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McNees Environmental Client Alert

January 7, 2014

Regulatory Deadline to File Initial Notification for Existing Area Source Boilers Is January 20, 2014

This is a reminder that you may be required to file an initial notification with the U.S. EPA and Pennsylvania DEP if you operate an industrial boiler.  The finalized U.S. EPA National Emission Standard for Hazardous Air Pollutants (“NESHAP”) “Boiler MACT” area source rule (40 CFR Part 63, subpart JJJJJJ) applies, if:

  1. You are an “area source.”

    Area sources are commercial (laundries, apartments, hotels), institutional (schools, churches, medical centers, municipal buildings) or industrial (manufacturing, refining, processing, mining) facilities that emit or have the potential to emit less than 10 tons per year of a single hazardous air pollutant, or less than 25 tons per year of combined hazardous air pollutants.

  2. Your boiler burns
    – coal
    – oil or other liquid fuel
    – biomass
    – non-waste materials

    A boiler uses controlled flame combustion to burn coal and other substances such as oil or biomass to produce steam or hot water, which is then used for energy or heat.

In addition to other requirements, the Area Source Boiler MACT rule requires that you file an Initial Notification Form with the appropriate EPA or delegated State Environmental Agency by January 20, 2014.  (Copy of Form)

  • Selected Rule requirements for existing affected sources (Quick reference document)
    • Initial Notification by January 20, 2014
    • Tune-up or emission limit compliance demonstration by March 21, 2014 with reporting via Electronic Notification of Compliance Report(“NOCS”) by July 19, 2014.
    • Certain affected sources (boilers with heat input greater than 10 MMBTU/hr that are not limited use boilers) are required to do a one-time energy assessment by March 21, 2014 (unless facility operates under an energy management program compatible with ISO 50001 that includes the affected units.)
  • Boilers not subject to area source Boiler MACT:
    • Gas-fired boiler are exempt from coverage under the rule
    • Hot water heater (with a capacity of no more than 120 gallons (including tankless units) and/or with a heat input capacity of less than 1.6 million Btu/hr)
    • Waste heat boiler
    • Boilers covered under another NESHAP, or used as control devices to comply with other standards
    • R&D boilers
    • Clean Air Act section 129 affected sources (Hospital/infectious Medical Waste Incinerators, Commercial/Industrial Solid Waste Incinerators, Sewage Sludge Incinerators)
    • Hazardous Waste Boilers
    • Temporary boilers (movable)
    • Residential boilers (dwellings containing four or fewer families or a single unit residence dwelling that has been converted into condominiums or apartments)
    • Electric boilers
    • Electric utility steam generating units (“EGUs”)