Court Vacates EPA Stay of Final Rules Affecting Boilers and Incinerators
Posted: 01/19/2012

The U.S. District Court for the District of Columbia Circuit (D.C. Court) vacated EPA’s stay on final regulations affecting combustion units, including industrial, commercial, and institutional boilers and process heaters, and commercial and industrial solid waste incineration units.

On January 9, 2012, the D.C. Court issued its ruling vacating EPA’s stay on final regulations that EPA issued on March 21, 2011. EPA had issued a stay on the effective dates for the final National Emission Standards for Hazardous Air Pollutants (NESHAP) for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (also known as “Boiler MACT”) and the amendments to the New Source Performance Standards (NSPS) and Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units (also known as “CISWI”). The ruling can be viewed at: http://www.4cleanair.org/Documents/VacaturofBoilerStay010912.pdf.
 
The D.C. Court’s ruling means that these final regulations are now in effect. However, the D.C. Court’s ruling will immediately impact only “new” boilers and process heaters at major stationary sources (boilers and process heaters that were constructed after June 4, 2010). At this time, the DNR is not aware of any “new” solid fuel-fired or oil-fired boilers or process heaters in Iowa that would be immediately affected under the Boiler MACT. The DNR continues to review the available information to determine if any new boilers or process heaters would be immediately affected. Gas-fired boilers generally have only management practices under the Boiler MACT. Existing boilers and process heaters affected by the Boiler MACT have until March 21, 2014, to comply with the requirements.
 
The CISWI amendments immediately impact only new or modified incinerators. At this time, the DNR is not aware of any new incinerators in Iowa impacted by the CISWI amendments. Existing incinerators affected by the CISWI amendments must comply by March 21, 2016 (states may allow until five years for compliance after federal emission guidelines are finalized).
 
Additionally, EPA has also proposed reconsideration of these standards which include a number of amendments. The D.C. Court’s ruling does not affect EPA’s reconsideration.
 
More information on the final regulations and EPA’s reconsiderations is available at EPA’s combustion portal website at http://www.epa.gov/airquality/combustion/.
 
At this time, the DNR has not adopted the Boiler MACT or the CISWI amendments. Following EPA’s completion of its reconsiderations, the DNR plans to seek input on adopting these regulations.
 
For general questions, please contact Christine Paulson (Email: christine.paulson@dnr.iowa.gov or phone: 515.242.5154) or Diane Brockshus (Email: diane.brockshus@dnr.iowa.gov or phone: 515.281.4801).
 
This list serve article is intended for consultants, industries, environmental groups, general public, and other entities regulated under the Clean Air Act. It was written by the DNR Air Quality Bureau to share regulatory news, program updates and technical guidance.