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 Readopt with amendments Env-A 1300, eff. 10-31-10 ( doc. #9803) to read as follows: 
 
CHAPTER Env-A 1300  NITROGEN OXIDES (NOx) REASONABL Y AVAILABLE CONTROL 
TECHNOLOGY (RACT)  
 
Statutory Authority:  RSA 125-C:4  
 
PART Env-A 1301  PURPOSE , AND APPLICABILITY , EXEMPTIONS AND REFERENCES  
 
 Env-A 1301.01  Purpose.  The purpose of this chapt er is to establish reasonably available control 
technology (RACT) standards for certain NOx-emittin g sources located in New Hampshire, to comply with 
sections 172(c)(1) and 182(b)(2) of the Act.  
 
 Env-A 1301.02  Applicability.  
 
 (a) The requirements in Env-A 1300, as effective o n October 31, 2010, shall not relieve any source 
that was subject to any version of Env-A 1211 in ef fect from May 20, 1994 through October 30, 2010 fro m 
its obligation to have been in compliance with appl icable rules then in effect.  
 
 (b) Utility boiler(s) shall be subject to the requ irements of Env-A 1303 if the combined  maximum 
heat input rate of such boiler(s) exceeds 50 millio n  Btu per hour at any time after December 31, 1989 an d 
the permitting applicability levels specified in En v-A 607.01 are met.   
 
 (c) Steam electric boiler(s) shall be subject to t he requirements of Env-A 1304 if the combined 
maximum heat input rate of such boiler(s) exceeds 5 0 million Btu per hour at any time after December 3 1, 
1989 and the permitting applicability levels specif ied in Env-A 607.01 are met.  
 
 (d) Industrial boiler(s) shall be subject to the r equirements of Env-A 1305 if the combined 
maximum heat input rate of such boiler(s) exceeds 5 0 million Btu per hour at any time after December 3 1, 
1989 and the permitting applicability levels specif ied in Env-A 607.01 are met.  
 
 (e) Stationary combustion turbine(s), except for stationary combustion turbines mounted on aircraft 
and  combustion turbines used as load shaving units or e mergency generators, shall be subject to the 
requirements of Env-A 1306 if the combined maximum heat input rate of such turbine(s) exceeds 25 
million Btu per hour at any time after December 31,  1989 and the permitting applicability levels speci fied 
in Env-A 607.01 are met. (l)  Load shaving unit(s) shall be subject to the requirements of Env-A 1313 , if 
the combined theoretical potential emissions from a ll devices and processes located at the stationary source 
exceed 50 tons per calendar year of NOx at any time  after December 31, 1989 and the permitting 
applicability levels specified in Env-A 607.01 are met . 
 
 (f) Stationary internal combustion engine(s), exce pt for stationary internal combustion engines used 
as emergency generators, shall be subject to the re quirements of Env-A 1307 if the combined maximum 
heat input rate of such engine(s) exceeds 4.5 milli on Btu per hour at any time after December 31, 1989  and 
the permitting applicability levels specified in En v-A 607.01 are met.  
 
 (g) Asphalt plant rotary dryer(s) shall be subject  to the requirements of Env-A 1308 if the combined 
maximum heat input rate of such dryer(s) exceeds 26 .2 million Btu per hour at any time after December 31, 
1989.  
 
 (h) Incinerator(s), except for incinerators combus ting sewage sludge, shall be subject to the 
requirements of Env-A 1309 if the combined processi ng capacity of such incinerator(s) exceeds 85 tons per 
day or more of waste at any time after December 31,  1989.  
 
 (i) Wallboard dryer(s), calcining mill(s), calcine r(s), and gypsum rock dryer(s) shall be subject to 
the requirements of Env-A 1310 if the combined theo retical potential emissions of such wallboard dryer (s), 
calcining mill(s), calciner(s), and gypsum rock dry er(s) equal or exceed 50 tons per calendar year of NOx at Text added to existing rules in bold italics   Initial Proposal     03-26-18     2 
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 any time after December 31, 1989 and the permitting applicability levels specified i n Env-A 607.01 are 
met . 
 
 (j) If the combined theoretical potential emission s from all devices and processes located at a 
stationary source exceed 50 tons per calendar year of NOx at any time after December 31, 1989, all 
stationary internal combustion engines or stationar y combustion turbines used as emergency generators at 
that source which meet the permitting applicability  levels specified in Env-A 607.01 shall be subject to the 
requirements of Env-A 1311 unless:  
 
(1) All such emergency generators are limited to le ss than 500 hours of operation during any 
consecutive 12-month period; and  
 
(2) The combined theoretical potential emissions of  NOx from all such emergency generators 
are limited to less than 25 tons for any consecutiv e 12-month period by permit conditions.  
 
 (k) Auxiliary boiler(s) shall be subject to the re quirements of Env-A 1312 if the combined 
theoretical potential emissions from all devices an d processes located at the stationary source exceed  50 
tons per calendar year of NOx at any time after Dec ember 31, 1989.  
 
 (l) Load shaving unit(s) shall be subject to the r equirements of Env-A 1313 if the combined 
theoretical potential emissions from all devices an d processes located at the stationary source exceed  50 
tons per calendar year of NOx at any time after Dec ember 31, 1989. {(l) now covered by (e) above}  
 
 (m l) Any miscellaneous stationary source at a stationa ry source having combined theoretical potential 
emissions from all devices and processes which equa l or exceed 50 tons per calendar year of NOx at any  
time after December 31, 1989 shall be subject to th e requirements of Env-A 1314 1313 , except for NOx-
emitting devices that have implemented Best Availab le Control Technology (BACT) for NOx, or Lowest 
Achievable Emission Rate (LAER) for NOx at any time  after December 31, 1989 pursuant to a federally 
enforceable permit.  Any device or group of devices  at a stationary source which meet the applicabilit y 
criteria of (b) through (l k), above, shall be subject to the requirements of t he applicable parts.  
 
 (n m) Any stationary source having combined theoretical  potential emissions of 50 tons or more of 
NOx during any consecutive 12-month period but whos e actual NOx emissions have not equaled or 
exceeded 50 tons during any consecutive 12-month pe riod since January 1, 1989, shall be subject to the  
requirements of this chapter, unless the following requirements are met:  
 
(1) The combined actual NOx emissions from NOx emit ting devices or processes are limited 
to less than 50 tons during any consecutive 12-mont h period by an enforceable permit or 
consent decree; and  
 
(2) The source has been and remains in full complia nce with the emission limit or operating 
conditions specified in conditions of a :  
 
a.  pPermit issued by the department or by EPA, ; or the terms of any  
 
b.  cConsent decree entered into by with the department or by EPA, ; or  
 
c.  any c Court order.  
 
 (o n) Once a stationary source becomes subject to the r equirements of this chapter, the source shall 
remain subject to these requirements even if emissi ons subsequently fall below the applicability level s 
specified in (b) through (m l), above.  
 
 (p o) If a stationary source fails to comply with any o f the terms or conditions the emission limit or 
operating conditions of a permit or consent decree, or court order refer red to in (n m), above, the source 
shall immediately become subject to the applicable requirements of this chapter. 
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  Env-A 1301.03  Exemptions.  The following sources s hall be exempt from this chapter:  
 
 (a) Any stationary source having combined theoretic al potential emissions of less than 50 tons of 
NOx during any consecutive 12-month period; 
 
 (b) Temporary boilers; and 
 
 (c) Stationary combustion turbines mounted on airc raft.  
    
PART Env-A 1302  DEFINITIONS  
 
 Env-A 1302.01  "Actual mole ratio" means the measu red number of moles of one chemical divided by 
the measured number of moles of a second chemical i n the same chemical system.  
 
 Env-A 1302.02  "Add-on control" means a device or process used to collect, remove, convert or 
destroy gaseous NOx pollutants resulting from the c ombustion of fuel or waste before these pollutants are 
released into the ambient air.  
 
 Env-A 1302.03  "Asphalt" means a dark-brown to bla ck cementitious material that is solid, semi-solid 
or liquid in consistency, in which the primary cons tituents are bitumens which occur in nature as such  or 
are obtained as residue in refining petroleum.  
 
 Env-A 1302.04  "Auxiliary boiler" means a boiler o perated to provide steam and house heat only 
when the primary steam or power source for a facili ty is not available for use.  Auxiliary boiler shal l not 
include emergency generators and load shaving units .  
 
 Env-A 1302.05  "Auxiliary fuel" means fuel, other than waste materials, used in an incinerator or 
resource recovery facility to attain temperatures s ufficiently high enough to dry and ignite waste mat erials, 
to maintain ignition, or to drive the complete comb ustion of combustible solids, vapors and/or gaseous  
substances.  
 
 Env-A 1302.06  “Boiler operating day” means a 24-ho ur period that begins at 12:00 a.m. and ends 
the next day at 12:00 a.m. during which any fuel is  combusted in a boiler for any period of time . 
 
 Env-A 1302.06 07   "Classifiable process or device" means any proces s or device that emits NOx and 
is included in one of the categories listed in Env- A 1301.02(b) through (l k), but is not subject to the 
requirements of Env-A 1303 through Env-A 1313 1312 because such process or device falls below the 
applicability threshold.  
 
 Env-A 1302.07 08   "Coal" means all solid fuels classified as anthra cite, bituminous, lignite, or 
subbituminous according to the ASTM Standard Classi fication of Coals by Rank, ASTM D 388-99, coal 
refuse, and petroleum coke.  The term includes coal -derived synthetic fuels, including but not limited  to, 
solvent refined coal, gasified coal, coal-oil mixtu res, and coal-water mixtures.  
 
 Env-A 1302.08 09   "Cogeneration facility" means a facility that gen erates steam for the purpose of 
supplying heat or energy to a manufacturing process  in the host facility, and power for sale to an ele ctric 
utility.  
 
 Env-A 1302.09 10   "Coke" means a fused, cellular, porous structure that remains after free moisture 
and the major portion of the volatile materials hav e been distilled from bituminous coal and other 
carbonaceous material by the application of heat in  the absence of air or in the presence of a limited  supply 
of air.  
 
 Env-A 1302.10 11   "Combined cycle combustion turbine" means any sta tionary gas or oil-fired turbine 
which recovers heat from the turbine exhaust gases to heat water or generate steam.  
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  Env-A 1302.11 12   "Commercial fuel" means solid, liquid, or gaseous  fuel normally produced or 
manufactured, and sold for the purpose of creating useful heat or mechanical energy. 
 
 Env-A 1302.13  “Compression ignition” means an igni tion process used in a stationary internal 
combustion engine that is not a spark ignition proc ess, as defined in Env-A 1302.47, below.  
 
 Env-A 1302.12 14  "Cyclone firing" means a fuel-firing process usin g one or more horizontal 
cylinders to burn fuel under conditions of high rat es of heat release, low rates of heat absorption by  the 
cylinder walls, with centrifugal action imparted to  the fuel particles by air entering the cylinder.  The 
combustion gases exiting from the cylinders turn 90  degrees to go up through the boiler.  The horizont al 
cylinders are attached to the bottom of the furnace  with one or more of the cylinders arranged on one 
furnace wall or on 2 opposed furnace walls.  
 
 Env-A 1302.13 15  "Dry bottom" means the boiler has a furnace botto m temperature below the ash 
melting point, and the bottom ash is removed as a s olid.  
 
 Env-A 1302.14 16  "Electric generating utility" means a utility whi ch is regulated by the public 
utilities commission and which generates electricit y for sale.  
 
 Env-A 1302.15 17  “Emergency generator” means “emergency generator”  as defined in Env-A 101.  
 
 Env-A 1302.18  “Emergency” means an unforeseeable c ondition that is beyond the control of the 
owner or operator of an emergency generator that: 
 
 (a) Results in an interruption of electrical power  from the electricity supplier to the premises; 
 
 (b) Requires an interruption of electrical power f rom the electricity supplier to the premises in 
order to enable the owner or operator to repair dam age from fire, flood, or any other catastrophic eve nt, 
natural or man-made; or  
 
 (c) Requires operation of an emergency generator t o minimize damage from fire, flood, or any 
other catastrophic event, natural or man-made. 
 
 Env-A 1302.16  "Emissions unit" means “emissions u nit” as defined in Env-A 101.  
         
 Env-A 1302.17 19   "Face firing" means a furnace firing design in wh ich the burners are mounted in an 
array on one or more vertical walls, including:  
 
 (a) Opposed firing, where the burners are mounted on 2 opposite walls; and  
 
 (b) Single-wall firing, where the burners are moun ted on only one wall.  
 
 Env-A 1302.18 20  "Fuel-bound nitrogen" means the nitrogen content, in weight fraction, of the fuel.  
 
 Env-A 1302.19 21   "Gas or gaseous fuel" means natural gas, liquid p etroleum gas, or gaseous 
substances produced synthetically from coal or oil,  or derived from the decomposition of organic matte r, or 
derived as a by-product of a manufacturing process,  and which can be used to create useful heat and/or  
mechanical energy.  
 
 Env-A 1302.20 22  "Industrial boiler" means a steam generating unit that generates steam to supply 
power and/or heat to an industrial, institutional o r commercial operation, excluding boilers used by e lectric 
utilities, small power producers and cogenerators t o generate electricity.  
 
 Env-A 1302.21 23   "Internal combustion engine" means any engine in which power, produced by heat 
and/or pressure developed in the engine cylinder(s)  by burning a mixture of air and fuel, is subsequen tly 
converted to mechanical work by means of one or mor e pistons.  
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  Env-A 1302.22 24  "Lean burn engine" means “lean burn engine” as defined in 40 CFR 60, Subpart  
JJJJ, as reprinted in Appendix B  a stationary internal combustion engine in which t he amount of O 2 in the 
engine exhaust gases is 1.0% or more, by weight, un less otherwise specified by the engine manufacturer . 
 
 Env-A 1302.23 25  "Limited at all times" means that the NOx emissio ns of a source or device does not 
exceed the prescribed NOx emission limit over the a veraging time specified in the applicable section o f this 
part during the entire period of time that the sour ce or device operates.  
 
 Env-A 1302.24 26  “Liquid petroleum gas” means a flammable mixture of hydrocarbon gases derived 
from petroleum refining or natural gas processing t hat meets the ASTM Standard Specification for Liqui d 
Petroleum Gases, D1835-97.  
 
 Env-A 1302.25 27  "Load shaving unit" means a device that operates for other than an emergency 
used to generate electricity for sale or use on-site during high electric demand days, including but not  
limited to stationary combustion turbines or statio nary internal combustion engines.  
 
 Env-A 1302.26 28  "Low-NOx emitting process" means a process that r esults in NOx emission 
reductions which constitute NOx RACT as approved by  the division and EPA pursuant to Env-A 
1315 14 .05.  
 
 Env-A 1302.27 29  "Manufacturing process" means any process directl y related to the manufacturing 
of goods and/or supplies, both finished and interme diate, whose operations result in pollutant emissio ns to 
the ambient air from process or manufacturing equip ment or machinery directly or through exhaust or 
ventilating systems, including elevated stacks.  
 
 Env-A 1302.28 30  "Maximum allowable emission rate" means the maxim um amount of an air 
contaminant which is allowed to be emitted into the  ambient air during a prescribed interval of time.  
 
 Env-A 1302.29 31  "Maximum heat input rate" means the maximum stead y state fuel firing rate, in 
Btus per hour of gross heat input, of fuel burning equipment as determined in the design rating of the  
equipment manufacturer and the characteristics of t he fuel-burning devices.  
 
 Env-A 1302.30 32  "Miscellaneous stationary source" means that port ion of a stationary source, as 
defined in Env-A 101.185 187 , consisting of devices and processes that are:  
 
 (a) Unclassifiable; or  
 
 (b) Classifiable.  
 
 Env-A 1302.31 33  "Mole" means the specific amount of chemical substa nce in a system proportional 
to its number of molecules, calculated as the mass of the chemical divided by its molecular weight.  
 
 Env-A 1302.32 34  "Natural gas" means a naturally occurring mixture o f hydrocarbon and 
nonhydrocarbon gases found in geologic formations b eneath the earth's surface, of which the principal 
constituent is methane.  
 
 Env-A 1302.35 35  "Oxides of nitrogen  Nitrogen Oxides (NOx)" means all oxides of nitrogen, except 
nitrous oxide, as measured in accordance with test methods specified in Env-A 800 and approved by EPA.  
 
 Env-A 1302.33 36  "Normalized stoichiometric ratio (NSR)" means the  actual mole ratio of urea to 
NOx divided by the theoretical stoichiometric ratio , which is 0.5 for the reaction between urea and NO x.  
 
 Env-A 1302.34 37 "NOx control technique" means a system, design mod ification, or use of equipment 
and technology to reduce NOx emissions to the ambie nt air from NOx-emitting devices or processes, 
including combustion modifications, low-NOx burners , overfire air systems, low excess air systems, flu e Text added to existing rules in bold italics   Initial Proposal     03-26-18     6 
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 gas recirculation, natural gas reburn, burners out of service, fuel switching, selective catalytic red uction, 
selective non-catalytic reduction, or other device or procedure approved pursuant to Env-A 1316 1315 . 
 
 Env-A 1302.36 38  "Ozone season" means the period between May March 1 and September 30, 
inclusive.  
 
 Env-A 1302.37  "Power outage" means that normally available sources of electrical energy are 
unavailable due to circumstances beyond the control  of the customer(s) of the power supplier(s).  
 
 Env-A 1302.38 39  "RACT order" means a written order, providing for  inventories and emission limits 
for NOx-emitting devices or processes and RACT-comp liance procedures and schedules, issued by the 
division to a miscellaneous stationary source or a stationary source seeking alternative RACT emission  
limits pursuant to Env-A 1315 14 .04.  
 
 Env-A 1302.39 40   "Rated brake horsepower (bhp)" means the brake ho rsepower rating specified by 
the manufacturer and listed on the nameplate.  
 
 Env-A 1302.40 41  "Regenerative cycle combustion turbine" means any  stationary gas or oil-fired 
turbine which recovers heat from the turbine exhaus t gases to preheat inlet combustion air to the turb ine.  
 
 Env-A 1302.41 42  "Repowering" means the replacement or conversion of an existing emissions unit 
with a new or converted unit which results in lower  emission rates of NOx.  
 
 Env-A 1302.42 43  "Rich burn engine" means “rich burn engine” as defined in 40 CFR 60 subpart 
JJJJ, as reprinted in Appendix B any stationary internal combustion engine that is n ot a lean burn engine.  
 
 Env-A 1302.43 44  "Simple cycle combustion turbine" means any stati onary gas or oil-fired turbine 
which does not recover heat from the turbine exhaus t gases to preheat the inlet combustion air to the 
turbine, heat water or generate steam.  
 
 Env-A 1302.44 45  "Shaker grate or vibrating grate" means a grate t hat mechanically oscillates or 
vibrates during loading of solid fuel to assist in the introduction of the fuel into the combustion zo ne, and in 
removing accumulation of fuel particle deposits on the grate surface.  
 
 Env-A 1302.45 46  "Small power production facility" means a power pr oduction facility that is 
designed for or capable of operating at a capacity of less than 30 megawatts and is not a cogeneration  
facility.  
 
 Env-A 1302.47  “Spark ignition” means “spark igniti on” as defined in 40 CFR 60, subpart IIII, as 
reprinted in Appendix B. 
 
 Env-A 1302.46 48  "Stationary combustion turbine" means any simple cycle combustion turbine, 
regenerative cycle combustion turbine, or any combu stion turbine portion of a combined cycle steam/ 
electric generating system that is not self-propell ed, but which can be mounted on a vehicle for porta bility.  
 
 Env-A 1302.47 49 "Stationary grate" means a grate that is permanent ly affixed during normal boiler 
operation.  
 
 Env-A 1302.48 50   "Stationary internal combustion engine" means “stationary internal combustion 
engine” as defined in 40 CFR 60, subpart IIII, as r eprinted in Appendix B.  any internal combustion 
engine that operates as a stationary source, but wh ich can be mounted on a vehicle for portability.  
 
 Env-A 1302.49 51  "Steam electric boiler" means a steam generating unit, as defined in Env-A 
1302.49 51 , that is constructed and operated for the purpose of supplying more than one-third of its 
potential electrical output to any utility power di stribution system for sale which is located at a 
cogeneration or small power production facility.  Text added to existing rules in bold italics   Initial Proposal     03-26-18     7 
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 Env-A 1302.50 52  "Steam generating unit" means a device that combu sts any fuel or byproduct/waste 
to produce steam or to heat water or any other heat  transfer medium.  
 
 Env-A 1302.51 53  "Stoker" means a furnace design that incorporates  a feeding mechanism, fuel 
distribution and ash residue collection system for the purpose of introducing solid fuel into the comb ustion 
zone of the furnace by feeding the fuel onto a grat e.  
 
 Env-A 1302.52 54  "Tangential firing" means a boiler firing design where the burners and air nozzles 
are mounted in each corner of the furnace chamber w here the vertical furnace walls meet.  Both the fue l 
and air are directed from the furnace corners along  a line tangential to a circle lying in a horizonta l plane of 
the furnace. 
 
 Env-A 1302.55 “Temporary boiler” means “temporary boiler” as defined in 40 CFR 63, subpart 
JJJJJJ, as reprinted in Appendix B.  
 
 Env-A 1302.53 56 "Theoretical potential emissions" means the quanti ty of nitrogen oxides that could 
be emitted by a source, prior to the application of  add-on controls, based on either of the following:  
 
 (a) Continuous operation of 8760 hours per year at  the maximum heat input rate of the source; or  
 
 (b) Hours of operation, process conditions, or bot h that are limited by the conditions of a federally  
enforceable permit.  
 
 Env-A 1302.54 57  "Traveling grate" means a grate designed to move at a constant velocity during the 
loading of solid fuel to assist in the introduction  of fuel into the combustion zone.  
 
 Env-A 1302.55 58  "Unclassifiable process or device" means any proc ess or device that emits NOx but 
is not included in any of the categories listed in Env-A 1301.02(b) through (l).  
 
 Env-A 1302.56 59  "Utility boiler" means a steam generating unit th at is constructed and operated for 
the purpose of supplying more than one-third of its  potential electrical output capacity to any utilit y power 
distribution system for sale, except for steam elec tric boilers, as defined in Env-A 1302.48 50 . 
 
 Env-A 1302.57 60   "Wet bottom" means the boiler has a furnace botto m temperature above the ash 
melting point and the bottom ash is removed as a li quid.  
 
PART Env-A 1303  UTILITY BOILERS  
 
 Env-A 1303.01  Applicability.  All utility boilers  meeting the applicability criteria of Env-A 
1301.02(b) shall be subject to this part.  
 
 Env-A 1303.02  Timing of Efficiency Tests; Process  Adjustments Work Practice Standard; 
Performance Tune-ups .  The owner or operator of one or more utility boi ler(s) having a heat input rate of 
at least 5 million Btu per hour but less than 50 mi llion Btu per hour per boiler shall, before April 1 st of each 
year , at least once every 12 months : 
 
 (a) Perform an efficiency test on each boiler usin g the test procedures specified in chapter 3, 
Combustion Efficiency Tables, Taplin, Harry, R., Fa irmont Press, 1991; and  Conduct a performance tune-
up on each such boiler, as follows: 
 
(1) Using the procedures specified in 40 CFR 63, Su bpart JJJJJJ, National Emission 
Standards for Hazardous Air Pollutants for Industri al, Commercial, and Institutional Boilers 
Area Sources, or 40 CFR 63, Subpart DDDDD, National  Emission Standards for Hazardous 
Air Pollutants for Major Sources: Industrial, Comme rcial, and Institutional Boilers and 
Process Heaters; and Text added to existing rules in bold italics   Initial Proposal     03-26-18     8 
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(2) Burning the type of fuel, or fuels in the case of boilers that routinely burn two types of 
fuels at the same time, that provide the majority o f the heat input to the boiler over the 12 
months prior to the tune-up; and 
 
(3) Within 30 days of startup, if the unit is not o perating on the date by which a tune-up is 
required; and  
 
 (b) Adjust the combustion process of each boiler i n accordance with the procedures specified in 
chapter 5, Combustion Efficiency Tables, Taplin, Ha rry, R., Fairmont Press, 1991. Perform gaseous 
concentration measurements for each such boiler in accordance with NOx RACT Testing, as specified in 
Env-A 800.  
 
 Env-A 1303.03  Recordkeeping for Efficiency Tests Performance Tune-ups .   
 
 (a) The owner or operator of one or more utility boiler (s) with a heat input rate of at least 5 million 
Btu per hour but less than 50 million Btu per hour per boiler shall maintain, in a format that can be retained 
unaltered for the time period specified in Env-A 90 2, the following information for each efficiency te st 
performance tune-up : 
 
(1) The identification of the boiler; 
 
(a2) The date(s) on which:(1) T the efficiency test tune-up was conducted; and  
 
(2) The combustion process was last adjusted; 
 
(b3) The name(s), title(s), and affiliation(s) of the individual(s) who: (1) C conducted the 
efficiency test; and (2) Made the adjustments tune-up ; 
 
(c4) The concentrations of NOx emission concentration in the effluent stream , in parts-per-
million by volume, dry basis (ppmvd), corrected to 15% oxygen measured at high fire or 
typical operating load , before and after the adjustments are made tune-up of the boiler ; 
 
(d5) The concentration of CO emission concentration in the effluent stream , in ppmvd, 
corrected to 15% oxygen and oxygen in volume percent , measured at high fire or typical 
operating load, before and after the adjustments are made tune-up of the boiler ; 
 
(e6) The opacity readings A description of any corrective actions taken as a part of the tune-
up of the boiler ;  
and  
 
(f7) Any other information required by Env-A 903 or En v-A 905 For boilers capable of using 
more than one type of fuel, the fuel burned in the boiler during the tune-up and the type and 
amount of fuel used over the 12 months prior to the  tune-up .  For units sharing a fuel meter 
the allocation of fuel between those units may be e stimated. 
 
 (b) Concentration measurements may be taken by eit her a dry or wet basis, provided that  
 
(1) The same basis is used before and after the tun e-up; and  
 
(2) All gases are measured using the same  basis.  
 
 Env-A 1303.04  RACT Requirements.  Each utility bo iler having a heat input rate of at least 50 
million BTU per hour shall comply with the applicab le NOx RACT requirements specified in Env-A 
1303.05 through Env-A 1303.07.  
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     9 
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  Env-A 1303.05  RACT Requirements: Wet-Bottom Utili ty Boilers Firing Coal.  For wet-bottom 
utility boilers firing coal, whether by itself or i n combination with any other fuel(s), the NOx RACT 
requirements shall be as follows:  
 
 (a) For tangential or face-fired boilers, an emiss ion limit of 1.0 lb. per million Btu, based on a 24 -
hour calendar day average;  
 
 (b) For cyclone-fired boilers having a maximum net  power output of less than 320 megawatts and 
equipped with a selective catalytic reduction (SCR)  system  at all times after December 31, 1989, an 
emission limit of 0.92 0.22 lb. per million Btu , based on a 24-hour calendar 7-boiler operating day rolling 
average; or 
 
 (c) For cyclone-fired boilers having a maximum net  power output of more equal to or greater than 
320 megawatts and equipped with a SCR system at any all time s after December 31, 1989, an emission 
limit of 0.25 lb. per million Btu, based on a 7-boi ler operating day rolling average . the emission limit 
specified in (d), below, coupled with one of the fo llowing: 
(1) An emission limit of 1.40 lb. per million Btu b ased on a 24-hour calendar day average;  
(2) The installation, operation, and maintenance of  selective non-catalytic reduction (SNCR) 
technology with a minimum normalized stoichiometric  ratio (NSR) of 1:1; or  
(3) The installation, operation, and maintenance of  NOx RACT air pollution control 
equipment or an air pollution control process havin g equivalent or greater NOx removal 
efficiency as SNCR, approved by the department and EPA; and  
 (d) Wet-bottom cyclone-fired utility boilers shall  be limited at all times to the equivalent of 15.4 
tons of NOx per 24-hour calendar day.  
 
 Env-A 1303.06  RACT Requirements: Dry-Bottom Utili ty Boilers Firing Coal and/or Oil.  For dry-
bottom utility boilers that fire, or that are capab le of firing, coal or oil, or any combination there of, the NOx 
RACT requirements shall be as follows:  
 
 (a) For tangential-fired boilers, an emission limi t of 0.38 lb. per million Btu, based on a 24-hour 
calendar day average;  
 
 (b) For face-fired boilers, an emission limit of 0 .50 lb. per million Btu, based on a 24-hour calenda r 
day average; and  
 
 (c) For stoker-fired boilers, an emission limit of  0.30 lb. per million Btu, based on a 24-hour 
calendar day average.  
 
 Env-A 1303.07  RACT Requirements: Utility Boilers Firing Oil, Gas, and/or Wood.  
 
 (a) For utility boilers that fire, or that are cap able of firing, oil or gas, or any combination ther eof, 
the NOx RACT requirements shall be as follows:  
 
(1) For tangential or face-fired boilers when firin g exclusively oil, an emission limit of 0.35 lb. 
per million Btu, based on a 24-hour calendar day av erage;  
 
(2) For face-fired boilers when firing gas or any c ombination of oil and gas, an emission limit 
of 0.25 lb. per million Btu based on a 24-hour cale ndar day average; and  
 
(3) For tangential-fired boilers when firing gas or  any combination of oil and gas, an emission 
limit of 0.25 lb. per million Btu based on a 24-hou r calendar day average;  
 
 (b) For boilers that fire gas exclusively, an emis sion limit of 0.20 lb. per million Btu, based on an  
hourly average, for tangential or face-fired boiler s; and  
 
 (c) For boilers that fire wood fuel or that are ca pable of firing a combination of wood fuel and oil:  
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     10 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
 (1) For boilers equipped with a traveling, shaker, or vibrating grate, an emission limit of 0.33 
lb. per million Btu, based on a 24-hour calendar da y average; and  
 
(2) For boilers equipped with a stationary grate, a n emission limit of 0.25 lb. per million Btu, 
based on a 24-hour calendar day average.  
 
 (d) Utility boilers that fire any fuel or combinat ion of fuels excluding coal shall be limited at all  
times to the equivalent of 3.8 tons of NOx per 24-h our calendar day.  
 
 Env-A 1303.08  Retiring or Repowering Utility Boil ers.  Nothing in this chapter shall prohibit the 
retiring or repowering of a utility boiler at any t ime after the effective date of this chapter.  Util ity boilers 
shall remain subject to the applicable NOx RACT emi ssion limits specified in this chapter, regardless of a 
decision to retire or repower the boiler.  
 
PART Env-A 1304  STEAM ELECTRIC BOILERS  
 
 Env-A 1304.01   Applicability.  All steam electric  boilers that meet the applicability criteria of En v-A 
1301.02(c) shall be subject to this part.  
 
 Env-A 1304.02  Timing of Efficiency Tests; Process  Adjustments Work Practice Standard; 
Performance Tune-ups .  The owner or operator of one or more steam elect ric boiler(s) having a heat input 
rate of at least 5 million Btu per hour but less th an 50 million Btu per hour per boiler shall comply with 
Env-A 1303.02 and Env-A 1303.03 , before April 1st of each year: . 
 (a) Perform an efficiency test for each boiler usi ng the test procedures specified in chapter 3, 
Combustion Efficiency Tables, Taplin, Harry, R., Fa irmont Press, 1991; and  
 (b) Adjust the combustion process of each boiler i n accordance with the procedures specified in 
chapter 5, Combustion Efficiency Tables, Taplin, Ha rry R., Fairmont Press, 1991.  
 
 Env-A 1304.03  Recordkeeping for Efficiency Tests.   The owner or operator of one or more steam 
electric boiler(s) having a heat input rate of at l east 5 million Btu per hour but less than 50 millio n Btu per 
hour per boiler shall maintain, in a format that ca n be retained unaltered for the time period specifi ed in 
Env-A 902, the following information for each effic iency test:  
 (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(s), and affiliation(s) of t he individual(s) who:  
(1) Conducted the efficiency test; and  
(2) Made the adjustments;  
 (c) The NOx emission concentration, in ppmvd, corr ected to 15% oxygen, after the adjustments are 
made;  
 (d) The CO emission concentration, in ppmvd, corre cted to 15% oxygen, after the adjustments are 
made;  
 (e) The opacity readings; and  
 (f) Any other information required by Env-A 903 or  Env-A 905.  
 
 Env-A 1304.04 03   RACT Requirements.  
 
 (a) Any steam electric boiler having a heat input rate of at least 50 million Btu per hour but less t han 
100 million Btu per hour shall comply with the appl icable NOx RACT requirements specified in Env-A 
1305.04 03 , for the applicable fuel type and fuel-firing desi gn.  
 
 (b) Any steam electric boiler having a heat input rate of 100 million Btu per hour or more shall 
comply with the applicable NOx RACT requirements sp ecified in Env-A 1305.10 09  for the applicable fuel 
type and fuel-firing design.  Text added to existing rules in bold italics   Initial Proposal     03-26-18     11 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
  
PART Env-A 1305  INDUSTRIAL BOILERS  
 
 Env-A 1305.01  Applicability.  All industrial boil ers that meet the applicability criteria of Env-A 
1301.02(d) shall be subject to this part.  
 
 Env-A 1305.02  Timing of Efficiency Tests; Adjustm ents Work Practice Standard; Performance 
Tune-ups .  The owner or operator of one or more industrial boiler(s) having a heat input rate of at least 5 
million Btu per hour but less than 50 million Btu p er hour per boiler shall comply with Env-A 1303.02 and 
Env-A 1303.03 , before April 1st of each year: . 
 (a) Perform an efficiency test on each boiler usin g the test procedures specified in chapter 3, 
Combustion Efficiency Tables, Taplin, Harry, R., Fa irmont Press, 1991; and  
 (b) Adjust the combustion process of each boiler i n accordance with the procedures specified in 
chapter 5, Combustion Efficiency Tables, Taplin, Ha rry R., Fairmont Press, 1991.  
 
 Env-A 1305.03  Recordkeeping for Efficiency Tests.   The owner or operator of one or more industrial 
boiler(s) having a heat input rate of at least 5 mi llion Btu per hour but less than 50 million Btu per  hour per 
boiler shall maintain, in a format that can be reta ined unaltered for the time period specified in Env -A 902, 
the following information for each efficiency test:  
 (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(s), and affiliation(s) of t he individual(s) who:  
(1) Conducted the efficiency test; and  
(2) Made the adjustments;  
 (c) The NOx emission concentration, in ppmvd, corr ected to 15% oxygen, after the adjustments are 
made;  
 (d) The CO emission concentration, in ppmvd, corre cted to 15% oxygen, after the adjustments are 
made;  
 (e) The opacity readings; and  
 (f) Any other information required by Env-A 903 or  Env-A 905.  
 
 Env-A 1305.04 03   RACT Requirements for Industrial Boilers with Hea t Input Rates Less than 100 
Million Btu Per Hour.  
 
 (a) Any industrial boiler having a heat input rate  of at least 50 million Btu per hour but less than 100 
million Btu per hour shall comply with the applicab le NOx RACT requirements specified in Env-A 
1305.05 04  through Env-A 1305.09 08 . 
 
 (b) For purposes of Env-A 1305.06 05  through Env-A 1305.08 07 , NOx RACT control technology 
shall be:  
 
(1) The installation, operation, and maintenance of  low NOx burners (LNB); or  
 
(2) The installation, operation, and maintenance of  air pollution control equipment or an air 
pollution control process having equivalent or grea ter NOx removal efficiency as LNB, as 
approved by the department and EPA as specified in Env-A 1316 1315 relative to NOx RACT 
orders.  
 
 Env-A 1305.05 04   RACT Requirements: Dry Bottom Industrial Boilers Firing Coal and/or Oil.  In 
accordance with Env-A 1305.03(a), For the NOx RACT requirements for  dry-bottom industrial boilers 
that fire, or that are capable of firing, coal or o il, or any combination thereof, the NOx RACT requir ements  
shall be as follows:  
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     12 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
  (a) For tangential-fired boilers, an emission limi t of 0.38 lb. per million Btu, based on a 24-hour 
calendar day average;  
 
 (b) For face-fired boilers, an emission limit of 0 .50 lb. per million Btu, based on a 24-hour calenda r 
day average; and  
 
 (c) For stoker-fired boilers, an emission limit of  0.30 lb. per million Btu, based on a 24-hour 
calendar day average.  
      
 Env-A 1305.06 05   RACT Requirements: Boilers Firing Oil Exclusively .  In accordance with Env-A 
1305.03(a), For the NOx RACT requirements for tangential or face-fired boilers only capable of fi ring oil, 
the NOx RACT requirements  shall be as follows: 
 
 (a) For boilers firing No. 2 fuel oil exclusively,  an emission limit of 0.12 lb. per million Btu, bas ed 
on an hourly average; and  
 
 (b) For boilers firing No. 4, 5, or 6 fuel oil, or  any combination thereof:  
 
(1) An emission limit of 0.30 lb. per million Btu, based on a 24-hour calendar day average; or  
 
(2) Implement NOx RACT control technology as specif ied in Env-A 1305.04(b). 
 
 Env-A 1305.07 06   RACT Requirements: Boilers Firing Oil and Gas.  In accordance with Env-A 
1305.03(a), For the NOx RACT requirements for  tangential or face-fired boilers that fire, or tha t are 
capable of firing, a combination of oil and gas, th e NOx RACT requirements  shall be as follows:  
 
 (a) When firing gas exclusively:  
 
(1) An emission limit of 0.10 lb. per million Btu, based on an hourly average; or  
 
(2) Implement NOx RACT control technology as specif ied in Env-A 1305.04(b).  
 
 (b) When firing oil exclusively:  
 
(1) When firing No. 2 fuel oil exclusively, an emis sion limit of 0.12 lb. per million Btu, based 
on an hourly average; and  
 
(2) When firing No. 4, 5, or 6 fuel oil, or any com bination thereof:  
 
a.  An emission limit of 0.30 lb. per million Btu, based on a 24-hour calendar day average; 
or  
 
b.  Implement NOx RACT control technology as specif ied in Env-A 1305.04(b).  
 
 (c) When firing a combination of oil and gas:  
 
(1) When firing gas and No. 2 fuel oil, an emission  limit of 0.12 lb. per million Btu, based on 
an hourly average; and  
 
(2) When firing gas and No. 4, 5, or 6 fuel oil, or  any combination thereof:  
 
a.  An emission limit of 0.30 lb. per million Btu, based on a 24-hour calendar day average; 
or  
 
b.  Implement NOx RACT control technology as specif ied in Env-A 1305.04(b). 
 Env-A 1305.08 07   RACT Requirements: Boilers Firing Gas Exclusively .  In accordance with Env-A 
1305.03(a), For the NOx RACT requirements  for  boilers only capable of firing gas, the NOx RACT 
requirements shall be as follows:  
 
 (a) An emission limit of 0.10 lb. per million Btu,  based on an hourly average; or  
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     13 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
  (b) Implement NOx RACT control technology as speci fied in Env-A 1305.04(b).  
 
 Env-A 1305.09 08   RACT Requirements: Boilers Firing Wood.  In accordance with Env-A 
1305.03(a), F for boilers that fire wood fuel, or that are capable  of firing wood fuel, whether alone or in 
combination with oil, the NOx RACT requirements sha ll be as follows:  
 
 (a) For boilers equipped with a traveling, shaker,  or vibrating grate, an emission limit of 0.33 lb. per 
million Btu, based on a 24-hour calendar day averag e; and  
 
 (b) For boilers equipped with a stationary grate, an emission limit of 0.25 lb. per million Btu based  
on a 24-hour calendar day average.  
 
 Env-A 1305.10 09   RACT Requirements for Industrial Boilers with Hea t Input Rates of 100 Million 
Btu Per Hour or More.  
 
 (a) Any industrial boiler having a heat input rate  of 100 million Btu per hour or more shall comply 
with the applicable NOx RACT requirements specified  in Env-A 1305.11 10  through Env-A 1305.15 14 . 
 
 (b) For purposes of Env-A 1305.13 12  through and Env-A 1305.15 13 , NOx RACT control 
technology shall be:  
 
(1) The installation, operation, and maintenance of  low NOx burners (LNB); or  
 
(2) The installation, operation, and maintenance of  air pollution control equipment or an air 
pollution control process having equivalent or grea ter NOx removal efficiency as LNB, as 
approved by the department and EPA as specified in Env-A 1316 1315 relative to NOx RACT 
orders.  
 
 Env-A 1305.11 10   RACT Requirements: Wet-Bottom Industrial Boilers Firing Coal.  In accordance 
with Env-A 1305.09(a), For wet-bottom boilers that fire coal or that are c apable of firing coal, whether by 
itself or in combination with any other fuel(s), th e NOx RACT requirements shall be as follows:  
 
 (a) For tangential or face-fired boilers, an emiss ion limit of 1.0 lb. per million Btu, based on a 24 -
hour calendar day average; and  
 
 (b) For cyclone-fired boilers, an emission limit o f 0.92 lb. per million Btu, based on a 24-hour 
calendar day average.  
 
 Env-A 1305.12 11   RACT Requirements: Dry-Bottom Industrial Boilers Firing Coal and/or Oil.  In 
accordance with Env-A 1305.09(a), For dry-bottom boilers that fire, or that are capab le of firing, coal or 
oil, or any combination thereof, the NOx RACT requi rements shall be as follows:  
 
 (a) For tangential-fired boilers, an emission limi t of 0.38 lb. per million Btu, based on a 24-hour 
calendar day average;  
 
 (b) For face-fired boilers, an emission limit of 0 .50 lb. per million Btu, based on a 24-hour calenda r 
day average; and  
 
 (c) For stoker-fired boilers, an emission limit of  0.30 lb. per million Btu, based on a 24-hour 
calendar day average.  
 
 Env-A 1305.13 12   RACT Requirements: Industrial Boilers Firing Oil and/or Gas.  In accordance 
with Env-A 1305.09(a), For boilers that fire, or that are capable of firin g, oil or gas, or any combination 
thereof, the NOx RACT requirements shall be as foll ows:  
 
 (a) For tangential or face-fired boilers when firi ng oil exclusively:  
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     14 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
 (1) An emission limit of 0.30 lb. per million Btu, based on a 24-hour calendar day average; or  
 
(2) Implement NOx RACT control technology as specif ied in Env-A 1305.10 09 (b); and  
 
 (b) For tangential or face-fired boilers when firi ng gas, or any combination of oil and gas, an 
emission limit of 0.25 lb. per million Btu based on  a 24-hour calendar day average.  
 
 Env-A 1305.14 13   RACT Requirements: Industrial Boilers Firing Gas Exclusively.  In accordance 
with Env-A 1305.09(a), For boilers that are only capable of firing gas, th e NOx RACT requirements shall 
be as follows:  
 
 (a) For tangential or face-fired boilers, an emiss ion limit of 0.10 lb. per million Btu, based on an 
hourly average; or  
 
 (b) Implement NOx RACT control technology as speci fied in Env-A 1305.10 09 (b).  
         
 Env-A 1305.15 14   RACT Requirements: Boilers Firing Wood.  In accordance with Env-A 
1305.09(a), For boilers that fire wood fuel, or that are capabl e of firing wood fuel, whether alone or in 
combination with oil, the NOx RACT requirements sha ll be as follows:  
 
 (a) For boilers equipped with a traveling, shaker,  or vibrating grate, an emission limit of 0.33 lb. per 
million Btu, based on a 24-hour calendar day averag e; and  
 
 (b) For boilers equipped with a stationary grate, an emission limit of 0.25 lb. per million Btu, base d 
on a 24-hour calendar day average.  
 
PART Env-A 1306  STATIONARY COMBUSTION TURBINES   
 
 Env-A 1306.01  Applicability.  
 
 (a) All stationary combustion turbines meeting the applicability crite ria of Env-A 1301.02(e) and 
not used as load shaving units, shall be subject to Env-A 1306.02 and Env-A 1306.03 this part.  
 
 (b) Stationary C combustion turbines excluded from Env-A 1301.02(e) b ecause they are used as 
emergency generators shall be subject to Env-A 1311  in lieu of this part if they meet the applicabilit y 
criteria of Env-A 1301.02(j).  
 
 (c) All stationary C combustion turbines that meet the applicability criteria of Env-A 1301. 02(e) 
and are excluded from Env-A 1301.02(e) because they are use d as load shaving units shall be subject to 
Env-A 1313 in lieu of this part 1306.04 if they meet the applicability criteria of Env-A 13 01.02(l).  
 
        
 Env-A 1306.02  Emission Standards for Stationary Combustion Turbines Constructed After May 27, 
1999.  A gas-fired turbine constructed after May 27 , 1999 shall not exceed an hourly average NOx RACT 
emission limit of 25 ppmvd, corrected to 15% O 2, equivalent to 0.092 lb. per million Btu, when ope rating 
on gas.  
 
 Env-A 1306.03  Emission Standards for Stationary Combustion Turbines  Constructed on or Before 
May 27, 1999 .  A stationary combustion turbine that was constructed prior to May 27, 1999 is not subject 
to Env-A 1306.02 shall be limited at all times to t he applicable hourly average NOx RACT emission limi ts 
specified below:  
 
 (a) For combined and regenerative cycle combustion  turbines:  
 
(1) For gas-fired turbines without oil back-up, 42 ppmvd, corrected to 15% O2, or 0.155 lb. 
per million Btu;  
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     15 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
 (2) For gas-fired turbines with oil back-up, the mo re stringent of:  
 
a.  When operating on gas, 42 ppmvd, corrected to 1 5% O2, or 0.155 lb. per million Btu; or  
 
b.  When operating on oil, 65 ppmvd, corrected to 1 5% O2, or 0.253 lb. per million Btu; 
and  
 
(3)  For oil-fired turbines, 65 ppmvd, corrected to  15% O2, or 0.253 lb. per million Btu;  
 
 (b) For simple cycle combustion turbines:  
 
(1) For gas-fired turbines without oil back-up, 55 ppmvd, corrected to 15% O2, or 0.203 lb. 
per million Btu;  
 
(2) For oil-fired turbines, 75 ppmvd, corrected to 15% O2, or 0.292 lb. per million Btu; and  
 
(3) For gas-fired turbines with oil back-up:  
 
a.  When operating on gas, 55 ppmvd, corrected to 1 5% O2, or 0.203 lb. per million Btu; 
and  
 
b.  When operating on oil, 75 ppmvd, corrected to 1 5% O2, or 0.292 lb. per million Btu.  
 
 Env-A 1306.04  Emission Standards for Stationary C ombustion Turbines used as Load Shaving 
Units.  Stationary combustion turbines used as load  shaving units shall not exceed a NOx RACT 
emission limit of 0.90 lbs per million Btu heat inp ut based on an hourly average for any type of fuel.   
 
PART Env-A 1307  STATIONARY INTERNAL COMBUSTION ENG INES  
 
 Env-A 1307.01  Applicability.  
 
 (a) All stationary internal combustion engines mee ting the applicability criteria of Env-A 1301.02(f)  
and (l)  shall be subject to this part.  
 
 (b) Stationary internal combustion engines exclude d from Env-A 1301.02(f) because they are used 
as emergency generators shall be subject to Env-A 1 311 in lieu of this part if they meet the applicabi lity 
criteria of Env-A 1301.02(j).  
 
 (c)  Stationary internal combustion engines exclud ed from Env-A 1301.02(f) because they are used as 
load shaving units shall be subject to Env-A 1313 i n lieu of this part if they meet the applicability criteria of 
Env-A 1301.02(l).  
 
 Env-A 1307.02  Emission Standards for Stationary I nternal Combustion Engines  not Subject to New 
Source Performance Standards .  Stationary internal combustion engines that do not meet the applicability 
criteria of 40 CFR §60.4200 or §60.4230, shall not exceed be subject to the hourly average NOx RACT 
emission limits specified below:  
 
 (a) For gas-fired units: 
 
(1) That are rich burn stationary internal combustion engines, the standard shall be 1.5 grams 
per rated brake horsepower - hour (bhp-hr)  for gas-fired units; and 
 
(2) That are lean burn stationary internal combusti on engines, the standard shall be 2.5 
grams per brake horsepower per hour (bhp-hr);  
 
 (b) For lean burn internal combustion engines liquid fuel-fired units : 
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     16 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
 (1) For gas-fired units, 2.5 grams per bhp-hr Stationary internal combustion engines with a 
maximum engine power of greater than 560 KW or 750 hp, shall be 6.4 grams per kilowatt-
hour (kW-hr) ; and  
 
(2) For oil-fired units, 8.0 grams per bhp-hr, or 2 .44 lb. per million Btu Stationary internal 
combustion engines with a maximum engine power of l ess than or equal to 560 KW or 750 
hp, shall be 4.0 grams per kilowatt-hour (kW-hr) . 
 
 Env-A 1307.03 Emission Standards for Stationary Int ernal Combustion Engines subject to New 
Source Performance Standards.  Stationary internal combustion engines that meet the applicability 
criteria of 40 CFR §60.4200 or §60.4230, shall be subject to the following NOx RACT  emission limits:  
 
 (a) For stationary compression ignition internal c ombustion engines, compliance with the NOx 
emission standards for non-emergency engines in 40 CFR §60.4204 and 60.4206 shall constitute 
compliance with Env-A 1307; and  
 
 (b) For stationary spark ignition internal combust ion engines, compliance with the NOx emission 
standards listed for non-emergency engines in 40 CF R §60.4233 through §60.4234 shall constitute 
compliance with Env-A 1307.  
 
PART Env-A 1308  ASPHALT PLANT ROTARY DRYERS  
 
 Env-A 1308.01  Applicability.  Any asphalt plant r otary dryer meeting the applicability criteria of 
Env-A 1301.02(g) shall be subject to this part.  
 
 
 Env-A 1308.02  Definitions.  For the purpose of th is part, the following definitions shall apply:  
 
 (a) "Batch type asphalt plant" means an asphalt pl ant where equipment external to the rotary dryer 
is used to mix the aggregate and asphalt cement or other binder;  
 
 (b) "Drum mix type asphalt plant" means an asphalt  plant where the asphalt cement or other binder 
is added to the aggregate while the aggregate is in  the rotary dryer; and  
 
 (c) "Rotary dryer" means a cylinder which rotates about a fixed axis and through which hot gases 
are passed for the purpose of removing moisture fro m solid material.  
 
 Env-A 1308.03  Emission Standards for Asphalt Plan t Dryers.  Any asphalt plant rotary dryer, 
whether a batch type asphalt plant or a drum mix ty pe asphalt plant, shall not exceed an hourly averag e 
NOx RACT emission limit of 0.12 lb. per ton of asph alt produced, equivalent to 0.429 lb. per million B tu.  
 
PART Env-A 1309  INCINERATORS  
 
 Env-A 1309.01  Applicability.  
 
 (a) All incinerators meeting the applicability cri teria of Env-A 1301.02(h) shall be subject to the 
provisions of this part.  
 
 (b) Incinerators excluded from Env-A 1301.02(h) be cause they combust sewage sludge shall be 
subject to Env-A 1314 40 CFR 62, subpart LLL in lieu of this part if they meet the applicability  criteria of 
Env-A 1301.02(m l).  
 
 Env-A 1309.02  Emission Standards for Incinerators .   
 
 (a) Subject to (b), below, Aan incinerator shall not exceed a 24-hour calendar d ay average NOx 
RACT emission limit of 0.53 lb. per million Btu. 
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     17 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
  (b) Beginning one year after the effective date of this rule, an incinerator shall not exceed a 24-
hour calendar day average NO x RACT emission limit of 150 ppmvd at 7%, except dur ing periods of 
startup, during which an incinerator shall not exce ed a 24-hour calendar day average NOx RACT 
emission limit of 205 ppmvd at 7%.  
 
 (c) Startup periods shall not exceed 3 hours per o ccurrence. 
 
PART Env-A 1310  WALLBOARD MANUFACTURING FACILITIES  
 
 Env-A 1310.01  Applicability.  Any wallboard dryer , calcining mill, calciner, or gypsum rock dryer 
meeting the applicability criteria of Env-A 1301.02 (i) shall be subject to this part.  
 
 Env-A 1310.02  Emission Standards for Wallboard Ma nufacturing Facilities.  
 
 (a) Any wallboard dryer, calcining mill, calciner,  or gypsum rock dryer shall comply with the 
applicable NOx RACT requirements specified in Env-A  1310.03 and Env-A 1310.04.  
 
 (b) For purposes of Env-A 1310.03 and Env-A 1310.0 4, NOx RACT control technology shall be:  
 
(1) The installation, operation, and maintenance of  low NOx burners (LNB); or  
 
(2) The installation, operation, and maintenance of  air pollution control equipment or an air 
pollution control process having equivalent or grea ter NOx removal efficiency as LNB, as 
approved by the department and EPA as specified in Env-A 1316 1315 relative to NOx RACT 
orders.  
 
 Env-A 1310.03  Emission Standards for Wallboard Ma nufacturing Facilities Firing Natural Gas.  For 
wallboard dryers, calcining mills, calciners, and g ypsum rock dryers firing natural gas, the NOx RACT 
requirements shall be as follows:  
 
 (a) An emission limit of 0.10 lb. per million Btu,  based on an hourly average; or  
 
 (b) Implement NOx RACT control technology as speci fied in Env-A 1310.02(b).  
 
 Env-A 1310.04  Emission Standards for Wallboard Ma nufacturing Facilities Firing Oil.  For 
wallboard dryers, calcining mills, calciners, and g ypsum rock dryers firing fuel oil, the NOx RACT 
requirements shall be as follows:  
 
 (a) When firing #2 fuel oil:  
 
(1) An emission limit of 0.10 lb. per million Btu, based on an hourly average; or  
 
(2) Implement NOx RACT control technology as specif ied in Env-A 1310.02(b).  
 
 (b) When firing #4, #5, or #6 fuel oil:  
 
(1) An emission limit of 0.30 lb. per million Btu, based on a 24- hour calendar day average; or  
 
(2) Implement NOx RACT control technology as specif ied in Env-A 1310.02(b).  
 
PART Env-A 1311  EMERGENCY GENERATORS  – STATIONARY INTERNAL COMBUSTION 
ENGINES AND STATIONARY COMBUSTION TURBINES  
 
 Env-A 1311.01  Applicability.  Emergency generator s  meeting the applicability criteria of Env-A 
1301.02(j) shall be subject to this part.  
 
 Env-A 1311.02  Operating Hours: Limit, Consequence s of Exceeding Limit.  Text added to existing rules in bold italics   Initial Proposal     03-26-18     18 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
  
 (a) Each emergency generator subject to this part shall be limited to less than 500 hours of operatio n 
per year during any consecutive 12-month period by an enforceable permit issued by the department.  
 
 (b) If the hours of operation of any emergency gen erator exceed 500 hours for any consecutive 12-
month period, then:  
 
(1) The owner or operator of the emergency generato r shall notify the department in writing 
within 10 days of the exceedance; and  
 
(2) The emergency generator shall immediately becom e subject to the requirements of Env-A 
1306 or Env-A 1307, as applicable to the device typ e and fuel type.  
 
 Env-A 1311.03  Control Requirements for Stationary  Combustion Turbines.  The owner or operator 
of a stationary combustion turbine used as an emerg ency generator shall:  
 
 (a) Adjust the combustion process of the combustio n turbine, before April 1st of each year, in 
accordance with the following:  
 
(1) Inspect the burner, the flame pattern from the burner, and the systems which control the 
air-to-fuel ratio;  
 
(2) Adjust the air-to-fuel ratio in accordance with  the results of the inspections performed;  
 
(3) Determine the effect of the adjustment upon NOx  emissions;  
 
(4) Re-adjust the air-to-fuel ratio based on result s of the previous adjustment performed to 
minimize total NOx emissions; and  
 
(5) Confirm that NOx emissions from the equipment o r source operation do not cause an 
exceedance of any maximum allowable emission rate f or NOx or any other state and federally 
regulated air pollutant, or any opacity standard sp ecified in Env-A 2000;  
 
 (b) Maintain, in a format that can be retained una ltered for the time period specified in Env-A 902, 
the following information:  
 
(1) The date on which the combustion process was la st adjusted;  
 
(2) The name, title, and affiliation of the individ ual who made the adjustments;  
 
(3) The NOx emission concentration, in ppmvd, corre cted to 15% oxygen, after the 
adjustments are made;  
 
(4) The CO emission concentration, in ppmvd, correc ted to 15% oxygen, after the adjustments 
are made;  
 
(5) The opacity readings; and  
 
(6) Any other information required by Env-A 903 or Env-A 905;  
 
 (c) Install, operate, and maintain an elapsed time  meter for each engine emergency generator to 
indicate, in cumulative hours, the elapsed engine o perating time for the previous 12 months; and  
 
 (d) Determine the hours of operation for each engi ne emergency generator for the previous 12-
month period on a monthly basis.  
 
 Env-A 1311.04  Control Requirements for Stationary  Internal Combustion Engines Having Manual 
Adjustment Capabilities.  The owner or operator of a stationary internal combustion engine that is use d as 
an emergency generator and that allows for manual a djustment of the air-to-fuel ratio or ignition timi ng in 
order to affect the combustion process, shall:  Text added to existing rules in bold italics   Initial Proposal     03-26-18     19 
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 (a) Set and maintain the ignition timing of the en gine 4 degrees retarded relative to standard timing , 
provided that the ignition timing shall not be reta rded beyond the point that:  
 
(1) The CO emission concentration increases beyond 100 ppmvd, corrected to 15% oxygen;  
 
(2) The turbocharger speed is increased beyond the maximum operating speed recommended 
by the manufacturer;  
 
(3) The exhaust port temperature increases beyond t he manufacturer's recommended 
maximum operating temperature; or  
 
(4) The opacity of the emissions from the engine ex haust is equal to or greater than 20% 
opacity;  
 
 (b) Install, operate, and maintain an elapsed time  meter for each engine to indicate, in cumulative 
hours, the elapsed engine operating time for the pr evious 12 months;  
 
 (c) Determine the hours of operation for each engi ne for the previous 12-month period on a monthly 
basis; and  
 
 (d) Maintain records to certify that the ignition timing of the engine has been inspected and adjuste d 
at least once every 3 years.  
 
 Env-A 1311.05  Control Requirements and Emission L imits for Stationary Internal Combustion 
Turbines Engines Not Having Manual Adjustment Capabilities.  The own er or operator of a stationary 
internal combustion engine that is used as an emerg ency generator  and that does not allow for manual 
adjustment of the air-to-fuel ratio or ignition tim ing in order to affect the combustion process, shal l:  
 
 (a) Install, operate, and maintain an elapsed time  meter for each engine to indicate, in cumulative 
hours, the elapsed engine operating time for the pr evious 12 months;  
 
 (b) Determine the hours of operation for each engi ne for the previous 12-month period on a monthly 
basis;  
 
 (c) Operate the generator engine in conformance with the generator engine manufacturer’s 
instructions, such as following maintenance and ope rating requirements to help minimize emissions; and  
 
 (d) Engines subject to 40 CFR Part 60 shall mainta in the generator engine manufacturer’s 
instructions at the facility so that they are avail able for review.  
 
 Env-A 1311.06  Calculating Emissions.  The emissio ns from emergency generators shall be included 
in the calculation of both the actual and theoretic al potential emissions from a stationary source.  
 
PART  Env-A 1312  AUXILIARY BOILERS  
 
 Env-A 1312.01  Applicability.  An auxiliary boiler  meeting the applicability criteria of Env-A 
1301.02(k) shall be subject to this part.  
 
 Env-A 1312.02  Emission Standards for Auxiliary Bo ilers.  
 
 (a) An auxiliary boiler with a heat input rate of at least 5 million Btu per hour but less than 50 
million Btu per hour shall comply with Env-A 1305.0 2 and Env-A 1305.03.  
 
 (b) An auxiliary boiler with a heat input rate of at least 50 million Btu per hour, shall not exceed a 
NOx RACT emission limit of 0.20 lb. per million Btu  based on a 24-hour calendar day average, regardles s 
of the type of fuel burned.  Text added to existing rules in bold italics   Initial Proposal     03-26-18     20 
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Explanatory comments in {bracketed blue italics}  
 
  
 Env-A 1312.03  Calculating Emissions.  The emissio ns from all auxiliary boilers shall be included in 
the calculation of both the actual and theoretical potential emissions from the stationary source.  
 
PART Env-A 1313  LOAD SHAVING UNITS  
 Env-A 1313.01  Applicability.  
 (a) All load shaving units meeting the applicabili ty criteria of Env-A 1301.02(l) shall be subject to  
this part.  
 (b) If the actual NOx emissions from any load shav ing unit exceed 50 tons during any consecutive 
12-month period, the load shaving unit shall immedi ately become subject to the requirements of Env-A 
1306 or Env-A 1307, as applicable to the device typ e and fuel type.  
 Env-A 1313.02  Emission Standards for Load Shaving  Units.  
 (a) Stationary combustion turbines used as load sh aving units shall not exceed a NOx RACT 
emission limit of 0.90 lb. per million Btu heat inp ut based on an hourly average for any type of fuel.  
 (b) Stationary internal combustion engines used as  load shaving units shall not exceed the 
applicable hourly average NOx RACT emission limits specified below:  
(1) For rich burn internal combustion engines, 2.0 grams per bhp-hr for gas-fired units; and  
(2) For lean burn internal combustion engines:  
a.  For gas-fired units, 3.0 grams per bhp-hr; and  
b.  For oil-fired units, 9.0 grams per bhp-hr, or 2 .74 lb. per million Btu.  
 Env-A 1313.03  Calculating Emissions.  The emissio ns from all load shaving units shall be included 
in the calculation of both the actual and theoretic al potential emissions from the stationary source.  
 
PART Env-A 1314 13   MISCELLANEOUS STATIONARY SOURCES  
 
 Env-A 1314 13 .01  Emission Standards and Control Options for Mis cellaneous Stationary Sources.  
Owners or operators of any miscellaneous stationary  sources meeting the applicability criteria of Env- A 
1301.02(m l) shall:  
 
 (a) Initiate and implement a study of RACT control  options, consisting of a detailed examination of 
technological and economic feasibility of available  NOx control techniques for all classifiable and 
unclassifiable NOx-emitting sources, devices, or pr ocesses; and  
 
 (b) Apply for and obtain from the department a RAC T order in accordance with Env-A 1316 1315 . 
 
PART Env-A 1315 14   RACT COMPLIANCE  
 
 Env-A 1315 14 .01  Testing, Recordkeeping, and Recording for NOx RACT Compliance.  
 
 (a) Stationary sources subject to this chapter sha ll comply with the testing requirements specified i n 
Env-A 800.  
 
 (b) Except when a source is subject to (d) or (e),  below, compliance with the NOx RACT emission 
standards specified in this chapter shall be determ ined:  
 
(1) In accordance with Env-A 803; or  
 
(2) By a CEM system for NOx, if a CEM system is req uired by a permit issued pursuant to 
Env-A 600 or by Env-A 1315 14 . 02.   
 
 (c) Except when purchasing NOx allowances pursuant  to Env-A 3100,  recordkeeping and reporting 
shall be in accordance with Env-A 900.   
 
 (d) The owner or operator of a source subject to E nv-A 2900, Multiple Pollutant Annual Budget 
Trading and Banking Program, shall comply with the testing and monitoring requirements specified in En v-Text added to existing rules in bold italics   Initial Proposal     03-26-18     21 
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Explanatory comments in {bracketed blue italics}  
 
 A 800 and in Env-A 2900 and the recordkeeping and r eporting requirements of Env-A 900 and Env-A 
2900.  In the event of a conflict between Env-A 290 0 and Env-A 800 or Env-A 900, the requirements of 
Env-A 2900 shall apply.  
 
 (e) The owner or operator of a source subject to E nv-A 3200, NOx Budget Trading Program, shall 
comply with the testing and monitoring requirements  specified in Env-A 800 and in Env-A 3200 and the 
recordkeeping and reporting requirements of Env-A 9 00 and Env-A 3200.  In the event of a conflict 
between Env-A 3200 and Env-A 800 or Env-A 900, the requirements of Env-A 3200 shall apply. 
 
 (f) Unless otherwise specified by the department in  a permit or order, for a source that operates a 
CEM system that satisfies the requirements of Env-A  800, compliance with the emission limitations in 
this part shall be determined based on a 24-hour ca lendar day average.  
 
 Env-A 1315 14 .02  CEM Requirements for NOx.  The department shal l require installation, operation, 
maintenance, and quality assurance testing of a CEM  system for NOx which meets all applicable 
requirements specified in Env-A 800 if any of the f ollowing conditions exist:  
 
 (a) A source uses air pollution control equipment in order to maintain compliance with a NOx 
emission limit, and continuous emission monitoring is necessary to ensure that the emission limit is n ot 
exceeded and that the control equipment is performi ng correctly;  
 
 (b) A stationary source is otherwise subject to th e CEM provisions of Env-A 800;  
 
 (c) A stationary source or device generates emissi ons credits for the purpose of emission averaging 
pursuant to Env-A 1315 14 .04; or  
 
 (d) A stationary source or device uses seasonal em ission control techniques, in accordance with 
Env-A 1315 14 .06, in order to comply with NOx RACT.  
 
 Env-A 1315 14 .03  Alternatives to Meeting Specified RACT Emissio n Limits.  
 
 (a) Compliance with the NOx RACT emission limits s pecified in this chapter may be achieved 
through the purchase of NOx allowances that are con verted to and used as discrete emission reductions 
(DERs) in accordance with Env-A 3100.  
 
 (b) NOx RACT emission limits other than those spec ified in Env-A 1303 through Env-A 1313 1312 
shall be allowable as an alternative to the specifi ed limits for all NOx emitting processes and device s 
regulated under this chapter, except for wet-bottom  cyclone fired utility boilers subject to the NOx R ACT 
requirements specified in Env-A1303.05.  
 
 (c) To obtain alternative NOx RACT emission limits  for a source, the owner or operator of the 
source shall request a NOx RACT order from the depa rtment in accordance with Env-A 1316 1315 . 
 
 Env-A 1315 14 .04  Emissions Averaging for Multiple Sources Under  Common Ownership.  
 
 (a) For the purposes of this section, "bubble" mea ns an option taken by the owner of 2 or more 
stationary sources to use emissions averaging so as  to impose controls that are more stringent than RA CT 
level on one or more emissions units at one or more  of the owner’s stationary sources while simultaneo usly 
imposing controls that are less stringent than RACT  level on other emissions units at the same or othe r of 
the owner’s stationary sources, including the optio n of no controls on such units, in order to achieve  the 
same overall amount of emission reduction required by the SIP in a more cost effective manner.  
 
 (b) Emissions averaging shall be allowed for NOx e missions from 2 or more stationary sources only 
if all of the requirements of this section are met.  
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     22 
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Explanatory comments in {bracketed blue italics}  
 
  (c) All of the stationary sources to be included i n the emissions averaging shall be:  
 
(1) Located in New Hampshire; and  
 
(2) Under the control of a single owner.  
 
 (d) Emissions averaging, including identifying all owable emission averaging periods, shall be done 
in accordance with EPA's emissions trading policy, as described at 51 FR 43814 and 51 FR 43850.  
 
 (e) Emission reduction credits generated for the p urpose of emission averaging shall:  
 
(1) Be real, surplus, permanent, quantifiable, fede rally-enforceable, and transferable within the 
bubble within a given calendar year; and  
 
(2) Conform to 40 CFR 51.165, as revised June 28, 1 989, RSA 125-J, Env-A 3000, and Env-A 
3100.  
 
 (f) Emissions averaging shall be enforced by means  of federally-enforceable conditions contained 
in the permits for the stationary sources issued by  the department as a source-specific SIP revision, or by 
federally-enforceable permits issued by the departm ent or EPA, for all stationary sources to be includ ed in 
the averaging.  
 
 (g) The recordkeeping and reporting requirements f or emission averaging shall:  
 
(1) Be in accordance with Env-A 900; and  
 
(2) Include a summary of the emissions, emissions r eduction credit transfers, applicable 
transfer ratios, and adjusted emissions, after tran sfer, of each affected stationary source.  
 
 (h) Each stationary source to be included in the e missions averaging shall calculate the total 
allowable NOx emissions using the equation specifie d in Env-A 1315 14 .05 for each 24-hour calendar day.  
Compliance with the NOx RACT weighted average allow able emission rate so calculated shall be based on 
the weighted average actual NOx emissions from the emissions unit(s) that are operating on a given day .  
 
 (i) Emission reduction credits generated from redu ctions at any stationary source included in 
emissions averaging may be used for compliance with  the total allowable NOx emissions calculated 
pursuant to (h), above, by any other stationary sou rce(s) within the bubble.  
  
 (j) The owner or operator of each stationary sourc e to be included in the emissions averaging shall:  
 
(1) Calculate daily emissions:  
 
a.  For those emissions units generating credits fo r the purpose of emissions averaging, 
based on the installation of CEMs in accordance wit h Env-A 1315 14 .02; or  
 
b.  For those emissions units for which CEMs are no t required under Env-A 1315 14 .02, 
based on:  
 
1.  The worst case emission rate(s) for the device( s) or source(s) established through 
stack testing performed in accordance with Env-A 80 0 and approved by EPA; and  
 
2.  The hours of operation measured in accordance w ith a method approved by EPA; 
and  
 
(2) Comply with the recordkeeping and reporting req uirements specified in Env-A 900.  
 
 Env-A 1315 16 .05  Emissions Averaging Equation.  
 
 (a) "E" means the total allowable emissions from a ll stationary sources included in the emissions 
averaging, in pounds per day.  Text added to existing rules in bold italics   Initial Proposal     03-26-18     23 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
  
 (b) "A1, A2, ..., An” means the applicable emissio n limit for each unit of production, such as 
lb/MMBtu, as specified in this chapter.  
 
 (c) "B1, B2, ..., Bn” means the maximum number of units of production per day, such as 
MMBtu/day, based on the maximum gross heat input ra te of each emissions unit included in the emissions  
averaging.  
 
 (d) To calculate the total allowable emissions fro m all stationary sources included in the emissions 
averaging in pounds per day, the owner or operator shall multiply A1 times B1, A2 times B2, and so for th, 
and then sum the products, as in the formula below:  
 
E = (A1 x B1) + (A2 x B2) + ... + (An x Bn)  
 
 Env-A 1315 14 .06  Seasonal Control of NOx Emissions.  
 
 (a) A stationary source that is subject to this ch apter may use seasonal emission control techniques 
in order to comply with NOx RACT, as specified in ( b) through (f), below.  
 
 (b) Any stationary source using post-combustion NO x air pollution control equipment to comply 
with NOx RACT during the ozone season shall continu e to operate said equipment during the remainder of  
the calendar year.  
 
 (c) The allowable annual NOx mass emission rate, i n tons per year, shall be less than or equal to the  
annual NOx mass emission rate that would be calcula ted by multiplying the actual annual production rat e, 
for example Btu per year, by the applicable emissio n limit, for example lbs. NOx per million Btu, as 
specified in Env-A 1303 through Env-A 1313 1312 for all emissions units and fuels in use prior to 
December 31, 1990.  
 
 (d) Annual NOx emissions limits shall be based on the lower of the actual or allowable NOx 
emissions for calendar year 1990, unless NOx emissi ons and operational data submitted by the owner or 
operator, and approved by the department in accorda nce with (e), below, demonstrate that NOx emissions  
from the source for calendar year 1990 are not repr esentative of normal operations.  In no case shall NOx 
emissions data for years prior to calendar year 198 9 be used to represent normal operations for the pu rpose 
of emissions averaging.   
 
 (e) The department shall use EPA-approved methods and procedures as specified in 40 CFR 
§51.165 for determining whether the NOx and operati onal data submitted by the owner or operator is 
adequate to demonstrate that NOx emissions for cale ndar year 1990 are not representative of normal 
operations.  
 
 (f) Emissions averaging to meet NOx RACT requireme nts on a seasonal basis shall be allowable in 
accordance with the following requirements:  
 
(1) A 24-hour calendar day average NOx mass emissio n limit shall be established for the 
ozone season based on the applicable limit specifie d in Env-A 1303 through Env-A 1313 1312 
for all emissions units and fuels in use prior to D ecember 31, 1992;  
 
(2) A 24-hour calendar day average NOx mass emissio n limit shall be established for the 
remainder of the year based on the uncontrolled emi ssion rate of the emissions unit determined 
by CEM data or stack test data;  
 
(3) An allowable average annual NOx mass  emission limit shall be established in accordance 
with (c), above;  
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 (4) The sum of the NOx mass emissions during the oz one season and the NOx mass emissions 
during the remainder of the calendar year shall be less than or equal to the lesser of the annual 
NOx mass emissions that would have been allowed und er Env-A 1303 through Env-A 1313 
1312 
or the annual NOx mass emissions otherwise allowed under Env-A 611, Env-A 618, Env-A 619, 
Env-A 1314 1313 , Env-A 1315 14 .03, Env-A 1315 14 .04, Env-A 2900 through Env-A 3300, Env-
A 3500, Env-A 3700, and Env-A 4300;  
 
(5) Emissions from replacement power sources shall be calculated by multiplying the actual 
production rate for the device, for example Btu per  hour, by the allowable NOx mass emission 
rate for the device, for example lb. NOx per millio n Btu;  
 
(6) For multiple sources under common ownership usi ng the bubble specified in Env-A 
1315 14 .04, the applicable emission limit for each unit of  production referred to in the formula in 
Env-A 1315 14 .05 shall be established in accordance with the app licable provisions of this part; 
and  
 
(7) All stationary sources using seasonal controls shall:  
 
a.  Install CEMs to the extent required by Env-A 13 15 14 .02 and Env-A 800;  
 
b.  Calculate daily emissions in accordance with En v-A 1315 14 .02 and Env-A 800;  
 
c.  Calculate annual emissions in accordance with t his part ; and  
 
d.  Comply with the applicable recordkeeping and re porting requirements specified in Env-
A 900.  
 
PART Env-A 1316  1315   NOx RACT ORDERS  
 
 Env-A 1316 15 .01  Definitions.  For the purpose of this part, th e following definitions shall apply:  
 
 (a) "Determination of insufficiency" means a writt en determination by the department that the 
documentation submitted by an applicant pursuant to  Env-A 1316 15 .02(a), is inadequate for the 
department to issue a NOx RACT order; and  
 
 (b) “Determination of sufficiency" means a written  determination by the department that the 
documentation submitted by an applicant pursuant to  Env-A 1316 15 .02(a), is adequate for the department 
to issue a NOx RACT order.  
 
 Env-A 1316 15 .02  Requests for NOx RACT Orders; Initial Determin ations Regarding Sufficiency.  
 
 (a) To request a NOx RACT order, the owner or oper ator of any miscellaneous stationary source 
subject to the provisions of Env-A 1314 1313 or any source, device or process seeking alternativ e RACT 
emission limits pursuant to Env-A 1315 14 .03 shall submit the information, including a feasi bility study, as 
specified in Env-A 1316 15 .04 to the department within 120 days of the date w hen the source becomes 
subject to this chapter.  
 
 (b) Within 60 days of receipt of information submi tted pursuant to (a), above, the department shall 
review all information submitted and notify the per son requesting the alternative emissions limits 
(requestor) in writing of its initial determination  of sufficiency or initial determination of insuffi ciency.  
 
 (c) If the department makes an initial determinati on of insufficiency, the notice sent pursuant to (b ), 
above, shall include:  
 
(1) A request for the additional information that i s necessary for the department to make a 
determination of sufficiency; and  Text added to existing rules in bold italics   Initial Proposal     03-26-18     25 
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Explanatory comments in {bracketed blue italics}  
 
  
(2) A statement that if a complete response to the request for additional information is not 
received by the department within 60 days of the da te of the notice sent pursuant to (b), above, a 
final determination of insufficiency will be made.  
 
 Env-A 1316 15 .03  Final Determinations Regarding Sufficiency; Pr oposed NOx RACT Orders.  
 
 (a) If an initial determination of sufficiency is made, then within 60 days of the initial determinat ion 
of sufficiency the department shall:  
 
(1) Make a final determination of sufficiency and p resent to EPA and the requestor a proposed 
RACT order that contains the information specified in (c), below; and  
 
(2) Proceed as specified in Env-A 1316 15 .05 relative to public notice.  
 
 (b) If an initial determination of insufficiency i s made, then within 60 days of the initial 
determination of insufficiency the department shall :  
 
(1) If the requestor files a response within the sp ecified time period which contains 
information that is sufficient to allow a determina tion of sufficiency to be made, make a final 
determination of sufficiency and:  
 
a.  Present to EPA and the requestor a proposed NOx  RACT order that contains the 
information specified in (c), below; and  
 
b.  Proceed as specified in Env-A 1316 15 .05 relative to public notice; or  
 
(2) If the requestor does not file a response withi n the specified time period which contains 
information that is sufficient to allow a determina tion of sufficiency to be made, terminate the 
permit process and issue a final determination of i nsufficiency.  
 
 (c) A proposed NOx RACT order issued pursuant to ( a)(1) or (b)(1) shall contain the following:  
 
(1) An inventory of all NOx-emitting sources, devic es, or processes;  
 
(2) Emission limits for all NOx-emitting sources, d evices, or processes;  
 
(3) A schedule requiring compliance with the RACT e mission limits that contains the elements 
described in Env-A 1316 15 .04(g);  
 
(4) Procedures for determining initial compliance w ith the emission limits;  
 
(5) Procedures for assessing continuous compliance with the emission limits; and  
 
(6) Recordkeeping and reporting requirements in acc ordance with the provisions of Env-A 
900.  
 
 Env-A 1316 15 .04  Information Required for NOx RACT Order Reques t.  The information required 
by Env-A 1316 15 .02(a) shall be as follows:  
 
 (a) An inventory of all NOx-emitting sources, devi ces, or processes at the facility;  
 
 (b) The maximum NOx-emitting capacity of each NOx- emitting source, device, or process;  
 
 (c) The actual amount of NOx emitted based on heat  input, fuel consumption, or equivalent method 
acceptable to the department, for each day during t he previous calendar year, from each affected NOx-
emitting source, device or process at the facility;  
 
 (d) A feasibility study of RACT options, comprisin g:  
 Text added to existing rules in bold italics   Initial Proposal     03-26-18     26 
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 (1) Identification of all available NOx control tec hniques and other options for all applicable 
NOx emitting sources, devices, or processes for whi ch alternative RACT emission limits are 
sought, including but not limited to using ERCs or DERs, changing to low-NOx emitting 
processes, and, for utility boilers, the following:  
 
a.  Low-NOx burners;  
 
b.  Overfire air;  
 
c.  Flue gas recirculation;  
 
d.  Natural gas reburn;  
 
e.  Burners out of service;  
 
f.  Use of alternative fuels;  
 
g.  Selective catalytic reduction (SCR); and  
 
h.  Selective non-catalytic reduction (SNCR); and  
 
(2) An examination of the technical and economical feasibility of each option identified;  
 
 (e) The control option selected, stating emission limits, monitoring, recordkeeping and reporting 
procedures, and test methods to demonstrate complia nce;  
 
 (f) The amount of NOx that is proposed to be contr olled from each NOx-emitting source, device or 
process identified in the inventory required by (a) , above; and  
 
 (g) A schedule for implementation, which identifie s the commitment dates for the major increments 
of progress toward compliance, including:  
 
(1) Completion of engineering;  
 
(2) Submission of air pollution permit application;  
 
(3) Awarding of contract;  
 
(4) Initiation of construction;  
 
(5) Completion of construction;  
 
(6) Initial compliance testing;  
 
(7) Submission of compliance tests reports; and  
 
(8) Final compliance with emission or control requi rements of this chapter.  
 
 Env-A 1316 15 .05  Public Notice; Opportunity for Comment.  
 
 (a) Within 30 days of issuing a proposed NOx RACT order, the department shall cause a public 
notice of the proposed NOx RACT order to be publish ed once in a newspaper of daily statewide circulati on 
and once in a newspaper in the general locality of the source for which the alternative NOx compliance  is 
being sought.  
 
 (b) The notice published pursuant to (a), above, s hall:  
 
(1) Briefly describe the proposed NOx RACT order;  
 
(2) Offer the opportunity for a hearing;  
 
(3) State where the full proposal is available for inspection, including whether the proposal can 
be accessed electronically;  
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 (4) Identify the name and contact information for t he individual at the department to whom a 
request for a hearing and written comments should b e directed; and  
 
(5) Specify that comments are due to the department  within 30 days of publication of the 
notice or 10 days after the public hearing, if one is requested.  
 
 (c) If a public hearing on the proposal is request ed, the department shall:  
 
(1) At least 30 days prior to conducting the hearin g, publish a notice in a newspaper of daily 
statewide circulation, stating the place, date, and  time of the hearing;  
 
(2) Conduct the hearing on the proposed NOx RACT or der as specified in the published notice 
in accordance with the non-adjudicative hearing pro cedures specified in Env-C 200; and  
 
(3) Accept written comments on the proposal until 1 0 days after the public hearing.  
 
 Env-A 1316 15 .06  Issuance of NOx RACT Order.  
 
 (a) After considering all public comment received and within 60 days of the date of the public 
hearing on the proposed NOx RACT order, the departm ent shall issue a final NOx RACT order to the 
owner or operator of the affected source, device, o r process.  
 
 (b) Within 60 days of the issuance of a final NOx RACT order, the department shall submit to EPA 
a revision to the State Implementation Plan (SIP) t o reflect the NOx RACT order.  
 
 (c) Upon issuance of the final NOx RACT order, the  department shall issue a permit to the owner or 
operator of the affected source, device, or process  which incorporates all of the terms and conditions  of the 
final NOx RACT order.  
 
 (d) The owner or operator of any source, device, o r process for which a final NOx RACT order has 
been issued shall comply with all of the terms and conditions of the final NOx RACT order immediately 
upon the issuance of such order by the department.  
 
 
APPENDIX A 
 
Rule Section(s) State Statute(s) Implemented Federa l Statute(s) Implemented 
Env-A 1300  RSA 125-C:46, II and XI  42 U.S.C. §§ 7410, 7502(c) & 7511c  
 
APPENDIX B:   FEDERAL DEFINITIONS  
40 CFR 60, subpart IIII: 
All terms that are used in this subpart and are not  defined below are given the same meaning as in the  Act 
and in subpart A of this part. 
 
Section 60.4219: 
“Spark ignition” means relating to a gasoline, natu ral gas, or liquefied petroleum gas fueled engine o r any 
other type of engine with a spark plug (or other sp arking device) and with operating characteristics 
significantly similar to the theoretical Otto combu stion cycle. Spark ignition engines usually use a t hrottle 
to regulate intake air flow to control power during  normal operation. Dual-fuel engines in which a liq uid 
fuel (typically diesel fuel) is used for compressio n ignition and gaseous fuel (typically natural gas)  is used 
as the primary fuel at an annual average ratio of l ess than 2 parts diesel fuel to 100 parts total fue l on an 
energy equivalent basis are spark ignition engines.  
“Stationary internal combustion engine” means any i nternal combustion engine (ICE), except combustion 
turbines, that converts heat energy into mechanical  work and is not mobile. Stationary ICE differ from  Text added to existing rules in bold italics   Initial Proposal     03-26-18     28 
Text deleted from existing rules shown struck throu gh 
Explanatory comments in {bracketed blue italics}  
 
 mobile ICE in that a stationary internal combustion  engine is not a nonroad engine as defined at 40 CF R 
1068.30 (excluding paragraph (2)(ii) of that defini tion), and is not used to propel a motor vehicle, a ircraft, 
or a vehicle used solely for competition. Stationar y ICE include reciprocating ICE, rotary ICE, and ot her 
ICE, except combustion turbines. 
 
40 CFR 60, subpart JJJJ: 
Section 60.4248: 
“Lean burn engine” means any two-stroke or four-str oke spark ignited engine that does not meet the 
definition of a rich burn engine. 
“Rich burn engine” means any four-stroke spark igni ted engine where the manufacturer's recommended 
operating air/fuel ratio divided by the stoichiomet ric air/fuel ratio at full load conditions is less than or 
equal to 1.1. Engines originally manufactured as ri ch burn engines, but modified prior to June 12, 200 6, 
with passive emission control technology for NOX (s uch as pre-combustion chambers) will be considered 
lean burn engines. Also, existing engines where the re are no manufacturer's recommendations regarding 
air/fuel ratio will be considered a rich burn engin e if the excess oxygen content of the exhaust at fu ll load 
conditions is less than or equal to 2 percent. 
 
40 CFR 63, subpart JJJJJJ: 
Section 63.11237: 
“Temporary boiler” means any gaseous or liquid fuel  boiler that is designed to, and is capable of, bei ng 
carried or moved from one location to another by me ans of, for example, wheels, skids, carrying handle s, 
dollies, trailers, or platforms. A boiler is not a temporary boiler if any one of the following condit ions 
exists:  
(1) The equipment is attached to a foundation.  
(2) The boiler or a replacement remains at a locati on within the facility and performs the same or sim ilar 
function for more than 12 consecutive months, unles s the regulatory agency approves an extension. An 
extension may be granted by the regulating agency u pon petition by the owner or operator of a unit 
specifying the basis for such a request. Any tempor ary boiler that replaces a temporary boiler at a lo cation 
within the facility and performs the same or simila r function will be included in calculating the cons ecutive 
time period unless there is a gap in operation of 1 2 months or more.  
(3) The equipment is located at a seasonal facility  and operates during the full annual operating peri od of 
the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for  at least 3 
months each year.  
(4) The equipment is moved from one location to ano ther within the facility but continues to perform t he 
same or similar function and serve the same electri city, steam, and/or hot water system in an attempt to 
circumvent the residence time requirements of this definition. 
 
APPENDIX C:   INCORPORATION BY REFERENCE INFORMATION  
 
Rule Title (Date) Source 
Env-A 1302.08 ASTM D388, Standard 
Classification of Coals by Rank ASTM International 
100 Barr Harbor Drive, PO Box C700 
West Conshohocken, PA, 19428-2959 
 
Purchase for $46 at: 
 
https://www.astm.org/Standards/D388.htm