On November 20, 2015, the U.S. Environmental Protection Agency (EPA) published final action on reconsideration of its maximum achievable control technology standards for major-source industrial, commercial, and institutional boilers (IB MACT). As previously reported by Hopping Green & Sams here, EPA proposed reconsideration of limited elements of its major-source IB MACT standards on January 21, 2015. The final action includes: (1) minor changes to the definitions of startup and shutdown periods and applicable work practice standards, (2) retention of a carbon monoxide standard of 130 parts per million, (3) retention of particulate matter continuous parameter monitoring system requirements, (4) elimination of the rule’s affirmative defense provision for malfunctions, and (5) a variety of technical corrections including explicit exclusion of electric generating units (EGU) covered by EPA’s Mercury and Air Toxics Standards (MATS) and natural gas-fired EGUs (as defined in MATS). EPA’s final action is very similar to its proposal, but includes some changes in response to comments, including revisions clarifying applicability and implementation issues. EPA has yet to take final action on reconsideration of its area-source IB MACT standards, which were subject to a proposed reconsideration action published on the same day as the major-source IB MACT reconsideration proposal.
For additional information, contact Joseph Brown.