AF&PA releases statement on EPA’s reconsidered Boiler MACT Rule

Donna Harman, president and CEO of the Washington-based American Forest & Paper Association, has issued a statement in response to the U.S. Environmental Protection Agency’s (EPA) release of its reconsidered Boiler Maximum Achievable Control Technology (MACT) rule.

“We’re encouraged that EPA has finally put forth this important proposal clarifying several areas of uncertainty that remain with Boiler MACT implementation and the associated capital investments,” Harmon writes. “While we have not yet studied the proposal details, we are pleased that it intends to address the challenges of appropriate standards during startup, shutdown and malfunction and several outstanding technical issues.”

She continues, “We generally support the core aspects of the final rules; however, unexpected delays have perpetuated an atmosphere of uncertainty, and companies are understandably hesitant to invest millions of dollars that could become stranded if the rules change in the home stretch. With this in mind, it’s only fair that EPA [delay] the January 2016 compliance deadline until these reconsidered rules are finalized so that companies can make investment decisions that will help them meet the final standards.”

The reconsideration, which the EPA released Dec. 1, 2014, affects air toxic standards that limit air pollutant emissions from major industrial, commercial and institutional boilers and process heaters and area industrial, commercial and institutional boilers; and commercial and industrial solid waste incineration (CISWI) units.

The EPA is looking for public comment on five issues the agency has agreed to reconsider for area boilers:

• 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; and
• establishment of a provision that eliminates further fuel sampling for mercury for certain coal-fired boilers based on their initial compliance demonstration.
   

The EPA is seeking public comment on three issues the agency has agreed to reconsider regarding major boilers:

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

The EPA says it also has proposed several technical corrections related to inaccuracies and oversights that were promulgated in the final rule. The agency is soliciting comment only on whether the proposed changes provide the intended accuracy, clarity and consistency.

The proposed changes to the rule applying to major boilers and process heaters can be viewed at www.epa.gov/airquality/combustion/docs/20141201majorboilerfr.pdf, while the proposed amendments to the rule affecting area boilers and process heaters can be viewed at www.epa.gov/airquality/combustion/docs/20141201areaboilerfr.pdf.