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EPA/AR

RIN: 2060-AM44

Publication ID: Spring 2011

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: Completed Actions
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 ext granted from 12/16/2011 and then again to 2/21	02/21/2011
NPRM	Judicial	60 day ext. granted on 6/30/09. Additional 2-week extension was subsequently granted, and the signature date was 4//29/10	05/07/2010

Timetable:

Action	Date	FR Cite
NPRM	06/04/2010	75 FR 31895
NPRM Comment Period End	07/19/2010
NPRM Extension of Comment Period	06/09/2010	75 FR 32682
NPRM Extension of Comment Period End	08/03/2010
Final Action	03/21/2011	76 FR 15554

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: No
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