N.J. Admin. Code § 7:27-27.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:27-27.7 - Coal-fired boilers

(a) On and after December 15, 2007, each owner or operator of a coal-fired boiler of any size shall operate the coal-fired boiler in accordance with the provisions specified in either (a)1 or 2 below, except as specified in (d), (e), or (k) below. Compliance with this standard shall be measured pursuant to (b) below.

1. The emissions of mercury from any coal-fired boiler shall not exceed 3.00 mg/MW-hr, based on an annual weighted average of all valid stack emission tests performed for four consecutive quarters weighted by megawatt hours produced each quarter; or

2. The reduction efficiency for control of mercury emissions of the air pollution control apparatus for control of mercury of any coal-fired boiler shall be at least 90 percent, based on the annual weighted average of all valid stack emission tests performed for four consecutive quarters weighted by megawatt hours produced each quarter.

(b) On and after December 15, 2007, the owner or operator of any coal-fired boiler determining compliance with (a)1 above shall conduct stack emission testing every quarter to measure mercury in the gas stream in the stack. On and after December 15, 2007, the owner or operator of a coal-fired boiler determining compliance with (a)2 above shall conduct stack emission testing every quarter to measure mercury in the gas stream at the inlet of the air pollution control apparatus serving each coal-fired boiler, and simultaneously conduct stack emission testing every quarter to measure mercury in the gas stream at the exit of the air pollution control apparatus. There shall be at least three valid stack emission tests per quarter and at least 45 days between the stack emission testing performed for a given quarter and the stack emission testing performed for the preceding quarter, unless a shorter period is approved by the Department. The stack emission testing shall be conducted in accordance with a stack emission test protocol approved pursuant to 7:27-27.8(a) and (b). Compliance is to be determined by averaging three stack emission test runs per quarter for four consecutive quarters, measuring the net megawatt hours for each quarter, and then calculating annual weighted averages using the quarterly averages and the net megawatt hours generated. If the steam produced by two or more coal-fired boilers is used to run a common electric generator, the stack emission testing of all of the boilers shall be done simultaneously. The relative contribution to the amount of electricity generated from each of the coal-fired boilers shall be determined during stack emission testing for the purpose of determining compliance with the mercury emission limit in mg/MW-hr. For combined heat and power facilities, the MW-hr shall include useful heat which is not used for electric generation in determining mercury emission per MW-hr.

(c) Notwithstanding the provisions of (b) above, any owner or operator who achieves and maintains compliance with (a) above for eight consecutive quarters for all applicable coal-fired boilers located at a facility, may reduce the frequency of stack emission testing from each quarter to stack emission testing performed every fourth quarter after the eighth quarter test in which annual weighted average compliance was determined. However, if annual stack emission testing fails to demonstrate compliance with (a) above, then the frequency of stack emission testing shall revert to that indicated in (b) above.

(d) The mercury emissions standard specified in (a) above are applicable on and after December 15, 2012, for each owner or operator of a coal fired boiler who has entered into an enforceable agreement with the Department by December 15, 2007, to install and operate air pollution control systems to meet the following standards by December 15, 2012, provided compliance with (a) above is achieved by December 15, 2007 for approximately 50 percent of the total New Jersey coal-fired megawatt capacity of the company:

1. The emissions of nitrogen oxides shall not exceed 0.100 pounds per million BTU for dry bottom utility boilers and 0.130 pounds per million BTU based on 30-day rolling average for wet bottom utility boilers;

2. The emissions of sulfur dioxide shall not exceed 0.150 pounds per million BTU based on 30-day rolling average; and

3. The emissions of particulate matter shall not exceed 0.030 pounds per million BTU based on the average of three test runs USEPA Test Method 5, incorporated herein by reference, available from the USEPA's website at http://www.epa.gov/ttn/emc/promgate/m-05.pdf.

(e) The December 15, 2007 deadline for compliance with the mercury emissions standards specified in (a) above is not applicable to an owner or operator of any coal-fired boiler who has entered into an enforceable agreement by December 15, 2007, with the Department to shut down the coal-fired boiler by December 15, 2012.

(f) The Department may authorize an owner or operator of any coal-fired boiler to comply with an averaging plan approved by the Department pursuant to this section. An owner or operator in compliance with such an approved averaging plan is not required to have each coal-fired boiler comply with any emission limit set forth in this subchapter that would be applicable in the absence of an approved averaging plan. An owner or operator of two or more coal-fired boilers at the same facility may request the Department to authorize an averaging plan for two or more coal-fired boilers designated by the owner or operator. The owner or operator seeking authorization for averaging shall submit a written application to the Department at the following address: Department of Environmental Protection

Division of Air Quality

Air Quality Permitting Program

Bureau of Air Permits

401 East State Street

Mail Code 401-02

PO Box 420

Trenton, NJ 08625-0420

(g) The person seeking approval under (f) above shall include the following information in the application for averaging:

1. The maximum energy generation rate of each coal-fired boiler in the averaging plan, expressed in MW-hr; average energy generated by each coal-fired boiler in the averaging plan, expressed in MW-hr;

2. The type of coal and any other fuel, if any, combusted in each coal-fired boiler;

3. The proposed method to calculate the weighted average mercury emissions per MW-hr for the coal-fired boilers on a site;

4. A certification of the application, satisfying the requirements of 7:27-1.39; and

5. Any other information which the Department requests, which is reasonably necessary to enable it to determine whether the coal-fired boilers designated by the owner or operator will comply with the requirements of this section.

(h) The Department shall approve an averaging plan only if the owner or operator of the coal-fired boilers to be included in the averaging plan enters into an enforceable agreement with the Department (such as the inclusion of conditions in the applicable permits or operating certificates, or both) requiring the annual weighted average of mercury emissions from the coal-fired boilers at a facility to not exceed 3.00 mg/MW-hr, based on the net megawatt generated each quarter and mercury emissions using the results of the valid stack emission tests required at (b) above.

(i) The owner or operator of the coal-fired boilers included in the averaging plan shall maintain the records listed below for five years from the date on which each record was made. The owner or operator shall maintain such records in a permanently bound log book or an electronic method, in a format that enables the Department to readily determine whether the coal-fired boilers included in the averaging plan are in compliance. The owner or operator shall maintain the following records:

1. The identifier for each coal-fired boiler included in the averaging plan specified in (g)1 above;

2. The time period for which the data is being recorded;

3. The date upon which the data was recorded;

4. The amount of coal and/or other fuels, if any, consumed over the subject time period;

5. The actual annual weighted average of mercury (expressed in mg/MW-hr) emitted and the net megawatt generated by each coal-fired boiler in the averaging plan over the subject time period;

6. The weighted average of the amounts listed in (i)5 above for all coal-fired boilers at a facility in the averaging plan; and

7. Any other information required to be maintained as a condition of approval granted pursuant to (f) above.

(j) Within 30 days after the end of each quarter, the owner or operator of a facility with an approved averaging plan shall provide the Department with a report setting forth the information required to be kept under (i)1 through 7 above.

(k) The Department may approve a facility-specific mercury control plan for a coal-fired boiler, which will apply to the boiler in lieu of the standards in (a) above. An exceedance of the standards in (a) above shall not be considered a violation of those standards during the term of the Department's approval of the plan, if there is full compliance with the plan during that term.

1. The plan shall apply to the boiler for a one-year period.

2. The owner or operator of a coal-fired boiler seeking the Department's approval of a plan shall submit an application for approval no later than 90 days before the compliance deadline applicable to the boiler under (a) or (d) above. The owner or operator shall send the application to the Department at the following address: Department of Environmental Protection

Division of Air Quality

Air Quality Permitting Program

Bureau of Air Permits

401 East State Street

Mail Code 401-02

PO Box 420

Trenton, New Jersey 08625-0420

3. In the application, the owner or operator shall include:

i. A brief description of the coal-fired boiler(s) that are the subject of the application, air pollution control permit number(s), and any other identifying numbers;

ii. A list of all air pollution control technologies and measures that have been installed and are operating to control emissions of air contaminants from each coal-fired boiler;

iii. For each of the technologies and measures listed in (k)3ii above, the date of installation and commencement of operation;

iv. For each of the technologies and measures listed in (k)3ii above, an explanation of how the technology and measure was installed properly and is being operated properly;

v. A list of any air pollution control technologies or measures not listed in (k)3ii above that the owner or operator proposes to install and operate to control emissions of air contaminants from the coal-fired boiler(s);

vi. A summary of how the coal-fired boiler is expected to be operated and maintained during the term of the Department's approval of the plan, including any associated air pollution control equipment and measures, which are designed to maintain compliance with all applicable air pollution control requirements other than those in (a) above, and which are designed and operated to minimize emissions of mercury to the extent practicable;

vii. A summary of additional efforts that are to be undertaken to achieve compliance with the standards in (a) above before the expiration of the Department's approval of the plan;

viii. The results of each mercury stack test and other emissions measurements for the coal-fired boiler following the installation and commencement of operation of the air pollution control technologies and measures listed in (k)3ii above;

ix. Any other information which the Department requests that is reasonably necessary to enable it to determine whether the application satisfies the requirements of (k)6 below; and

x. A certification signed by the owner or operator, satisfying the requirements of 7:27-1.39.

4. Within 30 days after receiving an application for approval of a plan, the Department shall notify the owner or operator in writing whether the submission includes all of the information required under (k)3 above. If the application is incomplete, then:

i. The Department shall include in the notice a list of the deficiencies, a statement of the additional information required to make the proposed plan or request complete, and a time by which the owner or operator must submit a complete proposed plan or request;

ii. The owner or operator shall correct the deficiencies listed in the Department's notice within the time stated in the Department's notice; and

iii. The Department may deny the application if the owner or operator fails to correct the deficiencies within the allotted time.

5. The Department may approve, approve and modify, or disapprove the plan proposed in the application. The Department will notify the owner or operator of the action in writing.

6. The Department shall approve a plan only if the application satisfies the following requirements:

i. The application contains all of the information required under (k)3 above;

ii. The Department determines that the owner or operator has properly installed air pollution control technologies and implemented measures that could reasonably have been expected to enable the boiler(s) to comply with the standards in (a) above. The Department shall consider this requirement to have been met if, in taking action under N.J.A.C. 7:27-8 or 7:27-22 to permit the installation of air pollution control technology on the boiler(s), the Department confirmed that the boiler's air pollution control technologies and measures are expected to achieve at least a 90 percent reduction in mercury emissions or less than three mg/MWhr;

iii. The Department determines that the technologies and measures described in (k)6ii above are being properly implemented;

iv. The Department determines that the technologies and measures described in (k)6ii above were implemented at a time that made it reasonable to expect that the boiler could comply with the standards in (a) above by the applicable deadline for compliance;

v. The Department determines that the operation and maintenance described in (k)3vi above are reasonably likely to maintain compliance with all applicable air pollution control requirements other than those in (a) above, and will reasonably minimize emissions of mercury to the extent practicable; and

vi. The Department determines that the efforts that are to be undertaken to achieve compliance with the standards in (a) above, as described in (k)3vii above, have a reasonable possibility of success.

7.During the term of the plan, the Department may issue written notice requiring the owner or operator to provide an explanation of additional efforts that are to be undertaken to achieve compliance with the standards in (a) above, beyond the efforts described in (k)3vii above, if the efforts described in (k)3vii above no longer appear to have a reasonable possibility of success. The written notice shall include the time by which the owner or operator is required to provide this explanation.

8. The Department may revoke its approval of a plan by written notice to the owner or operator, if the Department determines that its decision to approve was materially affected by a misstatement or omission of fact in the application or in any supporting documentation, or if the owner or operator fails to provide an explanation of additional efforts and implement those additional efforts within the time allotted in the Department's notice under (k)7 above.

N.J. Admin. Code § 7:27-27.7

New Rule, R.2004 d.443, effective 12/6/2004 (operative January 3, 2005).
See: 36 N.J.R. 123(a), 36 N.J.R. 5406(a).
Amended by R.2006 d.309, effective 9/5/2006 (operative November 4, 2006).
See: 37 N.J.R. 2783(a), 38 N.J.R. 3572(a).
In (a), substituted "(e), or (k)" for "and (e)"; and added (k).
Administrative change.
See: 43 N.J.R. 2328(a).