Boiler MACT (Subpart 5D) and CISWI / NHSM

Major and Area Source Boilers,
Commercial/Industrial Solid Waste Incinerators (CISWI) and
Non-Hazardous Secondary Materials (NHSM) relationship

Recently the EPA made changes to the emissions standards for large and small boilers, and incinerators that burn solid waste. Boiler and incinerator regulations are closely related because similar units may be considered boilers or incinerators based on whether or not they burn solid waste materials. Most commonly, boilers burn fuel to produce steam used in various processes such as electricity or heat production, while incinerators burn waste for disposal and/or to recover energy.

The non-hazardous secondary materials (NHSM) rule provides definitions to determine which non-hazardous secondary materials would be considered solid waste and which would be considered fuel. This distinction determines which set of federal rules (Boiler MACT/GACT or CISWI) rules are applicable. Please refer to the EPA for further information.

North Carolina has developed guidance for the Boiler MACT/GACT, CISWI / NHSM rules:

Boiler MACT Compliance Requirements Due Dates and Emission Limits Requirements Summary Tables are shown below:

Boiler MACT Compliance Requirements Due Dates

  Tune-up Energy assessment Performance test Notification of
Compliance Status
Existing Compliance Date (CD) 180 days after CD 60 days after
performance test
1/31/2016 by 7/31/2016 by 9/30/2016
New 1/31/13 or startup,
whichever is later
Not required by 7/30/13, or within
180 days of startup,
whichever is later
60 days after
performance test
 Performance tests includes results of any emission tests, fuel analyses, and operating parameter limits.
 Notification of Compliance Status includes submittal of description of affected unit(s) and results of tune-up,
 energy assessment, performance tests, any emission averaging, and all other compliance issues.

Boiler MACT Requirements Summary for New and Existing Units, Ref. Tables 1-3 in Rule

Compliance Requirement Factors Work Practice Requirements
Heat Input Capacity,
MMBtu/hr
Use Fuel Oxygen Trim Tune-up Frequency Energy Assessment Startup Emission Limits
New and Existing Units New Units Existing Units New and Existing Units
≤ 5 Normal use, Annual heat input capacity
factor > 10%
Gas 1 No Every 5 years No One time None None
Gas 2
#1,2 oil
≤ 5 Normal use, Annual heat input capacity
factor > 10%
#4-6 oil No Every 2 years No One time None None
Biomass, Coal
Between 5 and 10 Normal use, Annual heat input capacity
factor > 10%
Gas 1 No Every 2 years No One time Burn clean fuel PM, HCl, Mercury, CO
Gas 2
#1,2 oil
#4-6 oil
Biomass, Coal
≥ 10 Normal use, Annual heat input capacity
factor > 10%
Any No Every year No One time Burn clean fuel PM, HCl, Mercury, CO
Any Normal use, Annual heat input capacity
factor > 10%
Any Yes Every 5 years No One time Burn clean fuel PM, HCl, Mercury, CO
Any Limited use,
≤ 10% annual capacity factor
Any Not apply Every 5 years No No None None
 Existing Units:

 - Compliance date is Jan 31, 2016 for completing initial tune-up and energy assessment along with installing
   controls for achieving emission limits and establishing startup/ shutdown procedures.

 - Initial performance evaluation (emission tests) must be completed no later than July 29, 2016.

 - Notification of Compliance Status must be submitted within 60 days after the completion of all performance
   tests (no later than Sept 29, 2016.); include all other initial compliance demonstrations for fuel analyses,
   operating parameter limits, tune-up, and energy assessment.

 New Units:

 - Compliance date is Jan 31, 2013 or upon startup, whichever is later, including tune-ups, startup/shutdown
   procedures, and emission limits. New units are those that began operation on or after June 4, 2010.
   Initial Notification of Compliance Status must be submitted no later than July 30, 2013.

 - Initial performance evaluation (emission tests) must be completed no later than July 30, 2013, or 180 days
   after the date of initial startup, whichever is later.

 - Notification of Compliance Status must be submitted within 60 days after the completion of all performance
   tests; include all other initial compliance demonstrations for fuel analyses, operating parameter limits,
   and tune-up.

  Clean fuels for startup = natural gas, synthetic natural gas, propane, distillate oil, syngas, ultra-low
  sulfur diesel, fuel oil-soaked rags, kerosene, hydrogen, paper, cardboard, refinery gas, and
  liquefied petroleum gas.