250 R.I. Code R. 250-RICR-120-05-27.8

Current through December 26, 2024

Section 250-RICR-120-05-27.8 - Reasonably Available Control Technology (RACT) Requirements

27.8.1Utility Boilers

A. After May 31, 1995, no person shall cause or allow the emission of NOx from any utility boiler in excess of the following emission limitations:

1. 0.20 lbs per million Btu of actual heat input when operated on natural gas or liquified petroleum gas (LP).

2. 0.25 lbs per million Btu of actual heat input when operated on fuel oil.

27.8.2Industrial - Commercial - Institutional Boilers

A. After May 31, 1995, no person shall cause or allow the emission of NOx from any industrial, commercial, or institutional boiler, fired with natural gas or distillate oil, with a heat input capacity of fifty (50) million Btu per hour or greater, in excess of the following emission limitations:

1. 0.10 lbs per million Btu of actual heat input when operated on natural gas.

2. 0.12 lbs per million Btu of actual heat input when operated on distillate oil or liquified petroleum gas (LP).

B. After May 31, 1995, no person shall cause or allow the emission of NOx from any industrial, commercial, or institutional boiler, fired with residual oil, with a heat input capacity of fifty (50) million Btu per hour or greater, unless the boiler is equipped with low - NOx burners and flue gas recirculation (with a minimum of ten percent (10%) flue gas recirculation) or equivalent control.

C. After May 31, 1995, no person shall cause or permit the emission of NOx from any industrial, commercial, or institutional boiler, with a heat input capacity of 1 million Btu per hour or greater, but less than fifty (50) million Btu per hour, unless the boiler is tuned at least once every two (2) years in accordance with the procedure described in § 27.11 of this Part. The tune-up procedure specified in 40 C.F.R. § 63.11223(b)(1) through (7), incorporated in § 27.4(A) of this Part, is an acceptable substitute procedure for the procedure specified in § 27.11 of this Part.

1. The annual tune-up procedure specified in 40 C.F.R. §§ 63.7540(a)(10)(i) through (vi), incorporated in § 27.4(A) of this Part, is an acceptable substitute procedure for the procedure specified in § 27.11 of this Part for those stationary sources subject to 40 C.F.R. § 63, Subpart DDDDD.

27.8.3Internal Combustion Engines

A. After May 31, 1995, no person shall cause or permit the emission of NOx from any internal combustion engine, capable of producing four hundred (400) horsepower (HP) or more, in excess of the following emission limitations:

1. Rich-burn Engines:

a. 1.5 grams per brake horsepower-hour when operated on natural gas.

2. Lean-burn Engines:

a. 2.5 grams per brake horsepower-hour when operated on natural gas.

b. 9.0 grams per brake horsepower-hour when operated on fuel oil.

27.8.4Miscellaneous Stationary Sources

A. Any stationary source, equipment or pollutant emitting activity, with the potential to emit ten (10) tons or more of NOx per year, that is not covered by §§27.8.1, 27.8.2, or 27.8.3 of this Part shall install and operate in compliance with RACT, as specified in an enforceable document issued by the Director.

B. Any stationary source that that is not covered by §§27.8.1, 27.8.2, or 27.8.3 of this Part and becomes a potential fifty (50) ton per year NOx stationary source after November 30, 1993, shall install and operate in compliance with RACT, within eighteen (18) months of the date that the stationary source first becomes a potential fifty (50) ton per year NOx stationary source. RACT shall be specified in an enforceable document issued by the Director.

27.8.5Exemptions

A. The RACT requirements in §§27.8.1 through 27.8.4 of this Part do not apply to equipment and pollutant emitting activities that have been determined to be BACT or LAER in any permit issued by the Director pursuant to Part 9 of this Subchapter (Air Pollution Control Permits) since November 15, 1992.

B. The RACT requirements in §§27.8.3 or 27.8.4 of this Part do not apply to equipment and pollutant-emitting activities listed below, that have been issued a permit for the construction/installation of new equipment by the Director, pursuant to Part 9 of this Subchapter (Air Pollution Control Permits), since the indicated date.

1. Combustion turbine facilities - January 6, 1989.

2. Internal combustion engines - September 28, 1989.

3. Fluidized bed boilers - March 11, 1991.

C. The RACT requirements in §27.8.1 of this Part do not apply to any utility boiler that commits, by October 3, 1994, in an enforceable document, to either permanently shut down and dismantle that existing utility boiler by May 31, 1995, or replace that existing utility boiler by December 31, 1996, as part of a repowering project. The repowered emissions unit(s) must meet a NOx emission limitation that has been determined to be BACT or LAER in a permit issued by the Director pursuant to Part 9 of this Subchapter (Air Pollution Control Permits). In addition to the commitment, the source must comply with the alternative RACT requirements of §27.8.6 of this Part. The final enforceable document and the alternative RACT determination shall be submitted to the EPA for approval as a source specific revision to the State Implementation Plan (SIP).

27.8.6Alternative RACT

A. The RACT requirements in §§27.8.1 through 27.8.3 of this Part may be relaxed on a case-by-case basis, if by six (6) months after becoming a potential fifty (50) ton per year NOx stationary source, the owner or operator makes application to the Director for an alternative RACT determination. An application for an alternative RACT determination must include the following:

1. An inventory of all NOx-emitting equipment with a heat input capacity greater than or equal to one million Btu per hour at the stationary source.

2. The maximum capacity, in millions of Btu per hour, of each piece of NOx-emitting equipment.

3. The type of fuel or fuels combusted in each piece of NOx-emitting equipment.

4. The maximum NOx emission rate for each piece of NOx-emitting equipment, in lbs per million Btu, for each fuel burned.

5. The actual amount of NOx emitted the previous three years, from each piece of NOx-emitting equipment.

6. Economic and/or technical documentation that demonstrates to the satisfaction of the Director and EPA that the applicable emission limitations cannot feasibly be met.

7. An examination of the technical and economic feasibility of alternative NOx control techniques for each piece of NOx-emitting equipment.

8. The control option or combination of control options proposed as alternative RACT, including emission limits and test methods to demonstrate compliance.

9. The amount of reduction in NOx emissions that will be associated with implementing the selected control option(s).

10. A schedule for the implementation of alternative RACT, including dates for each of the following where applicable: completion of engineering, awarding of contracts, initiation of construction, completion of construction and final compliance with alternative RACT.

11. The testing, monitoring, recordkeeping and reporting procedures to be used to demonstrate continuous compliance.

12. Any additional information requested by the Director that is deemed necessary to determine alternative RACT.

B. Any alternative RACT determination will not become final until approved by EPA as a source specific State Implementation Plan (SIP) revision;

C. The stationary source shall conduct a RACT review every three (3) years after the final compliance date until the RACT requirements in §§27.8.1, 27.8.2, or 27.8.3 of this Part are achieved. This RACT review must include the same information required in an application for an alternative RACT determination. This RACT review will not become final until approved by EPA as a source specific State Implementation Plan (SIP) revision.

27.8.7Fuel Switching

A. Any facility subject to the RACT requirements in §§27.8.1 through 27.8.4 of this Part may propose to comply with those requirements by fuel switching. Fuel switching refers to instances where a piece of NOx-emitting equipment historically burned one primary fuel, such as residual oil, and under a fuel switching program, the equipment would burn a cleaner fuel, such as natural gas, during the ozone season (May 1 - September 30) and may switch back to the historic fuel for some or all of the non-ozone season.

1. The owner or operator of a stationary source proposing a fuel switching program must file an application with the Office of Air Resources for approval of a fuel switching program no later than six (6) months after becoming a potential fifty (50) ton per year NOx facility.

2. An application for approval of a fuel switching program must demonstrate that the NOx reductions achieved will be the equivalent of that which would be achieved if the stationary source were operating in compliance with its applicable emission limitations throughout the year.

3. An application for approval of a fuel switching program must demonstrate that the program uses a long-term emissions averaging approach consistent with the Environmental Protection Agency's guidance. This guidance is contained in a July 30, 1993, memo from Michael Shapiro entitled "Fuel Switching to Meet the Reasonably Available Control Technology Requirements for Nitrogen Oxides."

https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19930730_shapir_o_fuel_switch_nox_ract.pdf

4. Any fuel switching program will not become final until approved by EPA as a source specific State Implementation Plan (SIP) revision.

250 R.I. Code R. 250-RICR-120-05-27.8

Amended effective 12/26/2018