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EPA/AR RIN: 2060-AQ25 Publication ID: Fall 2010 
Title: National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters 
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). This regulatory action will finalize emission standards for boilers and process heaters located at major sources. Section 112(d)(2) requires that emission standards for major sources be based on the maximum achievable control technology (MACT). Industrial boilers and institutional/commercial boilers are on the list of section 112(c)(6) source categories. In this rulemaking, EPA will finalize 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: 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, 2011.  01/16/2011 
NPRM  Judicial  60-day extension granted on June 30, 2009. An additional 2 weeks was subsequently granted. Signature date: April 29, 2010.  04/29/2010 

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: EPA estimates the total national capital cost for the final rule to be approximately $9.5 billion in the year 2013, with a total national annual cost of $2.9 billion in the year 2013. The annual cost, which considers fuel savings, includes control device operation and maintenance as well as monitoring, recordkeeping, reporting, and performance testing. EPA estimates that implementation of the rulemaking, as proposed, would reduce nationwide emissions from major source boilers and process heaters by: 15,000 pounds per year of mercury, 3,200 tpy of non-mercury metals, 37,000 tpy of HCl, 50,000 tpy of PM, 340,000 tpy of SO2, 722 grams per year of dioxin and 1,800 tpy of volatile organic compounds. These emissions reductions would lead to the following annual health benefits. In 2013, this rule will protect public health by avoiding 1,900 to 4,800 premature deaths, 1,300 cases of chronic bronchitis, 3,000 nonfatal heart attacks, 3,200 hospital and emergency room visits, 3,000 cases of acute bronchitis, 250,000 days when people miss work, 33,000 cases of aggravated asthma, and 1,500,000 acute respiratory symptoms. The monetized value of the benefits ranges from $17 billion to $41 billion in 2013--outweighing the costs by at least $14 billion.

Risks: Not yet determined.

Action Date FR Cite
NPRM  06/04/2010  75 FR 32006   
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  06/00/2011    
Additional Information: EPA publication information: NPRM -; Split from RIN 2060-AM44. 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-2002-0058
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: 221 Utilities; 321 Wood Product Manufacturing; 322 Paper Manufacturing; 325 Chemical Manufacturing; 611 Educational Services 
RIN Data Printed in the FR: Yes 
Related RINs: Related to 2060-AM44 
Agency Contact:
Brian Shrager
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-7689
Fax:919 541-5450

RobertJ Wayland
Environmental Protection Agency
Air and Radiation
RTP, NC 27711
Phone:919 541-1045
Fax:919 541-5450