STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY Edmund G. Brown, Jr., Governor

July 15, 2011 

Ms. Lisa Jackson 

Administrator 

U.S. Environmental Protection Agency 

Ariel Rios Building 

1200 Pennsylvania Avenue 

Mail Code: 1101A 

Washington, DC 20460 

RE: Docket Number EPA–HQ–OAR–2002–0058 (National Emission Standards for 

Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and 

Institutional Boilers and Process Heaters; referred hereto in as the Rule) 

Dear Administrator Jackson: 

As a follow-up to comments submitted on August 19, 2010 from the California 

Governor’s Office, our agencies are writing in support of the U.S. Environmental 

Protection Agency’s (U.S. EPA) decision to reconsider certain aspects of the air toxics 

standards for major source boilers, particularly the numeric emissions limits set for 

biomass boilers. As members of the California Bioenergy Interagency Working Group, 

we want to reiterate our desire to ensure that the new standards do not unduly impact 

California’s biomass industry. 

As you know, California has adopted some of the nation’s most aggressive 

environmental protection programs including the Renewables Portfolio Standard, 

greenhouse gas reduction programs, waste diversion requirements, forest improvement 

and restoration, wildfire prevention, and air and water regulations. These efforts reflect 

our assessment that utilization of biomass residuals for energy production plays a vital 

role in reaching our environmental goals. While California supports U.S. EPA’s effort to 

reduce hazardous air pollutants, we are concerned that the numeric emissions limits set 

for major source biomass boilers in the Rule (as published in the Federal Register, Vol. 

76, No. 54, Monday, March 21, 2011) cannot be met by some existing facilities located 

in California without extensive capital expenditures; the magnitude of which have not 

been fully vetted during the rulemaking process. 

The composition of biomass directly affects the emissions of a biomass facility, and the 

composition of biomass is based on soil characteristics that vary by region. Therefore, 

we request that U.S. EPA consider these regional variations and the emissions from 

existing biomass boilers in California. In addition, as outlined in our August 19, 2010 

comment letter to your office, any analysis conducted should include consideration of 

existing state programs that have been established to reduce public exposure to 

hazardous air pollutants. 

CALIFORNIA ENERGY COMMISSION 

JAMES D. BOYD 

COMMISSIONER and VICE CHAIR 

1516 NINTH STREET, MS-34 

SACRAMENTO, CA 95814-5512 

(916) 654-3787 

(916) 653-1279 FAX
Ms. Lisa Jackson 

July 15, 2011 

Page 2 

In support of U.S. EPA’s efforts to further study the effects of the proposed rules, the 

California Air Resources Board has offered to assist U.S. EPA in analyzing the source 

emission data submitted by California biomass facilities, and to provide 

recommendations in setting numeric emissions limits for biomass boilers. 

Thank you for your consideration of these comments. 

Sincerely, 

James D. Boyd, Vice Chair 

California Energy Commission 

Chair, California Bioenergy Interagency Working Group 

Mary Nichols, Chairman 

California Air Resources Board 

Crawford Tuttle 

Chief Deputy Director 

California Department of Forestry and Fire Protection 

Mark Leary, Acting Director 

California Department of Resources Recycling and Recovery 

Enclosure: August 19, 2010 letter from the California Governor’s Office