Environmental Protection Agency
National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
December 23, 2011 - 76 FR 80598 - RIN: 2060-AR13 - Download Full Notice: Text | PDF
On March 21, 2011, the EPA promulgated national emission standards for the control of hazardous air pollutants from new and existing industrial, commercial, and institutional boilers and process heaters at major sources of hazardous air pollutants. On that same day, the EPA also published a notice announcing its intent to reconsider certain provisions of the final rule. The EPA subsequently issued a notice on May 18, 2011, to postpone the effective dates of the final rule until judicial review has been completed, or the agency finalizes its reconsideration of the standard, whichever is earlier. In the action to postpone the effective dates of the rule, the EPA also requested the public to submit data and information to assist the EPA in its reconsideration. Following these actions, the Administrator received several petitions for reconsideration. In response to the March 21, 2011, notice announcing its intent to initiate reconsideration and the petitions submitted, the EPA is reconsidering and requesting comment on several provisions of the final rule. Additionally, the EPA is proposing amendments and technical corrections to the final rule to clarify definitions, references, applicability, and compliance issues raised by stakeholders subject to the final rule.
Agency Contact: Mr. Brian Shrager, Energy Strategies Group, Sector Policies and Programs Division, (D243-01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; Telephone number: (919)
This is a proposed regulation. Comments were due on February 21, 2012.
Mercatus Center Regulatory Report Card
Score:
29 / 60
48%
F
What this Rule is Proposing
| This proposed rule regulates hydrogen chloride (HCl) (as a surrogate for acid gas hazardous air pollutants [HAP]), total selected metals (TSM) or particulate matter (PM) (as a surrogate for non-mercury HAP metals), carbon monoxide (CO) (as a surrogate for non-dioxin/furan organic HAP), mercury (Hg), and dioxin/furan emissions from boilers and process heaters. The rule sets various emission standards for existing and new Industrial, Commercial, and Institutional Boilers and Process Heaters designed with a heat input capacity of ten million British thermal units per hour (MMBtu/hr) or greater and based on the sixteen different fuel types. Typically, each facility is required to (1) conduct initial and annual stack tests to determine compliance with the PM emission limits or conduct initial and annual stack tests to determine compliance with the TSM emission limits, (2) conduct initial and annual stack tests to determine compliance with the Hg emission limits, (3) conduct initial and annual stack tests to determine compliance with the HCl emission limits, (4) use EPA Method 19 to convert measured concentration values to pound per million Btu values, and (5) conduct initial and annual tests to determine compliance with the CO emission limits or install, operate, and maintain a CO continuous emission monitoring system. The standards were postponed during judicial review and are now resumed. Comments have been received, and further comments were elicited by the publication of the proposed rulemaking. Definitions are tightened for several CFR references. |
Commentary
Not badly modeled through simulation, but yet another regulatory initiative avoiding the required benefit-cost analysis. Lack of clarity over cost-benefit nature of foreign trade and employment changes (eg., reduction in trade with intact trade balance can be welfare reducing). The EPA could have done a more thorough job reporting the costs and benefits associated with the five alternative regulatory approaches presented. The EPA also dropped Appendix C: "Major Sources Cost and Emissions Memorandum" and Appendix D: "Area Sources Cost and Emissions Memorandum" from the RIA issued in Dec. 2011 and Feb. 2011. To view these appendices, one needs to review the RIA from April 2010.
Monetized Costs & Benefits (as reported by agency)
| Dollar Year | 2008 | |
| Time Horizon (Years) | For 2015 | |
| Discount Rates | 3% | 7% |
| Expected Costs (Annualized) | $1,490 | $1,490 |
| Expected Benefits (Annualized) | $27,000 to $67,000 | $25,000 to $61,000 |
| Expected Costs (Total) | Not Reported by Agency | Not Reported by Agency |
| Expected Benefits (Total) | Not Reported by Agency | Not Reported by Agency |
| Net Benefits (Annualized) | $25,510 to $65,510 | $23,510 to $59,510 |
| Net Benefits (Total) | $0 | $0 |
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