The proposed reconsidered Boiler MACT and Area Source Boiler rules were published in today’s Federal Register.  Comments are due March 9 for both rules. 

These reconsidered boiler proposals are addressing issues which were raised in amendments to the 2011 Boiler standards; those amendments were finalized on January 31 / February 1, 2013. 

Within the Boiler MACT proposal, EPA is seeking public comment on three issues the agency has agreed to reconsider:

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

It also proposes a host of clarifications and technical corrections and to delete the affirmative defense for malfunctions (based on a DC Circuit decision).

Within the area source boiler rule, EPA is seeking public comment specifically on five issues which the agency has agreed to reconsider:

• 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.

Like the Major Source proposal, it also proposes a host of clarifications and technical corrections and to delete the affirmative defense for malfunctions (based on a DC Circuit decision).

According to EPA’s Fall 2014 Regulatory agenda, which the Agency had unveiled at the end of November, EPA estimates that it will finalize the reconsidered rules in July 2015.