The Environmental Protection Agency (EPA) recently issued four rules that create emissions standards and other work practice requirements for facilities with boilers based on criteria such as size, design, and fuels used. Among other things, the rules divide the world of combustion units into those fueled by “legitimate fuels” and those incinerating solid waste and update the definition of “solid waste.”

The rules, below, were published in the Federal Register on March 21, 2011:

• National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (Major Source ICI Boiler NESHAP)
• National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (Area Source ICI Boiler NESHAP)
• Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units (CISWI)
• Identification of Non-Hazardous Secondary Materials That Are Solid Waste (New solid waste definition).

Combustion units incinerating solid waste will be regulated by the relatively stringent CISWI standards. Major combustion units fueled by non-waste traditional fuels will be regulated by the new Major Source ICI Boiler NESHAP or the more relaxed Area Source ICI Boiler NESHAP for smaller units.

Existing affected sources must comply with the applicable rule no later than 3 years after its Federal Register publication date. New and reconstructed affected sources (i.e., those commencing construction after June 4, 2010, the date on which EPA first proposed these regulations) must comply with the applicable rule within 60 days of publication or immediately upon startup, whichever is later.

For a more detailed explanation of the rules, please visit www.ballardspahr.com.

Copyright 2011 by, and reprinted with the permission of, the law firm Ballard Spahr LLP. This alert aims to notify recipients about legal developments. The content is intended for general information purposes only. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. You are advised to consult your Ballard Spahr or other attorney regarding your specific legal situation. This alert is available online at www.ballardspahr.com.