Air Toxics Notebook
Boilers - Area Sources - Industrial, Commercial, & Institutional  -  Subpart JJJJJJ

Applicability: eCFR Subpart JJJJJJ [ecfr.gov]

This subpart applies to:
  • new and existing industrial, commercial, and institutional boilers located at Area Sources of HAPs (hazardous air pollutants)*
*Area Sources of HAPs emit or have the potential to emit:
  • < 10 tons per year of a single HAP, or
  • < 25 tons per year of combined HAPs.
  • Major Sources emit more than Area Sources.

Not subject to this subpart:
  1. Gas-fired, electric, residential, and temporary boilers
  2. Boilers used specifically for research and development
  3. Hot water heaters
  4. Hazardous waste boilers covered under NESHAP Subpart EEE or section 3005 of the Solid Waste Disposal Act
  5. Electric utility steam-generating units covered under NESHAP Subpart UUUUU
Rules apply to small, area sources? Yes
Known Sources in NDEQ Jurisdiction:
(See attached file: 6J - Initial Notifications Received as of 2014-05-01.pdf)

SizeFile Name
186 KB 6J - Initial Notifications Received as of 2014-05-01.pdf
Date of Original Final Rule: 3/21/11
Amendments Dates: 09/14/2016 - Final Rule; Notice of final action on reconsideration
01/21/2015 - Proposed Rule; Request for public comment
02/01/2013 - Final Rule (78 FR 7487)
State Regulations (Title 129): Title 129, Chapter 28, Section 001.24. 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 63.11193
Related Rules:

NSPS - 40 CFR Part 60

Subpart 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 DDDDD - Boilers & Process Heaters (major sources)
Regulations and Federal Registers: eCFR Subpart JJJJJJ [ecfr.gov]

(See attached file: 6J - Fed. Reg. 2016-09-14 - Final rule.pdf)

(See attached file: 6J - Fed. Reg. 2015-01-21 - Proposed rule.pdf)

(See attached file: 6J - Fed. Reg. 2013-02-01 - Final rule.pdf)

(See attached file: 6J - Fed. Reg. 2011-12-23 - Proposed rule, Reconsideration.pdf)

(See attached file: 6J - Fed. Reg. 2011-03-21 - Reconsideration notice.pdf)

(See attached file: 6J - Fed. Reg. 2011-03-21 - Final rule.pdf)

(See attached file: 6J - Fed. Reg. 2010-06-04 - Proposed rule.pdf)

SizeFile Name
311 KB 6J - Fed. Reg. 2016-09-14 - Final rule.pdf
289 KB 6J - Fed. Reg. 2015-01-21 - Proposed rule.pdf
527 KB 6J - Fed. Reg. 2013-02-01 - Final rule.pdf
214 KB 6J - Fed. Reg. 2011-12-23 - Proposed rule, Reconsideration.pdf
179 KB 6J - Fed. Reg. 2011-03-21 - Reconsideration notice.pdf
412 KB 6J - Fed. Reg. 2011-03-21 - Final rule.pdf
311 KB 6J - Fed. Reg. 2010-06-04 - Proposed rule.pdf
Forms: NDEQ Initial Notification Forms

(See attached file: 6J - NDEQ Compliance Status Notification - Tune-ups.pdf)

(See attached file: 6J - NDEQ Compliance Status Notification - Tune-ups.docx)


(See attached file: 6J - NDEQ Compliance Status Notification - Energy Assessment.pdf)

(See attached file: 6J - NDEQ Compliance Status Notification - Energy Assessment.docx)


(See attached file: 6J - NDEQ Compliance Status Notification - Emission Limits.pdf)

(See attached file: 6J - NDEQ Compliance Status Notification - Emission Limits.docx)

SizeFile Name
217 KB 6J - NDEQ Compliance Status Notification - Tune-ups.pdf
51 KB 6J - NDEQ Compliance Status Notification - Tune-ups.docx
183 KB 6J - NDEQ Compliance Status Notification - Energy Assessment.pdf
52 KB 6J - NDEQ Compliance Status Notification - Energy Assessment.docx
253 KB 6J - NDEQ Compliance Status Notification - Emission Limits.pdf
70 KB 6J - NDEQ Compliance Status Notification - Emission Limits.docx
Important Dates: Source Classification
  • Existing Source = Commenced construction or reconstruction on or before June 4, 2010.
  • New Source = Commenced construction or reconstruction after June 4, 2010.
Initial Notification
  • No later than Jan 20, 2014, or within 120 days of becoming subject to this subpart, whichever is later.
Compliance Dates
  • Existing Sources = March 21, 2014
  • New sources = May 20, 2011 or upon startup, whichever is later.
Notice of Intent to Test
  • 60 days prior to test
Compliance Status Notification
  • If not required to test = 120 days after compliance date
  • If required to test = 60 days after test
Compliance Report
  • Annual
    • Must be prepared by March 1
    • Must be submitted upon request, or by March 15 if deviations occur.
  • Boilers subject only to biennial or 5-year tune-up requirements need only prepare and submit reports by the above dates on a biennial or 5-year basis.

FAQs, Fact Sheets, and Rule Summaries: EPA’s Subpart JJJJJJ Website [epa.gov] – Contains federal register notices and implementation tools


(See attached file: EPA Redline-Strikeout Document - Aug 2016 Area Source Reconsideration Final Rule Compared to Feb 2013 Area Source Final Rule.pdf)

(See attached file: 6J - Fact Sheet 2016-08-24.pdf)

(See attached file: 6J - Fact Sheet 2014-12-01.pdf)

(See attached file: 6J - NDEQ Citations by Source Classification and Fuel Type.pdf)

(See attached file: 6J - EPA proposed_reconsideration changes_summary.pdf)

(See attached file: 6J - EPA brochure.pdf)

(See attached file: 6J - EPA Compliance Guide.pdf)

(See attached file: 6J - EPA Table of Requirements.xls)

(See attached file: 6J - EPA fast_facts.pdf)

(See attached file: 6J - EPA Tune-up Guidance.pdf)

SizeFile Name
248 KB EPA Redline-Strikeout Document - Aug 2016 Area Source Reconsideration Final Rule Compared to Feb 2013 Area Source Final Rule.pdf
94 KB 6J - Fact Sheet 2016-08-24.pdf
95 KB 6J - Fact Sheet 2014-12-01.pdf
129 KB 6J - NDEQ Citations by Source Classification and Fuel Type.pdf
16 KB 6J - EPA proposed_reconsideration changes_summary.pdf
135 KB 6J - EPA brochure.pdf
379 KB 6J - EPA Compliance Guide.pdf
71 KB 6J - EPA Table of Requirements.xls
59 KB 6J - EPA fast_facts.pdf
74 KB 6J - EPA Tune-up Guidance.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: On August 23, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice announcing final decisions on the five specific issues for which reconsideration was granted for the agency’s 2013 final amendments:
  1. establishment of a subcategory and separate requirements for limiteduse boilers;
  2. an alternative particulate matter (PM) standard for new oilfired boilers that combust low–sulfur oil;
  3. establishment of a provision that eliminates further performance testing for PM for certain boilers based on their initial compliance test;
  4. establishment of a provision that eliminates further fuel sampling for mercury for certain coal–fired boilers based on their initial compliance demonstration; and
  5. definitions of startup and shutdown periods.
EPA retained the subcategory and separate requirements for limited–use boilers, consistent with the February 2013 final rule.

EPA amended three provisions, consistent with the alternatives for which comment was solicited in the January 2015 proposal, as follows:
  • an alternative PM standard for new oilfired boilers that combust ultralowsulfur liquid fuel in place of the alternative PM standard for new oil–fired boilers that combust lowsulfur oil;
  • a provision that requires further performance testing for PM every 5 years for certain boilers based on their initial compliance test in place of the provision eliminating further performance testing for such boilers; and
  • a provision that requires further fuel sampling for mercury every 12 months for certain coal–fired boilers based on their initial compliance demonstration in place of the provision eliminating further fuel sampling for mercury for such boilers.
EPA also made minor changes to the proposed definitions of startup and shutdown based on comments received.

On 7/18/12, EPA issued a No Action Assurance for the Compliance Status Notification requirement for Tune-ups. The final rule required the Compliance Status Notification for Tune-ups by 7/19/12. EPA issued a No Action Assurance (below) for conducting the initial tune-up and this remains in effect. Because the tune-up requirement has been extended, the compliance status notification is also extended. The No Action Assurance will remain in effect until 12/31/12 or until the proposed reconsideration is finalized.
(See attached file: 6J - No Action Assurance Extension - 07-18-2012.pdf)

On 3/13/12, EPA issued a No Action Assurance Letter for the tune-up deadline. This means although the rule states that initial tune-ups must be completed by March 21, 2012, using their enforcement discretion, EPA will not pursue enforcement action for violations of initial tune-up deadlines in the Area Source Boiler rule. EPA proposed to extend the compliance date for initial tune-ups from March 21, 2012 until March 21, 2013, however, EPA has not yet finalized this change. The No Action Assurance remains in effectu until 10/1/12 or until the proprosed reconsideration is finalized.
(See attached file: 6J - EPA No Action Assurance Letter for Tune-ups - 03-13-2012.pdf)

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 & 6J - Congressional Report on Proposal - 10-21-2010.pdf)

SizeFile Name
2,024 KB 6J - No Action Assurance Extension - 07-18-2012.pdf
1,174 KB 6J - EPA No Action Assurance Letter for Tune-ups - 03-13-2012.pdf
1,399 KB 5D & 6J - Congressional Report on Proposal - 10-21-2010.pdf
Notes:
Page Last Updated: 2/2/18