In February 2011, the U.S. EPA promulgated new regulations that will require the use of Maximum Achievable Control Technology (“MACT”) for reducing hazardous air pollutant (“HAP”) emissions from institutional, commercial and industrial boilers. The “Boiler MACT” will apply to boilers located at “major” sources of HAPs, those emitting 10 tons per year or more of a single HAP or 25 tons per year of any combination of HAPs. EPA estimates that there are approximately 13,800 of these boilers. Companion regulations commonly known as the “Area Source Rule” will regulate boilers located at minor sources of HAPs. The Area Source Rule will affect many types of facilities, including industrial or manufacturing facilities with low HAP emissions, and non-industrial facilities such as hospitals, hotels, colleges and universities, and commercial buildings. The EPA estimates that there are approximately 187,000 boilers located at area sources of HAPs. For more information please contact Matt Eugster at mbeugster@varnumlaw.com
