||eCFR Subpart JJJJJJ [ecfr.gov]
This subpart applies to:
*Area Sources of HAPs emit or have the potential to emit:
- new and existing industrial, commercial, and institutional boilers located at Area Sources of HAPs (hazardous air pollutants)*
- < 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:
- Gas-fired, electric, residential, and temporary boilers
- Boilers used specifically for research and development
- Hot water heaters
- Hazardous waste boilers covered under NESHAP Subpart EEE or section 3005 of the Solid Waste Disposal Act
- Electric utility steam-generating units covered under NESHAP Subpart UUUUU
|Rules apply to small, area sources?
|Known Sources in NDEQ Jurisdiction:
(See attached file: 6J - Initial Notifications Received as of 2014-05-01.pdf)
|Date of Original Final Rule:
||02/01/2013 - Final Rule (78 FR 7487)
|State Regulations (Title 129):
||Not yet adopted.
||40 CFR 63.11193
||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 63Subpart DDDDD - Boilers & Process Heaters (major sources)
|Regulations and Federal Registers:
||eCFR Subpart JJJJJJ [ecfr.gov]
(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)
||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)
- Existing Source = Commenced construction or reconstruction on or before June 4, 2010.
- New Source = Commenced construction or reconstruction after June 4, 2010.
- No later than Jan 20, 2014, or within 120 days of becoming subject to this subpart, whichever is later.
Notice of Intent to Test
Compliance Status Notification
- Existing Sources = March 21, 2014
- New sources = May 20, 2011 or upon startup, whichever is later.
- If not required to test = 120 days after compliance date
- If required to test = 60 days after test
- 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:
||(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)
|Presentations, Training and Articles:
||(See attached file: 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.
(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)
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