From: Aubrey Baldwin

Sent: Fri Jul 29 12:56:49 2011

To: GINSBURG Andy; Comment-SmBoilerPerm

Subject: Will this go forward?

Importance: Normal

 

Hello,

 

There are bills in Congress currently that would postpone or avoid

entirely the industrial boiler MACT regulations finalized in

February. If that is true, will be DEQ rule still exempt small and

mid sized boilers from compliance with Heat Smart, or will it only

exempt those boilers that are IN FACT covered by the boiler MACT? I'm

trying to clarify this statement in the rulemaking announcement:

 

 

The proposed permanent rules would exempt small-scale commercial,

industrial and institutional boilers from the Heat Smart regulations

if they are subject to federal emissions standards for hazardous air

pollutants and the user complies with existing construction approval

requirements

 

 

So, this new rule would ONLY apply if the boiler MACT is applied to a

particular source? Would heat smart apply until then? Would heat smart

re-apply if the MACT is overridden by congressional action?

 

The language in the proposed rule: "The owner or operator of a boiler

that is subject to [the MACT] as in effect on December 16, 2011,"

seems confusing because a source could be "subject to [MACT] as in

effect on December 16, 2011," but that MACT may go away soon after, or

before, resulting in a need to amend the rule. For example, if the

MACT is overridden by congressional action before December 16, 2011,

but before EQC adopts the rule, DEQ will perhaps want to make changes

to the rule - as no one will be "subject to" 40 CFR part 63, subpart

JJJJJJ or DDDDD. Similarly, if the MACTs overridden after December

16, 2011, and after EQC approval, those that were subject will no

longer be, thus the rule will not be applicable to them. If that's

the case, it seems that small and mid-sized boilers will still be

subject to heat smart.

 

Just trying to clarify what might happen to this rule during the

comment period.

 

Thanks,

 

Aubrey

 

_______________________________

Aubrey Baldwin

Staff Attorney and Assistant Clinical Professor

Pacific Environmental Advocacy Center (PEAC)

at Lewis and Clark Law School

10015 SW Terwilliger Blvd.

Portland, OR 97219

T. 503-768-6929 F. 503-768-6642

 

www.PEAClaw.org