Environmental Permitting

2013 Air Regulations to Consider for Permit Renewals

Final Amendments to Emissions Standards for Reciprocating Internal Combustion Engines – (January 30, 2013)

These amendments establish National Emissions Standards for Hazardous Air Pollutants (NESHAP) for stationary reciprocating internal combustion engines (RICE) and address many of the comments submitted to EPA after publication of the 2010 standards.

The revisions are intended to reduce both emissions and capital operating costs compared to the 2010 rules and “generally apply to the following:”

  • Engines used in oil and gas production in sparsely populated areas
  • Engines used in remote areas of Alaska
  • Engines due for replacement within a few years due to state or local requirements and certain engines installed after 2006
  • Engine formaldehyde emissions testing requirements
  • Engines for offshore vessels operating on the Outer Continental Shelf
  • Engines used in emergency demand response programs

Please note: Following publication of these amendments, EPA announced it will begin additional reconsideration of three aspects of the amendments following receipt of comments from individuals, environmental organizations and states. Information on the announcement is available at http://www.epa.gov/ttn/atw/rice/ricepg.html#factsheets.


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National Emissions Standards for Major Sources: Industrial/Commercial/Institutional Boilers and Process Heaters and National Emissions Standards for Area Sources: Industrial/Commercial/Institutional Boilers – (February 1, 2013)

According to EPA, this regulation, which is commonly known as “the Boiler MACT,” covers about 13 percent of the 1.5 million boilers in the United States including the highest emitting boilers, about 0.4 percent, at refineries, chemical plants and other industrial sites. These final “adjustments” are the result of new data from states, environmental groups, industry, lawmakers, and the public that were analyzed and “cut implementation costs below those projected by the 2010 proposal.”

For area sources, the Boiler MACT primarily will require tune-ups of 99 percent of covered sources while the remaining 1 percent will be required to meet numerical emissions limits. The initial notification date for area sources is January 20,2014 for owners and operators who have not already submitted notification, and an additional year to comply may be requested.

Of the 14,000 major sources, all will be required to conduct periodic tune-ups. Approximately 12 percent will be required to meet numeric emission standards, if they do not already do so. Existing major sources will have until early 2016 to comply with emission limits and may request an additional year to comply.

Additional changes concerning commercial and industrial solid waste incinerators (CISWI) are included such as adjusted emissions limits for dioxin and mercury, adjusted monitoring requirements and clarification of which units fall under the CISWI definition. The related non-hazardous Secondary Materials Rule was also adjusted to “clarify and provide direction to facilities about what types of secondary materials are considered non-waste fuels.”

EPA provides a range of explanatory information about the Boiler MACT on its website at http://www.epa.gov/boilercompliance/.


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Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed On or Before December 1, 2008, and Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators – (May 13, 2013)

EPA’s new amendments to the federal plan implementing emissions guidelines for Hospital/Medical/Infectious Waste Incinerators (HMIWI) cover those units constructed on or before December 1, 2008 or those modified beginning or before April 6, 2010. This regulation is for covered facilities in states that have not submitted an acceptable revised/new state plan to the EPA and it will apply until such a plan is in effect.

In addition to the emissions guidelines, the amendments include New Source Performance Standards (NSPS) for new HMIWIs that eliminate the Startup, Shutdown, and Malfunction (SSM) exemption to emission limits.

Due to the complexity of all of these amendments, there are numerous deadlines for compliance with different aspects. The Final Rule is available at http://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html#IMP.