Sample Notification of Intent to Comply FormThe HWC NESHAP, as promulgated on September 30, 1999, required that existing sources submit a Notification of Intent to Comply (NIC) to their regulatory agencies by October 2, 2000 (see 64 FR 53063). The Court of Appeals for the District of Columbia issued a mandate to vacate the NIC provisions on October 11, 2000. In response to the court's vacatur, EPA removed these provisions from the Code of Federal Regulations on May 14, 2001 (see 66 FR 24270).
However, with the finalization of the Phase 1 Replacement Standards and Phase 2 Standards rule on October 12, 2005, we have re-instituted the NIC provisions. See 40 CFR §§63.1210(b) and (c) and 63.FR 33782), with one exception. Phase 1 sources that do not need to make upgrades to comply with the Replacement Standards and that had previously completed the NIC process under the 1999 standards, are not required to go through the process again.
Below is a sample NIC form that we made available to sources on the Toolkit site when it was originally posted. We provided the sample as a guidance tool that sources could refer to when developing their NICs. Phase 1 sources (when applicable) and Phase 2 sources that are subject to today's final standards may also refer to the sample provided. The format should not be viewed as the only possible format or model available to sources. Rather, it is only one example of how a source may present the information required under the NIC provisions.Sample NIC Form (PDF) (8 pp, 90K, About PDF)