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B-334676 Oct 17, 2022 1 (2022-10-17)

handle is hein.gao/gaontz0001 and id is 1 raw text is: G  a  .    U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548
B-334676
October 17, 2022
The Honorable Thomas R. Carper
Chairman
The Honorable Shelley Moore Capito
Ranking Member
Committee on Environment and Public Works
United States Senate
The Honorable Frank Pallone, Jr.
Chairman
The Honorable Cathy McMorris Rodgers
Republican Leader
Committee on Energy and Commerce
House of Representatives
Subject: Environmental Protection Agency: National Emission Standards for Hazardous Air
Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and
Process Heaters
Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Environmental Protection Agency (EPA) entitled National Emission
Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and
Institutional Boilers and Process Heaters (RIN: 2060-AU20). We received the rule on
September 9, 2022. It was published in the Federal Register as a final rule on October 6, 2022.
87 Fed. Reg. 60816. The effective date is December 5, 2022.
EPA states that the final rule finalizes amendments to the national emission standards for
hazardous air pollutants (NESHAP) at major sources from new and existing industrial,
commercial, and institutional (ICI) boilers and process heaters. EPA further states that the rule
finalizes amendments to several numeric emission limits for new and existing boilers and
process heaters, consistent with recent federal court rulings, and sets compliance dates for
these new emission limits. Finally, EPA states that the rule provides further explanation of one
aspect of EPA's use of carbon monoxide (CO) as a surrogate for organic hazardous air
pollutants (HAP) and its use of a CO threshold to represent the application of the maximum
achievable control technology (MACT) for organic HAP, as well as finalizes several technical
clarifications and corrections.
Enclosed is our assessment of EPA's compliance with the procedural steps required by section
801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about
this report or wish to contact GAO officials responsible for the evaluation work relating to the

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