Alaska Oil and Gas Association 

121 W. Fireweed Lane, Suite 207 

Anchorage, Alaska 99503-2035 

Phone: (907)272-1481 Fax: (907)279-8114 

Email: crockett@aoga.org 

Marilyn Crockett, Executive Director 

May 20, 2011 

Lisa Jackson, Administrator 

U.S. EPA Headquarters 

Ariel Rios Building (11011A) 

1200 Pennsylvania Ave., NW 

Washington, DC 20460 

Re: Petition for Reconsideration - 40 CFR 63 Subpart 

JJJJJJ Standards for Hazardous Air Pollutants for Area 

Sources: Industrial, Commercial, and Institutional Boilers 

(Docket ID No. EPA-HQ-OAR-2006-0790) 

Dear Ms. Jackson: 

In a letter dated August 23, 2010, the Alaska Oil and Gas Association (AOGA) submitted 

comments regarding the above rule, as proposed. In conjunction with the final version of 40 

CFR 63 Subpart JJJJJJ, promulgated on March 21, 2011, EPA provided notice of a proceeding 

for reconsideration of the final rule (76 FR 15266). In response, AOGA hereby petitions EPA 

for reconsideration of the issues identified below which were initially addressed in our comments 

on the proposed rule and discussed in a conference call with Mr. Jim Eddinger of EPA on March 

23, 2011. 

Issue No. 1 – Boiler Tune-up Requirements

As EPA is aware, allowances for cost and economic impact are appropriate for GACT. AOGA is 

very concerned about the overall ongoing cost and associated control cost effectiveness of 

GACT biennial tune-up requirements under 63.11223 for existing boilers less than 10 

MMBtu/hr. Without a de minimis threshold, the GACT requirement applies to any boiler 

regardless of size. Small distillate fired boilers in the size range of 0.5 to 3.0 MMBtu/hr are 

commonly used at facilities in Alaska. 
Ms. Jackson, Administrator Page 2 

Petition for Reconsideration 

May 20, 2011 

Based on EPA’s published emission factors (AP-42), total potential HAP emissions from 

distillate boilers are 0.01 tpy per MMBtu/hr of input capacity. What reduction in HAP does EPA 

reasonably expect from the tune up procedure? Assuming a 10% reduction, HAP emissions 

would be reduced by 0.001 tpy per MMBtu/hr. In the public record AOGA cannot find where 

EPA has evaluated the owner/operator cost, HAP emission reductions, and associated cost 

effectiveness that can be expected by conducting these specific tune-up requirements on very 

small boilers. 

AOGA encourages EPA to consider replacing the proposed biennial tune-up requirements with a 

simpler work practice standard where good combustion practice is ensured by a requirement to 

maintain boiler tuning according to the manufacturer’s specifications or an appropriate 

operator’s maintenance plan. Such an approach for GACT has already been utilized by EPA 

(e.g., RICE MACT), and importantly, would eliminate the problematic units EPA is addressing 

via the current GACT, i.e., boilers that have not been properly maintained/tuned. 

We also encourage EPA to consider a de minimis size threshold, below which no requirements 

apply due to the very low uncontrolled emission rates of such units. EPA could reasonably use 

insignificance thresholds authorized under Part 71, e.g., Alaska regulations define diesel-fired 

boilers with a heat input rating of less than 1.7 MMBtu/hr as insignificant. Such an approach 

would help eliminate the Title 5 compliance issues discussed below. 

Issue No. 2 – Area Source Rule Lacks a Temporary Boiler Exemption, Complicating Title 5 

Compliance 

Section 63.7491(j) of the major source rule excludes “temporary boilers” as defined in 63.7575. 

AOGA believes this exemption is appropriate for both the major source and area source rules. 

Alternatively, AOGA also suggests that the EPA consider an exclusion for “temporary boilers” 

rather than a exemption for “portable boilers” in the area source rule. All temporary boilers are 

portable boilers, and almost all portable boilers are relatively small (i.e., less than 10 MMBtu/hr). 

As written under 63.7575, the definition of temporary boiler implicitly includes portable boilers 

but only for units that do not remain at a location for more than 12 consecutive months. 

AOGA would stress to EPA that small, temporary/portable boilers are predominately contractor 

owned. The owner/operator of any facility where the equipment is used is subject to significant 

compliance liability because under Part 70/71 rules, the Subpart JJJJJJ work practice standards 

and associated monitoring, recordkeeping and reporting (MR&R) requirements are ultimately the 

obligation of the stationary source owner/operator. Note also that a typical contractor owned 

boiler will be used at different stationary sources that are under different ownership. Therefore, 
Ms. Jackson, Administrator Page 3 

Petition for Reconsideration 

May 20, 2011 

the compliance liabilities alternate between the contractor and multiple stationary source owners 

rather than to the contractor and a single stationary source owner. 

Compounding the problem, small boilers (typically temporary/portable units) are not currently 

included in stationary source Title V operating permits because such units have historically been 

classified as insignificant under Part 70/71. However, in the area source rule EPA has not 

included a de minimis threshold for the applicability of work practice standards (or an exemption 

for temporary/portable units), and these small boilers, regardless of size, must now be included 

in operating permits because Title V rules do not allow emission units that are subject to a 

federal requirement but that are otherwise insignificant to be omitted from permits. 

The work practice standards and MR&R timelines required by Subpart JJJJJJ simply do not 

contemplate the possibility that the affected source is temporary, raising several issues that we do 

not believe EPA adequately considered during the development of the rule. How will stationary 

source owner/operators certify compliance with Subpart JJJJJJ requirements that apply on a unitby-unit basis, to each individual temporary/portable boiler that is brought to, operated at, and 

subsequently removed from the stationary source? How will stationary source owners conduct 

biannual work practice requirements on portable/temporary boilers that may have been located at 

the source when the operating permit was issued (or the permit application filed), are therefore 

listed in the permit, but were subsequently removed, or replaced? How will the required records 

be maintained on each individual Subpart JJJJJJ affected source when it is permitted at multiple 

stationary sources? 

Based upon these complexities, AOGA does not believe that Title V operating permits are an 

appropriate way to address Subpart JJJJJJ compliance for small temporary/portable boilers that 

are not permanently located at a stationary source. We envision a very high risk of 

noncompliance and a burdensome paperwork exercise that provides no environmental benefit. 

An exemption for such units would largely eliminate these concerns. 

Issue No. 3 – Area Source Rule Lacks a Definition of Process Heater

Whether equipment at an area source is a boiler or a process heater is critical in determining rule 

applicability. However, 63.11237 does not provide a definition of process heater. AOGA 

encourages EPA to amend 63.11237 by including either the major source definition of process 

heater in 63.7575 or a similar definition. 

We also suggest EPA consider adding the following clarifying language to the definitions of 

boiler and process heater (underlined): 
Ms. Jackson, Administrator Page 4 

Petition for Reconsideration 

May 20, 2011 

Boiler means an enclosed device using controlled flame combustion in which 

water is heated to recover thermal energy in the form of steam or steam and hot 

water. Controlled flame combustion refers to a steady-state, or near steady-state, 

process wherein fuel and/or oxidizer feed rates are controlled. Waste heat boilers 

are excluded from this definition. 

Process heater means an enclosed device using controlled flame, and the unit’s 

primary purpose is to transfer heat indirectly to a process material (liquid, gas, or 

solid; raw, intermediate or finished) or to a heat transfer material (e.g., glycol or a 

mixture of glycol and water) for use in a process unit (including process or 

storage tanks), instead of generating steam. Process heaters are devices in which 

the combustion gases do not come into direct contact with process materials. A 

device combusting solid waste, as defined in § 241.3, is not a process heater 

unless the device is exempt from the definition of a solid waste incineration unit 

as provided in section 129(g)(1) of the Clean Air Act. Process heaters do not 

include units used for comfort heat or space heat, food preparation for on-site 

consumption, or autoclaves. 

The proposed changes are intended to help differentiate between boilers and process heaters. 

Consider a piece of equipment used to heat a 50-50% mix of glycol and water. The glycol 

mixture (i.e., the heat transfer material) is routed via hard-piping to a process tank where it is 

circulated in heating loops contained in the tank, to maintain the temperature of the liquid in the 

tank (the process material) at a given set point. 

Although the example equipment heats a mixture containing water, AOGA believes that it 

functions as a process heater not a boiler because it is intended to transfer heat to a process and is 

not designed to generate steam. The current definitions appear to allow this classification but our 

proposed language would eliminate unnecessary confusion when making rule applicability 

determinations. 

If you have any questions on these comments, please do not hesitate to contact me. 

 Sincerely, 

 

 MARILYN CROCKETT 

 Executive Director 
Ms. Jackson, Administrator Page 5 

Petition for Reconsideration 

May 20, 2011 

Cc: 

Gina McCarthy, Assistant Administrator 

Office of Air and Radiation 

U.S. EPA Headquarters 

Ariel Rios Building (6101A) 

1200 Pennsylvania Ave., NW 

Washington, DC 20460 

Office of General Counsel 

U.S. EPA Headquarters 

Ariel Rios Building (2344A) 

1200 Pennsylvania Ave., NW 

Washington, DC 20460 

Brian Shrager 

U.S. EPA 

Office of Air Quality Planning and Standards (D243-01) 

109 TW Alexander Drive 

Research Triangle Park, NC 27711