Department of Environmental Conservation

D E C banner

Section 9.0 New Stationary Source Measures

9.1 Introduction

In accordance with Part D of Title I of the CAA, states containing non-attainment areas are required to implement Reasonably Available Control Measures (RACM) to provide a means to attain the NAAQS for the pollutant in question.

The Department worked closely with the OTC to develop a series of model stationary source control measures to help alleviate the ozone problem within the non-attainment areas across the state. An initial list of approximately 1,000 control measures was compiled by the OTC and participating states. After a number of meetings, a short list of effective control measures was decided upon, which served as a basis for many of the rule changes featured in this chapter.

In addition to the reductions to be made by implementing these OTC-assisted measures, the Department also initiated rulemakings such as CAIR, a multi-state program that will target ozone problems around and downwind of areas with excessive precursor emissions.

Table 10.1 lists tentative milestone dates for the adoption of these new and/or revised stationary source control measures.

Table 10.1: Key Adoption Dates for New Stationary Source Measures
6 NYCRR Part Rule Name Proposal Published in State Register Regulatory Package to Environmental Board File Regulation with Secretary of State Regulation Effective
228, 235 Adhesives and Sealants 06-02-08 09-16-08 11-03-08 12-19-08
235 Consumer Products 06-02-08 09-16-08 11-03-08 12-19-08
234 Graphic Arts 06-02-08 09-16-08 11-03-08 12-19-08
241 Asphalt Formulation 06-02-08 09-16-08 11-03-08 12-19-08
243, 244, 245 Clean Air Interstate Rule (CAIR) 04-11-07 07-11-07 08-31-07 10-01-07
220-1 Portland Cement Plants 06-02-08 09-16-08 11-03-08 12-19-08
220-2 Glass Manufacturing 06-02-08 09-16-08 11-03-08 12-19-08
227-4 Asphalt Paving Production 06-02-08 09-16-08 11-03-08 12-19-08
227-2, 227-3 ICI Boilers RACT 06-02-08 09-16-08 11-03-08 12-19-08
200 MACT 06-02-08 09-16-08 11-03-08 12-19-08
222 Distributed Generation 06-02-08 09-16-08 11-03-08 12-19-08
227-2 HEDD 06-15-08 12-15-08 06-01-09 06-01-09

9.2 Part 228: Surface Coating Processes; Part 235: Consumer Products

In 2006 the OTC released its model rule for adhesives, sealants, adhesive primers and sealant primers. The Department intends to use this model rule as a guide in revising 6 NYCRR Part 228, "Surface Coating Processes," and Part 235, "Consumer Products."

EPA's consumer and commercial products rule was published September 11, 1998 (40 CFR Part 59 Subpart D). This Part 59 rule applied only to household adhesive use, and did not regulate adhesives used in commercial and industrial applications. The OTC's 2001 model rule proposed additional product categories and stricter standards, but its definitions of products generally exempted those products being sold in large containers.

The OTC 2006 model rule, based upon 1998 RACT and Best Available Retrofit Control Technology (BARCT) developments by CARB, places stricter VOC limits on a greater range of products. The proposed rule prohibits the sale or use of adhesives, sealants, adhesive primers or sealant primers in excess of its proposed VOC content limits after January 1, 2009. It also requires that labels have the product's VOC content clearly expressed, and presents an option for add-on control systems to meet the required content limit.

Emissions reductions should be observed for area sources as well as point sources, due to the variety of industrial and commercial applications for the subject products. Of the VOC reductions projected within the Ozone Transport Region (OTR), approximately 96 percent will come from area source reductions, while point sources are responsible for the remaining 4 percent reduction.

OTC's model rule will provide very effective reductions in VOC levels throughout New York State and the OTR. For area source VOC emissions, the OTC assumed a 64.4 percent reduction from uncontrolled levels, based upon the reduction estimations initially performed by CARB in 1998. Many point sources have been successful in installing control equipment yielding very high destruction efficiencies; for any of these sources with control systems exceeding 85 percent overall capture/destruction efficiency, no additional reductions were calculated, as they already meet the VOC control criteria. For point sources lacking control equipment, 64.4 percent was again assumed. As a result of these reductions, in 2009, OTC calculations predict that New York State will see a savings of 21.5 tons of VOC each summer day, or 3290 tons over the 153-day ozone season lasting from May 1-September 30.

Projected 2009 baseline inventory: 33.4 tons VOC per summer day

Assumed savings: 64.4% [conservative CARB estimate1]

2009 Control Inventory = 33.4 tons - (33.4 tons * .644) = 11.9 tons

2009 Benefit = 33.4 tons - 11.9 tons = 21.5 tons VOC per summer day

9.3 Part 235: Consumer Products

The Department will modify 6 NYCRR Part 235, "Consumer Products," under which a VOC content limit is placed on a range of consumer and commercial products. The products regulated include personal care, household, and automotive aftermarket products, as well as products purchased for use in commercial or institutional settings such as schools and hospitals.

A federal consumer and commercial products rule was published on September 11, 1998 as 40 CFR Part 59 Subpart D. In 2001 the OTC, feeling this rule regulated an inadequate portion of the consumer and commercial products inventory, developed model regulations for additional product categories and more stringent VOC limits. These suggestions were used as a basis for the VOC limits contained in Part 235, which took effect on January 1, 2005.

The OTC developed its 2006 model rule, finalized September 13, 2006, to again expand the VOC content limitations that participating states may adopt for their own programs. Included are limits to 13 new product categories, a more restrictive limit on one previously regulated category, and additional requirements for two other previously regulated categories. The OTC rule is influenced by amendments put forth by CARB in July 2005. The Department will again use the OTC's proposed model rule as a guideline for its amendment of Part 235.

CARB calculated per capita VOC reductions in conjunction with its 2005 rule. Because the proposed rule mirrors that of CARB so closely, it is assumed that a similar per capita savings will result, which equates to a yearly reduction of 0.122 lb/capita. These reductions come in addition to the 6.06 lb/capita witnessed from the 2001 model rule. Adoption and implementation of the OTC 2006 model rule will result in VOC emissions reductions of 3.7 tons per summer day and 566 tons over the ozone season in New York State in 2009. CARB estimated the average cost effectiveness of these amendments to be $4,000 per ton VOC reduced.

Projected 2009 baseline inventory: 183.3 tons VOC per summer day

Current Emission Factor: 6.06 lb per capita

Benefit from CARB 2005 amendments: 0.122 lb per capita

Assumed savings: = 1 - (6.06 - .122)/6.06 = 2.0%

2009 Control Inventory = 183.3 tons - (183.3 tons * .02) = 179.6

2009 Benefit = 183.3 tons - 179.6 tons = 3.7 tons VOC per summer day

9.4 Part 239: Portable Fuel Containers

The EPA recently finalized the rule, "Control of Hazardous Air Pollutants From Mobile Sources" (72 FR 8427-8570). This federal rule, required by Section 183(e) of the Clean Air Act, directs the EPA to regulate consumer and commercial products that are significant sources of VOC emissions. The Department is planning to use this federal rule as a basis for amending the existing 6 NYCRR Part 239, "Portable Fuel Container Spillage Control."

With this federal rule, the EPA sets regulations for portable fuel containers (PFCs), as well as for gasoline and passenger vehicles. The purpose is to significantly reduce emissions of hazardous air pollutants from mobile sources, referred to as "mobile source air toxics" (MSATs), to which exposure is known or suspected to cause serious health effects, including cancer. The PFC controls will considerably reduce such MSATs as benzene, 1,3-butadiene, formaldehyde, acetaldehyde, acrolein, and naphthalene.

Since the Department issued Part 239 in October 2002, a number of problems have been identified, as follows:

  1. An automatic shutoff feature, intended to cut off fuel flow when the tank reaches a prescribed level, has proven to be incompatible with many types of fuel tanks. This leads to additional spillage and has frustrated many consumers;
  2. Poor production quality of the PFCs, as demonstrated by a CARB compliance test resulting in nearly 50 percent failure of PFCs that have already been introduced to the market; and
  3. Storage of gasoline in non-regulated containers designed for other fluids, such as kerosene.

As a result of these issues, emissions will still be lost due to evaporation through the diurnal cycle, as well as through spillage. The federal rule contains methods considered "best available controls" to correct these problems. The anticipated modifications to Part 239 will:

  1. Eliminate the existing automatic shutoff feature, fill height and flow rate standards to simplify fueling and lessen spillage;
  2. Require certification and compliance of PFCs prior to their introduction to the market; and
  3. Expand the definition of a non-compliant container, effectively regulating diesel and kerosene containers in the same manner as PFCs

Along with these modifications, the EPA has issued a standard of 0.3 grams per gallon per day (g/gal/day) of hydrocarbons. This standard was established based upon the emissions from a can over a diurnal test cycle, and requires stringent compliance testing to ensure emissions control over the life of the product. This standard must be met for containers manufactured on or after January 1, 2009. These new requirements will reduce hydrocarbon emissions from uncontrolled fuel containers by approximately 75 percent.

Both area and non-road source inventories are expected to be affected by these amendments. Of the projected VOC emission reductions, approximately 70 percent will be attributed to the area source inventory. These changes come from reductions in diurnal and permeation emissions from storage, and transport/spillage emissions from re-fueling at gas pumps. The remaining 30 percent will be accounted for in the non-road source inventory, where emissions will be reduced during re-fueling of non-road sources (e.g. lawnmowers, personal watercraft, etc.).

9.5 Part 234: Graphic Arts

Amendments are being made to the graphic arts industry regulations under 6 NYCRR Part 234, "Graphic Arts." These amendments are in response to two Control Techniques Guidelines (CTG) documents published by the EPA in September 2006: "Control Techniques Guidelines for Flexible Package Printing" and "Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing." CAA Section 182(b)(2)(A) provides that for non-attainment areas designated moderate or worse, RACT provisions must be included in the applicable SIP for "each category of VOC sources in the area covered by a CTG document issued by the Administrator between the date of the enactment of the Clean Air Act Amendments of 1990 and the date of attainment." These CTGs present guidance in determining RACT for VOC emissions from inks, coatings, adhesives and cleaning materials within facilities that conduct the aforementioned printing processes.

Flexible package printing facilities incorporate rotogravure printing and flexographic printing. These processes result in two major sources of VOC emissions: evaporation of VOCs from inks, coatings, and adhesives; and evaporation of VOCs from cleaning materials. There are two approaches to target VOC emissions from inks, coatings and adhesives. One approach involves the addition or optimization of add-on controls such as capture systems (in a dryer, or through floor sweeps and hoods) and control devices (carbon adsorbers, thermal oxidizers, and catalytic oxidizers). The flexible package printing CTG presents the EPA's recommended control levels, which are based on the first installation date of the equipment. The second approach calls for the substitution of low-VOC inks such as waterborne inks assuming they do not compromise the quality of the process. The CTG suggests applying the control recommendations for inks, coatings, and adhesives to those presses with the potential to emit from the dryer, prior to controls, 25 tpy of VOCs or more (inks, coatings, and adhesives combined), a level chosen for its cost effectiveness.

The flexible package printing CTG suggests applying good work practices for cleaning materials, which entail keeping solvent containers closed whenever they are not in use, enclosing shop towels in containers, and transporting cleaning materials in closed containers or pipes. These recommendations apply to those flexible package printing operations that emit 15 lb/day or more of VOCs with no control, or an equivalent level on an alternate time basis (such as 450 lb/month or 3 tons per 12-month rolling period).

EPA's lithographic and letterpress CTG provides control recommendations for the use of fountain solutions, cleaning materials, and inks in offset lithographic printing; and cleaning materials and inks in letterpress printing, all of which contribute to VOC emissions through evaporation. Add-on controls, process modifications/work practices, and material reformulation/substitution are all ways to reduce emissions from these sources. Add-on controls in the form of capture systems and control devices are recommended for emissions from heatset web offset lithographic inks and heatset web letterpress inks, with specified control efficiencies dependent upon the first installation date. Because of low VOC emissions, the EPA proposes no controls for sheet-fed or coldset web inks or varnishes, waterborne coatings or radiation-cured materials. Keeping fountain solutions cool, or replacing their traditional alcohol component (isopropyl alcohol, n-propyl alcohol and ethanol) with a substitute such as glycol ethers, can reduce VOC evaporation. The CTG recommends cleaning materials with a specific vapor pressure, along with work practices as previously described.

For cost-effectiveness, EPA recommends applying add-on controls to those facilities with heatset web offset lithographic and heatset web letterpress printing presses with a PTE of 25 tpy VOCs. The fountain solution and cleaning material controls are recommended for any offset lithographic or letterpress printing facilities that emit 15 lb of VOC per day or more, not considering controls.

Cost analyses were performed by the EPA, for which details can be found in the CTG documents. These calculations included equipment, instrument and installation costs, as well as estimations of labor, maintenance, utility, and overhead costs. For flexible package printing, a catalytic oxidizer was analyzed under different operating scenarios, leading to estimated costs of $1,300-$5,700 per ton VOC removed. Lithographic and letterpress printing presses will see estimated costs of $2,010 per ton of VOC removed by controls on heatset inks; costs of $855/ton for cleaning materials; and an actual savings due to alcohol substitutes in fountain solutions. Consumers are not expected to incur any significant price increases.

9.6 Part 241: Asphalt Formulation

The Department is considering proposing changes to the use of cutback and emulsified asphalts in paving operations. The proposed ban on cutback asphalts and increased restrictions on emulsified asphalts will be made in 6 NYCRR Part 241, "Asphalt Formulation."

While cutback and emulsified asphalts are used in similar applications, they differ in how they are prepared. In preparing cutback asphalt, asphalt cement is blended with a diluent that is typically 25 to 45 percent by volume petroleum distillate. Emulsified asphalt preparation involves mixing asphalt cement with water and an emulsifying agent, such as soap. It is possible for emulsified asphalts to contain no VOCs, though some may contain up to 12 percent VOC by volume.

Currently, New York permits the use of cutback asphalt only during the cooler portion of the year from October 16 to May 1, and allows for emulsified asphalt to contain 2 to 12 percent VOCs, depending on the grade established by the American Society for Testing and Materials (ASTM). This proposed rule will have a similar, ozone-season ban on cutback asphalt; it will also limit the use of emulsified asphalt to that which contains not more than 0.5mL oil distillate from a 200mL sample-effectively 0.25 percent VOC content. Certain exemptions, when necessary, may be granted by the State Commissioner.

In calculating reductions resulting from these anticipated rule changes, an average baseline VOC content of 2.5 percent for emulsified asphalt was assumed. Thus, reducing the average VOC content from 2.5 percent to 0.25 percent represents a 90 percent reduction in emissions. This would lead to a projected savings of 16.5 tons VOC per summer day, or 2525 tons per ozone season for New York State in 2009. It is believed that no additional costs would be incurred from the use of low-VOC emulsified asphalts due to their current availability.

Projected 2009 baseline inventory: 18.3 tons VOC per summer day

Assumed baseline VOC content: 2.5%

Proposed VOC content limit: 0.25%

Assumed savings: = (2.5% - 0.25%)/2.5% = 90%

2009 Control Inventory = 18.3 tons - (18.3 tons * .90) = 1.83 tons

2009 Benefit = 18.3 tons - 1.83 tons = 16.5 tons VOC per summer day

9.7 Part 243: NOx Emissions Budget Ozone Season Trading Program; Part 244: NOx Emissions Budget Annual Trading Program; Part 245: SO2 Emissions Budget Annual Trading Program

On May 15, 2005, the EPA published a final administrative action finding that 28 states and the District of Columbia contribute significantly to non-attainment of the NAAQS for fine particles (PM2.5) and/or 8-hour ozone in downwind states. CAA Section 110(a)(2)(D) specifies the states' requirements to address this interstate transport. Under this obligation, EPA is requiring the upwind states to introduce control measures to reduce their emissions of SO2 and/or NOx, which are precursors of PM and ozone, within certain time constraints. Citing the possibility of highly cost-effective controls on EGUs, EPA introduced a cap-and-trade program within the CAIR states to ensure substantial reductions of SO2 and NOx. The entire EPA final action is generally known as the Clean Air Interstate Rule (CAIR).

New York is one of the states that contributes to both PM and ozone non-attainment in downwind states, and is therefore required to reduce SO2 and NOx levels. New York State's NOx-emitting sources significantly contribute to ground-level ozone pollution in Connecticut, New Jersey and Rhode Island. In turn, 10 states, along with the District of Columbia, directly contribute to New York State's own ozone pollution. The CAIR program was designed to ensure a collective effort in controlling this far-reaching problem.

To mirror the three model rules adopted by the EPA with CAIR, the Department adopted three new regulations: 6 NYCRR Part 243, "CAIR NOX Ozone Season Trading Program;" 6 NYCRR Part 244, "CAIR NOx Annual Trading Program;" and 6 NYCRR Part 245, "CAIR SO2 Trading Program." Additionally, Part 200, "General Provisions," was revised in order to facilitate the administration of these programs. Assuming all the affected states choose to achieve these reductions through EGU controls, then EGU SO2 emissions in the affected states would be capped at 3.6 million tons in 2010 and 2.5 million tons in 2015; and EGU annual NOx emissions would be capped at 1.5 million tons in 2009 and 1.3 million tons in 2015.

The EPA predicts widespread success in the reduction of NOx and SO2 through the implementation of CAIR. In the 23 states and District of Columbia affected by the annual NOx requirements, EPA estimates that CAIR will reduce annual NOx emissions by 1.2 million tons in 2009 and by 1.5 million tons in 2015. These region-wide emission reductions are indicative of the success estimated for New York State's reductions: state-wide, the EPA projects a 48 percent reduction from 2003 NOx levels by 2015. In conjunction with existing air quality regulations, CAIR will help 19 counties within the state reach attainment for 8-hr ozone by 2010. CAIR will also aid in bringing Erie and Niagara counties into attainment for 8-hr ozone by 2015. The nine remaining non-attainment counties will also see reductions of ground level ozone, albeit to levels still above the NAAQS. Assuming that upwind states are also able to achieve reductions through CAIR, these non-attainment areas will likely be more successful in reaching the NAAQS through further implementation of local emission controls.

The "Regulatory Impact Analysis for the Final Clean Air Interstate Rule" (RIA) released by EPA in March 2005 reported the costs associated with implementing CAIR if all affected states in the region make the required emissions reductions through the electric generating industry, and included a benefit-cost analysis demonstrating the substantial net economic benefits to society yielded by the rulemaking. The RIA estimates annual private compliance costs (1999 dollars) of $2.4 billion ($83.2 million NY) for 2010 and $3.6 billion ($123.8 million NY) for 2015. EPA analysis shows that this action will generate annual net benefits of $60.4-$71.4 billion (approximately $2.1 billion NY) in 2010 and $83.2-$98.5 billion (approximately $2.9 billion NY) in 2015.

Although the power industry will be impacted by the regulations on EGUs, the EPA claims that regional electricity prices will not be significantly impacted, and are actually predicted to be below 2000 levels in 2010 and 2015.

9.8 Subpart 220-1: Portland Cement Plants

The Department will target the reduction of NOx emissions with updates made to 6 NYCRR Part 220, "Portland Cement Plants." NOx is created during fuel combustion for the energy-intensive formation of cement. The state will investigate RACT controls to identify a feasible way to meet these reductions. In updating the rule, the regulations concerning portland cement plants will be identified as Subpart 220-1, as new regulations for glass manufacturing plants will be introduced as Subpart 220-2.

There are currently three portland cement plants in New York State (two long wet kilns, and one long dry kiln). Upon the introduction of NOx RACT in 1995, the Department promulgated revisions to Part 220 that required owners of these facilities to submit a plan that identified RACT and included a schedule for installation of RACT. An all-inclusive regulation could not be established, as the variation in technology demanded a distinct analysis and application of NOx controls that were reasonably available at the time. Despite advancements in NOx control technology and knowledge of portland cement plants, the uniqueness in plant designs still requires independent analyses. Therefore, DAR is proposing taking the same approach where each plant owner will be required to perform a RACT analysis that will identify the technology and level of control with a schedule for installation.

The OTC presented a 2006 model rule which encouraged states to study the variety of control technologies and implement those that were efficient and reasonable. The OTC guidelines proposed emissions limits of 3.88 lbs NOx per ton of clinker produced in long wet kilns, and 3.44 lbs NOx per ton of clinker for long dry kilns, both representing 60 percent reductions from uncontrolled levels. The exact reduction levels may vary as the Department works with the portland cement plants to achieve an economically and technologically reasonable level of control. To get an approximation of the reductions, MACTEC Inc. calculated the 2002 emission rate from each kiln and compared it to the guidelines proposed in the OTC 2006 model rule. Through this kiln-specific percent reduction analysis, reductions of 15.3 tons NOx per summer day, or 2,340 tons for the ozone season in 2009 were estimated. Manufacturer costs will vary widely depending on kiln type, fuel type, and other unique factors that affect the type of control technology that can be applied.

9.9 Subpart 220-2: Glass Manufacturing

The Department is proposing to implement a new regulation to limit the emissions of NOx formed by the high temperatures required in glass melting furnaces. The current 6 NYCRR Part 220, "Portland Cement Plants," will be altered to include a Subpart 220-2, under which the glass manufacturing plants within the state will be subject to certain restrictions. New York State currently does not contain specific emission limitation requirements, but will implement those NOx limits proposed by the OTC in their 2006 model rule.

There are several alternate control technology options to reduce NOx from glass furnaces. These include combustion modifications (low NOx burners, oxy-fuel firing, oxygen-enriched air staging), process modifications (fuel switching, batch preheat, electric boost), and post-combustion modifications (fuel reburn, selective catalytic reduction, selective non-catalytic reduction). Oxy-firing has proved to be the most effective control measure by reducing NOx emissions up to 85 percent, as well as reducing energy consumption, increasing production rates and improving glass quality.

The Department will implement the following NOx emission rate limits, as proposed by the OTC: For the production of container glass, pressed/blown glass, and fiberglass, 4.0 lbs NOx per ton of glass pulled, on a block 24-hr average; for the production of flat glass, 9.2 lbs NOx per ton of glass pulled on a block 24-hr average, or 7.0 lbs NOx per ton of glass pulled on a rolling 30-day average. The Department will work with glass plants to come up with an efficient use of technology to meet these standards.

An 85 percent reduction can be expected for glass furnaces within New York State. When applied to the projected 2009 base inventory, this percentage translates to a NOx reduction of 5.8 tons per summer day or 887 tons per ozone season.

Projected 2009 baseline inventory: 6.8 tons NOx per summer day

Assumed savings: 85%

2009 Control Inventory = 6.8 tons - (6.8 tons * .85) = 1.0 ton

2009 Benefit = 6.8 tons - 1.0 ton = 5.8 tons NOx per summer day

9.10 Subpart 227-4: Asphalt Paving Production

The Department is planning to revise 6 NYCRR Part 227, "Stationary Combustion Installations," to control emissions from hot mix asphalt production. The dryer operation is the main source of emissions in asphalt production plants, as high temperatures amid the presence of nitrogen and oxygen result in formation of NOx.

These NOx emissions reductions can efficiently be realized through the implementation of low-NOx burners and flue gas recirculation. The OTC, with its 2006 model rule, has proposed emission rate limits based on process type (batch or drum mix) and type of fuel, with each limit equating to a 35 percent reduction from uncontrolled levels. Also proposed is a requirement for minor sources to implement low-NOx burners. Best Management Practices are also encouraged. They could yield a substantial reduction in fuel use, benefiting the business and ultimately reducing NOx emissions.

These Best Management Practices include the following:

  1. Burner tune-ups: would possibly reduce NOx emissions by 10 percent;
  2. Stockpile management: covering, sloping, or paving beneath stockpiles could reduce moisture content by 25 percent, leading to a fuel consumption savings of 10-15 percent;
  3. Lowering mix temperature: ongoing research suggests that decreasing mix temperature by up to 20 percent may be possible, resulting in reduced fuel consumption; and
  4. Other general best practices, such as routine equipment inspections.

NOx emissions can be reduced by 25-40 percent with low-NOx burners, and by an additional 10 percent through addition of flue gas recirculation. For modeling purposes, a 35 percent NOx reduction was assumed, and applied to a database that represented only point sources, leading to some uncertainty over actual reduction numbers. Non-major area source asphalt plant emissions are not explicitly included in the area source inventory, and are therefore included under the ICI boiler category. In terms of reductions from point sources, New York State should see approximate NOx reductions of 70 lbs per summer day, or 5.4 tons for the ozone season in 2009.

The proposed control methods come at reasonable costs. Low-NOx burner costs are in the range of $500-$1,250 per ton of NOx reduced, and combining these with flue gas recirculation leads to costs of $1,000-$2,000 per ton of NOx removed, as calculated by the Department.

Projected 2009 baseline inventory: 0.1 tons NOx per summer day

Assumed savings: 35%

2009 Control Inventory = 0.1 tons - (0.1 tons * .35) = .065 tons

2009 Benefit = 0.1 tons - .065 tons = .035 tons NOx per summer day

9.11 Subpart 227-2: Reasonably Available Control Technology (RACT) for Major Sources of Oxides of Nitrogen (NOx); Subpart 227-3: Reasonably Available Control Technology (RACT) for Minor Sources of Oxides of Nitrogen (NOx)

With the modification of 6 NYCRR Subpart 227-2, "Reasonably Available Control Technology (RACT) for Major Sources of Oxides of Nitrogen (NOx)," stricter control requirements are being implemented for major stationary sources that contain natural gas and/or oil-fired Industrial/Commercial/Institutional (ICI) boilers, or combined cycle/cogeneration combustion turbines. Additionally, the existing 6 NYCRR Subpart 227-3, "Pre-2003 Nitrogen Oxides Emissions Budget and Allowance Program," will be repealed because the program's limited duration ended five years ago; in its place will be established a new Subpart 227-3, "Reasonably Available Control Technology (RACT) for Minor Sources of Oxides of Nitrogen (NOx)," that will set NOx emission controls for natural gas and/or oil-fired ICI boilers and simple cycle combustion turbines that are deemed minor sources. Those minor sources that are expected to be covered under Part 222, "Distributed Generation," will be exempt from Subpart 227-3.

Boilers combust fuel to produce heat and process steam. Industrial uses, such as those in chemical, paper, or petroleum plants, typically call for a heat input of 10-250 mmBtu/hr. Commercial and institutional facilities such as office buildings and hospitals are smaller on average, generally requiring boilers with a heat input less than 100 mmBtu/hr. Eighty percent of commercial and institutional boilers are smaller than 15 mmBtu/hr. The wide range of boiler uses lead to a variety of boiler designs, fuel types, and control systems, and as a result, there is high variability in emission rates and control options. The size classifications according to heat input are as follow:

Small boilers: 10 to 25 mmBtu/hr
Mid-size boilers: >25 to 100 mmBtu/hr
Large boilers: >100 to 250 mmBtu/hr
Very large boilers: >250 mmBtu/hr

The emission limits to be implemented with this rule revision will be based upon a combination of boiler size and fuel type. Unique boiler configurations may lead to problems meeting the proposed presumptive emission limits; in such events, case-by-case RACT determinations will be made.

Typically, all ICI boilers located at major facilities will be included in the point source emissions inventory. This inventory lists boilers individually, with their size and actual emissions expressed directly. ICI boilers at minor facilities are included in the area source emissions inventory. Emissions from these units are not listed individually, but are calculated from a record of total fuel consumption within the state.

Cost figures were collected by the Department and OTC from companies involved with the manufacture, installation and/or maintenance of combustion equipment. These figures are inclusive of installation and maintenance costs, and are presented below for the various size classifications, in terms of dollars per ton of NOx removed:

Small boilers - up to $1,000
Mid-size boilers (at major sources) - $2,500 to $4,500
Mid-size boilers (at minor sources) - $4,500 to $9,000
Large boilers - $1,500 to $3,000
Simple cycle combustion turbines - $2,500 to $4,500

9.12 Subpart 227-2: High Electric Demand Day Units

The Department currently plans to introduce provisions for High Electric Demand Day (HEDD) units into 6 NYCRR Subpart 227-2. HEDD units include EGUs that typically operate on peak ozone days when demand for electricity is very high. These peak-demand units can be among the dirtiest in the region. The Department is planning to propose regulations establishing appropriate operating parameters and emission controls for these units. Part 227-2 will reduce HEDD emissions from sources that are not located at major sources.

9.13 Part 222: Distributed Generation

The Department currently plans to introduce provisions for Distributed Generation into 6 NYCRR Part 222. Distributed generation sources are stationary internal combustion engines (ICEs) used to produce energy, and in some cases hot water or heat, for use within the facility at which it is located. These units serve to increase the reliability of electricity supply and help reduce overall energy costs for consumers. Distributed generation sources can add to ozone pollution issues as they are typically located in urban areas and generally have shorter stacks than central station power plants, causing emissions to impact those people living in the vicinity of the source. Due to the expanding distributed generation market, the Department is proposing a new rule, 6 NYCRR Part 222, "Distributed Generation." Modifications will also be made to 6 NYCRR Parts 200 and 201, and Subpart 227-2.

Included in the distributed generation category are "emergency power generating stationary internal combustion engines" and "demand response sources." Emergency generators operate for no more than 500 hours per year, and only when the usual supply of power is unavailable. Demand response sources operate under similar time constraints and act as a power source when the usual source is unavailable, or when called upon to reduce demand on the electric grid.

9.14 Part 200: General Provisions

The EPA has delegated authority to the Department to implement the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for major stationary sources which are subject to these requirements. Currently, Table 4 of 6 NYCRR Part 200, "General Provisions," contains NESHAP standards as of July 1, 2003. The EPA has promulgated several new NESHAP standards since this time. The Department has proposed, and expects to finalize adoption in Fall 2007, amendments to section 200.10 to incorporate NESHAPs since 2003.

Part 200 is also being updated to reflect new MACT guidelines for existing Other Solid Waste Incinerator (OSWI) units and large (unit capacity >250 tons per day (tpd)) Municipal Waste Combustors (MWCs). As mandated by CAA Sections 111 and 129, the EPA promulgated on December 16, 2005 Emission Guidelines for existing OSWI units under 40 CFR 60 Subpart FFFF; and promulgated on May 10, 2006 amendments to its previous guidelines for existing large MWCs under 40 CFR 60 Subpart Cb. The Department has proposed amendments to 6 NYCRR Part 200, Section 200.10 Table 2 to incorporate by reference the requirements of these updated guidelines which should be finally adopted by the Fall of 2007. Incorporating the referenced requirements will give the Department the needed authority to implement and enforce the requirements.


1 CARB 1998: California Air Resources Board, "Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Adhesives and Sealants," December 1998, p.18.