EPA Finalizes But Will Reconsider Boiler/Incinerator Standards

Because the final standards significantly differ from the proposals, EPA believes further public review is required. Therefore, EPA will reconsider the final standards under a Clean Air Act process that allows the agency to seek additional public review and comment to ensure full transparency. EPA’s reconsideration will cover the emissions standards for large and small boilers and for solid waste incinerators. EPA will release additional details on the reconsideration process in the near future to ensure the public, industry and stakeholders have an opportunity to participate.

The U.S. Environmental Protection Agency (EPA) issued [sort of] final Clean Air Act standards for boilers and certain incinerators that achieve significant public health protections through reductions in toxic air emissions, including mercury and soot, but cut the cost of implementation by about 50 percent from an earlier proposal issued last year.

Mercury, soot, lead and other harmful pollutants released by boilers and incinerators can lead to developmental disabilities in children, as well as cancer, heart disease, aggravated asthma and premature death in Americans. These standards will avoid between 2,600-6,600 premature deaths, prevent 4,100 heart attacks and avert 42,000 asthma attacks per year in 2014.

In response to a September 2009 court order, EPA issued the proposed rules in April 2010. The agency received more than 4,800 comments from businesses and communities across the country in response to the proposed rules. Public input included a significant amount of information that industry had not provided prior to the proposal. Based on this feedback, and in keeping with President Obama’s executive order on regulatory review, EPA revised the draft standards based on the requested input to provide additional flexibility and cost effective techniques.

About 200,000 boilers are located at small and large sources of air toxic emissions across the country. The final standards require many types of boilers to follow practical, cost-effective work practice standards to reduce emissions. The types of boilers and incinerators covered by these updated standards include:

· Boilers at large sources of air toxics emissions: There are about 13,800 boilers located at large sources of air pollutants, including refineries, chemical plants, and other industrial facilities. These standards will reduce emissions of harmful pollutants including mercury, organic air toxics and dioxins at some of the largest pollution sources. EPA estimates that the costs of implementation have been reduced by $1.5 billion from the proposed standard. Health benefits to children and the public associated with reduced exposure to fine particles and ozone from these large source boilers are estimated to be $22 billion to $54 billion in 2014.

· Boilers located at small sources of air toxics emissions: There are about 187,000 boilers located at small sources of air pollutants, including universities, hospitals, hotels and commercial buildings that may be covered by these standards. Due to the small amount of emissions these sources are responsible for, EPA has limited the impact of the final rule making on small entities. The original standards for these have been dramatically refined and updated to ensure maximum flexibility for these sources, including for some sources, revising the requirement from maximum achievable control technology to generally available control technology. The cost reduction from the proposed standard to the final is estimated to be $209 million.

· Solid waste incinerators: There are 88 solid waste incinerators that burn waste at a commercial or an industrial facility, including cement manufacturing facilities. These standards, which facilities will need to meet by 2016 at the latest, will reduce emissions of harmful pollutants including mercury, lead, cadmium, nitrogen dioxide and particle pollution. The cost reduction from the proposed standard to the final is estimated to be $12 million.


Sludge Incinerator

In separate but related actions, EPA is finalizing emission standards for sewage sludge incinerators. While there are more than 200 sewage sludge incinerators across the country, EPA expects that over 150 are already in compliance. These standards will reduce emissions of harmful pollutants including mercury, lead, cadmium, and hydrogen chloride from the remaining 50 that may need to leverage existing technologies to meet the new standards.

EPA has also identified which non-hazardous secondary materials are considered solid waste when burned in combustion units. This distinction determines which Clean Air Act standard is applied when the material is burned. The non-hazardous secondary materials that can be burned as non-waste fuel include scrap tires managed under established tire collection programs. This step simplifies the rules and provides additional clarity and direction for facilities. To determine that materials are non-hazardous secondary materials when burned under today’s rule, materials must not have been discarded and must be legitimately used as a fuel.

The agency recognizes that secondary materials are widely used today as raw materials, as products, and as fuels in industrial processes. EPA believes that the final rule helps set protective emissions standards under the Clean Air Act.

The emissions standards for sewage sludge incinerators and the definition of solid waste are not part of today’s reconsideration.

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