**STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT** 

**OFFICE OF AIR RESOURCES** 

### AIR POLLUTION CONTROL REGULATION NO. 2 **7 CONTROL OF**  **NITROGEN OXIDE EMISSIONS** 

Effective 1 February 1994 Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42

- 17.1

- 2(s) and 23

- 23 , as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Law s Chapter 42

- 35.RHO DE I SLAND DEPARTMENT OF ENVI RONMENTALMANAGEMENT OFFICE OF AIR RESOURCES AI R POL LUTION CONTROL REGULATION NO. 27 CONTROLOF NI TROGEN OXI DE EMI SSI ON

**TABLE OF CONTENTS**
27.1 Definitions

................................ ................................ ................................ ................................ .................... 1
27.2 Applicability and Exemptions

................................ ................................ ................................ ....................... 3
27.3 Reasonably Available Control Technology (RACT) Plan Requirements

................................ ....................... 3
27.4 Reasonably Available Control Technology (RACT) Requirements

................................ ............................... 6
27.5 Compliance Testing and Emission Monitoring Requirements

................................ ................................ ...... 10
27.6 Recordkeeping and Reporting Requirements

................................ ................................ ............................... 12
27.7 General Provisions

................................ ................................ ................................ ................................ ...... 16
APPENDIX A

................................ ................................ ................................ ................................ .............................. 18Page 1 of 20

**RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT**

**OFFICE OF AIR RESOURCES**  **AIR POLLUTION CONTROL REGULATION NO. 27 CONTROL OF NITROGEN OXIDES EMISSIONS**  **27.1 Definitions**  Unless otherwise expressly defined in this secti on, the terms used in this regulation shall be defined by

reference to the Rhode I sland Air Pollution Control General Definitions Regulation. As used in this regulation , the following terms shall, where the context permits, be construed as follows: 27.1 .1 **"Actual emissions"** means the actual rate of emissions of a pollutant from a

piece of equipment or a pollutant

- emitting activity as determined in accordance with Subsections (a) through (c) below: (a) In general, actual emissions as of a particular date shall equal the average rate, in tons per y

ear, at which the unit actually emitted the pollutant during a two year period which precedes the particular date and which is representative of normal stationary source operation. Actual emissions shall be c alculated using the equipment's or activity's actual operating hours, production rates and ty pes of materials processed, stored or combusted during the selected time period; (b) The Director may

presume that stationary

source specific allowable emissio ns for the equipment or activity are equivalent to the actual emissions of the equipment or activity ; (c) For any

equipment or activity

which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the equipment or activity on that date. 27.1

. 2 **"Combined cycle gas turbine"** means any stationary

gas turbine which recovers heat from the gas turbine exhaust gases to heat water or generate steam. 27.1. 3 **"Combustion turbine"** means any simple cy

cle gas turbine or any combined cy

cle gas turbine including the duct burner portion thereof. 27. 1

. 4 **"Emergency standby internal combustion engine"** means an internal

combustion engine operated only as a mechanical or electrical power source for a stationary source when the primary power source has been renderedPage 2 of 20 inoperable. This does not include power interruptions pursuant to an interruptible power service agreement. 27.1. 5 **"Equivalent control"** means a control system that may be substituted for the required control system(s). The stationary source apply

ing to use an equivalent control must demonstrate to the satisfaction of the Division and EPA that the emission reductions achieved are equal to or greater than the emission reductions required by the regul ation. Appropriate test methods or other replicable criteria in accordance with Department a nd EPA guidance must be used to demonstrate equivalence. 27.1. 6 **"Industrial -**  **Commercial -**  **Institutional Boiler"** means a device that

combusts any

fuel and produces steam or heats water or any other heat transfer medium. This term does not include utility boilers used by

electric utilities to generate electricity

. 27.1. 7 **"Internal combustion engine"** means any engine in which power, produced by

heat and/or pressure developed in the engine cy linder(s) by burning a mixture of air and fuel, is subsequently converted to mechanical work by means of 1 or more pistons. 27.1. 8 **"Lean -**  **burn engine"** means an internal combustion engine where the

amount of oxy

gen in the exhau st gases is 1% or more, by weight. 27.1. 9 **"Liquified petroleum (LP) gas"** means liquified petroleum gas as defined

by the American Society

for Testing and Materials in ASTM D1835

- 82, "Standard Specification for Liquified Petroleum Gases". 27.1. 10 **"Low NO**  **x burner"**  means a commercially available modified combustion burner designed to minimize NO x formation through low excess air firing, controlled mixing of primary combustion air and fuel (staged air or staged fuel), reducing peak furnace temperature or other burner designs judged to be low NO x burners by

the Division and EPA based on a review of evidence submitted by

the subject stationary

source. 27.1. 11 **"Rich -**  **burn engine"** means an internal combustion engine where the

amount of oxy

gen in the engine e xhaust gases is less than 1% by weight. 27.1. 12 **“ Simple cycle gas turbine"**  means any stationary

gas turbine which does not recover heat from the gas turbine exhaust gases to preheat the inlet combustion air to the gas turbine, or which does not recover heat from the gas turbine exhaust gases to heat water or generate steam. 27.1. 13 **"Utility boiler"** means a device, with a heat input capacity of 250 million Btu per hour or greater, that combusts any fuel and produces steam for thePage 3 of 20 primary purpose of gen erating electricity . This term does not include combustion turbines

. **27.2 Applicability and Exemptions**  27.2.1 This regulation applies to all stationary sources which have or ever have had, since 1 January

1990, the potential to emit 50 tons of nitrog en oxides (NO x) per year from all pollutant

- emitting equipment or activities. 27.2.2 A stationary source with potential yearly emissions of 50 tons or more of NO x , but with actual emissions not exceeding 50 tons per y ear of NO x any time after 1 January 1990, may apply to the Director for an exemption from Sections 27.4 and 27.5 of this regulation. Application for an exemption must be submitted to the Director by 1 July 1994, and must include documentation of previous yearly NO x emissions, in tons per ye ar, since 1 January 1990. Exemption from Section 27.4 of this regulation will be in the form of an enforceable document issued by the Director which limits actual emissions to less than 50 tons per year of NO x and shall include, but not necessarily

be lim ited, to the following conditions: (a) Actual annual emissions shall not exceed 50 tons of NO x per year, and (b) The stationary

source shall meet the emission cap over every consecutive 12 month period. Recordkeeping to demonstrate compliance shall be conducted as provided in Section 27.6.9 and shall be kept on a monthly basis. The cap must be consistent with the anticipated level of emissions in the approved State Im plementation Plan (SIP). Any stationary

source that has been issued an emissio ns cap and fails to meet the requirements of the enforceable document must immediately be in compliance with RACT. 27.2.3 Any

emergency

standby internal combustion engines which is operated less than 500 hours during any consecutive twelve (12) month period is exempt from Section 27.4 of this regulation. Recordkeeping shall be conducted as provided in Subsection 27.6.10. Any emergency

standby internal combustion engine operated under the provisions of this subsection must immediately be in complianc e with RACT if the hours of operation in any twelve (12) month period exceeds 500. **27.3 Reasonably Available Control Technology (RACT) Plan Requirements** Page 4 of 20

27.3.1 Any

stationary

source subject to the provisions of Section 27.4 of this regulation shall, b y 3 October 1994 or six months after becoming a potential 50 tons per year NO x stationary source, whichever is later, submit to the Director a RACT proposal for approval which includes all information specified in Subsections 27.3.2 or 27.3.3. 27.3.2 Al l RACT proposals submitted to comply with Subsection 27.4.1, 27.4.2 or 27.4.3 shall include the following information: (a) an inventory

of all NO x - emitting equipment with a heat input capacity greater than or equal to one million Btu per hour at the stationary source (b) the maximum capacity, in millions of Btu per hour, of each piece of NO x - emitting equipment (c) the ty

pe of fuel or fuels combusted in each piece of NO x - emitting equipment (d) the maximum NO x emission rate for each pie ce of NO x - emitting equipment in lbs per million Btu for each fuel burned (e) the actual amount of NO x emitted for each calendar year since 1 January 1990, from each piece of NO x - emitting equipment (f) a summary

of the applicable emission limits and requirements of this regulation and how the stationary source will comply (g) a schedule for the implementation of RACT, including dates for each of the following where applicable: completion of engineering, awarding of contracts, initiation of co nstruction, completion of construction and final compliance with RACT (h) any

additional information requested by the Director 27.3.3 All RACT proposals submitted to comply with Subsection 27.4.4 or 27.4.9 shall include the following information: (a) an inventory

of all NO x - emitting equipment with a heat input capacity greater than or equal to one million Btu per hour at the stationary source (b) the maximum capacity, in million of Btu per hour, of each piece of NO x - emitting equipmentPage 5 of 20 (c) the ty

pe of fuel or fuels combusted in each piece of NO x - emitting equipment (d) the maximum NO x emission rate for each piece of NO x - emitting equipment, in lbs per million Btu , for each fuel burned (e) the actual amount of NO x emitted for e ach calendar year since 1 January 1990, from each piece of NO x - emitting equipment (f) an examination of the technical and economic feasibility of available NO x control techniques for each piece of NO x - emitting equipment with the potential to emit 1 0 tons or more of NO x per year. (g) the control option or combination of control options selected as RACT, including emission limits and the test methods to be used to demonstrate compliance (h) the amount of reduction in NO x emissions that will be associated with implementing the selected control option(s) (i) a schedule for the implementation of RACT, including dates for each of the following where applicable: completion of engineering, awarding of contracts, initiation of construction, comple tion of construction and final compliance with RACT (j) the testing, monitoring, record keeping and reporting procedures to be used to demonstrate continuous compliance (k) any

additional information requested by the Director that is deemed necessa ry to determine RACT 27.3.4 After reviewing a RACT proposal submitted to comply with Subsection 27.4.1, 27.4.2 or 27.4.3 the Division will issue a final approval or disapproval of the proposal. 27.3.5 After reviewing a RACT proposal submitted to comp ly with Subsection 27.4.4, the Division , in consultation with the EPA, shall prepare a proposed enforceable document specify ing RACT for the stationary source. The enforceable document shall be subject to a thirty day public comment period. A public hearing for interested persons to appear and to submit written or oral comments on the enforceable document shall be held upon request. The Director may also hold a hearing at his or her discretion, whenever he or she believes there is a significant degree of public interest in the proposed action. I f held, a hearing shall take place no earlier than thirtyPage 6 of 20 (30) days nor later than sixty (60) days following initial public notice. Comments from the stationary source and/or any

interested persons shall be recorded at the public hearing. Written comments, to be considered part of the record, must be submitted during the public comment period. The public comment period shall commence on the date of initial public notice. The public comment period shall close th irty (30) days later, if no public hearing is held. I f a public hearing is held, the public comment period shall close at the close of the public hearing or on a later date set by the Division . The final enforceable document shall be submitted to the EPA for approval as a source specific revision to the State I mplementation Plan. **27.4 Reasonably Available Control Technology (RACT) Requirements**  27.4.1 Utility

Boilers On and after 31 May

1995, no person shall cause or allow the emission of NO x from a

ny utility boiler in excess of the following emission limitations: (a) 0.20 lbs per million Btu of actual heat input when operated on natural gas or liquified petroleum gas (LP) (b) 0.25 lbs per million Btu of actual heat input when operated on fue l oil 27.4.2 In dustrial

- Commercial

- In stitutional Boilers

(a) On and after 31 May 1995, no person shall cause or allow the emission of NO x from any I ndustrial

- Commercial

- In stitutional boiler, fired with natural gas or distillate oil, with a heat input capacity of 50 million Btu per hour or greater, in excess of the following emission limitations: 1. 0.10 lbs per million Btu of actual heat input when operated on natural gas 2. 0.12 lbs per million Btu of actual heat input when operat ed on distillate oil or liquified petroleum gas (LP) (b) On and after 31 May 1995, no person shall cause or allow the emission of NO x from any I ndustrial

- Commercial

- In stitutional boiler, fired with residual oil, with a heat input capacity of 50 mil lion Btu per hour or greater, unless the boiler is equipped with low

- NO x burners and flue gas recirculation (with a minimum of 10% flue gas recirculation) or equivalent control.Page 7 of 20 (c) On and after 31 May 1995, no person shall cause or permit the emissi on of NO x from any I ndustrial

- Commercial

- In stitutional boiler, with a heat input capacity of 1 million Btu per hour or greater, but less than 50 million Btu p er hour, unless the boiler is tuned at least once per year in accordance with the procedure de scribed in Appendix A. 27.4.3 Internal Combustion Engines

On and after 31 May

1995, no person shall cause or permit the emission of NO x from any

internal combustion engine, capable of producing 400 horsepower (HP) or more, in excess of the following emission limitations: (a) Rich

- burn Engines 1. 1.5 grams per brake horsepower

- hour when operated on natural gas (b) Lean
- burn Engines 1. 2.5 grams per brake horsepower

- hour when operated on natural gas 2. 9.0 grams per brake horsepo wer - hour when operated on fuel oil 27.4.4 Miscellaneous Stationary Sources (a) Any

stationary

source, equipment or pollutant emitting activity, with the potential to emit 10 tons or more of NO x per year, that is not covered by

Subsection 27.4.1, 27. 4.2 or 27.4.3 shall install and operate in compliance with RACT, as specified in an enforceable document issued by

the Director, by

31 May 1995. (b) Any

stationary

source that becomes a potential 50 ton per year NO x stationary source after 30 November 1993 shall install and operate in compliance with RACT, within 18 months of the date that the stationary source first becomes a potential 50 ton per year NO x stationary source. RACT shall be specified in an enforceable document issued by

the Director. 2 7.4.5 The RACT requirements in Subsections 27.4.1

- 27.4.4 do not apply to equipment and pollutant

- emitting activities that have been determined to be BACT or LAER in any

permit issued by

the Division pursuant to Air Pollution Control Regulation No. 9 si nce 15 November 1992.Page 8 of 20

27.4.6 The RACT requirements in Subsection 27.4.3 or 27.4.4 do not apply to equipment and pollutant emitting activities listed below, that have been issued a permit for the construction/installation of new equipment by the Division , pursuant to Air Pollution Control Regulation No.9, since the indicated date. (a) Combustion turbine facilities

- 6 January 1989 (b) Internal combustion engines

- 28 September 1989 (c) Fluidized bed boilers

- 11 March 1991 27.4.7 The RACT r equirements in Subsection 27.4.1 do not apply to any utility boiler that commits, by

3 October 1994, in an enforceable document, to either permanently

shut down and dismantle that existing utility boiler by 31 May 1995 or replace that existing utility boil er by 31 December 1996 as part of a repowering project. The repowered emissions unit(s) must meet a NO x emission limitation that has been determined to be BACT or L AER in a permit issued by

the Division pursuant to Air Pollution Control Regulation No. 9. In addition to the commitment, the source must comply with the alternative RACT requirements of 27.4.8. The final enforceable document and the alternative RACT determination shall be submitted to the EPA for approval as a source specific revision to the State I mplementation Plan (SIP). 27.4.8 Alternative RACT

(a) The RACT requirements in Subsection 27.4.1

- 27.4.3 may be relaxed on a case

- by

- case basis, if by 3 October 1994 or six months after becoming a potential 50 ton per y ear NO x stationary

sourc e, the owner or operator makes application to the Division for an alternative RACT determination. An application for an alternative RACT determination must include the following: 1. an inventory

of all NO x - emitting equipment with a heat input capac ity

greater than or equal to one million Btu per hour at the stationary

source 2. the maximum capacity, in million of Btu per hour, of each piece of NO x - emitting equipment 3. the ty

pe of fuel or fuels combusted in each piece of NO x - emitting e quipmentPage 9 of 20 4. the maximum NO x emission rate for each piece of NO x - emitting equipment, in lbs per million Btu , for each fuel burned 5. the actual amount of NO x emitted for each calendar year since 1 January

1990, from each piece of NO x - emitting equipment 6. economic and/or technical documentation that demonstrates to the satisfaction of the Division and EPA that the applicable emission limitations cannot feasibly be met. 7. an examination of the technical and economic feasibility of alt ernative NO x control techniques for each piece of NO x emitting equipment 8. The control option or combination of control options proposed as alternative RACT, including emission limits and test methods to demonstrate compliance. 9. The amount of reduction in NO x emissions that will be associated with implementing the selected control option(s). 10. A schedule for the implementation of alternative RACT, including dates for each of the following where applicable: completion of engineering, awarding of contracts, initiation of construction, completion of construction and final compliance with alternative RACT by 31 May 1995. 11. The testing, monitoring, recordkeeping and reporting procedures to be used to demonstrate continuous compliance. 12. Any

additional information requested by the Director that is deemed necessary

to determine alternative RACT. (b) Any

alternative RACT determination will not become final until approved by

EPA as a source specific State I mplementation Plan (SIP) revision; (c) The stationary

source shall conduct a RACT review every three years after the final compliance date until the RACT requirements in Subsections 27.4.1, 27.4.2 or 27.4.3 are achieved. This RACT review must include the same information req uired in an application for an alternative RACT determination. This RACT review will not become final until approved by EPA as a source specific StatePage 10 of 20 Im plementation Plan (SIP) revision. 27.4.9 Fuel Switching

Any facility subject to the RACT requirements in Subsections 27.4.1

- 27.4.4 may

propose to comply

with those requirements by fuel switching. Fuel switching refers to instances where a piece of NO x emitting equipment historically

burned one primary

fuel, such as residual oil, and under a fuel switching program, the equipment would burn a cleaner fuel, such as natural gas, during the ozone season (May 1

- September 30) and may switch back to the historic fuel for some or all of the non

- ozone season. (a) The owner or operator of a stationary source proposing a fuel switching program must file an application with the Division for approval of a fuel switching program no later than 3 October 1994 or six months after becoming a potential 50 ton per y ear NO x facility , whichever is later. (b) An application for approval of a fuel switching program must demonstrate that the NO x reductions achieved will be the equivalent of that which would be achieved if the stationary source were operating in compliance with its applicable emission limitations throughout the year. (c) An application for approval of a fuel switching program must demonstrate that the program uses a long term emissions averaging approach consistent with the Environmental Protection Agency's guidance. This guidance is contained i n a 30 July 1993 memo from Michael Shapiro entitled "Fuel Switching to Meet the Reasonably Available Control Technology Requirements for Nitrogen Oxides". (d) Any

fuel switching program will not become final until approved by EPA as a source specific S tate I mplementation Plan (SIP) revision. **27.5 Compliance Testing and Emission Monitoring Requirements**  27.5.1 Compliance with Subsections 27.4.1 and 27.4.9 shall be demonstrated by

installation calibration, maintenance and operation of a continuous emis sion monitoring system for NO x and O 2 or CO 2 . 27.5.2 Compliance with Subsections 27.4.2(a)

- (b), 27.4.3, 27.4.4, and 27.4.8 shall

be demonstrated either by emission testing or by

installation calibration, maintenance and operation of a continuous emiss ion monitoring system for NO x and O 2 or CO 2 .Page 11 of 20

27.5.3 Compliance with Subsection 27.4.2 (c) shall be demonstrated by record keeping as specified in Subsection 27.6.8. 27.5.4 Compliance with the emission limitations in Subsections 27.4.1 shall be

based on 24 hour average concentrations. 27.5.5 Compliance with the emission limitations in Subsections 27.4.2 and 27.4.3

shall be based on one hour average concentrations. Emission testing shall consist of 3

- one hour test runs. Compliance with the emiss ion limitation must be demonstrated for each test run. 27.5.6 Continuous emission monitoring systems shall comply with the following requirements: (a) Performance specification, monitor location, calibration and operating procedures, quality assuran ce procedures for each monitor and a sample calculation showing how the concentrations from the NO x CEMs will be converted in to the applicable units and averaging time of the emission limit must be submitted to the Division for review and approval at leas t 180 days prior to expected installation. (b) All emission data shall be continuously monitored and recorded. (c) The continuous emission monitors must satisfy the requirements of 40 CFR 60 Appendix B, Performance Specification 2. (d) The cont inuous emission monitors must satisfy the quality

assurance requirements of 40 CFR 60, Appendix F. (e) The continuous emission monitoring system will be used to determine compliance with the applicable allowable NO x emission rates. (f) The stationa

ry source shall have the capability of transmitting all of the collected continuous emission monitoring data to the Division's office via a telemetry

system. (g) Each continuous emission monitoring system shall be operated at all times except for perio ds of CEMs calibration checks, zero and span adjustment and preventative maintenance. Notwithstanding such exceptions, in all cases valid CEMs data shall be obtained for at least 75% of the hours per day , 75% of the days of the month and 90% of the hours per quarter that the stationary source is operating.Page 12 of 20

27.5.7 Emissions testing shall comply with the following requirements: (a) Emissions testing shall be conducted by 30 November 1995, initially and annually

thereafter to demonstrate compliance with the applicable NO x emission limitation (b) An emissions testing protocol shall be submitted to the Division for review and approval prior to the performance of any tests. The Division shall be notified at least 60 days prior to any emissions test. (c) All test procedures used for emissions testing shall be in accordance with the methods set forth in Appendix A of 40 CFR 60 or another method approved by

the Division and the EPA. (d) The owne r or o perator of the stationary source shall install a

ny and all test ports or platforms necessary to conduct the required emissions testing, provide safe access to any platforms and provide the necessary

utilities for sampling and testing equipment. (e) All testing shall be conducted under operating conditions deemed acceptable and representative for the purpose of assessing compliance with the applicable emission limitation. (f) All emissions testing must be observed by the Division or its authorized representative to be considered acceptable. (g ) A final report of the results of emissions testing shall be submitted to the Division no later than 60 days following completion of the testing. **27.6 Recordkeeping and Reporting Requirements**  27.6.1 A record of all measurements, performance evaluation s, calibration checks,

and maintenance or adjustments for each continuous emission monitor shall be maintained. 27.6.2 A written report of excess emissions as measured by a continuous emission monitor shall be submitted to the Division for every calenda r quarter. All quarterly reports shall be received no later than 30 days following the end of each calendar quarter and shall include the following information: (a) The date and time of commencement and completion of each period of excess emissions an d the magnitude of the excess emissions (b) Id entification of the suspected reason for the excess emissions andPage 13 of 20 any corrective action taken. (c) The date and time period any continuous emission monitor was inoperative, except for zero and span chec ks and the nature of system repairs or adjustments. (d) The date and time periods of any missing data or periods where compliance could not be determined and the steps taken to cure the cause of the missing data. In the event none of the above item s have occurred such information shall be stated in the report. 27.6.3 The fuel used in each combustion unit subject to RACT must be measured

and recorded monthly

. As an alternative to measuring and recording fuel used in each combustion unit, a sta tionary source may

petition the Division to use one of the following methods to demonstrate compliance with RACT: (a) The fuel used in multiple combustion units which have equivalent NO x emission rates may

be measured and recorded monthly using a singl e metering device. I f more than one ty pe of fuel is used in the multiple combustion units the amount of each ty pe fuel must be measured and recorded monthly ; (b) The fuel used in multiple combustion units which have different NO x emission rates may

be measured and recorded monthly using a single metering device. I f more than one ty pe of fuel is used in the multiple combustion units the amount of each ty pe fuel must be measured and recorded monthly . The total NO x emissions for these units will be dete rmined using the emission rate of the highest NO x emitting combustion unit. 27.6.4 Stationary

sources subject to Subsection 27.4.2 (a)(2) shall obtain a certification from the fuel supplier for each shipment of distillate oil that includes the following information: (a) The name of the oil supplier, and; (b) That the oil complies with the specification for fuel oil numbers 1 or 2, as defined by

the American Society

for Testing and Materials in ASTM D396

- 78 "Standard Specification for Fuel Oils" 27.6.5 All stationary sources combusting residual fuel oil shall obtain a certificationPage 14 of 20 from the fuel supplier for each shipment of residual oil that includes the following information: (a) The name of the oil supplier; (b) The nitrogen content o f the oil from which the shipment came or of the shipment itself; (c) The method used to determine the nitrogen content of the oil. ASTM test methods D3228, D4629 or any other method approved by the Division and the EPA may be used; and, (d) The l ocation of the oil when the sample was drawn for analysis to determine the nitrogen content of the oil, specifically including whether the oil was sampled as delivered to the stationary source or whether the sample was drawn from oil in storage at the oil supplier's or oil refiner's facility or another location. 27.6.6 As an alternative to the fuel supplier certification required in Subsection

27.6.5, a stationary

source may

elect to sample the fuel oil prior to combustion. Sampling and analysis shall b e conducted after each new shipment of residual oil is received. Samples shall be collected from the fuel tank immediately

after the fuel tank is filled and before any oil is combusted. The residual oil must be sampled and analy zed according to ASTM meth ods which have the prior approval of or are required by the Director. 27.6.7 Copies of all fuel supplier certifications or fuel oil analyses shall be

maintained at the facility

and be made accessible for review by the Director or the designated personne l of the Director and EPA. These records shall include a certified statement, signed by the owner or operator of the stationary source, that the records represent all of the fuel combusted during the quarter. 27.6.8 All stationary sources subject to Su

bsection 27.4.2 (c) shall maintain records verify ing that a tune

- up has been performed in accordance with the procedure described in Appendix A that includes the following information: (a) The date the tune

- up was performed; (b) The name of the per son who performed the tune

- up; and, (c) The final excess oxy gen setting. (d) The O 2 /CO curve or O 2 /smoke curve that has been developed as part of this procedure.Page 15 of 20

27.6.9 Stationary

sources subject to an emissions cap pursuant to the provisions of Subsection 27.2.2 shall: (a) Measure and record monthly the fuel used in each combustion unit with a heat input capacity greater than or equal to one million Btu per hour; (b) On a monthly

basis, no later than fifteen (15) days after the first of each month, determine the fuel usage and quantity of NO x emitted for the previous twelve (12) month period for each combustion unit or for the stationary

source; (c) Notify

the Division , in writing within 30 days of the end of the month, whenever NO x e missions exceed the emissions cap; or, (d) As an alternative to measuring and recording fuel used in each combustion unit as required in 27.6.9 (a), a stationary source may petition the Division to use one of the following methods to demonstrate compli ance with an emissions cap: (1) The fuel used in multiple combustion units which have equivalent NO x emission rates may be measured and recorded monthly

using a single metering device. I f more than one ty

pe of fuel is used in the multiple combustion units the amount of each ty

pe fuel must be measured and recorded monthly ; (2) The fuel used in multiple combustion units which have different NO x emission rates may be measured and recorded monthly using a single metering device. I f more than one ty p e of fuel is used in the multiple combustion units the amount of each ty

pe fuel must be measured and recorded monthly . The total NO x emissions for these units will be determined using the emission rate of the highest NO x emitting unit. 27.6.10 All stat ionary sources with emergency

standby internal combustion engines satisfy ing the provisions of Subsection 27.2.3 shall: (a) Notify

the Division, in writing, by 31 May 1995 of: (1) the maximum capacity, in millions of Btu per hour , of each emergenc y standby

internal combustion engine at the stationary source; and,Page 16 of 20 (2) the ty

pe of fuel or fuels combusted in each engine; (b) In stall and maintain a non

- resetable elapsed time meter to indicate, in cumulative hours, the elapsed engine operating time; (c) On a monthly

basis, no later than five (5) days after the first of each month, determine and record the hours of operation for each engine for the previous twelve (12) month period; (d) Notify

the Division , in writing, whenever the hours of operation in any twelve (12) month period exceeds 500 hours; and (e) Maintain records to certify that the ignition timing of the engine has been inspected and adjusted at least once every three (3) years. 2 7.6.11 All records required in this Subs ection shall be maintained at the stationary

source for a minimum of five (5) years and shall be made available to representatives of the Department or EPA upon request. **27.7 General Provisions**  27.7.1 Purpose The purpose of this regulation is to limit emissions of nitrogen oxides from stationary sourc e s 27.7.2 Authority

These regulations are authorized pursuant to R.I . Gen. Laws § 42

- 17.1

- 2(s) and 23

- 23 , as amended, and have been promulgated pursuant to the procedures set forth in the R.I . Administrative Procedures Act, R.I . Gen. Laws Chapter 42

- 35
27.7.3 Application

The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state law, goals and policies. 27.7.4 Severability

If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, thePage 17 of 20 validity of the remainder of the regulation shall not be affected thereby

. 27.7.5 Effective Date

The foregoing regulation, "Control of Nitrogen O xide Emissions”, as amended, after due notice, is hereby adopted and filed with the Secretary of State this __29th

___ day of __June_________, 20 07 _ to become effective twenty (20) days thereafter, in accordance with the provisions of Chapters 23

- 23, 42

- 35, 42

- 17.1, 42

- 17.6, of the General Laws of Rhode I sland of 1956, as amended. W. Michael Sullivan, PhD., Director Department of Environmental Management

**Notice Given on: February 21, 2007**  **Public Hearing held: March 23, 2007**  **Filing Date: June 29, 2**  **007 Effective Date:**  **July 19, 2007**Page 18 of 20 **APPENDIX A** EQUIPMENT TUNI

NG PROCEDURE 1 Nothing in this Equipment Tuning Procedure shall be construed to require any act or omission that would result in unsafe conditions or would be in violation of any regulation or requirement established by

Factory Mutual, National Fire Prevention Association, the Rhode I sland Department of Labor (Division of Occupational Safety ), the Federal Occupational Safety and Health Administration or other relevant regulations or requirements. 1. Operate the unit at the firing rate most ty pical of normal operation. I f the unit experiences significant load variations during normal operation, operate it at its average firing rate. 2. At this firing rate, record stack gas temperature, oxy ge n concentration and CO concentration (for gaseous fuels) or smoke

- spot number 2 (for liquid fuels) and observe flame conditions after the unit stabilizes at the firing rate selected. I f the excess oxy gen in the stack gas is at the lower end of the range of ty pical minimum values 3 , and if the CO emissions are low and there is no smoke, the unit is probably operating at near optimum efficiency

- at this particular firing rate. However, complete the remaining portion of this procedure to determine whether sti ll lower oxy gen levels are practical. 3. In crease combustion air flow to the furnace until stack gas oxy gen levels increase by

one to two percent over the value measured in Step 2. As in Step 2, record the stack gas temperature, CO concentration (for gas eous fuels) or smoke

- spot number (for liquid fuels) and observe flame conditions for these higher oxy gen levels after boiler operation stabilizes. 4. Decrease combustion air flow until the stack gas oxy gen concentration is at the level measured in Step 2. From this level gradually reduce the combustion air flow in small increments. After each increment, record the stack gas temperature, oxy gen concentration, CO concentration (for gaseous fuels) and smoke

- spot number (for liquid fuels). Also observe the flame and record any changes in its condition. 5. Continue to reduce combustion air flow stepwise until one of these limits is reached:
a. Unacceptable flame conditions

- such as flame impingement on furnace walls or burner parts, excessive flame carry o ver or flame instability

. b. Stack gas CO concentration greater than 400 ppm.
c. Smoking at the stack. d. Equipment related limitations

- such as low windbox/furnace pressure differential, built in air flow limits, etc. 6. Develop an O 2 /CO curve (fo r gaseous fuels) or O 2 /smoke curve (for liquid fuels) similar toPage 19 of 20

those in Figures 1 and 2 using the excess oxy gen and CO or smoke

- spot number data obtained at each combustion air flow setting. 7. From the curves prepared in Step 6, find the stack gas oxy g en levels where the CO emissions or smoke

- spot number equal the following values: Fuel Measurement Value Gaseous CO emissions 400 ppm #1 & #2 oils smoke

- spot number number 1 #4 oil smoke

- spot number number 2 #5 oil smoke

- spot number number 3 #6 oil smoke

- spot number number 4 The above conditions are referred to as CO or smoke threshold, or as the minimum excess oxy gen level. Compare this minimum value of excess oxy gen to the expected value provided by the combustion unit ma

nufacturer. I f the minimum value found is substantially higher than the value provided by

the combustion unit manufacturer, burner adjustments shall be made to improve fuel and air mixing, thereby allowing operation with less air. 8. Add 0.5 to 2.0 perce nt to the minimum excess oxy gen level found in Step 7 and reset burner controls to operate automatically at this higher stack gas oxy gen level. This margin above the level accounts for fuel variations, variations in atmospheric conditions, load changes and non repeatability

or play in automatic controls. 9. If the load of the combustion unit varies significantly during normal operation, repeat Steps 1

- 8 for firing rates that represent the upper and lower limits of the range of the load. Because control a djustments at one firing rate may affect conditions at other firing rates, it may not be possible to establish the optimum excess oxy gen level at all firing rates. I f this is the case, choose the burner control settings that give the best performance over the range of firing rates. I f one firing rate predominates, settings should optimize conditions at that rate. 10. Verify

that the new settings can accommodate the sudden changes that may occur in daily operation without adverse affects. Do this by incr easing and decreasing load rapidly while observing the flame and stack. I f any of the conditions in Step 5 result, reset the combustion controls to provide a slightly higher level of excess oxy gen at the affect firing rates. Next, verify

these new settin gs in a similar fashion. Then make sure that the final control settings are recorded at steady state operating conditions for future reference.Page 20 of 20

_________________________________________________________________ 1. This tuning procedure is based on a tun e - up procedure developed by KVB Inc. for the EPA. 2. The smoke

-spot number can be determined with ASTM Test Method D

- 2156 or with the Bacharach method. ASTM Test Method D

- 2156 is included in a tune

- up kit that can be purchased from the Bacharach Company 3. Typical minimum oxygen levels for boilers at high firing rates are: For natural gas: 0.5%

- 3.0% For liquid fuels: 2.0%

- 4.0%