Regulatory Applicability and Compliance Concerns for 'Steam Generating Unit' NSPS at Certain Petroleum Refinery Furnaces

摘要

Fuel-fired boilers at petroleum refineries are subject to the "steam generating unit" standards of performance in Subparts Db and Dc of 40 CFR 60, depending on the boiler's design heat input capacity and its date of construction or most recent reconstruction or modification. The definition of "steam generating unit" specifically exempts "process heaters," so most furnaces and heaters at petroleum refineries have generally been regarded as inapplicable to these NSPS. However, a closer examination of regulatory applicability determinations by the US Environmental Protection Agency (EPA) and a recent legal decision have highlighted the concern that certain furnaces may not meet the process heater exemption and may be potentially subject to these standards.