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