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News & Events
EPA Issues Proposed Boiler MACT, Area Source NESHAP, and CISWI Revisions (December 2, 2011)
U.S. EPA has proposed a new version of the Boiler Major Source NESHAP (“Boiler MACT”) and amendments to the Boiler Area Source NESHAP, CISWI Incinerator NSPS, and Definition of Solid Waste. EPS is currently reviewing these standards to assess potential impacts on our affected clients. Upon publication in the Federal Register, EPA will accept comments for 60 days. EPA plans on finalizing these standards by Spring 2012.
Here are some of the initial highlights:
Area Source NESHAP
- The current final rule remains in effect.
- Mercury standards for coal-fired boilers are relaxed.
- Particulate standards for biomass and oil-fired boilers unchanged.
- The current deadline for existing source initial tune-ups (March 21, 2012) is proposed to be extended by one year.
Major Source NESHAP
- Existing source compliance date would be 3 years after final rule publication.
- Emissions limits changed from the previous MACT based on new subcategories and data collected in 2011.
- Several emission limits are more stringent than the previous final MACT, while others are relaxed.
- As an alternative to the PM limit, a total selected metals (TSM) limit is available for select subcategories.
- The numerical dioxin emission limits are replaced by work practice standards.
Definition of Solid Waste
- Definitions and legitimacy criteria are revised to clarify which non-hazardous secondary materials (NHSM) are non-waste fuels when burned.
- The clean cellulosic biomass definition are expanded.
- Categorical non-waste determinations are proposed for scrap tires and resinated wood.
The pre-publication versions of the rules are available here: http://www.epa.gov/airquality/combustion/actions.html
Contact your EPS consultant or call (404) 315-9113 with questions regarding these standards.
EPA Announces Plans to Implement 2008 Ozone Standard (September 22, 2011)
In a memo from Assistant Administrator Gina McCarthy to regional air directors, EPA announced its intent to enforce and implement the 75 ppb ozone standard issued in 2008. The implementation of the 2008 standard had been on hold while EPA reconsidered the standard. The recent White House announcement of delaying the ozone reconsideration to 2013-2014 prompted EPA to revert back to the existing 2008 standard. EPA is working on ozone nonattainment area designations based on the 2009 state recommendations, as well as updated air quality data. Initial nonattainment area designations may be issued by mid-2012 but could be influenced by ongoing litigation. EPA's memo is available here: http://www.epa.gov/glo/pdfs/OzoneMemo9-22-11.pdf A summary table of expected nonattainment areas is available here: http://www.epa.gov/glo/pdfs/OzoneTable9-22-11.pdf
Georgia EPD Issues Revised Draft Industrial Storm Water General Permit for Review (September 1, 2011) To address comments received on the draft permit, Georgia EPD has issued a revised draft industrial storm water general permit for review. The new comment period ends on September 16, 2011. For more information: http://www.georgiaepd.org/Documents/IndustrialStormwater.html
EPA Opens e-GGRT for GHG Reporting (August 22, 2011) After completing stakeholder testing this summer, EPA has opened the electronic Greenhouse Gas Reporting Tool (e-GGRT) for registered Calendar Year 2010 reporters, which are required to submit their annual reports by September 30, 2011. For more information: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html
Key Compliance Dates for Boilers Approaching (July 20, 2011) The compliance dates are approaching for the rule applying to minor HAP sources that operate boilers - referred to as the Boiler Area Source NESHAP, 40 CFR 63 Subpart JJJJJJ. - September 17, 2011 for Initial Notification
- March 21, 2012 for work practices
- March 21, 2014 for energy assessments
- September 17, 2014 for initial emissions testing (if subject to an emissions standard) The dates above are for existing boilers (constructed on or before June 4, 2010). New boilers (constructed after June 4, 2010) must comply upon startup and meet a shorter testing schedule.
Emissions Standards and Work Practices:
New biomass and oil-fired boilers and new and existing coal-fired boilers with a heat input capacity of 10 MMBtu/hr or greater are subject to emission limits and initial and triennial stack testing. New and existing coal, biomass, and oil-fired boilers are subject to biennial tune-ups to minimize carbon monoxide emissions. Facilities with existing boilers of 10 MMBtu/hr or greater burning coal, biomass, or oil must conduct a one-time energy assessment. Boilers equipped with air pollution control devices are also subject to operating limits.
Facilities with Fuel Oil Backup Need to Choose a Category:
Boilers that are gas-fired (natural gas and/or propane) are exempt from the Area Source NESHAP; no initial notification or other requirements apply. The rule allows boilers equipped with backup fuel oil to retain gas-fired status as long as the fuel oil is burned only for curtailment, supply emergencies, and periodic testing. Burning liquid fuels due to availability or cost considerations would void the exemption.
Boilers changing from gas-fired to oil-fired would become classified as a new oil-fired boiler, subject to emission limits, stack testing, tune-ups, and the energy assessment. Boilers classified as oil-fired as of the initial notification date may be considered an existing source, not subject to an emission limit, only required to conduct tune-ups and possibly an energy assessment. Facilities with the capability of electively burning fuel oil should consider how they want to be categorized prior to the September 17, 2011 initial notification due date.
Facilities that determine not to electively burn fuel oil (i.e., only burning fuel oil for curtailment, emergencies, or testing), should retain adequate records demonstrating their exemption status.
The effectiveness of the rule applying to major HAP sources, the Boiler MACT, continues to be postponed until the EPA reconsideration process is complete. However, the Boiler Area Source NESHAP remains effective.
For More Information:
The rule is available here: http://www.epa.gov/ttn/atw/boiler/boilerpg.html
EPA Issues Final GHG Permitting Deferral for Biomass and Biogenic Sources (July 1, 2011)
EPA Issues Final GHG Permitting Deferral for Biomass and Biogenic Sources (July 1, 2011) EPA Issues Final GHG Permitting Deferral for Biomass and Biogenic Sources (July 1, 2011) EPA Issues Final GHG Permitting Deferral for Biomass and Biogenic Sources (July 1, 2011) EPA has issued the final deferral for GHG permitting for biomass facilities. The deferral period is three years, during which EPA will conduct a detailed study of the biogenic CO2 emissions from stationary sources. This action finalizes the proposed rule that was issued on March 11, 2011.
The rule and deferral period will be effective upon publication of the final rule in the Federal Register, which is expected to occur in the next few days.
Fact Sheet: http://www.epa.gov/nsr/documents/Biogenic_Fact_Sheet_June_2011.pdf
Rulemaking: http://www.epa.gov/nsr/documents/Biogenic_Deferral_pre-pub.pdf
Response to Comments: http://www.epa.gov/nsr/documents/RTC_6-30_final_comb.pdf
Georgia EPD Issues Draft Industrial Storm Water General Permit for Review and Comment (June 27, 2011) The new proposed NPDES General Permit for Storm Water Discharges Associated with Industrial Activity has been issued by Georgia EPD. Comments will be accepted until August 1, 2011. A public hearing will also be held on August 1, 2011. Industrial facilities covered under the existing General Permit (which will be revoked and replaced by the new permit) should review the draft permit to assess potential impacts on storm water compliance programs. The draft permit, fact sheet, and public notice are available here: http://www.gaepd.org/Documents/techguide_wpb.html#sw
EPA Announces Plans to Complete Reconsideration of Boiler MACT (June 24, 2011) In a court filing submitted to the US Court of Appeals for the DC Circuit,, U.S. EPA has stated its intent to issue a new proposed Boiler MACT by October 31, 2011 and sign the final rule by April 30, 2012. In May, U.S EPA postponed the effectiveness of the current Boiler MACT until the reconsideration process is complete. Court filing: http://www.epa.gov/airquality/combustion/docs/CISWIReplyfiled.pdf Note that the effectiveness of the Boiler Area Source NESHAP - applicable to minor sources of Hazardous Air Pollutants (HAPs) - has not been postponed.
Greenhouse Gas Mandatory Reporting Deadline Set for September 30, 2011 – Testing of e-GGRT Underway On March 18, 2011, EPA set the new deadline for year 2010 reporting under the Greenhouse Gas Mandatory Reporting Rule (GHG MRR): September 30, 2011. The original deadline for reporting 2010 emissions was March 31, 2011; however, EPA extended the deadline to refine the Electronic Greenhouse Gas Reporting Tool (e-GGRT), perform stakeholder testing of the system, and provide reporter access in advance of the deadline. There were several GHG MRR amendments issued in late 2010 that prompted EPA to revise the reporting format. The revised e-GGRT will reflect these rule changes. This action extends the deadline for registering with e-GGRT to August 1, 2011 (60 days before the extended reporting deadline). EPS is participating as a stakeholder in the “sandbox” testing program to ensure that the system functions properly and reflects the GHG MRR provisions and to ensure that our clients subject to reporting are adequately prepared for the September 30, 2011 deadline. The e-GGRT sandbox testing program will be available in June 2011 before the final version of the tool goes live. The e-GGRT sandbox environment is separate from the e-GGRT environment. However, the sandbox environment is created to have the same look and feel as the e-GGRT environment and contains ‘mock’ facilities. In the sandbox environment, users can test the upload feature, webforms, calculation spreadsheets, EZForms, Real-Time Data Validation and Data Roll-Ups. Users are encouraged to report bugs/issues encountered during testing to EPA. All GHG reporting features of e-GGRT will be testable in the e-GGRT sandbox with the exception of the report submittal feature. Users will be able to prepare a mock annual GHG report and e-GGRT will allow them to download and review a copy of the mock-report in HTML (web page) or XML format. Note that data entered during the sandbox testing period will not be saved by the EPA. EPA will announce the release the official e-GGRT following the end of the sandbox testing period.
Boiler MACT: EPA Postpones Effective Date for Major Sources On May 16, 2011, EPA announced that the effective date of the major source Boiler MACT and the CISWI (incinerator) NSPS will be postponed until the proceedings for judicial review of these rules are complete or EPA completes its reconsideration of the rules, whichever is earlier. The effective date published in both rules is May 20, 2011. With the postponement, new source boilers will not be subject to the Boiler MACT until after the judicial review or reconsideration is completed. After the review is completed, EPA will issue a rulemaking establishing the new effective date of the rules. In a separate rulemaking, EPA will issue a notice of proposed reconsideration of each rule, which will be based on the petitions on which EPA is granting reconsideration. EPA is now accepting additional data and information from the public to inform EPA’s reconsideration of the rules. The deadline for submitting comments is July 15, 2011. Fact Sheet: http://www.epa.gov/airquality/combustion/docs/20110516nextstepfs.pdf Notice: http://www.gpo.gov/fdsys/pkg/FR-2011-05-18/pdf/2011-12308.pdf The notice was published in the Federal Register on May 18, 2011. Note that this action does not affect the Boiler Area Source NESHAP, which applies at true minor and synthetic minor sources of HAP emissions. There is no proposed delay in the effectiveness of the Area Source NESHAP at this time.
EPA and Corps of Engineers Issues "Draft Guidance on Identifying Waters Protected by the Clean Water Act."
What This Guidance Does: Two critical U.S. Supreme Court decisions since 2003 clarified that wetlands which are not within jurisdiction of the COE are regulated under the Clean Water Act (CWA), Section 404. The COE has allowed the impact of wetlands considered "non-jurisdictional" without the need for COE permits. This guidance could reclaim all wetlands as jurisdictional thereby requiring permit action. This will place a heavy burden on an already undermanned COE staff, likely resulting in delays and more cost to facilities requiring permits. Will This Guidance Be Enforceable? Paragraph 2 of the draft guidance states that it is not a rule, is non-binding, and is not enforceable. However, paragraph 3 states that after receiving public comments on the draft guidance, the intent is to undertake rulemaking which will culminate in binding and enforceable administrative code. Who Will This New Authority Affect? The proposed action may reach beyond wetlands issues, potentially impacting projects requiring CWA authorization. These provisions include the Section 402 National Pollutant Discharge Elimination System (NPDES) Permit Program, the Section 311 Oil Spill Program, Water Quality Standards and Total Maximum Daily Load (TMDL) Programs under Section 303, and the Section 401 State Water Quality Certification Process. What You Should Do:
Potentially-affected facilities should read the draft guidance:
http://water.epa.gov/lawsregs/guidance/wetlands/upload/wous_guidance_4-2011.pdf.
The EPA website on this topic is also available here:
http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm
The Federal Register Notice is located at:
http://edocket.access.gpo.gov/2011/pdf/2011-10565.pdf.
Comments are due by July 1, 2011.
Final Boiler MACT and Other Combustion Standards Published in Federal Register - March 21, 2011 Today, the following rules were published in the Federal Register, setting the compliance dates: - Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP for Major Sources (“Boiler MACT”):
http://edocket.access.gpo.gov/2011/pdf/2011-4494.pdf
Existing boiler or process heater: March 21, 2014
New or reconstructed boiler: May 20, 2011 or upon startup, whichever is later
- Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP for Area Sources (“Boiler Area Source NESHAP”):
http://edocket.access.gpo.gov/2011/pdf/2011-4493.pdf
Existing boiler subject to tune-ups: March 21, 2012 Existing boiler subject to emission limits: March 21, 2014 Existing boiler, facility subject to energy assessment: March 21, 2014 New or reconstructed boiler: May 20, 2011 or upon startup, whichever is later
EPA Issues Final Boiler MACT and Other Combustion Standards - February 23, 2011 This week, EPA Administrator Lisa Jackson signed the following set of final rules that will apply to thousands of facilities with boilers, process heaters, or incinerators:
Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP for Major Sources (“Boiler MACT”)
Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP for Area Sources (“Boiler Area Source NESHAP”)
Identification of Non-Hazardous Secondary Materials That Are Solid Wastes (“Definition of Solid Waste Rule”)
Amendments to New Source Performance Standards and Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units (“CISWI NSPS”)
The pre-publication versions of each rule are available here: http://www.epa.gov/airquality/combustion/ Some Provisions Changed, Others Remain Same The Boiler MACT regulates PM, HCl, Mercury, CO, and Dioxin/Furans, and some of the limits were relaxed as compared to the June 4, 2010 proposal. For example, the existing pulverized coal-fired boiler PM limit increased from 0.02 lb/MMBtu to 0.039 lb/MMbtu, and the existing liquid fuel-fired boiler CO limit increased from 1 ppm to 10 ppm. Also, the final rule allows facilities to comply with alternative equivalent steam-output based emissions limits and incorporate credits from energy conservation measures in demonstrating compliance. The final Area Source NESHAP and Boiler MACT require many facilities to conduct a one-time energy assessment as a “beyond-the-floor” standard. Under the Boiler MACT, boilers less than 10 MMBtu/hr and all natural gas-fired boilers are subject to periodic tune-ups in lieu of emissions standards. For facilities subject to Boiler MACT emissions standards, annual stack testing remains a requirement, except for Dioxin/Furans, which are now required to only be tested initially (the proposed rule required annual testing).
Definition of Solid Waste and CISWI NSPS Boilers that are determined to burn solid waste would be regulated under the CISWI NSPS, which includes several standards that are significantly more stringent than the Boiler MACT or Area Source NESHAP emission limits. Simultaneous with the boiler rules and CISWI NSPS, EPA issued a final RCRA rule defining which non-hazardous secondary materials are solid waste (regulated under CISWI NSPS) versus fuel (regulated under NESHAPs). In the rule, EPA clarified that clean cellulosic biomass is an “alternative” traditional fuel and is not solid waste. The provides criteria for determining the classification of other materials. Boiler MACT and Area Source NESHAP Compliance Dates New Boilers & Process Heaters: Within 60 days after the final rule is published in the Federal Register or upon startup, whichever is later. A boiler is new if constructed or reconstructed after June 4, 2010.
Existing Boilers & Process Heaters: Within 3 years after the final rule is published in the Federal Register. Area Source NESHAP boilers subject to tune-ups must achieve compliance within 1 year of Federal Register publication of the rule.
The Rules Are Not So Final EPA has acknowledged that the final rules are significantly different from the June 4, 2010 proposed rules and is initiating a reconsideration process for certain provisions of the rules. In a separate upcoming notice, EPA will identify specific elements for which further public comment is appropriate and other rule provisions that EPA may propose to change based on already-submitted comments. Therefore, subject facilities are expected to have another opportunity to comment on several key aspects of the rules. For questions or to evaluate the impact of these rules on your facility, contact Tommy Sweat or your EPS consultant at (404) 315-9113.
EPA Denied Requested Extension for Boiler MACT and Other Combustion Standards - Final Rule Issuance Due by February 21, 2011 On Thursday, January 20, 2011, a Federal District Judge denied U.S. EPA's request to extend the final issuance date for the Boiler MACT, Area Source NESHAP, and CISWI NSPS to April 2012 and issued a new deadline of February 21, 2011. EPA has stated that they will work diligently to meet the deadline. The final rules were sent by EPA to the White House OMB on January 20, 2011, as well.
GHG Mandatory Reporting Rule - Key Dates Approaching With EPA's new Greenhouse Gas Reporting Site e-GGRT available for use, key dates are approaching: - January 30, 2011: The Certificate of Representation is due for each Designated Representative (DR) and Alternate Designated Representative (ADR). This is completed online using e-GGRT.
- March 31, 2011: The initial GHG emissions report for Calendar Year 2010 is due for many source categories (including General Stationary Fuel Combustion Sources).
e-GGRT is available here: http://ghgreporting.epa.gov/
EPA Publishes Proposed Combustion Standards, Announces Public Hearings, and Extends Comment Period (June 9, 2010)
The proposed combustion standards and solid waste definition rules were published in the Federal Register on Friday, June 4, 2010: Definition of Solid Waste: http://edocket.access.gpo.gov/2010/pdf/2010-10837.pdf Boiler MACT: http://edocket.access.gpo.gov/2010/pdf/2010-10827.pdf Boiler Area Source NESHAP: http://edocket.access.gpo.gov/2010/pdf/2010-10832.pdf CISWI NSPS: http://edocket.access.gpo.gov/2010/pdf/2010-10821.pdf Also, EPA announced public hearings for June 15 and 22 and extended the public comment period to August 3, 2010. FR Notice: http://edocket.access.gpo.gov/2010/pdf/2010-13877.pdf More information on the proposed standards is provided in the article below. EPS Contact: Tommy Sweat, P.E. (tsweat@envplanning.com, 404-315-9113).
EPA Proposes New Combustion Emissions Standards and Finalizes GHG Tailoring Rule (May 13, 2010)
EPA has issued proposed and final regulations that will impact many industrial facilities – specifically those with boilers and process heaters and high GHG emissions. On April 29, 2010, a set of rules related to boilers and process heaters were proposed: Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP for Major Sources (“Boiler MACT”) Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP for Area Sources (“Boiler Area Source NESHAP”) Identification of Non-Hazardous Secondary Materials That Are Solid Wastes (“Definition of Solid Waste Rule”) Amendments to New Source Performance Standards and Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units (“CISWI NSPS”) The pre-publication versions of each rule are available here: http://www.epa.gov/airquality/combustion/ Boiler MACT EPA issued these proposed rules under a court order to address the June 8, 2007 vacatur of the previous Boiler MACT and CISWI Definitions Rule. Upon publication in the Federal Register, EPA will accept comments on the proposed rules for 45 days after the publication date. EPA is working to meet a court ordered deadline of December 16, 2010 to issue the final rules. Emissions limits for PM, HCl, Mercury, CO, and Dioxin/Furans are proposed for major HAP sources that operate boilers and process heaters with heat input capacity of 10 MMBtu/hr or greater, except natural gas/ refinery gas-fueled boilers. The proposed emissions limits are significantly lower than the previous Boiler MACT. Certain subcategories of boilers are subject to annual or biennial tune-ups to reduce CO emissions. Larger boilers would be required to install CEMS for CO and PM, and boilers subject to opacity standards would be required to install COMS. Sources demonstrating compliance through stack testing would be required to conduct initial and annual tests, until 3 consecutive years of low emissions are observed, when the frequency may be reduced. All major source facilities with boilers would be required to conduct an initial energy assessment, including energy consumption information, identification of energy conservation and efficiency improvement measures, and establishment of a facility energy management program. Existing facilities would be required to comply within 3 years of the final rule being published in the Federal Register. Boiler Area Source NESHAP
EPA proposed the Boiler Area Source NESHAP to regulate boilers located at minor (area) sources of HAP. Gas-fired boilers are specifically exempted from the rule. Boilers burning coal, oil, or biomass are subject to emissions standards. Emission limits for PM, CO, and Mercury are proposed. Similar to the Boiler MACT, initial and annual stack tests are required. CO CEMS would be required for larger boilers. Boilers subject to opacity standards would be required to install COMS. An initial energy assessment would be required at all facilities with coal, oil, or biomass boilers with heat input capacity greater than 10 MMBtu/hr. Coal, oil, or biomass boilers with heat input capacity of less than 10 MMBtu/hr must be tuned up biennially to minimize CO emissions. Existing facilities would be required to comply within 3 years of the final rule being published in the Federal Register. Definition of Solid Waste EPA is proposing a new rule under 40 CFR 241 to define solid wastes which may be used as fuels or as ingredients (combustion aids) in combustion units. In the proposed rule, EPA states that the following non-hazardous secondary materials are not wastes:
(1) Non-hazardous secondary materials used as a fuel in a combustion unit that remains within the control of the generator and that meets the legitimacy criteria.
(2) Non-hazardous secondary materials used as an ingredient in a combustion unit and that meets the legitimacy criteria.
(3) Fuel or ingredient products that have undergone processing from discarded non-hazardous secondary materials and that are used as fuels or ingredients in a combustion unit, and that meet the legitimacycriteria.
In the Boiler MACT and Area Source NESHAP, the definition of boiler excludes devices that combust solid waste. Therefore, if any solid waste is burned in the boiler or process heater, the CISWI NSPS (discussed below) will apply. The Definition of Solid Waste will be critical for facilities with boilers that burn wood biomass or other secondary non-hazardous materials. EPA has included a mechanism to obtain non-waste determinations in the proposed rule. CISWI NSPS and Emissions Guidelines The CISWI NSPS and Emissions Guidelines apply to new and existing energy recovery units (boilers) and other incinerators that burn non-hazardous solid waste (non-fuels). This rule applies regardless of HAP emission level. Therefore, the CISWI NSPS applies to both major and minor (area) sources of HAP. Many of the proposed CISWI NSPS emissions limits are significantly more stringent than the proposed Boiler MACT limits. GHG Tailoring Rule On May 13, 2010, EPA issued the final GHG PSD/Title V Tailoring Rule, specifying which facilities must undergo PSD review for GHG emissions, which facilities must obtain Title V permits due to their GHG emissions, and which facilities must address GHG emissions in their existing Title V permits. A pre-publication version of the final rule and EPA fact sheet are available here: http://www.epa.gov/nsr/actions.html#may10. In the final rule, EPA established a multi-step process for addressing GHG emissions in construction and operating permits: Phase
| PSD Permitting
| Title V Permitting
| Step 1 (January 2011 – June 2011)
| For sources subject to PSD due to non-GHG emissions (“anyway” sources), a PSD review (with BACT) for GHG emissions is required at a level of 75,000 tons/yr CO2e (potential to emit).
| None. | Step 2 (July 2011 – June 2013)
| The same conditions from Step 1 apply. In addition, new sources with potential to emit of 100,000 tons/yr CO2e and modifications resulting in potential emissions increases of 75,000 tons/yr CO2e or more at major sources are subject to PSD review (with BACT) for GHG emissions.
| GHG emissions must be addressed in Title V permit applications and applicable GHG requirements must be included in Title V permits when amended or renewed. In addition, sources with potential GHG emissions of 100,000 tons/yr CO2e would be required to obtain a Title V permit, if they do not already have one. Applicable GHG requirements (if any) must be incorporated into the Title V permit.
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Beyond these two steps, EPA is planning a Step 3 (July 2013 and beyond) in which lower major source or modification thresholds may be established. By July 1, 2012, EPA will issue a final rule establishing the thresholds for Step 3. Smaller sources will be given a 6-year exclusion from PSD and Title V permitting. Public Comment Upon publication of the proposed rules in the Federal Register, facilities will have 45 days to submit comments to EPA.
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