The Boiler MACT is Back!

Almost two years after EPA issued the flawed Boiler MACT for major and area sources and a year after the proposed revisions were announced, the revised rule has been published. Conversely, the revised rule provides both additional complexities while relaxing standards for certain types of sources.

Brief History

In March, 2011, EPA published National Emissions Standards for Hazardous Air Pollutants (NESHAPS) for major sources and area sources of industrial, commercial, and institutional boilers and process heaters (the Boiler MACT). A major source emits or has the potential to emit 10 tons per year of any single HAP or 25 TPY of any combination of HAP. An area source is any source that is not a major source. Recognizing how flawed the rules were, EPA announced it was reconsidering parts of the rule on the same day it published the final Boiler MACT.

EPA also sought to delay the effective date of the Boiler MACT, until “the proceedings for judicial review of these rules are completed or the EPA completes its reconsideration of the rules, whichever is earlier.” 76 FR 28662 (May 18, 2011). However, the district court struck down the attempted delay. Thereafter, EPA issued a series of No Action Assurance Letters in which EPA announced it would not enforce certain parts of the rule.

A proposed rule was published on December 23, 2011. EPA has now taken final action on the reconsideration. Continue reading “The Boiler MACT is Back!”