1. Impacts of the New Boiler MACT Rules Les Oakes King & Spalding

2. Industrial Boiler MACT USEPA proposed MACT regulations for industrial boilers (IB) in May 2010. The proposed regulations drew thousands of comments. USEPA published final MACT regulations for industrial boilers on March 21, 2011. 40 CFR 63, Subpart DDDDD. The final regulations were in some respects more stringent than the controversial proposals.

3. Industrial Boiler MACT The IB MACT standards apply to new and existing boilers with heat inputs greater that 10 million BTU per hour (MMBtu/Hr) at major sources of hazardous air pollutants (HAPs). A major source has the potential to emit 10 or more tons per year of a single HAP or 25 or more tons per year of all HAPs. This means all HAPs not just those emitted from the boiler(s).

4. Industrial Boiler MACT The IB MACT standards for new boilers at major sources regulate emissions of particulate matter (PM), hydrogen chloride (HCl), mercury (Hg), carbon monoxide (CO) and dioxins/furans. The IB MACT standards for existing boilers at major sources regulate emissions of the same pollutants. The most stringent standards apply to boilers that fire coal. Boilers greater than 250 MMBtu/Hr will also need continuous emission monitors for certain pollutants.

5. Industrial Boiler MACT On March 21, 2011, USEPA also published a final rule applicable to certain industrial boilers located at area sources. 40 CFR 63, Subpart JJJJJ. Area sources are not major sources. 40 CFR § 63.2. The area source regulations apply to units with heat inputs greater than 10 MMBtu/Hr. Separate standards for boilers between 10 and 30 MMBtu/Hr and boilers greater than 30 MMBtu/Hr located at area sources.

6. Industrial Boiler MACT For industrial boilers at areas sources: standards apply to fewer types of sources (e.g., new or existing coal-fired boilers or new oil- fired boilers); and regulate fewer pollutants (e.g., new coal-fired boilers only subject to emission limits for PM, Hg and CO); fewer monitoring requirements apply; but the tune-up work practice standard applies within 12 months.

7. Industrial Boiler MACT IB MACT standards do not apply to recovery boilers or to electric steam generating units (i.e., power plants - EGUs). On March 16, 2011, USEPA proposed a MACT standard for EGUs. Some of the proposed emission limits for EGU boilers are less stringent that the corresponding pollutant limits for IBs.

8. Industrial Boiler MACT New or modified sources must comply with the applicable MACT standards at the time of start up. Existing sources have three years (i.e., March 2014) to comply. Some notification requirements may apply sooner.

9. Industrial Boiler MACT The rules they are a-changing (and the clock she is a-ticking?).... On March 21, 2011, USEPA also published a notice that it intended to re-consider the emission limits for IBs at booth major and area sources. USEPA had requested more time to finalize the IB MACT standards, but the federal court refused to honor the request. Issue to consider: if USEPA modifies the IB MACT standards, will it grant three more years to comply, or only for those provisions which change?

10. Industrial Boiler MACT Questions?