The U.S. Environmental Protection Agency (EPA) has issued final Clean Air Act standards for boilers and certain incinerators to reduce toxic air emissions, including mercury and soot. The rule establishes hazardous air pollutant emission standards for new and existing industrial, commercial and institutional boilers and process heaters located at major and area (minor) sources of toxic air pollutants, as well as commercial and industrial solid waste incinerators. The final rule was signed on February 21.
EPA proposed these rules in April 2010, after a rulemaking period that began in 2007 when a federal court vacated a previous proposal for industry specific standards. Based on substantial public input that was received after the April 2010 proposal, EPA has made extensive revisions to the rules proposed at that time.
EPA estimates that the boiler rules will affect about 200,000 units located at large (major) and small (area) sources of hazardous air pollutant emissions across the country. The types of boilers covered by the new standards include:
- Boilers and process heaters at major sources of hazardous or toxic air pollutants, such as refineries, chemical plants, and other industrial facilities, that burn natural gas, fuel oil, coal, biomass or other gases. EPA has further identified some 15 (!) subcategories of regulated boilers and process heaters at major sources.
- Boilers located at area sources of toxic air emissions, including other industrial facilities, universities, hospitals, hotels and commercial buildings that burn fuel oil, coal or biomass. While these units constitute the far greater number of sources, they are responsible for a relatively small amount of the toxic air emissions addressed by the rule.
Drilling, production or workover facilities that are offshore or onshore facilities required to have and submit facility response plans (FRPs) will not be eligible for the proposed extension, and must prepare or update their SPCC Plans in accordance with the rule amendments by November 10 of this year. Other facilities, including onshore oil production facilities, farms, utilities, various manufacturers, petroleum bulk storage and retail, transportation and commercial operations may put off their plan and facility updates until November 10, 2011. 
Starting in January 2011, Clean Air Act permitting requirements for GHGs will apply to large facilities that are already obtaining Clean Air Act permits for other pollutants. Those facilities will be required to include GHGs in their permit if they increase their GHG emissions by 75,000 tons per year (tpy). In July 2011, permitting requirements will expand to cover all new facilities with GHG emissions of at least 100,000 tpy and modifications at existing facilities that would increase GHG emissions by at least 75,000 tpy. The permits must demonstrate the use of best available control technologies to minimize GHG emission increases when facilities are constructed or significantly modified. EPA estimates approximately 900 additional permitting actions covering new sources and modifications to existing sources would be subject to review each year. In addition, 550 sources will need to obtain operating permits for the first time because of their GHG emissions.
One of the proposed rules addresses boilers at area sources – facilities that potentially emit less than 10 tons per year (tpy) of any single hazardous air pollutant or 25 tpy of combined air toxics. The rule will apply to facilities with boilers that burn coal, oil or biomass (i.e., wood), but not waste materials. New boilers that burn coal would need to meet emission standards for mercury, particulates and carbon monoxide. New boilers burning oil or biomass will need to meet emission limits for particulates and carbon monoxide. Existing large boilers (heat input of 10 million Btu/hr or greater) that burn coal will be required to meet emission limits for mercury and carbon monoxide; existing large boilers that are oil or biomass-fired will have an emission limit for carbon monoxide, only. The rule requires that all facilities with large boilers conduct an energy assessment to identify practicable conservation measures. Facilities with small boilers will be required only to conduct a boiler tune-up at least once every two years.
