A bulletin produced by Nebraska Department of Environmental Quality's
Air Quality Division
Nebraska Department of Environmental Quality
January 2008
.Federal Rules for Boilers Vacated
The Clean Air Act Amendments of 1990 (Section 112(j)) require the development and issuance of technology-based standards for limiting emissions of 187 hazardous air pollutants (HAP). The deadline for the Environmental Protection Agency (EPA) to issue these standards was May 15, 2002. On July 30, 2007 the US Court of Appeals for the District of Columbia vacated 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants - Subpart DDDDD for Industrial, Commercial, and Institutional Boilers and Process Heaters (The Boiler MACT). This means the rule is no longer in existence and EPA must redevelop and propose a new Maximum Achievable Control Technology (MACT) standard for this source category. In addition, it means that the “MACT Hammer” is in effect for this source category.
What is the “MACT Hammer”?
The Hammer requires major sources of HAP emissions, for which no MACT standard has not been issued, to submit a Title V operating permit application. As part of the Title V permit, the permitting authority must develop and include a case-by-case MACT standard for each affected facility.
Who is subject to the MACT Hammer due to vacatur of the Boiler MACT?
Owners/operators of major sources of HAP emissions (those that have the potential to emit 10 tons per year of any single HAP or 25 tons per year of combined HAP) that operate industrial, commercial, or institutional boilers or process heaters are subject to the MACT Hammer. (Important: the boiler or process heater does not have to be a major source of HAP emissions; it need only be present at a source that is major).
Industrial boiler means a boiler used in manufacturing, processing, mining, and refining or any other industry to provide steam, hot water, and/or electricity.
Commercial/institutional boiler means a boiler used in commercial establishments or institutional establishments such as medical centers, research centers, institutions of higher education, hotels, and laundries to provide electricity, steam, and/or hot water.
Process heater means an enclosed device using controlled flame (not a boiler). The unit’s primary purpose, rather than generating steam, is to transfer heat indirectly to a process material (liquid, gas, or solid) or to a heat transfer material for use in a process unit. Process heaters are devices in which the combustion gases do not directly come into contact with process materials. Process heaters do not include units used for comfort heat or space heat, for food preparation for on-site consumption, or autoclaves.
What is actually required and when?
On November 2, 2007 the EPA announced that it will submit an Information Collection Request in compliance with the Paperwork Reduction Act (44 U.S.C.3501, et seq.). Comments for this request were due to EPA by January 2, 2008. Once finalized, this request will be used to collect information and create the final language for the Part 1 and 2 112(j) Air Quality Operating Permit Application Forms 1.0 Section 1.6 and 1.7. These applications will be sent out by the NDEQ to all affected sources. Once an application is received it must be completed and returned to NDEQ according to the schedule below.
Affected facilities must submit a Part 1 112(j) Air Quality Operating Permit Application, Form 1.0, Section 1.6 within 30 days of written notification by the permitting authority. (Important: This article does not constitute “written notification” by the permitting authority).
A Part 2 112(j) Air Quality Operating Permit Application, Form 1.0, Section 1.7 application must be submitted within 60 days of the Part 1 submittal.
NDEQ has 60 days to determine if the is application complete. NDEQ must develop and incorporate a case-by-case MACT into the Title V operating permit within18 months from the receipt of a complete application.
The requirements for Section 112(j) are found in 40 CFR Part 63 Subpart B §63.50. Information on EPA rules can be found on the EPA Air Toxics web site at www.epa.gov/ttn/atw/eparules.html. For assistance from NDEQ, contact Clark Smith at 402-471-4204 or Allison Zach at 402-471-4103.