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EPA/AR

RIN: 2060-AM44

Publication ID: Fall 2010

Title: National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers
Abstract: The Clean Air Act (CAA) requires that EPA develop standards for toxic air pollutants, also known as hazardous air pollutants or air toxics for certain categories of sources. These pollutants are known or suspected to cause cancer and other serious health and environmental effects. This regulatory action will develop emission standards for boilers located at area sources. An area source facility emits or has the potential to emit less than 10 tons per year (tpy) of any single air toxic or less than 25 tpy of any combination of air toxics. Boilers burn coal and other substances such as oil or biomass (e.g., wood) to produce steam or hot water, which is then used for energy or heat. Industrial boilers are used in manufacturing, processing, mining, refining, or any other industry. Commercial and institutional boilers are used in commercial establishments, medical centers, educational facilities and municipal buildings. The majority of area source boilers covered by this proposed rule are located at commercial and institutional facilities and are generally owned or operated by small entities. EPA estimates that there are approximately 183,000 existing area source boilers at 91,000 facilities in the United States and that approximately 6,800 new area source boilers will be installed over the next 3 years. The rule will cover boilers located at area source facilities that burn coal, oil, biomass, or secondary "non-waste" materials. Natural gas-fired area source boilers are not part of the categories to be regulated. The rule will reduce emissions of a number of toxic air pollutants including mercury, metals, and organic air toxics. The standards for area sources must be technology-based. Standards for area sources can be based on either generally available control technology (GACT), or maximum achievable control technology (MACT). To determine GACT, we look at methods, practices and techniques that are commercially available and appropriate for use by the sources in the category. We consider the economic impacts on sources in the category and the technical capabilities of the firms to operate and maintain the emissions control systems. MACT can be based on the emissions reductions achievable through application of measures, processes, methods, systems, or techniques, but must at least meet minimum control levels as defined in the Clean Air Act. Economic impacts cannot be considered when determining those minimum control levels.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Yes	Unfunded Mandates: State, local, or tribal governments; Private Sector
CFR Citation: 40 CFR 63
Legal Authority: Clean Air Act sec 112

Legal Deadline:

Action	Source	Description	Date
Final	Judicial	30-day extension granted from December 16, 2010.	01/16/2011
NPRM	Judicial	60-day extension granted on July 30, 2009. Additional 2-week extension was subsequently granted, and the signature date was April 29, 2010.	05/07/2010

Statement of Need: Section 112(c)(3) of the CAA requires EPA to develop rules to reduce specific air toxics emissions (30 urban toxic pollutants) that have been identified as posing the greatest threat to public health in the largest number of urban areas as a result of emissions from certain categories of area sources. Industrial boilers and institutional/commercial boilers are listed as two of the area source categories for regulation. In addition, both industrial boilers and commercial/institutional boilers are on the list of CAA 112(c)(6) source categories which requires that those categories be subject to MACT regulation for specific air toxics. These two categories were included on the list because of emissions of mercury and polycyclic organic matter (POM).

Summary of the Legal Basis: Clean Air Act, section 112.

Alternatives: Not yet determined.

Anticipated Costs and Benefits: EPA estimates the total nationwide capital cost for the rulemaking for existing and new boilers, as proposed, to be approximately $2.5 billion, with an annualized cost of 1 billion. The annual cost includes control device operation and maintenance and annual boiler tuneups, as well as monitoring, recordkeeping, reporting, and performance testing. EPA estimates that the proposal would reduce nationwide emissions from existing and new area source boilers by approximately 1,500 tons per year (tpy) of total air toxics, 1,500 pounds per year of mercury, 250 tpy of non-mercury metals, 9 tpy of POM, and 7,600 tpy of PM. These emissions reductions will lead to significant annual health benefits. In 2013, this rule will protect public health by avoiding: 110 to 300 premature deaths, 81 cases of chronic bronchitis, 190 nonfatal heart attacks, 169 hospital and emergency room visits, 190 cases of acute bronchitis, 16,000 days when people miss work, 2,100 cases of aggravated asthma, and 95,000 acute respiratory symptoms. The monetized benefits of this proposed regulatory action are estimated to range from $1 billion to $2.4 billion and $900 million to $2.2 billion, at 3 percent and 7 percent discount rates, respectively.

Risks: Not yet determined.

Timetable:

Action	Date	FR Cite
NPRM	06/04/2010	75 FR 31895
NPRM Extension of Comment Period	06/09/2010	75 FR 32682
NPRM Comment Period End	07/19/2010
NPRM Comment Period Extended To	08/03/2010
Final Action	01/00/2011

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480afbb98; Related to RIN 2060-AQ25.; EPA Docket information: EPA-HQ-OAR-2006-0790
Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations	Federalism: Yes
Included in the Regulatory Plan: Yes
Sectors Affected: 321 Wood Product Manufacturing; 44-45 Retail Trade; 611 Educational Services; 62 Health Care and Social Assistance
RIN Data Printed in the FR: Yes
Related RINs: Related to 2060-AQ25
Agency Contact: Mary Johnson Environmental Protection Agency Air and Radiation 109 T.W. Alexander Drive, Mail Code D243-01, Research Triangle Park, NC 27711 Phone:919 541-5025 Email: johnson.mary@epa.gov Robert J. Wayland Environmental Protection Agency Air and Radiation C439-01, Research Triangle Park, NC 27711 Phone:919 541-1045 Email: wayland.robertj@epamail.epa.gov