How to Get the Most Out of Your Boiler MACT Energy Assessment
The History Behind the Information Collection Request (ICR)
Perhaps the most common notice in the Federal Register is the Information Collection Request (ICR). The ICR is the means by which U.S. EPA, and other Federal agencies, can collect information from various stakeholders including the regulated community, interested parties, and state agencies; however, Federal agencies are required to justify and explain why the collection of information is necessary. The information collection process is regulated by the Paperwork Reduction Act (PRA) of 1995 which requires Federal agencies to follow specific procedures when they collect information from groups that consist of 10 or more non-Federal entities, whether entities are individuals or corporations. U.S. EPA and other Federal agencies are required to submit the ICR to the Office of Management and Budget (OMB) for review and approval. A key component to the 1995 PRA was the requirement that the collection of information involving recordkeeping and reporting requirements in various regulations was also to be covered in the ICR process.
The process for developing the ICR is a multi-step process and an ICR will typically make three appearances in the Federal Register. Before the ICR become public, U.S. EPA initially submits a completed ICR notice to the Office of Environmental Information (OEI) which reviews the ICR to make certain that it meets the necessary requirements. The OEI determines if the ICR is complete, if it serves a useful purpose, and if the purpose of the ICR is clearly explained. Once the OEI approves the ICR, the ICR is published in the Federal Register for public comment and for notice that the ICR will be submitted to the OMB. The OMB provides the final determination for issuing or renewing the ICR. OMB may approve the ICR or disapprove the ICR with a request to U.S. EPA for additional information.
There are two types of ICRs; ICRs that are related to regulations and ICRs that are non-regulation based. Most U.S. EPA ICRs that appear in the Federal Register are for a renewal of data collection for an existing regulation. These ICR renewals are required every three (3) years, and the process can take 180 days from the first Federal Register notice and associated 60 day public comment period through the OMB approval and final public notice via the Federal Register.
The cost and burden to the affected community for collecting the data must be determined by U.S. EPA and is carefully reviewed by OEI and the OMB. So if an ICR renewal for a rule that applies to you appears in the Federal Register and your experience with the recordkeeping and reporting suggest that a significant amount of time expended retaining inconsequential records is high relative to the value of the data being tracked, it would be in your best interest to comment on the ICR. A final note about ICR involves some rare instances where an ICR has expired before the new ICR is in place. Enforcement on recordkeeping and reporting violations has been blocked because an ICR was not approved before the existing ICR expired. Thus knowing the status of ICRs for regulations that affect your facility could be worth a little bit of effort, whether that effort involves commenting on the ICR or knowing when an ICR expire.
Upcoming Area Source Boiler MACT Requirements for Existing Affected Sources
It hasn’t quite been a year since the final Area Source Boiler MACT rule was published in the Federal Register on February 1, 2013, but the deadline for submitting initial notifications for existing affected sources is just about here (i.e., January 20, 2014). Soon thereafter, by March 21, 2014, certain existing affected sources must conduct an initial tune-up, one-time energy assessment, and comply with emission limitations. In most cases, a Notification of Compliance Status (NOCS) must then be submitted by July 19, 2014. Facilities that emit less than 10 tons per year of a single HAP and less than 25 tons per year of total HAPs are area sources of HAP and are potentially subject to the Area Source Boiler MACT. Facilities that emit 10 tons per year or more of a single HAP or 25 tons or more of total HAPs are major sources of HAP and are potentially subject to the Major Source Boiler MACT.
Initial Notification Requirements
What information is required for the initial notification? Pursuant to 40 CFR §63.9(b)(2), initial notifications must include the following information:
- “The name and address of the owner or operator;
- The address (i.e., physical location) of the affected source;
- An identification of the relevant standard, or other requirement, that is the basis of the notification and the source’s compliance date;
- A brief description of the nature, size, design, and method of operation of the source and an identification of the types of emission points within the affected source subject to the relevant standard and types of hazardous air pollutants emitted; and
- A statement of whether the affected source is a major source or an area source.”
U.S. EPA has provided an initial notification template for area sources, which must be submitted to your U.S. EPA Regional Office, as well as your state agency if they have been delegated authority by U.S. EPA to implement the rule.
Tune-up Requirements
Owners and operators of existing coal-fired boilers with heat input capacities less than 10 MMBtu/hr and biomass- and oil-fired boilers of any size must conduct an initial tune-up of the boiler by March 21, 2014. The frequency of subsequent tune-ups varies by fuel type and size. Facilities should keep in mind that they do not have to submit the results of the tune-up to U.S. EPA, but records of the tune-up must be maintained. U.S. EPA has provided facilities with a template tune-up recordkeeping form along with guidance on how to complete the tune-up.
Energy Assessment Requirements
Owners and operators of existing coal-, biomass-, and oil-fired boilers greater than 10 MMBtu/hr must conduct a one-time energy assessment performed by a qualified energy assessor by March 21, 2014. Stay tuned for an upcoming 4 The Record article with more details about the energy assessment requirements.
Emission Limitation Requirements
Owners and operators of existing coal-fired boilers greater than 10 MMBtu/hr must comply with emission limitations for mercury (Hg) and carbon monoxide (CO) by March 21, 2014. Compliance must be demonstrated, through performance testing and/or fuel analysis, by September 17, 2014.
Notification of Compliance Status Requirements
By July 19, 2014, facilities must submit a Notification of Compliance Status (NOCS) indicating that an initial tune-up and energy assessment, as applicable, were conducted. The NOCS must be submitted through the Compliance and Emissions Data Reporting Interface (CEDRI) on U.S. EPA’s Central Data Exchange. Templates of the NOCS for initial tune-ups, one-time energy assessments, and emission limitations have been provided by U.S. EPA.
Still have questions about the upcoming requirements? Check out our webinar, leave a comment below, or contact me at cdoyno@all4inc.com or 678.460.0324 x204.
New Year’s Resolutions for Compressor Stations
I recently found myself pulling my car over to the side of the road with a flat tire. I remember thinking “Good thing I have that emergency kit in the trunk of my car”. Sadly, as I inspected the contents of the kit, I realized that what was actually in there was a lot different than what I had remembered being in there from several years ago, and of little help for a flat tire. Something similar could happen to operators of compressor stations. When was the last time you reviewed the equipment located at your compressor station? A lot can happen in five years. Don’t let yourself get stuck with a false sense of security. Make it a part of your New Year’s resolutions to take an extra look at your facility’s equipment as it relates to your minor or major operating permit. We will even offer you some “AAA roadside assistance”; here are a few things to get you started:
Perform A Detailed Site Inventory
Equipment is often constructed, modified, or reconstructed over the course of five (5) years. It is important to reconcile what you have listed in your facility’s permit, with what is actually located on-site.
Examine the Major/Minor Source Determination of Your Facility
Just as was stated above, equipment is often constructed, modified, or reconstructed over the course of five (5) years. Is your facility still considered a natural minor source? Or should it be redefined as a synthetic minor source? Taking the time to look back over the definitions of natural and synthetic minor sources, and major source, is important. Gather back-up information to continually support the classification of your facility.
Read Up On RICE MACT
More than likely when your facility’s original operating permit was issued, the most recent version of 40 CFR Part 63 Subpart ZZZZ (National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE MACT)) was not finalized. Look at the detailed site inventory that you’ve created and determine if you operate a RICE. If you do, it’s time to get familiar with RICE MACT and determine what requirements you might be required to comply with.
Dive Into Subpart OOOO
40 CFR Part 60 Subpart OOOO (Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution) was finalized on August 2, 2013. Have you installed new equipment since August 23, 2011? If so, you may be subject to the requirements of this regulation.
BONUS RESOLUTION: Keep Up With GHG Reporting
As long as you are checking the requirements in your facility’s operating permit, it may be worthwhile to take a look at your facility’s reporting requirements for greenhouse gases (GHG). The methane (CH4) Global Warming Potential (GWP) was recently increased from 21 to 25 and the nitrous oxide (N2O) GWP was recently decreased from 310 to 298. Calculations for your facility will need updating!
Consider these few steps for 2014 and avoid the pitfalls of being surprised by what your find at your compressor station.
