The Environmental Protection Agency (EPA) has announced amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters. The amendments, which take effect Feb. 5, 2007, impact several regulated entities—including firms specializing in electroplating, anodizing, polishing and coloring, as well as manufacturers of vehicle parts and accessories.

In this final action, the EPA is making a limited number of corrections and amendments to 40 CFR 63.14 as well as other sections, consistent with its last proposal (October 2005). In short, these changes improve and clarify the procedures for implementing the emissions averaging provision and for conducting compliance testing when boilers are vented to a common stack. Among other technical corrections, the EPA also is clarifying several definitions to help affected sources classify "limited use" and "hybrid" boilers. Additionally, the EPA said it is making amendments to reflect ASTM test methods.

The specifics on emissions testing: The current language for the emissions averaging option in 40 CFR 63.7522 requires testing of each individual boiler in the averaging group. The EPA's intent with regard to the emissions averaging option in the final rule was to provide an equivalent, more flexible, and less costly compliance alternative. Since testing emissions from a common stack for a group of boilers would be equivalent to the average emissions calculated from emissions tests on each individual boiler, the agency is amending subpart DDDDD of 40 CFR part 63 to allow testing of emissions at the common stack under specified situations described below.

Consolidated testing of the common stack must be conducted when each boiler is operated under representative testing conditions as specified in the National Stack Testing Guidance issued by EPA last year (Sept. 30, 2005).

The amendments to 40 CFR 63.7522 adopted in this action are substantially the same as what the EPA proposed in October 2005. However, based on public comments, the agency has modified some of the proposed language and added some conforming amendments to other provisions of subpart DDDDD of 40 CFR part 63 that relate to emissions averaging.

Monitoring of Common Stack: In this final action, the EPA is adding an amendment to section 63.7541 of subpart DDDDD to address the COMS requirements for facilities participating in the emissions averaging option. If each of the boilers venting to a common stack has an applicable opacity operating limit, a dry control system, and no units from other subcategories or non-affected units vent to the common stack, then a single COMS may be located in the common stack instead of each duct to the common stack. Alternately, if any of the boilers venting to the common stack does not have an applicable opacity operating limit—but each of the existing solid fuel units is equipped with a dry control system and no non-affected units vent to the common stack—a COMS monitor may be located at the common stack instead of each duct to the common stack. (The EPA amended 40 CFR 63.7541 to allow for a COMS monitor at the common stack in this situation.)

Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air and Radiation Docket and Information Center, EPA/DC, EPA West Building, Room B102, 1301 Constitution Ave., NW. Washington, DC. For more information, contact James Eddinger, Energy Strategies Group, Sector Policies and Programs Division (D243-01), Environmental Protection Agency, Research Triangle Park, N.C., 27711; (919) 541-5426, fax: (919) 541-5450, e-mail address: eddinger.jim@epamail.epa.gov.

In addition, the EPA has posted a copy of the final rule on the TTN's policy and guidance page for newly proposed or promulgated rules at www.epa.gov/ttn/oarpg.

Source: The Federal Register