Boilers and Industrial Furnaces laws, regulations, analysis

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Boilers and Industrial Furnaces

National

Governing Law and Regulations

Boiler and process heater Maximum Achievable Control Technology (MACT) for major sources:

Applicability: 40 CFR 63.7480 to 63.7495 and 40 CFR 63.7499

Emissions standards: 40 CFR 63.7500, 40 CFR 63.7522, 40 CFR 63 Subpart DDDDD Table 1 to Table 3, and 40 CFR 63 Subpart DDDDD Table 11 to Table 13

Operating requirements: 40 CFR 63.7500, 40 CFR 63 Subpart DDDDD Table 3, 40 CFR 63 Subpart DDDDD Table 4, and 40 CFR 63 Subpart DDDDD Table 7

Compliance demonstration and testing: 40 CFR 63.7505 to 63.7541 and 40 CFR 63 Subpart DDDDD Table 5 to Table 8

Notification, recordkeeping, and reporting: 40 CFR 63.7501(b), 40 CFR 63.7545, 40 CFR 63.7550, 40 CFR 63.7555, and 40 CFR 63 Subpart DDDDD Table 8

Boiler MACT for area sources:

Applicability: 40 CFR 63.11193 to 63.11196

Emissions standards: 40 CFR 63.11200, 40 CFR 63.11201, and 40 CFR 63 Subpart JJJJJJ Table 1

Operating requirements: 40 CFR 63.11201, 40 CFR 63.11205, 40 CFR 63.11237, 40 CFR 63 Subpart JJJJJJ Table 2, and 40 CFR 63 Subpart JJJJJJ Table 3

Compliance demonstration and testing: 40 CFR 63.11205 to 63.11226

Notification, recordkeeping, and reporting: 40 CFR 63.11225

New Source Performance Standards (NSPS) for industrial/

commercial/institutional boilers: 40 CFR 60.40b to 60.49b and 40 CFR 60.40c to 60.48c

National Emissions Standards for Hazardous Air Pollutants (NESHAP) from hazardous waste combustors: 40 CFR 63.1200 to 63.1221

Who is covered?: 40 CFR 63.1200

Notification requirements: 40 CFR 63.9, 40 CFR 63.1210, and 40 CFR 63.1212

Permits: 40 CFR 63.1200

Operating standards: 40 CFR 63.1206

Emissions standards: 40 CFR 63.1203 to 63.1205 and 40 CFR 63.1216 to 63.1221

Testing requirements: 40 CFR 63.1207 and 40 CFR 63.1210

Compliance deadlines: 40 CFR 63.1206, 40 CFR 63.1211(c), 40 CFR 63.1213, 40 CFR 63.1216 to 63.1218, and 40 CFR 63.1219 to 63.1221

Hazardous waste burned in boilers and industrial furnaces: 40 CFR 266.100 to 266.112

Who is covered?: 40 CFR 266.100, 40 CFR 266.108, and 40 CFR 260.10

Permits: 40 CFR 266.102, 40 CFR 270.22, and 40 CFR 270.66

Management before burning: 40 CFR 266.101 and 40 CFR 262 to 265

Operating standards: 40 CFR 266.102, 40 CFR 266.111, and 40 CFR 266.112

Emissions limits: 40 CFR 266.104 to 266.107

Regulatory Agency

U.S. Environmental Protection Agency (EPA)
Office of Air and Radiation

EPA
Office of Solid Waste

Boilers and Industrial Furnaces Overview

BOILERS

Boilers are a common source of air pollutants that are used at a wide variety of facilities, such as power plants, manufacturing facilities, refineries, mining facilities, hospitals, schools, hotels, and laundries. Boilers burn natural gas, coal, wood, oil, or other fuel to produce steam, which is used to produce electricity or provide heat. The combustion of fuels results in emissions of numerous pollutants, such as nitrogen oxides (NOx), sulfur dioxide (SO₂), carbon monoxide (CO), particulate matter, and various hazardous air pollutants (HAPs), including dioxins and furans, hydrochloric acid, and mercury.

The Environmental Protection Agency (EPA) has long regulated emissions of criteria pollutants from boilers through the federal New Source Performance Standards (NSPS), beginning with utility boilers in the 1970s and later developing standards for industrial, commercial, and institutional boilers. The Agency developed several NSPSs to regulate various types of boilers based on size, function, and construction date. Refer to the national sections AIR (REGULATORY OVERVIEW) and AIR EMISSIONS PERMITS for more information on criteria pollutants and NSPS, respectively.

The EPA finalized the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial, and Institutional Boilers and Process Heaters, commonly referred to as the Boiler Maximum Achievable Control Technology (MACT), to regulate emissions of HAPs. In conjunction with the boiler MACT, which regulates boilers at major sources of HAP emissions, the EPA also issued another standard regulating similar boilers at nonmajor sources of HAP emissions, referred to as areas sources. These two standards will combine to regulate over 200,000 boilers. See the national section HAZARDOUS AIR POLLUTANTS for more information on HAPs, NESHAP, and MACT standards.

HAZARDOUS WASTE COMBUSTION

Boilers and industrial furnaces (BIFs) are a special class of boilers or furnaces that burn or process hazardous waste primarily for energy or material recovery, with the treatment of the hazardous waste via incineration as a secondary benefit. Typically, boilers combust waste for energy recovery, while industrial furnaces burn waste for both energy and material recovery. The original BIF regulations were primarily administrative, requiring notification and certain waste management practices. Eventually, EPA developed extensive requirements for BIFs, including emissions controls and permitting requirements, promulgated under the Resource Conservation and Recovery Act (RCRA). RCRA regulations treat BIFs as hazardous waste treatment, storage, and disposal facilities (TSDFs) and require all BIFs to obtain appropriate RCRA permits. See the national sections RCRA, TSDF PERMITS, and TSDF RESPONSIBILITIES for more information.

In the late 1990s, the authority for the primary regulation of air emissions from the burning of hazardous waste in several types of BIFs was shifted from RCRA to the Clean Air Act (CAA). Therefore, EPA, under the joint authority of RCRA and the CAA, and after various legal proceedings, promulgated the Hazardous Waste Combustor (HWC) maximum achievable control technology (MACT) standard. See the national section HAZARDOUS AIR POLLUTANTS for more information on MACT standards.

Energy Recovery vs. Incineration

Solid waste, including hazardous waste, contains valuable energy and material resources that can be recovered and used at a later time. The difference between energy recovery and incineration is the purpose behind each process. Both efforts involve combustion of a toxic chemical in a waste. Energy recovery, however, is combustion occurring in a boiler, kiln, or industrial furnace in which the heat produced is used to generate steam or to heat other materials in a manufacturing process. Whereas, incineration is combustion with the primary purpose being the destruction of the toxic chemical and a reduction in the volume of the waste. Energy recovery has aspects of both recycling and waste treatment and can be accomplished on-site or off-site. See the national section INCINERATION OF WASTES for more information on incineration standards.

Used oil. EPA has established standards for the management of used oil at 40 CFR 279, including regulations for burning used oil for energy recovery. Used oil is not regulated as a hazardous waste at the federal level if it is recycled, reclaimed, or burned for energy recovery, provided that the used oil's hazardous characteristics meet EPA's hazardous constituent standards. See the national section USED OIL MANAGEMENT for more information.

Boiler and Process Heater MACT for Major Sources

APPLICABILITY

40 CFR 63.7480 to 63.7495

The boiler and process heater MACT for major sources standard establishes emissions limitations and work practice standards governing HAP emissions from the following units located at major sources of HAPs, provided the units fall into one of the subcategories listed under Types of Boilers and Process Heaters in this section:

Industrial boiler. An industrial boiler is a boiler used in manufacturing, processing, mining, and refining or any other industry to provide steam, hot water, and/or electricity.
Commercial or institutional boiler. A commercial or institutional boiler is a boiler used in commercial establishments or institutional establishments, such as medical centers, nursing homes, research centers, institutions of higher education, elementary and secondary schools, libraries, religious establishments, governmental buildings, hotels, restaurants, and laundries, to provide electricity, steam, and/or hot water.
Process heater. A process heater is an enclosed device using controlled flame—that is not a boiler—with a primary purpose of transferring heat indirectly to a process material or to a heat transfer material for use in a process unit instead of generating steam. Process heaters are devices in which the combustion gases do not directly come in contact with process materials. Process heaters do not include units used for comfort heat or space heat, food preparation for on-site consumption, or autoclaves. Waste heat process heaters are excluded from the definition of process heater, and devices combusting solid waste are not process heaters unless exempt from the definition of solid waste incineration unit under 42 USC 7429(g)(1).

The MACT requirements apply to new, reconstructed, and existing sources. An applicable boiler or process heater is considered new or reconstructed if the construction or reconstruction begins after June 4, 2010, and the unit meets the applicability criteria at the time construction or reconstruction commenced. All other units are considered to be existing sources. In addition, an existing electric utility steam generating unit (EGU) that meets the applicability criteria due to a change, such as switching fuels, is considered an existing source. An EGU is a fossil-fuel-fired combustion unit of more than 25 megawatts electric (MWe) that serves a generator that produces electricity for sale.

Major source of HAPs. A major source of HAPs are those sources with the potential to emit 10 tons per year (tpy) or more of an individual HAP or 25 tpy or more of a combination of HAPs, except for oil and natural gas production facilities where:

Emissions from any oil or gas exploration or production well and its associated equipment and emissions from any pipeline compressor station or pump station must not be aggregated with emissions from other similar units to determine major source status, even when emissions points are in a contiguous area or under common control.
Emissions from processes, operations, or equipment that are not part of the same facility.
For facilities that are production field facilities, only HAP emissions from glycol dehydration units and storage vessels with the potential for flash emissions must be aggregated for a major source determination. For facilities that are not production field facilities, HAP emissions from all HAP emissions units must be aggregated for a major source determination.

Types of Boilers and Process Heaters

40 CFR 63.7499

The MACT standard establishes the following subcategories of boilers and process heaters:

Pulverized coal/solid fossil-fuel units.
Stokers designed to burn coal/solid fossil fuel.
Fluidized bed units designed to burn coal/solid fossil fuel.
Stokers/sloped grate/other units designed to burn kiln-dried biomass/biobased solids.
Fluidized bed units designed to burn biomass/biobased solids.
Suspension burners designed to burn biomass/biobased solids.
Fuel cells designed to burn biomass/biobased solids.
Hybrid suspension/grate burners designed to burn wet biomass/biobased solids.
Stokers/sloped grate/other units designed to burn wet biomass/biobased solids.
Dutch ovens/pile burners designed to burn biomass/biobased solids.
Units designed to burn liquid fuel that are noncontinental units. Such units include any industrial, commercial, or institutional boiler or process heater meeting the definition of "units designed to burn liquid fuel" located in the state of Hawaii, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern Mariana Islands.
Units designed to burn gas 1 fuels, which include any boiler or process heater that burns only natural gas, refinery gas, and/or other gas 1 fuels. Also included are:
—Gaseous fuel boilers and process heaters that burn liquid fuel for periodic testing of liquid fuel, maintenance, or operator training, not to exceed a combined total of 48 hours during any calendar year; and
—Gaseous fuel boilers and process heaters that burn liquid fuel during periods of gas curtailment or gas supply interruptions of any duration.
Units designed to burn gas 2 (i.e., anything other than gas 1) gases. Such units may burn gaseous fuels either alone or in combination with less than 10 percent coal/solid fossil fuel, less than 10 percent biomass/biobased solid fuel, and no liquid fuels on an annual heat input basis. Also included are:
—Gaseous fuel boilers and process heaters that are not in the unit designed to burn gas 1 subcategory and that burn liquid fuel for periodic testing of liquid fuel, maintenance, or operator training, not to exceed a combined total of 48 hours during any calendar year; and
—Gaseous fuel boilers and process heaters that are not in the unit designed to burn gas 1 subcategory and that burn liquid fuel during periods of gas curtailment or gas supply interruption of any duration.
Metal process furnaces, including natural-gas-fired annealing furnaces, preheat furnaces, reheat furnaces, aging furnaces, heat treat furnaces, and homogenizing furnaces.
Limited-use boilers and process heaters. Such units burn any amount of solid, liquid, or gaseous fuels and have a federally enforceable average annual capacity factor of no more than 10 percent.
Units designed to burn solid fuel. Such units burn any solid fuel alone or at least 10 percent solid fuel on an annual heat input basis in combination with liquid fuels or gaseous fuels.
Units designed to burn liquid fuel. Such units burn any liquid fuel, but less than 10 percent coal/solid fossil fuel and less than 10 percent biomass/biobased solid fuel on an annual heat input basis, either alone or in combination with gaseous fuels.
Units designed to burn coal/solid fossil fuel.
Fluidized bed units with an integrated fluidized bed heat exchanger designed to burn coal/solid fossil fuel.
Units designed to burn heavy liquid fuel, meaning at least 10 percent of the heat input from liquid fuels on an annual heat input basis comes from heavy liquids, such as residual oil and any other liquid fuel not classified as a light liquid.
Units designed to burn light liquid fuel, such as distillate oil, biodiesel, or vegetable oil.

Units designed to burn biomass/biobased solid include any boiler or process heater that burns at least 10 percent biomass or biobased solids on an annual heat input basis in combination with solid fossil fuels, liquid fuels, or gaseous fuels. Biomass or biobased solid fuel is any biomass-based solid fuel that is not a solid waste. This includes:

Wood residue
Wood products, such as trees, tree stumps, tree limbs, bark, lumber, sawdust, sander dust, chips, scraps, slabs, millings, and shavings
Animal manure, including litter and other bedding materials
Vegetative agricultural and silvicultural materials, such as logging residues (slash), nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, and coffee bean hulls and grounds

A unit designed to burn coal/solid fossil fuel subcategory includes any boiler or process heater that burns any coal or other solid fossil fuel alone or at least 10 percent coal or other solid fossil fuel on an annual heat input basis in combination with liquid fuels, gaseous fuels, or less than 10 percent biomass and biobased solids on an annual heat input basis.

Exemptions

40 CFR 63.7491

The following types of boilers and process heaters are not subject to the boiler and process heater MACT for major sources:

EGUs subject to 40 CFR 63.9980 to 63.10042, Subpart UUUUU: National Emissions Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units, or a natural gas-fired EGU, as defined in Subpart UUUUU, that fires at least 85 percent natural gas on an annual heat Input basis.
Recovery boilers or furnaces covered by 40 CFR 63.860 to 63.868, Subpart MM—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills.
Boilers or process heaters that are used specifically for research and development, including test steam boilers used to provide steam for testing the propulsion systems on military vessels. This does not include units that provide heat or steam to a process at a research and development facility.
Hot water heaters, which are a closed vessel with a capacity of no more than 120 U.S. gallons in which water is heated by combustion of gaseous, liquid, or biomass/biobased solid fuel and is withdrawn for use externally to the vessel. Hot water boilers combusting gaseous, liquid, or biomass fuel with a heat input capacity less than 1.6 (British thermal units per hour) MMBtu/hr are included in this definition. Hot water heater also means a tankless unit that provides on-demand hot water.
Refining kettles covered by 40 CFR 63.541 to 63.551, Subpart X—National Emissions Standards for Hazardous Air Pollutants from Secondary Lead Smelting.
Ethylene cracking furnaces covered by 40 CFR 63.1100 to 63.1114, Subpart YY—National Emissions Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards.
Blast furnace stoves as described in EPA publication EPA-453/R-01-005.
Boilers or process heaters that are part of the affected source subject to another NESHAP under 40 CFR 63.
Boilers or process heaters that are used as a control device to comply with another standard under 40 CFR 60, 40 CFR 61, 40 CFR 63, or 40 CFR 65, provided that at least 50 percent of the heat input during any 3 consecutive calendar years to the boiler is provided by the gas stream that is regulated under another NESHAP.
Temporary boilers and process heaters. Temporary boilers include any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one location to another by means of, for example, wheels, skids, carrying handles, dollies, trailers, or platforms. A boiler is not a temporary boiler if any one of the following conditions exists:
—The equipment is attached to a foundation.
—The boiler or a replacement remains at a location within the facility and performs the same or similar function for more than 12 consecutive months, unless the appropriate regulatory authority grants an extension. Any temporary boiler that replaces a temporary boiler at a location and performs the same or similar function will be included in calculating the consecutive time period.
—The equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for at least 3 months each year.
—The equipment is moved from one location to another in an attempt to circumvent the residence time requirements of this definition.
Blast furnace gas-fuel-fired boilers and process heaters, which are defined as industrial/commercial/institutional boilers or process heaters that receive 90 percent or more of their total annual gas volume from blast furnace gas.
Boilers or process heaters specifically listed as an affected source in any NSPS or emissions guidelines established under Section 129 of the Clean Air Act (CAA) dealing with solid waste combustion.
Boilers that burn hazardous waste covered by 40 CFR 63.1200 to 63.1221, Subpart EEE: National Emissions Standards for Hazardous Air Pollutants from Hazardous Waste Combustors (aka, the HWC MACT). See HWCs Regulated by the CAA and BIFs Regulated by RCRA in this section for more information.
Residential boilers used to provide heat and/or hot water and/or as part of a residential combined heat and power system. Included are boilers located at an institutional facility or commercial/industrial facility used primarily to provide heat and/or hot water for the following:
—A dwelling containing four or fewer families; or
—A single unit residence that has since been converted or subdivided into condominiums or apartments.

Compliance Deadlines

40 CFR 63.7495

Applicable sources must be in compliance with requirements of the boiler and process heater MACT for major sources by the following deadlines:

New or reconstructed boilers or process heaters: April 1, 2013, or upon start-up, whichever is later.
Existing boilers or process heaters: January 31, 2016.
New or reconstructed boilers or process heaters located at an existing source that increases its potential HAP emissions above major source thresholds: Upon start-up.
Existing boilers or process heaters located at an existing source that increases its potential HAP emissions above major source thresholds: Within 3 years after the source becomes a major source of HAP.
Industrial, commercial, or institutional boilers or process heaters that would be subject to these requirements except for the aforementioned exemption for units covered by an NSPS or emissions guideline dealing with solid waste combustion, and the unit ceases combusting solid waste: Such sources must comply with these requirements and are no longer subject to 40 CFR 60, Subpart CCCC or Subpart DDDD for commercial and industrial solid waste incineration beginning on the effective date of the switch as identified under 40 CFR 60.2145(a)(2) and (3) or 40 CFR 60.2710(a)(2) and (3).
Existing EGUs that become subject to these requirements after January 31, 2016: On the effective date the unit becomes subject to these requirements.
Existing industrial, commercial, or institutional boilers or process heaters that would be subject to this subpart except for the aforementioned exemption for use as a control device to comply with another standard under 40 CFR 60, 40 CFR 61, 40 CFR 63, or 40 CFR 65, that becomes subject to these requirements after January 31, 2013: Within 3 years after the unit becomes subject to these requirements.
Existing industrial, commercial, or institutional boilers or process heaters that have switched fuels or made a physical change to the boilers or process heaters that resulted in the applicability of a different subcategory after the compliance date must be in compliance with the applicable existing source provisions: On the effective date of the fuel switch or physical change.
New industrial, commercial, or institutional boilers or process heaters that have switched fuels or made a physical change to the boiler or process heater that resulted in the applicability of a different subcategory must be in compliance with the applicable new source provisions: On the effective date of the fuel switch or physical change.

EMISSIONS STANDARDS

Emissions Limits

40 CFR 63.7500, 40 CFR 63.7522, 40 CFR 63, Subpart DDDDD Table 1 to Table 3, and 40 CFR 63, Subpart DDDDD Table 11 to Table 13

The MACT standard establishes both input- and output-based emissions limits for boilers and process heaters that vary depending on the type of the unit. The pollutants for which emissions limits have been established by the MACT standard include:

Mercury
Carbon monoxide
Hydrochloric acid
Particulate matter

For access to copies of the applicable emissions limits, go to Tables in this section.

Applicable sources may comply with the emissions limits in Tables 11 to 13 until January 31, 2016, after which such sources must comply with the emissions limits in Table 1.

As an alternative to meeting the aforementioned emissions limits on a boiler or process heater basis, if more than one boiler or process heater in any of the subcategories are present at the facility, compliance may be demonstrated using emissions averaging provided the averaged emissions are not more than 90 percent of the applicable emissions limit. However, new boilers or process heater may not be included in an emissions average. Emissions averaging requirements are detailed in 40 CFR 63.7522.

Start-up and shutdown. The aforementioned emissions limits apply at all times, except start-up and shutdown. See OPERATING REQUIREMENTS in this section for information on start-up and shutdown requirements.

OPERATING REQUIREMENTS

40 CFR 63.7500, 40 CFR 63 Subpart DDDDD Table 3, 40 CFR 63, Subpart DDDDD Table 4, and 40 CFR 63, Subpart DDDDD Table 7

At all times, the applicable source, including associated air pollution control equipment and monitoring equipment, must be operated and maintained in a manner consistent with safety and good air pollution control practices for minimizing emissions. Applicable sources must meet each appropriate work practice standard and operating limit. For access to copies of the applicable work practices and operating limits, go to Tables in this section.

Tune-ups. Applicable boilers must receive tune-ups as follows:

Every 5 years for new or existing boiler or process heater with either a continuous oxygen trim system that maintains an optimum air-to-fuel ratio, or a heat input of less than or equal to 5 MMBtu/hr in any of the following:
—Units designed to burn gas 1;
—Units designed to burn gas 2 (other);
—Units designed to burn light liquid; and
—Limited-use boiler or process heater.
Biennially for new or existing boiler or process heater without a continuous oxygen trim system and with a heat input of less than 10 MMBtu/hr in any of the following:
—Units designed to burn heavy liquid; or
—Units designed to burn solid fuel.
Biennially for new or existing boiler or process heater with a heat input of greater than 5 MMBtu/hr but less than 10 MMBtu/hr in any of the following:
—Units designed to burn gas 1;
—Units designed to burn gas 2 (other); and
—Units designed to burn light liquid.
Annually for new or existing boiler or process heater without a continuous oxygen trim system and with a heat input equal to or greater than 10 MMBtu/hr in any of the following for the corresponding pollutants:
—Units designed to burn gas 1 for all pollutants regulated under 40 CFR 63, Subpart DDDDD;
—Metal process furnaces for all pollutants regulated under 40 CFR 63, Subpart DDDDD; and
—All other subcategories for dioxins/furans.

Energy assessment. Existing boilers or process heaters located at major source facilities, not including limited-use units, must conduct a onetime energy assessment. The energy assessment must be conducted by a qualified energy assessor and include:

A visual inspection of the boiler or process heater system;
An evaluation of operating characteristics of the boiler or process heater systems, specifications of energy-using systems, operating and maintenance procedures, and unusual operating constraints;
An inventory of major energy-use systems under the control of the owner or operator of the applicable boilers and/or process heaters that consume energy from the applicable boilers and/or process heaters;
A review of available architectural and engineering plans, facility operation and maintenance procedures and logs, and fuel usage;
A review of the facility's energy management practices and recommendations for improvements consistent with the definition of energy management practices;
A list of major energy conservation measures;
A list of the energy savings potential of the energy conservation measures identified; and
A comprehensive report detailing the ways to improve efficiency, the cost of specific improvements, benefits, and the time frame for recouping those investments.

An energy assessment completed on or after January 1, 2008, that meets or is amended to meet the aforementioned energy assessment requirements is valid. A facility that operates under an energy management program compatible with ISO 50001 that includes applicable boilers and process heaters satisfies the energy assessment requirements.

Start-up and shutdown. Existing or new boilers or process heaters subject to the aforementioned emissions limits must ensure that all continuous monitoring systems (CMSs) are operated during start-up and shutdown. Records must be maintained during periods of start-up and shutdown, and applicable reports of start-up and shutdown activities must be submitted. For start-up of a boiler or process heater, one or a combination of the following clean fuels must be used:

Natural gas;
Synthetic natural gas;
Propane;
Distillate oil;
Syngas;
Ultra-low sulfur diesel;
Fuel-oil soaked rags;
Kerosene;
Hydrogen;
Paper;
Cardboard;
Refinery gas; or
Liquefied petroleum gas.

If firing coal/solid fossil fuel, biomass/biobased solid fuel, heavy liquid fuel, or gas 2 (other) is started, emissions must be vented to the main stack and all applicable control devices must be engaged. The following must be engaged as expeditiously as possible:

Limestone injection in fluidized bed combustion (FBC) boilers;
Dry scrubber;
Fabric filter;
Selective noncatalytic reduction (SNCR); and
Selective catalytic reduction (SCR).

When firing coal/solid fossil fuel, biomass/biobased solid fuel, heavy liquid fuel, or gas 2 (other) during shutdown, emissions must be vented to the main stack and all applicable control devices must be engaged, except the aforementioned.

In addition, applicable units must follow general MACT requirements for start-up and shutdown. See General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Control devices. The EPA also establishes operating limits for various control devices and methods for establishing site-specific operating limits. For access to copies of the applicable operating limits, go to Tables in this section.

COMPLIANCE DEMONSTRATION AND TESTING

40 CFR 63.7505 to 63.7541 and 40 CFR 63, Subpart DDDDD Table 3 to Table 8

All applicable boilers and process heaters must demonstrate initial and ongoing compliance with all applicable emissions limits using performance testing, fuel analysis, or continuous monitoring systems (CMSs), where applicable, and develop a site-specific monitoring plan.

CMS. For each CMS, the monitoring plan must be submitted to the delegated authority for approval, if requested, at least 60 days before the initial performance evaluation of the CMS. Monitoring plans must include:

A description of the installation of the CMS sampling probe or other interface at a measurement location representative of controlled exhaust emissions (e.g., on or downstream of the last control device);
Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems;
Performance evaluation procedures and acceptance criteria (e.g., calibrations, accuracy audits, analytical drift);
A description of ongoing operation and maintenance procedures;
A description of ongoing data quality assurance procedures; and
A description of ongoing recordkeeping and reporting procedures.

For additional guidance on monitoring plans, see General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Compliance demonstrations and performance testing. Sources demonstrating initial and ongoing compliance with applicable emissions limits must conduct performance tests according to the EPA test methods prescribed in Table 5 to 40 CFR 63, Subpart DDDDD, conduct a fuel analysis for each type of fuel burned in the applicable unit according to the methods prescribed in Table 6 to 40 CFR 63, Subpart DDDDD, and conduct testing to establish operating limits as prescribed in Tables 7 and 8 to 40 CFR 63, Subpart DDDDD. For access to copies of the aforementioned tables, go to Tables in this section.

Initial compliance demonstrations must be conducted as follows:

Existing sources must complete the:
—Initial emissions compliance demonstration no later than 180 days after the appropriate compliance date; and
—Initial tune-up and energy assessment by the compliance date.
New or reconstructed sources must:
—Complete the initial emissions compliance demonstration no later than July 30, 2013, or within 180 days after start-up of the source, whichever is later.
—If complying with the emissions limits in Tables 11 to 13 of 40 CFR 63, Subpart DDDDD, complete the initial emissions compliance with the emissions limits in Table 1 to 40 CFR 63, Subpart DDDDD no later than until July 29, 2016.
—Complete the initial annual, biennial, or 5-year tune-up no later than 13 months, 25 months, or 61 months, respectively, after the initial start-up.
Applicable boilers that cease burning solid waste and the initial compliance date has passed must complete an initial compliance demonstration within 60 days of the effective date of the waste-to-fuel switch.
Existing EGUs that become subject to 40 CFR 63, Subpart DDDDD after January 31, 2016, must conduct a compliance demonstration within 180 days after becoming subject to 40 CFR 63, Subpart DDDDD.
Existing sources that have not operated between the effective date of the rule and the appropriate compliance date that are subject to the emissions limits in Table 2 to 40 CFR 63, Subpart DDDDD must complete the:
—Initial emissions compliance demonstration no later than 180 days after restart; and
—Initial tune-up no later than 30 days after restart.
Sources that switch subcategories after the initial compliance date must demonstrate compliance within 60 days of the switch unless a previous compliance demonstration for this subcategory has been conducted within the previous 12 months.

For additional guidance on performance testing, see General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Sources must complete applicable annual compliance tests no more than 13 months after the previous test, unless tests for at least 2 consecutive years demonstrate that emissions are at or below 75 percent of the emissions limit and there are no changes to the source or its operation. In such a case, a performance test for that pollutant needs to be completed only within 37 months of the previous test. If any subsequent test reveals emissions rates exceeding 75 percent of the emissions limit, testing must resume its original schedule.

Subsequent tune-ups must be conducted within the following time frames:

Annual tune-up: no more than 13 months after the previous tune-up;
Biennial tune-up: no more than 25 months after the previous tune-up; and
5-year tune-up: no more than 61 months after the previous tune-up.

Energy efficiency credits. Sources electing to comply with output-based emissions limits, rather than the heat input-based emissions limits in Table 2 to 40 CFR 63, Subpart DDDDD, may obtain credits for implementing energy conservation measures identified in an energy assessment. Details on the generation or use of such credits can be found at 40 CFR 63.7533.

NOTIFICATION, RECORDKEEPING, AND REPORTING

Notifications

40 CFR 63.7545

Initial notification. Sources must comply with the general MACT requirements for initial notification. Sources that start up before January 31, 2013 must submit an initial notification no later than 120 days after January 31, 2013. New or reconstructed sources that start up on or after January 31, 2013 must submit the initial notification no later than 15 days after the actual start-up date. For additional guidance, see GENERAL MACT REQUIREMENTS under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Notification of intent. Sources conducting performance tests must submit a notification of intent to conduct a performance test to the appropriate regulatory authority at least 60 days before the performance test is scheduled to begin.

Notification of compliance status. Sources conducting performance tests must submit a notification of compliance status to the appropriate regulatory authority within 60 days following completion of the test. If a source is not required to complete a compliance test, the notification must be submitted within 60 days after the compliance date. The notification must contain the following information:

A description of the source, including identification of the appropriate subcategory, design heat input capacity, a description of the add-on controls, a description of the fuel(s) burned, and justification for the selection of fuel(s) burned during the compliance demonstration.
Summary of the results of all performance tests and fuel analyses, and calculations conducted to demonstrate initial compliance, including all established operating limits.
A summary of the maximum carbon monoxide emissions levels recorded during the performance test to demonstrate compliance with applicable emissions standards.
Identification of whether the source plans to demonstrate compliance with each applicable emissions limit through performance testing, CEMSs, or fuel analysis.
Identification of whether the source plans to demonstrate compliance by emissions averaging and identification of whether the source plans to demonstrate compliance by using emissions credits through energy conservation.
A signed certification that the source has met all applicable emissions limits and work practice standards.
If the source had a deviation from any emissions limit, work practice standard, or operating limit, the source must also submit a description of the deviation, the duration of the deviation, and the corrective action taken.
The following certification(s) of compliance, as applicable, and signed by a responsible official:
—"This facility completed the required initial tune-up for all boilers and process heaters covered by 40 CFR 63, Subpart DDDDD at this site according to the procedures in 40 CFR 63.7540(a)(10)(i) through (vi)."
—"This facility has had an energy assessment performed according to 40 CFR 63.7530(e)."
—Except for units that burn only natural gas, refinery gas, or other gas 1 fuel, or units that qualify for a statutory exemption as provided in Section 129(g)(1) of the Clean Air Act, include the following: "No secondary materials that are solid waste were combusted in any affected unit."

Notification of alternative fuel use. If the source is designed to burn natural gas, refinery gas, or other gas 1 fuels, and the source intends to use an alternative fuel during a period of natural gas curtailment or supply interruption, a notification of alternative fuel use must be submitted to the appropriate regulatory authority within 48 hours of the declaration of each period of natural gas curtailment or supply interruption.

If a source intends to commence or recommence combusting solid waste, a notification must be submitted to the appropriate regulatory authority at least 30 days before the date the combustion will begin.

Notification of fuel switching. If the source intends to switch fuels that may result in the applicability of a different subcategory, the source must provide 30 days' notice before the date upon which the fuel switch will occur.

Recordkeeping

40 CFR 63.7555 and 40 CFR 63, Subpart DDDDD Table 8

In general, applicable sources must maintain records to demonstrate compliance with all applicable requirements, including:

A copy of each notification and report submitted to the appropriate regulatory authority, along with any supporting documentation.
Records of performance tests, fuel analyses, or other compliance demonstrations and performance evaluations.
For units in the limited use subcategory, a copy of the federally enforceable permit that limits the annual capacity factor to less than or equal to 10 percent and fuel use records for the days the boiler or process heater was operating
CEMSs, continuous opacity monitoring systems (COMSs), and CMS data.
Records necessary to demonstrate compliance with applicable emissions limits, including fuel use, hours of operation, fuel analyses, occurrences and duration of each malfunction and actions to minimize emissions, startups and shutdowns, and any supporting calculations.
Records required in Table 8 to 40 CFR 63, Subpart DDDDD. For access to a copy of the aforementioned table, go to Tables in this section.

All records must be maintained in accordance with the general MACT requirements. See General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Reporting

40 CFR 63.7550

Each source must submit a compliance report. The first compliance report must cover the period beginning on the specified compliance date for the source and ending on June 30 or December 31, whichever date is the first date that occurs at least 180 days after the specified compliance date. The first compliance report must be submitted to the appropriate regulatory authority no later than July 31 or January 31, whichever is the first date following the end of the first calendar half after the compliance date. The first annual, biennial, or 5-year compliance report must be submitted no later than January 31.

Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. Annual, biennial, and 5-year compliance reports must cover the applicable 1-, 2-, or 5-year periods from January 1 to December 31. Subsequent compliance reports must be submitted no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. Annual, biennial, and 5-year compliance reports must be postmarked or submitted no later than January 31. However, sources subject to Title V operating permit requirements with established dates for submitting semiannual reports, may submit on those dates in lieu of the aforementioned reporting deadlines.

A compliance report must contain the information necessary to document compliance, depending on how the facility chooses to comply with the applicable limits.

Boiler MACT for Area Sources

APPLICABILITY

40 CFR 63.11193 to 63.11196

The boiler MACT standard for area sources establishes emissions limitations and work practice standards governing HAP emissions from the following units located at sources that have the potential to emit HAPs at levels below major source thresholds (i.e., those with the potential to emit less than 10 tpy of an individual HAP or less than 25 tpy of a combination of HAPs), provided the units fall into one of the subcategories listed under Types of Boilers in this section:

Industrial boiler. An industrial boiler is a boiler used in manufacturing, processing, mining, and refining, or any other industry, to provide steam, hot water, and/or electricity.
Commercial boiler. A commercial boiler is a boiler used in commercial establishments such as hotels, restaurants, and laundries to provide electricity, steam, and/or hot water.
Institutional boiler. An institutional boiler is a boiler used in institutional establishments, such as, but not limited to, medical centers, nursing homes, research centers, institutions of higher education, elementary and secondary schools, libraries, religious establishments, and governmental buildings, to provide electricity, steam, and/or hot water.

The MACT requirements apply to new, reconstructed, and existing sources. An applicable boiler is considered new or reconstructed in the construction or reconstruction began after June 4, 2010, and the boiler meets the applicability criteria at the time construction or reconstruction commenced. All other units are considered to be existing sources.

Title V operating permits. Applicable area sources are exempt from the requirement to obtain a Title V operating permit as a result of being subject to this boiler MACT for area sources. However, such sources may be subject to Title V operating permit requirements for other reasons and must comply accordingly.

Types of Boilers

40 CFR 63.11200

The MACT standard establishes the following subcategories of boilers:

Coal-fired boilers, which includes any boiler that burns any solid fossil fuel and no more than 15 percent biomass on an annual heat input basis.
Biomass-fired boilers, which includes any boiler that burns biomass and is not in the coal-fired boiler subcategory.
Oil-fired boilers, which includes any boiler that burns any liquid fuel and is neither a biomass nor coal boiler. Gas-fired boilers that burn liquid fuel only during periods of gas curtailment, gas supply interruptions, start-ups, or for periodic testing are not included as an oil-fired boiler. Periodic testing on liquid fuel must not exceed 48 hours during any calendar year.
Seasonal boilers, which includes any boiler not otherwise included in the biomass or oil subcategory that shuts down for a period of at least 7 consecutive months each 12-month period due to seasonal conditions, except for periodic testing that must not exceed a combined total of 15 days during the shutdown.
Oil-fired boilers with a heat input capacity equal to or less than 5 million MMBtu/hr.
Boilers with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-up.
Limited-use boilers, which includes any boiler that burns any amount of solid or liquid fuels and has a federally enforceable average annual capacity factor of no more than 10 percent.

Exemptions

40 CFR 63.11195

The following types of boilers are not subject to the boiler MACT for area sources:

Boilers specifically listed as, or included in the definition of, an affected source in another MACT standard.
Boilers specifically listed as an affected source in any NSPS or emissions guidelines established under Section 129 of the CAA dealing with solid waste combustion.
Boilers required to have a permit under Section 3005 of the Solid Waste Disposal Act or covered by the HWC MACT.
Boilers or process heaters that are used specifically for research and development. This does not include units that provide heat or steam to a process at a research and development facility.
Gas-fired boilers, which includes any boiler that burns gaseous fuels not combined with any solid fuels or burns liquid fuel only during periods of gas curtailment, gas supply interruption, start-ups, or periodic testing on liquid fuel. Periodic testing of liquid fuel must not exceed a combined total of 48 hours during any calendar year.
Hot water heaters. A "hot water heater" is defined as a closed vessel with a capacity of no more than 120 U.S. gallons in which water is heated by combustion of gaseous, liquid, or biomass fuel and is withdrawn for use external to the vessel. Hot water boilers combusting gaseous, liquid, or biomass fuel with a heat input capacity less than 1.6 MMBtu/hr are included in this definition. Hot water heater also means a tankless unit that provides on-demand hot water.
Any boiler or process heater that is used as a control device to comply with the standard under 40 CFR 60, 40 CFR 61, or 40 CFR 63, provided that at least 50 percent of the heat input during any 3 consecutive calendar years to the boiler is provided by the gas stream that is regulated under another standard.
Temporary boilers, which includes any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one location to another by means of wheels, skids, carrying handles, dollies, trailers, or platforms. A boiler is not temporary if any one of the following conditions exists:
—The equipment is attached to a foundation;
—The boiler or a replacement remains at a location within the facility and performs the same or similar function for more than 12 consecutive months, unless the appropriate regulatory authority grants an extension;
—The equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for at least 3 months each year; or
—The equipment is moved from one location to another within the facility but continues to perform the same or similar function and serve the same electricity, steam, and/or hot water system in an attempt to circumvent the residence time requirements of a temporary boiler.
Residential boilers used to provide heat and/or hot water and/or as part of a residential combined heat and power system. Included are boilers located at an institutional facility or commercial/industrial facility used primarily to provide heat and/or hot water for the following:
—A dwelling containing four or fewer families; or
—A single unit residence that has since been converted or subdivided into condominiums or apartments.
Electric boilers in which electric heating serves as the source of heat, including electric boilers that burn gaseous or liquid fuel during periods of electrical power curtailment or failure.
Electric utility steam generating units.

Compliance Deadlines

40 CFR 63.11196

Applicable sources must be in compliance with requirements of the boiler MACT for area sources by the following deadlines:

New boiler: May 20, 2011, or upon start-up, whichever is later.
Existing boiler:
—If subject to a work practice or management practice standard of a tune-up: March 21, 2014
—If subject to emissions limits: March 21, 2014
—If subject to the energy assessment requirement: March 21, 2014

EMISSIONS STANDARDS

40 CFR 63.11201 and 40 CFR 63, Subpart JJJJJJ Table 1

The MACT standard establishes emissions limits for boilers that vary depending on the type and capacity of the unit. The pollutants regulated by the MACT standard include:

Mercury
Carbon monoxide
Particulate matter

For access to a copy of the emissions limits, go to Tables in this section.

The emissions standards apply at all times the applicable boiler is operating, except during period of start-up and shutdown. During start-up and shutdown, the applicable boiler must comply with start-up and shutdown provisions under OPERATING REQUIREMENTS in this section.

OPERATING REQUIREMENTS

40 CFR 63.11201, 40 CFR 63.11205, 40 CFR 63.11237, 40 CFR 63, Subpart JJJJJJ Table 2, and 40 CFR 63, Subpart JJJJJJ Table 3

Tune-Up

Applicable boilers must receive tune-ups as follows, with all existing boilers also requiring an initial tune-up:

Coal-fired boilers with heat input capacity of less than 10 MMBtu/hr that are limited-use boilers, or use an oxygen trim system that maintains an optimum air-to-fuel ratio: Biennially
Oil-fired boilers with heat input capacity greater than 5 MMBtu/hr that are not seasonal boilers or limited-use boilers, or use an oxygen trim system that maintains an optimum air-to-fuel ratio: Biennially
Oil-fired boilers with heat input capacity equal to or less than 5 MMBtu/hr: Every 5 years
Biomass-fired boilers that are not seasonal boilers or limited-use boilers, or use an oxygen trim system that maintains an optimum air-to-fuel ratio: Biennially
Seasonal boilers: Every 5 years
Limited-use boilers: Every 5 years
Coal-fired, biomass-fired, or oil-fired boilers equipped with an oxygen trim system that maintains an optimum air-to-fuel ratio: Every 5 years

Energy Assessment

Existing coal-fired, biomass-fired, or oil-fired boilers with a heat input capacity of 10 MMBtu/hr or greater located at area source facilities must conduct a onetime energy assessment. The energy assessment must be conducted by a qualified energy assessor and must include:

A visual inspection of the boiler system;
An evaluation of operating characteristics of the applicable boiler systems, specifications of energy-using systems, operating and maintenance procedures, and unusual operating constraints;
An inventory of major energy-use systems consuming energy from the applicable boiler and that are under the control of the boiler owner or operator;
A review of available architectural and engineering plans, facility operation and maintenance procedures and logs, and fuel usage;
A list of major energy conservation measures that are within the facility's control;
A list of the energy savings potential of the energy conservation measures identified; and
A comprehensive report detailing the ways to improve efficiency, the cost of specific improvements, benefits, and the time frame for recouping those investments.

The extent of the aforementioned energy assessment content will be appropriate for the scope of the assessment as follows:

For facilities with applicable boilers with less than 0.3 trillion Btu per year (TBtu/year) heat input capacity:
—The assessment is a maximum of 8 on-site technical labor hours, but may be longer at the owner's or operator's discretion; and
—The boiler systems and any on-site energy use systems accounting for at least 50 percent of the applicable boiler's energy production (e.g., steam, hot water, or electricity) must be evaluated to identify energy savings opportunities, within the limit of performing an 8-hour energy assessment.
For facilities with applicable boilers with 0.3 to 1.0 TBtu/year heat input capacity:
—The assessment is a maximum of 24 on-site technical labor hours, but may be longer at the owner's or operator's discretion; and
—The boiler systems and any on-site energy use systems accounting for at least 33 percent of the applicable boiler's energy production (e.g., steam, hot water, or electricity) must be evaluated to identify energy savings opportunities, within the limit of performing an 8-hour energy assessment.
For facilities with applicable boilers with greater than 1.0 TBtu/year heat input capacity:
—The assessment is up to 24 on-site technical labor hours for the first TBtu/hr plus 8 on-site technical labor hours for every additional 1.0 TBtu/hr not to exceed 160 on-site technical labor hours, but may be longer at the owner's or operator's discretion; and
—The boiler systems and any on-site energy use systems accounting for at least 20 percent of the applicable boiler's energy production (e.g., steam, hot water, or electricity) must be evaluated to identify energy savings opportunities.

An energy assessment completed on or after January 1, 2008, that meets or is amended to meet the aforementioned energy assessment requirements is valid, and in such instances the qualification requirements for the energy assessor are waived. In addition, a facility that operates under an energy management program compatible with ISO 50001 that includes the applicable boilers also satisfies the energy assessment requirement.

Control Devices

The EPA also establishes operating limits for various control devices and methods for establishing site-specific operating limits. The operating limits apply at all times the applicable boiler is operating, except during period of start-up and shutdown. During start-up and shutdown, the applicable boiler must comply with start-up and shutdown provisions under OPERATING REQUIREMENTS in this section.

For access to a copy of the table outlining the operating limits, go to Tables in this section.

Start-up and Shutdown

Existing or new coal-fired boilers, new biomass-fired boilers, or new oil-fired boilers with a heat input capacity of 10 MMBtu/hr or greater must minimize start-up and shutdown periods and conduct start-ups and shutdowns according to the manufacturer's recommended procedures. If such procedures are unavailable, the units must follow recommended procedures for a unit of similar design for which manufacturer's recommended procedures are available. In addition, applicable units must follow general MACT requirements for start-up and shutdown. See General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Definition of "start-up." "Start-up" is either:

The first-ever firing of fuel in a boiler for the purpose of supplying useful thermal energy (e.g., steam or hot water) for heating, and/or producing electricity, or for any other purpose; or for the firing of fuel in a boiler after a shutdown event for any purpose. Start-up ends when any of the useful thermal energy is supplied for heating and/or producing electricity or for any other purpose; or
The period in which operation of a boiler is initiated for any purpose. Start-up begins with either the first-ever firing of fuel in a boiler for the purpose of supplying useful thermal energy for heating, cooling or process purposes or producing electricity, or for the firing of fuel in a boiler for any purpose after a shutdown event. Start-up ends 4 hours after the boiler supplies useful thermal energy for heating, cooling, or process purposes or generates electricity, whichever is earlier.

Definition of "shutdown." "Shutdown" is defined as the period in which cessation of boiler operations is initiated for any purpose. Shutdown begins either when the boiler no longer supplies useful thermal energy for heating, cooling, or process purposes, or generates electricity, or when no fuel is being fed to the boiler, whichever is earlier. Shutdown ends when the boiler no longer supplies useful thermal energy for heating, cooling, or process purposes, or generates electricity, and no fuel is being combusted in the boiler.

Definition of "useful thermal energy." "Useful thermal energy" is energy (i.e., steam or hot water) that meets the minimum operating temperature, flow, and/or pressure required by any energy use system that uses energy provided by the affected boiler.

COMPLIANCE DEMONSTRATION AND TESTING

40 CFR 63.11205 to 63.11226

All applicable boilers must demonstrate initial and ongoing compliance with all applicable emissions limits using performance stack testing, fuel analysis, or continuous monitoring systems (CMSs), where applicable, and develop a site-specific monitoring plan. For access to copies of the tables outlining the compliance demonstration requirements, go to Tables in this section.

A description of the installation of the CMS sampling probe or other interface at a measurement location representative of controlled exhaust emissions (e.g., on or downstream of the last control device);
Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems;
Performance evaluation procedures and acceptance criteria (e.g., calibrations);
A description of ongoing operation and maintenance procedures;
A description of ongoing data quality assurance procedures; and
A description of ongoing recordkeeping and reporting procedures.

For additional guidance on monitoring plans, see General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Performance testing. Sources demonstrating initial and ongoing compliance with applicable emissions limits via performance testing must conduct such tests according to the EPA test methods prescribed in Table 4 to 40 CFR 63 Subpart JJJJJJ, or conduct a fuel analysis according to the methods prescribed in Table 5 to 40 CFR 63 Subpart JJJJJJ.

Existing sources with emissions limits were required to demonstrate initial compliance no later than 180 days after the aforementioned compliance date, but existing sources with applicable work practice standards, management practices, or emissions reduction measures were required demonstrate compliance by the aforementioned compliance date. New or reconstructed sources are required to demonstrate initial compliance with the emissions limits within 180 days after start-up of the source. For additional guidance on performance testing, see General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

In addition, the following sources must conduct performance tests, as follows:

New or reconstructed oil-fired boilers beginning construction or reconstruction on or before September 14, 2016, that combust oil containing no more than 0.50 weight percent sulfur (either alone or in a mixture with other fuels not subject to a PM emissions limit), and that are not using a postcombustion control technology other than a wet scrubber to reduce PM or SO₂ emissions, are not subject to a PM emissions limit in 40 CFR 63, Subpart JJJJJJ Table 1 until September 14, 2019 (see EMISSIONS STANDARDS in this section) provided appropriate recordkeeping is conducted. Such sources must complete a performance test within 60 days of burning a new type of fuel. In addition, on and after September 14, 2019, to source is subject to PM emissions limit and must conduct a compliance demonstration by March 12, 2020.
New or reconstructed boilers that combust only ultra-low-sulfur liquid fuel are not subject to the PM emissions limit in 40 CFR 63, Subpart JJJJJJ Table 1 (see EMISSIONS STANDARDS in this section), provided the type of fuel combusted is monitored and recorded on a monthly basis. If fuel other than ultra-low-sulfur liquid fuel or gaseous fuels is burned, a performance test must be conducted within 60 days of burning the new fuel.
New or reconstructed boilers that have applicable work practice standards or management practices (see OPERATING REQUIREMENTS in this section): No initial performance tune-up is required, but the biennial or 5-year tune-up must be completed no later than 25 months or 61 months, respectively, after the initial start-up of the new or reconstructed source.
Applicable boilers that cease burning solid waste and the initial compliance date has passed: A compliance demonstration must be completed within 60 days of the effective date of the waste-to-fuel switch.
Applicable boilers that switch fuels or make a physical change to the boiler that results in the applicability of a different subcategory (see Types of Boilers in this section): A compliance demonstration must be completed within 180 days of the effective date of the fuel switch or the physical change.
Boilers located at existing major sources of HAPs that limit their potential to emit (e.g., make a physical change or take a permit limit) such that the existing major source becomes an area source:
—Existing boilers must demonstrate compliance within 180 days of the later of March 21, 2014, or upon the existing major source commencing operation as an area source; or
—New or reconstructed boilers at the existing source must demonstrate compliance within 180 days of the later of March 21, 2011, or start-up.
Existing applicable boilers that have not operated on solid fossil fuel, biomass, or liquid fuel between the effective date of the rule and the compliance date specified for the source must:
—Complete the initial compliance demonstration, if subject to the emissions limits in 40 CFR 63, Subpart JJJJJJ Table 1 (see EMISSIONS STANDARDS in this section), no later than 180 days after the restart of the applicable boiler on solid fossil fuel, biomass, or liquid fuel;
—Complete the initial performance tune-up, if subject to the tune-up requirements (see OPERATING REQUIREMENTS in this section), no later than 30 days after the restart of the applicable boiler on solid fossil fuel, biomass, or liquid fuel; and
—Complete the onetime energy assessment, if subject to the energy assessment requirements (see OPERATING REQUIREMENTS in this section), no later than the compliance date specified under Compliance Deadlines in this section.

Boilers with a heat input capacity of 10 MMBtu/hr or greater must conduct all performance tests triennially, within 37 months from the previous test. If a source demonstrates compliance with the mercury emissions limit based on fuel analysis, the source must conduct a monthly fuel analysis for each type of fuel burned. A fuel analysis must be conducted before burning the new type of fuel or mixture in an applicable boiler, and the mercury emissions limit must be recalculated to ensure it is less than the applicable emissions limit.

NOTIFICATION, RECORDKEEPING, AND REPORTING

Notifications

40 CFR 63.11225(a) and 40 CFR 63.11225(g)

Initial notification. Sources must comply with the general MACT requirements for initial notification. The initial notification must be submitted no later than January 20, 2014, or within 120 days after the source becomes subject to this standard. For additional guidance, see General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Notification of compliance status. Applicable sources must submit a notification of compliance status to the appropriate regulatory authority no later than 120 days after the applicable compliance date, unless you own or operate a new boiler subject only to the requirement to conduct a biennial or 5-year tune-up, or unless a performance stack test is required. Sources conducting performance tests must submit a notification of compliance status to the appropriate regulatory authority within 60 days following completion of the test. The notification must contain the following certification(s) of compliance, as applicable, and be signed by a responsible official:

"This facility complies with the requirements in 40 CFR 63.11214 to conduct an initial tune-up of the boiler."
"This facility has had an energy assessment performed according to 40 CFR 63.11214(c)."
For sources that install bag leak detection systems: "This facility complies with the bag leak detection system requirements in accordance with 40 CFR 63.11224(f)."
For units that do not qualify for a statutory exemption as provided in Section 129(g)(1) of the CAA: "No secondary materials that are solid waste were combusted in any affected unit."

Submission of notifications. The notification must be submitted electronically using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through EPA's Central Data Exchange (CDX) at www.epa.gov/cdx. If a specific reporting form is not available on CEDRI at the time the report is due, written notifications may be submitted.

Recordkeeping

40 CFR 63.11225(c) and 40 CFR 63.11225(d)

In general, applicable sources must maintain records to demonstrate compliance, including:

A copy of each notification and report submitted to the appropriate regulatory authority.
Records to document conformance with the required work practices, emissions reduction measures, and management practices.
For sources that demonstrate compliance through fuel analysis, a copy of all calculations and supporting documentation that were done to demonstrate compliance with the mercury emissions limits. Supporting documentation should include results of any fuel analyses.
Records of the occurrence and duration of each malfunction of the boiler, or of the associated air pollution control and monitoring equipment.
Records of actions taken during periods of malfunction to minimize emissions, including corrective actions to restore the malfunctioning boiler, air pollution control, or monitoring equipment to its normal or usual manner of operation.
Records of all inspection and monitoring data, including:
—The date, place, and time of the monitoring event
—Person conducting the monitoring
—Technique or method used
—Operating conditions during the activity
—Results, including the date, time, and duration of the period from the time the monitoring indicated a problem to the time that monitoring indicated proper operation
—Maintenance or corrective action taken, if applicable.
Records to demonstrate the proper operation and maintenance of a bag leak detection system, if applicable.

All records must be maintained for 5 years following the date of each recorded action. The records must be maintained on-site for the first 2 years, after which they may be moved off-site.

Reporting

40 CFR 63.11225(b)

Each source must submit, upon request of the appropriate regulatory authority, an annual compliance report by March 1 of each year. The report must contain:

Company name and address.
Statement by a responsible official, with the official's name, title, phone number, e-mail address, and signature, certifying the truth, accuracy, and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of the boiler MACT for area sources. The compliance report must include the following certifications of compliance, as applicable, and be signed by a responsible official:
—"This facility complies with the requirements in 40 CFR 63.11223 to conduct a biennial or 5-year tune-up, as applicable, of each boiler."
—For units that do not qualify for a statutory exemption as provided in Section 129(g)(1) of the Clean Air Act: "No secondary materials that are solid waste were combusted in any affected unit."
—"This facility complies with the requirement in 40 CFR 63.11214(d) and 40 CFR 63.11223(g) to minimize the boiler's time spent during start-up and shutdown and to conduct start-ups and shutdowns according to the manufacturer's recommended procedures or procedures specified for a boiler of similar design if manufacturer's recommended procedures are not available."
If the source experiences any deviations from the applicable requirements during the reporting period, include a description of deviations, the time periods during which the deviations occurred, and the corrective actions taken. Sources experiencing such deviations have until March 15 to submit the report.
The total fuel use by each affected boiler subject to an emissions limit for each calendar month within the reporting period, including, but not limited to:
—A description of the fuel;
—Whether the fuel has received a nonwaste determination;
—Whether the fuel was processed from discarded nonhazardous secondary materials within the meaning of 40 CFR 241.3; and
—The total fuel usage amount.

Boilers subject only to the energy assessment requirement and/or a requirement to conduct a biennial or 5-year tune-up and not subject to emissions limits or operating limits need only prepare a biennial or 5-year compliance report containing the company name and address and the aforementioned certification statement by a responsible official.

NSPS for Industrial/Commercial/Institutional Boilers

SUBPART DB

Applicability

40 CFR 60.40b and 40 CFR 60.41b

NSPS Subpart Db established emissions standards for industrial, commercial, and institutional steam generating units that:

Commence construction, modification, or reconstruction after June 19, 1984; and
Have a heat input capacity greater than 100 MMBtu/hr.

A steam generating unit is a device that combusts any fuel or by-product/waste and produces steam or heats water or heats any heat transfer medium. It includes any municipal-type solid waste incinerator with a heat recovery steam generating unit or any steam generating unit that combusts fuel and is part of a cogeneration system or a combined cycle system. Process heaters are not considered steam generating units.

In addition, applicable facilities that also meet the applicability requirements of 40 CFR 60 Subpart J-NSPS for Petroleum Refineries or of 40 CFR 60 Subpart Ja-NSPS for Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After May 14, 2007 are subject to emissions limitations under both standards.

Emissions Standards

40 CFR 60.42b to 60.44b

The NSPS establishes emissions limits for steam generating units that vary depending on the construction date, source capacity, and fuel type. The pollutants regulated by standard include:

SO₂
NOx
Particulate matter

Compliance Demonstration and Testing

40 CFR 60.45b and 40 CFR 60.46b

All applicable sources must demonstrate initial compliance with all applicable emissions limits using performance testing. See NSPS under CONSTRUCTION PERMITS in the national section AIR EMISSIONS PERMITS for more information on the general performance testing requirements of NSPS.

Notification, Recordkeeping, and Reporting

40 CFR 60.49b

Notifications. Each applicable source must submit a notification of the date of initial start-up that includes:

The design heat input capacity of the affected facility and identification of the fuels to be combusted;
If applicable, a copy of any federally enforceable requirement that limits the annual capacity factor for any fuel or mixture of fuels;
The annual capacity factor at which the facility anticipates operating based on all fuels fired and based on each individual fuel fired; and
Notification that an emerging technology will be used for controlling emissions of SO₂, if applicable;

See NSPS under CONSTRUCTION PERMITS in the national section AIR EMISSIONS PERMITS for more information on the general notification requirements of NSPS.

Recordkeeping. Sources must maintain records of the amounts of each fuel combusted during each day and the calculated annual capacity factor individually for coal, distillate oil, residual oil, natural gas, wood, and municipal-type solid waste for the reporting period. The annual capacity factor is determined on a 12-month rolling average basis with a new annual capacity factor calculated at the end of each calendar month.

In addition, the applicable source must maintain other records that vary based on the type of fuel combusted and the applicable emissions standard. All records required must be maintained for a period of 2 years following the date of the record.

Reporting. Applicable sources must submit reports containing the required information necessary to document compliance to the appropriate regulatory authority every 6 months. All reports must be postmarked by the 30th day following the end of the reporting period.

SUBPART DC

Applicability

40 CFR 60.40c

NSPS Subpart Dc established emissions standards for industrial, commercial, and institutional steam generating units that:

Commence construction, modification, or reconstruction after June 9, 1989; and
Have a maximum heat input capacity of 100 MMBtu/hr or less, but equal to or greater than 10 MMBtu/hr.

The following sources are not subject to the requirements of NSPS Subpart Dc:

Heat recovery steam generators and fuel heaters that are associated with combined cycle gas turbines and meet the applicability requirements of NSPS Subpart KKKK—Standards of Performance for Stationary Combustion Turbines
Any facility covered by NSPS Subpart AAAA—Standards of Performance for Small Municipal Waste Combustion Units for Which Construction Is Commenced After August 30, 1999, or for Which Modification or Reconstruction Is Commenced After June 6, 2001
Any facility covered by NSPS Subpart CCCC—Standards of Performance for Commercial and Industrial Solid Waste Incineration Units
Any facility covered by an EPA-approved state or federal Section 111(d)/129 plan implementing NSPS Subpart BBBB—Emissions Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999
Temporary boilers. A temporary boiler is a steam generating unit that combusts natural gas or distillate oil with a potential SO₂ emissions rate no greater than 0.060 lb/MMBtu, and the unit is designed to, and is capable of, being carried or moved from one location to another by means of wheels, skids, carrying handles, dollies, trailers, or platforms. A steam generating unit is not a temporary boiler if any one of the following conditions exists:
—The equipment is attached to a foundation.
—The steam generating unit or a replacement remains at a location for more than 180 consecutive days. Any temporary boiler that replaces a temporary boiler at a location and performs the same or similar function will be included in calculating the consecutive time period.
—The equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for at least 3 months each year.
—The equipment is moved from one location to another in an attempt to circumvent the residence time requirements of this definition.

Emissions Standards

40 CFR 60.42c and 40 CFR 60.43c

The NSPS establishes emissions limits for steam generating units that vary depending on the construction date, source capacity, and fuel type. The pollutants regulated by standard include:

SO₂
Particulate matter

Compliance Demonstration and Testing

40 CFR 60.44c and 40 CFR 60.45c

Notification, Recordkeeping, and Reporting

40 CFR 60.48c

Notifications. Each applicable source must submit a notification of the date of construction, reconstruction, and actual start-up that includes:

The design heat input capacity of the affected facility and identification of the fuels to be combusted;
If applicable, a copy of any federally enforceable requirement that limits the annual capacity factor for any fuel or mixture of fuels;
The annual capacity factor at which the facility anticipates operating based on all fuels fired and based on each individual fuel fired; and
Notification that an emerging technology will be used for controlling emissions of SO₂, if applicable.

See NSPS under CONSTRUCTION PERMITS in the national section AIR EMISSIONS PERMITS for more information on the general notification requirements of NSPS.

Recordkeeping. Sources must maintain records of the amounts of each fuel combusted during each day and the calculated annual capacity factor individually for each fuel combusted. The annual capacity factor is determined on a 12-month rolling average basis with a new annual capacity factor calculated at the end of each calendar month.

Reporting. Applicable sources must submit to the appropriate regulatory authority all performance test data from the initial and any subsequent performance tests and, if applicable, the performance evaluation of the CEMS.

Applicable sources must submit reports containing the required information necessary to document compliance to the appropriate regulatory authority every 6 months. All reports must be postmarked by the 30th day following the end of the reporting period.

Hazardous Waste Combustion: RCRA-CAA Transition

HWC MACT STANDARD DEVELOPMENT

The HWC MACT was developed in two phases. Phase I addresses hazardous waste-burning incinerators, cement kilns, and lightweight aggregate kilns. Phase II deals with hazardous waste-burning industrial boilers, process heaters, and hydrochloric acid production furnaces.

HWC MACT COURT PROCEEDINGS

Phase I Standards and Replacement Standards

On July 24, 2001, the Court of Appeals for the District of Columbia Circuit vacated challenged portions of the 1999 HWC Phase 1 MACT standard (Cement Kiln Recycling Coalition v. EPA). According to the court, the standards "fail to reflect the emissions achieved in practice by the best performing sources as required by the Clean Air Act."

As a result of the vacatur, EPA did not have any standards regulating emissions from HWCs. Therefore, the court invited EPA or any of the parties that challenged the regulation to file a motion to request that either the 1999 standards remain in place or EPA be allowed time to develop interim standards until replacement standards could be put in place that would comply with the court's opinion. On October 19, 2001, EPA, together with all the other parties, requested the court stay its vacatur order until February 14, 2002, to allow EPA time to develop and promulgate interim standards. The court granted this motion on November 1, 2001. EPA promulgated negotiated interim standards on February 13, 2002, and several amendments to the Phase 1 compliance and implementation requirements on February 14, 2002. The court then issued its vacatur order on March 19, 2002.

The court also published an order on March 4, 2002, which required EPA to promulgate replacement Phase I MACT standards by June 14, 2005. EPA proposed the Phase I replacement standards on April 20, 2004; the final standards were issued October 12, 2005; and amendments were promulgated in April 2008.

Phase II Standards

In addition to the Phase I replacement standards, EPA's October 12, 2005 rulemaking also included the final Phase II standards for solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces that burn hazardous waste.

PERMITS

Sources subject to the HWC MACT requirements will be required to obtain a Title V operating permit that will focus on the operation of the combustion unit, specifically the MACT emissions limits and the operational parameters necessary to maintain compliance with the MACT requirements.

Sources subject to both the Phase I replacement standards and the Phase II standards will still need a RCRA permit to operate even after they submit a Notice of Compliance documenting compliance with the MACT. However, the RCRA permit needs to address only basic hazardous waste management, including:

General facility standards
Corrective action
Other hazardous waste management units, such as storage units
Other combustor-specific concerns, such as materials handling
Any risk-based combustor emissions and operating requirements that are more stringent than the MACT standard

The inapplicable RCRA combustion performance standards of 40 CFR Parts 264, 265, 266, and 270 can be removed from the RCRA permit via a streamlined permit modification procedure. See the national section TSDF PERMITS for more information.

HWCs Regulated by the CAA

WHO IS COVERED?

40 CFR 63.1200

The HWC MACT standard, under the CAA, applies to all area source (i.e., nonmajor source) and major source HWCs, which includes:

Hazardous waste incinerators. A hazardous waste incinerator is defined as any enclosed device that burns hazardous waste at any time using controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit nor is listed as an industrial furnace.
Hazardous waste cement kilns. A hazardous waste cement kiln is a rotary kiln and any associated preheater or precalciner devices that produce clinker by heating limestone and other materials for subsequent production of cement for use in commerce, and that burns hazardous waste at any time.
Hazardous waste lightweight aggregate kilns. A hazardous waste lightweight aggregate kiln is a rotary kiln that produces clinker by heating materials such as slate, shale, and clay for subsequent production of lightweight aggregate used in commerce, and that burns hazardous waste at any time.
Hazardous waste solid fuel boilers. A hazardous waste solid fuel boiler is a boiler that burns a solid fuel and that burns hazardous waste at any time. EPA defines a "boiler" as an enclosed device that uses controlled flame combustion to recover and export thermal energy in the form of steam, heated gases, or heated fluids, provided it has the following characteristics:
—Boilers must have a combustion chamber and an integral primary energy recovery system. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit.
—The energy recovery system must maintain a thermal energy recovery efficiency of at least 60 percent.
—The unit must export and use at least 75 percent of the recovered energy. No credit is given for recovered heat used internally.
Hazardous waste liquid fuel boilers. A hazardous waste liquid fuel boiler is a boiler that does not burn solid fuels and that burns hazardous waste at any time. Liquid fuel boilers include boilers that burn only gaseous fuel.
Hazardous waste hydrochloric acid (HCl) production furnaces. A hazardous waste hydrochloric acid production furnace is a halogen acid furnace (HAF) that burns hazardous waste at any time and produces aqueous HCl product from halogenated hazardous waste generated by chemical production facilities where:
—The furnace is on-site at a chemical plant.
—The acid product has a halogen acid content of at least 3 percent.
—The acid product is used in a manufacturing process.
—Except for hazardous waste burned as a fuel, hazardous waste fed to the furnace has a minimum halogen content of 20 percent as generated.

Sources subject to a MACT standard must comply with the general requirements for MACT standards in addition to the requirements for source-specific standards. See the national section HAZARDOUS AIR POLLUTANTS for information about the general requirements.

Exceptions

Previously affected sources. Sources that may have been previously subject to this standard are no longer subject, provided:

Hazardous waste no longer resides in the combustion chamber.
The closure requirements of 40 CFR 264 or 40 CFR 265 have been initialized. See the national section CLOSURE AND POST-CLOSURE PLANS for more information.
EPA has been notified in writing that the source is no longer an affected source under the HWC MACT.

Research, development, and demonstration sources. Research, development, and demonstration sources are exempt from the hazardous waste combustor MACT provided the source operated for no longer than 1 year after first burning hazardous waste. However, the unit may still be subject to the RCRA permitting requirements of 40 CFR 270.65 for hazardous waste treatment facilities proposing to utilize an innovative and experimental treatment technology.

Exempt wastes. The MACT requirements do not apply to units that combust only hazardous wastes exempted from regulation under 40 CFR 266.100(c). See Complete RCRA exemptions under BIFs REGULATED BY RCRA in this section.

Small quantity burners. The MACT requirements do not apply to units that meet the definition of small quantity burner under 40 CFR 266.108. See Conditional exemption for small quantity burners under BIFs REGULATED BY RCRA in this section.

PERMITS

40 CFR 63.1200

All sources subject to the MACT must obtain a Title V operating permit. For more information on MACT standards and operating permits, see the national sections HAZARDOUS AIR POLLUTANTS and TITLE V.

OPERATING STANDARDS

40 CFR 63.1206

All HWCs must operate in accordance with the requirements specified in the Documentation of Compliance (DOC) or the Notification of Compliance (NOC). Such requirements will be incorporated into the facility's Title V operating permit. See the national section TITLE V for additional information.

All sources subject to the HWC MACT must:

Prepare and maintain a start-up, shutdown, and malfunction plan that includes a description of potential causes of malfunctions, including releases from emergency safety vents, that may result in significant releases of hazardous air pollutants, and actions the source is taking to minimize the frequency and severity of those malfunctions. See General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.
Install, maintain, and operate a functioning system that immediately and automatically cuts off the hazardous waste feed when any of the following are exceeded, when any component of the automatic waste feed cutoff system fails, or when any continuous monitoring system (CMS) monitoring an operating parameter limit or emissions limit malfunctions:
—Operating parameter limits
—An emissions standard monitored by a continuous emissions monitoring system (CEMS)
—The allowable combustion chamber pressure
—Span value of any CMS detector.
Develop an emergency safety vent operating plan, comply with the operating plan, and keep the plan in the operating record. The plan must contain detailed procedures, calculations, and information for rapidly stopping the waste feed, shutting down the combustor, and maintaining temperature and negative pressure in the combustion chamber during the hazardous waste residence time, if feasible.
Control combustion system leaks by:
—Keeping the combustion zone sealed; or
—Maintaining the maximum combustion zone pressure lower than ambient pressure using an instantaneous monitor.
Operation and maintenance plans that describe in detail procedures for operation, inspection, maintenance, and corrective measures for all components of the combustor that could affect emissions of regulated HAPs, including pollution control equipment. The plan must:
—Prescribe how the source will operate and maintain the combustor in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels achieved during the comprehensive performance test. See Testing Requirements in this section for more information on the comprehensive performance test.
—Ensure compliance with the operation and maintenance requirements and minimize emissions of pollutants, automatic waste feed cutoffs, and malfunctions.
—Be recorded in the operating record.
Combustors equipped with a baghouse must continuously operate a bag leak detection system or a particulate matter detection system.
Combustors equipped with an electrostatic precipitator or ionizing wet scrubber that elect not to establish site-specific control device operating parameter limits that are linked to the automatic waste feed cutoff system must continuously operate a particulate matter detection system.
Establish training programs for all categories of personnel whose activities may reasonably be expected to directly affect emissions of HAPs from the source, including:
—Chief facility operators
—Control room operators
—CMS operators
—Persons who sample and analyze feedstreams
—Persons who manage and charge feedstreams to the combustor
—Persons who operate emissions control devices
—Ash and waste handlers.

See the national section TRAINING for more information training programs for HWC personnel.

EMISSIONS STANDARDS

40 CFR 63.1203 to 63.1205 and 40 CFR 63.1216 to 63.1221

The emissions limits established by the MACT standard for HWCs vary depending on the type and age of the unit. The pollutants regulated by the MACT standard include:

Dioxins and furans, combined
Mercury
Lead and cadmium, combined
Arsenic, beryllium, and chromium, combined
Carbon monoxide
Hydrocarbons
Hydrochloric acid and chlorine gas, combined
Particulate matter

Destruction and removal efficiency (DRE). The regulations also establish a DRE that must be achieved for each principal organic hazardous constituent (POHC) of the hazardous waste. Using waste analysis and other data, POHCs from the list of federal HAPs must be specified for each waste on the basis of the degree of difficulty to incinerate and the concentration in the waste feedstream. Each POHC must be controlled with a minimum DRE of 99.99 percent.

For the dioxin-listed wastes F020, F021, F022, F023, F026, or F027, a DRE of 99.9999 percent must be achieved for each POHC. In addition, EPA must be notified of the intent to combust of dioxin-listed waste. For more information on listed wastes, see the national section LISTED WASTES.

TESTING REQUIREMENTS

40 CFR 63.1207 and 40 CFR 63.1210

Types of Tests

Comprehensive performance test (CPT). A CPT must be conducted to demonstrate that the HWC is in compliance with all of the applicable emission limits, to establish limits for various operating parameters, and to demonstrate compliance with the performance specifications of CMSs.

The initial CPT must be conducted no later than 6 months after the compliance date. The initial CPT for incinerators, cement kilns, and lightweight aggregate kilns must be conducted no later than 12 months after the compliance date. Subsequent comprehensive tests must be initiated no later than 61 months after the previous test, and must be completed within 60 days after initiation.

Confirmatory test. A confirmatory test must also be performed to demonstrate compliance with the dioxin/furan emissions standard under normal operating conditions and to conduct a performance evaluation of the CMS required to ensure compliance with that standard.

Confirmatory testing must commence no later than 31 months after the commencement date of the previous CPT, and must be completed within 60 days after initiation. The intent of the varying time periods is to have a confirmatory test approximately halfway between CPTs. Therefore, EPA will not approve a test plan that schedules a confirmatory test within 18 months of a CPT.

Onetime dioxin/furan test for sources not subject to a numerical dioxin/furan standard. For solid fuel boilers and hydrochloric acid production furnaces and for lightweight aggregate kilns and liquid fuel boilers that are not subject to a numerical dioxin/furan emissions standard, a onetime emissions test for dioxin/furan under feed and operating conditions that are most likely to reflect daily maximum operating variability, similar to a dioxin/furan CPT, must be conducted. The dioxin/furan emissions test must be conducted no later than the deadline for conducting the initial CPT.

Guidance. For additional guidance on stack testing, see Emissions Inventory under QUANTIFYING EMISSIONS in the national section AIR EMISSIONS PERMITS.

Test Plans

Notifications. EPA must be notified of a CPT by submission of a site-specific test plan at least 1 year before the scheduled commencement of the test. Approval or denial of the original plan will be received from EPA within 9 months of submittal. Confirmation that the test is proceeding as scheduled must then be provided to EPA at least 60 calendar days before the test.

Notification and submission of a test plan for a confirmatory test must be done at least 60 calendar days before the test, and EPA will approve or deny the test plan no later than 30 days after receipt of the plan.

Upon approval, all test plans must be made available for public review no later than 60 calendar days before initiation of the test, and a public notice must be issued confirming the availability of the plan and listing the locations for public review. Test plans must be accessible to the public for 60 calendar days, beginning on the date public notice is issued. The notification must include the following information, at a minimum:

The name and telephone number of the source's contact person
The name and telephone number of the regulatory agency's contact person
The location where the test plans and any necessary supporting documentation can be reviewed and copied
The time period for which the test plans will be available for public review
An expected time period for commencement and completion of the performance test and CMS performance evaluation test

Test plan content. All test plans must comply with the general requirements under 40 CFR 63.7 that are applicable to all MACT sources.

In addition, CPT plans for HWCs must include the following:

Analysis of each feedstream
Approximate quantification of the HAPs in the feedstream
Description of waste blending procedures
Detailed engineering description of the HWC
Detailed description of sampling and monitoring frequency, and planned analytical procedures for sample analysis
Detailed test schedule
Detailed test protocol, including the ranges of hazardous waste feed rate
Planned operating conditions for any emissions control equipment to be used
Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction
Determination of the hazardous waste residence time
Continuously monitored or expected levels of regulated constituents in natural gas, process air, and other feedstreams
Documentation justifying the duration of system conditioning required to ensure the combustor has achieved steady-state operations under performance test operating conditions
Documentation of the temperature measurement location
Other source- and equipment-specific information

Confirmatory test plans must contain a detailed test schedule, test protocol, and descriptions of the following:

Normal hydrocarbon or carbon monoxide (CO) operating levels
Normal applicable operating parameter levels
Normal chlorine operating levels
Sampling and monitoring procedures
Detailed test schedule
Detailed test protocol, including the ranges of hazardous waste feed rate
Planned operating conditions for any emission control equipment to be used
Methods to rapidly stop the hazardous waste feed and to control emissions in the event of an equipment malfunction
Other source- and equipment-specific information

Notification of Compliance (NOC)

Upon completion of a CPT, an NOC must be submitted to EPA within 90 days confirming compliance or noncompliance with all the applicable emissions standards and stating the established operating parameters. The NOC must include the results of the onetime dioxin/furan emissions test with the results of the initial CPT. The facility must comply with the established operating parameters in the NOC from the date it is postmarked.

An NOC must also be submitted to EPA within 90 days of completing a confirmatory test. The notice must state whether the source was able to comply with the applicable dioxin/furan emissions standard.

COMPLIANCE DEADLINES

Phase II Standards

40 CFR 63.1206 and 40 CFR 63.1216 to 63.1218

The Phase II standards are applicable to solid fuel boilers, liquid fuel boilers, and hydrogen chloride production furnaces that burn hazardous waste. For the purposes of the Phase II standards, a "new" source is defined as any solid fuel boiler, liquid fuel boiler, or hydrogen chloride production furnace burning hazardous waste that commenced construction or reconstruction after October 12, 2005. All others are "existing" sources. Existing sources were required to be in compliance by October 14, 2008. New sources that were not already in compliance on October 12, 2005, must be in compliance on the date the source starts operations.

Phase I Replacement Standards

40 CFR 63.1206 and 40 CFR 63.1219 to 63.1221

The Phase I replacement standards are applicable to incinerators, cement kilns, and lightweight aggregate kilns that burn hazardous waste. For the purposes of the Phase I replacement standards, a "new" source is defined as any hazardous waste incinerator, cement kiln, or lightweight aggregate kiln that commenced construction or reconstruction after April 20, 2004. All others are "existing" sources. Existing sources were required to be in compliance by October 14, 2008. New sources that were not already in compliance on October 12, 2005, must be in compliance on the date the source starts operations.

Documenting Compliance

40 CFR 63.1211(c)

By the appropriate compliance date, applicable sources had to develop and include in the operating record a Documentation of Compliance (DOC). The DOC must identify the applicable emissions standards and limits on the operating parameters that will ensure compliance with those emissions standards, as well as a signed and dated certification confirming that:

Required CEMS and CMSs are installed, calibrated, and continuously operating in compliance with the requirements.
The facility is in compliance with the emissions standards and the limits on the operating parameters ensure continued compliance, based on an engineering evaluation prepared under direction or supervision of the person signing the DOC in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation.

Exception. Facilities were not required to include a DOC in the operating record if an NOC was submitted before the appropriate compliance date.

Extensions

40 CFR 63.1213

Facilities were able to request from EPA, or a state with an approved Title V program, an extension of the compliance date of up to 1 year. An extension may have been granted if the facility could reasonably document that the installation of pollution prevention or waste minimization measures would significantly reduce the amount and/or toxicity of hazardous wastes entering the feedstream(s) of the hazardous waste combustor(s) and that the facility could not install the necessary control measures and comply with the emissions standards and operating requirements by the compliance date.

RECORDKEEPING REQUIREMENTS

40 CFR 63.1211

The records required to be retained will vary depending on the type of HWC being operated, but will include all information required to document and maintain compliance with the applicable requirements of the HWC MACT, including data recorded by continuous monitoring systems (CMSs), and copies of all notifications, reports, plans, and other documents submitted to the appropriate regulatory authority.

BIFs Regulated by RCRA

WHO IS COVERED?

40 CFR 266.100 and 40 CFR 260.10

The RCRA BIF rules apply to industrial furnaces and boilers that burn or process hazardous waste for any purpose. This includes burning for energy recovery or destruction, processing for material(s) recovery, or as a process ingredient.

Boilers. EPA defines a "boiler" as an enclosed device that uses controlled flame combustion to recover and export thermal energy in the form of steam, heated gases, or heated fluids, provided it has the following characteristics:

Boilers must have a combustion chamber and an integral primary energy recovery system. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit.
The energy recovery system must maintain a thermal energy recovery efficiency of at least 60 percent.
The unit must export and use at least 75 percent of the recovered energy. No credit is given for recovered heat used internally.

EPA may, on a case-by-case basis, determine a unit to be a boiler even if it does not fit the definition. Such a determination will be based on consideration of the factors listed at 40 CFR 260.32.

Industrial furnaces. EPA defines "industrial furnaces" as enclosed devices that are integral components of manufacturing processes and use thermal treatment for the recovery of materials or energy. They include any of the following:

Cement kilns.
Lime kilns.
Aggregate kilns.
Phosphate kilns.
Coke ovens.
Blast furnaces.
Smelting, melting, and refining furnaces.
Titanium dioxide chloride process oxidation reactors.
Methane reforming furnaces.
Pulping liquor recovery furnaces.
Combustion devices used in the recovery of sulfur values from spent sulfuric acid.
Halogen acid furnaces (HAF). A HAF is a furnace for the production of acid from halogenated hazardous waste generated by chemical production facilities where:
—The furnace is on-site at a chemical plant.
—The acid product has a halogen acid content of at least 3 percent.
—The acid product is used in a manufacturing process.
—Except for hazardous waste burned as a fuel, hazardous waste fed to the furnace has a minimum halogen content of 20 percent as generated.

EPA may add other devices to the list based on one or more of the factors listed at 40 CFR 260.10.

After MACT Applicability

As a result of the HWC MACT being finalized, the BIF requirements of RCRA neither apply to a new BIF that becomes subject to RCRA permit requirements after October 12, 2005, nor do they apply to any existing BIF after the unit has demonstrated compliance with the HWC MACT by conducting a comprehensive performance test and submitting an NOC to EPA. However, even after demonstration of compliance with the MACT standards, RCRA permit conditions will continue to be in effect until they are removed from the permit, or the permit is terminated or revoked. Regardless of whether a MACT compliance demonstration has been conducted, the following standards continue to apply:

Upon request of the source, requirements to minimize releases during start-up, shutdown, and malfunction events, including releases from emergency safety vents.
At closure, all hazardous waste and hazardous waste residues be removed from the BIF, including, but not limited to, ash, scrubber waters, and scrubber sludges.
Standards addressing direct transfer. See Direct Transfer Rules in this section.
Standards addressing residues. See Residues in this section.
Standards addressing applicable requirements of 40 CFR 264, Subparts A to H, BB, and CC and 40 CFR 265, Subparts A to H, BB, and CC.
For boilers and hydrochloric acid production furnaces that are area sources that opt not to comply with emissions standards under 40 CFR 63.1216, 40 CFR 63.1217, and 40 CFR 63.1218 for particulate matter, semivolatile and low-volatile metals, and total chlorine:
—The applicable requirements under 40 CFR 266.105 for controlling particulate matter emissions
—The applicable requirements under 40 CFR 266.106 for controlling metals emissions, except for mercury
—The applicable requirements under 40 CFR 266.107 for controlling hydrogen chloride and chlorine gas emissions.
For boilers that elect to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 40 CFR 63.1217(e), the applicable requirements under 40 CFR 266.105 for controlling particulate matter emissions.

Exemptions

40 CFR 266.100 and 40 CFR 266.108

Complete RCRA exemptions. The following boilers or industrial furnaces are exempt from the BIF rules:

Units burning used oil for energy recovery and subject to regulation under 40 CFR 279.
Units burning gas from hazardous or solid waste landfills for energy recovery.
Units burning hazardous wastes exempted under 40 CFR 261.4 (solid waste exclusions) and 40 CFR 261.6(a)(3)(iii) and (iv) (recycling exemptions for reclaiming precious metal and spent lead-acid batteries). See the national section HAZWASTE DETERMINATION (CLASSIFICATION) for more information.
Units burning hazardous wastes from conditionally exempt small quantity generators under 40 CFR 261.5.
Coke ovens burning only K087 (decanter tank tar sludge from coking operations).

Conditional exemption for metal recovery furnaces or mercury recovery furnaces. Metal recovery furnaces or mercury recovery furnaces must submit a one-time written notice to EPA indicating:

The source's intention to claim an exemption.
The hazardous waste is burned solely for metal recovery.
—Hazardous waste with a total concentration of organic compounds listed in Appendix VIII to 40 CFR 261 that exceeds 500 parts per million (ppm) by weight, as-fired, is considered to be burned for destruction, not burned solely for metal recovery.
—Hazardous waste with a heating value of 5,000 British thermal units per pound (Btu/lb) or more, as-fired, is considered to be burned as fuel, not burned solely for metal recovery.
The hazardous waste contains recoverable levels of metals.
The source will comply with the applicable sampling and analysis and recordkeeping requirements.
—Sampling and analysis of the hazardous waste and other feedstocks must be conducted as necessary to document compliance with the provision of this exemption.
—Records necessary to document compliance with the provision of this exemption must be maintained on-site for at least 3 years.

This conditional exemption does not apply to:

Lead or nickel-chromium recovery furnaces
Metal recovery furnaces that burn baghouse bags used to capture metallic dusts emitted by steel manufacturing
Lead recovery furnaces that are subject to regulation under the secondary lead smelting NESHAP

Conditional exemption for lead, nickel-chromium, or mercury recovery furnaces, and metal recovery furnaces burning baghouse bags. Lead, nickel-chromium, or mercury recovery furnaces, and metal recovery furnaces burning baghouse bags used to collect metallic dusts emitted in steel manufacturing must submit a one-time written notice to EPA. The notice must identify each hazardous waste burned, indicate whether the source is claiming exemption for each waste under this conditional exemption or the aforementioned conditional exemption for metal recovery furnaces or mercury recovery furnaces, and indicate that:

The hazardous waste is burned solely for metal recovery.
The hazardous waste contains recoverable levels of metals.
The sampling and analysis is being conducted as required.

The hazardous wastes listed in Appendices XI, XII, and XIII to 40 CFR 266, and baghouse bags used to capture metallic dusts emitted by steel manufacturing, are exempt provided that:

Wastes listed in Appendix IX to 40 CFR 266 contain recoverable levels of lead and less than 500 ppm of organic constituents listed in Appendix VIII of 40 CFR 261.
Wastes listed in Appendix XII to 40 CFR 266 contain recoverable levels of nickel or chromium and less than 500 ppm of organic constituents listed in Appendix VIII of 40 CFR 261.
Wastes listed in Appendix XIII to 40 CFR 266 contain recoverable levels of mercury and less than 500 ppm of organic constituents listed in Appendix VIII of 40 CFR 261.
Baghouse bags used to capture metallic dusts emitted by steel manufacturing must contain recoverable levels of metal.
The wastes do not exhibit the toxicity characteristic specified under 40 CFR 261.24.
The wastes are not a hazardous waste listed under 40 CFR 261.30 to 261.38 because it is listed for an organic constituent as identified in Appendix VII of 40 CFR 261.
A one-time notice is submitted to EPA certifying that hazardous waste is burned in compliance with the conditions of the conditional exemption and that sampling and analysis is conducted or other information will be obtained as necessary to ensure continued compliance with the conditions of the conditional exemption:
—Sampling and analysis of the hazardous waste and other feedstocks must be conducted as necessary to document compliance with the provision of this exemption.
—Records necessary to document compliance with the provision of this exemption must be maintained on-site for at least 3 years.

This conditional exemption does not apply to lead recovery furnaces that are subject to regulation under the secondary lead smelting NESHAP.

Conditional exemption for precious metal recovery units. Smelting, melting, and refining furnaces that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, paladium, irridium, osmium, rhodium, or ruthenium, or any combination thereof, are conditionally exempt from RCRA BIF requirements, provided:

A one-time written notice indicating the following is submitted to EPA:
—The source is claiming this conditional exemption.
—The hazardous waste is burned for legitimate recovery of precious metal.
—The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this conditional exemption.
The hazardous waste is sampled and analyzed as necessary to document that the waste is burned for recovery of economically significant amounts of precious metal and that the treatment recovers economically significant amounts of precious metal.
Records necessary to document compliance with the provision of this exemption must be maintained on-site for at least 3 years.

Conditional exemption for small quantity burners. Owners and operators of facilities that burn "small quantities" of hazardous waste in an on-site boiler or industrial furnace may be exempt from the BIF rules. To qualify as a small quantity burner, the unit may not burn:

More than 1 percent hazardous waste compared to its total fuel requirements.
Hazardous waste having a heating value less than 5,000 Btu/lb.
Hazardous waste fuel containing or derived from any of the following dioxin-listed wastes: F020, F021, F022, F023, F026, and F027. See the national section LISTED WASTES for more information.

The amount a small quantity BIF may burn ranges from 0 to 1,900 gallons of hazardous waste per month, depending on the stack height and surrounding terrain. To claim the exemption, a one-time notification must be submitted stating compliance with the conditions of the exemption and the maximum amount of hazardous waste the source will burn in a month. Records of compliance must be maintained for a period of at least 3 years.

PERMITS

40 CFR 266.102, 40 CFR 270.22, and 40 CFR 270.66

New BIFs must apply for a RCRA permit (unless exempt). See the national section TSDF PERMITS for general permit requirements. In addition to the general rules, there are specific Part B permit requirements for BIFs at 40 CFR 270.22 and 40 CFR 270.66.

Sources that were in existence on or before August 21, 1991, were required to submit a Part A permit application for interim-status permit. Until EPA calls for the facility's Part B permit application, interim-status BIFs must comply with the requirements at 40 CFR 266.103 and the emissions standards.

Since the deadline for interim status has passed, all BIFs that are still operating under interim status should be in compliance and should have submitted their certification of compliance.

New and existing BIFs may also have to apply for a New Source Review air construction permit and a Title V operating permit or a state operating permit. See the national sections NEW SOURCE REVIEW and TITLE V for air permit information.

Permit Process

40 CFR 266.102(d)

The permit establishes the parameters for the hazardous waste listed on the permit application. Hazardous wastes may be burned only if they are both specified in the permit and burned under the operating conditions stated. A new permit or a permit modification is required to establish new operating conditions for the burning of other hazardous wastes.

The purpose of the permit is to establish operating conditions that will ensure the protection of human health and the environment. The permit process consists of the following phases:

Pretrial burn. The pretrial burn allows the unit to come up to operational readiness.
Trial burn. Once the unit is operationally ready, trial burns are made to establish operating conditions and measure air emissions. If emissions rates are too high, changes are made so the unit will operate safely and efficiently. The data will establish the day-to-day operating conditions.
Posttrial burn. The posttrial burn is the period of time when EPA evaluates the data to confirm the unit is in compliance with all performance standards.
Final permit. After reviewing all the trial burn data, EPA will modify the permit conditions as needed and will issue final operating procedures. The unit must be managed in accordance with the conditions as described in the permit. Changes to the unit must be preapproved by EPA through a permit modification.

MANAGEMENT BEFORE BURNING

40 CFR 266.101 and 40 CFR 262 to 265

Generators and transporters. Generators and transporters of hazardous waste burned in industrial furnaces and boilers must comply with the hazardous waste generator and transporter rules, including all manifest requirements. See the national sections GENERATORS, MANIFESTS, and TRANSPORTER RESPONSIBILITIES for more information.

Storage facilities. Facilities storing hazardous waste to be burned in an industrial furnace or boiler are subject to the general standards for hazardous waste TSDFs, including the permitting rules. See the national sections TSDF PERMITS and TSDF RESPONSIBILITIES for details.

The storage of mixtures of hazardous waste and the primary fuel in tanks that feed the fuel mixture directly to the burner by small quantity burners is exempt from the TSDF rules. To be exempt, the waste must be generated and burned on-site.

OPERATING STANDARDS

40 CFR 266.102

Owners and operators of industrial furnaces and boilers must comply with the following:

Provide a hazardous waste analysis identifying the type and quantity of hazardous constituents expected in the waste.
Minimize fugitive emissions by maintaining a negative pressure combustion zone or totally sealing the combustion chamber.
Equip the industrial furnace or boiler with an automatic waste feed cutoff system.
Conduct monitoring and inspections and record permit-specified data.
Maintain all data in the facility operating record until closure.
Stop burning hazardous waste if operation deviates from the conditions specified in the permit.
Comply with the standards for TSDFs.

For more information, see the national section TSDF RESPONSIBILITIES.

Direct Transfer Rules

40 CFR 266.111

The BIF rules contain special requirements for the direct transfer of hazardous waste from a transport vehicle to a boiler or industrial furnace without a storage unit. The rules include provisions for:

General operation
Areas where direct transfer vehicles are located
Direct transfer equipment requirements
Secondary containment requirements
Inspections and recordkeeping
Design and installation of ancillary equipment
Leak and spill response
Closure requirements

Residues

40 CFR 266.112

EPA considers anything derived from a hazardous waste to be a hazardous waste. Therefore, any residues generated from burning hazardous waste in a BIF would be considered a hazardous waste.

Waste-derived residue must be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic substances that are higher than the health-based levels.

Records sufficient to document compliance with waste handling regulations and exceptions must be retained until closure of the boiler or industrial furnace. Upon closure, all hazardous waste and hazardous waste residues must be removed from the boiler or industrial furnace. This includes ash, scrubber waters, and scrubber sludges.

Exceptions. Residues from the burning of hazardous waste are excluded from the definition of a hazardous waste provided the following requirements are satisfied:

Boilers must burn at least 50 percent coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal.
Industrial furnaces must process at least 50 percent by weight of normal, nonhazardous raw materials.
Cement kilns must process at least 50 percent by weight of normal cement-production raw materials.
It is demonstrated that the hazardous waste does not "significantly affect" the residue.

"Significantly affect" is defined by either of the following standards:

Comparison of hazardous waste-derived residue with a normal residue. The hazardous waste residue must not contain any toxic constituents, as listed in 40 CFR 261, Appendix VIII, at concentrations higher than the concentrations generated by processing a nonhazardous waste.
Comparison of waste-derived residue toxic constituent concentrations with health-based limits.

EMISSIONS LIMITS

40 CFR 266.104 to 266.107

Industrial furnaces and boilers burning hazardous waste are subject to extensive rules controlling the emissions of toxic organic compounds, toxic metals, hydrogen chloride, chlorine gas, and particulate matter. The emissions standards and the appendices following the BIF rules should be reviewed for technical details.

DRE standard. The primary measure of a BIF's organic emissions is the DRE of all hazardous organic constituents in the waste feed. The DRE standard for BIFs is 99.9999 percent for dioxin-listed wastes (F020, F021, F022, F023, F026, and F027) and 99.99 percent for all other hazardous wastes. EPA must be notified if dioxin-listed wastes are intended to be burned.

CO standard. The stack gas concentration of CO from an industrial furnace or boiler is also subject to limitations. One purpose of these limitations is to control emissions of products of incomplete combustion (PIC). PICs are incompletely burned organic compounds that indicate poor combustion conditions and are believed to pose health risks. CO is formed by the decomposition of PICs. When CO is low, PIC emissions are low.

BIFs must maintain rolling hourly average CO levels at or below 100 parts per million on a dry volume basis (ppmdv) corrected to 7 percent oxygen, or may determine the level of CO during the trial burn when hydrocarbon levels are no more than 20 ppmdv corrected to 7 percent oxygen.

Dioxins and furans. Emissions testing and health-risk assessment are required for certain facilities that have, or may have, significant emissions of chlorinated dioxins and furans.

Metal emissions. The rules also include emissions limits for 10 toxic metals based on projected inhalation health risks. These limits apply to the carcinogenic metals arsenic, beryllium, cadmium, and chromium, as well as the noncarcinogenic metals antimony, barium, lead, mercury, silver, and thallium. Metal emissions from BIFs may be monitored in the waste before burning, at the stack, or in the ambient air surrounding the unit. In some cases, a combination of these methods may be used if approved by the permitting agency.

Particulate emissions. Particulate emissions are limited to 0.08 grains per dry standard cubic foot corrected to 7 percent oxygen. This is the same standard that applies to hazardous waste incinerators.

Hydrogen chloride and chlorine gas emissions. Hydrogen chloride and chlorine gas emissions are also limited based on stack testing and air dispersion modeling. The modeling is used to predict the maximum off-site ground-level concentration of the pollutants and to verify that acceptable ambient concentrations are not exceeded.

Tables

CROSS-REFERENCE

Air (Regulatory Overview)	New Source Review
Air Emissions Permits	RCRA
Closure and Post-Closure Plans	Title V
Hazardous Air Pollutants	TSDF Permits
Hazwaste Determination (Classification)	TSDF Responsibilities
Incineration of Wastes	Used Oil Management

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Related Topics:

National

Governing Law and Regulations

Boiler and process heater Maximum Achievable Control Technology (MACT) for major sources:

Applicability: 40 CFR 63.7480 to 63.7495 and 40 CFR 63.7499

Emissions standards: 40 CFR 63.7500, 40 CFR 63.7522, 40 CFR 63 Subpart DDDDD Table 1 to Table 3, and 40 CFR 63 Subpart DDDDD Table 11 to Table 13

Operating requirements: 40 CFR 63.7500, 40 CFR 63 Subpart DDDDD Table 3, 40 CFR 63 Subpart DDDDD Table 4, and 40 CFR 63 Subpart DDDDD Table 7

Compliance demonstration and testing: 40 CFR 63.7505 to 63.7541 and 40 CFR 63 Subpart DDDDD Table 5 to Table 8

Notification, recordkeeping, and reporting: 40 CFR 63.7501(b), 40 CFR 63.7545, 40 CFR 63.7550, 40 CFR 63.7555, and 40 CFR 63 Subpart DDDDD Table 8

Boiler MACT for area sources:

Applicability: 40 CFR 63.11193 to 63.11196

Emissions standards: 40 CFR 63.11200, 40 CFR 63.11201, and 40 CFR 63 Subpart JJJJJJ Table 1

Operating requirements: 40 CFR 63.11201, 40 CFR 63.11205, 40 CFR 63.11237, 40 CFR 63 Subpart JJJJJJ Table 2, and 40 CFR 63 Subpart JJJJJJ Table 3

Compliance demonstration and testing: 40 CFR 63.11205 to 63.11226

Notification, recordkeeping, and reporting: 40 CFR 63.11225

New Source Performance Standards (NSPS) for industrial/

commercial/institutional boilers: 40 CFR 60.40b to 60.49b and 40 CFR 60.40c to 60.48c

National Emissions Standards for Hazardous Air Pollutants (NESHAP) from hazardous waste combustors: 40 CFR 63.1200 to 63.1221

Who is covered?: 40 CFR 63.1200

Notification requirements: 40 CFR 63.9, 40 CFR 63.1210, and 40 CFR 63.1212

Permits: 40 CFR 63.1200

Operating standards: 40 CFR 63.1206

Emissions standards: 40 CFR 63.1203 to 63.1205 and 40 CFR 63.1216 to 63.1221

Testing requirements: 40 CFR 63.1207 and 40 CFR 63.1210

Compliance deadlines: 40 CFR 63.1206, 40 CFR 63.1211(c), 40 CFR 63.1213, 40 CFR 63.1216 to 63.1218, and 40 CFR 63.1219 to 63.1221

Hazardous waste burned in boilers and industrial furnaces: 40 CFR 266.100 to 266.112

Who is covered?: 40 CFR 266.100, 40 CFR 266.108, and 40 CFR 260.10

Permits: 40 CFR 266.102, 40 CFR 270.22, and 40 CFR 270.66

Management before burning: 40 CFR 266.101 and 40 CFR 262 to 265

Operating standards: 40 CFR 266.102, 40 CFR 266.111, and 40 CFR 266.112

Emissions limits: 40 CFR 266.104 to 266.107

Regulatory Agency

U.S. Environmental Protection Agency (EPA)
Office of Air and Radiation

EPA
Office of Solid Waste

Boilers and Industrial Furnaces Overview

BOILERS

HAZARDOUS WASTE COMBUSTION

Energy Recovery vs. Incineration

Boiler and Process Heater MACT for Major Sources

APPLICABILITY

40 CFR 63.7480 to 63.7495

Industrial boiler. An industrial boiler is a boiler used in manufacturing, processing, mining, and refining or any other industry to provide steam, hot water, and/or electricity.
Commercial or institutional boiler. A commercial or institutional boiler is a boiler used in commercial establishments or institutional establishments, such as medical centers, nursing homes, research centers, institutions of higher education, elementary and secondary schools, libraries, religious establishments, governmental buildings, hotels, restaurants, and laundries, to provide electricity, steam, and/or hot water.
Process heater. A process heater is an enclosed device using controlled flame—that is not a boiler—with a primary purpose of transferring heat indirectly to a process material or to a heat transfer material for use in a process unit instead of generating steam. Process heaters are devices in which the combustion gases do not directly come in contact with process materials. Process heaters do not include units used for comfort heat or space heat, food preparation for on-site consumption, or autoclaves. Waste heat process heaters are excluded from the definition of process heater, and devices combusting solid waste are not process heaters unless exempt from the definition of solid waste incineration unit under 42 USC 7429(g)(1).

Emissions from any oil or gas exploration or production well and its associated equipment and emissions from any pipeline compressor station or pump station must not be aggregated with emissions from other similar units to determine major source status, even when emissions points are in a contiguous area or under common control.
Emissions from processes, operations, or equipment that are not part of the same facility.
For facilities that are production field facilities, only HAP emissions from glycol dehydration units and storage vessels with the potential for flash emissions must be aggregated for a major source determination. For facilities that are not production field facilities, HAP emissions from all HAP emissions units must be aggregated for a major source determination.

Types of Boilers and Process Heaters

40 CFR 63.7499

The MACT standard establishes the following subcategories of boilers and process heaters:

Pulverized coal/solid fossil-fuel units.
Stokers designed to burn coal/solid fossil fuel.
Fluidized bed units designed to burn coal/solid fossil fuel.
Stokers/sloped grate/other units designed to burn kiln-dried biomass/biobased solids.
Fluidized bed units designed to burn biomass/biobased solids.
Suspension burners designed to burn biomass/biobased solids.
Fuel cells designed to burn biomass/biobased solids.
Hybrid suspension/grate burners designed to burn wet biomass/biobased solids.
Stokers/sloped grate/other units designed to burn wet biomass/biobased solids.
Dutch ovens/pile burners designed to burn biomass/biobased solids.
Units designed to burn liquid fuel that are noncontinental units. Such units include any industrial, commercial, or institutional boiler or process heater meeting the definition of "units designed to burn liquid fuel" located in the state of Hawaii, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern Mariana Islands.
Units designed to burn gas 1 fuels, which include any boiler or process heater that burns only natural gas, refinery gas, and/or other gas 1 fuels. Also included are:
—Gaseous fuel boilers and process heaters that burn liquid fuel for periodic testing of liquid fuel, maintenance, or operator training, not to exceed a combined total of 48 hours during any calendar year; and
—Gaseous fuel boilers and process heaters that burn liquid fuel during periods of gas curtailment or gas supply interruptions of any duration.
Units designed to burn gas 2 (i.e., anything other than gas 1) gases. Such units may burn gaseous fuels either alone or in combination with less than 10 percent coal/solid fossil fuel, less than 10 percent biomass/biobased solid fuel, and no liquid fuels on an annual heat input basis. Also included are:
—Gaseous fuel boilers and process heaters that are not in the unit designed to burn gas 1 subcategory and that burn liquid fuel for periodic testing of liquid fuel, maintenance, or operator training, not to exceed a combined total of 48 hours during any calendar year; and
—Gaseous fuel boilers and process heaters that are not in the unit designed to burn gas 1 subcategory and that burn liquid fuel during periods of gas curtailment or gas supply interruption of any duration.
Metal process furnaces, including natural-gas-fired annealing furnaces, preheat furnaces, reheat furnaces, aging furnaces, heat treat furnaces, and homogenizing furnaces.
Limited-use boilers and process heaters. Such units burn any amount of solid, liquid, or gaseous fuels and have a federally enforceable average annual capacity factor of no more than 10 percent.
Units designed to burn solid fuel. Such units burn any solid fuel alone or at least 10 percent solid fuel on an annual heat input basis in combination with liquid fuels or gaseous fuels.
Units designed to burn liquid fuel. Such units burn any liquid fuel, but less than 10 percent coal/solid fossil fuel and less than 10 percent biomass/biobased solid fuel on an annual heat input basis, either alone or in combination with gaseous fuels.
Units designed to burn coal/solid fossil fuel.
Fluidized bed units with an integrated fluidized bed heat exchanger designed to burn coal/solid fossil fuel.
Units designed to burn heavy liquid fuel, meaning at least 10 percent of the heat input from liquid fuels on an annual heat input basis comes from heavy liquids, such as residual oil and any other liquid fuel not classified as a light liquid.
Units designed to burn light liquid fuel, such as distillate oil, biodiesel, or vegetable oil.

Wood residue
Wood products, such as trees, tree stumps, tree limbs, bark, lumber, sawdust, sander dust, chips, scraps, slabs, millings, and shavings
Animal manure, including litter and other bedding materials
Vegetative agricultural and silvicultural materials, such as logging residues (slash), nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, and coffee bean hulls and grounds

Exemptions

40 CFR 63.7491

The following types of boilers and process heaters are not subject to the boiler and process heater MACT for major sources:

EGUs subject to 40 CFR 63.9980 to 63.10042, Subpart UUUUU: National Emissions Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units, or a natural gas-fired EGU, as defined in Subpart UUUUU, that fires at least 85 percent natural gas on an annual heat Input basis.
Recovery boilers or furnaces covered by 40 CFR 63.860 to 63.868, Subpart MM—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills.
Boilers or process heaters that are used specifically for research and development, including test steam boilers used to provide steam for testing the propulsion systems on military vessels. This does not include units that provide heat or steam to a process at a research and development facility.
Hot water heaters, which are a closed vessel with a capacity of no more than 120 U.S. gallons in which water is heated by combustion of gaseous, liquid, or biomass/biobased solid fuel and is withdrawn for use externally to the vessel. Hot water boilers combusting gaseous, liquid, or biomass fuel with a heat input capacity less than 1.6 (British thermal units per hour) MMBtu/hr are included in this definition. Hot water heater also means a tankless unit that provides on-demand hot water.
Refining kettles covered by 40 CFR 63.541 to 63.551, Subpart X—National Emissions Standards for Hazardous Air Pollutants from Secondary Lead Smelting.
Ethylene cracking furnaces covered by 40 CFR 63.1100 to 63.1114, Subpart YY—National Emissions Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards.
Blast furnace stoves as described in EPA publication EPA-453/R-01-005.
Boilers or process heaters that are part of the affected source subject to another NESHAP under 40 CFR 63.
Boilers or process heaters that are used as a control device to comply with another standard under 40 CFR 60, 40 CFR 61, 40 CFR 63, or 40 CFR 65, provided that at least 50 percent of the heat input during any 3 consecutive calendar years to the boiler is provided by the gas stream that is regulated under another NESHAP.
Temporary boilers and process heaters. Temporary boilers include any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one location to another by means of, for example, wheels, skids, carrying handles, dollies, trailers, or platforms. A boiler is not a temporary boiler if any one of the following conditions exists:
—The equipment is attached to a foundation.
—The boiler or a replacement remains at a location within the facility and performs the same or similar function for more than 12 consecutive months, unless the appropriate regulatory authority grants an extension. Any temporary boiler that replaces a temporary boiler at a location and performs the same or similar function will be included in calculating the consecutive time period.
—The equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for at least 3 months each year.
—The equipment is moved from one location to another in an attempt to circumvent the residence time requirements of this definition.
Blast furnace gas-fuel-fired boilers and process heaters, which are defined as industrial/commercial/institutional boilers or process heaters that receive 90 percent or more of their total annual gas volume from blast furnace gas.
Boilers or process heaters specifically listed as an affected source in any NSPS or emissions guidelines established under Section 129 of the Clean Air Act (CAA) dealing with solid waste combustion.
Boilers that burn hazardous waste covered by 40 CFR 63.1200 to 63.1221, Subpart EEE: National Emissions Standards for Hazardous Air Pollutants from Hazardous Waste Combustors (aka, the HWC MACT). See HWCs Regulated by the CAA and BIFs Regulated by RCRA in this section for more information.
Residential boilers used to provide heat and/or hot water and/or as part of a residential combined heat and power system. Included are boilers located at an institutional facility or commercial/industrial facility used primarily to provide heat and/or hot water for the following:
—A dwelling containing four or fewer families; or
—A single unit residence that has since been converted or subdivided into condominiums or apartments.

Compliance Deadlines

40 CFR 63.7495

Applicable sources must be in compliance with requirements of the boiler and process heater MACT for major sources by the following deadlines:

New or reconstructed boilers or process heaters: April 1, 2013, or upon start-up, whichever is later.
Existing boilers or process heaters: January 31, 2016.
New or reconstructed boilers or process heaters located at an existing source that increases its potential HAP emissions above major source thresholds: Upon start-up.
Existing boilers or process heaters located at an existing source that increases its potential HAP emissions above major source thresholds: Within 3 years after the source becomes a major source of HAP.
Industrial, commercial, or institutional boilers or process heaters that would be subject to these requirements except for the aforementioned exemption for units covered by an NSPS or emissions guideline dealing with solid waste combustion, and the unit ceases combusting solid waste: Such sources must comply with these requirements and are no longer subject to 40 CFR 60, Subpart CCCC or Subpart DDDD for commercial and industrial solid waste incineration beginning on the effective date of the switch as identified under 40 CFR 60.2145(a)(2) and (3) or 40 CFR 60.2710(a)(2) and (3).
Existing EGUs that become subject to these requirements after January 31, 2016: On the effective date the unit becomes subject to these requirements.
Existing industrial, commercial, or institutional boilers or process heaters that would be subject to this subpart except for the aforementioned exemption for use as a control device to comply with another standard under 40 CFR 60, 40 CFR 61, 40 CFR 63, or 40 CFR 65, that becomes subject to these requirements after January 31, 2013: Within 3 years after the unit becomes subject to these requirements.
Existing industrial, commercial, or institutional boilers or process heaters that have switched fuels or made a physical change to the boilers or process heaters that resulted in the applicability of a different subcategory after the compliance date must be in compliance with the applicable existing source provisions: On the effective date of the fuel switch or physical change.
New industrial, commercial, or institutional boilers or process heaters that have switched fuels or made a physical change to the boiler or process heater that resulted in the applicability of a different subcategory must be in compliance with the applicable new source provisions: On the effective date of the fuel switch or physical change.

EMISSIONS STANDARDS

Emissions Limits

40 CFR 63.7500, 40 CFR 63.7522, 40 CFR 63, Subpart DDDDD Table 1 to Table 3, and 40 CFR 63, Subpart DDDDD Table 11 to Table 13

Mercury
Carbon monoxide
Hydrochloric acid
Particulate matter

For access to copies of the applicable emissions limits, go to Tables in this section.

Applicable sources may comply with the emissions limits in Tables 11 to 13 until January 31, 2016, after which such sources must comply with the emissions limits in Table 1.

OPERATING REQUIREMENTS

40 CFR 63.7500, 40 CFR 63 Subpart DDDDD Table 3, 40 CFR 63, Subpart DDDDD Table 4, and 40 CFR 63, Subpart DDDDD Table 7

Tune-ups. Applicable boilers must receive tune-ups as follows:

Every 5 years for new or existing boiler or process heater with either a continuous oxygen trim system that maintains an optimum air-to-fuel ratio, or a heat input of less than or equal to 5 MMBtu/hr in any of the following:
—Units designed to burn gas 1;
—Units designed to burn gas 2 (other);
—Units designed to burn light liquid; and
—Limited-use boiler or process heater.
Biennially for new or existing boiler or process heater without a continuous oxygen trim system and with a heat input of less than 10 MMBtu/hr in any of the following:
—Units designed to burn heavy liquid; or
—Units designed to burn solid fuel.
Biennially for new or existing boiler or process heater with a heat input of greater than 5 MMBtu/hr but less than 10 MMBtu/hr in any of the following:
—Units designed to burn gas 1;
—Units designed to burn gas 2 (other); and
—Units designed to burn light liquid.
Annually for new or existing boiler or process heater without a continuous oxygen trim system and with a heat input equal to or greater than 10 MMBtu/hr in any of the following for the corresponding pollutants:
—Units designed to burn gas 1 for all pollutants regulated under 40 CFR 63, Subpart DDDDD;
—Metal process furnaces for all pollutants regulated under 40 CFR 63, Subpart DDDDD; and
—All other subcategories for dioxins/furans.

A visual inspection of the boiler or process heater system;
An evaluation of operating characteristics of the boiler or process heater systems, specifications of energy-using systems, operating and maintenance procedures, and unusual operating constraints;
An inventory of major energy-use systems under the control of the owner or operator of the applicable boilers and/or process heaters that consume energy from the applicable boilers and/or process heaters;
A review of available architectural and engineering plans, facility operation and maintenance procedures and logs, and fuel usage;
A review of the facility's energy management practices and recommendations for improvements consistent with the definition of energy management practices;
A list of major energy conservation measures;
A list of the energy savings potential of the energy conservation measures identified; and
A comprehensive report detailing the ways to improve efficiency, the cost of specific improvements, benefits, and the time frame for recouping those investments.

Natural gas;
Synthetic natural gas;
Propane;
Distillate oil;
Syngas;
Ultra-low sulfur diesel;
Fuel-oil soaked rags;
Kerosene;
Hydrogen;
Paper;
Cardboard;
Refinery gas; or
Liquefied petroleum gas.

Limestone injection in fluidized bed combustion (FBC) boilers;
Dry scrubber;
Fabric filter;
Selective noncatalytic reduction (SNCR); and
Selective catalytic reduction (SCR).

In addition, applicable units must follow general MACT requirements for start-up and shutdown. See General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

COMPLIANCE DEMONSTRATION AND TESTING

40 CFR 63.7505 to 63.7541 and 40 CFR 63, Subpart DDDDD Table 3 to Table 8

A description of the installation of the CMS sampling probe or other interface at a measurement location representative of controlled exhaust emissions (e.g., on or downstream of the last control device);
Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems;
Performance evaluation procedures and acceptance criteria (e.g., calibrations, accuracy audits, analytical drift);
A description of ongoing operation and maintenance procedures;
A description of ongoing data quality assurance procedures; and
A description of ongoing recordkeeping and reporting procedures.

For additional guidance on monitoring plans, see General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Initial compliance demonstrations must be conducted as follows:

Existing sources must complete the:
—Initial emissions compliance demonstration no later than 180 days after the appropriate compliance date; and
—Initial tune-up and energy assessment by the compliance date.
New or reconstructed sources must:
—Complete the initial emissions compliance demonstration no later than July 30, 2013, or within 180 days after start-up of the source, whichever is later.
—If complying with the emissions limits in Tables 11 to 13 of 40 CFR 63, Subpart DDDDD, complete the initial emissions compliance with the emissions limits in Table 1 to 40 CFR 63, Subpart DDDDD no later than until July 29, 2016.
—Complete the initial annual, biennial, or 5-year tune-up no later than 13 months, 25 months, or 61 months, respectively, after the initial start-up.
Applicable boilers that cease burning solid waste and the initial compliance date has passed must complete an initial compliance demonstration within 60 days of the effective date of the waste-to-fuel switch.
Existing EGUs that become subject to 40 CFR 63, Subpart DDDDD after January 31, 2016, must conduct a compliance demonstration within 180 days after becoming subject to 40 CFR 63, Subpart DDDDD.
Existing sources that have not operated between the effective date of the rule and the appropriate compliance date that are subject to the emissions limits in Table 2 to 40 CFR 63, Subpart DDDDD must complete the:
—Initial emissions compliance demonstration no later than 180 days after restart; and
—Initial tune-up no later than 30 days after restart.
Sources that switch subcategories after the initial compliance date must demonstrate compliance within 60 days of the switch unless a previous compliance demonstration for this subcategory has been conducted within the previous 12 months.

For additional guidance on performance testing, see General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Subsequent tune-ups must be conducted within the following time frames:

Annual tune-up: no more than 13 months after the previous tune-up;
Biennial tune-up: no more than 25 months after the previous tune-up; and
5-year tune-up: no more than 61 months after the previous tune-up.

NOTIFICATION, RECORDKEEPING, AND REPORTING

Notifications

40 CFR 63.7545

A description of the source, including identification of the appropriate subcategory, design heat input capacity, a description of the add-on controls, a description of the fuel(s) burned, and justification for the selection of fuel(s) burned during the compliance demonstration.
Summary of the results of all performance tests and fuel analyses, and calculations conducted to demonstrate initial compliance, including all established operating limits.
A summary of the maximum carbon monoxide emissions levels recorded during the performance test to demonstrate compliance with applicable emissions standards.
Identification of whether the source plans to demonstrate compliance with each applicable emissions limit through performance testing, CEMSs, or fuel analysis.
Identification of whether the source plans to demonstrate compliance by emissions averaging and identification of whether the source plans to demonstrate compliance by using emissions credits through energy conservation.
A signed certification that the source has met all applicable emissions limits and work practice standards.
If the source had a deviation from any emissions limit, work practice standard, or operating limit, the source must also submit a description of the deviation, the duration of the deviation, and the corrective action taken.
The following certification(s) of compliance, as applicable, and signed by a responsible official:
—"This facility completed the required initial tune-up for all boilers and process heaters covered by 40 CFR 63, Subpart DDDDD at this site according to the procedures in 40 CFR 63.7540(a)(10)(i) through (vi)."
—"This facility has had an energy assessment performed according to 40 CFR 63.7530(e)."
—Except for units that burn only natural gas, refinery gas, or other gas 1 fuel, or units that qualify for a statutory exemption as provided in Section 129(g)(1) of the Clean Air Act, include the following: "No secondary materials that are solid waste were combusted in any affected unit."

Recordkeeping

40 CFR 63.7555 and 40 CFR 63, Subpart DDDDD Table 8

In general, applicable sources must maintain records to demonstrate compliance with all applicable requirements, including:

A copy of each notification and report submitted to the appropriate regulatory authority, along with any supporting documentation.
Records of performance tests, fuel analyses, or other compliance demonstrations and performance evaluations.
For units in the limited use subcategory, a copy of the federally enforceable permit that limits the annual capacity factor to less than or equal to 10 percent and fuel use records for the days the boiler or process heater was operating
CEMSs, continuous opacity monitoring systems (COMSs), and CMS data.
Records necessary to demonstrate compliance with applicable emissions limits, including fuel use, hours of operation, fuel analyses, occurrences and duration of each malfunction and actions to minimize emissions, startups and shutdowns, and any supporting calculations.
Records required in Table 8 to 40 CFR 63, Subpart DDDDD. For access to a copy of the aforementioned table, go to Tables in this section.

All records must be maintained in accordance with the general MACT requirements. See General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

Reporting

40 CFR 63.7550

A compliance report must contain the information necessary to document compliance, depending on how the facility chooses to comply with the applicable limits.

Boiler MACT for Area Sources

APPLICABILITY

40 CFR 63.11193 to 63.11196

Industrial boiler. An industrial boiler is a boiler used in manufacturing, processing, mining, and refining, or any other industry, to provide steam, hot water, and/or electricity.
Commercial boiler. A commercial boiler is a boiler used in commercial establishments such as hotels, restaurants, and laundries to provide electricity, steam, and/or hot water.
Institutional boiler. An institutional boiler is a boiler used in institutional establishments, such as, but not limited to, medical centers, nursing homes, research centers, institutions of higher education, elementary and secondary schools, libraries, religious establishments, and governmental buildings, to provide electricity, steam, and/or hot water.

Types of Boilers

40 CFR 63.11200

The MACT standard establishes the following subcategories of boilers:

Coal-fired boilers, which includes any boiler that burns any solid fossil fuel and no more than 15 percent biomass on an annual heat input basis.
Biomass-fired boilers, which includes any boiler that burns biomass and is not in the coal-fired boiler subcategory.
Oil-fired boilers, which includes any boiler that burns any liquid fuel and is neither a biomass nor coal boiler. Gas-fired boilers that burn liquid fuel only during periods of gas curtailment, gas supply interruptions, start-ups, or for periodic testing are not included as an oil-fired boiler. Periodic testing on liquid fuel must not exceed 48 hours during any calendar year.
Seasonal boilers, which includes any boiler not otherwise included in the biomass or oil subcategory that shuts down for a period of at least 7 consecutive months each 12-month period due to seasonal conditions, except for periodic testing that must not exceed a combined total of 15 days during the shutdown.
Oil-fired boilers with a heat input capacity equal to or less than 5 million MMBtu/hr.
Boilers with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-up.
Limited-use boilers, which includes any boiler that burns any amount of solid or liquid fuels and has a federally enforceable average annual capacity factor of no more than 10 percent.

Exemptions

40 CFR 63.11195

The following types of boilers are not subject to the boiler MACT for area sources:

Boilers specifically listed as, or included in the definition of, an affected source in another MACT standard.
Boilers specifically listed as an affected source in any NSPS or emissions guidelines established under Section 129 of the CAA dealing with solid waste combustion.
Boilers required to have a permit under Section 3005 of the Solid Waste Disposal Act or covered by the HWC MACT.
Boilers or process heaters that are used specifically for research and development. This does not include units that provide heat or steam to a process at a research and development facility.
Gas-fired boilers, which includes any boiler that burns gaseous fuels not combined with any solid fuels or burns liquid fuel only during periods of gas curtailment, gas supply interruption, start-ups, or periodic testing on liquid fuel. Periodic testing of liquid fuel must not exceed a combined total of 48 hours during any calendar year.
Hot water heaters. A "hot water heater" is defined as a closed vessel with a capacity of no more than 120 U.S. gallons in which water is heated by combustion of gaseous, liquid, or biomass fuel and is withdrawn for use external to the vessel. Hot water boilers combusting gaseous, liquid, or biomass fuel with a heat input capacity less than 1.6 MMBtu/hr are included in this definition. Hot water heater also means a tankless unit that provides on-demand hot water.
Any boiler or process heater that is used as a control device to comply with the standard under 40 CFR 60, 40 CFR 61, or 40 CFR 63, provided that at least 50 percent of the heat input during any 3 consecutive calendar years to the boiler is provided by the gas stream that is regulated under another standard.
Temporary boilers, which includes any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one location to another by means of wheels, skids, carrying handles, dollies, trailers, or platforms. A boiler is not temporary if any one of the following conditions exists:
—The equipment is attached to a foundation;
—The boiler or a replacement remains at a location within the facility and performs the same or similar function for more than 12 consecutive months, unless the appropriate regulatory authority grants an extension;
—The equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for at least 3 months each year; or
—The equipment is moved from one location to another within the facility but continues to perform the same or similar function and serve the same electricity, steam, and/or hot water system in an attempt to circumvent the residence time requirements of a temporary boiler.
Residential boilers used to provide heat and/or hot water and/or as part of a residential combined heat and power system. Included are boilers located at an institutional facility or commercial/industrial facility used primarily to provide heat and/or hot water for the following:
—A dwelling containing four or fewer families; or
—A single unit residence that has since been converted or subdivided into condominiums or apartments.
Electric boilers in which electric heating serves as the source of heat, including electric boilers that burn gaseous or liquid fuel during periods of electrical power curtailment or failure.
Electric utility steam generating units.

Compliance Deadlines

40 CFR 63.11196

Applicable sources must be in compliance with requirements of the boiler MACT for area sources by the following deadlines:

New boiler: May 20, 2011, or upon start-up, whichever is later.
Existing boiler:
—If subject to a work practice or management practice standard of a tune-up: March 21, 2014
—If subject to emissions limits: March 21, 2014
—If subject to the energy assessment requirement: March 21, 2014

EMISSIONS STANDARDS

40 CFR 63.11201 and 40 CFR 63, Subpart JJJJJJ Table 1

The MACT standard establishes emissions limits for boilers that vary depending on the type and capacity of the unit. The pollutants regulated by the MACT standard include:

Mercury
Carbon monoxide
Particulate matter

For access to a copy of the emissions limits, go to Tables in this section.

OPERATING REQUIREMENTS

40 CFR 63.11201, 40 CFR 63.11205, 40 CFR 63.11237, 40 CFR 63, Subpart JJJJJJ Table 2, and 40 CFR 63, Subpart JJJJJJ Table 3

Tune-Up

Applicable boilers must receive tune-ups as follows, with all existing boilers also requiring an initial tune-up:

Coal-fired boilers with heat input capacity of less than 10 MMBtu/hr that are limited-use boilers, or use an oxygen trim system that maintains an optimum air-to-fuel ratio: Biennially
Oil-fired boilers with heat input capacity greater than 5 MMBtu/hr that are not seasonal boilers or limited-use boilers, or use an oxygen trim system that maintains an optimum air-to-fuel ratio: Biennially
Oil-fired boilers with heat input capacity equal to or less than 5 MMBtu/hr: Every 5 years
Biomass-fired boilers that are not seasonal boilers or limited-use boilers, or use an oxygen trim system that maintains an optimum air-to-fuel ratio: Biennially
Seasonal boilers: Every 5 years
Limited-use boilers: Every 5 years
Coal-fired, biomass-fired, or oil-fired boilers equipped with an oxygen trim system that maintains an optimum air-to-fuel ratio: Every 5 years

Energy Assessment

A visual inspection of the boiler system;
An evaluation of operating characteristics of the applicable boiler systems, specifications of energy-using systems, operating and maintenance procedures, and unusual operating constraints;
An inventory of major energy-use systems consuming energy from the applicable boiler and that are under the control of the boiler owner or operator;
A review of available architectural and engineering plans, facility operation and maintenance procedures and logs, and fuel usage;
A list of major energy conservation measures that are within the facility's control;
A list of the energy savings potential of the energy conservation measures identified; and
A comprehensive report detailing the ways to improve efficiency, the cost of specific improvements, benefits, and the time frame for recouping those investments.

The extent of the aforementioned energy assessment content will be appropriate for the scope of the assessment as follows:

For facilities with applicable boilers with less than 0.3 trillion Btu per year (TBtu/year) heat input capacity:
—The assessment is a maximum of 8 on-site technical labor hours, but may be longer at the owner's or operator's discretion; and
—The boiler systems and any on-site energy use systems accounting for at least 50 percent of the applicable boiler's energy production (e.g., steam, hot water, or electricity) must be evaluated to identify energy savings opportunities, within the limit of performing an 8-hour energy assessment.
For facilities with applicable boilers with 0.3 to 1.0 TBtu/year heat input capacity:
—The assessment is a maximum of 24 on-site technical labor hours, but may be longer at the owner's or operator's discretion; and
—The boiler systems and any on-site energy use systems accounting for at least 33 percent of the applicable boiler's energy production (e.g., steam, hot water, or electricity) must be evaluated to identify energy savings opportunities, within the limit of performing an 8-hour energy assessment.
For facilities with applicable boilers with greater than 1.0 TBtu/year heat input capacity:
—The assessment is up to 24 on-site technical labor hours for the first TBtu/hr plus 8 on-site technical labor hours for every additional 1.0 TBtu/hr not to exceed 160 on-site technical labor hours, but may be longer at the owner's or operator's discretion; and
—The boiler systems and any on-site energy use systems accounting for at least 20 percent of the applicable boiler's energy production (e.g., steam, hot water, or electricity) must be evaluated to identify energy savings opportunities.

Control Devices

For access to a copy of the table outlining the operating limits, go to Tables in this section.

Start-up and Shutdown

Definition of "start-up." "Start-up" is either:

The first-ever firing of fuel in a boiler for the purpose of supplying useful thermal energy (e.g., steam or hot water) for heating, and/or producing electricity, or for any other purpose; or for the firing of fuel in a boiler after a shutdown event for any purpose. Start-up ends when any of the useful thermal energy is supplied for heating and/or producing electricity or for any other purpose; or
The period in which operation of a boiler is initiated for any purpose. Start-up begins with either the first-ever firing of fuel in a boiler for the purpose of supplying useful thermal energy for heating, cooling or process purposes or producing electricity, or for the firing of fuel in a boiler for any purpose after a shutdown event. Start-up ends 4 hours after the boiler supplies useful thermal energy for heating, cooling, or process purposes or generates electricity, whichever is earlier.

COMPLIANCE DEMONSTRATION AND TESTING

40 CFR 63.11205 to 63.11226

A description of the installation of the CMS sampling probe or other interface at a measurement location representative of controlled exhaust emissions (e.g., on or downstream of the last control device);
Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems;
Performance evaluation procedures and acceptance criteria (e.g., calibrations);
A description of ongoing operation and maintenance procedures;
A description of ongoing data quality assurance procedures; and
A description of ongoing recordkeeping and reporting procedures.

For additional guidance on monitoring plans, see General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.

In addition, the following sources must conduct performance tests, as follows:

New or reconstructed oil-fired boilers beginning construction or reconstruction on or before September 14, 2016, that combust oil containing no more than 0.50 weight percent sulfur (either alone or in a mixture with other fuels not subject to a PM emissions limit), and that are not using a postcombustion control technology other than a wet scrubber to reduce PM or SO₂ emissions, are not subject to a PM emissions limit in 40 CFR 63, Subpart JJJJJJ Table 1 until September 14, 2019 (see EMISSIONS STANDARDS in this section) provided appropriate recordkeeping is conducted. Such sources must complete a performance test within 60 days of burning a new type of fuel. In addition, on and after September 14, 2019, to source is subject to PM emissions limit and must conduct a compliance demonstration by March 12, 2020.
New or reconstructed boilers that combust only ultra-low-sulfur liquid fuel are not subject to the PM emissions limit in 40 CFR 63, Subpart JJJJJJ Table 1 (see EMISSIONS STANDARDS in this section), provided the type of fuel combusted is monitored and recorded on a monthly basis. If fuel other than ultra-low-sulfur liquid fuel or gaseous fuels is burned, a performance test must be conducted within 60 days of burning the new fuel.
New or reconstructed boilers that have applicable work practice standards or management practices (see OPERATING REQUIREMENTS in this section): No initial performance tune-up is required, but the biennial or 5-year tune-up must be completed no later than 25 months or 61 months, respectively, after the initial start-up of the new or reconstructed source.
Applicable boilers that cease burning solid waste and the initial compliance date has passed: A compliance demonstration must be completed within 60 days of the effective date of the waste-to-fuel switch.
Applicable boilers that switch fuels or make a physical change to the boiler that results in the applicability of a different subcategory (see Types of Boilers in this section): A compliance demonstration must be completed within 180 days of the effective date of the fuel switch or the physical change.
Boilers located at existing major sources of HAPs that limit their potential to emit (e.g., make a physical change or take a permit limit) such that the existing major source becomes an area source:
—Existing boilers must demonstrate compliance within 180 days of the later of March 21, 2014, or upon the existing major source commencing operation as an area source; or
—New or reconstructed boilers at the existing source must demonstrate compliance within 180 days of the later of March 21, 2011, or start-up.
Existing applicable boilers that have not operated on solid fossil fuel, biomass, or liquid fuel between the effective date of the rule and the compliance date specified for the source must:
—Complete the initial compliance demonstration, if subject to the emissions limits in 40 CFR 63, Subpart JJJJJJ Table 1 (see EMISSIONS STANDARDS in this section), no later than 180 days after the restart of the applicable boiler on solid fossil fuel, biomass, or liquid fuel;
—Complete the initial performance tune-up, if subject to the tune-up requirements (see OPERATING REQUIREMENTS in this section), no later than 30 days after the restart of the applicable boiler on solid fossil fuel, biomass, or liquid fuel; and
—Complete the onetime energy assessment, if subject to the energy assessment requirements (see OPERATING REQUIREMENTS in this section), no later than the compliance date specified under Compliance Deadlines in this section.

NOTIFICATION, RECORDKEEPING, AND REPORTING

Notifications

40 CFR 63.11225(a) and 40 CFR 63.11225(g)

"This facility complies with the requirements in 40 CFR 63.11214 to conduct an initial tune-up of the boiler."
"This facility has had an energy assessment performed according to 40 CFR 63.11214(c)."
For sources that install bag leak detection systems: "This facility complies with the bag leak detection system requirements in accordance with 40 CFR 63.11224(f)."
For units that do not qualify for a statutory exemption as provided in Section 129(g)(1) of the CAA: "No secondary materials that are solid waste were combusted in any affected unit."

Recordkeeping

40 CFR 63.11225(c) and 40 CFR 63.11225(d)

In general, applicable sources must maintain records to demonstrate compliance, including:

A copy of each notification and report submitted to the appropriate regulatory authority.
Records to document conformance with the required work practices, emissions reduction measures, and management practices.
For sources that demonstrate compliance through fuel analysis, a copy of all calculations and supporting documentation that were done to demonstrate compliance with the mercury emissions limits. Supporting documentation should include results of any fuel analyses.
Records of the occurrence and duration of each malfunction of the boiler, or of the associated air pollution control and monitoring equipment.
Records of actions taken during periods of malfunction to minimize emissions, including corrective actions to restore the malfunctioning boiler, air pollution control, or monitoring equipment to its normal or usual manner of operation.
Records of all inspection and monitoring data, including:
—The date, place, and time of the monitoring event
—Person conducting the monitoring
—Technique or method used
—Operating conditions during the activity
—Results, including the date, time, and duration of the period from the time the monitoring indicated a problem to the time that monitoring indicated proper operation
—Maintenance or corrective action taken, if applicable.
Records to demonstrate the proper operation and maintenance of a bag leak detection system, if applicable.

All records must be maintained for 5 years following the date of each recorded action. The records must be maintained on-site for the first 2 years, after which they may be moved off-site.

Reporting

40 CFR 63.11225(b)

Each source must submit, upon request of the appropriate regulatory authority, an annual compliance report by March 1 of each year. The report must contain:

Company name and address.
Statement by a responsible official, with the official's name, title, phone number, e-mail address, and signature, certifying the truth, accuracy, and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of the boiler MACT for area sources. The compliance report must include the following certifications of compliance, as applicable, and be signed by a responsible official:
—"This facility complies with the requirements in 40 CFR 63.11223 to conduct a biennial or 5-year tune-up, as applicable, of each boiler."
—For units that do not qualify for a statutory exemption as provided in Section 129(g)(1) of the Clean Air Act: "No secondary materials that are solid waste were combusted in any affected unit."
—"This facility complies with the requirement in 40 CFR 63.11214(d) and 40 CFR 63.11223(g) to minimize the boiler's time spent during start-up and shutdown and to conduct start-ups and shutdowns according to the manufacturer's recommended procedures or procedures specified for a boiler of similar design if manufacturer's recommended procedures are not available."
If the source experiences any deviations from the applicable requirements during the reporting period, include a description of deviations, the time periods during which the deviations occurred, and the corrective actions taken. Sources experiencing such deviations have until March 15 to submit the report.
The total fuel use by each affected boiler subject to an emissions limit for each calendar month within the reporting period, including, but not limited to:
—A description of the fuel;
—Whether the fuel has received a nonwaste determination;
—Whether the fuel was processed from discarded nonhazardous secondary materials within the meaning of 40 CFR 241.3; and
—The total fuel usage amount.

NSPS for Industrial/Commercial/Institutional Boilers

SUBPART DB

Applicability

40 CFR 60.40b and 40 CFR 60.41b

NSPS Subpart Db established emissions standards for industrial, commercial, and institutional steam generating units that:

Commence construction, modification, or reconstruction after June 19, 1984; and
Have a heat input capacity greater than 100 MMBtu/hr.

Emissions Standards

40 CFR 60.42b to 60.44b

The NSPS establishes emissions limits for steam generating units that vary depending on the construction date, source capacity, and fuel type. The pollutants regulated by standard include:

SO₂
NOx
Particulate matter

Compliance Demonstration and Testing

40 CFR 60.45b and 40 CFR 60.46b

Notification, Recordkeeping, and Reporting

40 CFR 60.49b

Notifications. Each applicable source must submit a notification of the date of initial start-up that includes:

The design heat input capacity of the affected facility and identification of the fuels to be combusted;
If applicable, a copy of any federally enforceable requirement that limits the annual capacity factor for any fuel or mixture of fuels;
The annual capacity factor at which the facility anticipates operating based on all fuels fired and based on each individual fuel fired; and
Notification that an emerging technology will be used for controlling emissions of SO₂, if applicable;

See NSPS under CONSTRUCTION PERMITS in the national section AIR EMISSIONS PERMITS for more information on the general notification requirements of NSPS.

SUBPART DC

Applicability

40 CFR 60.40c

NSPS Subpart Dc established emissions standards for industrial, commercial, and institutional steam generating units that:

Commence construction, modification, or reconstruction after June 9, 1989; and
Have a maximum heat input capacity of 100 MMBtu/hr or less, but equal to or greater than 10 MMBtu/hr.

The following sources are not subject to the requirements of NSPS Subpart Dc:

Heat recovery steam generators and fuel heaters that are associated with combined cycle gas turbines and meet the applicability requirements of NSPS Subpart KKKK—Standards of Performance for Stationary Combustion Turbines
Any facility covered by NSPS Subpart AAAA—Standards of Performance for Small Municipal Waste Combustion Units for Which Construction Is Commenced After August 30, 1999, or for Which Modification or Reconstruction Is Commenced After June 6, 2001
Any facility covered by NSPS Subpart CCCC—Standards of Performance for Commercial and Industrial Solid Waste Incineration Units
Any facility covered by an EPA-approved state or federal Section 111(d)/129 plan implementing NSPS Subpart BBBB—Emissions Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999
Temporary boilers. A temporary boiler is a steam generating unit that combusts natural gas or distillate oil with a potential SO₂ emissions rate no greater than 0.060 lb/MMBtu, and the unit is designed to, and is capable of, being carried or moved from one location to another by means of wheels, skids, carrying handles, dollies, trailers, or platforms. A steam generating unit is not a temporary boiler if any one of the following conditions exists:
—The equipment is attached to a foundation.
—The steam generating unit or a replacement remains at a location for more than 180 consecutive days. Any temporary boiler that replaces a temporary boiler at a location and performs the same or similar function will be included in calculating the consecutive time period.
—The equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for at least 3 months each year.
—The equipment is moved from one location to another in an attempt to circumvent the residence time requirements of this definition.

Emissions Standards

40 CFR 60.42c and 40 CFR 60.43c

The NSPS establishes emissions limits for steam generating units that vary depending on the construction date, source capacity, and fuel type. The pollutants regulated by standard include:

SO₂
Particulate matter

Compliance Demonstration and Testing

40 CFR 60.44c and 40 CFR 60.45c

Notification, Recordkeeping, and Reporting

40 CFR 60.48c

Notifications. Each applicable source must submit a notification of the date of construction, reconstruction, and actual start-up that includes:

The design heat input capacity of the affected facility and identification of the fuels to be combusted;
If applicable, a copy of any federally enforceable requirement that limits the annual capacity factor for any fuel or mixture of fuels;
The annual capacity factor at which the facility anticipates operating based on all fuels fired and based on each individual fuel fired; and
Notification that an emerging technology will be used for controlling emissions of SO₂, if applicable.

See NSPS under CONSTRUCTION PERMITS in the national section AIR EMISSIONS PERMITS for more information on the general notification requirements of NSPS.

Hazardous Waste Combustion: RCRA-CAA Transition

HWC MACT STANDARD DEVELOPMENT

HWC MACT COURT PROCEEDINGS

Phase I Standards and Replacement Standards

Phase II Standards

PERMITS

General facility standards
Corrective action
Other hazardous waste management units, such as storage units
Other combustor-specific concerns, such as materials handling
Any risk-based combustor emissions and operating requirements that are more stringent than the MACT standard

HWCs Regulated by the CAA

WHO IS COVERED?

40 CFR 63.1200

The HWC MACT standard, under the CAA, applies to all area source (i.e., nonmajor source) and major source HWCs, which includes:

Hazardous waste incinerators. A hazardous waste incinerator is defined as any enclosed device that burns hazardous waste at any time using controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit nor is listed as an industrial furnace.
Hazardous waste cement kilns. A hazardous waste cement kiln is a rotary kiln and any associated preheater or precalciner devices that produce clinker by heating limestone and other materials for subsequent production of cement for use in commerce, and that burns hazardous waste at any time.
Hazardous waste lightweight aggregate kilns. A hazardous waste lightweight aggregate kiln is a rotary kiln that produces clinker by heating materials such as slate, shale, and clay for subsequent production of lightweight aggregate used in commerce, and that burns hazardous waste at any time.
Hazardous waste solid fuel boilers. A hazardous waste solid fuel boiler is a boiler that burns a solid fuel and that burns hazardous waste at any time. EPA defines a "boiler" as an enclosed device that uses controlled flame combustion to recover and export thermal energy in the form of steam, heated gases, or heated fluids, provided it has the following characteristics:
—Boilers must have a combustion chamber and an integral primary energy recovery system. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit.
—The energy recovery system must maintain a thermal energy recovery efficiency of at least 60 percent.
—The unit must export and use at least 75 percent of the recovered energy. No credit is given for recovered heat used internally.
Hazardous waste liquid fuel boilers. A hazardous waste liquid fuel boiler is a boiler that does not burn solid fuels and that burns hazardous waste at any time. Liquid fuel boilers include boilers that burn only gaseous fuel.
Hazardous waste hydrochloric acid (HCl) production furnaces. A hazardous waste hydrochloric acid production furnace is a halogen acid furnace (HAF) that burns hazardous waste at any time and produces aqueous HCl product from halogenated hazardous waste generated by chemical production facilities where:
—The furnace is on-site at a chemical plant.
—The acid product has a halogen acid content of at least 3 percent.
—The acid product is used in a manufacturing process.
—Except for hazardous waste burned as a fuel, hazardous waste fed to the furnace has a minimum halogen content of 20 percent as generated.

Exceptions

Previously affected sources. Sources that may have been previously subject to this standard are no longer subject, provided:

Hazardous waste no longer resides in the combustion chamber.
The closure requirements of 40 CFR 264 or 40 CFR 265 have been initialized. See the national section CLOSURE AND POST-CLOSURE PLANS for more information.
EPA has been notified in writing that the source is no longer an affected source under the HWC MACT.

PERMITS

40 CFR 63.1200

OPERATING STANDARDS

40 CFR 63.1206

All sources subject to the HWC MACT must:

Prepare and maintain a start-up, shutdown, and malfunction plan that includes a description of potential causes of malfunctions, including releases from emergency safety vents, that may result in significant releases of hazardous air pollutants, and actions the source is taking to minimize the frequency and severity of those malfunctions. See General MACT Requirements under NESHAP in the national section HAZARDOUS AIR POLLUTANTS.
Install, maintain, and operate a functioning system that immediately and automatically cuts off the hazardous waste feed when any of the following are exceeded, when any component of the automatic waste feed cutoff system fails, or when any continuous monitoring system (CMS) monitoring an operating parameter limit or emissions limit malfunctions:
—Operating parameter limits
—An emissions standard monitored by a continuous emissions monitoring system (CEMS)
—The allowable combustion chamber pressure
—Span value of any CMS detector.
Develop an emergency safety vent operating plan, comply with the operating plan, and keep the plan in the operating record. The plan must contain detailed procedures, calculations, and information for rapidly stopping the waste feed, shutting down the combustor, and maintaining temperature and negative pressure in the combustion chamber during the hazardous waste residence time, if feasible.
Control combustion system leaks by:
—Keeping the combustion zone sealed; or
—Maintaining the maximum combustion zone pressure lower than ambient pressure using an instantaneous monitor.
Operation and maintenance plans that describe in detail procedures for operation, inspection, maintenance, and corrective measures for all components of the combustor that could affect emissions of regulated HAPs, including pollution control equipment. The plan must:
—Prescribe how the source will operate and maintain the combustor in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels achieved during the comprehensive performance test. See Testing Requirements in this section for more information on the comprehensive performance test.
—Ensure compliance with the operation and maintenance requirements and minimize emissions of pollutants, automatic waste feed cutoffs, and malfunctions.
—Be recorded in the operating record.
Combustors equipped with a baghouse must continuously operate a bag leak detection system or a particulate matter detection system.
Combustors equipped with an electrostatic precipitator or ionizing wet scrubber that elect not to establish site-specific control device operating parameter limits that are linked to the automatic waste feed cutoff system must continuously operate a particulate matter detection system.
Establish training programs for all categories of personnel whose activities may reasonably be expected to directly affect emissions of HAPs from the source, including:
—Chief facility operators
—Control room operators
—CMS operators
—Persons who sample and analyze feedstreams
—Persons who manage and charge feedstreams to the combustor
—Persons who operate emissions control devices
—Ash and waste handlers.

See the national section TRAINING for more information training programs for HWC personnel.

EMISSIONS STANDARDS

40 CFR 63.1203 to 63.1205 and 40 CFR 63.1216 to 63.1221

The emissions limits established by the MACT standard for HWCs vary depending on the type and age of the unit. The pollutants regulated by the MACT standard include:

Dioxins and furans, combined
Mercury
Lead and cadmium, combined
Arsenic, beryllium, and chromium, combined
Carbon monoxide
Hydrocarbons
Hydrochloric acid and chlorine gas, combined
Particulate matter

TESTING REQUIREMENTS

40 CFR 63.1207 and 40 CFR 63.1210

Types of Tests

Guidance. For additional guidance on stack testing, see Emissions Inventory under QUANTIFYING EMISSIONS in the national section AIR EMISSIONS PERMITS.

Test Plans

The name and telephone number of the source's contact person
The name and telephone number of the regulatory agency's contact person
The location where the test plans and any necessary supporting documentation can be reviewed and copied
The time period for which the test plans will be available for public review
An expected time period for commencement and completion of the performance test and CMS performance evaluation test

Test plan content. All test plans must comply with the general requirements under 40 CFR 63.7 that are applicable to all MACT sources.

In addition, CPT plans for HWCs must include the following:

Analysis of each feedstream
Approximate quantification of the HAPs in the feedstream
Description of waste blending procedures
Detailed engineering description of the HWC
Detailed description of sampling and monitoring frequency, and planned analytical procedures for sample analysis
Detailed test schedule
Detailed test protocol, including the ranges of hazardous waste feed rate
Planned operating conditions for any emissions control equipment to be used
Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction
Determination of the hazardous waste residence time
Continuously monitored or expected levels of regulated constituents in natural gas, process air, and other feedstreams
Documentation justifying the duration of system conditioning required to ensure the combustor has achieved steady-state operations under performance test operating conditions
Documentation of the temperature measurement location
Other source- and equipment-specific information

Confirmatory test plans must contain a detailed test schedule, test protocol, and descriptions of the following:

Normal hydrocarbon or carbon monoxide (CO) operating levels
Normal applicable operating parameter levels
Normal chlorine operating levels
Sampling and monitoring procedures
Detailed test schedule
Detailed test protocol, including the ranges of hazardous waste feed rate
Planned operating conditions for any emission control equipment to be used
Methods to rapidly stop the hazardous waste feed and to control emissions in the event of an equipment malfunction
Other source- and equipment-specific information

Notification of Compliance (NOC)

An NOC must also be submitted to EPA within 90 days of completing a confirmatory test. The notice must state whether the source was able to comply with the applicable dioxin/furan emissions standard.

COMPLIANCE DEADLINES

Phase II Standards

40 CFR 63.1206 and 40 CFR 63.1216 to 63.1218

Phase I Replacement Standards

40 CFR 63.1206 and 40 CFR 63.1219 to 63.1221

Documenting Compliance

40 CFR 63.1211(c)

Required CEMS and CMSs are installed, calibrated, and continuously operating in compliance with the requirements.
The facility is in compliance with the emissions standards and the limits on the operating parameters ensure continued compliance, based on an engineering evaluation prepared under direction or supervision of the person signing the DOC in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation.

Exception. Facilities were not required to include a DOC in the operating record if an NOC was submitted before the appropriate compliance date.

Extensions

40 CFR 63.1213

RECORDKEEPING REQUIREMENTS

40 CFR 63.1211

BIFs Regulated by RCRA

WHO IS COVERED?

40 CFR 266.100 and 40 CFR 260.10

Boilers must have a combustion chamber and an integral primary energy recovery system. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit.
The energy recovery system must maintain a thermal energy recovery efficiency of at least 60 percent.
The unit must export and use at least 75 percent of the recovered energy. No credit is given for recovered heat used internally.

EPA may, on a case-by-case basis, determine a unit to be a boiler even if it does not fit the definition. Such a determination will be based on consideration of the factors listed at 40 CFR 260.32.

Cement kilns.
Lime kilns.
Aggregate kilns.
Phosphate kilns.
Coke ovens.
Blast furnaces.
Smelting, melting, and refining furnaces.
Titanium dioxide chloride process oxidation reactors.
Methane reforming furnaces.
Pulping liquor recovery furnaces.
Combustion devices used in the recovery of sulfur values from spent sulfuric acid.
Halogen acid furnaces (HAF). A HAF is a furnace for the production of acid from halogenated hazardous waste generated by chemical production facilities where:
—The furnace is on-site at a chemical plant.
—The acid product has a halogen acid content of at least 3 percent.
—The acid product is used in a manufacturing process.
—Except for hazardous waste burned as a fuel, hazardous waste fed to the furnace has a minimum halogen content of 20 percent as generated.

EPA may add other devices to the list based on one or more of the factors listed at 40 CFR 260.10.

After MACT Applicability

Upon request of the source, requirements to minimize releases during start-up, shutdown, and malfunction events, including releases from emergency safety vents.
At closure, all hazardous waste and hazardous waste residues be removed from the BIF, including, but not limited to, ash, scrubber waters, and scrubber sludges.
Standards addressing direct transfer. See Direct Transfer Rules in this section.
Standards addressing residues. See Residues in this section.
Standards addressing applicable requirements of 40 CFR 264, Subparts A to H, BB, and CC and 40 CFR 265, Subparts A to H, BB, and CC.
For boilers and hydrochloric acid production furnaces that are area sources that opt not to comply with emissions standards under 40 CFR 63.1216, 40 CFR 63.1217, and 40 CFR 63.1218 for particulate matter, semivolatile and low-volatile metals, and total chlorine:
—The applicable requirements under 40 CFR 266.105 for controlling particulate matter emissions
—The applicable requirements under 40 CFR 266.106 for controlling metals emissions, except for mercury
—The applicable requirements under 40 CFR 266.107 for controlling hydrogen chloride and chlorine gas emissions.
For boilers that elect to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 40 CFR 63.1217(e), the applicable requirements under 40 CFR 266.105 for controlling particulate matter emissions.

Exemptions

40 CFR 266.100 and 40 CFR 266.108

Complete RCRA exemptions. The following boilers or industrial furnaces are exempt from the BIF rules:

Units burning used oil for energy recovery and subject to regulation under 40 CFR 279.
Units burning gas from hazardous or solid waste landfills for energy recovery.
Units burning hazardous wastes exempted under 40 CFR 261.4 (solid waste exclusions) and 40 CFR 261.6(a)(3)(iii) and (iv) (recycling exemptions for reclaiming precious metal and spent lead-acid batteries). See the national section HAZWASTE DETERMINATION (CLASSIFICATION) for more information.
Units burning hazardous wastes from conditionally exempt small quantity generators under 40 CFR 261.5.
Coke ovens burning only K087 (decanter tank tar sludge from coking operations).

Conditional exemption for metal recovery furnaces or mercury recovery furnaces. Metal recovery furnaces or mercury recovery furnaces must submit a one-time written notice to EPA indicating:

The source's intention to claim an exemption.
The hazardous waste is burned solely for metal recovery.
—Hazardous waste with a total concentration of organic compounds listed in Appendix VIII to 40 CFR 261 that exceeds 500 parts per million (ppm) by weight, as-fired, is considered to be burned for destruction, not burned solely for metal recovery.
—Hazardous waste with a heating value of 5,000 British thermal units per pound (Btu/lb) or more, as-fired, is considered to be burned as fuel, not burned solely for metal recovery.
The hazardous waste contains recoverable levels of metals.
The source will comply with the applicable sampling and analysis and recordkeeping requirements.
—Sampling and analysis of the hazardous waste and other feedstocks must be conducted as necessary to document compliance with the provision of this exemption.
—Records necessary to document compliance with the provision of this exemption must be maintained on-site for at least 3 years.

This conditional exemption does not apply to:

Lead or nickel-chromium recovery furnaces
Metal recovery furnaces that burn baghouse bags used to capture metallic dusts emitted by steel manufacturing
Lead recovery furnaces that are subject to regulation under the secondary lead smelting NESHAP

The hazardous waste is burned solely for metal recovery.
The hazardous waste contains recoverable levels of metals.
The sampling and analysis is being conducted as required.

The hazardous wastes listed in Appendices XI, XII, and XIII to 40 CFR 266, and baghouse bags used to capture metallic dusts emitted by steel manufacturing, are exempt provided that:

Wastes listed in Appendix IX to 40 CFR 266 contain recoverable levels of lead and less than 500 ppm of organic constituents listed in Appendix VIII of 40 CFR 261.
Wastes listed in Appendix XII to 40 CFR 266 contain recoverable levels of nickel or chromium and less than 500 ppm of organic constituents listed in Appendix VIII of 40 CFR 261.
Wastes listed in Appendix XIII to 40 CFR 266 contain recoverable levels of mercury and less than 500 ppm of organic constituents listed in Appendix VIII of 40 CFR 261.
Baghouse bags used to capture metallic dusts emitted by steel manufacturing must contain recoverable levels of metal.
The wastes do not exhibit the toxicity characteristic specified under 40 CFR 261.24.
The wastes are not a hazardous waste listed under 40 CFR 261.30 to 261.38 because it is listed for an organic constituent as identified in Appendix VII of 40 CFR 261.
A one-time notice is submitted to EPA certifying that hazardous waste is burned in compliance with the conditions of the conditional exemption and that sampling and analysis is conducted or other information will be obtained as necessary to ensure continued compliance with the conditions of the conditional exemption:
—Sampling and analysis of the hazardous waste and other feedstocks must be conducted as necessary to document compliance with the provision of this exemption.
—Records necessary to document compliance with the provision of this exemption must be maintained on-site for at least 3 years.

This conditional exemption does not apply to lead recovery furnaces that are subject to regulation under the secondary lead smelting NESHAP.

A one-time written notice indicating the following is submitted to EPA:
—The source is claiming this conditional exemption.
—The hazardous waste is burned for legitimate recovery of precious metal.
—The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this conditional exemption.
The hazardous waste is sampled and analyzed as necessary to document that the waste is burned for recovery of economically significant amounts of precious metal and that the treatment recovers economically significant amounts of precious metal.
Records necessary to document compliance with the provision of this exemption must be maintained on-site for at least 3 years.

More than 1 percent hazardous waste compared to its total fuel requirements.
Hazardous waste having a heating value less than 5,000 Btu/lb.
Hazardous waste fuel containing or derived from any of the following dioxin-listed wastes: F020, F021, F022, F023, F026, and F027. See the national section LISTED WASTES for more information.

PERMITS

40 CFR 266.102, 40 CFR 270.22, and 40 CFR 270.66

Since the deadline for interim status has passed, all BIFs that are still operating under interim status should be in compliance and should have submitted their certification of compliance.

Permit Process

40 CFR 266.102(d)

The purpose of the permit is to establish operating conditions that will ensure the protection of human health and the environment. The permit process consists of the following phases:

Pretrial burn. The pretrial burn allows the unit to come up to operational readiness.
Trial burn. Once the unit is operationally ready, trial burns are made to establish operating conditions and measure air emissions. If emissions rates are too high, changes are made so the unit will operate safely and efficiently. The data will establish the day-to-day operating conditions.
Posttrial burn. The posttrial burn is the period of time when EPA evaluates the data to confirm the unit is in compliance with all performance standards.
Final permit. After reviewing all the trial burn data, EPA will modify the permit conditions as needed and will issue final operating procedures. The unit must be managed in accordance with the conditions as described in the permit. Changes to the unit must be preapproved by EPA through a permit modification.

MANAGEMENT BEFORE BURNING

40 CFR 266.101 and 40 CFR 262 to 265

OPERATING STANDARDS

40 CFR 266.102

Owners and operators of industrial furnaces and boilers must comply with the following:

Provide a hazardous waste analysis identifying the type and quantity of hazardous constituents expected in the waste.
Minimize fugitive emissions by maintaining a negative pressure combustion zone or totally sealing the combustion chamber.
Equip the industrial furnace or boiler with an automatic waste feed cutoff system.
Conduct monitoring and inspections and record permit-specified data.
Maintain all data in the facility operating record until closure.
Stop burning hazardous waste if operation deviates from the conditions specified in the permit.
Comply with the standards for TSDFs.

For more information, see the national section TSDF RESPONSIBILITIES.

Direct Transfer Rules

40 CFR 266.111

General operation
Areas where direct transfer vehicles are located
Direct transfer equipment requirements
Secondary containment requirements
Inspections and recordkeeping
Design and installation of ancillary equipment
Leak and spill response
Closure requirements

Residues

40 CFR 266.112

EPA considers anything derived from a hazardous waste to be a hazardous waste. Therefore, any residues generated from burning hazardous waste in a BIF would be considered a hazardous waste.

Exceptions. Residues from the burning of hazardous waste are excluded from the definition of a hazardous waste provided the following requirements are satisfied:

Boilers must burn at least 50 percent coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal.
Industrial furnaces must process at least 50 percent by weight of normal, nonhazardous raw materials.
Cement kilns must process at least 50 percent by weight of normal cement-production raw materials.
It is demonstrated that the hazardous waste does not "significantly affect" the residue.

"Significantly affect" is defined by either of the following standards:

Comparison of hazardous waste-derived residue with a normal residue. The hazardous waste residue must not contain any toxic constituents, as listed in 40 CFR 261, Appendix VIII, at concentrations higher than the concentrations generated by processing a nonhazardous waste.
Comparison of waste-derived residue toxic constituent concentrations with health-based limits.

EMISSIONS LIMITS

40 CFR 266.104 to 266.107

Dioxins and furans. Emissions testing and health-risk assessment are required for certain facilities that have, or may have, significant emissions of chlorinated dioxins and furans.

Tables

CROSS-REFERENCE

Air (Regulatory Overview)	New Source Review
Air Emissions Permits	RCRA
Closure and Post-Closure Plans	Title V
Hazardous Air Pollutants	TSDF Permits
Hazwaste Determination (Classification)	TSDF Responsibilities
Incineration of Wastes	Used Oil Management

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