Date: December 2, 2011
Source: U.S. Environmental Protection Agency
The EPA has proposed changes to its boiler and incinerator emissions rules that it estimates will save industry $1.5 billion per year over what was originally proposed in 2010 by allowing some plants to fine tune existing equipment or burn cleaner fuels. The reconsideration was in answer to industry criticism that the final boiler air toxics rule and related emissions standards for commercial and industrial solid waste incinerators (CISWI) were impossible to achieve, would cost industry billions of dollars and would force the closure of numerous plants resulting in lost jobs. The EPA says its revised rules are more flexible in allowing some plants to do maintenance on equipment, avoiding costs from adding new controls or replacing boilers. The agency says that 99 percent of the country's boilers are either clean enough and not subject to the new rules, or would only require a tune up and maintenance to comply. The rules as revised are expected to cost industry about $2.3 billion a year, not the $3.8 billion in a previous proposal made last year. The rules set limits on mercury and other toxic emissions on about 5,500 commercial boilers at refineries, chemical plants, and heavy industry plants. About 196,000 smaller "area source" boilers would need to do annual tune ups or take other steps to minimize toxic emissions.
EPA stayed the rule to reconsider and examine additional industry data. At the same time, litigation over the rules is on hold in federal appeals court pending the outcome of EPA's review. "Gathering the latest and best technical information and real-world data has helped us find ... the sweet spot that's affordable, practical regulations that provide the vital and long overdue health benefits Americans demand and deserve," Gina McCarthy, the EPA assistant administrator for air, told reporters in a teleconference.
EPA will hold a 60-day comment period on the rules and expects to finalize them by spring 2012.
December 2, 2011
EPA Proposes Changes to Clean Air Act Standards for Boilers and Incinerators/Reconsidered standards would set emission limits for less than one percent of boilers, achieve public health benefits while increasing flexibility and responding to public input
The U.S. Environmental Protection Agency (EPA) is proposing changes to Clean Air Act standards for boilers and certain incinerators based on extensive analysis, review and consideration of data and input from states, environmental groups, industry, lawmakers and the public. The proposed reconsideration would achieve extensive public health protections through significant reductions in toxic air pollutants, including mercury and soot, while increasing the rule's flexibility and addressing compliance concerns raised by industry and labor groups. The changes also cut the cost of implementation by nearly 50 percent from the original 2010 proposed rule while maintaining health benefits. These standards meet important requirements laid out in the 1990 Clean Air Act Amendments.
Soot and other harmful pollutants released by boilers and incinerators can lead to adverse health effects including cancer, heart disease, aggravated asthma and premature death. In addition, toxic pollutants such as mercury and lead that will be reduced by this proposal are linked to developmental disabilities in children. These standards will avoid up to 8,100 premature deaths, prevent 5,100 heart attacks and avert 52,000 asthma attacks per year in 2015.
More than 99 percent of boilers in the country are either clean enough that they are not covered by these standards or will only need to conduct maintenance and tune-ups to comply. Today's proposals focus on the less than one percent of boilers that emit the majority of pollution from this sector. For these high emitting boilers, typically operating at refineries, chemical plants and other industrial facilities, EPA is proposing more targeted emissions limits that protect Americans' health and provide industry with practical, cost-effective options to meet the standards - informed by data from these stakeholders. These limits are based on currently available technologies that are in use by sources across the country.
As a result of further information gathered through the reconsideration process, including significant dialog and meetings with stakeholders, the proposal maintains the dramatic cuts in the cost of implementation that were achieved in the final rules issued in March while continuing to deliver significant public health benefits. As a result, EPA estimates that for every dollar spent to cut these pollutants, the public will see $12 to $30 in health benefits, including fewer premature deaths.
Using a wide variety of fuels, including coal, natural gas, oil and biomass, boilers are used to power heavy machinery, provide heat for industrial and manufacturing processes in addition to a number of other uses, or heat large buildings. EPA's proposal recognizes the diverse and complex range of uses and fuels and tailors standards to reflect the real-world operating conditions of specific types of boilers.
Some of the key changes EPA is proposing include:
Boilers at large sources of air toxics emissions: The major source proposal covers approximately 14,000 boilers - less than one percent of all boilers in the United States - located at large sources of air pollutants, including refineries, chemical plants, and other industrial facilities. EPA is proposing to create additional subcategories and revise emissions limits. EPA is also proposing to provide more flexible compliance options for meeting the particle pollution and carbon monoxide limits, replace numeric emissions limits with work practice standards for certain pollutants, allow more flexibility for units burning clean gases to qualify for work practice standards and reduce some monitoring requirements. EPA estimates that the cost of implementing these standards remains about $1.5 billion less than the April 2010 proposed standards. Health benefits to children and the public associated with reduced exposure to fine particles and ozone from these large source boilers have increased by almost 25 percent and are estimated to be $27 billion to $67 billion in 2015.
Boilers located at small sources of air toxics emissions: The proposal also covers about 187,000 boilers located at small sources of air pollutants, including commercial buildings, universities, hospitals and hotels. However, due to how little these boilers emit, 98 percent of area source boilers would simply be required to perform maintenance and routine tune-ups to comply with these standards. Only 2 percent of area source boilers may need to take additional steps to comply with the rule. To increase flexibility for most of these sources, EPA is proposing to require initial compliance tune-ups after two years instead after the first year.
Solid waste incinerators and revisions to the list of non-hazardous secondary materials: There are 95 solid waste incinerators that burn waste at a commercial or an industrial facility, including cement manufacturing facilities. EPA is proposing to adjust emissions limits for waste-burning cement kilns and for energy recovery units.
EPA is also proposing revisions to its final rule which identified the types of non-hazardous secondary materials that can be burned in boilers or solid waste incinerators. Following the release of that final rule, stakeholders expressed concerns regarding the regulatory criteria for a non-hazardous secondary material to be considered a legitimate, non-waste fuel, and how to demonstrate compliance with those criteria. To address these concerns, EPA's proposed revisions provide clarity on what types of secondary materials are considered non-waste fuels, and greater flexibility. The proposed revisions also classify a number of secondary materials as non-wastes when used as a fuel and allow for a boiler or solid waste operator to request that EPA identify specific materials as a non-waste fuel.
Following the April 2010 proposals, the agency received more than 4,800 comments from businesses, communities and other key stakeholders. As part of the reconsideration process, EPA also received additional feedback after the agency issued the final standards in March 2011. EPA will accept public comment on these standards for 60 days following publication in the Federal Register. EPA intends to finalize the reconsideration by spring 2012.
More information: www.epa.gov/airquality/combustion.
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