Pierce Atwood LLP
Dixon P. Pike and Brian M. Rayback
July 9, 2014
If you own or operate a boiler, keep reading.
In December 2012, the U.S. EPA finalized changes to its National Emission Standards for Hazardous Air Pollutants for Area Source Boilers at 40 C.F.R. Part 63, Subpart JJJJJJ. Under this regulation, owners or operators of virtually any boiler were required to conduct an initial tune-up by March 21, 2014, as described in a prior alert, and must now submit a notice of compliance status (NOCS) to EPA.
Boilers located at major sources of hazardous air pollutants* are not subject to the July 19 notice requirement.
Other exemptions:
- Hot water boilers (i.e., not generating steam) rated at less than 1.6 million Btu per hour;
- Residential boilers;
- Gas-fired boilers;
- Boilers that burn solid waste;
- Waste heat recovery steam generators;
- Temporary boilers;
- Electric utility steam generating units; and
- Electric powered boilers.
By July 19th, owners or operators of affected boilers must submit the NOCS to EPA electronically using EPA’s Compliance and Emissions Data Reporting Interface (CEDRI). CEDRI available through EPA’s central data exchange: www.epa.gov/cdx.
If your facility has a boiler and an air license, you are probably required to submit the NOCS unless your facility is a major source of HAPs.
Note that even if you do not have an air license because your facility’s boilers fall below the air licensing thresholds, you may still be required to submit a NOCS for your boiler(s).
This article is being provided for informational purposes only and not for the purposes of providing legal advice or creating an attorney-client relationship. You should contact an attorney to obtain advice with respect to any particular issue or problem you may have. In addition, the opinions expressed herein are the opinions of Mr. Pike and Mr. Rayback and may not reflect the opinions of Synergy Environmental, Inc., Pierce Atwood LLP or either of those firms’ clients.
