Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 138 - REASONABLY AVAILABLE CONTROL TECHNOLOGY FOR FACILITIES THAT EMIT NITROGEN OXIDES (NOX-RACT)
Section 096-138-3 - Standards

Current through 2024-38, September 18, 2024

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.

(2) The NOx emission rate for large boilers licensed to fire multiple fuels shall not exceed 0.30 pounds per million British Thermal Units (BTU) on a 24-hour daily block arithmetic average basis.

(3) 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 biomass and coal shall not exceed 0.38 pounds per million BTU based on a one hour average.

(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, 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 NOx emission standards:

(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 boiler shall not exceed 1200 parts per million by volume wet basis, corrected to 12% oxygen on a 24-hour daily block average basis.

(3) MgO recovery boilers shall demonstrate compliance through the use of a continuous emissions monitoring system that satisfies the requirements of Department Regulation Chapter 117.

E. Lime Kiln. Any person owning, leasing, operating or controlling a lime kiln shall comply with the following NOx emission standards.

(1) The NOx emissions from any lime kiln shall not exceed 120 parts per million by volume wet basis, corrected to 10% oxygen, on a one hour average.

(2) Compliance for lime kilns shall be determined by stack tests.

F. Refuse Derived Fuel (RDF) Municipal Solid Waste(MSW) Incinerators. Any person owning, leasing, operating or controlling an RDF MSW incinerator shall comply with the following NOx emission standards.

(1) The NOx emissions for RDF fired MSW incinerators shall not exceed 180 parts per million by volume, corrected to 7% oxygen, on a 24-hour daily block arithmetic average basis.

(2) RDF fired MSW incinerators shall demonstrate compliance through the use of a continuous emissions monitoring system that satisfies the requirements of Department Regulation Chapter 117.

G. Mass Burn Municipal Solid Waste (MSW) Incinerators. Any person owning, leasing, operating or controlling a mass burn municipal waste incinerator shall comply with the following NOx emission standards.

(1) The NOx emissions for mass burn MW incinerators shall not exceed 200 parts per million by volume, corrected to 7% oxygen, on a 24-hour daily block arithmetic average basis.

(2) Mass burn MW incinerators shall demonstrate compliance through the use of a continuous emissions monitoring system that satisfies the requirements of Department Regulation Chapter 117.

H. Miscellaneous Stationary Sources. Owners or operators of miscellaneous stationary NOx sources meeting the applicability criteria of this Chapter and not specified in Sections 3(A) through 3(G) shall conduct an alternative RACT determination and comply with the provisions of Section 3(I).

I. Alternative RACT Determination. The provisions of Section 3(A) through Section 3(G) and Section 4 shall not apply to an affected facility where the owners or operators comply with each of the following:

(1) Within six months of the effective date of this Chapter or after the modeling is defined in Subsection 1(A)(3), submit to the Department for approval an application to amend the facility's existing air emission license to incorporate NOx RACT which details various options for the reduction of NOx emissions to the atmosphere. Each application shall include, at a minimum:
(a) An inventory of all affected NOx-emitting equipment at the facility;

(b) The maximum capacity of all affected NOx-emitting equipment;

(c) The maximum potential uncontrolled NOx emissions;

(d) An examination of the technical and economic feasibility of available NOx control techniques for the applicable NOx emitting equipment for which alternative RACT emission limits are sought, including but not limited to the capabilities of the following NOx control options:
(i) Low-NOx burners,

(ii) Overfire air,

(iii) Flue gas reburn,

(iv) Burners out of service,

(v) Use of alternative fuels,

(vi) Selective non-catalytic reduction,

(vii) Selective catalytic reduction, and

(viii) Alternative operating scenarios.

(e) The control option(s) selected, stating emission limits, and test methods to demonstrate compliance;

(f) The amount of NOx that is proposed to be controlled from the affected NOx-emitting equipment identified in Section 3(I)(1)(a);

(g) A schedule for implementation, including a demonstration of compliance; and

(h) A means of assessing compliance, including test methods, monitoring devices, record keeping and reporting requirement.

(2) Submit to the Department other information that is deemed by the Department to be required to determine RACT within 30 days of receipt of such request, unless otherwise provided by the Department.

(3) Submit to the Department a schedule for complete installation of control equipment and/or implementation of the NOx RACT determination as required by the Department Order issued under Section 5.

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 l 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 l 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 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 l 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 l 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,

(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 1, 1994;

(2) The NOx emissions for the boiler shall not exceed 20 tons per any calendar month; and

(3) The auxiliary/standby boilers shall have an annual tune-up and subject to the tune-up recordkeeping requirements specified in Section 3(L)(2).

N. Repowering Project Unit. Any person owning, leasing, operating or controlling a NOx-emitting equipment that enters into an enforceable agreement with the Department prior to January 1, 1995 to permanently shut down, dismantle, and complete a repowering project of any of its equipment by May 15, 1999 shall comply with the following:

(1) The unit to be shut down or dismantled by May 15, 1999 shall be tuned-up annually. The tune-up shall be performed between March 15 and June 15 of each year, starting in 1995, until the unit is retired, and

(2) The repowered facility must meet a NOx emission limitation that has been determined to be Best Available Control Technology or Lowest Achievable Emission Rate in a license issued by the Department.

O. Compliance Determination. For any source that employs the use of a continuous emissions monitoring system, periods of startup, shutdown, equipment malfunction and fuel switching shall not be included in determining 24-hour daily block arithmetic average emission rates provided that operating records are available to demonstrate that the facility was being operated to minimize emissions.

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