EPA publishes Boiler MACT rule; compliance dates set

The U.S. Environmental Protection Agency published the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial and Institutional Boilers and Process Heaters; Final Rule Jan. 31 in the Federal Register, starting the clock for compliance with the rule.

Existing structures will have until Jan. 31, 2016 to comply with the rule, while new sources have until Jan. 31, 2013 or startup date, whichever is later, to comply with the rule.

According to the EPA, the final rule will affect 1,700 existing major source facilities with an estimated 14,316 boilers and process heaters. The agency also projects an additional 1,844 new boilers and process heaters to be subject to the final rule over the next three years.

The Boiler Maximum Achievable Control Technology (Boiler MACT) Rule requires owners of industrial, commercial and institutional boilers to comply with the EPA’s standards for air pollutants, including mercury. While the rule was originally issued in March 2011, a stay was issued by the EPA in May 2011 that stopped implementation of the rule while it was revised.

A revised rule was issued in December 2011 that was 50 percent less costly, but a federal judge vacated the EPA’s stay, which reinstated the provisions of the original Boiler MACT rule. The EPA stated it would not enforce any of the administration notification requirements in the original proposal while it worked to finalize the rule. The final rule was issued in December 2012.

The agency will take final action on the rule in April.

To read the Federal Register posting, click here.

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