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National Emission Standards for Hazardous Air Pollutants for Industrial / Commercial, and Institutional Boilers and Process Heaters Legacy Docket ID #: A-96-47

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Edison Electric Institute filings
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Edison Electric Institute filed 1 comment on this docket between Aug 24, 2010 and Aug 24, 2010. 480 other organizations filed here. The comment window closed 2104d ago.

What Edison Electric Institute filed (1)

Aug 24, 2010· Comment submitted by Quinlan J. Shea, III, Executive Director, Environment, Edison Electric Institute (EEI)· EPA-HQ-OAR-2002-0058-2755

Dear Sir or Madam: The Edison Electric Institute (EEI) appreciates the opportunity to submit comments on the proposed National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial Commercial, and Institutional Boilers and Process Heaters ("IB MACT"). EEI is the association of shareholder-owned electric companies, international affiliates and industry associates worldwide. Our U.S. members serve more than 90 percent of the ultimate customers in the shareholder-owned segment of the industry, and nearly 70 percent of all electric utility ultimate customers in the nation. They generate almost 70 percent of the electricity generated by U.S. electric utilities. EEI members own and operate industrial boilers and process heaters. EPA is developing maximum achievable control technology (MACT) standards for electric utility steam generating units under CAA § 112(d) and has indicated in the information collection request (ICR) for EGUs that it intends to follow a similar approach in setting MACT limits in that rulemaking as it has followed in the IB MACT rulemaking. As described below, EPA has the legal discretion and technical justification to substantially reduce the burden of the proposed standards while still providing ample protection to health and the environment. We provide comments and recommendations in the following key areas of the proposed rule: EPA should establish health based emissions limitations under § 112(d)(4) when appropriate. EPA has requested comments on whether the agency should impose a health-based standard under § 112(d)(4) for HCl and other acid gas emissions. Section 112(d)(4) authorizes EPA to set health-based emissions limitations when establishing standards for HAPs under § 112(d). Section 112(d)(4) allows EPA to match the stringency of a HAP emissions limitation to the level determined necessary to fully protect human health. As a result, the standard is no more stringent and no less stringent than needed to protect human health. The default technology-based method of setting MACT standards is an approach that can and does result in HAP emissions limitations that go well beyond what is needed to protect the public. The clear purpose of § 112(d)(4) is to prevent the promulgation of unduly stringent emission limits simply for the sake of regulation. The legislative history of § 112(d)(4) is clear on this point. In formulating § 112(d)(4), Congress recognized that, "For some pollutants a MACT emissions limitation may be far more stringent than is necessary to protect public health and the environment." As a result, § 112(d)(4) was provided as an alternative standard setting mechanism for HAPs "where health thresholds are well-established … and the pollutant presents no risk of other adverse health effects, including cancer…." In the proposed IB MACT, EPA acknowledges its authority under § 112(d)(4) to establish a health-based emissions limitation for threshold pollutants in lieu of a MACT emissions limitation. However, the agency proposes not to establish any health based emissions limitations "[g]iven the limitations of the currently available information (i.e., the HAP mix where boilers are located, and the cumulative health impacts from co-located sources), the environmental effects of HCl, and the significant co-benefits of setting a conventional MACT standard for HCl." Nevertheless, EPA asks for comment on a wide range of issues related to the justification for setting health based emissions limitations and the method by which they should be set. Section § 112(d)(4)'s inclusion in the 1990 CAA Amendments indicates a congressional intent to retain the health endpoint of the original § 112 – protection of public health with an ample margin of safety. If the emissions of a given HAP from all sources in a source category are at a level where public health is protected with an ample margin of safety,…

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Abstract

Contact: Lisa Thompson, Office of Air Quality Planning and Standards, (919) 541-9775, thompson.lisa@epa.gov

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National Emission Standards for Hazardous Air Pollutants for Industrial / Commercial, and Institutional Boilers and Process Heaters Legacy Docket ID #: A-96-47 (EPA) — Edison Electric Institute | OpenPolis