Your environmental compliance is clearly our business.

Speaker: Eric Swisher

23rd Virginia Environmental SymposiumApril 11, 2012

Major/Area Source Boiler MACT Rule

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Overview Ground Rules Regulatory Framework Regulated Pollutants Emission Limitations Compliance Options Work Practice Standards Startup, Shutdown, and Malfunction Things to Take Away

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Major

Ground Rules

CISWI Rule

Boiler MACT Rules

Area

Fuel is not a Solid Waste

NHSM Rule

Fuel is a Solid Waste

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General Information Area or Major Source New, Reconstructed, or Existing Fuel Type Design Type

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Area Source

Comparison

Major Source

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Area Source Not a Major

Source

>10 tons per year any single HAP OR

> 25 tons per year of any combination of HAPs

Facility Type

Major Source

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Regulatory Citation 40 CFR Part 63 – National Emission

Standards for Hazardous Air Pollutants for Source Categories (NESHAP):• Subpart JJJJJJ – Area Source Boiler MACT

(ASBM)• Subpart DDDDD – Major Source Boiler

MACT (MSBM)

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Area Source June 04, 2010

• Proposed• Comments Due July 19, 2010

June 09, 2010• Comment Period Extended to August 03, 2010

July 22, 2010• Comment Period Extended to August 23, 2010

March 21, 2011• Promulgated

December 23, 2011• Proposed Amendments

February 21, 2012• Comments Due

March 13, 2012• No Action Assurance Letter

History

Major Source January 13, 2003

• Proposed• Comments Due March 14, 2003

September 13, 2004• Promulgated• Compliance Date September 13, 2007

October 31, 2005• Notice of Reconsideration• Proposed Amendments

December 28, 2005• Final Rule (with Amendments)• Compliance Date September 13, 2007

December 06, 2006• Final Action on Reconsideration

June 04, 2010• Proposed• Comments Due July 19, 2010

June 09, 2010• Comment Period Extended to August 03, 2010

July 22, 2010• Comment Period Extended to August 23, 2010

March 21, 2011• Promulgated

March 21, 2011•Promulgated

December 23, 2011•Proposed Amendments

February 21, 2012•Comments Due

March 13, 2012•No Action Assurance Letter

December 23, 2011•Proposed

February 07, 2012•No Action Assurance Letter

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Act of Congress March 08, 2012 Senate did

not pass the Collins Amendment to the Highway Bill that would delay the MSBM.

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Area Source

Current Status

Major Source Effective Now Compliance Date

•March 21, 2014 No Action Assurance

Letter•March 13, 2012

Proposed Rule•December 23, 2011

Compliance Date•Date to Change

No Action Assurance Letter•February 07, 2012

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Area Source

Boiler Exemptions

Source Applicability Major Source

Boiler Process Heaters Exemptions

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Area Source Mercury (Hg) Non-Mercury

Metallic HAP Organic HAP

(including POM)

Mercury (Hg) Non-Mercury Metallic

HAP Non-Metallic

Inorganic HAP Non-Dioxin Organic

HAP Dioxins/Furans

(D/F)

Regulated Pollutants

Major Source

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Area Source Mercury Carbon Monoxide Particulate Matter

Mercury Carbon Monoxide Particulate Matter

OR Total Selected Metals (TSM)

Hydrogen Chloride

Emission Limits

Major Source

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Area Source Fuel Sampling Emission Testing

Fuel Sampling Emission Testing

Compliance Options

Major Source1. Comply with the Emission Standards

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Area Source Hg Determine “Worst-

Case” Fuel Mixture

Fuel Sampling

Major Source Hg, HCl, & TSM Determine “Worst-

Case” Fuel Mixture Fuel Sampling &

Analysis Plan Monthly Fuel

Analyses

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Area Source PM Hg CO

Emission Testing

Major Source PM or TSM Hg CO HCl

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Area Source None Emission Averaging

Output-based Emission Standard• Emission

Reduction Credits

Compliance Options

Major Source2. Evaluate Emission Standard

Alternatives

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Emission Averaging PM, HCl, or Hg Input or Output-based Emission

Standards Existing Boiler Only Subcategory Requirements 10% Discount Factor Common Stack Considerations Emission Averaging Plan

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Area Source Fuel Management Fuel Switching Controls

Compliance Options

Major Source3. Can Not Comply with the Emission Standards

Fuel Management Fuel Switching Controls Synthetic Minor Energy Efficiency

Improvements

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Output-based Emission Standards

Output-based Emission Standards• Incentivizes implementation of

energy efficient technologies to minimize the generation of emissions

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Output-Based Emission Standards

Fuel Input Energy (lb

pollutant per MMBtu heat input)

SteamOutput Energy (lb

pollutant per MMBtu steam output)

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Capital InvestmentAdd-on Control

Device(s)Energy

Efficiency Project(s)

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How were they determined?• Boiler Efficiency• Heat-Input Based Limits

Subcategory

Hg Emission Limit

(lb Hg per MMBtu

of heat input)

Hg Emission

Limit(lb Hg per MMBtu of

steam output)

Boiler Efficienc

y(%)

Existing Boiler Designed to Burn Solid Fuel

3.10E-06 3.50E-06 88.6

Output-Based Emission Standards

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How are they used?• Determine Current Boiler Output-

Based Emissions• Establish Output Energy

“Benchmark”• Investigate Energy Efficiency

Projects• Quantify Emission Reductions• Apply Percent Reduction to Current

Boiler Output-Based Emissions

Output-Based Emission Standards

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Benchmark Year* = 2,175,000 MMBtu/yr

Year After* = 1,957,500 MMBtu/yrTested Hg Emissions

(lb Hg per MMBtu of

heat input)

Tested Hg Emissions

(lb Hg per MMBtu ofsteam output)

Adjusted Hg Emissions

(lb Hg per MMBtu of

steam output)

3.40E-06(Limit 3.10E-06)

3.84E-06(Limit 3.50E-06)

3.45E-06

Energy Output Reduction Example

*Production is assumed to be the same for both years.

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Subcategory

Hg Emission

Limit(lb Hg per MMBtu of

steam output)

Hg Adjusted Emissions

(lb Hg per MMBtu of

steam output)

Result

Existing Boiler Designed to Burn Solid Fuel

3.50E-06 3.45E-06 PASS

Energy Output Reduction Example

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Implementation Plan Pollutant-by-Pollutant Applicability Emissions Averaging Shutdown Boilers Future Boiler Operations Other Permitting Requirements Energy Assessment

Output-Based Other Considerations

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What is Left? Ground Rules Regulatory Framework Regulated Pollutants Emission Limitations Compliance Options Work Practice Standards Startup, Shutdown, and Malfunction Things to Take Away

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Area Source Tune-up Energy

Assessment Startup Shutdown

Work Practice Standards

Major Source Tune-up Energy

Assessment Good Combustion

Practices Startup Shutdown

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ASBM

Every 2 years March 21, 2012 No Action

Assurance Letter

ASBM Tune-ups

Every 2 years Every 5 years

(Seasonal Boilers) March 21, 2013 Fuel Type

Requirements Common Fuel

Meter

Final Rule(March 21, 2011)

ASBM

Amendments(December 23, 2011)

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Area Source New or Existing

Coal-fired Boiler <10 MMBtu/hr

New or Existing Biomass-fired Boiler New or Existing

Oil-fired Boiler

Major Source

Tune-up Applicability

Limited-use Boilers Natural gas,

Refinery Gas or Gas 1 (Other) Boilers < 5 MMBtu/hr

Gas 2 (Other), Light Liquid Boilers

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Area Source

Burner Inspection Flame Pattern

Inspection Air-to-fuel system

Inspection CO Optimization Recordkeeping No Report Submittal

Major Source

Tune-up Requirements

Burner Inspection Flame Pattern

Inspection Air-to-fuel system

Inspection CO Optimization Recordkeeping Report Submittal

(1) As applicable, inspect the burner, and clean or replace any components of the burner as necessary (you may delay the burner inspection until the next scheduled unit shutdown, but you must inspect each burner at least once every 36 months).

(1) Inspect the burner and clean orreplace any components of the burner as necessary.

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Energy Assessment Why? When and how often? Who is qualified? What equipment or systems need to be

included? What does “cost-effective” mean? What needs to be done?

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ASBM

Existing ≥ 10 MMBtu/hr Boiler System Energy Use System Qualified Personnel Maximum Duration March 21, 2014

Energy Assessment

Existing ≥ 10 MMBtu/hr Boiler System Energy Use System

•Onsite Only Qualified Personnel Maximum Duration March 21, 2014

Final Rule(March 21, 2011)

ASBM

Amendments(December 23, 2011)

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Energy Assessment

Scope Maximum Time Compliance Date

•Date to Change Emission

Reduction Credits

Major Source

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Good Combustion Practices O2 Trim Systems

• Monitor• Optimize• Report

Operator Training• Startup Procedures• Shutdown Procedures

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Startup/Shutdown Periods Boiler MACT standards apply at all

times. No exemptions from Boiler MACT

standards during periods of Startup and Shutdown.

U.S. EPA requires work practice standards for periods of Startup and Shutdown in lieu of numerical emission limits.

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Area Source Minimize the

boiler’s startup and shutdown periods following the manufacturer’s recommended procedures.

Major Source

Startup/Shutdown

Good Combustion Practices

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Area Source Startup/Shutdown

Definitions No SSM Plans

Misc. Startup/Shutdown

Major Source Startup/Shutdown

Definitions No SSM Plans

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Malfunction Malfunction means any sudden,

infrequent, and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

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Periods of Malfunction Boiler MACT standards apply at all

times. No exemptions from Boiler MACT

standards during periods of Malfunction.

U.S. EPA determines if a facility demonstrated a “good faith effort” to minimizing emissions and correcting a Malfunction.

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Malfunction Process Notification of a Malfunction submitted to

U.S. EPA within two (2) business days. Follow-up report submitted to U.S. EPA

within 45 business days. U.S. EPA evaluates the reported information

concerning the Malfunction to determine if further inquiry or enforcement action is required.

Facility can only use Affirmative Defense in response to civil penalties if notification and report is submitted.

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Affirmative Defense To use Affirmative Defense

facilities must show a “preponderance” of evidence that: • The excess emission was caused by a

malfunction and was not preventable or reoccurring, and

• The facility expedited repairs, actions were documented in signed logs, and a root-cause analysis was completed.

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SSM Plan No SSM Plan required; however

may be more important now than ever due to potential enforcement action.

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Things to Take Away The current status of the Boiler MACT

rules? Where do I stand now? What are my compliance options? What are my compliance plans? Be in action!

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Questions?

Speaker Contact Info:

Eric M. Swishereswisher@all4inc.com

610.933.5246 x17

All4 Inc. - 2393 Kimberton Road - P.O. Box 299 - Kimberton, PA 19442

610.933.5246 - www.all4inc.com