Interim Instructions for Those Affected by Vacatur of Boiler NESHAP

September 10, 2007

The following message pertains to 40 CFR Subpart DDDDD—National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial, and Institutional Boilers and Process Heaters

The DC Circuit Court issued a mandate July 30 vacating the Boiler NESHAP. This means the federal standard, as written, no longer exists. The court ruled that the Environmental Protection Agency (EPA) should completely rewrite the Boiler NESHAP.

This decision has raised a lot of questions for the Iowa Dept of Natural Resources (DNR), EPA, NACAA, and the industry. The DNR is currently evaluating options and waiting on EPA guidance to determine how to proceed.

In the meantime these requirements still exist in the 567 Iowa Administrative Code (IAC) 23.1(4)“dd” and in some construction and/or Title V operating permits. Therefore, the DNR is directing the affected facilities to apply for a six-month variance from the NESHAP requirements until questions surrounding the vacatur are resolved.

Who needs a variance?

The only facilities that need to apply for a variance are those with a September 13, 2007 or sooner compliance date and those that are already complying (new sources since January 2003). This is needed whether or not subject facilities have a permit citing 40 CFR Subpart DDDDD or IAC 23.1(4)“dd.”

From what do facilities need a variance?

• IAC 23.1(4)“dd”
• Any reference to 40 CFR Subpart DDDDD in construction or Title V permits
• Specific emission limits, monitoring, testing, or recordkeeping requirements which are included in permits solely because of Subpart DDDDD applicability

What will the DNR exclude from a variance?

The DNR will not issue a variance from emission limits required by other rules. Since some requirements may have been established in permits for reasons other than the Boiler NESHAP, the DNR will conduct a case-by-case review of each request. The DNR will respond to each facility in writing whether the variance has been approved.

What should be included in a variance request?

• Name, address, and telephone number of the person submitting the request
• Facility name and plant number
• Identification of the applicable units
• Relevant permit numbers (construction and/or Title V) if they have permits with references to Subpart DDDDD and/or IAC 23.1(4)“dd”
• Signature of the responsible official

When should the variance request be submitted?

Facilities should submit variance requests to the DNR by September 13, 2007.

Where should the variance request be sent?

Brian Hutchins
Iowa DNR – Air Quality Bureau
7900 Hickman Rd, Suite 1
Urbandale , IA 50322

If you have additional questions, contact Brian Hutchins at (515) 281-8448 or brian.hutchins@dnr.iowa.gov