Notification Requirement for Area Source Boiler NESHAP
Posted: 09/09/2011

This listserv is being sent to inform facilities of an upcoming federal deadline for submittal of an initial notification for a National Emission Standard for Hazardous Air Pollutant (NESHAP). On March 21, 2011, EPA promulgated a NESHAP for boilers at area sources (40 CFR 63 Subpart JJJJJJ, also called the "Area Source Boiler NESHAP"). The same day, EPA initiated a reconsideration of this rule. While EPA is conducting a reconsideration of the Area Source Boiler NESHAP, affected sources subject to this standard must comply with all requirements of the rule as currently published in the Federal Register. (On May 18, 2011, EPA announced that it was delaying the effective date of the Major Source Boiler MACT, Subpart DDDDD. At this time, the Area Source Boiler NESHAP has not been delayed.)

The Area Source Boiler NESHAP covers boilers located at area source facilities that burn coal, oil, biomass, or other solid and liquid non-waste materials. An area source is a facility with potential and actual emissions below 10 tons per year of any single hazardous air pollutant (HAP) and below 25 tons per year of all HAP combined. This rule does NOT apply to boilers that burn only gaseous fuels or any solid waste.

Facilities with existing boilers (construction of boiler commenced on or before June 4, 2010) that are subject to this federal rule are required to submit an initial notification no later than September 17, 2011. There are two compliance dates for existing boilers: March 21, 2012 for tune-up requirements, and March 21, 2014 for emission limits and/or energy assessment requirements. More information on this NESHAP, including a compliance guide and an example initial notification form, is available on EPA’s website at under "Implementation Tools."

The Iowa DNR has not started the administrative rulemaking process for adopting this federal NESHAP, and has not yet developed a schedule for doing so. Following the EPA reconsideration, the DNR plans to seek input on adopting this NESHAP. Because the state has not yet adopted this NESHAP, facilities are required to send their initial notifications to EPA Region VII. Since Iowa may adopt this NESHAP in the future, we're requesting as a courtesy that facilities send copies of any Area Source Boiler NESHAP notifications to Iowa DNR as well.

Addresses for submitting initial notifications:

EPA Region VII
Director, Air and Waste Management Division
901 N. 5th Street
Kansas City, KS 66101

Iowa Department of Natural Resources
NESHAP Coordinator
7900 Hickman, Suite 1
Windsor Heights, IA 50324

For questions, please contact Diane Brockshus at or 515-281-4801.

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