Federal Emissions Standards for Boilers/Solid Waste Incinerators
Most Recent Action
On March 13, 2012, the EPA issued a No Action Assurance Letter for initial tune-up deadlines. This means that although the rule states that initial tune-ups for area sources must be completed by March 21, 2012, the EPA will not pursue enforcement action for violations of initial tune-up deadlines in the Area Source Boiler rule. The EPA proposed to extend the compliance date for initial tune-ups from March 21, 2012 until March 21, 2013 in its December 2011 amendments to the Commercial and Industrial Solid Waste Incinerators (CISWI) and Non-Hazardous Secondary Material (NHSM) Rule. The EPA intends to finalize the changes in April 2012.
Background
The Clean Air Act (CAA) requires the EPA to develop and adopt NSPS and EG for solid waste incineration units including Commercial/Industrial Solid Waste Incinerators (CISWI). NSPS and EG standards issued in 2000 required new and existing incinerators to control emissions of the following nine pollutants: hydrogen chloride, carbon monoxide, lead, cadmium, mercury, particulate matter, dioxins/furans, nitrogen oxides, and sulfur dioxide to levels that reflect the degree of emission reduction based on the maximum achievable control technology (MACT).
After promulgation of the final 2000 CISWI standards, the EPA received and granted a request for reconsideration, pursuant to section 307(d)(7)(B) of the CAA, related to the definition of “commercial and industrial solid waste incineration unit” and “commercial or industrial waste” in the EPA’s CISWI rulemaking. The United States Court of Appeals for the District of Columbia Circuit also granted the EPA’s request for a voluntary remand of the 2000 rule. The remand allowed the agency to address concerns related to the EPA’s procedures for establishing MACT standards for CISWI units in light of the U.S. Court of Appeals’ decision in Cement Kiln Recycling Coalition v. EPA.
In 2005, the EPA proposed and finalized the CISWI definitions rule which revised the definition of “solid waste”, “commercial and industrial waste”, and “commercial and industrial waste incineration unit.”
In June 2007, a U.S. Court of Appeals struck down the EPA's Definitions Rule, citing the Clean Air Act requirement that any facility burning solid waste be regulated as a waste combustor, not a boiler. The court ordered the EPA to propose a new CISWI Definitions Rule and Boiler MACT standards by April 29, 2010, and to complete final rules by January 16, 2011. Final rules were released on February 21, 2011.
In addition, this action includes the five-year technology review of the NSPS and EG required under section 129 of the Clean Air Act.
These rules are being issued in conjunction with rules identifying non-hazardous materials that are solid waste. Approximately 200,000 units across the country will be impacted by the proposed rules.
Various final rules were published in the federal register on March 21, 2011. Individual links are located in the specific sections below. At the same time final rules were issued, the EPA also announced that it will "reconsider" certain aspects of the boiler and commercial/industrial solid waste incinerator (CISWI) rules in order to fully address technical issues raised during the comment period.
On December 2, 2011, the EPA proposed amendments to the standards regulating the emissions of hazardous air pollutants (HAPs) from new and existing boilers and process heaters and major and area sources, as well as Commercial and Industrial Solid Waste Incinerators (CISWI). The EPA also proposed revisions to the Non-Hazardous Secondary Material (NHSM) Rule. The EPA intends to finalize the rules in April 2012.
On May 18, 2011 the EPA announced it will delay the effective date for the final rules titled "National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters" and "Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units" until the proceedings for judicial review of these rules are completed or the EPA completes its reconsideration of the rules, whichever is earlier. However, on January 9th, 2012 the United States District Court for the District of Columbia vacated the EPA's stay. Among other things, the court held that the EPA had used the wrong legal standard when it decided to issue the Delay Notice. Although the EPA’s stay of the Boiler MACT rules was vacated, the agency has stated it will not to enforce those standards immediately. In a letter to Sen. Ron Wyden (D-OR), EPA Administrator Lisa Jackson made clear that the EPA will not take actions to enforce the standards that the court reinstated.
On March 13, 2012, the EPA issued a No Action Assurance Letter for initial tune-up deadlines for area sources. This means that although the rule states that initial tune-ups must be completed by March 21, 2012, the EPA will not pursue enforcement action for violations of initial tune-up deadlines in the Area Source Boiler rule.
This rule is part of a group of rules known as the EPA's Regulatory Train Wreck.
Authority
Section 112 of the Clean Air Act (CAA) requires the EPA to set emissions standards for boilers and process heaters. Two different types of sources are covered by the CAA, major sources and area sources. Major sources emit 10 tons of any one toxic air pollutant or 25 tons of all toxic air pollutants each year. Emissions standards, based on the maximum achievable control technology (MACT), must be set for all toxic air pollutants emitted by major sources. Area sources are smaller and may be regulated based on less stringent generally available control technology (GACT), except for certain pollutants which must meet MACT standards.
Section 129 of the Clean Air Act requires the EPA to set emissions standards for nine pollutants (Cadmium, Carbon Monoxide, Dioxins/Furans, Hydrogen Chloride, Lead, Mercury, Oxides of Nitrogen, Particulate Matter, and Sulfur Dioxide) from incinerators, including Commercial/Industrial Solid Waste Incinerators (CISWI).
Natural Resources Defense Council v. EPA, 489 F.3d 1250, ordered the EPA to complete final rules by December 16, 2010.
Standards
Proposed Emissions Standards for Area Source Industrial, Commercial, and Institutional Boilers and Process Heaters
Proposed Emissions Standards, December 23, 2011
Fact Sheet, December 2011
Final Rule (PDF), March 2011
Fact Sheet (PDF), March 2011
Proposed Emissions Standards for Major Source Industrial, Commercial, and Institutional Boilers
Proposed Emissions Standards, December 23, 2011
Fact Sheet, December 2011
Final Rule (PDF), March 2011
Fact Sheet (PDF), March 2011
Proposed Emissions Standards for Commercial/Industrial Solid Waste Incinerators
Proposed Emissions Standards, December 23, 2011
Fact Sheet, December 2011
Final Rule (PDF), March 2011
Fact Sheet (PDF), March 2011
Emissions Standards for Sewage Sludge Incinerators
Final Rule (PDF), March 2011
Fact Sheet (PDF), March 2011
Additional Information
No Action Assurance Letter, March 13, 2012
Letter to Sen. Ron Wyden (D-OR) from EPA Administrator Lisa Jackson making clear the EPA will not take actions to enforce the standards that the court reinstated, January 18, 2012
Reconsideration Fact Sheet, December 2011
Reconsideration Presentation, December 2011
Delay of Effective Date of Rules, May 18, 2011
Reconsideration Notice, February 21, 2011
Power Point presentation about the proposed rules, June 9, 2010
Press Release, April 30, 2010
The Economic Impact of Proposed EPA Boiler/Process Heater MACT Rule on Industrial, Commercial, and Institutional Boiler and Process Heater Operators, IHS Global Insight for Council of Industrial Boiler Owners, August 2010