Rules & Regs
EPA Under Fire for “Job-Killing Regulations”
The EPA’s “Job Killing Regulations” have been a hot topic as of late. In case you missed it, though, Congress recently voted to postpone implementing several EPA rules that would regulate emissions from commercial, institutional and industrial (ICI) boilers.
The EPA Regulatory Relief Act will slow the implementation of the Boiler MACT, Boiler GACT, and Commercial and Industrial Solid Waste Incineration Unit (CISWI) rules. The bill proposes a five (5) year compliance period following each rule’s effective date. The Boiler GACT is currently in effect with compliance dates as early as March 2012. The Boiler MACT and CISWI rules are currently stayed indefinitely (76 FR 28662 published May 18, 2011) pending rule changes and a re-proposal by EPA.
Before adjusting your plans, though, consider that the EPA Regulatory Relief Act has little chance of passing in the Senate. And even if it does, it most likely faces a veto from President Obama. Second, remember that area sources are not affected and you must still meet the requirements of the Boiler GACT rule.
We also invite you to join our Boiler MACT Compliance Group on LinkedIn for the latest discussions on the Boiler MACT/GACT.
EPA’s Chemical Sector Rulemaking
EPA has recently abandoned its “multi-pollutant approach” for criteria air pollutants and HAPs for the chemical sector rulemaking. Instead, EPA is expected to conduct risk and technology reviews for NESHAP on a rule-by-rule basis. Responding to a Court Order, EPA states that it intends to propose rules by November 2011 for Pesticide Active Ingredient (PAI) Production, Polyether Polyols Production, and Polymers & Resins IV. Reviews for other chemical rules under the Court Order include Organic Liquids Distribution (OLD), Ethylene, and Miscellaneous Organic NESHAP (MON) are scheduled for 2012.
Uniform Standards are also expected to be proposed in 2011 for heat exchangers, closed vent systems, Leak Detection and Repair (LDAR), and storage vessels.
View Schedule for EPA Residual Risk Reviews
RICE Update
After receiving numerous petitions for reconsideration concerning the Reciprocating Internal Combustion Engine (RICE) amendments (40 CFR Part 63 Subpart ZZZZ) — promulgated in March and August of 2010 — EPA has stated that it expects to propose RICE rule changes in early 2012. Some issues EPA is addressing in conjunction with petitioners include:
• Continuous Parametric Monitoring System (CPMS) requirements for area sources (lack of technical specifications and absence of these requirements in the proposed rulemaking);
• Small lean and rich burn engine emission standards for area sources (basis for floor);
• Rural engines regulations (petitioners recommend regulations be consistent with Oil & Natural Gas NESHAP);
• Number of hours for demand response allowable for engines to qualify for emergency category (e.g., possible establishment of subcategory for RICE used in conjunction with emergency demand response); and,
• Appropriateness of fixed frequency maintenance for existing engines (request to allow the use of operator-defined maintenance plans).