for new and existing major source boilers and process heaters (40 CFR Part 63 Subpart DDDDD).
Non-hazardous secondary material, when used as fuel or ingredients in combustion units that are “solid waste” under the Resource Conservation and Recovery Act (RCRA) (40 CFR Part 241).
NSPS for new stationary sources and emission guidelines for existing commercial and industrial solid waste incineration (CISWI) units (40 CFR Part 60 Subparts CCCC & DDDD).
What does all this mean for you? If you are an area source for hazardous air pollutants (HAPs), and operate an industrial, institutional, or commercial boiler that is coal-fired, biomass-fired, or oil-fired, then 40 CFR Part 63 Subpart JJJJJJ, better known as the Boiler GACT, applies to you. An area source is a facility that emits less than 10 tons per year (TPY) of any single hazardous air pollutant (HAP) or 25 TPY of any combination of HAPs. A major source is a facility that emits above those thresholds. If you are a major source for HAPs and operate boiler or process heater, regardless of fuel type, then 40 CFR Part 63 Subpart DDDDD, better known as the Boiler MACT applies to you.
Under the Boiler GACT, all new or reconstructed boilers and existing coal-fired and oil-fired boilers must meet emission limitations. All affected facilities must conduct boiler tune-ups and perform a onetime boiler energy assessment of at least one boiler. For existing sources, the boiler tune-up must be completed by March 21, 2012. All other requirements must be met by March 21, 2014. If you have a new or reconstructed boiler, it must meet all requirements by May 20, 2011, or by the date it becomes operational, whichever is later.
Under the Boiler MACT, all solid fuel and liquid fuel boilers and process heaters must meet emission limitations. There are a few exceptions, including limited-use boilers, boilers or process heaters associated with a source already subject to another NESHAP, and boilers or process heaters used as emission control devices (i.e. thermal oxidizers). All units must conduct regular tune-ups and perform a onetime boiler energy assessment of at least one boiler. For existing boilers and process heaters, all requirements must be met by March 21, 2014. If you have a new or reconstructed boiler or process heater, it must meet all requirements by May 20, 2011, or by the date it becomes operational, whichever is later.
If you’re facility does not utilize what are defined as “traditional fuels”, then the Identification of Non-Hazardous Secondary Materials that are Solid Waste rule published concurrently with the Boiler GACT and Boiler MACT rules will be of particular importance to you. This rule outlines what are traditional fuels, including virgin biomass. A secondary material is any material that is not the primary product of a manufacturing or commercial process. Essentially, if the secondary material is considered a non-hazardous waste when it is discarded, then it is a solid waste. Unfortunately, selling this secondary material to another entity, in some circumstances, constitutes discarding. All materials that are not considered traditional fuels must meet the Legitimacy Criteria identified in the rule. The EPA has responded to numerous comments regarding secondary materials that have been used as fuel. Unfortunately, many of those do not meet the Legitimacy Criteria. To use treated wood as an example, all but borate treated wood have been found to contain contaminates exceeding those of virgin biomass and are considered solid waste. If your facility utilizes a non-hazardous secondary material that is considered a solid waste under this rule, you must change fuels or comply with the newly issued New Source Performance Standard (NSPS) for Commercial and Industrial Solid Waste Incinerators (CISWI). Unless your facility already had a boiler or process heater identified as an incinerator, it is unlikely your facility can meet the emission limitation requirements, as well as many of the other requirements.
For more information, please visit our website at www.boilermactcompliance.com.