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Industrial/Commercial/Institutional Boilers
and Process Heaters NESHAP Summary


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2. What Type Units Are NOT Affected by the Final Boiler MACT Rule?

US EPA Combustion - Air Rules Web Site

water heaterWaste heat boilers are excluded from the definition of boiler. A waste heat boiler (or heat recovery steam generator) means a device, without controlled flame combustion, that recovers normally unused energy and converts it to usable heat. Waste heat boilers incorporating duct or supplemental burners that are designed to supply 50 percent or more of the total rated heat input capacity of the waste heat boiler are considered boilers and not waste heat boilers. Emissions from a combustion unit with a waste heat boiler are regulated by the applicable standards for the particular type of combustion unit. For example, emissions from a commercial or industrial solid waste incineration unit, or other incineration unit with a waste heat boiler are regulated by standards established under section 129 of the Clean Air Act.

Hot water heaters also are not regulated under the final rule. A hot water heater is a closed vessel, with a capacity of no more than 120 U.S. gallons, in which water is heated by combustion of gaseous or liquid fuel and is withdrawn for use external to the vessel at pressures not exceeding 160 pounds per square inch gauge and water temperatures not exceeding 210 degree Fahrenheit (99 degrees Celsius).

Temporary boilers also are not regulated under the final rule. A temporary boiler is any gaseous or liquid fuel-fired boiler that is designed, and is capable of, being carried or moved from one location to another, and remains at any one location for less than 180 consecutive days. Additionally, any new temporary boiler that replaces an existing temporary boiler and is intended to perform the same or similar function will be included in the determination of the consecutive 180-day time period.

Boilers or process heaters that are used specifically for research and development are not regulated under the final rule. However, units that only provide steam to a process at a research and development facility are still subject to the final rule. Process heaters do not include units used for comfort heat or space heat, food preparation for on-site consumption, or autoclaves.

Boilers & Process Heaters NOT subject to Boiler MACT

See Boiler MACT Rule (40 CFR 63.7491)
  • Municipal waste combustor covered by 40 CFR part 60, subpart AAAA, subpart BBBB, subpart Cb or subpart Eb
  • Hospital/medical/infectious waste incinerator covered by 40 CFR part 60, subpart Ce or subpart Ec
  • An electric utility steam generating unit that is a fossil fuel-fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale
  • Hazardous waste boilers
  • Commercial and industrial solid waste incineration unit covered by 40 CFR part 60, subpart CCCC or subpart DDDD
  • Recovery boiler or furnace covered by 40 CFR part 63, subpart MM
  • Boiler or process heater that is used specifically for research and development
  • Hot water heater < 120 gallons
  • Refining kettle covered by 40 CFR part 63, subpart X
  • Ethylene cracking furnace covered by 40 CFR part 63, subpart YY
  • Blast furnace stoves
  • Any boiler and process heater specifically listed as an affected source in another standard(s) under 40 CFR part 63
  • Any boiler and process heater specifically listed as an affected source in another standard(s) established under section 129 of the CAA
  • Temporary boilers
  • Blast furnace gas fuel-fired boilers and process heaters

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