EPA Clarifies Boilers Rule, Deadlines for Compliance

Please note: NRMCA is operating from information obtained from NRMCA members that indicated a vast majority of ready mixed concrete operations use small boilers. As a result, this is NRMCA’s focus in advising the industry on compliance.

Definitions: 

Existing boiler - A boiler constructed or reconstructed on or before June 4, 2010.

New boiler - A boiler constructed, reconstructed or that changed fuel sources after June 4, 2010.

Area Source boiler (small boiler) - A boiler that has a heat input of less than 10 million Btu per hour (<10 MMBtu/hr), also considered a small boiler.

Major Source boiler (large boiler) - A boiler that has a heat input equal to or greater than 10 million Btu per hour (≥10 MMBtu/hr), also considered a large boiler.

No Action Assurance (NAA) - Postponement of enforcement of a certain rule.

Rule Coverage - EPA’s small boiler rule covers: "...boilers located at area source facilities that burn coal, oil, biomass, or other solid and liquid non-waste materials. This rule does NOT apply to boilers that burn only gaseous fuels or any solid waste."

Notifications - As per EPA’s finalization of its Area Source Boiler Rule on March 21, 2011, owners/operators of small boilers are now required to complete biennial tuneups of those boilers. To start the new rule, businesses had to submit to EPA a one-time "Initial Notification of Applicability" for each covered boiler (basically letting EPA know that you have a boiler that is covered under the new rule). The next step was for businesses to complete the first/initial tuneup and complete and submit to EPA a "Notification of Compliance Status for Boilers Subject to Tune-ups" form.

  

For new boilers, the compliance deadline to submit the "Initial Notification of Applicability" form and then complete the first/initial tuneup and submit the "Notification of Compliance Status for Boilers Subject to Tune-ups" form was September 17, 2011 or within 120 days of startup, whichever was later. Owners/operators of new boilers should have already submitted both forms to EPA and conducted their first/initial tuneup.

For existing boilers, the compliance deadline to submit the "Initial Notification of Applicability" form was September 17, 2011. The compliance deadline to complete the first/initial tuneup was March 21, 2012. The deadline to submit the corresponding "Notification of Compliance Status for Boilers Subject to Tune-ups" would have been July 19, 2012. However, that deadline was postponed twice, first on March 13, 2012 and again on July 18, 2012  due to EPA publishing a NAA.

The NAA for notification of compliance with the tune-up reporting was postponed for two reasons. The first, EPA published proposed changes to the March 12, 2011 Area Source Boiler Rule which wasn’t finalized before the first deadlines, and still hasn’t been, which created confusion. Second, EPA was made aware by the business community that the country lacks the amount of boiler technicians needed for industry to comply with the March 12, 2011 rule.

To be clear, the NAA only postponed the July 19, 2012 deadline for submitting the "Notification of Compliance Status for Boilers Subject to Tune-ups". The NAA states that postponement "will run until either the final reconsideration rule (proposed changes) is issued and becomes effective or to December 31, 2012." Basically, if the proposed changes are not finalized before the end of the year, owners/operators of existing, small boilers will need to submit to EPA their "Notification of Compliance Status for Boilers Subject to Tune-ups" form by January 2, 2013.

Lastly, the only physical submissions to EPA for this rule are the one-time "Initial Notification of Applicability" form and the very first "Notification of Compliance Status for Boilers Subject to Tune-ups" form. Subsequent tuneups only require owners/operators to prepare (every two years) the compliance certification document. The document does not need to be submitted to EPA, only prepared and held by the owner/operator in case EPA requests it. Please refer to the below links for more information, specifics about tuneup requirements, and the information and documentation required to be kept following each tune-up.