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So What’s in the Final Version of the Pennsylvania RACT 2 Rule? We are glad that you asked.

Posted: November 6th, 2014

Author: All4 Staff 

Okay folks, the Pennsylvania Department of Environmental Protection (PADEP) released the final form version of the RACT 2 rule to the Air Quality Technical Advisory Committee (AQTAC) in advance of the supplemental AQTAC RACT 2 meeting scheduled for November 7, 2014 in Harrisburg.  After several years of development, the final form version of the rule is now available and was posted on the AQTAC website on November 4, 2014. Understanding that most facilities will not be represented at the November 7th AQTAC meeting, I have taken a “quick” read through of the final form rule and noticed many clarifications, revisions, and several additions that are noteworthy and may be of interest to potentially affected facilities.  Please note that ALL4 will be at the meeting and will be available to discuss and answer questions regarding the final form RACT 2 rule and its potential impact on affected facilities.

Also note that that this blog post is intended to identify changes between the proposed RACT 2 rule and the final form version as of November 4, 2014.  Additional rule analyses will be presented in future ALL4 blog posts.  A summary of my line-by-line observations regarding the revisions to the proposed RACT 2 rule is provided below.  Here we go:

25 Pa. Code §121 – Definitions

The final form rule includes revisions to the definitions of Major NOX emission facility, Major VOC emitting facility, and stationary internal combustion engine.

The most curious revisions were to the definitions of Major NOX emission facility and Major VOC emitting facility, which included a clarification of the definitions for facilities located in Bucks, Chester, Delaware, Montgomery, or Philadelphia counties.  The clarification states that the lower 25 ton per year major source threshold for new source review (NSR) permitting does not apply to a facility that is subject to §§129.96-129.100 (i.e., the “original” RACT rule). Therefore, the NOX emission threshold of 100 tpy applies statewide for applicability to the new RACT regulations.

The stationary internal combustion engine definition excludes combustion turbines, certain nonroad engines, engines used to propel vehicles and aircraft, and engines associated with temporary sources such as compressors or generators.

Several new definitions were added to §121 as a result of them being used in RACT 2.  There are new definitions for process heater, regenerative cycle combustion turbine, simple cycle combustion turbine, and stationary combustion turbine (which includes turbines mounted on a vehicle for portability).

25 Pa. Code §129.96 – Applicability

The applicability provisions of §129.96(a) and (b) include minor clarifications.  §129.96(c) was added to exempt NOX and VOC sources with potential NOX and/or VOC emissions of less than one (1) ton per year that are located at major NOX and/or VOC emitting facilities from the RACT 2 rule.

§129.96 (k)(2)(v) – Provides for a compliance date of up to 3 years after approval of a petition for an alternate compliance schedule through issuance in a plan approval or operating permit.

25 Pa. Code §129.97 – Presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule

Changes to §129.97 include minor clarifications to §129.97(a) and a revision to §129.97(b), changing the requirement for boilers to conduct an annual tune-up to a biennial tune-up and referencing the tune-up requirements specified at 40 CFR 63.11223 (i.e., area source boiler MACT).

§129.97(b)(2) is a new provision that covers combustion units equipped with oxygen trim systems (that would otherwise be subject to a biennial tune-up) and specifies that such units be inspected every five (5) years.  §129.97(b)(2)(i), (ii), and (ii) specify the nature of the inspections for such units.

§129.97(c) has been clarified and identifies presumptive RACT as “install, operate, and maintain the source in accordance with the manufacturer’s specifications and with good operating [vs. engineering in proposed rule] practices”.

The list of sources subject to presumptive RACT 2 requirements has been expanded in §129.97(c)(1) through (8) to include (c)(1) and (2) which identify “de-minimis” sources of NOX and VOC (e.g., less than 5 TPY NOX and/or less than 2.7 TPY VOC) as subject to presumptive RACT.

§129.97(c)(7) [formerly (c)(5)] covering fuel burning equipment, gas turbines, and internal combustion engines with an annual capacity factor of less than 5% has been revised to define an annual capacity factor for combustion unit and electric generating units.

§129.97(d) has been clarified to reflect the “install, operate, and maintain the source in accordance with the manufacturer’s specifications and with good operating [vs. engineering] practices” language discussed earlier.

§129.97(f) has been revised to reflect a new NOX RACT 2 standard of 180 ppmvd NOX @ 7% oxygen for municipal solid waste combustors and §129.97(f)(1) and (2) have been deleted.

Combustion Units, Process Heaters, and Combustion Sources

The numeric RACT 2 limit of §129.97(g)(1)(i) for natural gas fired combustion units or process heaters with a rated heat input of greater than or equal to 50 MMBtu/hr has been revised to 0.10 lb/MMBtu from the previous 0.08 lb/MMBtu standard.

§129.97(g)(1)(iii) for residual oil-fired combustion units or process heaters with a rated heat input of greater than or equal to 50 MMBtu/hr has been revised to include “other liquid fuel” (i.e., any liquid fuel that is not distillate oil because the term “other liquid fuel” is not defined).

§129.97(g)(1)(vi) covering coal-fired combustion units with a rated heat input of greater than 250 MMBtu/hr has been revised.  Specifically the numeric limit in §129.97(g)(1)(vi)(A) for circulating fluidized bed combustion units has been revised to 0.16 lb NOX /MMBtu from 0.20 lb NOX /MMBtu.

§129.97(g)(1)(vi)(C) has been clarified to cover “any other type of coal fired combustion unit.”

§129.97(g)(1)(vii) is new and specifies a limit of 0.25 lb NOX /MMBtu for “any other type of solid fuel fired combustion unit with a rated heat input equal to or greater than 50 MMBtu/hr.”

§129.97(g)(1)(viii) is new and limits NOX emissions from combustion units with selective catalytic reduction (SCR) systems, operating with an inlet temperature equal to or greater than 600° F, to 0.15 lb NOX /MMBtu.  It is noted that the limit applies during SCR system bypasses as well.

§129.97(g)(1)(ix) is new and requires combustion units with selective non catalytic reduction (SNCR) systems to operate said SNCR systems when the reagent injection area temperature is equal to or greater than 1,600° F.

Combustion Turbines

The numeric NOX limit in §129.97(g)(2)(i)(B) for fuel oil-fired combined cycle or combined heat and power combustion turbines with a rated output equal to or greater than 1,000 bhp and less than 180 MW has been revised to 96 ppmvd NOX @15% oxygen from 75 ppmvd @ 15% oxygen.

The numeric VOC limit in §129.97(g)(2)(i)(B) for natural gas or noncommercial gaseous fuel-fired combined cycle or combined heat and power combustion turbines with a rated output equal to or greater than 1,000 bhp and less than 180 MW has been revised to 9 ppmvd VOC as propane @15% oxygen from 2 ppmvd VOC as propane @ 15% oxygen.

§129.97(g)(2)(iii)(A) through (D) is new and applies to simple cycle or regenerative cycle combustion turbines with a rated output equal to or greater than 1,000 bhp and less than 6,000 bhp.

§129.97(g)(2)(iii)(A) applies to §129.97(g)(2)(iii) affected units that fire natural gas or noncommercial gaseous fuel and limits NOX emissions to 150 ppmvd  @ 15% oxygen.

§129.97(g)(2)(iii)(B) applies to §129.97(g)(2)(iii) affected units that fire fuel oil and limits NOX emissions to 150 ppmvd @ 15% oxygen.

§129.97(g)(2)(iii)(C) applies to §129.97(g)(2)(iii) affected units that fire natural gas or noncommercial gaseous fuel and limits VOC emissions to 9 ppmvd VOC as propane @ 15% oxygen.

§129.97(g)(2)(iii)(D) applies to §129.97(g)(2)(iii) affected units that fire fuel oil and limits VOC emissions to 9 ppmvd VOC as propane @ 15% oxygen.

§129.97(g)(2)(iv)(A) through (D) applies to simple cycle or regenerative cycle combustion turbines with a rated output of greater than 6,000 bhp.

The numeric emission limit specified by §129.97(g)(2)(iv)(B), which applies to §129.97(g)(2)(iv) affected units that fire fuel oil, has been revised to 96 ppmvd NOX @ 15% oxygen from 75 ppmvd  @ 15% oxygen.

Stationary Internal Combustion Engines

§129.97(g)(3)(i)(A) covering lean burn engines with a rating equal to or greater than 500 bhp has been revised to include non-commercial gaseous fuel.

§129.97(g)(3)(i)(B) covering lean burn engines with a rating equal to or greater than 500 bhp has been revised to include non-commercial gaseous fuel and the numeric VOC limit has been revised to 1.0 gram VOC/bhp-hr excluding formaldehyde from 0.4 gram VOC/bhp-hr.  The formaldehyde exclusion is new.

§129.97(g)(3)(iii)(A) and (B) regulating NOX and VOC emissions, respectively from rich burn engines with a rating equal to or greater than 500 bhp have been revised to include non-commercial gaseous fuel.

Schedule

§129.97(k)(2)(v) regarding final compliance dates for facilities that cannot meet a RACT 2 requirement without installation of an air cleaning device has been revised to allow the facility to petition the PADEP for an alternative compliance date up to three (3) years following written approval of the petition by PADEP.

25 Pa. Code §129.98 – Facility-wide or system-wide NOx emissions averaging

§129.98(a) detailing the averaging provisions of the rule has been revised to specify that “system wide emissions averaging must be among sources under common control of the same owner or operator within the same ozone nonattainment area” in Pennsylvania.

§129.98(b) has been revised to require that a written NOX emissions averaging plan must be submitted as part of an application for an operating permit modification or a plan approval.

§129.98(c) has been revised to include clarifying language.

§129.98(d) has been clarified and has been revised to remove the “90% clause” where the 30 day rolling average NOX emissions could not exceed 90% of the allowable NOX emissions associated with the group of sources.

The calculation procedures of §129.98(e) have been revised to remove the “90% clause” and have been clarified.  §129.98(f) through (m) has been revised to include clarifying language.

In addition, §129.98(m) has been revised to specify that the owner/operator of the air contamination sources included in a facility-wide or system-wide NOX emissions averaging plan shall be liable for a violation of an applicable NOX RACT requirement or NOX RACT emission limitation at each source included in the NOX emission averaging plan.

25 Pa. Code §129.99 – Alternative RACT proposal and petition for alternative compliance schedule

§129.98(a) was revised to remove references to facility-wide or system-wide NOX averaging plans.

§129.98(h) was revised to include clarifying language.

§129.98(h)(2)(v) was revised to specify a final compliance date as soon as possible, but not later than three (3) years after PADEP approval of a petition for an alternative compliance schedule and included case-by-case approval provisions in cases where the petition is for the replacement of an existing source.

25 Pa. Code §129.100 – Compliance demonstration and recordkeeping requirements

§129.100(a)(1), regarding air contamination sources equipped with CEMS, was revised to exclude Portland cement kilns and municipal waste combustors.

§129.100(a)(1)(i)(A) through (C) is new and was added to specify how a 30-day rolling average emission rate for a combustion unit shall be calculated and expressed.

§129.100(a)(1)(ii) is new and was added to specify that emissions shall be calculated for each consecutive day.

§129.100(a)(1)(iii) is new and was added to specify that emission calculations shall include emissions associated with startup, shutdown and malfunction.

§129.100(a)(2), regarding air contamination sources not equipped with CEMS, was revised to specify that compliance emission tests must be conducted every five (5) years.

§129.100(a)(3) is new and specifies that for Portland cement kilns equipped with a CEMS, monitoring of clinker production in accordance with 40 CFR §63.1350(d) (Cement MACT) is required.

§129.100(a)(4) is new and specifies that for municipal waste combustors equipped with CEMS, monitoring and testing must be in accordance with Chapter 139 Subchapter C requirements.

§129.100(d)(3) regarding the five (5) year records retention requirement has been removed.

§129.100(e) and (f) have been revised to reference the beginning of the compliance date specified in §129.97(a).

§129.100(g) has been revised to remove the reference to a “permanently bound log book” language and replace a second reference of “log book” with the term “record.”

§129.100(j) has been added to reinstate the five (5) year record retention requirement and availability of such records for PADEP inspection.

Conclusion

As outlined above, PADEP has made numerous revisions, clarifications, and additions to the final form RACT 2 rule.  ALL4 is very familiar with the development and the content of the rule and will be attending the November 7, 2014 AQTAC meeting.  We are available to discuss potential RACT 2 applicability, schedule, impacts, and options for your facility.  Please contact Roy Rakiewicz at (610) 933-5246 ext. 127 or at rrakiewicz@all4inc.com.   Thanks for reading.

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