Area Source Boiler MACT Tune-Up and Energy Assessment Deadline
Posted: March 17th, 2014Author: All4 Staff
While Spring may be taking its time arriving throughout much of the country, the second deadline for Area Source Boiler MACT is almost here. Nearly 6 weeks after Punxsutawney Phil saw his shadow and 10 weeks after your initial notifications (January 20, 2014), the March 21 initial compliance deadline is just around the corner with requirements for boiler tune-ups, energy assessments, fuel sampling, and emission testing as appropriate.
With the March 21st Area Source Boiler MACT compliance deadline looming, we offer up two helpful observations. First, if you are hiding in Punxsutawney’s shadow because boiler tune-ups and energy assessments have you nervous, don’t worry. U.S. EPA has developed important and helpful information to assist you to meet the boiler tune-up and energy assessment requirements. For more information on energy assessments and tune-ups, visit U.S. EPA’s Boiler Tune-up Guide and Summary of Energy Assessment Requirements. For some real-world examples and guidance, check out the February 2014 edition of 4 The Record, which discusses the energy assessment requirements in detail. Also note that as of March 3, 2014, U.S. EPA is no longer accepting paper submittals of the Notification of Compliance Status for Energy Assessments; rather, they must now be submitted electronically via the Compliance and Emissions Data Reporting Interface (CEDRI).
Second, make certain that the fuels that you listed in your initial notification reflect “traditional fuels” as that term is defined at 40 CFR Part 241.2. And if you listed a fuel that does not qualify as a traditional fuel, it will be very important to make certain that you can document the non-traditional fuel as a non-waste per the Non-Hazardous Secondary Material rule legitimacy criteria procedures at 40 CFR Part 241.3. Firing a secondary material that does not have a non-waste determination has significant ramifications. The most significant ramification is that you could find yourself subject to significant regulatory requirements under the Commercial, Industrial, Solid Waste Incineration (CISWI) rule.
Lastly, U.S. EPA recently requested a remand without vacatur for certain portions of both the Major and Area Source Boiler MACT. While this could certainly impact emission limitations and/or compliance deadlines, the remand has not yet been granted by the court. With the area source compliance deadline right around the corner, it appears that area sources have no choice but to comply with the rule as it exists today, unless U.S. EPA issues a No Action Assurance letter as they did around this time in 2012.
If you know where your facility stands with respect to these two issues, you will be in a much better position to enjoy Spring once it finally arrives. For more information on the Area Source Boiler MACT or the NHSM rule contact me or Dan Holland.