Air Toxics Notebook

Boilers - Area Sources - Industrial, Commercial, & Institutional - Subpart JJJJJJ

Applicability:40 CFR 63.11193 and 63.11195 []

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:6J - Initial Notif Received.pdf- 09/27/2011
Date of Original Final Rule:03/21/2011
Amendments Dates:02/01/2013 - Final Rule (78 FR 7487)
State Regulations (Title 129):Not yet adopted.
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 []

6J - Fed. Reg. 2013-02-01 - Final rule.pdf

6J - Fed. Reg. 2011-12-23 - Proposed rule, Reconsideration.pdf

6J - Fed. Reg. 2011-03-21 - Reconsideration notice.pdf

6J - Fed. Reg. 2011-03-21 - Final rule.pdf

6J - Fed. Reg. 2010-06-04 - Proposed rule.pdf
Forms:NDEQ Initial Notification Forms

6J - NDEQ Compliance Status  Notification - Tune-ups.pdf

6J - NDEQ Compliance Status  Notification - Tune-ups.docx

6J - NDEQ Compliance Status  Notification - Energy Assessment.pdf

6J - NDEQ Compliance Status  Notification - Energy Assessment.docx

6J - NDEQ Compliance Status  Notification - Emission Limits.pdf

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:6J - NDEQ Citations by Source Classification and Fuel Type.pdf

6J - EPA proposed_reconsideration changes_summary.pdf

6J - EPA brochure.pdf

6J - EPA Compliance Guide.pdf

6J - EPA Table of Requirements.xls

6J - EPA fast_facts.pdf

6J - EPA Tune-up Guidance.pdf
Presentations, Training and Articles:5D & 6J - EPA OAQPS Summary - Final Rules 03-2011.pdf
Other Information and Resources: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.
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.
6J - EPA No Action Assurance Letter for Tune-ups - 03-13-2012.pdf

EPA's Boiler & Process Heater Website [] - contains federal registers, regulatory background, and webinar information.

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

5D & 6J - Congressional Report on Proposal - 10-21-2010.pdf
Page Last Updated:10/15/2013

Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186