STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 13

PARTICULATE EMISSIONS FROM FOSSIL FUEL FIRED

STEAM OR HOT WATER GENERATING UNITS 

Effective 17 January 1973

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. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 13

PARTICULATE EMISSIONS FROM FOSSIL FUEL FIRED

STEAM OR HOT WATER GENERATING UNITS

Definitions

Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.  As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

"Emergency or standby basis" means the unit is available for use for
limited periods of time only in the case of sudden and unavoidable
failure of other generating units.

"Wood residue" means a waste by-product of the pulp and paper industry
which consists of bark, sawdust, slabs, chips, shavings, and mill trims.

"Secondary air" means air which is introduced to the furnace as compared
to primary air which is introduced with the fuel at the burner.

13.1.4	"Rotary cup burner" means any unit which provides atomization by
centrifugally dispersing the fuel from a rotating cup and utilizes
natural draft as a secondary air supply.

13.2	Limitations

13.2.1	No person shall cause or permit the emissions from a fossil fuel
or wood residue fired steam or hot water generating unit having a
maximum rated heat input capacity of one milliton Btu per hour or more
of particulate matter in excess of .10 pounds per million Btu actual
heat input.

13.2.2	New Generating Units

No person shall construct, install or modify a fossil fuel or wood
residue fired steam or hot water generating unit designed to burn
residual oil or wood residue and having a heat input capacity of one
million Btu per hour or more which utilizes a burner or burners of a
design not approved by the Director.  Design approval shall be based
upon criteria set forth in Subsection 13.3.2 of this regulation. 
Approval of burner design shall be obtained in conjunction

	with the required application for prior approval of the Director to
install the

fossil fuel fired steam or hot water generating unit (Sections 9.3 and
9.4 of Regulation 9).

13.2.3	Existing Generating Units

Prohibition of Rotary Cup Burners - No person shall operate or permit
the operation of a fossil fuel fired steam or hot water generating unit
burning residual oil and having a heat input capacity of one million Btu
per hour or more which utilizes a rotary cup burner or burners of a
design not approved by the Director.

13.3	Determination of Compliance

	13.3.1	Compliance with Section 13.2 shall be determined by emission
testing conducted by the owner or operator of the equipment according to
Method 5 of Appendix A to Part 60 of Title 40 of the Federal
Regulations, or by such other methods which may be approved by the
Department for stack testing for particulate emissions.

	13.3.2	In the absence of data from emission testing, as required above,
the Director may determine that a generating unit is or is not in
compliance with Section 13.2 based on information available to him
including, but not limited to, type of fuel burned, design of unit,
efficiency of air pollution control systems, operating and maintenance
procedures, and emission test results on similar units.

	13.3.3	The requirement of emission testing in accordance with
Subsection 13.3.1 of this regulation may be waived for a specific source
if the Director:

(a)	specifies or approves, in a specific case, the use of a reference
method with minor changes in methodology; or

(b)	approves the use of an equivalent or alternative method the results
of which he has determined to be adequate for indicating whether a
specific source is in compliance; or

(c)	finds that the owner or operator of a source has demonstrated by
other means to the Director's satisfaction that the source is in
compliance with the relevant emission standards.

13.4	Exemptions

	13.4.1	Subsection 13.2.3 shall not apply to those generating units for
which a demonstration is made to the satisfaction of the Director that
they:

		(a)	are used only in an emergency or a standby basis; or

		(b)	are able to maintain compliance with applicable regulations.

	13.4.2	The emissions limitation in Subsection 13.2.1 shall not apply to
those generating units that have received an approval under the
provisions of Subsections 8.3.2 and 8.3.3 of Air Pollution Control
Regulation No. 8. The following provisions shall apply for the duration
of such an approval:

(a)	If a source is approved under Subsection 8.3.2, then the average
particulate emission rate in any 24-hour period for all fuel burning
devices included in the approved emissions bubble shall not exceed 0.1
pounds per million Btu actual heat input; or

(b)	If a source is approved to burn high sulfur fuel oil under
Subsection 8.3.3, then the particulate emissions shall not exceed 0.15
pounds per million Btu actual heat input while high sulfur fuel oil is
being burned.

13.5	Compliance Schedule

	13.5.1	No person may utilize an unapproved burner unless he complies
with the requirements of Subsection 13.5.2. In the event that he chooses
to install a new burner or burners, it shall be done in accordance with
a schedule of dates submitted to the Director by 1 January 1980
including, but not limited to, the following:

(a)	Final plans for the installation of an approved burner or burners;

(b)	Purchase orders or contracts for installation;

(c)	A progress report on the status of the installation;

(d)	Commencement of installation;

(e)	Completion of installation and final compliance demonstrated as
expeditiously as practicable but not later than 31 December 1982; and

(f)	Verifications of parts (b), (c), (d) and (e) within five (5) days
through written confirmation to the Chief of the Division.

	13.5.2	If an owner or operator of a fossil fuel fired steam or hot
water generating unit 

utilizing an unapproved burner does not install an approvable burner
replacement, he must demonstrate compliance with Section 13.2 in
accordance with the procedures mandated in Section 13.3 as expeditiously
as practicable but not later than 31 December 1982.  An owner or
operator must also maintain and have available a record of actual
maintenance and operating procedures for each boiler.

General Provisions

Purpose

The purpose of this regulation is to limit emissions of particulate
matter from fossil fuel fired steam or hot water generating units.

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

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.

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, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Particulate Emissions from Fossil Fuel Fired
Steam or Hot Water Generating Units”, as amended, after due notice, is
hereby adopted and filed with the Secretary of State this ___29___ day
of ___June________, 2007_ 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 Island 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, 2007

Effective Date:       July 19, 2007

 

 

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