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 Heater s; 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 writi ng in support of the U.S. Environmental Protection Agency’s (U.S. EPA) decision to rec onsider certain aspects of the air toxics standards for major source boilers, particula rly the numeric emissions limits set for

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

we want to reiterate our des ire to ensure that the new st andards do not unduly impact California’s biomass industry.

As you know, California has adopted so me of the nation’s most aggressive environmental protection programs including the Renewables Portfolio Standard, greenhouse gas reduction programs, waste divers ion requirements, forest improvement and restoration, wildfire prevention, and air and water regulations. These efforts reflect

our assessment that utilizatio n of biomass residuals for energy production plays a vital role in reaching our environmental goals. Wh ile 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 F ederal Register, Vol. 76, No. 54, Monday, March 21, 2011) cannot be met by some existing facilities located in California without extensive capital expen ditures; 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 characte ristics that vary by region. Therefore, we request that U.S. EPA consider these r egional 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 analysi s conducted should incl ude consideration of existing state programs that have been est ablished 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 FAXMs. 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 consider ation of these comments.

Sincerely,

James D. Boyd, Vice Chair California Energy Commission Chair, California Bioene rgy 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 Go vernor’s Office