U Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOx)

(1) Applicability. (a) 310 CMR 7.19 shall apply in its entirety to any person who owns, leases, operates or controls any facility having potential to emit, before application of air pollution control equipment, greater than or equal to 50 tons per year (TPY) of NOx. (b) Any person who owns, leases, operates or controls a facility subject to 310 CMR 7.19, which has had actual emissions greater than or equal to 50 TPY in any year after 1989, shall continue to comply with all requirements of 310 CMR 7.19 even if emissions from the subject facility no longer exceed the 50 TPY applicability threshold in 310 CMR 7.19(1)(a). (c) The requirements of 310 CMR 7.19 do not apply to: 1. Any person subject to 310 CMR 7.19 who is able to demonstrate to the Department that, after calendar year 1989, the facility has not emitted 50 TPY or more of NOx, provided that the person obtains a permit restriction from the Department under 310 CMR 7.02(9) (Restricted Emission Status or RES) by May 31, 1995, which restricts the potential emissions to below 50 TPY, and complies with the permit restriction by May 31, 1995. Persons who have obtained an RES prior to May 31, 1995, may notify the Department of their intent to operate in compliance with one of the rolling 12-month emission caps under 310 CMR 7.02(11)(e) or (f) as a means of limiting the facility's potential emissions to 25 TPY or less of NOx. 2. Any emission unit that has a permit restriction prohibiting it from operating between May 1st and September 30th of each year and restricting potential emissions to less than 50 tons per year of NOX from the emission unit. 3. Any boiler having an energy input capacity of less than 20,000,000 Btu per hour provided that potential emissions from the emission unit are less than 50 TPY of NOx. 4. Any stationary combustion turbine having an energy input capacity of less than 25,000,000 Btu per hour. 5. Any stationary reciprocating internal combustion engine having an energy input capacity of less than 3,000,000 Btu per hour. 6. Any glass melting furnace having a maximum production rate of less than 14 tons of glass removed from the furnace per day. 7. Any other furnace, kiln, dryer or oven having potential emissions less than 25 TPY of NOx. 8. Any municipal waste combustor unit having potential emissions of less than 25 TPY of Nox. 9. Any person who, since January 1, 1990, obtains a plan approval for an emission unit under 310 CMR 7.02 where such approval establishes BACT or LAER to be no less stringent than the RACT applicable to the facility size and type, as defined in 310 CMR 7.19. Such person shall comply with the BACT or LAER established in the plan approval, and is not subject to RACT standards of 310 CMR 7.19 as may otherwise be applicable, until the applicable RACT standards of 310 CMR 7.19 become more stringent than the BACT or LAER established in the plan approval, at which time the person shall become subject to the updated RACT standards. 10. Any large municipal waste combustor unit subject to 310 CMR 7.08(2). 11. Any engine subject to and in compliance with 310 CMR 7.26(43). (d) Any large boiler subject to 310 CMR 7.19(4)(b), or combustion turbine subject to 310 CMR 7.19(7)(b), that, as of March 9, 2018 has an annual capacity factor of less than 10% averaged over the most recent three year consecutive period, shall not be required to meet the applicable emission standards. If such a boiler or combustion turbine subsequently meets or exceeds the 10% capacity factor based on a three calendar year consecutive period, the owner/operator of the boiler or combustion turbine shall notify the Department in writing, and, if applicable, submit an Emission Control Plan pursuant to 310 CMR 7.19(3)(a)1., within 180 days of the end of the three-year period, and shall comply with the applicable NOx emission standards within two years of the end of the three-year period. (2) General Provisions. (a) After May 31, 1995, any person subject to 310 CMR 7.19 shall achieve and maintain continuous compliance with all requirements of 310 CMR 7.19. (b) Any person unable to comply with emission standards under 310 CMR 7.19(4)(b), (7)(b), (8)(d) or (9) may submit an application under 310 CMR 7.19(3) for a source specific alternative RACT. Such application shall be submitted to the Department for approval no later than September 5, 2018. No later than March 10, 2020, a person approved under 310 CMR 7.19(2)(b) must comply with the approved source specific alternative RACT. Such application must evaluate each of the following NOx controls, where it may be applied, and its technological and economic feasibility. 1. low-NOx burners; 2. close coupled and separated overfire air; 3. flue gas recirculation; 4. burners out of service; 5. steam/water injection; 6. dry low-NOx combustors; 7. ignition timing retard; 8. low emission combustion for reciprocating internal combustion engines; 9. separate circuit after-cooling; 10. fuel emulsification; 11. fuel switching; 12. selective noncatalytic reduction (SNCR); 13. selective catalytic reduction (SCR); 14. nonselective catalytic reduction (NSCR). 15. gas reburn; and 16. use of emission reduction credits (ERCs) certified by the Department pursuant to 310 CMR 7.00: Appendix B(3), or pursuant to the interstate trading provisions at 310 CMR 7.00: Appendix B(3)(f). Any person approved under 310 CMR 7.19(2)(b) must comply with the requirements of 310 CMR 7.19(13), except as specfied in 310 CMR 7.19(9)(b). (c) An emission unit subject to 310 CMR 7.19 shall be operated under conditions acceptable to the Department and EPA, and consistent with the operational parameters and limits established in the approved emission control plan. (d) Any person subject to 310 CMR 7.19 may elect to comply with a more stringent NOx limit in order to; create Emission Reduction Credits under 310 CMR 7.00: Appendix B(3); create emissions offsets for use under the provisions of 310 CMR 7.00: Appendix A(6); reduce the net emissions increase below the significance level under 310 CMR 7.00: Appendix A(3); emissions average under 310 CMR 7.19(14) and 7.00: Appendix B(4). (e) Any person subject to a more stringent emission standard either contained in a plan approval (issued pursuant to the Department's regulations) or in a PSD permit or contained in a Department regulation shall remain subject to that more stringent emission standard. (f) Seasonal Fuel Switching. After May 31, 1995 but before March 9, 2018, any person owning, leasing, operating or controlling an emissions unit subject to an emissions standard contained in 310 CMR 7.19 may choose to have the emissions unit comply with 310 CMR 7.19(2)(f) instead of an emissions limit contained in 310 CMR 7.19(4) through (11) by fuel switching. 1. The 12 month rolling average NOx emissions standard, in pounds per million Btu, shall be less than or equal to the NOx emissions standard calculated in the following manner. a. The annual limit shall be determined according to the following equation: (HI1)x(ES1)+ (HI2)x(ES2).... + (HIN)x(ESN) ASNOx = S))))))))))))))))))))))))))))))))) HI1 + HI2 .... + HIN ASNOx is the annual standard for nitrogen oxides derived from all fuels fired during the base year. HI1 is the heat input for fuel 1 in Btu during the base year. ES1 is the emissions standard for fuel 1 contained in 310 CMR 7.19(4) through (11), except that for tangential oil or oil and gas fired boilers, the emissions standard is 0.2 pounds per million Btu. N is the number of fuels burned during the base year. b. The base year shall be 1990. 1991 or 1992 may be used instead if the Department determines 1991 or 1992 is more representative of normal operation. 2. The maximum daily NOx emissions standard from May 1st through September 30th shall be the emissions standard allowed under 310 CMR 7.19(4) through (11) for the fuel burned in the largest amount, on a Btu basis, during the base year. However, for tangential oil or oil and gas fired boilers, the emissions standard is 0.2 pounds per million Btu. 3. The emission unit(s) must burn only the fuel, of the fuels it is approved to burn, that has the lowest NOx emissions rate, between May 1 and September 30 of each year unless the fuel is not available. (g) Emission Reduction Credits. Any facility may comply, either in part, or entirely, with the applicable emissions standard requirement contained in 310 CMR 7.19 through the use of emissions reduction credits (ERCs) certified by the Department pursuant to 310 CMR