Boiler Compliance Requirements for Area Sources, 40 CFR 63 subpart JJJJJJ

On December 20, 2012, and again on September 14, 2016, the U.S. Environmental Protection Agency (U.S. EPA) finalized changes to the rule (40 CFR Part 63, Subpart JJJJJJ) regulating existing and new industrial, commercial, and institutional boilers located at area source facilities. An area source facility emits or has the potential to emit less than 10 tons per year (tpy) of any single air toxic or less than 25 tpy of any combination of air toxics. The final rule applies to boilers located at area source facilities that burn coal, oil, biomass, or non-waste materials, but not boilers that burn only gaseous fuels (including but not limited to natural gas, process gas, landfill gas, hydrogen, LPG) and or any solid waste as defined in 40 CFR Part 241. The vast majority of area source boilers are estimated to be located at commercial and institutional facilities and generally owned or operated by small entities.

Boilers Exempt from the Area Source Boiler MACT Requirements

The following list of boilers at area sources are exempt from the requirements of 40 CFR 63, JJJJJJ.

  • Gas-fired (natural gas, process gas, bio-gas) boiler
  • Temporary boiler
  • Residential boiler
  • Electric boiler
  • A boiler that is specifically used for research and design

Reporting Requirements

Area sources are to submit a Notice of Applicability to the U.S. EPA Region 5 by January 20, 2014 or within 120 days after start-up. Courtesy copies may be mailed to IDEM’s Office of Air Quality (OAQ), Compliance Branch.

Indiana Department of Environmental Management
Office of Air Quality Compliance Branch MC 61-53
100 North Senate Avenue IGCN 1003
Indianapolis, IN 46204-2251

The U.S. EPA has template documents available to assist in creating and submitting the Notification of Compliance Status and they can be submitted through the U.S. EPA’s Central Data Exchange (CDX).

Energy Assessments

New boilers are those having commenced construction or reconstruction after June 4, 2010.

Energy assessments provide owners and operators of boilers opportunities to reduce energy usage and increase efficiency of their systems. The U.S. EPA does not require owners and operators of boilers to implement recommendations made by the assessment. A one-time energy assessment was required by March 12, 2014 for area source boilers subject to this requirement. New and limited use boilers are not subject to this requirement.

Existing Boiler Subcategory Boiler Capacity
Liquid Fuel (used oil, bio diesel, fuel oil, bio fuel, vegetable oil) ≥ 10 MMBTU/hr
Biomass ≥ 10 MMBTU/hr
Coal ≥ 10 MMBTU/hr
Seasonal Boilers ≥ 10 MMBTU/hr
Energy Assessment Resources


The purpose of a boiler tune-up is to evaluate the boiler operating efficiency and make adjustments as needed.

Existing Boilers Subcategories Boiler Capacity Initial Tune-up Compliance Date Tune-up Frequency
Liquid Fuel (used oil, biodiesel, fuel oil, biofuel, vegetable oil) Any Capacity 03/21/2014 Every five (5) years for boilers with an oxygen trim system, otherwise every two (2) years
Bio Mass (solid fuel that is not solid waste, i.e., wood residue, wood products) Any Capacity 03/21/2014 Every five (5) years for boilers with an oxygen trim system, otherwise every two (2) years
Coal Any Capacity 03/21/2014 Every five (5) years for boilers with an oxygen trim system, otherwise every two (2) years
Seasonal and Limited-Use Boilers Any Capacity 03/21/2014 Every five (5) years

New boilers must conduct a tune-up within 25 or 61 months of start-up depending on their fuel source subcategory.

Tune Up Resources

What requirements do I have for my boiler?

Area source boilers are also subject to performance testing and one-time energy assessments depending on the age, capacity, and fuel-type category. If you are unsure whether you are subject to these requirements, select from either “New” or “Existing” from the fuel categories listed below for details on your specific requirements. Please note area source boilers included within the process gas fuel-type category are not subject to this rule.

Has your fuel subcategory changed?

If so, you must provide notice of the date upon which you switched fuels or made the physical change.

Notification must identify:

  • The name of the owner or operator of the affected source
  • The location of the source
  • The boiler(s) that have switched fuels or were physically changed
  • The permit limit taken (if applicable)
  • The date of the notice
  • The date upon which the fuel switch, physical change, or permit limit occurred. The boiler(s) must also be in compliance with the New Fuel Source subcategory within 180 days of the effective date of the fuel switch. Notification of such changes must be submitted according to §63.11225(g).

Process gas boilers that have liquid fuel for back-up will still fall under the Process Gas category if the usage of liquid fuel is limited to 48 hours or less per year and the liquid fuel is utilized during a period of gas curtailment or supply interruption.

Other Resources