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.

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