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EPA/AR

RIN: 2060-AM44

Publication ID: Fall 2009

Title: Combined Rulemaking for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources
Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory requirements for EPA's stationary source air toxics program. Section 112 mandates that EPA develop standards for hazardous air pollutants (HAP) for both major and area sources listed under section 112(c). Section 112(k) requires development of standards for area sources which account for 90% of the emissions in urban areas of the 30 urban (HAP) listed in the Integrated Urban Air Toxics Strategy. These area source standards can require control levels which are equivalent to either maximum achievable control technology (MACT) or generally available control technology (GACT). The Integrated Air Toxics Strategy lists industrial boilers and commercial/institutional boilers as area source categories for regulation pursuant to section 112(c). Industrial boilers and institutional/commercial boilers are on the list of section 112(c)(6) source categories. In this rulemaking, EPA will develop standards for these source categories.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: Private Sector
CFR Citation: 40 CFR 63
Legal Authority: Clean Air Act, sec 112

Legal Deadline:

Action	Source	Description	Date
NPRM	Judicial	A 60 day extension for proposal was granted on June 30, 2009.	04/15/2010
Final	Judicial		12/16/2010

Statement of Need: As a result of the vacatur of the Industrial Boiler MACT, the Agency will develop another rulemaking under CAA section 112 which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other CAA section 112 rules will be considered in developing this regulation.

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

Alternatives: Not yet determined.

Anticipated Costs and Benefits: Not yet determined.

Risks: Not yet determined.

Timetable:

Action	Date	FR Cite
NPRM	04/00/2010
Final Action	12/00/2010

Additional Information: SAN No. 4884. This rulemaking combines the area source rulemaking for boilers and the rulemaking for re-establishing the vacated NESHAP for boilers and process heaters. EPA Docket information: EPA-HQ-OAR-2006-0790
Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Local, State
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations	Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: Yes
Agency Contact: Jim Eddinger Environmental Protection Agency Air and Radiation 109 T.W. Alexander Drive, Mail Code D243-01, Research Triangle Park, NC 27711 Phone:919 541-5426 Email: eddinger.jim@epa.gov Robert J. Wayland Environmental Protection Agency Air and Radiation D243-01, RTP, NC 27711 Phone:919 541-1045 Fax:919 541-5450 Email: wayland.robertj@epamail.epa.gov