USEPA Issues Revised Clean Air Act Standards for Boilers and Incinerators

U.S. Environmental Protection Agency (EPA) is issuing final Clean Air Act standards for boilers and certain incinerators to achieve reductions in toxic air emissions, including mercury and soot, while cutting the cost of implementation by about 50 percent from an earlier proposal issued last year.

EPA issued proposed rules in April 2010. Based upon public input received following the April 2010 proposal, EPA has made extensive revisions to reduce the cost of implementation, pollution control equipment and maintenance by about 50% or $1.8 billion while still achieving significant pollution reductions.

About 200,000 boilers are located at small and large sources of air toxic emissions across the country. The final standards require many types of boilers to follow work practice standards to reduce emissions.   EPA is working with the departments of Energy (DOE) and Agriculture (USDA) to provide facilities impacted by the standards with technical assistance that will help boilers burn cleaner and more efficiently. DOE will work with large coal and oil-burning sources to help them identify clean energy strategies that will reduce harmful emissions and make boilers run more efficiently and cost-effectively. In addition, USDA will reach out to small sources to help owners and operators understand the standards and their cost and energy saving features.

The types of boilers and incinerators covered by the updated standards include:

·       About 13,800 boilers located at large sources of air pollutants, including refineries, chemical plants, and other industrial facilities. The standards seek reductions in emissions of harmful pollutants including  mercury, organic air toxics and dioxins. EPA estimates that the costs of implementation have been reduced by $1.5 billion from the proposed standard.

·       About 187,000 boilers located at small sources of air pollutants, including universities, hospitals, hotels and commercial buildings that may be covered by these standards. Due to the small amount of emissions these sources are responsible for, EPA has limited the impact of the final rule making on small entities. The original standards for these have been dramatically refined and updated to ensure flexibility for these sources, including for some sources, revising the requirement from maximum achievable control technology to generally available control technology. The cost reduction from the proposed standard to the final is estimated to be $209 million.

·       88 solid waste incinerators that burn waste at a commercial or an industrial facility, including cement manufacturing facilities. Facilities will need to meet the standards by 2016 with reductions in emissions of harmful pollutants including mercury, lead, cadmium, nitrogen dioxide and particle pollution. The cost reduction from the proposed standard to the final is estimated to be $12 million.

Because the final standards significantly differ from the proposals, EPA believes further public review is required.   Therefore, EPA will reconsider the final standards under a Clean Air Act process that allows the agency to seek additional public review and comment to ensure full transparency.  EPA's reconsideration will cover the emissions standards for large and small boilers and for solid waste incinerators. EPA will release additional details on the reconsideration process in the near future to ensure the public, industry and stakeholders have an opportunity to participate.

In separate but related actions, EPA is finalizing emission standards for sewage sludge incinerators. Of the more than 200 sewage sludge incinerators across the country, EPA expects that over 150 are already in compliance. These standards will reduce emissions of harmful pollutants including mercury, lead, cadmium, and hydrogen chloride from the remaining 50 that may need to leverage existing technologies to meet the new standards.

EPA has also identified which non-hazardous secondary materials are considered solid waste when burned in combustion units. This distinction determines which Clean Air Act standard is applied when the material is burned. The non-hazardous secondary materials that can be burned as non-waste fuel include scrap tires managed under established tire collection programs. This step simplifies the rules and provides additional clarity and direction for facilities. To determine that materials are non-hazardous secondary materials when burned under today's rule, materials must not have been discarded and must be legitimately used as a fuel.

The emissions standards for sewage sludge incinerators and the definition of solid waste are not part of the reconsideration.

USEPA Proposes First National Standard for Mercury Pollution from Power Plants

In response to a court deadline, on March 16, 2011, the U.S. Environmental Protection Agency (EPA) proposed the first-ever national standards for mercury, arsenic and other toxic air pollution from power plants.  The new power plant mercury and air toxics standards would require many power plants to install pollution control technologies to cut harmful emissions of mercury, arsenic, chromium, nickel and acid gases. 

 

The proposed rule provides up to 4 years for facilities to meet the standards and, once fully implemented, will prevent 91 percent of mercury in coal from being released into the air.

More than 20 years ago, the 1990 Clean Air Act Amendments mandated that USEPA require control of toxic air pollutants including mercury.  Since then, USEPA has taken action to reduce mercury emissions from many high-emitting sources; however, there is still no national standard for mercury emissions from power plants.  In October 2009, USEPA entered into a consent decree that required a proposal to be signed by March 16, 2011, and a final rule to be completed by November 2011.

The proposed rule will be published in the Federal Register.  This will start a 60-day public comment period to allow stakeholders including the public, industry and public health communities, to provide important input and feedback, ensuring that any final standard maximizes public health benefits while minimizing costs.

As part of the public comment process, USEPA will also hold public hearings on this proposed rule. Additional details on these events will be announced at a future date.

More information: http://www.epa.gov/airquality/powerplanttoxics/ 

USEPA Wants Feedback on Boating Management Practices

The Clean Boating Act of 2008 directs USEPA to take steps to limit the impact of pollution and the spread of invasive species associated with the discharge from boats. The USEPA is seeking public comment from boaters and other stakeholders to help develop proposed regulations to reduce water pollution and the spread of invasive species in the nation's rivers, lakes and other waterbodies.

As an alternative to permits required for commercial vessels, the act directs USEPA to develop and promulgate management practices for recreational vessels.

The important input received through this process will help guide the development of proposed regulations to mitigate adverse effects from recreational boat discharges, such as bilgewater, graywater, and deck runoff that may contain substances harmful to water quality or spread invasive species.

Based on the important input received, USEPA will seek to develop appropriate management practices and performance standards that protect waterways while also working with the U.S. Coast Guard, which will establish regulations governing the design, construction, installation, and use of management practices. Implementation of these management practices will allow boaters and other water enthusiasts to continue enjoying U.S. waterbodies while protecting water quality.

EPA is holding listening sessions and conducting webinars to inform interested parties about the Clean Boating Act and receive public input.

USEPA has a summary of the proposed rulemaking and guidelines for people to follow to submit comments at:

http://yosemite.epa.gov/opei/rulegate.nsf/byRIN/2040-AF03?opendocument#3