Air Resources Group, LLC Air Quality and Environmental Services

New NYSDEC Regulation for Combustion Installations

On July 8, 2010 the New York State Department of Environmental Conservation placed new restrictions on NOx (oxides of nitrogen) emissions from boilers in accordance with their program of Reasonably Achievable Control Technology (RACT).  This represents a significant slashing of allowable NOx emissions, making it nearly impossible for “old” or end of life boilers to be in compliance.  In addition to new limitations, the categories of boiler size were changed to encompass more boilers that have to meet these emissions limits and the small boiler exemption for 1-10 mmBtu/hr was eliminated. Facilities have until January 1, 2012 to provide the NYSDEC with a compliance plan and permit modification application.  The new regulations in terms of pounds of NOx per MMBtu include:

Compliance options include:

• fuel switching
• system averaging
• shut-down
• add-on controls
• de-rating the boilers
• agree to presumptive NOx

( i.e., presuming you can meet the new limits by showing evidence of doing so).

A facility must submit either an application for a permit or a RACT analysis plan that explains why the control technology the facility currently employs should still be considered RACT for that source, using both technical and economic justifications.

The NYSDEC states the following:

For those boilers where physical constraints make it impossible or impractical to implement the requirements…, submit as part of the compliance plan … a proposal for RACT to be implemented that includes a clear and convincing technical demonstration of such constraints and descriptions of:

• the available NOx control technologies, the projected effectiveness of the technologies considered, and the costs for installation and operation for each of the technologies; and
• the technology and the appropriate emission limit selected as RACT considering the costs for installation

NEW! NYS SIP Modifications for NOx RACT Determinations

In developing the 2008 NYS State Implementation Plan (SIP), NYSDEC adopted several revisions to boiler installation regulations. Of immediate concern for environmental professionals is the modifications to the methodology for NOx RACT emission limit determinations. For boilers, determination will be based on new heat input classifications (see graphic below) and the limits associated with those classifications have been lowered. Combined cycle/cogeneration combustion turbines are now subject to a case-by-case NOx RACT analyses to determine applicable limits.