Boiler NESHAP - MACT & GACT for Major and Area Sources

Contact: Jenifer Dixon, InfoBoilerNeshap@michigan.gov, or 517-284-6892
Agency: Environmental Quality

ANNOUNCEMENTBoiler Tool Screen Capture
gifgifsMDEQ releases the Boiler NESHAP Navigation Tool– By answering simple, successive questions using this MDEQ program, boiler and process heater owners and operators can navigate through the complex boiler NESHAP requirements, determine whether they apply, and locate permit conditions associated with the boiler NESHAP standards.  This tool is mobile device compatible and provides a report to document your review. Try it online at http://www.deq.state.mi.us/eforms/BoilerTool/quiz.html.

 

 

Updates

 


Download the Boiler Navigation Tool Quick Reference Card.


Between 2011 and 2013, EPA promulgated a “suite” of sister rules that apply to industrial, commercial and institutional boilers. The rules establish:
  • Maximum Achievable Control Technology (MACT) standards for boilers and process heaters at major hazardous air pollutant (HAP) sources - National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR  Part 63, Subpart DDDDD (5D)
  • Generally Achievable Control Technology (GACT) standards for boilers at area HAP sources – NESHAP 40 CFR Part 63, Subpart JJJJJJ (6J)
  • Non-Hazardous Secondary Materials (NHSM) standards for designating waste materials as a non-waste fuel under 40 CFR, Part 241.  See the USEPA NHSM Web page for more details.

 

AREA SOURCE 6J KEY DATES

  • Initial Applicability Notification:
    Existing: January 20, 2014

    New: within 15 days of start-up
     

  • Initial Compliance Date:
    Existing: March 21, 2014

    New: Upon Start-up
     

  • Initial Notice of Compliance:
    Existing without emission limits:

    July 19, 2014
    Existing with emission limits: September 17, 2014
    New: within 120 days of startup and < 60 days of completing all performance test 

 

Even sources exempted from the Michigan Permit to Install Program under Rule 282 of the Part 55 rules may be subject to the boiler NESHAP  As such, owners and operators of industrial, commercial and institutional boilers are encouraged to review their boiler(s) to see if they are subject to either standard. Under the boiler National Emission Standards for Hazardous Air Pollutants’ (NESHAPs), affected boiler owner/operators must:
  • submit notifications and reporting data verifying applicability and compliance.
  • meet work practice standards, like performing boiler tune-ups and energy assessments.
  • meet emissions limits using stack testing, monitor, and/or fuel analysis data and verify continuous compliance,
  • meet operating practice, like maintain control equipment within specified ranges, to verify continuous compliance.

 

MAJOR SOURCE 5D KEY DATES
 

  • Initial Notice of Applicability:
    Existing: May 31, 2013
    New: within 15 days of start-up 
     

  • Initial Compliance Date:
    Existing: 
    January 31, 2016
    New: Upon Start-up
     

  • Initial Notice of Compliance: Existing without emission limits: April 1, 2016
    Existing with emission limits:  September 27, 2016
    New: within 240 days of startup and within 60 days of completing all performance tests 

 

 

DETERMINING APPLICABILITY & IDENTIFYING BOILER PROCESS HEATER PERMIT REQUIREMENTS FOR NESHAP COMPLIANCE

 

The DEQ is developing a set of tools to assist Michigan facilities with boiler NESHAP compliance. By simply answering a number of questions, boiler/process heater owners and operators can determine whether they have equipment that is subject to the NESHAP, determine the relevant NESHAP subcategory that applies to the equipment, and then locate the relevant DEQ permit template conditions to include in any Permit to Install or Renewable Operating Permit application for boiler NESHAP subject equipment.  Getting started on NESHAP compliance is as easy as 1, 2, 3:boilers

  1. Simply answer the questions in the MDEQ Boiler NESHAP Navigation Tool and print a report of your evaluation or answer the questions in the Boiler NESHAP Flowchart to determine whether your equipment is subject to either standard;
  2. Verify your applicability determination by reviewing the relevant Code of Federal Regulations NESHAP requirements and/or the USEPA compliance guides referenced on this Web page;
  3. Select the NESHAP Boiler/Process Heater Permit Template for your NESHAP subcategory. If one doesn't exist, please e-mail InfoBoilerNESHAP@michigan.gov and identify the relevant NESHAP (5D or 6J) and subcategory of your equipment. If new, please also indicate the projected installation date for your equipment.

 

For details on how to calculate the annual heat input for your boiler or process heater, please refer to the NESHAP, Subpart 5D Annual Heat Input Calculation Guide for major sources and to the NESHAP, Subpart 6J Annual Heat Input Calculation Guide for area sources.  For questions on the DEQ compliance assistance tools, please contact Christine Grossman at 517-284-6860. For questions on existing boiler NESHAP permit templates, please contact Steve Lachance at 616-356-0239, Kurt Childs at 231-876-4411, or Catherine Asselin at 517-284-6786.

 

 

COMPLIANCE ASSISTANCE TOOLS
 

Area Source NESHAP 6J

Major Source NESHAP 5D

Important Chances to the Rules USEPA Compliance Page
Sending in the Initial Notification Form DOE Financial Incentives Guide
Facilities Affected by the Boiler Rules DOE Technical Assistance Web Page
Requirements of the Rule  
Submitting the Electronic Notification of Compliance Status to CEDRI  
Tune Up Guidance and Questions  
Determining is a Facility is an Area Sources  
Why Boilers are Regulated  

Additional Compliance Tools and Documents

 

 


For USEPA information on the federal rulemaking, USEPA technical resources, and/or access to the federal docket for NESHAP 6J and 5D, see www.epa.gov/stationary-sources-air-pollution/clean-air-act-standards-and-guidelines-energy-engines-and.

For U.S. Department of Energy (DOE), financial and technical assistance resources, see www1.eere.energy.gov/manufacturing/distributedenergy/boilermact.html.  

 

 

REPORTING

As of March 2014, all reports that are to be submitted electronically pursuant to NESHAP 6J and 5D must be submitted using the USEPA's Compliance and Emissions Data Reporting Interface (CEDRI) on the USEPA's Central Data Exchange (CDX) at www.epa.gov/cdx. The reporting tables below summarize the reports that must be submitted to USEPA electronically under these standards. Major sources should submit a duplicate copy of all NESHAP 5D and 6J reports to the DEQ district office. The reporting will be considered by DEQ staff as they renew major source renewable operating permits for sources subject to NESHAP 5D or 6J. 

For details on registering in CEDRI, please see the CEDRI How To Register YouTube videos.  For questions related to CEDRI reporting, please contact CEDRI@epa.gov


NESHAP 5D 

 

Report Name

Report Method

Citation

Performance Test

CEDRI

40 CFR 63.7550(h)(1)

Continuous Emission Monitoring System Relative Accuracy Test Audit

CEDRI

40 CFR 63.7550(h)(2)

Compliance Certification (Semiannual, Annual, Biennial, or 5 year)

CEDRI

40 CFR 63.7550(h)(3) and Table 9

 

 
NESHAP 6J

Report Name

Report Method

Citation

Notification of Compliance Status

CEDRI, see How to Submit Your Notification of Compliance Status YouTube video

40 CFR 63.1225(a)(4)(vi)

Performance Test

CEDRI

40 CFR 63.1225(e)(1)

Continuous Emission Monitoring System Relative Accuracy Test Audit

CEDRI

40 CFR 63.1225(e)(2)

 

NESHAP RECONSIDERATION

With the November 20, 2015 USEPA NESHAP RECONSIDERATION FINAL the EPA is retaining a minimum carbon monoxide (CO) limit of 130 parts per million (ppm) and the particulate matter (PM) continuous parameter monitoring system (CPMS) requirements, consistent with the January 2013 final rule. The EPA is making minor changes to the proposed definitions of startup and shutdown and work practices during these periods, based on public comments received. Among other things, this final action addresses a number of technical corrections and clarifications of the rule. These corrections will clarify and improve the implementation of the January 2013 final Boiler MACT, but do not have any effect on the environmental, energy, or economic impacts associated with the proposed action. This action also includes EPAs final decision to deny the requests for reconsideration with respect to all issues raised in the petitions for reconsideration of the final Boiler MACT for which EPA did not grant reconsideration.

Upon promulgation of NESHAP 5D, 6J, and rules related to Commercial and Industrial Solid Waste Incinerators (CISWIs), the USEPA received a number of petitions for reconsideration. On August 5, 2013, the USEPA agreed to reconsider certain aspects of these rules. On January 21, 2015, the USEPA published proposed rulemaking for NESHAP 5D and 6J, along with changes to the CISWI New Source Performance Standard, Subpart CCCC rules.  The proposed rulemaking reconsiders certain aspects of the rules, corrects errors, and provides clarification related to the initial rulemaking. Public comment on the proposed rulemaking is due to USEPA by March 9, 2015. Redline versions of the 5D and 6J changes can be found on-line at https://www.epa.gov/stationary-sources-air-pollution/clean-air-act-standards-and-guidelines-energy-engines-and.  Additional resources may be available at USEPA's Controlling Air Pollution from Boilers and Process Heaters as well.

 

NESHAP 5D & 6J REMAND WITHOUT VACATUR
 
On February 28, 2014, the USEPA requested a remand of certain parts of NESHAP 5D & 6J without vacatur. The USEPA sought to further justify the numerical emission limits in the standards while the standards remain in place and effective. On May 15, 2014, the U.S. Court of Appeals granted remand without vacatur as requested. On July 14, 2014, the USEPA filed a Response to Remand of the Record providing additional explanation on the USEPA's use of the "Upper Prediction Limit" (UPL) to establish the NESHAP 5D emission limits.  The UPL is the statistical method the USEPA used to establish emission limits under the NESHAP 5D.  Final briefings are due on January 21, 2015 for 5D and February 4, 2015 for 6J. Owners and operators of industrial, commercial and institutional boilers subject to emission limits are encouraged to continue to move forward with performance testing and fuel analysis to establish the requisite emission limits and operating requirements specified under the standard during this review period.


 

PERFORMANCE TESTING AND ENERGY ASSESSMENT

 

For help with performance testing and energy assessments, please see the DEQ Clean Air Consultant Directory and the EPA's Summary of Energy Assessment Requirements under the Area Source Boiler Rule for an overview of the assessment requirements.

 

BOILER NESHAP CONTACTS:

USEPA  

Ms. Sara Ayres, Office of Enforcement and Compliance Assurance, Region 5: 312-353-6266 or ayres.sara@epa.gov

Ms. Katharina Bellairs, Office of Enforcement and Compliance Assurance, Region 5: 312-353-1669 or bellairs.katharina@epa.gov

Mr. Ethan Chatfield, Office of Enforcement and Compliance Assurance, Region 5: 312-886-5112 or chatfield.ethan@epa.gov

Mr. Jim Eddinger, Office of Air Quality Planning and Standards, Headquarters (Subpart 5D):  919-541‐5426 or eddinger.jim@epa.gov

Ms. Mary Johnson, Office of Air Quality Planning and Standards, Headquarters (Subpart 6J):  919-541-5025 or johnson.mary@epa.gov.


STATE

Ms. Catherine (C.J) Asselin, DEQ, Air Quality Division, Permit Section, Lansing Central Office, Michigan: 517-284-6786 or asselinc@michigan.gov

Mr. Kurt Childs, DEQ, Air Quality Division, Cadillac District Office, Michigan: 231-876-4411 or childsk@michigan.gov

Ms. Jenifer Dixon, DEQ, Office of Environmental Assistance, Lansing Central Office, Michigan: 517-284-6892 or dixonj2@michigan.gov

Mr. Steve Lachance, DEQ, Air Quality Division, Grand Rapids District Office, Michigan: 616-356-0239 or lachances@michigan.gov

Mr. David Riddle, DEQ, Air Quality Division, Permit Section, Lansing Central Office, Michigan: 517-284-6798 or riddled@michigan.gov