EPA Proposes Mercury Limits for Boilers and Incinerators

Date: April 30, 2010

Source: US EPA

The US Environmental Protection Agency (EPA) has issued proposals on industrial boilers and solid waste incinerators that it said will cut mercury emissions in the US by more than half and significantly reduce other pollutants. Published in the April 29 Federal Register, the proposed rules among other things would define some "non-hazardous secondary materials" as solid waste, which would require units that burned those materials to be defined under section 129 of the Clean Air Act (CAA) as solid waste incineration units, rather than as fuel under less stringent standards for boilers under section 112 of the CAA. One of the materials that potentially could be redefined as solid waste is tire-derived fuel. Currently, TDF-burning units are treated as industrial boilers under the Clean Air Act.

EPA had said it would propose a new maximum achievable control technology (MACT) standard for boilers and redefine certain wastes as solid waste by April 29, 2010 mainly in response to a District of Columbia federal appeals court ruling in 2007 that said treating alternative-fuel-burning units as industrial boilers violated the plain intent of the CAA.

The new regulations are expected to have the biggest impact on an estimated 2,500 large, mostly coal-fired boilers, requiring them to install pollution control technologies. Boilers produce steam and hot water for industrial processes. Industry worries that the new regulations could price some wastes used as fuel out of the market, leading to their disposal in landfills instead.

The EPA also issued rules for smaller boilers requiring tune-ups to maintain their efficiency and new, additional standards for incinerators. The EPA estimates the annual cost of installing and operating control technologies to comply with the new regulations at $3.6 billion, while the agency estimates the annual health benefits at $18 billion to $44 billion. Mercury pollution can damage fetal development and the brain development of children.

The limits would take effect after a 45-day public comment period. A hearing is likely next month.

PRESS RELEASE
April 30, 2010

EPA to Cut Mercury, Other Toxic Emissions from Boilers, Solid Waste Incinerators
Environmental Protection Agency (EPA)

  • Cost-effective proposals would reduce harmful air pollution in communities across the United States

The U.S. Environmental Protection Agency (EPA) is issuing proposals that would cut U.S. mercury emissions by more than half and would significantly cut other pollutants from boilers, process heaters and solid waste incinerators. These pollutants include several air toxics which are known or suspected to cause cancer or other serious health problems and environmental damage. The proposed rules are estimated to yield more than 5 dollars in public health benefits for every dollar spent.

"Strong cuts to mercury and other harmful emissions will have real benefits for our health and our environment, spur clean technology innovations and save American communities billions of dollars in avoided health costs," said EPA Administrator Lisa P. Jackson. "This is a cost-effective, commonsense way to protect our health and the health of our children, and get America moving into the clean economy of the future."

Combined, these proposals would cut annual mercury emissions from about 200,000 industrial boilers process heaters and solid waste incinerators, slashing overall mercury emissions by more than 50 percent. Industrial boilers and process heaters are the second largest source of mercury emissions in the United States.

Mercury can damage children's developing brains and nervous systems even before they are born. When emitted to the air, mercury eventually settles in water, where it can change into methylmercury, which builds up in ocean and freshwater fish and can be highly toxic to people who eat the fish. This sometimes leads to fish consumption advisories to protect public health.
When fully implemented, today's proposal would yield combined health benefits estimated at $18 to $44 billion annually. These benefits include preventing between 2,000 and 5,200 premature deaths, and about 36,000 asthma attacks a year. Estimated annual costs of installing and operating pollution controls required under these rules would be $3.6 billion.

These actions cover emissions from two types of combustion units. The first type of unit, boilers and process heaters, burns fuel such as natural gas, coal, and oil to produce heat or electricity. These units can also burn non-hazardous secondary materials such as processed tires and used oil. Boilers are located at large industrial facilities and smaller facilities, including commercial buildings, hotels, and universities. The second type of unit, commercial and industrial solid waste incinerators, burns solid waste.

Large boilers and all incinerators would be required to meet emissions limits for mercury and other pollutants. Facilities with boilers would also be required to conduct energy audits to find cost effective ways to reduce fuel use and emissions. Smaller facilities, such as schools, with some of the smallest boilers, would not be included in these requirements, but they would be required to perform tune-ups every two years.

EPA is also proposing to identify which non-hazardous secondary materials would be considered solid waste and which would be considered fuel. This distinction would determine whether a material can be burned in a boiler or whether it must be burned in a solid waste incinerator. The agency is also soliciting comment on several other broader approaches that would identify additional non-hazardous secondary materials as solid waste when burned in combustion units.

EPA will take comment on these proposed rules for 45 days after they are published in the Federal Register. EPA will hold a public hearing on these rules soon after they are published in the Federal Register. For more information on the proposals and details on the pubic hearings: www.epa.gov/airquality/combustion.

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