It’s Time to Submit Your Major Source Boiler MACT Initial Notification

UPDATED (05/20/13): Contrary to previous information, U.S. EPA has now published an initial notification template for major sources, which can be found here.

Back on January 31, 2013, when the final Major Source Boiler MACT rule was published in the Federal Register, the deadline for submitting initial notifications for existing affected sources (i.e., within 120 days of publication) may have felt like months away (well…because it was).  But now, whether you know exactly how your boilers and process heaters are going to comply with the Major Source Boiler MACT, or whether you’re still becoming familiar with the rule, the requirement is the same: submit your initial notifications no later than 120 days after January 31, 2013 (i.e., by May 31, 2013).

What if I submitted an initial notification for the March 2011 version of the rule?  Or even the September 2004 version of the rule?

U.S. EPA has stated in a Q&A document that facilities need not resubmit their initial notifications for the January 2013 final rule “as a result of the amended deadlines” to the March 2011 final rule.  Similarly, facilities need not resubmit their initial notifications if they submitted their initial notifications for an earlier version of the rule (for example, by March 12, 2005 for the September 2004 version of the rule) so long as “nothing substantive has changed in the information already submitted.”

What do I need to include in my 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.”

While not required by the Boiler MACT rule or the Part 63 General Provisions, some states appear to be requesting additional information from facilities, either with their initial notifications or separately, such as how each source intends to comply with the rule.  Although facilities do need to be planning for the compliance date of January 31, 2016, the requests from some states for compliance methods may prove problematic for facilities that have not yet finalized their compliance strategies.

Is there a template for the initial notification form available?

Yes and no – U.S. EPA has provided an initial notification template for area sources, but has indicated that a template for major sources will not be provided.  Instead, facilities should edit the area source template to use for the major source notification.

Who do I need to submit the initial notification to?

Initial notifications 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.

What if my facility is an area source of HAP?

If your facility emits less than 10 tons per year of a single HAP, and less than 25 tons per year of total HAPs, your facility is an area source rather than a major source.  Boilers (but not process heaters) at area sources are potentially subject to the Area Source Boiler MACT rather than the Major Source Boiler MACT.  Area sources have some more time to submit their initial notifications, which are due by January 20, 2014, but less time to achieve compliance, which must occur by March 21, 2014.

Want to learn more about the Major Source Boiler MACT?  Attend our webinar on May 22, and contact me with any questions.