Frankenstein Boiler Still Alive: EPA's New Boiler MACT and Solid Waste Rules

EPA's newly finalized suite of boiler rules and solid waste definitions contain some welcome relief for small emitting "area source" facilities and small boilers, including natural gas and some coal, fuel oil and biomass units, and for certain non-waste alternative fuels. But, with the exception of natural gas-fired boilers, the rules continue to prescribe stringent emission limits for large boilers, including those firing coal, biomass or oil. These limits are based on a model boiler that industry has dubbed the "Frankenstein Boiler" or the "Franken Boiler" because it doesn't exist in the real world.

Finalizing these rules under a court imposed deadline on February 21, 2010, EPA took the unusual step of immediately announcing its intent to reconsider the three major rules in this package. While EPA has opened the door for changes to the rules before they become effective for "existing" sources in 2014, its reconsideration is stated to be limited to certain