The EPA's Proposed Area Source Boiler Rule: Stringent Requirements Sought For Broad Array of Facilities

June 28, 2010
Katherine L. Vaccaro
The Legal Intelligencer

On June 4, 2010, the Environmental Protection Agency published in the Federal Register the new proposed National Emission Standards for Hazardous Air Pollutants (NESHAP) for major sources for industrial, commercial, and institutional boilers and process heaters, (the Proposed Boiler MACT). (See 75 Fed. Reg. 32006.) The Proposed Boiler MACT would apply to existing and new industrial, commercial and institutional boilers and process heaters located at major sources of hazardous air pollutants (HAPs). Facility owners and operators and industry groups have been anticipating the issuance of the Proposed Boiler MACT since June 2007, when the D.C. Circuit Court of Appeals vacated the original NESHAP for boilers and process heaters at major sources.

Also on June 4, the EPA published in the Federal Register proposed NESHAP for industrial, commercial, and institutional boilers located at area sources of HAPs, (the Proposed Area Source Boiler Rule). (See 75 Fed. Reg. 31896.) The Proposed Area Source Boiler Rule would apply to thousands of facilities, such as schools and universities, hospitals, municipal buildings and small manufacturing facilities, that were not subject to the original NESHAP for major source boilers and, therefore, might not have been aware that new standards for area sources were forthcoming. This article will focus on the Proposed Area Source Boiler Rule.

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