The History and Future of the EPA’s Boiler MACT Regulations

Lately, there has been a bit of action regarding The Environmental Protection Agency’s Boiler MACT (maximum achievable control technology) regulation under Clean Air Act § 112(d). This regulation sets emission standards that govern the release of certain pollutants such as mercury, hydrogen chloride, particulate matter (as a surrogate for non-mercury metals), and carbon monoxide (as a surrogate for organic hazardous emissions) from coal-fired, biomass-fired, and liquid-fired major source boilers.

The law covers:

  • Hazardous waste incinerators
  • Hazardous waste cement kilns
  • Hazardous waste lightweight aggregate kilns
  • Hazardous waste solid fuel boilers
  • Hazardous waste liquid fuel boilers
  • Hazardous waste hydrochloric acid production furnaces.

Rule History

 

11/20/2015 – Final Rule; Notice of Final Action on Reconsideration

01/21/2015 – Proposed Rule

01/31/2013 – Final Rule

12/23/2011 – Proposed Rule; Reconsideration of Final Rule

05/18/2011 – Final Rules; Delay of Effective Dates

03/21/2011 – Final Rule

03/21/2011 – Notice of Reconsideration of Final Rules

06/04/2010 – Proposed Rule

12/06/2006 – Final Rule; Notice of Final Action on Reconsideration

12/28/2005 – Final Rule, Amendments; Notice of Final Action on Reconsideration

10/31/2005 – Proposed Rule; Notice of Reconsideration of Final Rule; Proposed Amendments

06/27/2005 – Proposed Rule; Notice of Reconsideration of Final Rule

09/13/2004 – Final Rule

01/13/2003 – Proposed Rule

 

Because some in the industry consider the regulations to be onerous and expensive, it was challenged in March of last year by American Municipal Power Inc. The electricity wholesaler did so by presenting the high court with a writ of certiorari. In response to this action by the company, the Supreme Court ruled that it will not review the EPA’s controversial and imperfect Boiler and incineration rule. As of now, many businesses still contend that Boiler MACT sets emission standards that require impossible perfect performance at all times, outlawing even accidental releases

The point to all this is that these regulations though controversial still must be followed until the uncertainty surrounding them is cleared up. The future of these regulations under this relatively new administration is uncertain. However, as CEMS Experts, we guarantee that we can help companies come and stay into compliance with these regulations through the use of our technology. The penalties for noncompliance are too great for your company to risk.

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