2018-68     Adopted to be effective  08-15-18     1 
 
 Effective August 15, 2018, Env-A 1300 reads as foll ows: 
 
CHAPTER Env-A 1300  NITROGEN OXIDES (NOx) REASONABL Y AVAILABLE CONTROL 
TECHNOLOGY (RACT)  
 
Statutory Authority:  RSA 125-C:4  
 
PART Env-A 1301  PURPOSE, 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 Clean Air A ct (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  British Thermal units (Btu) per hour at any time af ter 
December 31, 1989 and the permitting applicability levels specified in Env-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 s tationary combustion turbines used as emergency 
generators, shall be subject to the requirements of  Env-A 1306, if the combined theoretical potential emissions 
from all devices and processes located at the stati onary source exceed 50 tons per calendar year of NO x at any 
time after December 31, 1989 and the permitting app licability 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 theoreti cal 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 
any time after December 31, 1989 and the permitting  applicability levels specified in 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:    2018-68     Adopted to be effective  08-15-18     2 
 
  
(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) 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 1313, except for NOx-emitti ng 
devices that have implemented Best Available Contro l 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 (k), above, shall be subjec t to the requirements of the applicable parts.  
 
 (m) Any stationary source having combined theoreti cal 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 compliance w ith the emission limit or operating 
conditions specified in a:  
 
a.  Permit issued by the department or by EPA; 
 
b.  Consent decree entered into with the department  or EPA; or  
 
c.  Court order.  
 
 (n) Once a stationary source becomes subject to th e requirements 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 ( l), above.  
 
 (o) If a stationary source fails to comply with th e emission limit or operating conditions of a permi t 
or consent decree, or court order referred to in (m ), above, the source shall immediately become subje ct to 
the applicable requirements of this chapter. 
 
 Env-A 1301.03  Exemptions.  The following sources shall be exempt from this chapter:  
 
 (a) Any stationary source having combined theoreti cal potential emissions of less than 50 tons of 
NOx during any consecutive 12-month period since Ja nuary 1, 1989; 
 
 (b) Temporary boilers that have theoretical potent ial emissions of less than 50 tons of NOx during 
any consecutive 12-month period; 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 chemica l in the same chemical system.    2018-68     Adopted to be effective  08-15-18     3 
 
  
 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.  The term does not inc lude 
emergency generators or 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, or gaseous 
substances, or any combination thereof.  
 
 Env-A 1302.06  “Classifiable process or device” me ans any process or device that emits NOx and is 
included in one of the categories listed in Env-A 1 301.02(b) through (k), but is not subject to the 
requirements of Env-A 1303 through Env-A 1312 becau se such process or device falls below the 
applicability threshold.  
 
 Env-A 1302.07  “Coal” means all solid fuels classi fied as anthracite, bituminous, lignite, or 
subbituminous according to the ASTM Standard Classi fication of Coals by Rank, ASTM D 388, 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  “Cogeneration facility” means a fac ility that generates steam for the purpose of suppl ying 
heat or energy to a manufacturing process in the ho st facility, and power for sale to an electric util ity.  
 
 Env-A 1302.09  “Coke” means a fused, cellular, por ous structure that remains after free moisture and 
the major portion of the volatile materials have be en distilled from bituminous coal and other carbona ceous 
material by the application of heat in the absence of air or in the presence of a limited supply of ai r.  
 
 Env-A 1302.10  “Combined cycle combustion turbine”  means any stationary gas or oil-fired turbine 
which recovers heat from the turbine exhaust gases to heat water or generate steam.  
 
 Env-A 1302.11  “Commercial fuel” means solid, liqu id, or gaseous fuel normally produced or 
manufactured, and sold for the purpose of creating useful heat or mechanical energy. 
 
 Env-A 1302.12 “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 1302.13  “Cyclone firing” means a fuel-firin g process using one or more horizontal cylinders 
to burn fuel under conditions of high rates of heat  release, low rates of heat absorption by the cylin der 
walls, with centrifugal action imparted to the fuel  particles by air entering the cylinder.  The combu stion 
gases exiting from the cylinders turn 90 degrees to  go up through the boiler.  The horizontal cylinder s are 
attached to the bottom of the furnace with one or m ore of the cylinders arranged on one furnace wall o r on 
2 opposed furnace walls.  
 
 Env-A 1302.14  “Dry bottom” means the boiler has a  furnace bottom temperature below the ash 
melting point, and the bottom ash is removed as a s olid.  
 
 Env-A 1302.15  “Electric generating utility” means  a utility which is regulated by the public utiliti es 
commission and which generates electricity for sale .  
 
 Env-A 1302.16  “Emergency generator” means “emerge ncy generator” as defined in Env-A 101.    2018-68     Adopted to be effective  08-15-18     4 
 
  
 Env-A 1302.17  “Emergency” means an unforeseeable condition 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 ord er 
to enable the owner or operator to repair damage fr om fire, flood, or any other catastrophic event, na tural 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 1302.18  “Face firing” means a furnace firin g design in which 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 1302.19  “Fuel-bound nitrogen” means the nit rogen content, in weight fraction, of the fuel.  
 
 Env-A 1302.20  “Gas or gaseous fuel” means natural  gas, liquid petroleum gas, or gaseous substances 
produced synthetically from coal or oil, or derived  from the decomposition of organic matter, or deriv ed as a 
by-product of a manufacturing process, and which ca n be used to create useful heat or mechanical energ y, or 
a combination thereof.  
 
 Env-A 1302.21  “Industrial boiler” means a steam g enerating unit that generates steam to supply 
power or heat or both to an industrial, institution al, or commercial operation, excluding boilers used  by 
electric utilities, small power producers, and coge nerators to generate electricity.  
 
 Env-A 1302.22  “Internal combustion engine” means any engine in which power, produced by heat or 
pressure or both, is developed in the engine cylind er(s) by burning a mixture of air and fuel and is 
subsequently converted to mechanical work by means of one or more pistons.  
 
 Env-A 1302.23  “Lean burn engine” means “lean burn  engine” as defined in 40 CFR 60, Subpart JJJJ, 
as reprinted in Appendix B.  
 
 Env-A 1302.24  “Limited at all times” means that t he NOx emissions 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 1302.25  “Liquid petroleum gas” means a flam mable 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 1302.26  “Load shaving unit” means a device that operates for other than an emergency to 
generate electricity for sale or use on-site, inclu ding but not limited to stationary combustion turbi nes or 
stationary internal combustion engines.  
 
 Env-A 1302.27  “Low-NOx emitting process” means a process that results in NOx emission 
reductions which constitute NOx RACT as approved by  the division and EPA pursuant to Env-A 1314.05.  
 
 Env-A 1302.28  “Manufacturing process” means any p rocess directly related to the manufacturing of 
intermediate or finished goods or supplies, or any combination thereof, whose operations result in pol lutant 
emissions to the ambient air from process or manufa cturing equipment or machinery directly or through 
exhaust or ventilating systems, including elevated stacks.  
 
 Env-A 1302.29  “Maximum allowable emission rate” m eans the maximum amount of an air 
contaminant which is allowed to be emitted into the  ambient air during a prescribed interval of time.    2018-68     Adopted to be effective  08-15-18     5 
 
  
 Env-A 1302.30  “Maximum heat input rate” means the  maximum steady state fuel firing rate, in Btu 
per hour of gross heat input, of fuel burning equip ment as determined in the design rating of the equi pment 
manufacturer and the characteristics of the fuel-bu rning devices.  
 
 Env-A 1302.31  “Miscellaneous stationary source” m eans that portion of a stationary source, as 
defined in Env-A 101.187, consisting of devices and  processes that are:  
 
 (a) Unclassifiable; or  
 
 (b) Classifiable.  
 
 Env-A 1302.32  “Mole” means the specific amount of  chemical substance in a system proportional to 
its number of molecules, calculated as the mass of the chemical divided by its molecular weight.  
 
 Env-A 1302.33  “Natural gas” means a naturally occ urring mixture of hydrocarbon and 
nonhydrocarbon gases found in geologic formations b eneath the earth's surface, of which the principal 
constituent is methane.  
 
 Env-A 1302.34  “Nitrogen oxides (NOx)” means all o xides of nitrogen, except nitrous oxide, as 
measured in accordance with test methods specified in Env-A 800 and approved by EPA.  
 
 Env-A 1302.35  “Normalized stoichiometric ratio (N SR)” means the actual mole ratio of urea to NOx 
divided by the theoretical stoichiometric ratio, wh ich is 0.5 for the reaction between urea and NOx.  
 
 Env-A 1302.36  “NOx control technique” means a sys tem, design modification, 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 
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 1315.  
 
 Env-A 1302.37  “Ozone season” means the period bet ween March 1 and September 30, inclusive.  
 
 Env-A 1302.38  “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 1314.04.  
 
 Env-A 1302.39  “Rated brake horsepower (bhp)” mean s the brake horsepower rating specified by the 
manufacturer and listed on the nameplate.  
 
 Env-A 1302.40  “Regenerative cycle combustion turb ine” means any stationary gas or oil-fired turbine 
that recovers heat from the turbine exhaust gases t o preheat inlet combustion air to the turbine.  
 
 Env-A 1302.41  “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  “Rich burn engine” means “rich burn  engine” as defined in 40 CFR 60 subpart JJJJ, 
as reprinted in Appendix B.  
 
 Env-A 1302.43  “Simple cycle combustion turbine” m eans any stationary gas or oil-fired turbine that 
does not recover heat from the turbine exhaust gase s to preheat the inlet combustion air to the turbin e, heat 
water, or generate steam.  
 
 Env-A 1302.44  “Shaker grate” means a grate that m echanically oscillates or vibrates during loading 
of solid fuel to assist in the introduction of the fuel into the combustion zone, and in removing 
accumulation of fuel particle deposits on the grate  surface.  The term includes vibrating grate.  
   2018-68     Adopted to be effective  08-15-18     6 
 
  Env-A 1302.45  “Small power production facility” m eans a power production facility that is designed 
for or capable of operating at a capacity of less t han 30 megawatts and is not a cogeneration facility .  
 
 Env-A 1302.46  “Spark ignition” means “spark ignit ion” as defined in 40 CFR 60, subpart IIII, as 
reprinted in Appendix B. 
 
 Env-A 1302.47  “Stationary combustion turbine” mea ns 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 1302.48  “Stationary grate” means a grate th at is permanently affixed during normal boiler 
operation.  
 
 Env-A 1302.49  “Stationary internal combustion eng ine” means “stationary internal combustion 
engine” as defined in 40 CFR 60, subpart IIII, as r eprinted in Appendix B.  
 
 Env-A 1302.50  “Steam electric boiler” means a ste am generating unit, as defined in Env-A 1302, that 
is constructed and operated for the purpose of supp lying more than one-third of its potential electric al 
output to any utility power distribution system for  sale which is located at a cogeneration or small p ower 
production facility.  
 
 Env-A 1302.051  “Steam generating unit” means a de vice that combusts any fuel to produce steam or 
to heat water or any other heat transfer medium.  
 
 Env-A 1302.51  “Stoker” means a furnace design tha t incorporates a feeding mechanism, fuel 
distribution, and ash residue collection system for  the purpose of introducing solid fuel into the com bustion 
zone of the furnace by feeding the fuel onto a grat e.  
 
 Env-A 1302.52  “Tangential firing” means a boiler firing design where the burners and air nozzles are  
mounted in each corner of the furnace chamber where  the vertical furnace walls meet.  Both the fuel an d air 
are directed from the furnace corners along a line tangential to a circle lying in a horizontal plane of the 
furnace. 
 
 Env-A 1302.54  “Temporary boiler” means “temporary  boiler” as defined in 40 CFR 63, subpart 
JJJJJJ, as reprinted in Appendix B.  
 
 Env-A 1302.55  “Theoretical potential emissions” m eans the quantity of nitrogen oxides that could be 
emitted by a source, prior to the application of ad d-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 1302.56  “Traveling grate” means a grate des igned 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 1302.57  “Unclassifiable process or device” means any process 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 1302.58  “Utility boiler” means a steam gene rating unit that is constructed and operated for th e 
purpose of supplying more than one-third of its pot ential electrical output capacity to any utility po wer 
distribution system for sale, except for steam elec tric boilers, as defined in Env-A 1302.  
 
 Env-A 1302.59  “Wet bottom” means the boiler has a  furnace bottom temperature above the ash 
melting point and the bottom ash is removed as a li quid.  
   2018-68     Adopted to be effective  08-15-18     7 
 
 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  Definitions: Startup, Shutdown, and  Low-load Operation Periods. For purposes of 
this part, the following definitions shall apply: 
 
(1) “Startup” means the period beginning when fuel is first fired in a boiler and ending when 
the ammonia injection permissive temperature is met  in the selective catalytic reduction (SCR);  
 
(2) “Shutdown” means the period beginning when the SCR temperature first drops below the 
ammonia injection permissive temperature and ending  when fuel is no longer fired in the boiler; 
and 
 
(3) “Low-load operation” means the operation of a b oiler at load levels that result in flue gas 
temperature at the SCR inlet below the SCR function ing temperature. 
 
 Env-A 1303.03  Work Practice Standard; Performance  Tune-ups.  The owner or operator of one or 
more utility boiler(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, at least once every 12 m onths:  
 
 (a) Conduct a performance tune-up on each such boi ler: 
 
(1) Using the procedures specified in 40 CFR 63, Su bpart JJJJJJ, National Emission Standards 
for Hazardous Air Pollutants for Industrial, Commer cial, and Institutional Boilers Area Sources, 
or 40 CFR 63, Subpart DDDDD, National Emission Stan dards for Hazardous Air Pollutants for 
Major Sources: Industrial, Commercial, and Institut ional Boilers and Process Heaters;  
 
(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) Perform gaseous concentration measurements for  each such boiler in accordance with NOx 
RACT testing, as specified in Env-A 800. 
 
 Env-A 1303.04  Recordkeeping for Performance Tune- ups.   
 
 (a) The owner or operator of one or more utility b oiler(s) with a heat input rate of at least 5 milli on 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 90 2, the following information for each performance t une-up:  
 
(1) The identification of the boiler; 
 
(2) The date(s) on which the tune-up was conducted;  
 
(3) The name(s), title(s), and affiliation(s) of th e individual(s) who conducted the tune-up;  
 
(4) The concentrations of NOx in the effluent strea m, in parts-per-million by volume, (ppmv), 
measured at high fire or typical operating load, be fore and after the tune-up of the boiler;  
 
(5) The concentration of CO in the effluent stream,  in ppmv, and oxygen in volume percent, 
measured at high fire or typical operating load, be fore and after the tune-up of the boiler;  
 
(6) A description of any corrective actions taken a s a part of the tune-up of the boiler; and  
   2018-68     Adopted to be effective  08-15-18     8 
 
 (7) 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 ov er the 12 months prior to the tune-up, 
provided that for units sharing a fuel meter, the a llocation of fuel between those units may be 
estimated. 
 
 (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 1303.05  RACT Requirements.  Each utility bo iler having a heat input rate of at least 50 millio n 
Btu per hour shall comply with the applicable NOx R ACT requirements specified in Env-A 1303.05 through  
Env-A 1303.07.  
 
 Env-A 1303.06  RACT Requirements: Wet-Bottom Utili ty Boilers Firing Coal.  The NOx RACT 
requirements for wet-bottom utility boilers firing coal, whether by itself or in combination with any other 
fuel(s) 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 nam eplate capacity of less than 320 megawatts and 
equipped with a SCR system an emission limit of: 
 
(1) 0.22 lb. per million Btu, based on a 24-hour ca lendar day average, except as provided in 
(2) below; or 
 
(2) 4.0 tons per day on any calendar day during whi ch a startup, shutdown or low-load 
operation occurs; and 
 
 (c) For cyclone-fired boilers having a maximum nam eplate capacity of equal to or greater than 320 
megawatts and equipped with a SCR system an emissio n limit of: 
 
(1) 0.22 lb. per million Btu, based on a 24-hour ca lendar day average, except as provided in 
(2) below; or  
 
(2) 11.5 tons per day on any calendar day during wh ich a startup, shutdown or low-load 
operation occurs. 
 
 Env-A 1303.07  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 1303.08  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:  
   2018-68     Adopted to be effective  08-15-18     9 
 
 (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. 
 
 (c) For boilers that fire wood fuel or that are ca pable of firing a combination of wood fuel and oil:  
 
(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 1303.09  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  Work Practice Standard; Performance  Tune-ups.  The owner or operator of one or 
more steam electric boiler(s) having a heat input r ate of at least 5 million Btu per hour but less tha n 50 
million Btu per hour per boiler shall comply with E nv-A 1303.02 and Env-A 1303.03.  
 
 Env-A 1304.03  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 
1305.03, for the applicable fuel type and fuel-firi ng design.  
 
 (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 1305.09 for the applicable fuel 
type and fuel-firing design.  
 
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  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 per hour per boiler shall comply with Env-A 130 3.02 and Env-A 1303.03.  
  2018-68     Adopted to be effective  08-15-18     1 0 
 
  Env-A 1305.03  RACT Requirements for Industrial Bo ilers with Heat 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 1305.04  
through Env-A 1305.08.  
 
 (b) For purposes of Env-A 1305.05 through Env-A 13 05.07, 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 described in Env-A 131 5 relative to NOx RACT orders.  
 
 Env-A 1305.04  RACT Requirements: Dry Bottom Indus trial Boilers Firing Coal and/or Oil.  The 
NOx RACT requirements for dry-bottom industrial boi lers that are subject to Env-A 1305.03(a) and fire,  or 
are capable of firing, coal or oil, or any combinat ion thereof, 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 1305.05  RACT Requirements: Boilers Firing O il Exclusively.  The NOx RACT requirements 
for tangential or face-fired boilers that are subje ct to Env-A 1305.03(a) and are only capable of firi ng oil 
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 1305.03(b). 
 
 Env-A 1305.06  RACT Requirements: Boilers Firing O il and Gas.  The NOx RACT requirements for 
tangential or face-fired boilers that are subject t o Env-A 1305.03(a) and fire, or are capable of firi ng, a 
combination of oil and gas, 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 1305.03(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); and  
  2018-68     Adopted to be effective  08-15-18     1 1 
 
  (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 1305.03(b). 
 Env-A 1305.07  RACT Requirements: Boilers Firing G as Exclusively.  The NOx RACT requirements 
for boilers that are subject to Env-A 1305.03(a) an d are only capable of firing gas shall be as follow s:  
 
 (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 1305.03(b).  
 
 Env-A 1305.08  RACT Requirements: Boilers Firing W ood.  The NOx RACT requirements for 
boilers that are subject to Env-A 1305.03(a) and fi re wood fuel, or are capable of firing wood fuel, w hether 
alone or in combination with oil, shall be as follo ws:  
 
 (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 1305.09  RACT Requirements for Industrial Bo ilers with Heat 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 1305.10 through Env-A 1305.14.  
 
 (b) For purposes of Env-A 1305.12 and Env-A 1305.1 3, 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 described in Env-A 1315 relative to NOx RACT 
orders.  
 
 Env-A 1305.10  RACT Requirements: Wet-Bottom Indus trial Boilers Firing Coal.  For wet-bottom 
boilers that are subject to Env-A 1305.09(a) and fi re coal or are capable of firing coal, whether by i tself or 
in 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; 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 1305.11  RACT Requirements: Dry-Bottom Indus trial Boilers Firing Coal and/or Oil.  For dry-
bottom boilers that are subject to Env-A 1305.09(a)  and fire, or are capable of firing, coal or oil, o r any 
combination thereof, the NOx RACT requirements shal l 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;  
  2018-68     Adopted to be effective  08-15-18     1 2 
 
  (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 1305.12  RACT Requirements: Industrial Boile rs Firing Oil and/or Gas.  For boilers that are 
subject to Env-A 1305.09(a) and fire, or are capabl e of firing, oil or gas, or any combination thereof , the 
NOx RACT requirements shall be as follows:  
 
 (a) For tangential or face-fired boilers when firi ng oil exclusively:  
 
(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 1305.09(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 1305.13  RACT Requirements: Industrial Boile rs Firing Gas Exclusively.  For boilers that are 
subject to Env-A 1305.09(a) and are only capable of  firing gas, the 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 1305.09(b).  
 
 Env-A 1305.14  RACT Requirements: Boilers Firing W ood.  For boilers that are subject to Env-A 
1305.09(a) and fire wood fuel, or are capable of fi ring wood fuel, whether alone or in combination wit h oil, 
the NOx RACT requirements shall 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 criteria 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.  
 
 (b) Stationary combustion turbines excluded from E nv-A 1301.02(e) because 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 combustion turbines that meet t he applicability criteria of Env-A 1301.02(e) and 
are used as load shaving units shall be subject to Env-A 1306.04.  
 
        
 Env-A 1306.02  Emission Standards for Stationary C ombustion 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 parts per million by volume, d ry basis ( ppmvd), corrected to 15% O 2, equivalent to 
0.092 lb. per million Btu, when operating on gas.  
  2018-68     Adopted to be effective  08-15-18     1 3 
 
  Env-A 1306.03  Emission Standards for Stationary C ombustion Turbines Constructed on or Before May 
27, 1999.  Emissions from a stationary combustion t urbine that was constructed prior to May 27, 1999 s hall 
be limited at all times to the applicable hourly av erage NOx RACT emission limits 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;  
 
(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; and  
 
 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 o f 
0.90 lbs per million Btu heat input based on an hou rly 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).  
 
 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 applicabili ty 
criteria of 40 CFR §60.4200 or §60.4230, shall be s ubject to the hourly average NOx RACT emission 
limits specified below:  
 
 (a) For gas-fired units that are: 
 
(1) Rich burn stationary internal combustion engine s, the standard shall be 1.5 grams per rated 
brake horsepower per hour (bhp-hr); and 
 
(2) Lean burn stationary internal combustion engine s, the standard shall be 2.5 grams per bhp-
hr; and  
  2018-68     Adopted to be effective  08-15-18     1 4 
 
  (b) For liquid fuel-fired units that are:  
 
(1) Stationary internal combustion engines with a m aximum engine power of greater than 560 
KW or 750 hp, the standard shall be 6.4 grams per k ilowatt-hour (kW-hr); and  
 
(2) Stationary internal combustion engines with a m aximum engine power of less than or equal 
to 560 KW or 750 hp, the standard shall be 4.0 gram s per kilowatt-hour (kW-hr). 
 
 Env-A 1307.03 Emission Standards for Stationary In ternal Combustion Engines subject to New 
Source Performance Standards.  Stationary internal combustion engines that meet the applicability crit eria 
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. All incinerators mee ting the applicability criteria of Env-A 1301.02(h)  
shall be subject to this part.  
 
 Env-A 1309.02  Definition.  For purposes of this p art, the following definitions shall apply: 
 
 (a) “Startup” means “startup period” as defined in  40 CFR Subpart BBBB, §60.1940, as reprinted in 
Appendix B. 
 
 (b) “Shutdown” means the period beginning when, in  order to cease operation, municipal solid 
waste is no longer fed into the combustor and endin g when all municipal solid waste in the combustor h as 
been combusted.  
 
 Env-A 1309.03  Emission Standards for Incinerators .   
 
 (a) Subject to (b), below, an incinerator shall no t exceed a 24-hour calendar day average NOx 
RACT emission limit of 0.53 lb. per million Btu. 
  2018-68     Adopted to be effective  08-15-18     1 5 
 
  (b) Beginning one year after the 2018 effective da te of this rule, an incinerator: 
 
(1)  Shall not exceed a 24-hour calendar day averag e NO x RACT emission limit of 150 ppmvd at 
7% oxygen, except during days with periods of start up or shutdown; and 
 
(2) During calendar days with periods of startup or  shutdown, shall not exceed a 24-hour 
calendar day average NOx mass emission rate (pounds  per hour) calculated as the equivalent of 
205 ppmvd at 7% oxygen and the maximum heat input r ate for the incinerator (MMBtu per 
hour).  
  
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 described in Env-A 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 No. 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); and  
 
 (b) When firing No. 4, No. 5, or No. 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).  
  2018-68     Adopted to be effective  08-15-18     1 6 
 
 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.  
 
 (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, at least once every 12 months, 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 by performing gaseous 
concentration measurements in accordance with NOx R ACT testing, as specified in Env-A 800;  
 
(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;  
 
 (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 concentration of NOx in the effluent stream , in ppmv measured at high fire or typical 
operating load, before and after the adjustments ar e made; and  
 
(4) The concentration of CO in the effluent stream,  in ppmv and oxygen in volume percent, 
measured at high fire or typical operating load, be fore and after the adjustments are made;  
 
 (c) Concentration measurements may be taken by eit her a dry or wet basis, provided that the following : 
 
(1) The same basis is used before and after the adj ustments are made; and 
 
(2) All gases are measured using the same basis; 
  2018-68     Adopted to be effective  08-15-18     1 7 
 
  (d) Install, operate, and maintain an elapsed time  meter for each emergency generator to indicate, in  
cumulative hours, the elapsed operating time for th e previous 12 months; and  
 
 (e) Determine the hours of operation for each emer gency 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:  
 
 (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 ppmv;  
 
(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 
Engines Not Having Manual Adjustment Capabilities.  The owner or operator of a stationary internal 
combustion engine that is used as an emergency gene rator and that does not allow for manual adjustment  of 
the air-to-fuel ratio or ignition timing in order t o affect the combustion process, shall:  
 
 (a) Install, operate, and maintain an elapsed time  meter for each engine to indicate, in cumulative 
hours, the elapsed operating time for the previous 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 engine in conformance with the eng ine manufacturer’s instructions, such as 
following maintenance and operating requirements to  help minimize emissions; and  
 
 (d) For engines subject to 40 CFR Part 60, maintai n the engine manufacturer’s instructions at the 
facility so that they are available 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.  
  2018-68     Adopted to be effective  08-15-18     1 8 
 
 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.  
 
 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  MISCELLANEOUS STATIONARY SOURCES  
 
 Env-A 1313.01  Emission Standards and Control Opti ons for Miscellaneous Stationary Sources.  
Owners or operators of any miscellaneous stationary  sources meeting the applicability criteria of Env- A 
1301.02( 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 1315.  
 
PART Env-A 1314  RACT COMPLIANCE  
 
 Env-A 1314.01  Testing, Recordkeeping, and Recordi ng 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 continuous emission monitoring (CEM) syste m for NOx, if a CEM system is required 
by a permit issued pursuant to Env-A 600 or by Env- A 1314.02.   
 
 (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-
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. 
  2018-68     Adopted to be effective  08-15-18     1 9 
 
  (f) Unless otherwise specified by the department i n 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 t his 
part shall be determined based on a 24-hour calenda r day average.  
 
 Env-A 1314.02  CEM Requirements for NOx.  The depa rtment shall 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 1314.04; or  
 
 (d) A stationary source or device uses seasonal em ission control techniques, in accordance with 
Env-A 1314.06, in order to comply with NOx RACT.  
 
 Env-A 1314.03  Alternatives to Meeting Specified R ACT Emission 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 1312 shall 
be allowable as an alternative to the specified lim its for all NOx emitting processes and devices regu lated 
under this chapter, except for wet-bottom cyclone f ired utility boilers subject to the NOx RACT 
requirements specified in Env-A 1303.05.  
 
 (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 1315.  
 
 Env-A 1314.04  Emissions Averaging for Multiple So urces 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 state implementation plan (SIP) in a more co st 
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.  
 
 (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:  
  2018-68     Adopted to be effective  08-15-18     2 0 
 
 (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 1314.05 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 1314.02; or  
 
b.  For those emissions units for which CEMs are no t required under Env-A 1314.02, 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 1314.05  Emissions Averaging Equation.  
 
 (a) “E” means the total allowable emissions from a ll stationary sources included in the emissions 
averaging, in pounds per day.  
 
 (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 shown in the formula below:  
 
E = (A1 x B1) + (A2 x B2) + ... + (An x Bn)   2018-68     Adopted to be effective  08-15-18     2 1 
 
  
 Env-A 1314.06  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 emission li mit, for example lbs. NOx per million Btu, as speci fied in 
Env-A 1303 through Env-A 1312 for all emissions uni ts 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 operational dat a submitted by the owner or operator is adequate to  
demonstrate that NOx emissions for calendar year 19 90 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 1312 for all 
emissions units and fuels in use prior to December 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;  
 
(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 1312 or 
the annual NOx mass emissions otherwise allowed und er Env-A 611, Env-A 618, Env-A 619, 
Env-A 1313, Env-A 1314.03, Env-A 1314.04, Env-A 290 0 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 
1314.04, the applicable emission limit for each uni t of production referred to in the formula in 
Env-A 1314.05 shall be established in accordance wi th the applicable provisions of this part; and  
 
(7) All stationary sources using seasonal controls shall:  
 
a.  Install CEMs to the extent required by Env-A 13 14.02 and Env-A 800;  
  2018-68     Adopted to be effective  08-15-18     2 2 
 
 b.  Calculate daily emissions in accordance with En v-A 1314.02 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 1315  NOx RACT ORDERS  
 
 Env-A 1315.01  Definitions.  For the purpose of th is part, the 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 1315.02(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 1315.02(a), is adequate for the department t o 
issue a NOx RACT order.  
 
 Env-A 1315.02  Requests for NOx RACT Orders; Initi al Determinations 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 1313 or any sour ce, device or process seeking alternative RACT 
emission limits pursuant to Env-A 1314.03 shall sub mit the information, including a feasibility study,  as 
specified in Env-A 1315.04 to the department within  120 days of the date when the source becomes subje ct 
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  
 
(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 1315.03  Final Determinations Regarding Suff iciency; Proposed 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 1315.05 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   2018-68     Adopted to be effective  08-15-18     2 3 
 
  
b.  Proceed as specified in Env-A 1315.05 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 1315.04(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 Env-A 900.  
 
 Env-A 1315.04  Information Required for NOx RACT O rder Request.  The information required by 
Env-A 1315.02(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:  
 
(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 emission  reduction credits (ERCs) or discrete emission 
reductions (DERs), changing to low-NOx emitting pro cesses, 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 economic fe asibility of each option identified;  
 
 (e) The control option selected, stating emission limits, monitoring, recordkeeping and reporting 
procedures, and test methods to demonstrate complia nce;  
  2018-68     Adopted to be effective  08-15-18     2 4 
 
  (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 1315.05  Public Notice; Opportunity for Comm ent.  
 
 (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;  
 
(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 1315.06  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.  
  2018-68     Adopted to be effective  08-15-18     2 5 
 
  (b) Within 60 days of the issuance of a final NOx RACT order, the department shall submit to EPA 
a revision to the SIP to 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:  STATE AND FEDERAL STATUTES IMPLEMENTED  
 
Rule Section(s) State Statute(s) Implemented Federal Statute(s) Implemented 
Env-A 1300  RSA 125-C:6, II and XI  42 U.S.C. §§ 7410, 7502(c) & 7511c  
 
 
APPENDIX B:   FEDERAL DEFINITIONS  
40 CFR 60, subpart BBBB: 
Section 60.1940: 
“Startup period” means the period when a municipal waste combustion unit  begins the continuous 
combustion of municipal solid waste . It does not include any warmup period during whic h the municipal 
waste combustion unit  combusts fossil fuel or other solid waste  fuel but receives no municipal solid waste .. 
 
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  
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  2018-68     Adopted to be effective  08-15-18     2 6 
 
 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.