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Boiler MACT and Area Sources rules Published in Federal Register; Rules to be Reconsidered

03/21/11

Source: SOCMA
Related Topics: Clean Air Act (as Amended)

Today, the final boiler MACT and area sources (GACT) rules, as well as the CISWI rule and the identification of non-hazardous secondary materials that are solid waste rule, were published in the Federal Register.  Simultaneously, EPA published its notice of reconsideration of those rules.  The agency stated that it was

…in the process of developing a proposed reconsideration notice that identifies the specific elements of the rules for which we believe further public comment is appropriate and any provisions that we propose to modify after more fully evaluating the data and comments already received.  At that time, we may also seek public comment on other aspects of the portions of the rules we decide to reconsider in addition to other provisions in these rules. We will also evaluate any petitions submitted to the Agency by members of the public requesting that the Agency reconsider any aspects of these rules. We intend to consider for inclusion in any forthcoming proposed reconsideration notice all additional issues for which we determine that reconsideration is appropriate.

Issues highlighted by the agency for reconsideration in this notice included:

  • Revisions to the proposed subcategories in the major source boilers rule;
  • Establishment of a fuel specification in the major source boilers rule through which gas-fired boilers that use a fuel other than natural gas may be considered Gas 1 units.
  • Establishing work practice standards for limited use major source boilers
  • Establishment of standards for biomass and oil-fired area source boilers based on generally available control technology.
  • Revision of the proposed subcategory for energy recovery units for CISWI units.
  • Establishment of limitations on fuel switching provisions for CISWI units.
  • Revision to the proposed definition of CISWI to exclude cyclonic burn barrels.
  • Providing an affirmative defense for malfunction events for major and area source boilers and for CISWI units.
  • Revisions to the proposed monitoring requirements for carbon monoxide for major source boilers and for CISWI units.
  • Revisions to the proposed dioxin emission limit and testing requirement for major source boilers.
  • Establishing a full-load stack test requirement for carbon monoxide coupled with continuous oxygen monitoring for major source boilers and CISWI units.
  • Establishing a definition of ``homogenous waste'' in the CISWI rule.
  • Setting PM standards under generally available control technology for oil-fired area source boilers.
  • Certain findings regarding the applicability of Title V permitting requirements for area source boilers.






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