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Originally issued by the U.S. Environmental Protection Agency in 2004, the Major Source Boiler MACT (Maximum Achievable Control Technology) is one of the most far-reaching and complex regulations of the last decade for our industry. Its intent was to substantially reduce emissions of toxic air pollutants from industrial, commercial and institutional boilers.
AHFA worked with the EPA and other stakeholders over a period of many years to ensure that the rule used a common-sense approach that exempted smaller, solid fuel, wood-fired boilers such as those used throughout much of the domestic furniture manufacturing industry. These boilers combust a clean, renewable energy source (wood) that is a by-product of the manufacturing process. The emissions from these boilers pose no significant human health risk nor have any significant impact on the environment.
Unfortunately, the rule was vacated by the DC Circuit Court in June 2007. A proposed new rule was released in April 2010 that lumped small, wood-fired boilers in with larger boilers to create a single category of emission sources for evaluation. AHFA worked with agency officials throughout 2011 to try and have the dry wood subcategory reinstated.
In 2012, AHFA completed “stack testing” to augment the EPA’s data on pollutants contained in the 2010 revision of the Boiler MACT. Results of the testing were mixed. Affected companies need controls and best practices to meet the CO, HCI and particulate emission requirements.
In January 2013, the EPA issued a final, reconsidered rule that (among other things) reinstated the subcategory for dry wood biomass fuel. The rule now clearly states that resonated wood is not a solid waste and can be burned for energy recovery purposes. It also nullifies any penalties for transferring those substances.
Without this concession, the boiler rule would have destroyed what remains of the domestic furniture manufacturing industry. It was, perhaps, the single most important regulatory victory in AHFA’s recent history.
Despite this, the EPA is still reconsidering specific aspects of the rule and several groups have filed litigation against the rule. However, it is widely believed that the 2013 version of the rule will stand and only minor changes may occur as the result of reconsideration or litigation. Boilers will be required to comply with the finalized requirements by January 31, 2016. Each compliance situation is unique. Affected facilities should be planning and implementing compliance plans.
This section includes links to the most recent regulatory activity related to the Boiler Rule.
EPA is no longer accepting paper submittals of the Notification of Compliance Status (NOCS) for Energy Assessments for area source boilers. The agency now requires the NOCS to be submitted electronically to the Compliance and Emissions Data Reporting Interface (CEDRI). http://www.epa.gov/ttn/atw/boiler/boilerpg.html
March 4, 2014
The EPA finalizes changes to the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (subpart JJJJJJ), as well as the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (subpart DDDDD). http://www.epa.gov/airquality/combustion/actions.html
December 21, 2012
This section includes alerts sent to the AHFA membership on the Boiler MACT.» EPA Announces “Limited Reconsideration” for Combustion Rules
(Members only; log in to access.) August 23, 2013 » New Deadline for Area Source Boiler Tune-Ups
(Members only; log in to access.) March 20, 2012
This section includes links to documents that help AHFA member companies meet Boiler MACT compliance requirements.
» Boiler MACT Compliance Manual-December 2004
(Members only; log in to access.)December 2004
Boiler MACT Update
May 15, 2014
The EPA has proposed taking a voluntary remand of certain provisions of the Boiler MACT rules for major and area sources. The agency has filed a motion with the federal court laying out a complex approach to addressing its use of the upper prediction limit (UPL) in developing MACT standards. In this webinar, the EPA’s proposal and the potential outcomes in the litigation are summarized. In addition, implications for facilities that are developing Boiler MACT compliance strategies are discussed. The presentation will includes a general update on Boiler MACT issues, including a review of compliance dates, lessons learned from the implementation of Section 112(j) permitting, and recent developments affecting startup, shutdown and malfunction events. Presenters are Dean Kaiser of Stratus Environmental and Bill Lane of Kilpatrick Townsend.
View Presentation (Includes PDF versions)
Boiler MACT Update
September 11, 2012
EPA’s Major Source Boiler MACT continues to slowly work its way through the reconsideration process. Originally published in March 2011, the rule has been undergoing reconsideration by EPA since that time.
The presenters, Dean Kaiser, principal project manager for Stratus Environmental Solutions, and Bill Lane, a partner in the law firm Kilpatrick Townsend & Stockton, discuss the current status of EPA’s reconsideration proposal. They provide an update of AHFA’s recent activities, including their meeting with the Office of Management and Budget where the rule is currently under review focusing on the potential outcomes for the emission limitations that are of interest to AHFA members. They also review the current status of related litigation, and anticipated actions that may be taken in response to the issuance of the final rule.
View Presentation (Includes PDF versions)» National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; Final rule; Notice of final action on reconsideration.
(Members only; log in to access.) February 1, 2013 » National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers; Final rule; Notice of final action on reconsideration.
(Members only; log in to access.) January 31, 2013