Regulation of hazardous air pollutants emitted from fossil-fired boilers

The changes made in section 112 of the Clean Air Act by the 1990 Amendments to the Act will affect the regulation of hazardous air pollutants (HAPs) emitted by fossil-fired boilers. The 1990 Amendments designated 189 chemicals/compounds as HAPS. Major and area sources of these pollutants in categories designated by the Environmental Protection Agency (EPA) will be subject to emission standards set by EPA. Industrial and institutional/commercial boilers are two such categories of HAPs designated by EPA for which emission standards will be issued. Fossil-fired boilers can emit a variety of HAPS. All or a portion of such emissions that exceed designated thresholds are likely to be regulated. This paper discusses how the 1990 amendments impact fossil-fired boilers. The steps are outlined which can be taken by owners of industrial and institutional/commercial boilers before the final emission standards are issued. These steps include participation in EPA's standard setting process, participation in EPA's early reduction program to delay the time when compliance with the maximum achievable control technology (MACT) standard is required, and consideration of any planned modifications to a facility which might subject that facility to a MACT standard set in advance of the EPA-set standard