Subpart DDDDD—National Emission Standards For
Subpart DDDDD—National Emission Standards for Hazardous AirPollutants for Major Sources: Industrial, Commercial, andInstitutional Boilers and Process HeatersSec.What This Subpart Covers§ 63.7480 What is the purpose of this subpart?§ 63.7485 Am I subject to this subpart?§ 63.7490 What is the affected source of this subpart?§ 63.7491 Are any boilers or process heaters not subject tothis subpart?§ 63.7495 When do I have to comply with this subpart?Emission Limitations and Work Practice Standards§ 63.7499 What are the subcategories of boilers and processheaters?§ 63.7500 What emission limitations, work practice standards,and operating limits must I meet?§ 63.7501 Affirmative Defense for Violation of EmissionStandards During Malfunction. [Reserved]General Compliance Requirements§ 63.7505 What are my general requirements for complying withthis subpart?Testing, Fuel Analyses, and Initial Compliance Requirements§ 63.7510 What are my initial compliance requirements and bywhat date must I conduct them?§ 63.7515 When must I conduct subsequent performance tests,fuel analyses, or tune-ups?§ 63.7520 What stack tests and procedures must I use?§ 63.7521 What fuel analyses, fuel specification, andprocedures must I use?§ 63.7522 Can I use emissions averaging to comply with thissubpart?§ 63.7525 What are my monitoring, installation, operation, andmaintenance requirements?§ 63.7530 How do I demonstrate initial compliance with theemission limitations, fuel specifications and work practicestandards?§ 63.7533 Can I use efficiency credits earned fromimplementation of energy conservation measures to comply withthis subpart?Continuous Compliance Requirements§ 63.7535 Is there a minimum amount of monitoring data I mustobtain?1
§ 63.7540 How do I demonstrate continuous compliance with theemission limitations, fuel specifications and work practicestandards?§ 63.7541 How do I demonstrate continuous compliance under theemissions averaging provision?Notification, Reports, and Records§ 63.7545 What notifications must I submit and when?§ 63.7550 What reports must I submit and when?§ 63.7555 What records must I keep?§ 63.7560 In what form and how long must I keep my records?Other Requirements and Information§ 63.7565 What parts of the General Provisions apply to me?§ 63.7570 Who implements and enforces this subpart?§ 63.7575 What definitions apply to this subpart?Tables to Subpart DDDDD of Part 63Table 1 to Subpart DDDDD of Part 63—Emission Limits for New orReconstructed Boilers and Process HeatersTable 2 to Subpart DDDDD of Part 63—Emission Limits for ExistingBoilers and Process HeatersTable 3 to Subpart DDDDD of Part 63—Work Practice StandardsTable 4 to Subpart DDDDD of Part 63—Operating Limits for Boilersand Process HeatersTable 5 to Subpart DDDDD of Part 63—Performance TestingRequirementsTable 6 to Subpart DDDDD of Part 63—Fuel Analysis RequirementsTable 7 to Subpart DDDDD of Part 63—Establishing OperatingLimitsTable 8 to Subpart DDDDD of Part 63—Demonstrating ContinuousComplianceTable 9 to Subpart DDDDD of Part 63—Reporting RequirementsTable 10 to Subpart DDDDD of Part 63—Applicability of GeneralProvisions to Subpart DDDDDTable 11 to Subpart DDDDD of Part 63—Toxic Equivalency Factorsfor Dioxins/FuransTable 12 to Subpart DDDDD of Part 63—Alternative Emission Limitsfor New or Reconstructed Boilers and Process Heaters ThatCommenced Construction or Reconstruction After June 4, 2010, andBefore May 20, 2011Table 13 to Subpart DDDDD of Part 63—Alternative Emission Limitsfor New or Reconstructed Boilers and Process Heaters ThatCommenced Construction or Reconstruction After December 23,2011, and Before January 31, 2013What This Subpart Covers2
§ 63.7480What is the purpose of this subpart?This subpart establishes national emission limitations andwork practice standards for hazardous air pollutants (HAP)emitted from industrial, commercial, and institutional boilersand process heaters located at major sources of HAP. Thissubpart also establishes requirements to demonstrate initial andcontinuous compliance with the emission limitations and workpractice standards.§ 63.7485Am I subject to this subpart?You are subject to this subpart if you own or operate anindustrial, commercial, or institutional boiler or processheater as defined in § 63.7575 that is located at, or is partof, a major source of HAP, except as specified in § 63.7491. Forpurposes of this subpart, a major source of HAP is as defined in§ 63.2, except that for oil and natural gas productionfacilities, a major source of HAP is as defined in § 63.7575.§ 63.7490What is the affected source of this subpart?(a) This subpart applies to new, reconstructed, andexisting affected sources as described in paragraphs (a)(1) and(2) of this section.(1) The affected source of this subpart is the collectionat a major source of all existing industrial, commercial, and3
institutional boilers and process heaters within a subcategoryas defined in § 63.7575.(2) The affected source of this subpart is each new orreconstructed industrial, commercial, or institutional boiler orprocess heater, as defined in § 63.7575, located at a majorsource.(b) A boiler or process heater is new if you commenceconstruction of the boiler or process heater after June 4, 2010,and you meet the applicability criteria at the time you commenceconstruction.(c) A boiler or process heater is reconstructed if you meetthe reconstruction criteria as defined in § 63.2, you commencereconstruction after June 4, 2010, and you meet theapplicability criteria at the time you commence reconstruction.(d) A boiler or process heater is existing if it is not newor reconstructed.(e) An existing electric utility steam generating unit(EGU) that meets the applicability requirements of this subpartafter the effective date of this final rule due to a change(e.g., fuel switch) is considered to be an existing source underthis subpart.§ 63.7491Are any boilers or process heaters not subject tothis subpart?4
The types of boilers and process heaters listed in paragraphs(a) through (n) of this section are not subject to this subpart.(a) An electric utility steam generating unit (EGU) coveredby subpart UUUUU of this part or a natural gas-fired EGU asdefined in subpart UUUUU of this part firing as least 85 percentnatural gas on an annual heat input basis.(b) A recovery boiler or furnace covered by subpart MM ofthis part.(c) A boiler or process heater that is used specificallyfor research and development, including test steam boilers usedto provide steam for testing the propulsion systems on militaryvessels. This does not include units that provide heat or steamto a process at a research and development facility.(d) A hot water heater as defined in this subpart.(e) A refining kettle covered by subpart X of this part.(f) An ethylene cracking furnace covered by subpart YY ofthis part.(g) Blast furnace stoves as described in EPA-453/R-01-005(incorporated by reference, see § 63.14).(h) Any boiler or process heater that is part of theaffected source subject to another subpart of this part, such asboilers and process heaters used as control devices to complywith subparts JJJ, OOO, PPP, and U of this part.5
(i) Any boiler or process heater that is used as a controldevice to comply with another subpart of this part, or part 60,part 61, or part 65 of this chapter provided that at least 50percent of the average annual heat input during any 3consecutive calendar years to the boiler or process heater isprovided by regulated gas streams that are subject to anotherstandard.(j) Temporary boilers and process heaters as defined inthis subpart.(k) Blast furnace gas fuel-fired boilers and processheaters as defined in this subpart.(l) Any boiler or process heater specifically listed as anaffected source in any standard(s) established under section 129of the Clean Air Act.(m) A unit that burns hazardous waste covered by SubpartEEE of this part. A unit that is exempt from Subpart EEE asspecified in § 63.1200(b) is not covered by Subpart EEE.(n) Residential boilers as defined in this subpart.§ 63.7495When do I have to comply with this subpart?(a) If you have a new or reconstructed boiler or processheater, you must comply with this subpart by January 31April 1,2013, or upon startup of your boiler or process heater,whichever is later.6
(b) If you have an existing boiler or process heater, youmust comply with this subpart no later than January 31, 2016,except as provided in § 63.6(i).(c) If you have an area source that increases its emissionsor its potential to emit such that it becomes a major source ofHAP, paragraphs (c)(1) and (2) of this section apply to you.(1) Any new or reconstructed boiler or process heater atthe existing source must be in compliance with this subpart uponstartup.(2) Any existing boiler or process heater at the existingsource must be in compliance with this subpart within 3 yearsafter the source becomes a major source.(d) You must meet the notification requirements in§ 63.7545 according to the schedule in § 63.7545 and in subpartA of this part. Some of the notifications must be submittedbefore you are required to comply with the emission limits andwork practice standards in this subpart.(e) If you own or operate an industrial, commercial, orinstitutional boiler or process heater and would be subject tothis subpart except for the exemption in § 63.7491(l) forcommercial and industrial solid waste incineration units coveredby part 60, subpart CCCC or subpart DDDD, and you ceasecombusting solid waste, you must be in compliance with thissubpart and are no longer subject to part 60, subparts CCCC or7
DDDD beginning on the effective date of the switch from waste tofuel.as identified under the provisions of § 60.2145(a)(2) and(3) or § 60.2710(a)(2) and (3).(f) If you own or operate an existing EGU that becomessubject to this subpart after January 31, 20132016, you must bein compliance with the applicable existing source provisions ofthis subpart on the effective date such unit becomes subject tothis subpart.(g) If you own or operate an existing industrial,commercial, or institutional boiler or process heater and wouldbe subject to this subpart except for a exemption in§ 63.7491(i) that becomes subject to this subpart after January31, 2013, you must be in compliance with the applicable existingsource provisions of this subpart within 3 years after such unitbecomes subject to this subpart.(h) If you own or operate an existing industrial,commercial, or institutional boiler or process heater and haveswitched fuels or made a physical change to the boiler orprocess heater that resulted in the applicability of a differentsubcategory after the compliance date of this subpart, you mustbe in compliance with the applicable existing source provisionsof this subpart on the effective date of the fuel switch orphysical change.8
(i) If you own or operate a new industrial, commercial, orinstitutional boiler or process heater and have switched fuelsor made a physical change to the boiler or process heater thatresulted in the applicability of a different subcategory, youmust be in compliance with the applicable new source provisionsof this subpart on the effective date of the fuel switch orphysical change.Emission Limitations and Work Practice Standards§ 63.7499What are the subcategories of boilers and processheaters?The subcategories of boilers and process heaters, asdefined in § 63.7575 are:(a) Pulverized coal/solid fossil fuel units.(b) Stokers designed to burn coal/solid fossil fuel.(c) Fluidized bed units designed to burn coal/solid fossilfuel.(d) Stokers/sloped grate/other units designed to burn kilndried biomass/bio-based solid.(e) Fluidized bed units designed to burn biomass/bio-basedsolid.(f) Suspension burners designed to burn biomass/bio-basedsolid.(g) Fuel cells designed to burn biomass/bio-based solid.9
(h) Hybrid suspension/grate burners designed to burn wetbiomass/bio-based solid.(i) Stokers/sloped grate/other units designed to burn wetbiomass/bio-based solid.(j) Dutch ovens/pile burners designed to burn biomass/biobased solid.(k) Units designed to burn liquid fuel that are noncontinental units.(l) Units designed to burn gas 1 fuels.(m) Units designed to burn gas 2 (other) gases.(n) Metal process furnaces.(o) Limited-use boilers and process heaters.(p) Units designed to burn solid fuel.(q) Units designed to burn liquid fuel.(r) Units designed to burn coal/solid fossil fuel.(s) Fluidized bed units with an integrated fluidized bedheat exchanger designed to burn coal/solid fossil fuel.(t) Units designed to burn heavy liquid fuel.(u) Units designed to burn light liquid fuel.§ 63.7500What emission limitations, work practice standards,and operating limits must I meet?(a) You must meet the requirements in paragraphs (a)(1)through (3) of this section, except as provided in paragraphs(b),) through (e) of this section. You must meet these10
requirements at all times the affected unit is operating, exceptas provided in paragraph (f) of this section.(1) You must meet each emission limit and work practicestandard in Tables 1 through 3, and 11 through 13 to thissubpart that applies to your boiler or process heater, for eachboiler or process heater at your source, except as providedunder § 63.7522. The output-based emission limits, in units ofpounds per million Btu of steam output, in Tables 1 or 2 to thissubpart are an alternative applicable only to boilers andprocess heaters that generate steam.either steam, cogeneratesteam with electricity, or both. The output-based emissionlimits, in units of pounds per megawatt-hour, in Tables 1 or 2to this subpart are an alternative applicable only to boilersthat generate electricity.only electricity. Boilers that performmultiple functions (cogeneration and electricity generation) orsupply steam to common headers would calculate a total steamenergy output using equation 21 of §63.7575 to demonstratecompliance with the output-based emission limits, in units ofpounds per million Btu of steam output, in Tables 1 or 2 to thissubpart. If you operate a new boiler or process heater, you canchoose to comply with alternative limits as discussed inparagraphs (a)(1)(i) through (a)(1)(iii) of this section, but onor after January 31, 2016, you must comply with the emissionlimits in Table 1 to this subpart.11
(i) If your boiler or process heater commenced constructionor reconstruction after June 4, 2010 and before May 20, 2011,you may comply with the emission limits in Table 1 or 11 to thissubpart until January 31, 2016.(ii) If your boiler or process heater commencedconstruction or reconstruction on or after May 20, 2011 andbefore December 23, 2011, you may comply with the emissionlimits in Table 1 or 12 to this subpart until January 31, 2016.(iii) If your boiler or process heater commencedconstruction or reconstruction on or after December 23, 2011 andbefore January 31April 1, 2013, you may comply with the emissionlimits in Table 1 or 13 to this subpart until January 31, 2016.(2) You must meet each operating limit in Table 4 to thissubpart that applies to your boiler or process heater. If youuse a control device or combination of control devices notcovered in Table 4 to this subpart, or you wish to establish andmonitor an alternative operating limit or an alternativemonitoring parameter, you must apply to the EPA Administratorfor approval of alternative monitoring under § 63.8(f).(3) At all times, you must operate and maintain anyaffected source (as defined in § 63.7490), including associatedair pollution control equipment and monitoring equipment, in amanner consistent with safety and good air pollution controlpractices for minimizing emissions. Determination of whether12
such operation and maintenance procedures are being used will bebased on information available to the Administrator that mayinclude, but is not limited to, monitoring results, review ofoperation and maintenance procedures, review of operation andmaintenance records, and inspection of the source.(b) As provided in § 63.6(g), EPA may approve use of analternative to the work practice standards in this section.(c) Limited-use boilers and process heaters must complete atune-up every 5 years as specified in § 63.7540. They are notsubject to the emission limits in Tables 1 and 2 or 11 through13 to this subpart, the annual tune-up, or the energy assessmentrequirements in Table 3 to this subpart, or the operating limitsin Table 4 to this subpart.(d) Boilers and process heaters with a heat input capacityof less than or equal to 5 million Btu per hour in the unitsdesigned to burn gas 2 (other) fuels subcategory or unitsdesigned to burn light liquid fuels subcategory must complete atune-up every 5 years as specified in § 63.7540.(e) Boilers and process heaters in the units designed toburn gas 1 fuels subcategory with a heat input capacity of lessthan or equal to 5 million Btu per hour must complete a tune-upevery 5 years as specified in § 63.7540. Boilers and processheaters in the units designed to burn gas 1 fuels subcategorywith a heat input capacity greater than 5 million Btu per hour13
and less than 10 million Btu per hour must complete a tune-upevery 2 years as specified in § 63.7540. Boilers and processheaters in the units designed to burn gas 1 fuels subcategoryare not subject to the emission limits in Tables 1 and 2 or 11through 13 to this subpart, or the operating limits in Table 4to this subpart.(f) These standards apply at all times the affected unit isoperating, except during periods of startup and shutdown duringwhich time you must comply only with items 5 and 6 of Table 3 tothis subpart.§ 63.7501Affirmative Defense for Violation of EmissionStandards During Malfunction.In response to an action to enforce the standards set forthin § 63.7500 you may assert an affirmative defense to a claimfor civil penalties for violations of such standards that arecaused by malfunction, as defined at § 63.2. Appropriatepenalties may be assessed if you fail to meet your burden ofproving all of the requirements in the affirmative defense. Theaffirmative defense shall not be available for claims forinjunctive relief.(a) Assertion of affirmative defense. To establish theaffirmative defense in any action to enforce such a standard,you must timely meet the reporting requirements in paragraph (b)14
of this section, and must prove by a preponderance of evidencethat:(1) The violation:(i) Was caused by a sudden, infrequent, and unavoidablefailure of air pollution control equipment, process equipment,or a process to operate in a normal or usual manner; and(ii) Could not have been prevented through carefulplanning, proper design, or better operation and maintenancepractices; and(iii) Did not stem from any activity or event that couldhave been foreseen and avoided, or planned for; and(iv) Was not part of a recurring pattern indicative ofinadequate design, operation, or maintenance; and(2) Repairs were made as expeditiously as possible when aviolation occurred; and(3) The frequency, amount, and duration of the violation(including any bypass) were minimized to the maximum extentpracticable; and(4) If the violation resulted from a bypass of controlequipment or a process, then the bypass was unavoidable toprevent loss of life, personal injury, or severe propertydamage; and15
(5) All possible steps were taken to minimize the impact ofthe violation on ambient air quality, the environment, and humanhealth; and(6) All emissions monitoring and control systems were keptin operation if at all possible, consistent with safety and goodair pollution control practices; and(7) All of the actions in response to the violation weredocumented by properly signed, contemporaneous operating logs;and(8) At all times, the affected source was operated in amanner consistent with good practices for minimizing emissions;and(9) A written root cause analysis has been prepared, thepurpose of which
(d) You must meet the notification requirements in § 63.7545 according to the schedule in § 63.7545 and in subpart A of this part. Some of the notifications must be submitted before you are required to comply with the emission limits and work practice standards in this subpart. (e) If
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CFR 63 Subpart DDDDD - NESHAP for Industrial Boilers, 40 CFR 63 Subpart MMMM - NESHAP for Surface Coating of Miscellaneous Metal Parts and Products and 40 CFR 63 Subpart PPPPP - NESHAP for Engine Test Cell/Stands. Th
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