ILLINOIS
ENVIRONMENTAL REGULATORY GROUP WORK PRODUCT (6/23/06)
NATIONWIDE SURVEY OF NOX RACT
IMPLEMENTATION/INDUSTRIAL BOILER FOCUS
Pursuant to the
Clean
Air
Act ("CAA"), 42 U.S.C. §§ 7401-7571q (2006), states with
areas classified as ozone nonattainment by the United States Environmental
Protection Agency
("USEPA") are required to develop nonattainment plans, which provide for "the implementation
of all reasonably
available control measures as expeditiously as practicable (including such
reductions in emissions from existing sources in the area
as may be obtained through the
adoption, at a minimum, of reasonably available control technology)
and shall provide for
attainment
of the national primary ambient air quality standards." 42 U.S.C.
§
7502(c)(1).
Additionally, the
CAA regulates nitrogen oxides ("NOx") emissions and requires some state
plans to implement reasonably available control technology
("RACT") for specific NOx
emissions. 42 U.S.C. § 7511a(f). RACT is defined as the "lowest
emission limitation that a
particular
source is capable of meeting by the application of control technology
that is reasonably
available considering technological
and economic feasibility." Final Rule to Implement 8-Hour
Ozone National Ambient Air Quality
Standard - Phase 2, 70 Fed. Reg. 71612, 71652 (Nov. 29,
2005) (to be codified at 40 C.F.R. Parts 51, 52 and 80) (citing
44 Fed. Reg. 53762 (September
17, 1979));
see also 40 C.F.R. § 51.100(o) (2006) (defining RACT for purposes of
State
Implementation Plan ("SIP") requirements.)
In response to your request to conduct a nationwide survey
on NOx RACT
implementation, we have
prepared the following summary of our findings. Due to the broad
scope of the regulations,
this
memorandum
focuses on state industrial boiler limits that have
been approved by the USEPA as RACT.
I. ILLINOIS
PROPOSAL
Although Illinois was granted a waiver from
NOx RACT requirements under the 1-Hour
Ozone
National Ambient
Air Quality Standard ("NAAQS"), it is now subject to
the requirement
to develop NOx RACT
standards under the 8-Hour
Ozone
NAAQS. The Illinois Environmental
Protection Agency ("IEPA") is in
the process of developing NOx RACT rules for Illinois.
IEPA
is considering establishing NOx emission limits for a variety
of emission units, including
industrial
boilers. The IEPA proposed limitations are as follows:
EXHIBIT A
Electronic Filing - Received, Clerk's Office, November 25, 2008
* * * * * Exhibits to Hirner Testimony * * * * *
Proposed Limits for NOx Sources
Category and Fuel
Type
S ize
Unit Type
S uggested
NOx Limit
ICI Boilers
mmBtu/hr
Lb/mmBtu
Natural Gas
>100
Single Burner
0.05
>100
Multiple Burners
0.06
Residual Fuel Oil
>100
Single Burner
0.06
>100
Multiple Burners
0.06
Distillate Fuel Oil
>100
Single Burner
0.07
>100
Multiple Burners
0.10
Coal-Wall
>100
PC Wall-fired
0.14
Coal-Tangential
>100
PC-Tangential
0.12
Coal-Stoker
>100
All Stokers
0.22
Coal-FBC
>100
FBC
0.08
Wood/Non-Fossil
solid fuel
>100
All Stokers
0.11
Other Gaseous Fuels
(e.g., process Gas)
>100
Single Burner/
Multiple Burner
0.05/0.06
Other Liquid Fuels
(e.g., Liquid Waste)
>100
Single Burner/
Multiple Burner
0.07/0.10
N. Gas
50-100
All
Comb. Tuning
Distillate Fuel Oil
50-100
All
Comb. Tuning
Residual Fuel Oil
50-100
All
Comb. Tuning
Coal
50-100
All
Comb. Tuning
Wood/Non-Fossil
solid Fuel
50-100 ,
1
Stoker
Comb. Tuning
Other Gaseous Fuels
50-100
All
Comb. Tuning
Other Liquid Fuels
50-100
All
Comb. Tuning
II. OZONE TRANSPORT COMMISSION MODEL RULES
The
CAA
designates 11 states and the consolidated Metropolitan Statistical Area that
includes the District of Columbia and parts of Virginia as the Ozone Transport Region ("OTR").
42 USC § 7511(c). In 2001, the Ozone Transport Commission, comprised of member states
from the OTR, developed a "Model Rule for Additional Nitrogen Oxides (NOx) Control
Measures." This rule was part of a regional effort to attain and maintain the 1-Hour ozone
standard, address emission reduction shortfalls that were identified by the USEPA in specific
state plans to attain the 1-Hour ozone standard, and reduce 8-Hour ozone levels. Several states
have adopted portions of this model rule as part of their
efforts to implement
NOx
RACT.
The
Model Rule for Additional Nitrogen Oxides (NOx)
Control Measures, March 2001, can
be
found
at httL://www.otcair.org/interest.asp?Fview=stationary
with support analysis at
http://www.otcair.org/document.asp?Fview=Report.
Section
.03 of the model rule sets out model standards for industrial boilers,
differentiating for the heat input rate and the type of fuel. The applicable boiler sections
read as
follows:
(b)The owner or operator
of an industrial boiler with heat input rate of at least 5,000,000
Btu per hour but less than 50,000,000 Btu per hour shall:
(1) Annually, before April
1st of each year:
a. Perform an efficiency test using the test procedures specified
in
ASME/ANSI Boiler
Test
Code
4.1;
b. Adjust the combustion
process of the boiler in accordance with the
procedures specified in Chapter 5, Combustion Efficiency Tables,
Taplin, Harry, R., Fairmont Press, 1991;
c. Measure the concentration of NOx,
CO, and oxygen in the
effluent/exhaust
stream after the combustion process of the boiler
has been adjusted using the procedures specified in Env-A xxxx.12
(h); and
d. Measure the opacity of the effluent/exhaust
stream after the
combustion
process of the boiler has been adjusted using the
procedures specified in Env-A xxxx.12 (i); and
(2) Maintain, [appropriate
records and reports, as detailed in the model rule.]
*ý:*
(c) The NOx emission', of an industrial
boiler with heat input rate of at least 50,000,000
Btu per hour but less than 100,000,000
Btu per hour shall be limited at all time to conform with
one of the following two applicable
NOx emission limits:
(1) For a natural gas-fired boiler:
a. 0.10 pounds
of NOx per million Btu or equivalent output-based
NOx emission limit, based on:
1. a 1-hour average
of three stack test runs if stack testing is
used to
demonstrate compliance; or
II. a
24-hour calendar day average if a CEM is used to
demonstrate compliance; or
b. The emission rate, in pounds of NOx
per million Btu or equivalent
output-based NOx emission
rate, which is equal to a 50% NOx
reduction
from the uncontrolled NOx emission level based on:
1. a 1-hour average of three stack test runs if stack testing
is used to demonstrate compliance;
or
11. a 24-hour calendar day
average if a CEM is used to
demonstrate
compliance; and
(2) For a boiler firing coal or fuel oil:
a. 0.30 pounds of
NOx per million Btu or equivalent output-based
NOx emission limit, based on:
1. a 1-hour average of three stack test runs if stack testing is
used to demonstrate compliance; or
II. a 24-hour calendar day average if a CEM is used to
demonstrate compliance; or
b. The emission rate, in pounds of NOx per million Btu or equivalent
output-based NOx emission rate, which is equal to a 50% NOx
reduction
from the uncontrolled NOx emission level based on:
1. a 1-hour average of three stack test runs if stack testing
is used to demonstrate compliance; or
11. a 24-hour calendar day average if a CEM is used to
demonstrate
compliance;
and
(d) The NOx emissions of an industrial boiler with heat input rate of at least 100,000,000
Btu per hour but less than or equal to 250,000,000 Btu per hour shall be limited at all times to
conform with one of the following two NOx emission limits:
(1) For a natural gas-fired boiler:
a. 0.10 pounds of NOx per million Btu or equivalent output-based
NOx emission limit, based on:
1. a 1-hour average of three stack test runs if stack testing is
used to demonstrate compliance; or
11. a 24-hour calendar day average
if
a CEM
is
used to
demonstrate
compliance; or
1
b. The emission rate, in pounds of NOx per million Btu or equivalent
output-based NOx emission rate, which is equal to a 50% NOx
reduction from the uncontrolled NOx emission
level
based on:
1.
-
a 1-hour average of three stack test runs if stack
testing is used to demonstrate compliance; or
11. a 24-hour calendar day average if a CEM is used to
demonstrate compliance; and
(2) For boilers firing fuel oil or coal:
a.0.20 pounds of NOx per million Btu or equivalent output-based
NOx emission limit, based on:
1. a 1-hour
average of three stack test runs if stack testing is
used to demonstrate compliance; or
11. a 24-hour calendar day average if a CEM is used to
demonstrate compliance; or
b.The emission rate, in pounds of NOx
per million Btu or equivalent
output-based NOx
emission rate, which is equal to a 50% NOx
reduction from the uncontrolled NOx emission level based on:
1. a 1-hour average of three stack test runs if stack
testing is used to demonstrate compliance; or
II. a 24-hour calendar day average if a CEM is used to
demonstrate compliance; or
(e) The NOx emissions of an industrial boiler with heat input rate greater than
250,000,000 Btu per hour which is not subject to the U.S. EPA's NOx
SIP call shall be
limited
at
all times to conform with one of the following two applicable NOx emission limits:
(1) For natural gas, fuel oil, coal and all other fuels:
a. 0.17
pounds of NOx
per million Btu
or equivalent output-based
NOx emission limit, based on:
I. a 1-hour average of three stack test runs if stack testing is
used to demonstrate compliance; or
11.
a
24-hour
calendar day average if a CEM is used to
demonstrate compliance; or
b. The emission rate, in pounds of NOx per million Btu or
equivalent output-based NOx emission limit, which is equal to a
50% NOx reduction
from
the uncontrolled NOx emission level.
I. a 1-hour average of three stack test runs if stack testing
is used to demonstrate compliance; or
II. a 24-hour calendar day average if a CEM is used to
demonstrate
compliance;
or
(f) Compliance with the NOx emission standards specified in this section shall be
determined by:
(1) the emissions data from the CEM system, if a CEM system for NOx is
required for the boiler under Env-A xxxx or Env-A xxxx.13; or
(2) the emissions data obtained from the NOx test methods specified in Env-A
x xxx.12.
(g) Compliance
with the NOx emission standards specified in this section may
be
achieved through the purchase of NOx allowances.
III. OTHER STATES
Approximately nineteen states and the District of Columbia have already adopted
industrial boiler NOx emission limits, which the USEPA has determined to satisfy NOx RACT
requirements. An overview of these state regulations is as follows.
CALIFORNIA
1.
NOx RACT regulations and requirements vary according to 35 individual Air Pollution
Control or Air Quality Management Districts. For links to APCD and AQMD specific
regulations, see the California Air Resources
Board website
at
http://www.arb.ca.gov/drdb/drdbltxt.htm
2 . Approval Date: USEPA approval dates vary according to APCD/AQMD and regulation.
3.
Application:
Applicability of NOx RACT requirements vary according to
APCD/AQMD.
4.
Limits: Same as above.
CONNECTICUT
1.
For full text of NOx RACT regulations, Control of Nitrogen Oxides Emissions, Conn.
Agencies Regs. § 22a-174-22 (2006), see:
http://www.dgp.state.ct.us/air2/regs/mainregs/sec22.pdf
2.
Approval: Approved by USEPA as RACT at 62 Fed. Reg. 52016 (Oct. 6, 1997).
3.
Applicability: Conn. Agencies Regs. § 22a-174-22 (b).
(1) This section applies to the owner or operator o£
(A) Any of the following sources, provided such sources are located at a major
stationary source of NOx:
(i)
A reciprocating engine with a
maximum rated capacity of three
(3)
MMBTU/hr or more;
(ii)
Fuel-burning equipment, other than a reciprocating engine, with a
1
maximum rated capacity of five (5) MMBTU/hr or more;
(iii) Equipment that combusts
fuel for heating materials and that has
a
maximum rated capacity of five (5) MMBTU/hr or more;
(iv) A waste combustor with a design capacity of two thousand (2000)
pounds or more of waste per hour; or
(B)
Fuel-burning equipment, a waste combustor, or a process source that has
potential emissions of NOx in excess of the following:
(i) One hundred thirty-seven (137) pounds during any day from May
1 to September 30,
inclusive, of any year, if such source is located
in a severe
nonattainment area for ozone; or
(ii) Two hundred seventy-four (274) pounds during any day from May
1 to September 30, inclusive, of any year, if such source is located
in a serious nonattainment area
for ozone.
4.
Industrial
Boiler Limits:
TABLE 22-1
Gas-fired
Residual-oil
Other-oil-fired Coal-fired
fired
Turbine
engine
55 ppmvd
not applicable
75 ppmvd
not applicable
With MRC = 100
MMBTU/hr
Turbine engine
0.90
not applicable
0.90
not applicable
with MRC < 100
lb/MMBTU
lb/MMBTU
MMBTU/hr
Cyclone furnace
0.43
0.43 lb/MMBTU 0.43/MMBTU
0.43
lb/MMBTU
lb/MMBTU
Fast-response
0.20
0.301b/MMBTU 0.30
0.30
double furnace
lb/MMBTU
lb/MMBTU
lb/MMBTU
Naval boiler
Fluidized bed
not applicable
not
applicable
not applicable
0.29
combustor
Lb/MMBTU
Other boiler
0.20
0.25 lb/MMBTU 0.20
0.38
Lb/MMBTU
lb/MMBTU
lb/MMGTU
Reciprocating
12.5 gm/bk
hp- I Not
applicable
8 gm/bk hp-hr I not applicable
-engine
- -
hr
(2) For any stationary source for which there is no applicable emission limitation in
Table 22-1, the owner or operator of such source
shall not cause or allow
emissions of NOx therefrom
in excess of the following:
(A)
For fuel-burning equipment fired by a fuel other than those fuels cited in
Table 22-1: 0.3 pounds per MMBTU;
(B) For any waste combustor subject
to the requirements of subdivision (4) of
this subsection: 0.38 pounds
per MMBTU;
(C) For any
waste combustor not subject to the requirements of subdivision
(2)(B) of this subsection which has a waterwall
furnace:
0.38 pounds per
MMBTU;
(D) For any other waste
combustor: 0.33 pounds per MMBTU;
(E) For a glass melting furnace: 5.5 pounds of NOx per ton of glass produced;
(F) For a stationary source, other than a glass melting furnace, that combusts
fuel for heating materials: 180 ppmvd,
corrected to twelve percent (12%)
carbon dioxide; or
(G)
For any stationary source not having an emission limitation in
subparagraphs (A) through (F) of this subdivision: seven hundred (700)
ppmvd.
There are additional limits
for multi-fuel sources at Conn. Agencies Regs. § 22a-174-
22(f) and provisions for complying
with the emission limitations through emissions trading at
Conn. Agencies Regs. § 22a-174-22 (j).
DELAWARE
1.
For full text of NOx RACT regulations, Regulation 12, Control of Nitrogen Oxides
Emissions, 70-100-012 Del. Code Regs. §
1.1
et seq. (2006), see:
httD://www.dnrec.state.de.us/air/aam
Daae/does/Ddf/rea
12.Ddf
2.
Approval: Approved by USEPA as NOx RACT at 66 Fed. Reg. 32231 (June 14, 2001).
3.
Applicability: Applies to major stationary sources
of
NOx, defined as those with
potential to emit equal or greater than 25 tons in New Castle and Kent Counties and equal
to or greater than 100 tons in Sussex County.
4.
Industrial Boilers
Limits
and Exemptions at 70-100-012 Del. Code Regs. §§
3,
4 (2006):
3.2 Maximum allowable emission rates of nitrogen oxides from fuel burning
equipment with a rated heat input capacity of 100 MMBTU/hr or greater shall be
established as follows:
a)
Existing fuel burning equipment shall be presumed to meet the
definition of reasonably available control technology if the owner
or operator demonstrates
to the satisfaction of the Department that
the emission levels in Table I can be met.
b)
If the owner or operator does
not make
the demonstration
described
in paragraph a of this section, RACT shall be installed
with the goal of achieving the presumptive emission limits as set
forth in Table I. RACT for this category of equipment will consist
of combustion modification technology
including either:
i)
low NO burner technology with low excess air and
including X Over Fire Air if technically feasible; or
ii)
flue gas recirculation with low excess air.
If actual achievable emission levels following installation of such combustion
modification technology are greater than the presumptive emission limits in Table
1, these actual emission levels will become RACT for those sources.
c)
If the owner or operator does not comply with paragraphs a or b of this
section, alternative NOx control technology and emission limitation
proposals shall be required and approved by the Department in accordance
with Section 5.
d)
Compliance with the emission levels as determined above is based upon
twenty-four hour rolling averaging period as follows:
i)
For fuel burning equipment with a rated heat input of 250
MMBTU/hr of greater Continuous
Emission
Monitoring
Systems (CEMS)
approved by the Department will be used.
ii)
For fuel burning equipment with a rated heat input of 150
MMBTU/hr or greater but less than 250 MMBTU/hr
compliance will be based on:
A) a CEMS approved by the
Department;
or
B) at the sources'
request, an enhanced monitoring
program approved by the Department. This enhanced
monitoring program will identify and correlate various
operating parameters with NO emission levels through
source
X testing. These parameters will be used as
surrogates to monitor NOx emissions. Periodic source
testing will be required to verify the validity of these
surrogate parameters.
iii)
For
fuel burning
equipment with a rated heat input of 100
MMBTU/hr or greater but less that 150 MMBTU/hr
compliance will be based on either ii)A or ii)B above or at
the source's request by a periodic
source testing program
approved by
the Department.
TABLE I
Pounds Per Million. BTU Heat Input
Firing Type
Fuel Type
Face* and Tangential
Cyclone
Stokers
Gas Only
0.20
N/A
N/A
Oil or Gas or Both
0.25
0.43
N/A
Coal (Dry Bottom)
0.38
N/A -
0.40
- -
I
* Includes
wall, opposed,
and vertical firing methods.
3.3 Maximum emission rates for nitrogen oxides from fuel burning equipment with a rated
heat input capacity of less than 100
MMBTU/hr shall be as follows:
a)
50 MMBTU/hr or greater: Shall not exceed those achieved by installation
of either low excess air and low NOx burner technology or
flue gas
recirculation technology, or equivalent
NOx control technology proposals
approved by the Department
in
accordance
with Section 5.
b) Less than 50 MMBTU/hr: Shall not exceed those achieved through an annual tune
up performed by qualified personnel. The owner or operator shall
maintain
a log
of the tune ups performed on each unit.
3.6 For sources who desire to
switch to a lower NOx emitting fuel, the practice
of seasonal
fuel switching
shall be considered RACT and the requirements of
Sections 3.2(a) through
(c) and Section
3.3 shall not apply. Sources
that would otherwise be subject to Section
3.2(a)
through (c) shall monitor their emissions
in accordance with Section 3.2(d)(i)
through (d)(iii) for compliance with
the limits established in the Permit. Seasonal
fuel
switching is defined
as the utilization (90% availability)
of a single fuel during the
summer ozone
season (April 1 thru October 3 1) that
inherently produces considerably
lower NOx
emissions than would be otherwise
emitted. Fuel switching is limited to the
use of natural gas, liquid petroleum
gas (LPG), or distillate oil.
3.9 Any emission limits or other
requirements necessary to define and enforce
reasonably
available control technology
for applicable source types under
this Regulation, shall be
made state and
federal enforceable by a permit issued
in accordance with Regulation No.
2.
SECTION 4 - EXEMPTIONS
4.1 The
following source types and sizes are
exempt from the demonstration of
reasonably
available control technology
requirement:
a)
Any fuel burning
equipment used exclusively for
providing residential comfort
heating and hot water.
***
c)
Any fuel burning
equipment with a rated heat input capacity
of less than 15
MMBTU/hour.
e)
Any source operating during
the month of November to the end of
March and
operating with a capacity
factor of 5% or less from April
1 to October 31.
f)
Any
fuel burning equipment, gas turbine,
or internal combustion engine with an
annual capacity factor of less
than 5 percent, except that three months
following
any calendar
year during which the capacity factor is 5 percent
or greater, the
source shall
be subject to the applicable provision
of Section 3 of this regulation,
except
the compliance date shall be two
years after approval of the schedule by
the Department.
GEORGIA
1.
Rules for Air Quality
Control, Ga. Comp. R. & Regs.
391-3-1-.02(2)(yy) (2006). For the
full text of
the regulation, see http://rules.sos.state.t;a.us/flocs/391/3
/1/02. pd
2.
Approval Date: Approved by USEPA
at 66 Fed. Reg. 35906 (July
7, 2001).
10
3.
Other: Georgia regulations
provide "[n]o person shall cause, let, permit, suffer or allow
the emissions of
nitrogen oxides from any source to exceed the levels specified
in
paragraph
2 below unless such source has been approved by the
Director as meeting the
appropriate requirement for all reasonably available
control technology in controlling
those emissions of nitrogen
oxides." Ga. Comp. R. & Regs. 391-3-1-.02(2)(yy) (2006).
Facilities apply to the Georgia
Environmental Protection Division for a new or
renewed
permit, which is then
modified, approved, or denied. Subsequently, all
RACT
demonstrations are submitted to EPA
for approval as a revision to the SIP.
KENTUCKY
1.
Jefferson
County - RACT for Major VOC and
NOx Emitting Sources - Regulation 6.42.
For full text of the regulation, see
http://www.gpcd.or regs/reg6/6-42v2.pdf
2.
Approval Date:
Jefferson County - RACT for Major VOC
and NOx Emitting Sources -
Regulation 6.42, approved by USEPA at 66
Fed. Reg. 53661 (Mar. 17, 1999).
3.
Application: Applies
to "NOx emissions from all NOx emitting facilities located at all
major NOx emitting
sources except for those NOx emitting
facilities that have been or
would
be subject to NOx review pursuant to
40 CFR Section 52.21 and Regulation 2.05
Prevention of Significant Deterioration
of Air Quality after November 15, 1990, or to
review under 40 CFR
Part 51 Appendix S and Regulation 2.04 Construction
or
Modification
of Major Sources In or Impacting Upon
Non Attainment Areas (Emission
Offsets
Requirements) after November
15, 2002." See Regulation 6.42(1.2). Owner or
operators subject to Regulation
6.42 must apply for a new or revised permit.
4.
Limits:
Each applicant for a new or revised permit
must propose RACT emission
limiting standards and RACT emission
control technology and must take into account
applicable CTG, ACT, or
EPA guidance. See Reg. 6.42(4.3.1). "The
District will make
a case by case determination
of RACT based on the applicant's
proposal." See Reg.
6.42(4.3.2).
"Each determination of RACT pursuant
to this Section shall be submitted to
EPA as a site-specific SIP revision."
Reg. 6.42(4.4).
LOUISIANA
1.
Control Emissions of Nitrogen Oxides,
LAC 33.111.2201 (2006). For full text of
regulation, see bttp://www.state.la.us/osr/lac/33vO3/33vO3.pddf
2,
Approval
Date: Approved by USEPA at 67
Fed. Reg. 60885 (Sept. 27, 2002). USEPA
stated
that LAC 33.111.2201 provisions "control
emissions beyond levels that EPA has
previously approved as RACT for
such sources." 67 Fed. Reg. 50391, 50401 (Aug. 2,
2002).
11
3.
Application:
Applies to any affected facility in the Baton Rouge NAA and the Region
of
Influence during the ozone season (May 1 to September
30) of each year. See LAC
33.III.2201(A)(1)-(2). The following categories
are exempt:
1. "boilers and process
heater/furnaces with a maximum rated capacity of
less than 80 million British thermal units (MMBtu) per hour;
2. stationary gas turbines with a megawatt rating based
on heat input of
less than 10 megawatts (MW);
3. stationary internal combustion
engines as follows: a. rich-burn engines
with a
rating of less than 300 horsepower (Hp); b. lean-burn engines
with a rating of less than 320 Hp in the Baton Rouge NonAttainment
Area; and c. lean-burn engines with a
rating
of
less than 1500 Hp in the
Region of Influence;
4. low ozone
season capacity factor boilers and process heater/furnaces,
in
accordance with Paragraph H.1 I of this Section;
5. stationary gas turbines and stationary internal combustion
engines, that
are: a. ,used in research
and testing; b. used for performance verification
and testing;
c. used solely to power other engines or turbines during
start-ups;
d. operated exclusively for fire fighting or training
and/or
flood control; e. used in response
to and during the existence of any
officially declared disaster
or state of emergency; f. used directly and
exclusively
for agricultural operations necessary for the growing of
crops or the raising of fowl or animals; or g. used as
chemical processing
°gas turbines.
6. any point source,
in accordance with Paragraph H.12 of this Section, that
operates
less than 400 hours during the ozone season;
7. flares, incinerators, kilns and ovens
as defined in Subsection B of this
Section;
8. any point source during
start-up and shutdown as defined in LAC
33:111.111 or during a malfunction as defined in 40 CFR Section 60.2;
9. any point- source used solely to start up
a process;
10. any point source firing biomass
fuel that supplies greater than 50 percent
of the heat input on
a monthly basis;
11. any point source at a sugar mill;
12. fluid catalytic cracking unit regenerators;
13. pulp liquor recovery furnaces;
14. diesel-fired
stationary internal combustion engines;
15.
any
affected point source that is required to meet
a more stringent state
or federal NOx emission limitation, whether
by regulation or permit. (In
this case, the monitoring, reporting,
and recordkeeping requirements
shall be in accordance
with the more stringent regulation or permit and
not this Chapter.
If the applicable regulation or permit does
not
specify
monitoring, reporting, and recordkeeping requirements,
the provisions of
this Chapter shall apply.);
16. wood-fired boilers that
are subject to 40 CFR 60, Subpart Db;
12
17. nitric acid production units that are subject to 40 CFR 60, Subpart G or
LAC 33:111.2307;
18. any affected point source firing Number 6 Fuel Oil during a period of
emergency and approved by the administrative authority;
19. boilers and industrial furnaces treating hazardous waste and regulated
under LAC 33:V.Chapter 30 or 40 CFR Part 264, 265, or 266, including
halogen acid furnaces and sulfuric acid regeneration furnaces; and
20. high efficiency boilers or other combustion devices regulated under
the Toxic Substance Control Act PCB
rules
under 40 CFR Part 761.
LAC.33.III.2201(C).
4.
Limits for Industrial Boilers:
" Maximum Rated Capacity: >/= 80 MMBtu/Hour
" NOx
Emission Factor: 0.10 pound/MMBtu
5.
Other: Louisiana regulations provide for both facility-wide averaging and trading plans.
See LAC 33.111.2201.E
(2006).
MAINE
1.
For full text of NOx
RACT regulations, Reasonably Available Control Technology for
Facilities that Emit Nitrogen Oxides, 06-096-138 Me. Code R. § 1 et seq. (2006), see:
http://www.niaine.gov/sos/cec/rules/06/096/096el 38.doc.
2.
Approval: Approved by USEPA as NOx RACT at 67 Fed. Reg. 57154 (Sept. 9, 2002)
with various alternative facility specific RACT determinations approved on other dates
and referenced at 40 CFR § 52.1031.
3.
Applicability: Applies to existing stationary sources with potential to emit NOx
emissions greater than or equal to 100 tons per year. Exemptions for equipment with PTE
less than 10 tons per year of NOx and for some emergency standby engines. See 06-096-
138 Me.
Code
R. § 1 (2006).
4.
Industrial Boiler Limits:
06-096-138 Me. Code R. § 3.Standards
A. Large Boilers. Any person owning, leasing, operating or controlling a
boiler having an energy input capacity of
1500 million British Thermal
Units (BTU) or greater shall
comply with the following NOx emission
standard.
(1) The NOx emission rate for large boilers licensed to fire oil shall
not exceed 0.30 pounds per million
British Thermal
Units (BTU)
on a 24-hour daily block
arithmetic average basis.
13
Electronic Filing - Received, Clerk's Office, November 25, 2008
* * * * * Exhibits to Hirner Testimony * * * * *
(2) The NOx emission rate for large boilers licensed to fire multiple
(3)
fuels shall not exceed 0.30 pounds per million British Thermal
Units (BTU) on a 24-hour daily block arithmetic average basis.
Large boilers shall demonstrate compliance through the use of a
continuous emissions monitoring system that satisfies the
requirements of Department Regulation Chapter 117.
B.
Mid-Size
Boilers. Any person owning, leasing,
operating or controlling a
boiler having an energy input capacity of 50 million BTU per hour or
greater and less than 1500 million British Thermal Units (BTU) or greater
shall comply with the following NOx emission standard.
(1) The NOx emission rate for mid-size boilers licensed to fire oil shall not
exceed 0.30 pounds per million BTU based on a one hour average unless
the facility installs Low NOx burners or equivalent strategies.
(2) The
NOx
emission rate for mid-size boilers licensed to fire
biomass shall
not exceed 0.30 pounds per million BTU based on a one hour average.
(3) The NOx emission rate for mid-size boilers licensed to fire biomass and
oil shall not exceed 0.30 pounds per
million BTU
based on a one hour
average.
(4) The NOx emission rate for mid-size boilers licensed to fire
(5)
biomass and coal shall not exceed 0.38 pounds per million BTU
based on a one hour average.
The NOx emission rate for mid-size boilers licensed to fire
biomass and fuels other than oil and coal shall not exceed 0.30
pounds per million BTU based on a one
hour
average.
(6) Mid-size boilers
with a heat input of 250 million BTU per hour
or
greater shall demonstrate compliance through the use of a
continuous emissions monitoring system that satisfies the
requirements of Department Regulation Chapter
117
by May 31,
1995.
(7)
Mid-size boilers with a heat input of 200 million BTU per hour and
less than 250 million BTU per hour shall demonstrate compliance
through the use of a continuous emissions monitoring system that
satisfies the requirements of
Department Regulation Chapter 117
by May 31, 1997.
(8) For any mid-size boiler which employs the use of a continuous
emissions monitoring system that satisfies the requirements of
Department Regulation Chapter 117 compliance will be on a 24-
hour daily block arithmetic average basis.
C. Kraft Recovery Boilers. Any person owning, leasing, operating or
controlling a Kraft recovery boiler shall comply with the following NO,
emission standards:
14
Electronic Filing - Received, Clerk's Office, November 25, 2008
* * * * * Exhibits to Hirner Testimony * * * * *
(1) The NOx emissions
from any Kraft recovery boiler shall not
exceed 120 parts per million by volume wet basis, corrected to 8%
oxygen or 12% carbon dioxide, on a 24-hour daily block arithmetic
average basis.
(2) Kraft recovery boilers shall demonstrate
compliance
through the
use
of a continuous emissions monitoring system that satisfies the
requirements of Department Regulation Chapter 117.
D. MgO Recovery Boilers.
Any person owning, leasing, operating or
controlling an MgO recovery boiler shall comply with the following NOx
emission standards.
(1) The NOx emissions
from any MgO recovery boiler shall not
exceed 250 parts per million by volume wet basis, corrected to 4%
oxygen on a 24-hour daily block average basis except during
acidification.
(2) During acidification
NOx emissions from any MgO recovery
(3)
boiler shall not exceed 1200 parts per million by volume wet basis,
corrected to 12% oxygen on a 24-hour daily block average basis.
MgO recovery boilers shall demonstrate
compliance through the
use of a continuous
emissions monitoring system that satisfies the
requirements of Department Regulation Chapter 117.
**ý:
J.
Seasonality
Standard. Facilities subject to Sections 3(A) or 3(B) may
choose the following alternative emission limits through the seasonal
combustion of different fuels:
(1) Large boilers
(a) The NOx emission rate for large boilers
during the ozone
season dates of
May 1 through September 30 shall not
exceed 0.2 pounds per million BTU on a 24-hour daily
block arithmetic average basis. During the dates of
October 1 through April 30, the
large boiler shall not
exceed 0.3 pounds per
million BTU on a 24-hour daily
block arithmetic average basis; or
(b) The NOx emission rate for large boilers during the ozone
season dates of May 1 through September
30 shall not
exceed 0.15 pounds per
million BTU on a 24-hour daily
block arithmetic average
basis. During the dates of
October 1 through April 30, the large boiler shall not
15
exceed 0.35 pounds per million BTU on a 24-hour daily
block arithmetic average basis.
(2) Mid-size boilers
(a)
The
NOx emission
rate for
mid-size boilers during the
ozone season dates of May 1 through September 30 shall
not exceed 0.20 pounds per million BTU based on a one
hour average. During the dates of October 1 through April
30, the
mid-size
boiler shall
not
exceed 0.40 pounds per
million BTU based on a one hour average. For
any
mid-
size boiler which employs the use of a continuous
emissions monitoring system that satisfies the requirements
of Department Regulation Chapter 117 compliance will be
on a 24-hour daily block arithmetic average basis;
or
(b) The NOx emission rate for mid-size boilers during the
ozone season dates of May 1 through September 30 shall
not exceed 0.15 pounds per million BTU based on a one
hour average. During the dates of October 1 through April
30, the mid-size boiler shall not exceed 0.45 pounds per
million BTU based on a one hour average. For any mid-
size boiler which employs the use of a continuous
emissions monitoring system that satisfies the requirements
of Department Regulation Chapter 117 compliance will be
on a 24-hour daily block arithmetic average basis.
K.
Emissions Averaging. Any person owning, leasing, operating or
controlling any of the units covered in Sections 3(A)-3(E) or Section 4 at
any one facility may average the applicable emission
rates
between units
on an
equivalent pounds per million BTU basis on a 24-hour daily block
arithmetic basis. Continuous emission monitoring systems that satisfy the
requirements of Department Regulation Chapter 117 must be employed to
allow the use of this provision.
L.
Small Boilers
(1) Any person owning, leasing, operating or controlling a boiler
having an energy input capacity of
less
than
50 million BTU
per
hour and equal to or greater than 20 million BTU per hour shall
have performed on the boiler an annual tune-up.
(2) The following tune-up record keeping requirements are required:
(a) A tune-up procedure file must be kept on-site and made
available to the Department upon request,
16
(b) An oxygen/carbon monoxide
curve or an oxygen/smoke
curve must be kept on file,
(c) Once the optimum excess oxygen
setting has been
determined,
the owner or operator of a
source must
periodically
verify that the setting remains at
that value,
and
(d)
If the minimum oxygen level found
is substantially higher
than the value provided by the combustion
unit
manufacturer,
the owner or operator must improve
the fuel
and air mixing, thereby
allowing operation with less air.
M. Auxiliary/Standby
Boilers. Any person owning
or operating an
auxiliary/standby
boiler shall be subject to the following:
(1) NOx emissions shall be limited to less
than 100 tons per year on a
12 month
rolling average basis -beginning on August
l, 1994;
(2) The NOx emissions
for the boiler shall not exceed 20
tons per any
(3)
calendar month; and
The auxiliary/standby boilers shall have
an annual tune-up and
subject to the tune-up recordkeeping requirements specified
in
Section 3(L)(2).
06-096-138 Me. Code R. § 4.Phase 1 Mid-Size
Boilers Standards. Any person
owning, leasing, operating or controlling a boiler having
an energy input capacity
of 50 million
BTU per hour or greater and less than 1500 million British
Thermal
Units (BTU) or greater shall comply
with the following NOx emission standards
except as provided in Sections (3)(1)-(3)(O):
1.
The
NOx emission rate for mid-size boilers licensed
to fire oil
shall not exceed
0.40 pounds per million BTU based on a one
hour
average, unless the facility installs
Low-NOx burners or equivalent
strategies.
2.
The
NOx emission rate for mid-size boilers licensed
to fire
biomass shall not
exceed 0.30 pounds per million BTU based
on a
one hour average.
3.
The NOx emission rate for mid-size boilers licensed
to fire
biomass and oil shall not exceed 0.40 pounds per million
BTU
based on a
one hour.
4.
The NOx emission rate for
mid-size boilers licensed to fire
biomass and coal shall not exceed
0.45 pounds per million BTU
based on a one hour average.
17
5.
The NOx emission rate for mid-size boilers licensed to fire
biomass and
fuels
other
than oil and coal shall not exceed
0.30
pounds per million BTU based on a one hour average.
6.
Mid-size boilers with a heat input of 250 million BTU per hour or
greater shall demonstrate compliance through the use of a
continuous emissions monitoring system that satisfies the
requirements of Department Regulation Chapter 117 by May 31,
1996.
7.
Mid-size boilers with a heat input of 200 million BTU per hour and
less than
250 million BTU per hour shall demonstrate
compliance
through the use of a continuous emissions monitoring system that
satisfies the requirements of Department Regulation Chapter 117
by May 31, 1997.
8.
For any mid-size boiler which
employs the use
of a continuous
emissions
monitoring system that satisfies the requirements of
Department Regulation Chapter 117 compliance will be on a 24-
hour daily block arithmetic average basis.
MARYLAND
1.
For full text of NOx RACT regulations, Control of NOx Emissions for Major Stationary
Sources, Md. Code Regs. 26.11.09.08 (2006),
see:
http://www.dsd.state.md.us/comar/subtitle
chapters/26 Chapters.htm#Subtitle26 or
http://www.dsd.state.md.us/comar/26/26.11.09.08.htni
2.
Approval: Approved by USEPA
as NOx RACT at 66 Fed. Reg. 9522 (Feb. 8, 2001).
3.
Applicability: Applies to major sources of NOx throughout the state with PTE 25 tons in
specified counties and with PTE 100 tons in other specified
counties.
See Md. Code
Regs. 26.11.09.08(a).
4.
Industrial Boiler Limits:
Md. Code Regs. 26.11.09.08(B)(1)(c) --Emission
Standards in Pounds of NOX per
Million Btu of
heat input.
Fuel
Tangential-
Fire
Wall-Fired
Gas only
0.20
0.20
Gas/Oil
0.25
0.25
Coal
(dry bottom)
0.38
0.38
Coal (wet bottom)
1.00
1.00
C. Requirements
for Fuel-Burning Equipment with a Rated Heat Input
Capacity of 250 Million Btu Per Hour or Greater.
18
(1) A person who owns or operates fuel-burning equipment with a
rated heat input capacity of 250 Million Btu per hour
or
greater
shall equip each installation with combustion modifications or
other technologies to meet the NO,, emission rates in §C(2) of this
regulation.
(2) The maximum NO, emission rates as pounds
of NOX per Million
Btu per hour are:
(3)
(a)
0.45 for tangentially coal fired units located at an electric
generating facility (excluding high heat release units);
(b)
0.50 for wall coal
fired
units located at an electric
generating facility (excluding high heat release units);
(c)
0.30 for oil fired or gas/oil fired units located at an electric
generating facility;
(d) 0.70 for coal fired cyclone fuel burning equipment located
at an electric generating facility from May 1 through
September 30 of each year and 1.5 during the period
October 1 through April 30 of each year;
(e) 0.70 for a tangentially coal fired high heat release
unit
located at an electric generating facility;
(f)
0.80 for a wall coal fired high heat release unit located at an
electric generating facility;
(g)
0.6 for coal fired cell burners at an electric generating
facility; and
(h) 0.70 for fuel burning equipment stacks at a non-electric
generating facility during the period May 1 through
September 30 of each year and 0.99 during the period
October 1 through April 30 of each year.
A person who owns or operates
fuel
burning equipment with a
rated heat input capacity of 250 Million Btu per hour or greater
shall install, operate, calibrate, and maintain a certified NO,, CEM
or an alternative NO,, monitoring method approved by the
Department and the EPA on each installation.
D. Requirements for Fuel-Burning Equipment with a Rated Heat Input
Capacity of Less than 250 Million Btu Per Hour and Greater than 100
Million Btu Per Hour.
(1) Equipment Specifications and Standards.
(a) A person who owns
or
operates
coal fired fuel-burning
equipment with a rated heat input capacity of less than 250
Million Btu per hour and greater than 100 Million Btu per
hour shall install and operate in accordance with the
19
manufacturer's
specifications, combustion modifications, or
other technologies to meet an emission rate
of 0.65 pounds
of NO,, per Million Btu per hour.
(b) All other fuel burning equipment with a rated heat input
capacity
of
less
than
250 Million
Btu per hour and greater
than 100 Million Btu per hour shall meet
the NO,, emission
rates set forth in §B(1)(c) of this regulation.
(2) Exceptions. The requirements in §D(1) of this regulation do not
apply to a space heater as defined in Regulation. 01 B of this
chapter or to fuel-burning
equipment subject to §G of this
regulation.
E. Requirements for Fuel-Burning Equipment with a Rated Heat Input
Capacity of 100 Million Btu Per Hour or Less. A person
who owns or
operates fuel-burning equipment with a rated heat input capacity
of 100
Million Btu per hour or less shall:
(1) Submit to the Department an identification of each affected
installation,
the
rated heat input
capacity of each installation, and
the type of fuel burned in each;
(2) Perform a combustion analysis for each installation at least once
each year and optimize combustion based on the analysis;
(3) Maintain the results of the combustion
analysis at the site for at
least 2 years and make this data available to the Department and
the EPA upon request;
(4)
Once every 3 years, require each operator of the installation to
attend operator training programs on combustion
optimization that
are sponsored by the Department, the EPA, or equipment vendors;
and
(5) Prepare and maintain a record of training program attendance for
each operator at the site, and make these records available to the
Department upon request.
G. Requirements for Fuel-Burning Equipment with a Capacity Factor
of 15
Percent or Less, and Combustion Turbines with a Capacity Factor Greater
than 15 Percent.
(1) A person who owns or operates fuel-burning equipment with a
capacity
factor (as
defined
in 40 CFR Part
72.2) of 15 percent or
less shall:
20
(a) Provide certification of the capacity factor
of the equipment
to the
Department in writing;
(b) For fuel-burning equipment
that operates more than 500
hours during a calendar year, perform
a combustion
analysis and optimize combustion
at least once annually;
(c)
Maintain
the results of the combustion analysis
at the site
for at least 2 years
and make these results available to
the
Department and the EPA
upon request;
(d) Require each operator of an installation,
except combustion
turbines,
to attend operator training programs
at least once
every 3 years,
on combustion optimization that are
sponsored by the Department,
the EPA, or equipment
vendors; and
(e) Maintain
a record of training program attendance
for each
operator at
the site, and make these records available
to the
Department upon request.
MASSACHUSETTS
1.
For full
text of NOx RACT regulations, Reasonably Available
Control Technology
(RACT) for Sources of Oxides
of Nitrogen (NOx), 310 Mass. Code Regs.
7.19 (2006),
see: http://www.mass. ov/dep/air/laws/7b.htm#
19
2. Approval:
Approved by USEPA as NOx RACT at 674 Fed. Reg. 48099
(Sept. 2, 1999)
with various alternative facility
specific RACT determinations approved on
other dates
and referenced at 40 CFR § 52.1167.
3.
Applicability: Applies
statewide to facilities with PTE greater than or equal
to 50 tons of
NOx per year. Some exemptions listed
for low capacity or low emission units.
310 Mass.
Code Regs. 7.19(1).
4.
Industrial Boiler Limits,
310 Mass. Code Regs. 7.19, selected provisions:
(4) Large Boilers.
(a) Applicability and NOx RACT.
After May 31, 1995, any person owning, leasing,
operating or controlling a boiler having an
energy input capacity of 100 million Btu per
hour or
greater, at a facility subject to 310 CMR 7.19, shall comply with the following
NOx emission
standard, except
as provided in 310 CMR 7.19(2)(b), 7.19(2)(e), 7.19(2)(f),
7.19(4)(b) and
7.19(4)(c).
1.
For dry bottom boilers burning coal:
a.
for tangential fired boilers, 0.38 pounds per million
Btu,
b.
for face fired boilers,
0.45 pounds per million Btu.
21
2.
For stoker-fired boilers burning other solid fuels, 0.33 pounds per million Btu.
3.
For boilers with an energy input capacity greater than or equal to 250 million Btu
per hour burning either oil or oil and gas (This includes burning the oil and gas
simultaneously or at
different times. Boilers approved to
burn another
fuel,
such
as coal,
are
subject
to this limit only while burning only oil and/or gas and not the other fuel.):
a. i. for tangential oil fired boilers, 0.25 pounds per million Btu;
ii.
for tangential gas fired boilers, 0.20 pounds per million Btu.
b.
for face fired boilers, 0.28 pounds per million Btu.
4.
For boilers with an
energy input capacity greater than or equal to 100 million Btu
per hour and less than 250 million Btu per hour burning either oil or oil and gas:
a.
for boilers with a heat release rate less than or equal to 70,000 Btu/hours-
ft<3>, 0.30 pounds per million Btu, and
b.
for boilers with a heat release greater than 70,000 Btu/hour-ft<3>, 0.40.
5.
For boilers burning only gas, 0.20 pounds per million Btu.
6.
The averaging time for determining compliance with 310 CMR 7.19(4)(a) shall be
one
hour. Except that, for boilers using a continuous emissions monitoring system that
satisfies the requirements of 310 CMR 7.19(13)(b) to determine compliance, compliance
will be based on a calendar day average.
(b) Repowering.
Any person subject to 310 CMR 7.19(4)(a), may choose to repower by
December 31, 2003 and comply with 310 CMR 7.19(4)(b) rather than 310 CMR
7.19(4)(a). Such person shall enter into an enforceable agreement with the Department
prior to June 1, 1994 agreeing to
comply
with
the requirements of 310 CMR 7.19(4)(b).
1.
A boiler to be repowered by December 31, 2003 shall not, after May 31, 1995 and
before May 1, 1999, cause, suffer, allow or permit emissions from the facility in excess
of an emission rate achievable through the implementation
of RACT as required in
an
emission control plan approved
under 310 CMR 7.19(3).
2.
The repowered boiler shall be approved under 310 CMR 7.02(1), 310 CMR 7.00:
Appendix A or 40 CFR 52.21, unless specifically exempted by those regulations.
3.
The existing
or repowered boiler shall not be operated after April 30, 1999 unless
it complies with the most restrictive of the following NOx emissions standards (this limit
represents RACT):
22
a.
For dry bottom, tangential and face fired boilers burning solid fuel, 0.2
pounds per million Btu, based on a one hour average;
b.
For
boilers burning oil or
gas,
0.1
pounds
per million Btu, based on a one
hour average;
c.
The averaging time for determining compliance with 310 CMR 7.19(4)(b)
shall be one hour. Except that, for boilers utilizing a CEMS that satisfies the
requirements of 310 CMR 7.19(13)(b) to determine compliance, compliance shall
be based on a calendar day average.
d.
A Best Available Control Technology determination made as
part
of an
approval issued pursuant to 310 CMR 7:02(1) or 40 CR 52.21 or Lowest
Achievable Emission
Rate determination
made
pursuant to 310 CMR 7.00:
Appendix A, as applicable.
e.
An applicable New Source Performance Standards (40 CFR
60).
**ý:
(5) Medium-size Boilers.
(a) Applicability and NOx RACT. After May 31, 1995, any person owning,
leasing, operating or
controlling
a boiler
with an energy input
capacity of 50 million Btu
per hour or greater and less than 100 million Btu per hour at a facility
subject to 310
CMR 7.19, shall comply with the following NOx emission standard, except as provided
for in 310 CMR 7.19(2)(b), 7.19(2)(e) and 7.19(2)(f).
1.
For tangential or face-fired or stoker-fired boilers, burning
solid fuel, 0.43
pounds per million Btu, based on a one-hour average.
2.
For tangential or face fired boilers, based on a one-hour average.
a.
burning gas only, 0.1 pounds per million Btu.
b.
burning distillate oil or oil and gas (This includes burning
the
oil
and gas simultaneously or at different times. Boilers approved to burn
another fuel such as coal are subject to this limit while only burning oil
and/or
gas
and
not
coal.)
0.12 pounds per million Btu.
c. burning residual oil,
i.
0.3 pounds per million Btu burning residual oil or residual
oil and gas (This includes burning the oil and gas simultaneously
or at different times.
Boilers approved
to burn another fuel such as
coal are subject to this limit while burning only oil and/or gas and
not coal.), or
ii.
recirculate at least 15% of the flue gas and maintain flue
gas oxygen concentration at 3% at the boiler exit. The 02 level
23
should not be decreased beyond
the point that the CO
concentration increases beyond 130 ppmvd, corrected to 3% 02.
3.
For boilers using a continuous emissions monitoring system that satisfies
the requirements of 310 CMR 7.19(13)(b) to determine compliance, compliance
will
be based on
a
calendar
day average.
(b) Cofiring Fuels. Except as provided for under 310 CMR 7.19(2)(f), if more than
one fuel is fired simultaneously or during the same hour (or day if an averaging
time of 24 hours is used), the allowable NOx emissions standard shall be
calculated according to the procedure contained in 310
CMR 7.19(15).
(d) Carbon Monoxide (CO) Limitation. Any facility subject to 310 CMR 7.19(5),
shall not exceed a CO exhaust concentration of 200 ppmvd, corrected to 3%
oxygen. This shall be based on a one hour averaging time. If
a continuous
emissions monitoring system is used for determining compliance, the averaging
time shall be a calendar day. Not withstanding this CO emission standard, the
Department may approve
a
higher
CO emission standard for a medium-size boiler
as part of the emission control plan if the facility demonstrates that combustion
conditions will not significantly deteriorate with the higher CO emission standard.
(6) Small Boilers
(a) Applicability and NOx RACT. After March 15, 1995, any person owning,
leasing, operating or controlling a boiler, with an energy input capacity of less
than 50 million Btu per hour and equal to or greater than 20 million Btu per hour
or
with an energy input capacity less than 20 million Btu
per hour with potential
emissions greater than 50 TPY of NOx, at a facility subject to 310 CMR
7.19,
shall tune the boiler annually according to the following procedure (tuneup
procedure based on Combustion Efficiency Optimization Manual for Operators of
Oil
and Gas Fired Boilers
(EPA 340/1-83-023)):
1.
Operate the boiler at a firing rate most typical of normal operation. If
the
boiler experiences significant load variations during normal operation, operate it
at its average firing rate.
2.
At
this
firing rate
record stack
gas temperature,
oxygen concentration, and
CO concentration (for gaseous fuels) or smoke-spot number (For liquid
fuels, the
smoke spot number can be determined with ASTM Test Method D-2156
(Bacharach or equivalent)) and observe flame conditions after boiler operation
stabilizes at the firing rate selected. If the excess oxygen in the stack gas is at the
lower end of the range of typical minimum values (typical minimum oxygen
levels for boilers at high firing rates are: for natural gas 0.5-3.0%; for liquid fuels
2.0-4.0%. The for natural gas 0.5-3.0%; for liquid fuels 2.0-4.0%. The O[2] level
should be reduced below this range with caution). If the CO emissions are low
24
and there is no smoke, the boiler is probably operating at near optimum efficiency
at this
particular
firing rate. However,
complete the remaining portion of this
procedure at 310 CMR 7.19(6)(a)3. through 10. to determine
whether still
lower
oxygen levels are practical.
3.
Increase combustion air flow to the boiler until stack gas oxygen levels
increase by 1 to 2% over the level measured
in 310 CMR 7.19(6)(a)2.. As in 310
CMR 7.19(6)(a)2., record the stack gas temperature,
CO concentration (for
gaseous fuels) and smoke-spot number (for liquid fuels), and
observe flame
conditions for these higher oxygen levels after boiler operation stabilizes.
4.
Decrease combustion
air
flow
until the stack gas oxygen concentration is
at the level measured in 3-10 CMR-7.19(6)(a)2. From
this level gradually reduce
the combustion air flow, in small increments. After each increment,
record the
stack gas temperature, oxygen concentration, CO concentration (for gaseous
fuels)
and smoke-spot
number (for
liquid fuels). Also observe the flame and
record any changes in its condition.
5.
Continue to reduce combustion air flow stepwise, until one of these limits
is reached:
a.
Unacceptable
flame
conditions - such as flame impingement on
furnace walls or burner parts, excessive flame
carryover, or flame
instability.
b.
Stack gas CO concentrations greater than 400 ppm for gaseous
fuels.
c.
Smoking at the stack for liquid fuels.
d.
Equipment-related limitation - such as low windbox/furnace
pressure differential, built in air-flow limits, etc.
6.
Develop an O[2]/CO curve (for gaseous fuels)
or O[2]/smoke curve (for
liquid fuels) similar to those shown in figures 310 CMR 7.19(6)-1 and 2 using the
excess oxygen and CO or smoke-spot number data obtained at each combustion
air flow setting.
7.
From the curves prepared in 310 CMR 7.19(6)(a)6., find the stack
gas
oxygen levels where the CO emission or smoke spot number equals the following
values:
Fuel
Measurement
Value
Gaseous
CO emissions
400 ppm
#1 & #2 oils
smoke-spot number
number
1
#4 oil
smoke-spot number
number 2
#5 oil
smoke-spot number
number 3
#6 oil
smoke-spot number
number
4
25
The above conditions are referred to as CO
or smoke threshold, or as the minimum
excess oxygen level. Compare this minimum value of excess oxygen to the expected
value
provided by the combustion unit manufacturer. If the minimum level found is substantially
higher
than the value provided by the combustion unit manufacturer, the owner or operator
should improve fuel
and air
mixing,
thereby allowing operation with less air.
8.
Add 0.5 to 2.0% to the minimum excess oxygen level found in
310
CMR
7.19(6)(a)7. and reset burner controls to operate automatically at this higher stack
gas oxygen level. This margin above the minimum
oxygen level accounts for fuel
variations, variations in atmospheric conditions, load
changes, and non-
repeatability or play in automatic controls.
9.
If the load of the combustion unit varies significantly during normal
operation, repeat
310 CMR 7.19(6)(a) 1. through 8. for firing rates that represent
the upper and lower limits of the range of the load.
Because control adjustment at
one firing rate may effect conditions at other firing rates, it may not
be possible to
establish the optimum excess oxygen level at all firing rates. If this is the case,
choose
the burner
control
settings that give best performance over the range of
firing rates. If one firing rate predominates, settings
should optimize conditions at
that rate.
10. Verify that the new settings can accommodate the sudden changes that
may
occur
in
daily operation without adverse effects. Do this by increasing and
decreasing load rapidly while observing the flame and
stack. If any of the
conditions in 310 CMR 7.19(6)(a)5. result, reset the combustion controls to
provide a slightly higher level of excess oxygen at the affected firing rates. Next,
verify these new
settings
in a similar fashion.
Then make sure that the final
control settings are recorded at steadystate operating conditions for future
reference.
11. Another method may be substituted if it is approved, in writing, by the
Department and EPA as equivalent.
MISSOURI
1.
For full text of NOx RACT regulations, Air Quality Standards and Air Pollution
Control
Rules Specific to the St. Louis Metropolitan Area, Mo. Code Regs. Ann. tit. 10, § 10-
5.510 (2006), http://www.sos.mo.ýov/adrules/csr/current/lOcsr/lOc10-5.pdf
2.
Approval: Approved by USEPA as NOx RACT at 65 Fed. Reg. 31484 (May
18, 2000).
3.
Applicability: Applies to "Installations" in the city of St. Louis and the 4 surrounding
counties with potential to emit 100 tons or more per year of NOx.
4.
Industrial Boiler Limits:
26
The rule does not apply to any boiler having a maximum heat input
of
less
than fifty (50) million
British thermal units (mmBtu) per hour. The following provisions are applicable to industrial
boilers:
Mo. Code Regs. Ann. tit. 10, § 10-5.510(3)
General Provisions.
(A) No owner or operator of a boiler with a maximum rated heat input capacity of one
hundred (100) mmBtu per hour or greater shall allow the unit to emit NOx in excess of the
emission rates specified in Table 1 as measured pursuant to section (5)
of this rule.
Table 1
Maximum Allowable NOx Emission Rates
for Boilers
(Pounds of NOx per mmBtu)
Fuel/Boiler Type
Firing Configurations
Tangential Wall Cyclone
Stoker
Gaseous Fuels Only
0.2
0.2
0.5
-
Distillate Oil
0.3
0.3
Residual Oil
0.3
0.3
Coal - Wet Bottom
0.86
Coal - Dry Bottom
0.45
0.5
-
0.5
(B) An owner or operator of a boiler or incinerator with a maximum rated heat input capacity
equal to or greater than fifty (50) mmBtu per hour but less than one hundred (100) mmBtu per
hour
shall complete
an annual adjustment or tune up on the combustion process. This
adjustment
or tune up shall include at a minimum the following items:
1.
Inspection, adjustment, cleaning or replacement of fuel burning equipment, including the
burners and moving parts necessary for proper operation as specified by the manufacturer;
2.
Inspection of the flame pattern or characteristics and adjustments necessary to minimize
total emissions of NOx and, to the extent practicable, minimize emissions of carbon monoxide;
and
3.
Inspection of the air to fuel ratio control system and adjustments necessary to ensure
proper calibration and operation as specified by the manufacturer.
27
NEW HAMPSHIRE
1.
For full text of NOx RACT regulations, Nitrogen Oxides (NOx), N.H. Code Admin. R.
Ann. Env-A
1211.01 et seq. (2006), see: http://www.des.state.nh.us/Rules/pdf/env-
a1200.Rdf
2. Approval: Approved by USEPA as NOx RACT at 62 Fed. Reg. 17092 (April 9, 1997).
3.
Applicability: Applicability for specified source types is
based on combined maximum
heat input.- For industrial boilers, the rules are applicable if the combined maximum
heat
input rate exceeds 50,000,000 Btu per hour at any time after December 31, 1989. Other
types
of emission units
listed
are subject to the rule if located at a facility which has
potential NOx emissions greater than 50 tons per year
since Jan 1, 1990. Some
exemptions.
4.
Industrial Boiler
Limits:
N.H. Code Admin. R. Ann. Env-A 1211.05 Emission Standards for Industrial Boilers.
(a)
All
industrial boilers that meet the applicability criteria of Env-A 1211.01(d) shall
be subject to the provisions of this section.
(b) Owners or operators of industrial boilers with heat input rates of at least
5,000,000 Btu per hour
but
less
than 50,000,000 Btu per hour shall:
(1) Before April 1 st of each year:
a.
Perform
an efficiency test using the test procedures specified in
chapter 3, Combustion Efficiency Tables, Taplin, Harry, R., Fairmont
Press, 1991; and
b.
Adjust the combustion process of the boiler in accordance with the
procedures specified in chapter 5, Combustion Efficiency Tables,
Taplin,
Harry R., Fairmont Press, 1991; and
(2) Maintain, in a permanently bound log book the following information:
a.
The date(s) on which:
1.
The efficiency test was conducted; and
2.
The combustion process was last adjusted;
b.
The name(s),
title
and affiliation
of the person(s) who:
1.
Conducted the efficiency test; and
2.
Made the adjustments;
28
c.
The NOx
emission concentration, in ppmvd, corrected to 15%
oxygen, after the adjustments are made;
d.
The CO emission concentration, in ppmvd, corrected to 15%
oxygen, after the adjustments are made;
e.
The opacity readings; and
f.
Any other information required by Env-A
903, Env-A 905, and
Env-A 909.
(c)
Industrial boilers in
existence on or after May 31, 1995 with heat input
rates of at least 50,000,000 Btu per hour but less than 100,000,000
Btu per hour shall
comply with the NOx RACT emission limits, or install the NOx RACT control
technology, specified below:
(1) For dry-bottom boilers firing coal,
capable of firing coal, oil or any
combination thereof
a.
For tangential-fired boilers, 0.381b. per million Btu, based
on a 24-hour calendar day average;
b.
For face-fired boilers, 0.501b. per million Btu, based on a
24-hour calendar day average; and
c.
For stoker-fired boilers, 0.301b. per million Btu, based on a
24-hour calendar day average;
(2) For tangential or face-fired boilers firing exclusively oil:
(3)
a.
For boilers firing No. 2 fuel oil, 0.12 lb. per million Btu,
based on an hourly average; and
b.
For boilers firing No. 4, 5, or 6 fuel oil:
1.
0.30 lb. per million Btu, based on a 24-hour
calendar day average;
2.
Install, operate, and maintain low NOx burners
(LNB); or
3.
Install, operate and maintain air pollution control
equipment or an air pollution control process having equivalent or
greater NOx removal efficiency as LNB as approved by the
division and EPA pursuant to Env-A 1211.18;
For tangential or face-fired boilers firing a combination of
oil and
gas:
a.
When firing exclusively gas:
1.
0.10 lb. per million Btu, based on an hourly
average;
29
2.
Install, operate, and maintain LNB; or
3.
Install, operate, and maintain air pollution control
equipment or an air pollution control process having
equivalent or greater NOx removal efficiency as LNB as
approved by the division and EPA pursuant to Env-A
1211.18;
b.
When firing exclusively oil:
1.
When firing No. 2 fuel oil, 0.121b. per million Btu,
based on an hourly average; and
2.
When firing No. 4,
5, or 6 fuel oil:
(i)
0.30 lb. per million Btu, based on a 24-hour
calendar day average;
(ii) Install,
operate, and maintain LNB; or
(iii) Install, operate, and maintain air pollution
control equipment or an air pollution control process
having equivalent or greater NOx removal efficiency as
LNB as approved
by the division and EPA pursuant to Env-
'-
A 1211.18;
c.
When firing a combination of oil and gas:
1.
When firing gas and No. 2 fuel oil, 0.12 lb.
per
million Btu, based on an hourly average; and
2.
When firing gas and No. 4, 5, or 6 fuel oil:
(i)
0.301b. per million Btu, based on a 24-hour
calendar day average;
(ii) Install, operate, and maintain LNB; or
(iii) Install, operate, and maintain air pollution
control equipment or an air pollution control
process having equivalent or greater NOx removal
efficiency as LNB as approved by the division and
EPA pursuant to Env-A 1211.18;
(4)
For boilers firing exclusively gas:
(5)
a.
0.10 lb. per million Btu, based on an hourly average;
b.
Install,
operate,
and maintain LNB;
or
c.
Install, operate, and maintain air pollution control
equipment or an air pollution control process having equivalent or
greater NOx removal efficiency as LNB as approved by the
division and EPA pursuant to Env-A 1211.18; and
For boilers firing wood fuel, or a combination of wood fuel and
oil:
30
a.
For
boilers equipped with a traveling, shaker, or vibrating
grate, 0.33 lb. per million Btu,
based on a 24-hour calendar day
average; and
b.
For boilers equipped with a stationary grate,
0.25 lb. per
million Btu
based on a 24-hour calendar day average.
(d)
Industrial boilers in existence on or after May
31, 1995 with heat input
rates
of 100,000,000 Btu per hour or more shall comply with the NOx RACT
emission
limits, or install the NOx RACT
control technology, specified below:
(1) For wet-bottom boilers firing
coal, or any combination of fuels
utilizing coal:
a.
For tangential
or face-fired boilers, 1.0 lb. per million Btu,
based on a 24-hour calendar day average;
and
b.
For cyclone-fired boilers, 0.921b. per million
Btu, based on
a
24-hour
calendar day average;
(2)
For dry-bottom boilers firing coal, capable
of firing coal, oil, or
any combination thereof
(3)
a.
For tangential-fired boilers, 0.381b.
per million Btu, based
on a 24-hour calendar day average;
b.
For face-fired boilers, 0.501b. per million Btu,
based on a
24-hour calendar
day average; and
c. ý For stoker-fired boilers, 0.301b. per
million Btu, based on a
24-hour calendar day average;
For boilers firing oil, capable of firing
oil, gas, or any combination
thereof
a.
For tangential or face-fired boilers when firing exclusively
oil
1.
0.301b. per million Btu, based on
a
24-hour
calendar day average;
2.
Install,
operate, and maintain LNB; or
3.
Install, operate, and maintain
air pollution control
equipment or an air pollution control process
having
equivalent or greater NOx removal efficiency as
LNB as
approved by the division and EPA pursuant to Env-A
1211.18;
31
b.
For face-fired boilers when firing gas, or any combination
of oil and gas, 0.25 lb. per million Btu based on a 24-hour
calendar day average; and
c.
For tangential-fired boilers when firing gas, or any
combination of oil and gas, 0.251b. per million Btu based
on a
24-hour
calendar day average;
(4)
For boilers firing exclusively gas:
(5)
a.
For tangential or face-fired boilers, 0.10 lb. per million Btu,
based on an hourly
average;
b.
Install, operate and maintain LNB; or
c.
Install, operate and maintain air pollution control
equipment or an air pollution control process having equivalent or
greater
NOx
removal
efficiency as LNB as approved by the
division and EPA pursuant to Env-A 1211.18; and
For boilers firing wood fuel, capable of firing a combination of
wood
fuel
and oil:
a.
For boilers equipped with a traveling, shaker, or vibrating
grate, 0.33 lb. per million Btu, based on a 24-hour calendar day
average; and
b.
For boilers equipped with a stationary grate, 0.25 lb. per
million Btu, based on a 24-hour calendar day average.
(e) Compliance with the NOx RACT emission standards specified in this
section shall be determined by the testing methods specified in Env-A 800 and, if
applicable, by a CEM system for NOx required by Env-A 600 or Env-A 1211.21.
NEW JERSEY
1.
For full text of NOx RACT regulations, Control and Prohibition of Air Pollution from
Oxides of Nitrogen, N.J. Admin. Code § 7:27-19.01 et seq. (2006), see:
http://www.state.ni.us/dep/aqm/Subl9.pdf (Rule amended in 2005 with changes
based
on OTC model rule.)
2.
Approval: Approved by USEPA as RACT at
64 Fed. Reg. 14834 (Mar. 29,
1999) with
various source
specific
RACT determinations approved on other dates and referenced
at
40 CFR § 52.1570.
3.
Applicability: Applies statewide to owners and operators of stationary sources of NOx
emissions, including boilers serving electric generating
units,
industrial/commercial/institutional boilers, combustion turbines, reciprocating engines,
asphalt plant rotary dryers, glass manufacturing furnaces and any other equipment or
32
source operation not specified that has the PTE more than 10 tons
of NOx per year. See
N.J. Admin. Code § 7:27-19.2.
4.
Industrial Boiler Limits:
7:27-19.2
(b) The following types of equipment and source
operations are subject to the provisions of
this
subchapter:
1.
Any
boiler serving an electric generating unit, located at a major NOx facility;
2.
Until March
7,
2007,
any
industrial/commercial/institutional
boiler or other
indirect heat exchanger that has a maximum gross heat input rate
of at least 20 million BTUs per
hour,
located at a major NOx facility. On and after March 7, 2007, the applicability
of this
subchapter
to an industrial/commercial/institutional boiler or other indirect heat exchanger
shall
be determined by (c) 1
below;
(c) On and after March 7, 2007, in addition to the types of equipment
and source operations
listed
at
(b)
above, the following types of equipment or source operations shall be subject
to the
provisions of this subchapter:
1.
Any industrial/commercial/institutional boiler or other indirect heat
exchanger
that has a maximum
gross heat input rate of at least five million BTU per hour, whether or not it
is located at a major NOx facility;
7:27-19.7
Industrial/commercial/institutional boilers
and other indirect heat
exchangers
(a) Beginning in calendar year 1995,
and until March 7, 2007, the owner or operator of an
industrial/commercial/institutional boiler or other
indirect heat exchanger with a
maximum gross heat input rate of at least 20 million but less than 50 million
BTUs per
hour
shall:
1.
Annually adjust the boiler's combustion process in accordance
with N.J.A.C.
7:27-19.16, each calendar year; or
2.
Cause the boiler or other indirect heat exchanger to emit NOX at a rate no
greater
than
the
applicable
maximum allowable NOX emission rate specified in Table 5
below, and establish compliance with this requirement
by continuous emissions
monitoring pursuant to N.J.A.C. 7:27-19.15(a)1.
(b)
Beginning on May 31, 1995,
and until March 7, 2007, the owner or operator of an
industrial/commercial/institutional boiler or other
indirect heat exchanger with a
maximum gross heat input rate of at least 50 million but less
than 100 million BTUs per
hour shall cause the boiler or other indirect heat exchanger to emit NOX at
a rate no
greater
than the applicable maximum allowable NOX emission rate specified in Table
5
below, and comply with
the
requirements
of (e) below.
33
TABLE 5
Maximum Allowable
NOX Emission Rates for
Industrial/Commercial/Institutional
Boilers and other Indirect Heat Exchangers
Subject to N.J.A.C. 7:27-19.7(b)
(pounds per million
BTU)
Firing Method
Fuel/Boiler Type
Tangential
Face
Cyclone
Coal -- Wet Bottom
1.0 -- -
1.0
0.55
Coal
-- Dry Bottom
0.38
0.43
0.55
2 Fuel Oil
0.12
0.12
0.12
Other Liquid Fuels
0.3
0.3
0' .3
Refinery fuel gas
0.20
0.20
N/A
Natural
Gas
0.1
0.1
0.1
(c) Beginning
on May 31, 1995, and until March 7,
2007, the owner or operator of an
industrial/commercial/institutional boiler
or other indirect heat exchanger with a
maximum gross heat
input rate of at least 100 million BTUs per
hour shall cause the
boiler or other
indirect heat exchanger to emit NO, at a
rate no greater than the applicable
maximum
allowable NOX emission rate specified
in Table 6 below, and comply with the
applicable requirements of
(d) or (e) below.
TABLE 6
Maximum
Allowable NOX Emission Rates for
Industrial/Commercial/Institutional
Boilers and other Indirect
Heat Exchangers
Subject to N.J.A.C. 7:26-19.7(c)
(pounds per
million BTU)
Firing Method
Fuel/Boiler Type
Tangential
Face
Cyclone
Coal -- Wet Bottom
1.0
1.0
0.60
Coal -- Dry Bottom
0.38
0.45
0.55
Oil and/or Gas
0.20
0.28
0.43
Refinery fuel gas
0.20
0.20
N/A
Gas Only
0.20
0.20
0.43
(d) In addition to complying
with (c) above, the owner
or operator of any
industrial/commercial/institutional
boiler or other
indirect heat exchanger with a
maximum gross
heat input rate of at least 250
million BTUs per hour shall install a
continuous emissions monitoring system
in accordance with N.J.A.C. 7:27-19.18.
34
(e)
(f)
Until March 7, 2007, in addition to complying with (b) or (c) above, as applicable, the
owner or operator of an industrial/commercial/institutional boiler or other indirect
heat
exchanger with a maximum gross heat input rate of at
least
50
million BTUs
per
hour but
less than 250 million
BTUs per hour shall either:
1.
Annually adjust the boiler's combustion process in accordance with
N.J.A.C. 7:27-19.16, each calendar
year;
or
2.
Establish compliance
with the applicable maximum allowable emission rate by
continuous
emissions monitoring pursuant to N.J.A.C. 7:27-19.15(a)1.
Until March 7, 2007, in lieu of complying with a
NOX emission limit under (b) or (c)
above, the owner or operator
of an industrial/commercial/institutional boiler or other
indirect heat exchanger
may comply with N.J.A.C. 7:27-19.3(f).
(g) On and after March 7, 2007, the
owner or operator of an
industrial/commercial/institutional
boiler or other indirect heat exchanger with a
maximum gross heat input rate of at least five million BTU per hour, whether or not it is
located at a major NO,, facility, shall adjust the combustion process annually in
accordance with the procedure set forth at N.J.A.C.
7:27-19.16 and the following
schedule:
1.
For an industrial/commercial/institutional boiler or
other indirect heat
exchanger
with a maximum gross heat input
rate of at least five million BTU per hour, but
less
than
10 million BTU per hour, in the same quarter of each calendar year,
beginning in 2010;
2.
For an industrial/commercial/institutional boiler
or other indirect heat exchanger
with a maximum gross heat
input rate of at least 10 million BTU per hour, but
less than
20 million BTU per hour, in the same quarter of each calendar year
beginning in 2008; or
3.
For an industrial/commercial/institutional boiler
-or other indirect heat exchanger
with a maximum
gross heat input rate of at least 20 million BTU per hour or
greater, in the same quarter of each calendar year beginning in 2007.
(h) On and after March 7, 2007, an industrial/commercial/institutional
boiler or other indirect
heat exchanger with a
maximum gross heat input rate of at least 50 million BTU per
hour, located at
a major NO. facility, shall cause the boiler or other indirect heat
exchanger
to emit NO, at a rate no greater than the applicable maximum allowable NO,
emission rate specified in Table 7 below, unless
the owner or operator is complying
with
N.J.A.C. 7:27-19.3(f).
TABLE 7
Maximum Allowable NOX
Emission Rates for
35
Industrial/Commercial/Institutional Boilers or other Indirect
Heat Exchangers
(pounds per million BTU)
Heat Input Rate
Fuel/Boiler Type
Firing Method
(million BTU
per hr)
Tangential
Face
Cyclone
at least 50 but < 100
Natural
gas
0.10
0.10
0.10
#2 Fuel oil
0.12
0.12
0.12
Refinery fuel gas and
other gaseous fuels
0.20
0.20
N/A
Other liquid fuels
0.30
0.30
0.30
Coal - Wet Bottom
1.0
1.0
0.55
Coal - Dry Bottom
0.38
0.43
0.55
at least 100 or greater Natural gas only
0.10
0.10
0.10
36
Refinery fuel gas and
other gaseous fuels
0.20
0.20
N/A
Fuel oil and/or
natural
gas
0.20
0.28
0.43
Coal - Wet Bottom
1.0
1.0
0.60
Coal - Dry Bottom
0.38
0.45
0.55
NEW YORK
1.
For full text
of regulations, Reasonably Available Control Technology (RACT
for Oxides
of Nitrogen (NOx), N.Y. Comp. Codes R. & Regs. tit.
6 § 227-2.1 et seq. (2006), see:
htlp://www.dee.state.ny.us/website/re ss/subpart227
2.html
2. Approval:
Approved by USEPA as NOx RACT at 66 Fed.
Reg. 28063 (May 22, 2001).
3.
Applicability: Applies statewide
to owners and operators of specific types of major
stationary sources of
NOx, including boilers, combustion turbines, stationary
internal
combustion engines and other combustion sources.
4.
Industrial Boiler Limits:
New
York has two types of limits--presumptive
or case-by-case. Case-by-case RACT
considers the technological and economic
circumstances of the individual source and is
established by permit and submitted
separately to USEPA as a SIP revision. A source
may use this when
presumptive RACT limits are not attainable at the source. The source
must demonstrate
that presumptive RACT is not economically
or technically feasible.
N.Y.
Comp. Codes R. & Regs. tit. 6, §§ 227-2.4,
227-2-5(c). Presumptive RACT limits
for industrial boilers are at N.Y. Comp. Codes
R. & Regs. tit. 6, § 227-2.4 as follows:
(a)
Very large boilers. The owner
or operator of a very large boiler must
comply with
either the presumptive RACT emission limits
of paragraph
(1) of this subdivision or a case-by-case
RACT determination made
pursuant to paragraph (2) of this
subdivision, as applicable.
37
(1) Emission limits.
(Pounds NO,, per million Btu) Boiler Configuration
Fuel Type
Tangential
Wall
Cyclone
Stokers
Gas
Only
T
_
0.20
_
0.20
F
na
na
Gas/Oil
0.25
0.25
0.43
na
Coal Wet Bottom
i 1.00
1.00
0.60
na
Coal Dry Bottom
0.42
0.45 ý
na
ý0 301
'This emission limit is 0.33 pounds per million Btu when
at
least 25
percent other solid fuels (e.g., tire-
derived fuel, waste wood), on a Btu basis, are utilized.
Compliance with these emission limits must be determined on a 24-hour
heat input-weighted average basis in accordance with the provisions of
section
227-2.6
(a)(1) of this Subpart. From October 1st to April 30th, a
30-day rolling heat input-weighted average may be
used to demonstrate
compliance.
(2) For very large boilers having configurations other than those listed
above or which are fired primarily with fuels not
listed above, the
owner or operator must submit, as part of the compliance plan
required under section 227-2.3(a) and (b) of this Subpart, a
proposal
for RACT to be implemented that includes descriptions
of
(i) the available NO, control technologies, the projected
effectiveness of the technologies considered, and the costs
for installation and operation for each of
the technologies;
and
(ii) the technology and the appropriate emission limit selected
as RACT considering the costs for installation and
operation
of the technology.
(b) Large boilers. The owner or operator of a large boiler must comply with
either the presumptive RACT emission limits of paragraph (1) of this
subdivision or a case-by-case RACT determination made pursuant to
paragraph (2) of this subdivision, as applicable.
(1) Emission limits.
(Pounds per million Btu)
38
Fuel Type
rn
.
Emission Limit -
Gas Only
0.20
;Gas/Oil
0.30
Pulverized Coal
0.50
Coal
(Overfeed
Stoker)
_-
- 0.302
_..ý.ý_..
2
This emission limit is 0.33 pounds per million Btu when at least 25 percent other solid fuels (e.g.,
tire-
derived fuel, waste wood), on a Btu basis, are utilized.
Compliance with these emission limits must be determined with a
one hour average in accordance
with the provisions of section 227-
2.6(a)(3)of this Subpart unless the owner
or operator chooses to
utilize a CEMS under the provisions of section 227-2.6(a)(2)
of
this Subpart. If a CEMS is utilized, the requirements of section
227-2.6(b) of this
Subpart apply, including the use of a 24-hour
averaging period.
(2)
For large boilers fired primarily with fuels not listed above, the
owner or operator must submit, as part of the compliance plan
required
under
section 227-2.3(a)
and (b) of this Subpart, a
proposal for RACT to be implemented that includes descriptions
of:
(i)
the available NO, control technologies,
the projected
effectiveness of the technologies considered, and the costs
for installation and operation for each of the technologies;
and
(ii) the technology and the appropriate emission
limit selected
as RACT considering the costs for installation and
operation of the technology.
(c) Mid-size boilers. The owner or operator of a mid-size boiler must comply
with the presumptive RACT technology
provisions of subparagraph (1)(i)
or (ii) of this subdivision, the presumptive RACT emission limits of
paragraph (2) of this subdivision, or a case-by-case RACT determination
pursuant to subparagraph (1)(iii) or (iv) of this subdivision, as applicable.
(1) (i)
Boilers fired with natural gas, distillate oil
or a combination
of these fuels must utilize approved low NO,, burners.
(ii)
Boilers fired primarily with residual oil must utilize
approved low NO,, burners and flue gas recirculation
utilizing at least 10 percent recirculation.
39
(iii) For boilers fired primarily with fuels not listed in
subparagraphs (i) and (ii) of this paragraph, the owner or
operator must submit, as part of the compliance plan
required under section 227-2.3(a) and (b) of this Subpart, a
proposal for RACT to be implemented
that includes
descriptions of
(a) the available NO,, control technologies, the
projected effectiveness of the technologies
considered, and the costs for installation and
operation for each of the technologies; and
(b) the technology and the appropriate emission limit
selected as RACT considering the costs for
installation and operation of the technology.
(iv) For those boilers where physical constraints make it
impossible or impractical to implement the requirements of
subparagraph (i), (ii), or (iii) of this paragraph or paragraph
(2)
of this subdivision,
the owner or operator must
submit,
as part of the compliance plan required under section 227-
2.3(a) and (b) of this Subpart, a proposal for RACT to be
implemented that includes a clear and convincing technical
demonstration
of such constraints and descriptions of
(a) the available NO,, control technologies, the
projected effectiveness of the technologies
considered, and the costs
for installation
and
operation for each of the technologies; and
(b) the technology and the appropriate emission limit
selected as RACT considering the costs for
installation and operation
of the technology.
(2) Emission limits.
(Pounds NO,, per million
Btu)
Compliance with these emission limits must be determined with a
one hour average in accordance
with the provisions of section 227-
40
2.6(a)(4)
of this Subpart unless the owner or operator chooses
to
utilize a CEMS under the provisions
of section 227-2.6(a)(2) of
this Subpart. If a CEMS is utilized, the requirements
of section
227-2.6(b) of this Subpart apply, including the use
of a 24-hour
averaging period.
(d) Small boilers. The owner
or operator of a small boiler must annually
perform a tune-up and maintain, in a permanently
bound log book, or
other format approved in writing by the department, the following
information:
(1) the date of the last tune-up;
(2) the name, title and affiliation of the person
who made the
adjustments; and
(3)
PENNSYLVANIA
any other information
which the department may require as a
condition of approval
of
its
permit.
1.
For full text of NOx RACT regulations, Stationary
Sources of NOx And VOCs, 25 Pa.
Code § 129.91 - 129.95 (2006), see:
htlp://www.pacode.com/secure/data/025/chgpterl
29/chapl29toc.html
2.
Approval: Approved by USEPA as NOx RACT at 66 Fed.
Reg. 52534 (Oct. 16, 2001)
and 66 Fed. Reg. 54699 (Oct. 30, 2001) with various case-by-case RACT
determinations
approved on other dates and referenced at 40 CFR § 52.2020.
3.
Applicability: Applies to owners and operators of major
NOx emitting facilities
throughout the state.
4.
Industrial Boiler Limits:
A.
Generic RACT regulations do not specifically define RACT for
a source or source
category, but instead impose
procedures for imposing case-by-case RACT
determinations. Subject facilities
are required to submit a RACT proposal to the
Pennsylvania Department of Environmental Protection
(PDEP) who then imposes RACT
on each subject source in an enforceable document, usually a Plan Approval (PA)
or
Operating Permit (OP). The PDEP then submits these PAs and OPs to USEPA for
approval as
source-specific SEP revisions. 25 Pa. Code § 219.91 - 129.95 (2006).
B.
Presumptive RACT emission limitations listed for specified
units as an alternative
to the process of establishing RACT on a case-by-case basis. Limits here are
tied to
inspection, adjustments or tune-ups, or operations in accordance with manufacturer
41
specifications. Applicable industrial boiler text of the regulation at 25 Pa. Code
§
129.93
is as follows:
§ 129.93. Presumptive RACT emission limitations.
(a)
The owner and operator of a major NOX emitting facility listed in this section and subject
to § 129.91 (relating
to control of
major sources
of NOX and VOCs) may elect to comply with the
emission limitations of this section as an alternative to
developing and implementing a RACT
emission limitation on a case-by-case basis.
(b) The owner and operator shall develop and implement the following presumptive RACT
emission limitations:
(1)
For a coal-fired combustion unit with a rated heat input
equal to or greater than
100 million Btu/hour, presumptive RACT shall be the installation and operation of low NO,
burners
with separate overfire air.
(2) For
a combustion
unit with a rated
heat input equal to or greater than 20 million
Btu/hour and less than 50 million Btu/hour presumptive RACT shall be the performance
of an
annual adjustment or tuneup on the combustion process. This adjustment shall include, at a
minimum, the following:
(i) Inspection, adjustment, cleaning or replacement of fuel-burning
equipment, including the burners and moving parts necessary for proper operation as specified
by
the manufacturer.
(ii) Inspection of the flame pattern or characteristics and adjustments
necessary to minimize total emissions of NO, and to the extent practicable minimize emissions
of CO.
(iii) Inspection of the air-to-fuel ratio control
system and adjustments
necessary to ensure proper calibration and operation as specified by the manufacturer.
(3) For combustion units subject to paragraph (2), the owner and operator of the
adjusted equipment
shall
record
each
adjustment
conducted under the procedures in paragraph
(2) in a permanently bound log book or other method approved by the Department.
This log shall
contain, at a minimum, the following information:
(i)
The date of the tuning procedure.
(ii) The name of the service company and technicians.
(iii) The final operating rate or load.
(iv) The final CO and NOX emission rates.
(v) The final excess oxygen rate.
(vi) Other information required by the applicable operating permit.
(4) For oil, gas and combination oil/gas units subject to paragraph (2), the owner and
operator shall maintain records
including a
certification
from
the fuel supplier of the type of fuel
42
and for each
shipment of distillate oils number 1 or 2, a certification that the fuel complies with
ASTM D396-78 "Standard
Specifications
for Fuel Oils."
For residual oils, minimum
recordkeeping includes a certification from the fuel supplier of the nitrogen content of the fuel,
and identification of the sampling method and sampling protocol.
(5)
For
oil and gas and combination oil/gas fired units subject to paragraph (2), the
owner and operator shall make the annual adjustment in accordance
with the EPA document
"Combustion Efficiency Optimization Manual for Operators of Oil and
Gas-fired Boilers,"
September 1983 (EPA-340/1-83-023) or equivalent procedures approved in writing by the
Department.
(c) For the following
source types, presumptive
RACT
emission limitations are the
installation, maintenance and operation of the source in accordance with manufacturers
specifications:
(1) Boilers
and other combustion sources with individual rated gross heat inputs less
than 20 million Btu/hour of operation.
ý**
(5) Any fuel-burning equipment, gas turbine or internal combustion engine with an
annual capacity factor
of
less
than 5%, or an
emergency standby
engine operating less than 500
hours in a consecutive 12-month period.
(6) Sources which have been approved as meeting LAER for NO,, emissions since
November 15, 1990, with Federally enforceable emission limitations.
(7) Sources which have been approved as meeting BACT for NO,, emissions
since
November 15, 1990, with Federally enforceable emission limitations. These sources shall,
however,
meet any more stringent category-wide RACT emission limitation promulgated by
EPA or the Department.
RHODE ISLAND
1.
For full text of NOx RACT regulations, Control of Nitrogen Oxides Emissions, 12-031-
027 R.I. Code R. § 27.1 et seq. (2006), see:
http://www.dem.ri.gov/pubs/regs/regs/air/air27 96.pdf
2.
Approval: General NOx RACT approved at 62 Fed. Reg. 46202 (Sept. 2, 1997) with
various alternative facility specific RACT determinations approved on other
dates.
3.
Applicability: Applies statewide to all stationary sources which have PTE 50 tons
of
NOx per year from all pollutant-emitting equipment or activities. Some exemptions are
allowed. 12-031-027 R.I. Code R. § 27.2.
43
4.
Industrial Boiler Limits:
The regulations provide two options. The Alternative RACT
option provides procedures
for facilities that seek a relaxed standard from prescribed RACT limits.
These alternative
RACT
determinations must be approved by USEPA as a SIP revision and must be
reviewed every three years until the prescribed
RACT limits are achieved. 12-031-027
R.I. Code R. § 27.4.8. Prescribed RACT specifies limits
for sources, including the
following limits for industrial boilers:
Regulation 27.4.2
Industrial - Commercial - Institutional Boilers
(a) On and after 31 May 1995, no person shall cause or allow the emission
of NOx from any
Industrial -
Commercial - Institutional boiler, fired with natural gas or distillate
oil, with
a heat input capacity of 50 million
BTUs per hour or greater, in excess of the following
emission limitations:
1.
0.10 lbs per million BTU of heat input 10 when operated on natural gas
2.
0.121bs per million BTU
of heat input when operated on distillate oil or
liquified petroleum gas (LP)
(b) On
and after 31 May 1995, no person shall cause or allow the emission of NOx from
any
Industrial - Commercial - Institutional
boiler, fired with residual oil, with a heat input
capacity of 50 million BTUs per hour or greater, unless the boiler is
equipped with low -
NOx burners and flue gas recirculation (with a minimum of 10% flue gas recirculation)
or equivalent control.
(c) On and after 31 May 1995, no person shall cause or permit the emission
of NOx from any
Industrial - Commercial - Institutional boiler, with a heat input capacity of 1 million
BTU
per
hour
or
greater,
but less than 50 million BTUs per hour, unless the boiler is
tuned at least once per year in accordance with the procedure
described in Appendix A.
Regulation 27.4.5
The RACT requirements in Subsections 27.4.1 - 27.4.4 do not
apply to equipment and pollutant -
emitting activities that have been determined to be BACT or LAER in any permit
issued by the
Division pursuant to Air Pollution Control Regulation No. 9 since 15 November 1992.
TENNESSEE
1.
Nitrogen Oxides, Tenn. Comp. R. & Regs. 1200-3-27, et seq. (2006). For full
text of the
regulation, see http://www.state.tn.us/sos/rules/1200/1200-03/1200-03-27.pdf
2.
Approval Date: Nitrogen Oxides, Tenn. Comp. R. & Regs. 1200-3-27
(2006). Approved
by USEPA at 61 Fed. Reg. 39326 (July 29, 1996). Only portions of the
sections were
approved and added to the SIP.
44
3.
Application/Limits for Industrial Boilers:
(1) "(b) Specifically, the owner of operator of a tangentially-fired
coal burning boiler
having heat input capacity in excess of 600 million BTU
per hour in Davidson,
Rutherford, Summer, Williamson, or Wilson County shall not allow emissions of
nitrogen oxides from
that boiler in excess of 0.45 pound per million BTU (30-day
rolling average) (RACT)." See Tenn.
Comp. R. & Regs. 1200-3-27.03(1)(b).
(3)
"(a) The owner or operator of a boiler subject
to the requirements of
Subparagraph (1)(b) of this rule shall:
1. Submit a final control plan, acceptable to the Technical Secretary, for the
installation of nitrogen oxides emission
control systems and/or modifications of
fuel burning equipment to the Technical Secretary by April 26,
1994;
2. Complete construction or installation of equipment by May 31, 1995;
and
3. Demonstrate full compliance with nitrogen oxides reasonably available control
technology
by July 31,
1995,
using approved test methods and procedures." See
Tenn. Comp. R. & Regs. 1200-3-27.03(3)(a).
TEXAS
1.
For full text of the regulations, see:
"
EGUs in Ozone Containment Areas - Applicability, 30 Tex. Admin.
Code
§
117.101 (2006).
http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p
dir=&p r
loc=&p tloc=&p ploc=&pg=1 &p tac=&ti=30&pt=1 &cl1=117&r1=101
"
EGUs in Ozone
NonAttainment Areas - Emission Specifications for RACT, 30
Tex. Admin. Code § 117.105 (2006).
http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app='-9&
dir=&p r
loc=&p tloc=&p ploc=&pg=1&p tac=&ti=30&pt=1&ch=117&rl=105
"
Industrial Commercial and Institutional
Combustion Sources in Ozone
NonAttaimment Areas - Applicability, 30 Tex. Admin. Code § 117.201 (2006).
http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p dir=&pýr
loc=&p tloc=&p ploc=&pg=1
&p tac=&ti=30&pt=1 &ch=117&r1=201
"
Industrial Commercial and Institutional Combustion Sources
in Ozone
NonAttaimment Areas - Emission Specifications for RACT, 30 Tex. Admin. Code
§ 117.205 (2006).
http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p
dir=&p r
loc=&p tloc=&p ploc=&pg=l &p tac=&ti=30&pt=1 &ch=117&rl=205
2.
Approval Date: All provisions referenced above were approved by USEPA at 66 Fed.
Reg.
57244 (Nov. 14, 2001).
3.
Application and Limits for Industrial Boilers
" Industrial Commercial and Institutional Combustion Sources in Ozone
NonAttainment Areas - Applicability,
30 Tex.
Admin.
Code § 117.201
(2006)
45
Applies to the following units located at any major stationary source
of NOx located within the Beaumont/Port Arthur, Dallas/Fort Worth,
or Houston/Galveston ozone nonattainment areas: . . . industrial,
commercial, or institutional boilers and process heaters; and boilers
and industrial furnaces which were regulated as existing facilities by
the United States
Environmental Protection Agency
at 40 Code of
Federal Regulations Part 266, Subpart H (as was in effect on June 9,
1993) ... See 30 Tex. Admin. Code §§ 11 7.201(l), (5) (2006).
Industrial Commercial and Institutional Combustion Sources in Ozone
Non-Attainment
Areas - Emission Specifications for RACT, 30 Tex. Admin.
Code § 117.205 (2006).
- Previous Permit Limits/New Permit limits
- "b)
For each boiler and process
heater
with a maximum rated
capacity greater than or equal to 100.0 MMBtu/hr of heat input, the
applicable emission limit is as follows:
(1) gas-fired boilers, as follows:
(A) low
heat
release boilers with no preheated air or
preheated air less than 200 degrees Fahrenheit, 0.10 lb NOX
/MMBtu of heat input;
(B) low heat release boilers with preheated air greater
than or equal to 200 degrees Fahrenheit and less than 400
degrees Fahrenheit, '0,15 lb NO,, /MMBtu of heat input;
(C) low heat release boilers with preheated air greater
than or equal to 400 degrees Fahrenheit, 0.201b NOX
/MMBtu of heat input;
(D) high heat release boilers, with no preheated air or
preheated air less than 250 degrees Fahrenheit, 0.201b NOX
/MMBtu of
heat input;
(E) high heat release boilers with preheated air greater
than or equal to 250 degrees Fahrenheit and less than 500
degrees Fahrenheit, 0.241b NOX /MMBtu of heat input; or
(F) high heat release boilers with preheated air greater
than or equal to 500 degrees Fahrenheit, 0.28 lb NOX
/MMBtu of heat input...
(3) liquid fuel-fired boilers and process heaters, 0.30 lb NO,,
/MMBtu of heat input;
(4) wood
fuel-fired boilers and process heaters, 0.301b
NOX
/MMBtu of heat input;
(5) any unit operated with a combination of gaseous, liquid, or
wood fuel, a variable emission limit calculated as the heat input
weighted sum of the applicable
emission limits of
this subsection;
(6)
for any gas-fired boiler or process heater firing gaseous fuel
which contains more than 50% hydrogen by volume, over an eight-
hour period, in which the fuel gas composition is sampled and
46
analyzed every three hours, a multiplier of up
to 1.25 times
the
appropriate emission limit in this subsection may be used for that
eight-hour period. The
total hydrogen volume in all gaseous fuel
streams will be divided by the
total gaseous fuel flow volume to
determine the volume percent of hydrogen in
the fuel supply. The
multiplier may not be used to increase limits set by permit. The
following
equation shall be used by an owner or operator using a
gas-fired boiler or process
heater which is subject to this paragraph
and one of the rolling 30-day averaging period emission limitations
contained in paragraph (1) or (2) of this subsection to calculate an
emission limitation for each rolling 30-day period: [See
http://info.sos.state.tx.us/fids/30
0117 0205-1.html ]. . . .
h) Units exempted from the emissions specifications of this section
include the following:
(1)
any industrial, commercial,
or institutional boiler or
process heater with a maximum rated capacity
less than
100 MMBtu/hr;
(2) any low annual capacity factor boiler, process
heater, stationary gas turbine,
or stationary internal
combustion engine as defined in § 117.10 of this
title
(relating to Definitions); boilers and industrial furnaces
which were -regulated
as existing facilities by the EPA at 40
Code of Federal Regulations Part 266,
Subpart H, as was in
effect `on June 9, 1993 . . ." 30 Tex. Admin. Code § 117.205
(2006).
VERMONT
1.
For full text of NOX RACT
regulations, Control of Nitrogen Oxides Emissions, 12-031-
001 Vt. Code R. § 5-251 (2006) see: h.ttp://www.anr.state.vt.us/air/does/gpcregs.pdf:
2. Approval: Approved by USEPA as NOx RACT at 62 Fed. Reg. 17084 (April 9, 1997).
SIP approval
for
a source-specific NOx RACT determination was based on a Vermont
consent order dated January 4, 1995, allowing
a
facility-specific
RACT determination.
3.
Applicability: Applies to stationary sources with 100 tons per year or more of NOx
emissions. (Only one source in the state is subject to NOx RACT.)
4.
Industrial Boiler Limits:
Limits for any fuel burning equipment with a heat input capacity of 250 million BTUs
per hour or more are specified at 12-031-001 Vt. Code R. § 5-251 as follows:
47
Electronic Filing - Received, Clerk's Office, November 25, 2008
* * * * * Exhibits to Hirner Testimony * * * * *
(1)
No person shall discharge, or cause, allow or permit
emissions of oxides of nitrogen,
expressed
as NOx, from any fuel burning equipment with
a
heat
input capacity of 250 million
BTU's per hour or more in excess
of
(3)
(a) 0.36 grams per million calories heat
input (0.20 pounds per million BTU) derived
from gaseous fossil fuel.
(b) 0.54 grams
per million calories heat input (0.30 pounds
per million BTU) derived
from liquid fossil
fuel.
(c) 1.26 grams per million
calories heat input (0.70 pounds per million BTU) derived
from solid fossil fuel (except lignite or a fossil
fuel containing 25 percent by
weight, or more of coal refuse).
***
Reasonably available control technology for large
stationary sources.
(d) Exemptions. Any NOx emission
unit required to meet the most stringent
emission rate (MSER) in a construction permit
containing specific emission limits
is exempt from the requirements of Section 5-251(3).
VIRGINIA
1.
For
full text of NOx RACT"regulations, Reasonably available control
technology
guidelines for stationary sources
of nitrogen oxides, 9 Va. Admin. Code § 5-40-311
(2006) see: http://www.deq.vir Tip, nia. ov/air/pdf/airre
s/pdf
2.
Approval: Generic limits
approved by ,USEPA as NOx RACT in 64 Fed.
Reg. 22792
(April 28, 1999). Various source
specific RACT determinations were approved
on other
dates and are referenced at 40 C.F.R § 52.2420(d).
3.
Applicability: RACT
applies to all facilities that are within a stationary
source within
Northern Virginia or Western
Virginia Emission Control Areas and that are within
a
stationary source that has a theoretical potential
to emit 25 TPY or greater in the Northern
Virginia Emissions Control Area or 100 tons per year or greater
in the Western Virginia
Emissions
Control Area. Theoretical potential to emit shall be based
on emissions at
design capacity or maximum
production and maximum operating hours (8,760
hours/year) before add-on controls, unless the facility
is subject to state and federally
enforceable permit conditions which limit production rates
or hours of operation.
Emissions
from all facilities, including facilities exempt from any
other emission
standard for
nitrogen oxides in this chapter, shall be added together to determine
theoretical potential to emit. See
9 Va. Admin. Code § 5-40-310(C).
4.
Industrial Boiler Limits at 9 Va. Admin. Code § 5-40-311(C):
C.
Definition of reasonably
available control technology.
48
Electronic Filing - Received, Clerk's Office, November 25, 2008
* * * * * Exhibits to Hirner Testimony * * * * *
1.
For the
source types listed below, reasonably available control technology
is defined as the emission limits specified below based upon
the application of combustion
modification; however, owners may elect to use any alternative control
technology, provided
such alternative is capable of achieving the prescribed emission limits.
a.
Steam generating
units and process heaters. The maximum
allowable emission rate for nitrogen oxides from steam generating
units and process heaters is as
follows:
TABLE
4-4C
Maximum Allowable Emission Rates for Nitrogen Oxides Emissions from
Steam
Generating Units and Process Heaters (pounds per million Btu heat input)
Fuel Type
Firing Method
Face and Tangential
Cyclone
Stokers
Coal - wet bottom
1.0
.55
N/A
Coal - dry bottom
.38
N/A
0.4
Oil or Gas or both
.25
.43
N/A
Gas only
.20
N/A
N/A
* Includes wall, opposed and vertieal firing methods
The regulation excludes from NOx RACT requirements specific
source types and sizes at
9 VAC 5-4311(C)(3) including
any steam generating unit, process heater or gas turbine with
annual capacity factor of less than 5.0%
with some limitations. See 9 Va. Admin. Code § 5-40-
311(C)(3)(a).
WASHINGTON, D.C.
1.
2.
3.
NOx RACT regulations, Reasonably Available Control Technology
for Major Stationary
Sources of the Oxides of Nitrogen, D.C. Mun. Regs. Tit. 20, § 20-805.1 et seq. (2006).
Approval: Approved
as NOx
RACT
by USEPA at 65 Fed. Reg. 81369 (Dec. 26, 2000).
Applicability: The requirements apply to any person specified pursuant to the
following
provisions of D.C. Mun. Regs. Tit. 20 § 20-805.1:
(a) Any person owning, leasing, operating or controlling any
major stationary source,
having the potential to emit twenty-five (25) tons per year or more of
oxides of nitrogen,
including the following major stationary sources:
(1) Fossil-fuel-fired steam-generating
units having an energy input capacity of twenty
million (20,000,000) BTU per hour or more;
49
(2) Stationary combustion turbines having an energy input capacity of one hundred
million (100,000,000)
BTU
per hour or more;
(3) Asphalt concrete plants having the potential to
emit twenty-five (25) tons per year
or more of NOx; and
(4) Any major stationary source or part of a major stationary source, other than those
specified in this subsection, having the potential to emit twenty-five (25) tons per
year or more of NOx;
(b) Any person owning, leasing, operating or controlling a major stationary source
ever subject to § 805 shall continue to comply with all requirements of § 805, even if
emissions from the subject major stationary source no longer exceed the twenty-five (25)
ton per year applicability requirement of § 805; and
(c) The requirements of § 805 shall not apply to the following:
(1) Any person subject to § 805 who is able to demonstrate
to the Mayor that,
since January 1, 1990, the major stationary source has not emitted, before the application
of air pollution control equipment, twenty-five (25) tons per year or more of NOx in any
year: provided that the person
obtains a permit from
the Mayor limiting the potential to
emit to less than twenty-five (25) tons per year and provided the permit is
transmitted to
and approved by EPA as a revision to the District's State Implementation Plan; and
(2) Emergency standby engines operated less than five hundred (500) hours
during any consecutive twelve
(12) month period.
4.
Industrial Boiler Limits:
D.C.
Mun.
Regs. Tit. 2Q, § 20-805.5: Any person owning, leasing,
operating or
controlling any fossil-fuel-fired steam-generating unit subject to § 805 shall comply
with
the requirements of this subsection:
(a) Any person owning, leasing, operating or controlling any fossil-fuel-fired steam-
generating unit with an energy
input capacity of twenty million (20,000,000)
BTU per
hour or greater shall prior to May 1 st of each year starting in 1995, adjust the combustion
process in accordance with the procedure for doing so set forth at § 805.8; and
(b) After May 31, 1995, no person owning, leasing, operating or controlling any
fossil-fuel-fired steam-generating unit with an
energy input
capacity of fifty million
(50,000,000) BTU per hour or greater and less than one hundred million (100,000,000)
BTU per hour shall emit NOx at a rate greater than the applicable maximum allowable
NOx emission rate cited in this paragraph. For tangential or face-fired fossil-fuel-fired
steam-generating units powered exclusively by oil: thirty hundredths pound (0.30 lb) per
million BTU, based on a calendar day average;
(c) After May 31, 1995, no person owning, leasing, operating or controlling a fossil-
fuel-fired steam-generating unit with an energy input capacity of one hundred million
(100,000,000) BTU per hour or greater shall emit NOx at an emission rate greater than
the following maximum allowable NOx
emission rate:
(1)
For dry bottom coal fired fossil-fuel-fired steam-generating units:
50
(A) Forty-three hundredths
pound (0.43 lb) per million BTU, based on
a calendar day average, for tangential
or face-fired fossil-fuel-fired steam-generating
units; and
(B) Forty-three hundredths pound (0.43
lb)
per
million BTU, based on
a calendar day
average, for stoker-fired fossil-fuel-fired
steam-generating units;
(2)
For tangential
or face-fired fossil-fuel-fired steam-generating units:
(A) Twenty-five hundredths pound (0.25
lb) per million BTU, based
on a calendar day average, for fossil-fuel-fired steam-generating
units powered by fuel oil
or a combination of fuel oil and
natural gas; and
(B) Twenty
hundredths pound (0.20 lb) per million
BTU, based on a
calendar day average,
for fossil-fuel-fired steam-generating units powered
exclusively by
natural gas;
(d) Any person who owns, leases,
operates or controls a fossil-fuel-fired steam-
generating unit subject to §
805.6(b) or (c) shall submit an emissions control
plan, and
have the plan
approved by the Mayor under § 805.3. The plan
shall be submitted by July
1, 1994;
ILLINOIS
ENVIRONMENTAL REGULATORY GROUP WORK
PRODUCT j6/23/06)
S ummary Table
Comparing Illinois Proposed NOx RACT
Limits to Other States NOx RACT Limits
(To the extent the Categories
are Comparable)
(Note, most states do not distinguish between
single and multiple burners)
Category and Fuel
Type
S ize
Unit Type
IL Suggested
NOx
Limit
OTC' C'A` Corm.
j
D
cl.
G A
Kl'4
IERG Memo
Page #
3-5
6
6-8
8-11
11
11
ICI Boilers
mmBtu/hr
Lb/mmBtu
Natural Gas
>100
Single Burner
0.05
0.10.
0.20
0.20
>100
Multiple Burners
0.06
0.10
0.20
0.20
Residual Fuel Oil
>100
Single Burner
0.06
0.20
0.25
0.25
>100
Multiple Burners
0.06
0.20
0.25
0.25
Distillate Fuel Oil
>100
Single Burner
0.07
0.20
0.20
0.25
>100
Multiple Burners
0.10
0.20
0.20
0.25
Coal-Wall
>100
PC Wall-fired
0.14
0.20
0.38
0.38
Coal-Tangential
>100
PC-Tangential
0.12
0.20
0.38
0.38
Coal-Stoker
>100
All Stokers
0.22
0.20
0.38
0.40
Coal-FBC
>100
FBC
0.08
0.20
0.29
Wood/Non-Fossil
solid
fuel
>100
All Stokers
0.11
0.30
Other Gaseous Fuels
(e.g., process Gas)
>100
Single Burner/
Multiple Burner
0.05/0.06
0.30
Other Liquid
Fuels
(e.g., liquid waste)
>100
Single Burner/
Multiple Burner
0.07/0.10
0.30
N. Gas
50-100
All
Comb. Tuning
0.10
0.20 T.based
Distillate Fuel Oil
50-100
All
Comb. Tuning
0.30
0.20
T.based
Residual Fuel
Oil
50-100
All
Comb. Tuning
0.30
0.25
T.based
C oal
50-100
All
Comb. Tuning
0.30
0.38 T.based
Wood/Non-Fossil
solid Fuel
50-100
Stoker
Comb. Tuning
0.30
T.based
Other Gaseous Fuels
50-100
All
Comb. Tuning
T.based
Other Liquid Fuels
50-100
All
Comb. Tuning
T .based
'The Ozone
Transport Commission ("OTC")
Model Rule proposes a separate limit for
boilers sized greater than 250 mmBTU/hr
of. 171b/mmBTU for all fuels.
2 California has extremely complex
NOx RACT procedures.
3 Georgia RACT
determined on facility by facility basis through permitting.
4 Kentucky RACT determined
on case-by-case basis.
5 Technology
based
category ana rues
Type
Size
Unit e
1L Suggested
NOx Limit
.
,-
IERG Memo Page #
12-13 13-18 18-21 21-25 26-28 28-32
32-36
ICI Boilers
mniBtu/hr
Lb/mmBtu
Natural
Gas
>100
Single Burner
0.05
0.10
0.20 0.20
0.2
0.10 0.20
>100
Multiple Burners
0.06
0.10
0.20 0.20
0.2
Residual Fuel
Oil
>100
Single Burner
0.06
0.10
0.3
0.30
> 100
Multiple Burners
0.06
0.10
0.3
0.30
Distillate Fuel Oil
>100
Single Burner
0.07
0.10
0.3
0.30
>100
Multiple Burners
0.10
0.10
0.3
0.30
Coal-Wall
>100
PC Wall-fired
0.14
0.10
0.38
0.5
Coal-Tangential
>100
PC-Tangential
0.12
0.10
0.38
0.38 0.45
0.38 0.38
Coal-Stoker
>100
All
Stokers
0.22
0.10
0.5
0.30
Coal-FBC
>100
FBC
0.08
0.10
Wood/Non-Fossil
solid fuel
>100
All Stokers
0.11
0.33
0.25-
0.33
Other Gaseous Fuels
(e.g., process Gas)
>100
Single Burner/
Multiple Burner
0.05/0.06
Other Liquid Fuels
(e.g., liquid waste)
>100
Single Burner/
Multiple Burner
0.07/0.10
N. Gas
50-100
All
Comb. Tuning
0.1 Tuning 0.1
0.10
Distillate
Fuel Oil
50-100
All
Comb. Tuning
0.12 Tuning
Residual
Fuel Oil
50-100
All
Comb. Tuning
0.3 Tuning
Coal
50-100
All
Comb. Tuning
Tuning Varies .33-.55
Wood/Non-Fossil
solid Fuel
50-100
Stoker
Comb. Tuning
0.43 Tuning
Other Gaseous Fuels
50-100
All
Comb. Tuning
Tuning
Other Liquid Fuels
50-100
All
Comb. Tuning
Tuning
0 3
6 LA limits
apply to industrial boilers >/= 80mmBTU/hr.
7
s
The categories, sizes and limits of Maine
do not translate easily into the format
of this table. See text of rule on pages 13 -18
of memo for limits.
Md has separate
specific limits for boilers sized 250
mmBTU/hr or greater, depending on the
fuel type on p. 19 of memo.
MA has separate specific
limits for boilers sized 250 mmBTU/hr
or greater, depending on the fuel type on p. 22
of memo.
'° NH has
a complicated scheme of limits
based on type of boiler, type of fuel and whether
the fuels are combined.
Category and Fuel Type
S ize
Unit T ype
IL Suggested
NOz Limit
..
"
,
/
IERG Memo Page #
37-41
41-43
43-45
45
ICI Boilers
mmBtu/hr
Lb/mnmBtu
Natural
Gas
>100
Single Burner
0.05
0.20
0.10
> 100
Multiple Burners
0.06
0.20
0.10
Residual Fuel Oil
>100
Single Burner
0.06
* 13
> 100
Multiple Burners
0.06
Distillate Fuel Oil
>100
Single Burner
0.07
0.12
> 100
Multiple Burners
0.10
0.12
Coal-Wall
>100
PC Wall-fired
0.14
**
Coal-Tangential
>100
PC-Tangential
0.12
**
0.45 if > 600
mBTU
Coal-Stoker
>100
All Stokers
0.22
0.30
**
C oal-FBC
>100
FBC
0.08
**
Wood/Non-Fossil
solid fuel
>100
All Stokers
0.11
Other Gaseous Fuels (e.g., process
Gas)
>100
S ingle Burner/
Multiple Burner
0.05/0.06
Other Liquid Fuels
(e.g., liquid waste)
>100
Single Burner/
Multiple
Burner
0.07/0.10
N. Gas
50-100
All
Comb. Tuning
0.10
0.10
Distillate
Fuel Oil
50-100
All
Comb. Tunm
0.12
0.12
Residual Fuel Oil
50-100
All
Comb. Tuning
_
0.30
See Fn 13
Coal
50-100
All
Comb. Tuning
Wood/Non-Fossil
solid Fuel
50-100
Stoker
Comb. Tuning
Other Gaseous
Fuels
50-100
All
Comb. Tuning
Other Liquid Fuels
50-100
All
Comb. Tuning
11
12
NY has
separate specific limits for very large
boilers sized 250 mmBTU/hr or greater,
depending on the fuel type. See p. 38 of memo.
PA mainly establishes
RACT on a case-by-case basis,
but has presumptive RACT for a few situations.
13
*In RI, boilers fired with residual
oil must be equipped with low-NOx
burners and flue gas recirculation or equivalent control.
1a**
In PA, for coal-fired
combustion units of this size, presumptive RACT is
the installation and operation of low NOx burners with
separate overfire air.
3
Category and Fuel Type
Size
Unit T ype
IL
Suggested
NOz Limit
_
IERG
Memo Page #
45-47
47-48
48-49
49-51
ICI Boilers
mmBtu/hr
Lb/mmBtu
Natural
Gas
>100
Single Burner
0.05
Varies from
0.10-0.28
0.20*
0.20
0.20
>100
Multiple Burners
0.06
0.20*
0.20
0.20
Residual Fuel
Oil
>100
Single Burner
0.06
0.25
0.25
> 100
Multiple Burners
0.06
0.25
0.25
Distillate Fuel Oil
>100
Single Burner
0.07
>100
Multiple Burners
0.10
Coal-Wall
>100
PC Wall-fired
0.14
Coal-Tangential
>100
PC-Tangential
0.12
0.38
0.43
Coal-Stoker
>100
All
Stokers
0.22
0.4
0.43
Coal-FBC
>100
FBC
0.08
Wood/Non-Fossil solid fuel
>100
All Stokers
0.11
0.30
Other
Gaseous Fuels (e.g.,
process Gas
>100
Single Burner/
Multiple Burner
0.05/0.06
Other Liquid Fuels
(e.g., liquid waste)
>100
S ingle Burner/
Multiple Burner
0.07/0.10
N. Gas
50-100
All
Comb. Tuning
Distillate Fuel Oil
50-100
All
Comb. Turin
0.30
Residual Fuel Oil
50-100
All
Comb. Tuning
0.30
Coal
50-100
All
Comb. Tuning
Wood/Non-Fossil
solid Fuel
50-100
Stoker
Comb. Tuning
,
Other Gaseous Fuels
50-100
All
Comb. Tuning
Other Liquid Fuels
50-100
All
Comb. Tuning
is
*VT limits are only for
any fuel burning equipment with heat input capacity of 250 mmBTU/hr
or
greater.
See p. 48 of memo
4
ILLINOIS ENVIRONMENTAL REGULATORY GROUP WORK PRODUCT (6/23/06)
Nitrogen Oxides ("NOx") RACT Implementation by States
Under Federal 8-Hour Ozone NAAQS1- Phase 2
Illinois Environmental Regulatory
Group Survey of June 2006
Reasonably Available
Control Technology ("RACT") is generally defined as the lowest emission limitation that a particular
source is capable of meeting by the application of control technology that is reasonably available considering technological
and
economic feasibility.2
For the Nonattainment ("NA") Classification of "Moderate", as all or part of 12 Illinois counties are classified, the RACT SIP
is due September 2006,
the
Rate
of Progress SIP is due June 2007 and the Attainment Demonstration is due June 2010.
Ozone Transport Region ("OTR")-The Clean Air Act ("CAA") designates 11 states and the consolidated Metropolitan
Statistical Area that includes the District of Columbia and parts of Virginia as the OTR 42 USC § 7511(c). The entire OTR
has been designated
as
Moderate
NA under the 8-Hour rule.
REGION V STATES
STATE CLASSIFICATIONS
RULES CONSIDERED,
EXISTING NOx RACT RULES (See
PROPOSED, or ADOPTED
attached memo for
detailed summaries
PURSUANT
TO 8-HOUR
RULE
of existing state rules)
Illinois
Moderate -
all or part of Rules under development.
NONE--USEPA had granted waiver of
1 2 counties
NOx RACT in IL 1-Hour NA counties
Indiana
Central IN-Basic
Monitors are registering attainment in NONE --USEPA had granted waiver of
' NAAQS - National Ambient
Air Quality Standard
2 Final Rule to Implement 8-Hour Ozone National Ambient Air Quality
Standard
- Phase 2,
70
Fed. Reg.
71612, 71652 (Nov. 29,
2005) (to
be codified at 40 C.F.R. Parts 51, 52 and 80) (citing 44 FR 53762 (September 17, 1979)); see also 40 C.F.R. § 51.100(0)
(2006)
(defining RACT for purposes of State Implementation Plan ("SIP") requirements.)
STATE
CLASSIFICATIONS
RULES CONSIDERED,
EXISTING NOx RACT RULES (See
PROPOSED, or ADOPTED
attached memo for detailed summaries
PURSUANT TO 8-HOUR RULE
of existing state rules)
NW IN--Moderate
Lake and Porter counties so IN is
NOx
RACT in I -Hour NA counties
seeking reclassification to
attainment
from USEPA at this time. The State is
not planning any 8-hour NOx RACT
rules and is considering extending the
existing VOC degreaser rule which
applies in NW counties to Central 1N
counties.
Michigan
16 of 25 counties
being NONE. Because nonattainment is due
NONE-West side of state was under NOx
redesignated as
to ozone transport from Chicago and
RACT waiver. Eastern counties around
attainment.
One County Wisconsin, MI will rely on
whatever Detroit achieved attainment before NOx
in Western MI is Basic LADCO does
to demonstrate
RACT rules were due.
Nonattainment
attainment as "expeditiously as
possible."
Michigan - SE 8 Counties in South
East NONE. MI understood that USEPA NONE
MI - Marginal
only requires RACT under Subpart
2
Nonattainment
for Moderate and Above
Classifications, so
RACT not required.
Minnesota
No NA areas
in the state
Ohio
NE Ohio - 8 counties
Proposing a rule very soon to impose NONE - USEPA; had granted waiver of
Moderate;
NOx RACT on all non-EGU boilers in NOx RACT for I-Hour NA areas.
the 8 moderate NAA counties.
Emission
limits by categories; very
inclusive, except for asphalt plants and
EGUs. Compliance with rule
expected
to be required by Jan 1,
2009. Based proposal on OTC
model
STATE CLASSIFICATIONS
RULES CONSIDERED,
PROPOSED, or ADOPTED
PURSUANT TO 8-HOUR RULE
EXISTING NOx RACT RULES (See
attached memo for detailed summaries
of existing state rules)
rule and New York rule. (Shared
proposal with LADCO)
Wisconsin
3 Counties - Basic
Rules under development. Probably NONE-WI rules on NOx did not
10 Counties
Moderate will require RACT in moderate NA represent NOx RACT because USEPA had
counties only, unless
WI requests an granted waiver of NOx RACT in WI 1-
attainment date extension beyond
hour NA counties.
2009. Then it will include Basic NA
counties in RACT. RACT will be
unit-by-unit for specific source
categories with annual and ozone
season emission limits. Trading
,
provision will allow averaging`of units
in same source category on a facility
basis.
OTHER STATES SUBJECT TO NOx
RACT REOUIREMENTS
STATE
CLASSIFICATIONS
RULES-CONSIDERED,
EXISTING
NOx RACT RULES (See
PROPOSED, or ADOPTED
attached memo for detailed summaries
PURSUANT TO 8-HOUR
RULE of existing state rules)
Alabama
Birmingham -
Basic
Alabama has no plans, to develop
NOx
RACT regulations to meet the
8-hour
ozone
standard, unless areas of the
state fall into nonattainment.
As a
contingency measure
in the state's
maintenance plan, the state
has
provided that rules to meet the 8-hour
standard could be
developed and
implemented within
18 months of a
determination
that such regulations are
necessary.
Arizona
Phoenix
- Basic
Arizona will begin
conducting
modeling in the upcoming weeks. The
state's monitors for the Phoenix area
are showing attainment for the last
three seasons, and the state does not
know whether
it will need NOx
controls.
Arkansas
Crittenden County -
Since only
one county, which is
Marginal
adjacent to the Memphis metropolitan
area, is in nonattainment for the 8-
hour ozone standard, the State is
waiting
for Tennessee to determine
STATE CLASSIFICATIONS
RULES-CONSIDERED,
PROPOSED, or
ADOPTED
PURSUANT TO 8-HOUR
RULE
EXISTING NOx RACT RULES (See
attached memo for detailed summaries
of existing state rules)
what it will do to meet the standard.
In addition, there
are veiy few 'sources
in the county which would be subject
to NOx RACT
requirements;
therefore, Arkansas
will likely move
forward byconsidering
source
requirements on a case b case basis.
California
Amador and Calaveras
The 15 APCDs in non-attainment are NOx RACT requirements vary according to
Cos. - Basic
submitting RACT SIPs to the state
APCD.
agency in July. NOx RACT
Kern Co (Eastern
Kern) requirements in each district vary
- Basic
according to the needs of the district.
NOx RACT requirements in CA are
Los Angeles South
more stringent than the federal
Coast Air
Basin - Severe standards, and in order to control
17
NOx, the state is focusing on mobile
sources
since the majority of ozone
Los
Angeles-San
pollution is from mobile sources.
Bernardino Cos. (W
Mojave) - Moderate
N evada Co. (Western
P art) - Basic
Riverside Co, (Coachella
Valley) - Serious
STATE
Colorado
Connecticut
CLASSIFICATIONS
Sacramento
Metro -
Serious
San Diego -Basic
San Francisco Bay Area
- Marginal
San Joaquin Valley
-
Serious
Suffer Co (Sutter
Buttes)
- Basic
Denver -
EAC
Moderate as part of
OTR
RULES-CONSIDERED,
PROPOSED, or ADOPTED
PURSUANT TO 8-HOUR RULE
No part of the state was in NAA for
NOx.
NOx RACT requirements for
sources will be identified on a case-
by-case basis (40 tons per year or
more will trigger RACT permitting
requirements).
The State may amend its regulations
to add control requirements for oil and
gas sources.
State is considering ways to achieve
more NOx
reductions, but intends to
keep l-Hour rules intact at this time.
EXISTING NOx RACT RULES (See
attached memo for detailed summaries
of existing state
rules)
Conn. Agencies Regs. §22a-174-22 (2006)
http://www.dep.state.ct.us/air2/reps/Mainre
gs/sec22.pdf. Specified limits with
compliance options of reductions,
STATE CLASSIFICATIONS
RULES-CONSIDERED,
EXISTING NOx RACT RULES (See
PROPOSED, or ADOPTED
attached memo for detailed summaries
PURSUANT
TO 8-HOUR RULE of existing state rules)
modifications, fuel switching. Trading
allowed when a facility can't meet the
specified compliance options, but this may
be phased out in conjunction with CAIR
allowances.
Delaware
Moderate as part of
State is proposing
to
USEPA
that its 70-100-012 Del.
Code
Regs. § 1.1
et seq.
OTR, but state chose to
1-hour NOx RACT rules meet RACT (2006)
retain the 1-hour severe under the 8-hour standard. No
htip://www.dnree.state.de.us/air/aqm page/
classification under state changes planned.
does/pdf/reg 12.pdf. Regulation 12
sets
rules for New Castle and
out generally applicable NOx RACT
Kent counties.
standards for specific equipment with an
option to seek approval on a case-by-case
basis for alternate and equivalent RACT
determinations. (Case-by-case seldom
used.)
G eorgia
Atlanta- Marginal
One additional county is subject to the Ga. Comp. R. & Regs. 391-3-1-.02(2)(yy)
8-hour standard.
The state will use a (2006).
facility-by-facility approach to
htlp://rules.sos.state.ga.us/does/391. /3/1/02.
determine NOx RACT requirements pddf
for sources. If the Atlanta area
becomes designated as moderate, the
state will begin
rulemaking process
to
meet the attainment date that USEPA
establishes.
Kentucky
Cincinnati-Hamilton - The state is focusing on redesignation EPA approved 11 source specific
Basic
requests. In the future, it will evaluate regulations
(permits) called NOx RACT
NOx RACT requirements if
Plans in 2001.
STATE CLASSIFICATIONS
RULES-CONSIDERED,
EXISTING NOx RACT RULES (See
PROPOSED, or ADOPTED
attached memo for detailed summaries
PURSUANT TO 8-HOUR RULE of existing state rules)
Huntington-Ashland - necessary; however, the entire state
Basic
met the one-hour standard before the
implementation of the 8-hour
Louisville - Basic
standard,
and the state is confident that Jefferson County - RACT for Major VOC
w ith its data it can get the NAAs
and NOx Emitting Sources - Regulation
NAAs will likely be
redesignated.
6.42 (2006).
redesignated.
http://www.gpcd.or re s/reg6/6-42v2.pdf
Since the state was in attainment or
.
could not be classified under the one
hour standard, Kentucky applied NOX
requirements on a case by case basis.
Louisiana
Baton Rouge -
Control of Emissions of Nitrogen Oxides -
Maridnal
LAC 33:111:2201 (2006).
http://www.state.1a.us/osr/lac/33vO3/33v03.
pddf See also 67 Fed. Reg. 50391, 50401(
stating above referenced provisions
"control[]
emissions beyond levels that
EPA has previously approved as RACT for
such sources.").
Maine
Moderate as part of
No changes planned. State is in
NOx RACT rules at 06-096-138 Me. Code
OTR
attainment for ozone.
R. § 1 et seq. (2006).
http://www.maine.gov/sos/cee/rules/06/096
/096c138.doc
Maryland
Moderate as part of
State is planning workgroup to
NOx RACT Rules at Md. Code Regs.
STATE CLASSIFICATIONS
RULES-CONSIDERED,
EXISTING NOx RACT RULES (See
PROPOSED, or ADOPTED
attached memo for detailed summaries
PURSUANT TO 8-HOUR RULE of existing state rules)
OTR.
determine
what changes are needed
26.11.09.08 (2006).
under 8-Hour rule. Plans to keep 1-
http://www.dsd.state.md.us/comar/26/26.11
hour rules in place, making any
.09.08.htin
needed changes or additions.
Massachusettes
Moderate as part of
State is analyzing whether its 1-Hour NOx
RACT Rules at
310
Mass.
Code
Regs.
OTR
NOx RACT rules will satisfy the 8-
7.19 (2006)
Hour requirements or whether new
htip://www.mass. og
v/dep/air/laws/7b.btm#
NOx RACT rules will be needed.
_19
Probably will file a Committal SIP
in
September that it intends to propose
new RACT rules. Is looking at Model
OTC rule to determine which new
emission categories to include
in new
NOx RACT rules.
Missouri
5 Counties around St.
NONE. 1-Hour Ozone
Classification NOx RACT Rules for St. Louis
Louis -- Moderate
is same as 8-Hour, so NOx RACT
Metropolitan Area, Mo. Code Regs. Ann.
rules already on books will stay in
tit. 10, § 10-5.510 (2006),
effect and apply to the same region.
http://www.sos.mo.gov/adrules/csr/current/
10 CSR 10-5.510 (fix cite) (See
l0csr/1000-5.pdf
MO
will soon be
attachment
of the rule or specifics.)
proposing a rule with a new concept for the
state-regulating facilities locating upwind
of
NAAs,
but
outside
o
the NAA.
Nevada
Las Vegas - Basic
Under one-h6ur standard, Las Vegas
was in attainment.
New Hampshire Moderate as part of
No
rule changes anticipated in direct NOx RACT Rules at N.H. Code Admin. R.
OTR
response to 8-Hour
standard. Will
Ann. Env-A 1211.01 et seq. (2006), see:
keep 1-Hour
rules. May update them htt ://www.des.state.nh.us/Rules/ df/env-
STATE
CLASSIFICATIONS
RULES-CONSIDERED,
EXISTING NOx RACT RULES (See
PROPOSED,
or ADOPTED
attached
memo for detailed summaries
PURSUANT TO 8-HOUR
RULE of existing state rules)
to address
new boiler designs such as a
1200.pdf
the
fluidized bed boilers and the new
internal combustion
engines.
New Jersey
Moderate as part
of
Considering ways to gain
additional NOx RACT Rules at N.J.
Admin. Code §
OTR
NOx reductions. Planning
to continue 7:27-19.01 et seq. (2006).
using NOx RACT
rules developed
hiip://www.state.nj.u s/dgp/aqm/Sub19.pdf
under 1-Hour.
Rules were amended in 2005 to include
additional boilers and turbines.
New York
Moderate as part of
Part of OTC Additional Control
NOx RACT rules at N.Y. Comp. Codes
R.
OTR.
Measures
Workgroup to design model & Regs. tit. 6 § 227-2.1 et
seq. (2006).
rule for additional
NOx reductions.
http://www.dec.state.ny.us/website/re
sg
/su
Will begin rulemaking in state based
b_part227_2.html. State also has case-by-
on what OTC develops
as model rule, case RACT targeted to
specific processes,
adapting it to the
existing NY
such as cement
kiln, iron and steel and
regulatory
scheme.
general
industrial processes at N.Y. Comp.
Codes
R. & Regs. tit. 6 §§ 212, 214, 216.
Rules were amended in 2004 to extend
N
Ox
controls to some major source
'
station combustion installations.
North Carolina
Charlotte-Gastonia-Rock The state
is still considering what
Hill, NC/SC - Moderate steps
it may take regarding NOx
RACT. The__state will
likely hold a
Fayetteville area- EAC - hearing
later this year to discuss its
Basic
next steps. The proposed
amendments, if any, would only apply
Greensboro-Winston-
to
the NAA rather than the whole
Salem-High Point -
state.
10
STATE
CLASSIFICATIONS
RULES-CONSIDERED,
EXISTING
NOx RACT RULES (See
PROPOSED, or ADOPTED
attached
memo for detailed summaries
PURSUANT TO 8-HOUR RULE of existing
state rules)
EAC - Moderate
H ickory-Newton-
Conover Area
- EAC -
Basic
Raleigh-Durham-Chapel
Hill - Basic
Rocky Mount
- Basic
Haywood and Swain
Counties -
Basic
Both
moderate NAAs
will likely be
redesignated as
marginal
or
basic.
Pennsylvania Moderate as part of
Currently evaluating 1-Hour rules to NOx RACT rules at 25 Pa. Code § 129.91
OTR
see if an update is needed under 8-
-129.95 (2006).
Hour standard.
http://www.pacode.com/secure/data/025/ch
apterl29/chap129toc.html Rule give
options to use
presumptive RACT
limitations or facility specific procedures to
establish NOx RACT.
Rhode
Island Moderate as part of
No plans to change NOx RACT rules. NOx RACT
rules
at
12-031-027 R.I. Code
OTR
Will continue to operate under current R. § 27.1 et seq. (2006)
11
STATE CLASSIFICATIONS
RULES-CONSIDERED,
EXISTING NOx RACT RULES (See
PROPOSED, or
ADOPTED
attached memo for detailed summaries
PURSUANT TO 8-HOUR
RULE of existing state rules)
rules adopted under
the 1-Hour
http://www.dem.ri.goy/ pubs/re sg
/regs/air/ai
standard.
.
r27 96. df
South Carolina
Charlotte-Gastonia-Rock The state has only
6 sources that may
Hill - Moderate
be subject
to NOx RACT
requirements,
which would be
Columbia - EAC
determined on a case-by-case basis.
The
NOx RACT requirements would
Greenville-Spartanburg-
become part of a permit and
Anderson - EAC
consequently part of the state's
federally enforceable SIP. Each of the
6 facilities is currently
performing a
RACT analysis. The state has no
plans to draft any NOx RACT rules.
Tennessee
Memphis
- Marginal The state is conducting
modeling in Nitrogen Oxides
the Knoxville
and Memphis, areas to Tenn. Comp. R. & Regs. 1200-3-27
Knoxville - Basic
determine if NOx RACT will be
(2006).
needed.
http://wwtiv.state.tn.us/sos/rules/1200/1200-
Nashville - EAC
03/1200-03-27.pdf
Chattanooga - Basic
Johnson City-Kingsport-
Bristol - EAC
Texas
Houston/Galveston-
The State is re-writing Part 117 of
its 30 Texas Admin. Code § 117.105 (2006).
Brazoria
- Moderate
regulations to include 8-Hour NOx
(RACT
for utilities)
RACT requirements for all NAAs.
http://info.sos.state.tx.us/pls/pub/readtac$c
Dallas/Fort Worth
-
There is nothing yet proposed;
xt.TacPage?sl=R&app=9&p dir=&p rloc=
12
STATE
CLASSIFICATIONS
RULES-CONSIDERED,
EXISTING NOx RACT RULES (See
PROPOSED,
or ADOPTED
attached
memo for detailed summaries
PURSUANT
TO 8-HOUR RULE of
existing state rules)
Moderate
everything is still in its conceptual
&p tloc=&p ploc=&p _l&p tac=&ti=30
stages. New
NOx sources will have to &pt=1 &ch=117&rl=105
Beaumont/Port Arthur -
be identified for the Dallas NAA since
Marginal
under 8-hour rule, there is an
30
Texas Admin. Code § 117.205 (2006).
additional
5 counties in the NAA.
(RACT
for other Sources)
San Antonio
- EAC
Otherwise, NOx RACT requirements
http://info.sos.state.tx.us/pls/pub/readtac$e
will remain about the same since
xt.TacPage?s1=R&app=9&p
dit=&p rloc=
Texas will be proposing stricter
&p
tloc=&p ploc=&pg=1 &p tac=&ti=30
emissions
specifications for attainment
-
&12t=1
&ch=117&rl=205
demonstration, which will likely
take
care of the
NOx requirements.
Vermont
Moderate as part of
Currently reviewing 1-Hour
rules to General NOx RACT rule at 12-031-001
Vt.
OTR, but actually
in
see if any changes are
needed under 8- Code R. § 5-251 (2006).
attainment.
Hour
rule. (Only one source in state is http://www.am.state.vt.us/air/docs/gpcregs.
subject to NOx RACT.)
pddf
A lso have a Vermont consent order
dated
January 4, 1995, allowing a facility-specific
RACT determination
Virginia
NE region of the state is Currently reviewing
1-Hour, rules to
Generic NOx RACT rule at 9
Va. Admin.
M oderate as part of
see
if any additional changes are
Code § 5-40-311
(2006).
OTR. Other parts of
needed. If so, will begin rulemaking http://www.deq.vir
ig nia.gov/air/Pdf/airregs/
state are
lesser
in Fall (a 2 year process)
404.pdf Case-by-case limits enforced
classifications.
through permitting. No trading allowed.
W ashington
Moderate
as part of
NOx RACT rules at D.C. Mun. Regs. Tit.
D .C.
OTR.
20 §
20-805.1 et seq. (2006).
13
STATE
CLASSIFICATIONS RULES-CONSIDERED,
PROPOSED, or ADOPTED
PURSUANT TO 8-HOUR RULE
EXISTING NOx RACT RULES (See
attached memo
for
detailed summaries
of existing
state rules)
West Virginia Wheeling - Basic
The state has no plans to develop NOx
RACT for the 8-hour standard. The
Huntington-Ashland -
state is focused on redesignation.
Basic
Charleston
- Basic
Steubenville-Weirton
-
Basic
Parkersburg-Marietta -
Basic
Berkeley & Jefferson-
EAC
14
ILLINOIS
ENVIRONMENTAL REGULATORY GROUP WORK PRODUCT (10/8/08)
UPDATE TO NATIONWIDE SURVEY OF NOX RACT
IMPLEMENTATION/INDUSTRIAL BOILER FOCUS
I. INTRODUCTION
Since the June 2006 NOx RACT Survey Report was prepared, the Illinois Environmental
Protection Agency ("IEPA") has proposed new NOx emissions limitations for industrial boilers.
See Proposed Amendments, In the Matter of.: Amendments to 35 Ill. Adm. Code 217, Nitrogen
Oxides Emissions, and 35 Ill. Adm. Code 211, R08-19 (I11.Pol.Control.Bd. May 9, 2008).
Accordingly,
this
report
updates the June
2006 Report
by reviewing newly
proposed or adopted
state NOx emissions standards and USEPA NOx RACT certifications.
I
II. NOx RACT FOR 8-HOUR OZONE
Pursuant to the Clean Air Act ("CAA"), 42 U.S.C. §§ 7401-7571, States with areas
classified as ozone nonattainment by the USEPA are required to develop nonattainment
plans,
which provide for "the implementation of all reasonably available control measures as
expeditiously as practicable (including
such reductions in emissions from existing sources in the
area as may be obtained through
the adoption, at a minimum, of RACT) and shall provide for
attainment of the national primary ambient air quality standards." 42 U.S.C. § 7502(c)(1).
Additionally, the CAA regulates NOx emissions and requires some state plans to
implement
RACT for specific NOx emissions. 42 U.S.C. § 7511a(f). RACT is defined as the "lowest
emission limitation that a particular source is capable of meeting by the application of control
EXHIBIT B
' Attachment 1 to this Report is an update to the Summary Table Comparing Illinois Proposed NOx RACT limits to
other states' NOx RACT limits. Unlike the 2006 table that listed the limits for all the states surveyed, Attachment 1
only lists the limits for those six states that have made revisions to their limits or whose limits have been recertified
as NOx RACT.
technology that is reasonably
available considering technological and economic feasibility."
Final Rule to Implement 8-hour Ozone National Ambient Air Quality
Standard
- Phase 2, 70
Fed.
Reg. 71612, 71652 (Nov. 29, 2005) (to be codified at 40 C.F.R. Parts 51, 52 and 80) (citing
44 Fed. Reg. 53762 (Sept. 17, 1979)); see also 40
C.F.R.
§
51.100(o) (defining RACT for
purposes of State Implementation Plan ("SIP") requirements).
States with nonattainment areas classified as moderate or above
for the 8-hour Ozone
National Ambient Air Quality Standard ("NAAQS"), including Illinois, were required to submit
a SIP demonstrating that specific sources were subject to RACT requirements
by September
15,
2006.
See
70 Fed. Reg.
71612, 71652 (Nov. 29, 2005). However, on March 24, 2008, USEPA
found that Illinois, along with certain other states, failed to make an appropriate RACT
submittal. See 73 Fed. Reg. 15416 (Mar. 24, 2008).
Accordingly, IEPA proposed NOx
emissions standards to meet these requirements. See Statement of Reasons, In the Matter of
Amendments to 35 Ill. Adm.
Code
217,
Nitrogen Oxides
Emissions, and
35
Ill. Adm.
Code
211,
R08-19 (I11.Pol.Control.Bd. May 9, 2008).
111. UPDATES TO THE JUNE 2006 REPORT
S
ince
the June 2006 Report, USEPA
has recertified
NOx
RACT
emissions standards
in
the State of Delaware and has proposed to recertify NOx RACT emissions standards in one
Pennsylvania
County. Additionally, Ohio and Wisconsin have adopted standards for NOx
RACT since the June 2006 Report, but these standards have not been certified as NOx RACT.
Finally, Virginia and Texas have recodifed existing NOx RACT standards but those standards
have not been recertified by USEPA as RACT.
A. Delaware
USEPA approved a Delaware SIP addressing RACT for NOx emission under the 8-hour
Ozone NAAQS on July 23, 2008. The SIP revision was submitted by Delaware to USEPA on
October 5,
2006.
Upon approval of the SIP, USEPA determined that:
Delaware's SIP revision satisfies the 8-hour RACT requirements through (1)
certification that previously adopted RACT controls in Delaware's SIP that were
approved by [US]EPA under the 1-hour ozone NAAQS are based on the currently
available technically and economically feasible controls, and continues to
represent RACT for the 8-hour implementation purposes; (2) the adoption of new
or more stringent regulations that represent RACT control levels; and (3) a
negative declaration that certain CTG or non-CTG
major sources of VOC and
NOx sources
do not
exist
in Delaware.
73 Fed. Reg. 42681 (July 23, 2008).
In its SIP submittal, Delaware certifies that NOx RACT controls in Delaware Regulation
No. 12, 70-100-012
Del.
Code
Regs., represent RACT for purposes of the 8-hour ozone
NAAQS. Delaware RA CT SIP under the 8-hour Ozone NAAQS, 19-28,
Delaware Department of
Natural Resources and Environmental Control, September
2006 ("Delaware RACT SIP").
Delaware has not amended Regulation No. 12 since the previous NOx RACT
survey was
conducted for IERG. Furthermore, the Delaware SIP
explains that, while not part of the RACT
submittal, Delaware has developed and is in the
process of developing the following beyond-
RACT provisions to aid
in
the
attainment of the 8-hour NAAQS:
"
Regulation 1142, Section 1 - Control of NOx Emissions from
Industrial
Boilers. This
regulation imposes beyond RACT controls on certain boilers
with heat input greater than 100 mmBTU/hr. (Regulation 1142 is
previously numbered as Regulation
42. The new number is used to follow
the new Delaware state document
numbering system established by the
Delaware Register of Regulations).
"
EGU Multi-Pollutant
Regulation. This regulation is under development,
and is anticipated to impose beyond
RACT NOx controls on large coal and
residual oil fired EGUs.
"
Large Refinery Boiler Regulation. This regulation is under development,
and is anticipated to impose beyond RACT
NOx controls on large boilers
and heat exchangers at petroleum refineries.
Large Non-Refinery Boiler Regulation. This regulation is under
development, and is
anticipated to impose beyond RACT NOx controls on
large boilers and heat exchangers not located
at petroleum refineries.
"
Regulation
No. 1144 - Stationary Generators. This regulation was
completed in 2005, and imposes beyond RACT NOx controls on
stationary generators used at times other than times of emergency.
Peaking Turbine
Regulation. This regulation is under development, and is
anticipated to impose beyond RACT NOx controls
on
peaking
units, in
order to address the high peak ozone day emissions from these units.
Diesel Retrofits. This rule is under
consideration and is anticipated to
provide further NOx reductions for the attainment of the 8-hour ozone
standard.
Delaware RA CT SIP at 30-31.
Since Delaware's SIP submittal and the June 2006 Report, Delaware has promulgated
new NOx standards for large refinery boilers as described in bulleted point three above.
See
70-
100-1142.2 Del.
Code
Regs. These regulations limit certain industrial boilers or process heaters
with a maximum heat input capacity equal to or greater than 200 mmBTU/hour to 0.04
lb/mmBTU NOx. However, the NOx RACT standards in Regulation No. 12 remain the same.
B. Ohio
Ohio adopted new NOx RACT standards for industrial boilers on December 12, 2007.
See
Ohio
Admin.
Code 3745:110-03. However, USEPA is still reviewing these regulations for
RACT certification.
C.
Pennsylvania
USEPA has proposed to approve a SIP revision for Philadelphia County. See 73 Fed.
Reg. 50270 (Aug. 26, 2008). The Pennsylvania Department of Environmental Protection
submitted a SIP revision for Philadelphia County on September 25, 2006, certifying that RACT
1-hour ozone controls satisfy 8-hour ozone RACT requirements. 73 Fed. Reg. 50270, 50271
(Aug. 26, 2008). The City of Philadelphia Department of Public Health Air Management
Services
("AMS")
prepared the SIP
revision
and
certified
that
it meets
the
RACT requirements
for the 50 ton per year ("tpy") non-CTG major VOC sources and for 100 tpy NOx sources, and
that all CTG-covered source categories are addressed at the emission thresholds set in the CTG.
City of Philadelphia Department of Public Health Air Management Services (AMS) Reasonable
Available Control Technology (RACT) State Implementation Plan (SIP) Revision under the 8-
hour Ozone National Ambient Air Quality Standard (NAAQS), City of Philadelphia
AMS, 4-6
(Aug. 3, 2006) (hereinafter "City of Philadelphia SIP
Revision").
USEPA
stated the following
in the
proposed
rule approving the SIP revision:
Pennsylvania's SIP revision satisfies the 8-hour RACT requirements through
(1)
certification that previously adopted
RACT controls in Pennsylvania's SIP that
were approved by EPA under the 1-hour ozone NAAQS are based on the
currently available technically and economically feasible controls and continues
to represent RACT for the 8-hour implementation purposes; (2) the adoption of
federally enforceable permits that represent RACT control levels; and (3)
a
negative declaration that certain CTG or non-CTG major sources of VOC and
NOx sources do not exist in Philadelphia County.
73 Fed. Reg. 50270, 50272 (Aug. 26, 2008).
NOx RACT standards
for industrial boilers in Pennsylvania have not changed since the
June 2006 Report. Additionally, note that the SIP revision only applies to Philadelphia County.
However, the entire Commonwealth of Pennsylvania is considered a moderate ozone
5
nonattainment area for the new federal 8-hour standard and, therefore, must still submit a
demonstration that the current rules meet 8-hour ozone RACT requirements. City of
Philadelphia SIP Revision at 3.
D . Virginia
V irginia has amended its regulations to incorporate an 8-hour ozone standard for NOx
RACT. See 9 VAC 5-40-7420. The standard applies to sources in Northern Virginia with a
threshold greater than or equal to 100 tpy and prohibits any affected facility from emitting NOx
in excess of RACT. 9 VAC 5-40-7420(A)-(B). RACT requirements have been reworded and
renumbered, but the underlying RACT standards remain the same as the previous 1-hour ozone
RACT standard. See 9 VAC 5-40-7430.
USEPA has proposed to approve a Virginia SIP revision for Stafford County that
addresses the requirements of RACT under the 8-hour ozone NAAQS. See 73
Fed. Reg. 45925
(Aug. 7,
2008). However, Stafford County only has one facility that is a major stationary source
for either VOC or NOx, and NOx emissions
from
that
facility are negligible. Technical Support
Document for the Stafford County Virginia
Reasonable Available Control Technology Under the
8-hour Ozone
National Ambient Air Quality Standard, 8, Gregory Becoat, USEPA Air Quality
Planning Branch, July 24, 2008 (hereafter "Stafford County TSD"). Since actual VOC emissions
from the source are significantly below the
facility's federally enforceable limit, further controls
would not be feasible and the existing source-specific new RACT determination is appropriate,
and therefore, the existing
RACT
controls
can be recertified. Stafford County TSD at 8.
In a separate matter, Virginia submitted a revision for the Northern Virginia Area in order
to recertify RACT as part of the 8-hour ozone NAAQS.
See Stafford County
TSD. However,
that SIP revision has not been approved by USEPA.
E. Wisconsin
Wisconsin adopted new NOx RACT regulations for industrial boilers in July 2007. See
Wis. Admin. Code N.R. § 428.20-428.26. However, USEPA has not certified these new
regulations as NOx RACT, but the state expects conditional certification pending a small change
in language.
F. Texas
N Ox RACT provisions have been renumbered with no substantive
changes. See
32 Tex.
Reg. 3206 (June 8, 2007). However, USEPA has not recertified NOx RACT under the 8-hour
ozone NAAQS.
IV. CONCLUSION
To conclude, since USEPA recently recertified NOx RACT standards in Delaware, and
Wisconsin and Ohio recently developed
new
NOx
RACT
standards that are awaiting USEPA
approval, these three states provide the best insight into what standards USEPA might certify and
what other states have recently developed
as
NOx
RACT.
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP WORK
PRODUCT (9108)
Update to Summary Table Comparing
Illinois Proposed NOx
RACT Limits to Other States NOx
RACT Limits
(To the extent the Categories
are Comparable)
(Note,
most states do not distinguish between
single and multiple
burners)
Category and
Fuel
T e
Size
IL Proposed
NOx
Limit
m.'
014'
PA'
ý,
I'l4
` 'A4
11 I
ICI Boilers
mmBtu/hr
Lb/mmBtu
Solid
Fuel
>250
0.18
Natural Gas
>100
0.08
0.20
0.10
Varies 0.10-0.28
0.20
0.08
Residual Fuel Oil
>100
0.25
0.23
0.25
0.15
Distillate Fuel
Oil
>
100
0.10
0.25
0.12
0.10
Coal-Wall
>I00
0.38
*
0.15 or 0.17
Coal-Tangential
>100
0.38
*
0.38
Coal-Stoker
>100
0.40
*
0 .40
0.25
Pulverized Coal
>100
Solid Fuel -FBC
>100
0.10
*
0.10
Other Gaseous
Fuels
>100
0.08
0.08
Other
Liquid
Fuels
>100
0.15
-
Solid Fuel
100 <Size<250
0.25
Natural
Gas
_
<100
Comb.
Tuning
T. based
0.10
Distillate
Fuel
Oil
< 100
Comb.
Tuning
T. based
0.12
0.30
Residual Fuel Oil
<100
T. based
0.23
0.30
Other Gaseous
Fuels
<100
Comb. Tuning
T. based
Other Liquid
Fuels
<100
Comb. Tuning
Solid Fuel
<100
Comb Tuning
1 Delaware also imposes
a limit of 0.04 lb/mm Btu on certain boilers
larger than 200 mm Btu/hr at petroleum
refineries.
2 Ohio developed limits for boilers greater than
250 mmBTU/hr depending on fuel type.
USEPA has not certified Ohio's
standards as NOx RACT.
3 NOx RACT has only
been recertified in Philadelphia County.
4 Texas and Virginia have recodified their
NOx RACT provisions but have not substantively
changed the requirements.
USEPA has not recertified these
rules as RACT.
5 Wisconsin also
developed standards for industrial boilers greater
than or equal to 1,000mmBTU/hr
and industrial boilers greater
than or equal to 500mmBTU/hr. USEPA has
not certified Wisconsin's NOx standards
as RACT
6* In Pennsylvania,
for coal-fired combustion units of this size,
presumptive RACT is the installation
and operation of low NOx burners with
separate overfire air.