Boiler MACT - National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters

On September 13, 2004, the EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters. The rule is commonly referred to as Boiler MACT. The final rule is effective November 12, 2004. Please see a Boiler MACT presentation by Optim at the MEC symposium in Cincinnati for overview.

National Emission Standards for Hazardous Air Pollutants for Source Categories: General Provisions; and Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)

SUMMARY: In this action, EPA is adopting final amendments to the General Provisions for national emission standards for hazardous air pollutants (NESHAP) and to the rule which establishes criteria and procedures for equivalent emission limitations adopted pursuant to Clean Air Act (CAA) section 112(j). These final rule amendments establish a new timetable for the submission of section 112(j) Part 2 applications. These final rule amendments also establish revised procedures for requests for applicability determination previously submitted under the section 112(j) rule, and for section 112(j) applications submitted by sources that previously obtained a case-by-case determination under CAA section 112(g). These final rule amendments also adopt various amendments to the NESHAP General Provisions governing startup, shutdown, and malfunction (SSM) plans, some of which were proposed by EPA pursuant to a settlement agreement in a judicial action concerning the prior amendments published on April 5, 2002.

EFFECTIVE DATE: May 30, 2003.

EPA seeks comments on proposed removal of methyl ethyl ketone (MEK) (2-Butanone) from the CAA HAP list (CAS No. 78-93-3)

The EPA is proposing to amend the list of hazardous air pollutants (HAP) contained in section 112(b)(1) of the Clean Air Act (CAA) by removing MEK. This action is being taken in response to a petition submitted by the Ketones Panel of the American Chemistry Council (formerly the Chemical Manufacturers Association) on behalf of MEK producers and consumers to delete MEK from the HAP list. Petitions to remove a substance from the HAP list are permitted under section 112(b)(3) of the CAA.
The proposed rule is based on EPA's evaluation of the available information concerning the potential hazards and projected exposures to MEK. EPA has made an initial determination that there are adequate data on the health and environmental effects of MEK to determine that emissions, ambient concentrations, bioaccumulation, or deposition of the compound may not reasonably be anticipated to cause adverse human health or environmental effects. This action includes a detailed rationale for delisting MEK, and EPA requests comment on the proposal.

DATES: Written comments on the proposed rule must be received by August 28, 2003.

National Emissions Standards for Hazardous Air Pollutants:
Reinforced Plastic Composites Production
Final Rule

This action promulgates national emissions standards for hazardous air pollutants (NESHAP) for new and existing reinforced plastic composites production facilities. The NESHAP regulate production and ancillary processes used to manufacture products with thermoset resins and gel coats. Reinforced plastic composites production facilities emit hazardous air pollutants (HAP), such as styrene, methyl methacrylate (MMA), and methylene chloride (dichloromethane). The NESHAP will implement section 112(d) of the Clean Air Act (CAA) by requiring all major sources in this category to meet HAP emissions standards reflecting the application of the maximum achievable control technology (MACT). We estimate the final NESHAP will reduce nationwide emissions of HAP from these facilities by
approximately 7,682 tons per year (tpy) (43 percent).

EFFECTIVE DATE: April 21, 2003.

National Emission Standards for Hazardous Air Pollutants:
Stationary Combustion Turbines

Under Section 112(d) of the Clean Air Act of 1990 (CAA), the U.S. Environmental Protection Agency (EPA) is required to develop national emission standards for hazardous air pollutants (NESHAP) for source categories.   The EPA has determined that combustion turbines may be major sources for emissions of one or more of the hazardous air pollutants (HAPs) listed in Section 112(b) of the CAA.   The source category list schedule published by EPA requires that the NESHAP for this source category be promulgated by November 15, 2000.   Regulatory activity for other Combustion-Related Rules is also available.

New Source Review Program Revisions

On Friday, November 22, EPA announced a final and a proposed rule to improve the New Source Review (NSR) program, to increase energy efficiency and encourage emissions reductions. According to EPA, these new improvements will offer facilities greater flexibility to improve and modernize their operations.  These changes in the NSR program will encourage pollution prevention, provide incentives to install state-of-the-art pollution controls and improve how emissions estimates are calculated.

Maximum Achievable Control Technology: Part 2 Application Submittal Deadline

In the current regulations, USEPA requires that a maximum achievable control technology (MACT) Part 2 application be submitted within 24 months of submittal of a Part 1 application (Federal Register - April 5, 2002) resulting in a deadline of May 15, 2004. However, pursuant to a recent settlement agreement between USEPA and Sierra Club, the deadline for submittal of the MACT Part 2 application has been proposed for May 15, 2003. The proposed rule is expected to be published in the Federal Register by October 15, 2002 and the final rule by March 15, 2003.

Section 112(j) of the Clean Air Act (CAA) ensures control of hazardous air pollutant (HAP) emissions even if the United States Environmental Protection Agency (USEPA) fails to promulgate a Section 112(d) MACT standard within eighteen (18) months after the scheduled promulgation deadline. Because Section 112(j) only applies if the USEPA misses a Section 112(d) MACT standard deadline, Section 112(j) is commonly referred to as the "MACT Hammer." The USEPA missed the promulgation deadline for several Section 112(d) MACT standards on November 15, 2000; therefore, Section 112(j) applies to processes and emissions units within those source categories for which Section 112(d) MACT standards are not promulgated by May 15, 2002. On April 5th 2002, the USEPA completed a revision to the Section 112(j) rules that allows for a two-part application process. The Part 1 of the 112(j) application requires the submission of basic information regarding the source and an identification and brief description of the affected source category or categories to which the source belongs. The MACT Part 1 application was due April 15, 2002 and was required to be submitted to both USEPA and local state agencies.

The MACT Part 2 application must contain the following information:

- the HAP emissions (uncontrolled and controlled) from each emission unit for which a MACT standard category exists and the MACT standard has not been promulgated

- identification of any existing Federal/State applicable requirements for each emission unit

- identification of control technology in place for the emission units

- information relevant to establishing the MACT floor

- any other information as required by the state EPA.

Inclusion of the following information in the MACT Part 2 application is optional:

- recommended emission limitation and/or a specific design, equipment, work practice, or operational standard, or combination thereof, as an emission limitation

- a description of the control technologies that the facility would apply to meet the emission limitation

- relevant parameters to be monitored and frequency of monitoring to demonstrate continuous compliance with the MACT emission limitation.

Lead and Lead Compounds; Lowering of Reporting Thresholds; Community Right-to-Know Toxic Chemical Release Reporting

EPA is lowering the reporting thresholds for lead and lead compounds which are subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). The reporting thresholds are being lowered to 100 pounds. The lower reporting thresholds apply to lead and all lead compounds except for lead contained in stainless steel, brass, and bronze alloys. EPA is taking these actions pursuant to its authority under EPCRA section 313(f)(2) to revise reporting thresholds. Today's actions also include modifications to certain reporting exemptions and requirements for lead and lead compounds.

[Federal Register: January 17, 2001 (Volume 66, Number 11)]

National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills
This action proposes national emission standards for hazardous air pollutants (NESHAP) for municipal solid waste (MSW) landfills. The proposed rule is applicable to both major and area landfill sources, and contains the same requirements as the Emission Guidelines and New Source Performance Standards (EG/NSPS) for MSW landfills. The proposed rule adds startup, shutdown, and malfunction (SSM) requirements, adds operating condition deviations for out-of-bounds monitoring parameters, and changes the reporting frequency for one type of report.

[Federal Register: November 7, 2000 (Volume 65, Number 216)]

Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units

This notice presents EPA's finding required by section 112(n)(1)(A) of the Clean Air Act (CAA) as to whether regulation of emissions of hazardous air pollutants (HAP) from fossil fuel-fired electric utility steam generating units (as defined in section 112(a)(8) of the CAA) is appropriate and necessary. This finding is based on the results of EPA's February 1998 ``Study [[Page 79826]] of Hazardous Air Pollutant Emissions from Electric Utility Steam Generating Units--Final Report to Congress' (utility RTC), and on information obtained subsequent to the utility RTC concerning HAP emissions to the atmosphere from electric utility steam generating units. In the utility RTC, the EPA indicated that coal- and oil-fired electric utility steam generating units are significant emitters of HAP, including mercury which is emitted from coal-fired units, and which EPA identified as the HAP of greatest concern to public health from the industry. Based on the available information, the Administrator finds that regulation of HAP emissions from coal- and oil-fired electric utility steam generating units under section 112 of the CAA is appropriate and necessary. As a result, this notice adds coal-and oil-fired electric utility steam generating units to the list of source categories under section 112(c) of the CAA. Also in the utility RTC, the EPA indicated that the impacts due to HAP emissions from natural gas-fired electric utility steam generating units were negligible based on the results of the study. The Administrator finds that regulation of HAP emissions from natural gas-fired electric utility steam generating units is not appropriate or necessary. The EPA does not believe that the definition of electric utility steam generating unit found in section 112(a)(8) of the CAA encompasses stationary combustion turbines. Therefore, the finding concerning natural-gas fired electric utility steam generating units does not apply to stationary combustion turbines.

[Federal Register: December 20, 2000 (Volume 65, Number 245)]

Consolidated Federal Air Rule; Synthetic Organic Chemical Manufacturing Industry; Final Rule

This action promulgates a consolidated Federal air rule for the Synthetic Organic Chemical Manufacturing Industry (SOCMI). In this final rule, we (EPA) consolidate major portions of several new source performance standards (NSPS) and national emission standards for hazardous air pollutants (NESHAP) applicable to storage vessels, process vents, transfer operations, and equipment leaks within the SOCMI. The final rule pulls together applicable Federal SOCMI rules into one integrated set of rules in order to simplify, clarify, and improve implementation of the existing rules with which source owners or operators must comply. The consolidated rule is an optional compliance alternative for SOCMI sources; sources may simply continue to comply with existing applicable rules or choose to comply with the final consolidated rule. The effects of this consolidation are to improve understandability, reduce burden, clarify requirements, and improve implementation and compliance. This document also announces the effective date of information collection requirements in a subpart in the Code of Federal Regulations relating to standards of performance for volatile organic compound emissions from the synthetic organic chemical manufacturing industry reactor processes which was originally published in the Federal Register on August 31, 1993.

[Federal Register: December 14, 2000 (Volume 65, Number 241)]

Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio

EPA is redesignating Cuyahoga and Jefferson Counties, Ohio, to attainment for particulate matter nominally 10 microns in aerodynamic diameter and smaller (PM10). EPA is also approving Ohio's plan for maintaining air quality at levels below the applicable air quality standards. EPA proposed these actions on July 10, 2000. One commenter submitted numerous comments, generally taking the position that the criteria for redesignation to attainment given in Clean Air Act section 107(d)(3)(E) are not met. EPA has reviewed these comments and, for the reasons set forth below, continues to believe that the redesignation criteria have been met and that these areas may be redesignated and their maintenance plans approved. The Steubenville area includes portions of Brooke County, West Virginia, as well as Jefferson County, Ohio. For administrative convenience EPA is taking action only on the Ohio portion of this area. Nevertheless, the action reflects review of air quality for the entire area and Ohio's fulfillment of its portion of an area-wide attainment plan that it developed jointly with West Virginia. In the future, if the standard is violated in either portion of the area, such that redesignation back to nonattainment is warranted, EPA will propose to reinstate nonattainment status for the entire area.

[Federal Register: December 11, 2000 (Volume 65, Number 238)]