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  • Allison Stalker

EPA Publishes New Area Source NESHAP Regulations

Updated: Aug 29, 2023

On February 21, 2011, the new boiler area source final rules were signed by the Environmental Protection Agency (EPA) Administrator. Area sources are any source that emits less than 10 tons per year of any single air toxic or 25 tons per year of any combination of air toxics. Most of the boilers under this rule are located at commercial and industrial facilities. These facilities include laundries, apartments, hotels, schools, churches, medical centers, municipal buildings, manufacturing, refining, processing, etc.

This rule only applies to boilers at area sources that burn coal, oil, biomass, or other solid and liquid non-waste materials. This does NOT include boilers that burn only gaseous fuels or solid waste.


The rule separates boilers by three criteria: the type of fuel burned, whether the boiler is new or existing, and the size of the boiler. There are two size categories, large area source boilers have a heat input capacity of 10 MMBtu/hr or more. Small area source boilers have a heat input capacity less than 10 MMBtu/hr.


Under the new rule, all new and existing small boilers, regardless of fuel type, will be required to get a tune-up every other year. Existing large boilers that burn coal, oil, or biomass are required to obtain a one-time energy assessment that assesses the boiler and its energy use systems. New and existing large boilers that burn coal will have emission limits for Hg and CO and only new large boilers will have emission limits for PM. Finally, new and existing large boilers that burn biomass or oil will be required to get a tune-up every other year. A table summarizing these requirements can be found here.


The new rule also requires certain reports to verify compliance with the rule. All area source boilers will require an Initial Notification and a Notification of Compliance. Certifications of energy assessments and tune-ups are required, if applicable. If the boilers are subject to emission limits, a Compliance Certification Report is required by March 1 of each year. All other boilers must submit this report every other year. The first deadline for all area sources is the submittal of the Initial Notification of Applicability due September 17, 2011. A guide to all compliance requirements, due dates, and requirements for tune-ups and energy assessments can be found here.


The EPA is also proposing new standards for major sources. On May 18, 2011, the EPA published a notice delaying the effective date of this rule.


The final rule, 40 CFR Part 63 Subpart JJJJJ, can be accessed here.


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