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Boiler Model Permit Guidance

This Permit Guidance is intended to provide state and local air pollution control agencies with important tools for regulating hazardous air pollution from the approximately 3,000 industrial, commercial and institutional boilers and process heaters (ICI Boilers), located at refineries, paper mills, manufacturing plants and other facilities in every state in the country. EPA’s Maximum Achievable Control Technology (MACT) rule for ICI Boilers was struck down by the court in June 2007. Pursuant to Section 112(j) of the Clean Air Act (the “MACT hammer”), because there is not a federal rule in place regulating the source category, state and local agencies are required to set the limits for the affected facilities on a case-by-case basis. These limits must be equivalent to those that would have applied to the source had EPA promulgated a MACT standard consistent with the Act. Because of the potentially significant workload associated with developing MACT limits on a case-by-case basis for the large number of affected sources, and the short deadlines imposed by the CAA for state and local actions, NACAA decided to develop this Permit Guidance. The association collected and analyzed extensive emissions data relating to ICI Boilers and developed a set of recommendations for MACT. Additionally, NACAA reviewed the technologies and included information about technologies and costs in the document.

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