EPA Issues Air Emissions Rules for Combustion Units - Agency Will Reconsider Several Aspects of Rules Almost Immediately


On February 23, the U.S. Environmental Protection Agency (EPA) issued notices exceeding 1800 pages, promulgating final rules to control emissions from combustion units, including: (1) boilers and process heaters; (2) commercial and industrial solid waste incineration (CISWI) units; and (3) sewage sludge incinerators. To clarify applicability of these categories, EPA promulgated a new definition for solid waste under RCRA. As previously announced, EPA also commenced a process to reconsider aspects of these rules.

Boilers and Process Heaters

The new rules provide standards to reduce specific emissions from industrial, commercial, and institutional boilers. The requirements vary depending on whether the source is an area source or a major source, the size of the boiler, and the fuel burned. EPA has also included a work practice standard for startup/shutdown periods and an affirmative defense for periods of malfunction. Compliance deadlines for specific requirements range from 60 days to 3 years after publication in the Federal Register.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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