Why is this Q & A Document being provided?
On July 30, 2007, the United States Court of Appeals for the District of Columbia Circuit issued a mandate vacating the NESHAP for Industrial Boilers and Process Heaters, “Boiler MACT” (40 CFR Part 63 Subpart DDDDD) and partially vacating the Federal Performance Standards for Commercial and Industrial Solid Waste Incinerators, “CISWI NSPS” (40 CFR Part 60 Subpart CCCC). The partial vacatur of the CISWI NSPS is for the amendment to the CISWI NSPS that was promulgated in 2005 (sometimes called the “Definitions Rule”).
The Georgia Environmental Protection Division (GA EPD) is providing this Q & A document in an effort to assist Georgia sources impacted by this court decision. All answers listed here are subject to change, pending further review by GA EPD and/or guidance from US EPA.
Does GA EPD consider the Boiler MACT a vacated standard even though it has been adopted by reference in the state rules?
Yes.
Will Georgia remove 391-3-1-.02(9)(b)(124) (incorporation by reference of the Boiler MACT) from the Georgia Rules for Air Quality Control?
Yes, Georgia intends to remove this regulation at our next rulemaking opportunity.
The Boiler MACT was vacated in its entirety. Does that mean that 112(j) applies?
US EPA has verbally informed GA EPD that 112(j) (also called the “MACT Hammer”) applies for the Brick MACT. GA EPD agrees that 112(j) applies. The requirements of 112(j) are contained in 40 CFR Part 63 Subpart B (40 CFR 63.44 through 63.56).
When will GA EPD solicit the Part 1 and Part 2 Applications required by 112(j)?
We are waiting for written guidance from US EPA before deciding when to solicit 112(j) applications. On December 11, 2007, EPA Region 4 notified GA EPD that the written guidance would be published in the April/May 2008 time frame. There is no requirement to submit Part 1 or Part 2 112(j) Applications to GA EPD at this time.
Part 1 Applications will be due to the permitting authority (GA EPD) 30 days after affected sources are notified in writing that 112(j) applies. Part 2 Applications are due to the permitting authority 60 days after the Part 1 Application is due. States have 18 months from the date of receipt of a complete Application (Part 1 and Part 2) to issue a 112(j) permit.
Existing gas-fired and liquid-fired boilers do not have emission limits under the vacated MACT standard. Will 112(j) apply to these boilers?
Yes, if 112(j) is applicable, it will apply to existing gas-fired and liquid-fired boilers.
What will happen to the Boiler MACT Health Based Compliance Alternative demonstrations (and permit applications) submitted to the GA EPD?
GA EPD will not process the Boiler MACT Health Based Compliance Alternative demonstrations. We have begun the process of All such demonstrations are being returned returning Boiler MACT Health Based Compliance Alternative (HBCA) submittals to the respective Companies.
Will GA EPD consider Health Based Compliance Alternative submittals as part of a 112(j) application?
No.
I have the following condition in my Permit – what should I do?
“The Permittee shall comply with all applicable provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAP) as found in 40 CFR 63, in Subpart A, ‘General Provisions,’ and Subpart DDDDD, ‘National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters.’ Conditions within this permit that represent the requirements of 40 CFR Part 63, Subpart DDDDD shall be effective on and after September 13, 2007 for existing boilers and process heaters, with the exception of the initial notification which is due earlier. [40 CFR 63 Subparts A and DDDDD]”
The condition listed above, called a “placeholder condition,” is not applicable because the Boiler MACT has been vacated. If you have an existing Boiler, you do not have to comply with the requirements of the vacated MACT by September 13, 2007 unless your Permit incorporates Boiler MACT requirements for another regulatory program (i.e., PSD, NSPS, PSD Avoidance, RACT, etc.).
Should new boilers that were already subject to Boiler MACT requirements stop complying with the Boiler MACT?
No, GA EPD believes that facilities with new boilers that were already subject to Boiler MACT requirements prior to the court ruling should continue complying with the conditions in your permit that contain specific emission limits, monitoring, and performance testing requirements relating to the operation of the new boiler. The recent court decision should not be used as an opportunity to “backslide” and increase emissions.
We are installing a new boiler; does 112(g) apply?
If the boiler is being installed at an existing source that is already major for HAPs, the boiler will be subject to a Case-by-Case MACT (112(g)) determination if the boiler or process being installed is in itself major for HAPs. If a new facility is being constructed and HAP emissions for the facility are above the major source threshold, all boilers and/or process heaters should go through a Case-by-Case MACT determination.
When will EPA re-promulgate the Boiler MACT and what will the new rules look like?
It will be probably be two years or longer before the new standards are promulgated.
What is the impact of partial vacatur of the Commercial and Industrial Solid Waste Incinerator (CISWI) NSPS?
The amendment to the CISWI NSPS that was promulgated in 2005 (sometimes called the “Definitions Rule”) has been vacated. The CISWI NSPS (originally promulgated in 2000) remains in effect. If you are operating an incinerator that is currently exempt from the emission standards contained in the CISWI NSPS, you may be subject to CISWI NSPS requirements in the future.
Will wood waste boilers be considered CISWI when the CISWI NSPS and Boiler MACT rules are re-promulgated?
It is our understanding that the definition of an “affected source” in the CISWI rule will be revised to include any boiler that burns a solid waste. If this revision is made, such units may be subject to the CISWI rule and not the Boiler MACT.