## Tlle Business Coulncil

## for 

# FE7

# Sr¡stainal¡le I FIU

# Enerslz

May 

### 20,2011 LisaJackson, Administrator US EPA Headquarters 

### Ariel Rios Building 

### (110114) 1200 Pennsylvania 

### Avenue NW Washington, 

### DC 20460 Docket Number: EPA-HQ-OAR-2002-0058 

### Petition

### for Reconsideration of

### the National 

### Emission Standards 

### for Hazardous 

### Air Pollutants 

### for Major 

### Sources: lndustrial, Commercial, and 

### lnstitutional Boilers and 

### Process Heaterc, 76 

### Fed. Reg. 15608 

### (Mar. 21,20111 DearAdministrator Jackson, The Business Council for Sustainable Energy (BCSE, the Council) petitions EPAto reconsider two components ofthe National Emission Standards 

### for Hazardous 

### Air Pollutants (NESHAPs) 

### for New and Existing Sources 

### for Major Source lndustr¡al, Commercial, and lnstitution Boilers and Process Heaters (hereafter referred to as Boiler MACT). The Council applauds EPA's effort throughout 

### the ruleto emphasize the roleenergy efficiency can play in reducing hazardous air pollutants (HAPs) emissions cost-effectively. 

### As EPA noted in its Response 

### to Comments, improved combustion efficiency reduces fuel usage,

### which, in

### turn, reduces emissions.' Driving energy efficiency in a consistent manner across regulations and rules hasthe potential 

### to reduce emissions of multiple pollutants in a cost-effective manner. The Council offers 

### these recommendations asways to strengthen 

### the rule's effectiveness and contribute 

### to EPA's energy efficiency objectives: 

# 1. Clarify that facilities may simultaneously adopt the alternative output-based compliance standard and average emissions; 

# 2. Clarifythat coal-fired facilities seeking 

### to incorporate combined heatand power (CHP) 

### or waste heat recovery (VVHR) are eligible for a one-year compliance extension. Though not singled out

### for reconsideration in EPA's March 21, 201 1 Reconsideration Notice, the Council feels 

### these issues are appropriate 

### for Reconsideration under the Clean Air

### Act, Section 307(dX7Xb). The output-based standard compliance option

### was not included in

### the proposed rule and was 

### thus unable to be commented on during 

### the Notice of Proposed Rulemaking. The Council also seeks clarification to allow

### for increased new development of 

### CHp andWHR. 

### Allowing Output-Based 

### Sfandards and Emissions 

### Averaging The BCSE supports 

### the use ofoutput-based standards wherever possible to encourage system-wide efficiency. 

### As EPA has noted, "output-based emission standards provide a regulatory incentive to enhance unit operating efficiency and reduce emissions." "The BCSE and others 

### observe, however, that

### there does not seem to be an option for a regulated entity to simultaneously optfor output-based limitations and emissions averaging. Section 63.7522 ofthe rule instructs regulated entities that opt for emissions averaging 

### to useformulae for establishing initial compliance 

### (in63.7522(eX1) and (2)) and

### for demonstrating monthly compliance 

### (in63.7522(f)('l) and (2))that provide onty heat inputbased emissions rates. The Council notesthat there are no instructions or alternative formulae in 63.7522 for showing initial and monthly compliance using an output basis. Norarethere any directions inthe energy efficiency/conservation crediting section (63.7533) on how to simultaneously opt

### for output-based emissions limitations and emissions averaging. The BCSE 

### encourages EPA

### to

162O Eye 

### Street NW 

### . Suite 5O1 

### .Washington, DC

### 20006 

### . p:202,785.0607



### . f:2c.2.286.,c,614 

### . http://wwwbcse.org

### alter Sect¡on 63.7522 to allow and give clear direction forthose regulated under the rule seeking to opt simultaneously for output-based emissions limitations and emissions averaging. 

### Considering Fuel-Switching + ç¡1p¡11y¡1p 

### as 

### "Controls', Under the rule as written, an owner operating a coal-fired boiler who wishes 

### to useadd-on controls to comply with the Boiler MACT can request a one-year extension.from the permitting State should additíonal time be necessary for

### the inqtallation ofthe controls."'The BCSE encourages 

### EpAto clarify that the same one-year compliance extension can be offered to operators ofcoal-firéd boilers who choose to switch 

### to natural gas-fired systems 

### that include CHP orWHR. CHP and WHR developers and environmental engineeríng firms have expressed concerns that thethree year compliance 

### windowallowed 

### for switching fuel from coal to natural gas may not provide sufficient time for boiler owners to decide on efficient CHP orWHR as their compliance approach and

### to havethe equipment designed, permitted, and installed. lncluding CHP and WHR inthe definitíon of "controls" 

### unðeitne Act 

### willallow those choosing fuel-switching as a compliance option to installthe most efficient systems possible. Sincerely, 

# )..^

# 1^***

LisaJacobson President

Gina McCarthy, Assistant Administrator, Office ofAir and Radiation, US 

### EpA Office of General Counsel, US EPA Brian Shrager, Office ofAir Quality Planning and Standards, US 

### EpA

i76 Fed. Reg. 15608, 15630, Mar.21, 201 1, 

### "Final Rule: National Emission Standards 

### for Hazardous 

### Air Pollutants 

### for Major Sources: lndustrial, Commercial, and lnstitutional Boilers and 

### process Heaters." "76 Fed. Reg.

### at 1s630-31. 

### "'See 40 CFR 63.6 (Authorizing theAdministrator or delegated state authority to "grant an extension allowing the source up

### to 1additional year to comply with the standard, ifsuch additional period is necessary for the installation of controls").