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Boilers and Process Heaters: timeline

On June 8, 2007 the Court of Appeals for the District of Columbia Circuit vacated and remanded the Boilers rule.  This means the rule is no longer in affect for existing sources, MACT Hammer Provisions can apply and EPA has to create a new rule. The following states have issued some guidance.  Contact your own permitting authority for further information. 

We will leave this site intact until we have further clarification.

Georgia      Oklahoma        Nebraska      Mississippi      Louisiana

Proposed Rule published in the Federal Register - January 13, 2003

Final Rule published in the Federal Register - September 13, 2004

Existing Sources November 12, 2004 - Effective Date September 13, 2007 -
Compliance Date
New Sources November 12, 2004 - Effective Date November 12, 2004 -
Compliance Date or upon
startup, whichever is later

Existing Sources

Submit Initial Notification   March 12, 2005
Compliance Report (semiannual)

  January 31 and
July 31
Performance Test Requirements Submit Notification of Intent to Conduct a Performance Test and Submit QA/Test plan At least 30 days before the performance test is scheduled to begin
  Submit Notification of Intent to Conduct a visible emissions/opacity test At least 30 days before the visible emissions/opacity test is scheduled to begin

  Conduct Initial Performance Test (Demonstrate Initial Compliance)

March 11, 2008 (latest date) Within 180 days of compliance date

  Notification of Compliance Status (For sources required to conduct performance test or other initial compliance demonstration; includes performance test results)

May 11, 2008 (latest date) Within 60 days after completing the initial performance test or compliance demonstration

  Conduct subsequent performance tests Within 10-12 months of the Initial Performance Test, unless allowed to conduct tests less often
Compliance Alternatives Eligibility demonstration for those sources demonstrating low risk for hydrogen chloride and manganese September 13, 2006
1 year before compliance date

  Site-specific fuel analysis plan for those sources demonstrating compliance through fuel analysis At least 60 days before the date you demonstrate compliance
  Implementation plan for emissions averaging At least 180 days before the date you demonstrate compliance

New Sources

Submit Initial Notification   Within 15 days after startup
Compliance Report (semiannual)

  January 31 and
July 31
Performance Test Requirements Submit Notification of Intent to Conduct a Performance Test and Submit QA/Test plan At least 30 days before the performance test is scheduled to begin
  Submit Notification of Intent to Conduct a visible emissions/opacity test At least 30 days before the visible emissions/opacity test is scheduled to begin

  Conduct Initial Performance Test (Demonstrate Initial Compliance)

May 11, 2005 or within 180 days after startup, whichever is later

  Notification of Compliance Status (For sources required to conduct performance test or other initial compliance demonstration; includes performance test results)

Within 60 days after completing the initial performance test or compliance demonstration

  Conduct subsequent performance tests Within 10-12 months of the Initial Performance Test, unless allowed to conduct tests less often
Compliance Alternatives Eligibility demonstration for those sources demonstrating low risk for hydrogen chloride and manganese If you start up before effective date: Comply with subpart DDDDD until eligibility demonstration is completed and submitted to permitting authority.
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If you start up after effective date: Submit preliminary eligibility demonstration and start up if permitting authority approves eligibility.
Conduct performance test upon startup and use results to complete and submit eligibility demonstration within 180 days of startup

  Site-specific fuel analysis plan for those sources demonstrating compliance through fuel analysis At least 60 days before the date you demonstrate compliance
  Implementation plan for emissions averaging Not applicable