Air Toxics Notebook
Boilers & Process Heaters - Major Sources - Commercial, Industrial & Institutional -  Subpart DDDDD

Applicability: eCFR Subpart DDDDD - [ecfr.gov]

This subpart applies to:
  • new, reconstructed, and existing industrial, commercial, and institutional boilers and process heaters located at Major Sources of hazardous air pollutants (HAPs)*.

Not subject to this subpart:
  1. Electric utility steam-generating units (EGUs)
  2. Recovery boilers/furnaces
  3. Boilers or process heaters used specifically for research and development
  4. Hot water heaters
  5. Temporary boilers
  6. Refining kettles
  7. Ethylene cracking furnaces
  8. Blast furnace stoves
  9. Blast furnace gas fuel-fired boilers and process heaters
  10. Hazardous waste boilers

*Major Sources of HAPs emit or have the potential to emit:
  • ≥ 10 tons per year of a single HAP, or
  • ≥ 25 tons per year of total HAPs.
  • Area Sources emit less than Major Sources.
Rules apply to small, area sources? No
Known Sources in NDEQ Jurisdiction:
(See attached file: 5D - Initial Notifications Received 2014-05-27.pdf)

SizeFile Name
191 KB 5D - Initial Notifications Received 2014-05-27.pdf
Date of Original Final Rule: 3/21/11
Amendments Dates: 11/20/2015 - Final Rule; Final Action on Reconsideration
01/31/2013 - Final Rule
12/23/2011 - Proposed Rule
05/18/2011 - Delay of effective date during Reconsideration
03/21/2011 - Final Rule, Reconsideration of Final Rule
06/04/2010 - Proposed Rule
State Regulations (Title 129): Title 129, Chapter 28, Section 001.70. Sources are also responsible for ensuring they are in compliance with current federal requirements found for this subpart in the CFR.
Federal Regulations: 40 CFR 63.7480
Related Rules:

NSPS – 40 CFR Part 60

Subpart D, Da, Db, Dc - Fossil fuel-fired, electric utility, large and small industrial, commercial, and institutional steam generating units.
Subpart CCCC - Commercial, Industrial Solid Waste Incinerators - New units
Subpart DDDD - Commercial, Industrial Solid Waste Incinerators - Existing Units

NESHAP - 40 CFR Part 63
Subpart JJJJJJ - Boilers (area sources)
Regulations and Federal Registers:
eCFR Subpart DDDDD - [ecfr.gov]

(See attached file: 5D - Fed. Reg. 2015-11-20 - Final Rule; Action on Reconsideration.pdf)

(See attached file: 5D - Fed. Reg. 2013-01-31 - Final Rule.pdf)

(See attached file: 5D - Fed. Reg. 2011-12-23 - Proposed Rule.pdf)

(See attached file: 5D - Fed. Reg. 2011-05-18 - Delay of effective date during Reconsideration.pdf)

(See attached file: 5D - Fed. Reg. 2011-03-21 - Reconsideration of Final Rule.pdf)

(See attached file: 5D - Fed. Reg. 2011-03-21 - Final rule.pdf)

(See attached file: 5D - Fed. Reg. 2010-06-04 - Proposed Rule.pdf)

SizeFile Name
550 KB 5D - Fed. Reg. 2015-11-20 - Final Rule; Action on Reconsideration.pdf
883 KB 5D - Fed. Reg. 2013-01-31 - Final Rule.pdf
588 KB 5D - Fed. Reg. 2011-12-23 - Proposed Rule.pdf
185 KB 5D - Fed. Reg. 2011-05-18 - Delay of effective date during Reconsideration.pdf
179 KB 5D - Fed. Reg. 2011-03-21 - Reconsideration of Final Rule.pdf
668 KB 5D - Fed. Reg. 2011-03-21 - Final rule.pdf
443 KB 5D - Fed. Reg. 2010-06-04 - Proposed Rule.pdf
Forms: (See attached file: 5D - NDEQ Initial Notification Form.pdf)(See attached file: 5D - NDEQ Initial Notification Form.docx)
SizeFile Name
186 KB 5D - NDEQ Initial Notification Form.pdf
49 KB 5D - NDEQ Initial Notification Form.docx
Important Dates: Source Classification
  1. Existing Source:
    • Commenced construction or reconstruction on or before June 4, 2010.
  2. New Source:
    • Commenced construction or reconstruction after June 4, 2010.
Initial Notification
  1. If startup date is before Jan 31, 2013:
    • Must notify by May 31, 2013.
  2. If startup date is on or after Jan 31, 2013:
    • Must notify within 15 days of startup.
Compliance Dates
  1. Existing source:
    • Must comply by Jan 31, 2016.
  2. New or reconstructed source:
    • Must comply by April 1, 2013 or upon startup, whichever is later.
Notice of Intent to Test
  • 60 days prior to test.
Compliance Status Notification
  • No later than 60 days after the test and/or other initial compliance demonstration(s).
Compliance Reports
  1. Semiannual for sources with emissions or operating limits.
  2. Sources that are required only to do biennial, annual, or 5-year tune-ups may instead submit biennial, annual, or 5-year reports, respectively.
  3. The first report:
    • Must cover the period from the compliance date to either Jan 31 or July 31, whichever is at least 180 days after the compliance date.
    • Must be submitted no later than Jan 31 or July 31, whichever follows the end of the first calendar half after the compliance date.
  4. Subsequent reports:
    • Must cover the period from Jan 1 through June 30 or July 1 through Dec 31.
    • Must be submitted no later than July 31 or Jan 31, whichever comes first.

FAQs, Fact Sheets, and Rule Summaries:
(See attached file: 5D - EPA Redline Strikeout showing October 2015 changes compared to January 2013.pdf)

(See attached file: 5D - EPA Compliance Guide for 2013 Rule.pdf)

(See attached file: 5D - EPA Fact Sheet - Final Reconsideration November 2015.pdf)

(See attached file: 5D - EPA Fact Sheet - Reconsideration of the Air Toxics Standards December 2014.pdf)

(See attached file: 5D - Boiler No Action Assurance Letter - 02-07 2012.pdf)

(See attached file: 5D - EPA1-18-12 letter of no action assurance.pdf)

(See attached file: 5D - Vacature of Boiler Stay 010912.pdf)

(See attached file: 5D - Stayed Effectiveness 05-16-2011.pdf)

SizeFile Name
739 KB 5D - EPA Redline Strikeout showing October 2015 changes compared to January 2013.pdf
959 KB 5D - EPA Compliance Guide for 2013 Rule.pdf
26 KB 5D - EPA Fact Sheet - Final Reconsideration November 2015.pdf
95 KB 5D - EPA Fact Sheet - Reconsideration of the Air Toxics Standards December 2014.pdf
1,264 KB 5D - Boiler No Action Assurance Letter - 02-07 2012.pdf
147 KB 5D - EPA1-18-12 letter of no action assurance.pdf
163 KB 5D - Vacature of Boiler Stay 010912.pdf
26 KB 5D - Stayed Effectiveness 05-16-2011.pdf
Presentations, Training and Articles: (See attached file: 5D & 6J - EPA OAQPS Summary - Final Rules 03-2011.pdf)
SizeFile Name
173 KB 5D & 6J - EPA OAQPS Summary - Final Rules 03-2011.pdf
Other Information and Resources: EPA's Boiler & Process Heater Website [epa.gov] - contains federal registers, regulatory background, and webinar information.

EPA Sponsored Combustion Portal [combustionportal.org] - Federal & state compliance information & sustainability content for combustion processes

(See attached file: 5D - DOE Guidance for Calculated Emission Credits.pdf)

(See attached file: 5D & 6J - Congressional Report on Proposal - 10-21-2010.pdf)

SizeFile Name
582 KB 5D - DOE Guidance for Calculated Emission Credits.pdf
1,399 KB 5D & 6J - Congressional Report on Proposal - 10-21-2010.pdf
Notes:
Page Last Updated: 2/16/18