Industrial, Commercial and Institutional Area Source Boiler Rule
(Area Source Boiler Rule)

What is the Area Source Boiler Rule?

The US Environmental Protection Agency (EPA) published new boiler rules on March 21, 2011. National Emission Standards for Hazardous Air Pollutants (NESHAP) for Area Sources: Industrial, Commercial, and Institutional Boilers (also known as Area Source Boiler Rule) found at 40 CFR Part 63 Subpart JJJJJJ (6J). Additional amendments were incorporated on February 1, 2013.

Am I subject to the boiler rule?

Your are subject if your facility is an area source and your boiler burns:

• coal (including coal refuse, petroleum coke, or synthetic fuels derived from coal)
• oil or other liquid fuel (for boilers that burn primarily gas but infrequently burn oil, see below)
• biomass
• non-waste materials

The following types of boilers are not covered by the rule:

• gas-fired boilers (a boiler that primarily burns gas is still considered a gas-fired boiler even if it also burns oil or other liquid fuel during periods of gas curtailment, gas supply interruption, startups, or for periodic testing.  Periodic testing shall not to exceed 48 hours during any calendar year)
• boilers that burn solid waste (these boiler are subject to incinerator standards)
• hot water heaters with a capacities less than 120 U.S. gallons in which water is heated by combustion of gaseous, liquid, or biomass fuel
• hot water boilers combusting gaseous, liquid, or biomass fuel with a heat input capacity of less than 1.6 million Btu per hour
• waste heat boilers (heat recovery steam generators)
• temporary boilers
• residential boilers
• electric boilers
• electric utility steam generating units (EGUs) covered by Part 63 Subpart UUUUU

Important Dates:

• Initial Applicability notification due: January 20, 2014
• Initial tune up on existing boilers and Energy Assessments (for boilers >10 MMBtu/hr) must be conducted by March 21, 2014
• Notification of Compliance Status (NOCS) due: July 19, 2014 unless you must conduct a performance test and then the NOCS must be sent in 60 days after compliance test is completed. 

Notifications and Reporting

Initial Notification of Applicability

Initial Notification of Applicability should have been submitted for existing sources. If an initial notification hasn’t been submitted, please do so as soon as possible. Initial Notification of Applicability form (MS Word document).

If you have a Maine Air Emission license and are filing an initial notification, please submit the notification to both addresses listed below, if you do not have a Maine Air Emission license you need only submit your form to EPA.

Notification of Compliance Status electronic reporting

The final rule amendments require electronic reporting of the Notification of Compliance Status (NOCS) due July 19, 2014. Sources are now required to submit the NOCS electronically using the Compliance and Emissions Data Reporting Interface (CEDRI) through EPA’s Central Data Exchange (CDX). Sources who have already submitted the required NOCS report before January 1, 2014 are not required to resubmit the NOCS report electronically. See EPA’s boiler compliance website link below for videos and users guides on electronic filing.

EPA's CDX help desk number: 1-888-890-1995.

Where can I go for more information?

• Maine DEP’s Fact Sheet

EPA

• EPA’s boiler compliance website
• EPA’s Question and answer guide for the area source boiler rule (pdf)
• Small Entity Compliance Guide for Area Source Boilers (pdf)
• Energy Assessment information
  • EPA Region 1
  • Summary of Energy Assessment Requirements (pdf)
• Instructions for Electronic Reporting of NOCS (pdf)
• User’s Guide for CEDRI System and Registration (pdf)

At Maine DEP, contact your Air Licensing Engineer at (207) 287-7688 or e-mail DEP-Air-Licensing-Help@maine.gov.