Boiler NESHAP - MACT & GACT for Major and Area Sources

Contact: Jenifer Dixon, 616-581-0044
Agency: Environment, Great Lakes, and Energy

Boiler NESHAP Navigation Tool

 

By answering simple, successive questions using this program, boiler and process heater owners and operators can navigate through the complex boiler National Emission Standards for Hazardous Air Pollutants (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.

Between 2011 and 2013, USEPA 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. Visit the USEPA NHSM Web page for more details.

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 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

Key Dates

  Major Source (5D) Area Source (6J)
Key Date Existing New Existing New
Initial Notice of Applicability May 31, 2013 within 15 days of start-up January 20, 2014 within 15 days of start-up
Initial Compliance January 31, 2016 upon start-up March 21, 2014 upon start-up
Initial Notice of Compliance
  • April 1, 2016 (without emission limits)
  • September 27, 2016 (with emission limits)
within 240 days of start-up and within 60 days of completing all performance tests
  • July 19, 2014 (without emission limits)
  • September 17, 2014 (with emission limits)
within 120 days of start-up and less than 60 days of completing all performance test

Determining Applicability and Identifying Boiler Process Heater Permit Requirements for NESHAP Compliance

EGLE has developed 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 EGLE 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

  • Simply answer the questions in the EGLE 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
  • 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.
  • Select the NESHAP Boiler/Process Heater permit template for your NESHAP subcategory. If one does not 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 EGLE compliance assistance tools, please contact Christine Grossman at 517-285-5637. For questions on existing boiler NESHAP permit templates, please contact Kurt Childs at 231-878-2045 or Catherine Asselin at 517-582-3604.

Compliance Assistance Tools

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). 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 EGLE district office. The reporting will be considered by EGLE 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.

Major Source 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 Five-Year)
CEDRI 40 CFR 63.7550(h)(3)
and Table 9

Area Source NESHAP (6J)

Report Name Report Method Citation
Notification of Compliance Status CEDRI * 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)

* See How to Submit Your Notification of Compliance Status

NESHAP Consideration

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 was due to USEPA by March 9, 2015. Redline versions of the 5D and 6J changes can be found on-line at Clean Air Act Standards and Guidelines for Energy, Engines, and Combustion. 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 were 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 EGLE Clean Air Consultant Directory and the USEPA'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
    • Ms. Katharina Bellairs, Office of Enforcement and Compliance Assurance, Region 5, 312-353-1669
    • Mr. Ethan Chatfield, Office of Enforcement and Compliance Assurance, Region 5, 312-886-5112
    • Mr. Jim Eddinger, Office of Air Quality Planning and Standards, Headquarters (Subpart 5D), 919-541-5426
    • Ms. Mary Johnson, Office of Air Quality Planning and Standards, Headquarters (Subpart 6J), 919-541-5025
  • EGLE
    • Ms. Catherine Asselin; AQD; Emissions, Reporting, and Assessment; Lansing Central Office; Michigan; 517-582-3604
    • Mr. Kurt Childs, AQD, Cadillac District Office, Michigan, 231-878-2045
    • Ms. Jenifer Dixon, Environmental Assistance, Lansing Central Office, Michigan, 616-581-0044