The devices regulated by the rule (boilers and process heaters) not only combust fuel for producing steam and/or process heat but serve a dual function in that they also effectively control organic HAP when good combustion conditions are present. For these reasons, the EPA concludes that the level of CO emissions, which indicates organic HAP reductions achieved through the use of combustion controls, is an appropriate surrogate for controlling organic HAP emissions from boilers and process heaters.
In the Sierra Club, et al. v. EPA remand, the Court found that EPA did not provide a sufficient explanation to support its rationale establishing a 130-parts per million (ppm) threshold as the lowest CO limit. In the 2013 rule, EPA determined, based on its data, that no additional reduction of organic HAP would occur once CO levels had been reduced to 130 ppm.
In the proposed response, EPA explains that its determination regarding the 130 ppm threshold is supported by an independent study and an EPA study that demonstrate a similar trend.
EPA will accept comment on the proposal for 60 days after publication in the Federal Register.
Go to https://www.regulations.gov/ and follow the online instructions for submitting comments.
Send comments by email to firstname.lastname@example.org, Attention: Docket ID No. EPAHQ-OAR-2002-0058.