N.H. Code Admin. R. Env-A 1315.06 – Issuance of NOx RACT Order

(a) After considering all public comment received and within 60 days of the date of the public hearing on the proposed NOx RACT order, the department shall issue a final NOx RACT order to the owner or operator of the affected source, device, or process.
(b) Within 60 days of the issuance of a final NOx RACT order, the department shall submit to EPA a revision to the SIP to reflect the NOx RACT order.
(c) Upon issuance of the final NOx RACT order, the department shall issue a permit to the owner or operator of the affected source, device, or process which incorporates all of the terms and conditions of the final NOx RACT order.
(d) The owner or operator of any source, device, or process for which a final NOx RACT order has been issued shall comply with all of the terms and conditions of the final NOx RACT order immediately upon the issuance of such order by the department.
1. (1) The equipment is attached to a foundation.
2. (2) The boiler or a replacement remains at a location within the facility and performs the same or similar function for more than 12 consecutive months, unless the regulatory agency approves an extension. An extension may be granted by the regulating agency upon petition by the owner or operator of a unit specifying the basis for such a request. Any temporary boiler that replaces a temporary boiler at a location within the facility and performs the same or similar function will be included in calculating the consecutive time period unless there is a gap in operation of 12 months or more.
3. (3) The equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for at least 3 months each year.
4. (4) The equipment is moved from one location to another within the facility but continues to perform the same or similar function and serve the same electricity, steam, and/or hot water system in an attempt to circumvent the residence time requirements of this definition.
Source. (See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1316.06)
Appendix A: State and Federal Statutes Implemented
Rule Section(s)
State Statute(s) Implemented
Federal Statute(s) Implemented
Env-A 1300
RSA 125-C:6, II and XI
42 U.S.C. Sections 7410, 7502(c) & 7511c
Env-A 1303.02 and Env-A 1303.04
RSA 125-C:6, II and XI
42 U.S.C. Sections 7410, 7502(c) & 7511c
Appendix B: Federal Definitions
40 CFR 60, subpart BBBB:
Section 60.1940:
“Startup period” means the period when a municipal waste combustion unit begins the continuous combustion of municipal solid waste. It does not include any warmup period during which the municipal waste combustion unit combusts fossil fuel or other solid waste fuel but receives no municipal solid waste..
40 CFR 60, subpart IIII:
All terms that are used in this subpart and are not defined below are given the same meaning as in the Act and in subpart A of this part.
Section 60.4219:
“Spark ignition” means relating to a gasoline, natural gas, or liquefied petroleum gas fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Dual-fuel engines in which a liquid fuel (typically diesel fuel) is used for compression ignition and gaseous fuel (typically natural gas) is used as the primary fuel at an annual average ratio of less than 2 parts diesel fuel to 100 parts total fuel on an energy equivalent basis are spark ignition engines.
“Stationary internal combustion engine” means any internal combustion engine (ICE), except combustion turbines, that converts heat energy into mechanical work and is not mobile. Stationary ICE differ from mobile ICE in that a stationary internal combustion engine is not a nonroad engine as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of that definition), and is not used to propel a motor vehicle, aircraft, or a vehicle used solely for competition. Stationary ICE include reciprocating ICE, rotary ICE, and other ICE, except combustion turbines.
40 CFR 60, subpart JJJJ:
Section 60.4248:
“Lean burn engine” means any two-stroke or four-stroke spark ignited engine that does not meet the definition of a rich burn engine.
“Rich burn engine” means any four-stroke spark ignited engine where the manufacturer's recommended operating air/fuel ratio divided by the stoichiometric air/fuel ratio at full load conditions is less than or equal to 1.1. Engines originally manufactured as rich burn engines, but modified prior to June 12, 2006, with passive emission control technology for NOX (such as pre-combustion chambers) will be considered lean burn engines. Also, existing engines where there are no manufacturer's recommendations regarding air/fuel ratio will be considered a rich burn engine if the excess oxygen content of the exhaust at full load conditions is less than or equal to 2 percent.
40 CFR 63, subpart JJJJJJ:
Section 63.11237:
“Temporary boiler” means any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one location to another by means of, for example, wheels, skids, carrying handles, dollies, trailers, or platforms. A boiler is not a temporary boiler if any one of the following conditions exists: