On December 20, 2012, the US EPA issued final changes to Clean Air Act standards for major and area source boilers and commerical/industrial solid waste incinerators.
Sources are required to submit a Notification of Compliance Status regarding the initial tune-up by July 19, 2012.
On March 13, 2012, the EPA issued a No Action Assurance (NAA), stating that it would not enforce the Notification. The NAA states that it remains in effect until either (1) October 1, 2012, or (2) A final rule addressing the proposed reconsideration of the Area Source Boiler Rule, whichever occurs earlier.
On July 18, 2012, EPA extended the NAA for Boiler Area Source to December 31, 2012, or until the final rule is issued whichever occurs earlier.
For more information visit www.boilermactcompliance.com.
On March 13, 2012, the US Environmental Protection Agency, Office of Enforcement and Compliance Assurance, provided notice to associations and group representatives of owners of existing Area Source (GACT) boilers that the agency will exercise its discretion not to pursue enforcement for violations of the deadline to complete initial tune-up required in the final rule by March 12, 2012. In addition, the US EPA recently published a proposed re-consideration of the Area Source Boiler Rule that would postpone the tune-up from March 12, 2012 to March 12, 2013. This "No Action Assurance" applies to only the timelines of tune-up and the US EPA notes that nothing in this "No Action Assurance" affects any other provisions in the Area Source Boiler Rule. The "No Action Assurance" is to remain in effect until either (1) 11:59PM EDT October 1, 2012, or (2) the effective date of a final rule addressing the proposal reconsideration of the Area Source Boiler Rule, whichever occurs earlier.
On March 8, 2012, the US Senate voted by a 52-46 vote (60 needed to pass), to dissapprove the Collins Amendment (SA 1660). This Amendment requested to include the US EPA Regulatory Relief Act of 2011 in the Senate Transportation Bill (S.1813). The amendment would have given the US EPA more time to modify the Boiler MACT related rules, including the Non-Hazardous Secondary Materials that are the Solid Waste Rule.
For more information on the Boiler MACT Rules, visit www.boilermactcompliance.com
On December 2, 2011, the EPA Administrator, Lisa P. Jackson, signed a notice and EPA is submitting it for publication in the Federal Register (FR). The proposed changes to the NSHM rule, include:
On September 13th, the House Subcommittee on Energy and Power approved H.R. 2250 – The U.S. EPA Regulatory Relief Act of 2011. There is also a companion bill, S.B. 1392, in the U.S. Senate. This proposed legislation, if passed, will stay the Boiler MACT/GACT, Incinerator MACT, and Non-Hazardous Secondary Materials rules. Currently all but the Boiler GACT rules have already been stayed by the EPA. This legislation would stay all four rules for at least 15 month and instruct the EPA to revise the rules according to achievable results. Until the legislation passes, the Boiler GACT deadlines are still in effect. The deadline for initial notification of applicability is still September 17, 2011 and the deadline for compliance is March 21, 2012. H.R. 2250 is expected to be voted on this shortly.
The first compliance deadline for the Boiler GACT Rule is September 17, 2011 – when the Initial Notification of Applicability is due. This rule applies to facilities with boilers fueled by any fuel except natural gas, and who are not major sources of Hazardous Air Pollutants (HAPs). Some state agencies have already acted, with North Carolina DENR having recently mailed out letters to potentially affected facilities. Others, such as the Georgia EPD, will be sending out similar letters soon. Whether or not you receive a letter, you will have to submit your initial notification by Sept. 17 if this rule applies to your facility.
The Boiler MACT rule, which applies to facilities that are major sources of HAPs, has been placed on legal hold. This means the large facilities have some breathing room, but the small facilities covered by the GACT rule must act now.
More information is available at CTI’s Boiler MACT and GACT website – www.boilermactcompliance.com.
On May 16, 2011, the US EPA signed a stay delaying the effective dates for the final Boiler MACT rules for major sources for hazardous air pollutants (HAPs) and Commercial and Indstrial Solid Waste Incineration (CISWI) Units.
For Boiler MACT sources the deadline for compliance has not changed and is still March 21, 2012. This includes Minor Sources of HAP pollutants and Major Sources of non-HAP pollutants.
The effective dates for HAP Major Source Boiler MACT & CISWI rules are delayed until such time as judicial review is no longer pending or until the US EPA completes its reconsideration of the rules, whichever is earlier.
For more information you can go to www.boilermactcompliance.com or contact us @ 770-263-6330.
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).
On February 21, 2011, the Environmental Protection Agency (EPA) released the final National Emission Standard for Hazardous Air Pollutants (NESHAP) for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, better known as the Boiler MACT. At the same time, the EPA issued the final Boiler GACT for area sources, the final Commercial/Industrial Solid Waste Incinerator (CISWI) rule, and the final Non-Hazardous Secondary Material rule. We at CTI are in the process of reviewing these rules in their entirety and will be issuing Client Alerts in the very near future.