[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14029-14031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7746]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-5449-8]
Standards of Performance for New Stationary Sources: Industrial-
Commercial-Institutional Steam Generating Units; Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final revision of rule.
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SUMMARY: New source performance standards (NSPS) limiting emissions of
nitrogen oxides (NOX) from industrial-commercial-institutional
steam generating units capable of combusting more than 100 million Btu
per hour were proposed on June 19, 1984 and were promulgated on
November 25, 1986. These standards limit NOX emissions from the
combustion of fossil fuels, as well as the combustion of fossil fuels
with other fuels or wastes. The standards include provisions for
facility-specific NOX standards for steam generating units which
simultaneously combust fossil fuel and chemical byproduct waste(s)
under certain conditions. This document approves a facility-specific
NOX
[[Page 14030]]
standard that was proposed on December 28, 1994 for a steam generating
unit which simultaneously combusts fossil fuel and chemical by-product
waste (vent gas) at the Cytec Industries Fortier Plant located in
Westwego, Louisiana.
EFFECTIVE DATE: March 29, 1996.
ADDRESSES: Docket. Docket Number A-94-48, containing supporting
information used in developing the proposed revision, is available for
public inspection and copying between the hours of 8:00 a.m. and 4:00
p.m., Monday through Friday (except for government holidays) at the
EPA's Air and Radiation Docket and Information Center, Room M1500, 401
M Street, SW., Washington, DC 20460. A reasonable fee may be charged
for copying.
FOR FURTHER INFORMATION CONTACT: Mr. George Smith at telephone number
(919) 541-1549, Emission Standards Division, Combustion Group (MD-13),
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711.
SUPPLEMENTARY INFORMATION:
Background
The objective of the NSPS, promulgated on November 25, 1986 is to
limit NOX emissions from the combustion of fossil fuel. For steam
generating units combusting by-product waste, the requirements of the
NSPS vary depending on the operation of the steam generating units.
During periods when only fossil fuel is combusted, the steam
generating unit must comply with the NOX emission limits in the
NSPS for fossil fuel. During periods when only by-product waste is
combusted, the steam generating unit may be subject to other
requirements or regulations which limit NOX emissions, but it is
not subject to NOX emission limits under the NSPS. In addition, if
the steam generating unit is subject to Federally enforceable permit
conditions limiting the amount of fossil fuel combusted in the steam
generating unit to an annual capacity factor of 10 percent or less, the
steam generating unit is not subject to NOX emission limits under
the NSPS when it simultaneously combusts fossil fuel and by-product
waste.
With the exception noted above, during periods when fossil fuel and
by-product waste are simultaneously combusted in a steam generating
unit, the unit must generally comply with NOX emission limits
under Sec. 60.44b(e) of the NSPS. Under Sec. 60.44b(e) the applicable
NOX emission limit depends on the nature of the by-product waste
combusted. In some situations, however, ``facility-specific'' NOX
emission limits developed under Sec. 60.44b(f) may apply. The order for
determining which NOX emission limit applies is as follows.
A steam generating unit simultaneously combusting fossil fuel and
by-product waste is expected to comply with the NOX emission limit
under Sec. 60.44b(e); only in a few situations may NOX emission
limits developed under Sec. 60.44b(f) apply. Section 60.44b(e) includes
an equation to determine the NOX emission limit applicable to a
steam generating unit when it simultaneously combusts fossil fuel and
by-product waste.
Only where a steam generating unit which simultaneously combusts
fossil fuel and by-product waste is unable to comply with the NOX
emission limit determined under Sec. 60.44b(e), might a facility-
specific NOX emission limit under Sec. 60.44b(f) apply. This
section permits a steam generating unit to petition the Administrator
for a facility-specific NOX emission limit. A facility-specific
NOX emission limit will be proposed and promulgated by the
Administrator for the steam generating unit, however, only where the
petition is judged to be complete.
To be considered complete, a petition for a facility-specific
NOX standard under Sec. 60.44b(f) consists of three components.
The first component is a demonstration that the steam generating unit
is able to comply with the NOX emission limit for fossil fuel when
combusting fossil fuel alone. The purposes of this provision are to
ensure that the steam generating unit has installed best demonstrated
NOX control technology, to identify the NOX control
technology installed, and to identify the manner in which this
technology is operated to achieve compliance with the NOX emission
limit for fossil fuel.
The second component of a complete petition is a demonstration that
this NOX control technology does not enable compliance with the
NOX emission limit for fossil fuel when the steam generating unit
simultaneously combusts fossil fuel with chemical by-product waste
under the same conditions used to demonstrate compliance on fossil fuel
alone. In addition, this component of the petition must identify what
unique and specific properties of the chemical by-product waste(s) are
responsible for preventing the steam generating unit from complying
with the NOX emission limit for fossil fuel.
The third component of a complete petition consists of data and/or
analysis to support a facility-specific NOX standard for the steam
generating unit when it simultaneously combusts fossil fuel and
chemical by-product waste and operates the NOX control technology
in the same manner in which it would be operated to demonstrate and
maintain compliance with the NOX emission limit for fossil fuel,
if only fossil fuel were combusted. This component of the petition must
identify the NOX emission limit(s) and/or operating parameter
limits, and appropriate testing, monitoring, reporting and
recordkeeping requirements which will ensure operation of the NOX
control technology and minimize NOX emissions at all times.
Upon receipt of a complete petition, the Administrator will propose
a facility-specific NOX standard for the steam generating unit
when it simultaneously combusts chemical by-product waste with fossil
fuel. The NOX standard will include the NOX emission limit(s)
and/or operating parameter limit(s) to ensure operation of the NOX
control technology at all times, as well as appropriate testing,
monitoring, reporting and recordkeeping requirements.
Comments on the Proposed Standards
After completing construction of its C.AOG incinerator, Cytec
Industries conducted tests of NOX emissions under actual operating
conditions. Cytec Industries has provided the emissions data from these
tests to the EPA (Agency). The actual emissions data comes very close
to what was predicted by the calculations made by Cytec Industries, and
thus demonstrates the actual need for the facility-specific NOX
standard.
Aside from the emissions data supplied to the Agency by Cytec
Industries, no other comments were received on the proposed standard.
Consequently, the Administrator has decided not to change the proposed
standard, and to promulgate it, as proposed.
Administrative Requirements
Executive Order 12866
Under Executive Order 12866 (58 FR 51735, (October 4, 1993)) , the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to OMB review and the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
1. Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy,
[[Page 14031]]
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities;
2. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
3. Materially alter the budgetary impact of entitlements, grants,
user fees, or land programs or the rights and obligations of recipients
thereof; or
4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This rule was classified ``non-significant'' under Executive Order
12866 and, therefore, was not reviewed by the Office of Management and
Budget.
Paperwork Reduction Act
The information collection requirements of the previously
promulgated NSPS under 40 CFR Part 60, Subpart Db were submitted to and
approved by the Office of Management and Budget. A copy of this
Information Collection Request (ICR) document (OMB control number 2060-
0135) may be obtained from Sandy Farmer, Information Policy Branch (PM-
223Y); U.S. Environmental Protection Agency; 401 M Street, SW;
Washington, DC 20460 or by calling (202) 260-2740. Today's changes to
the NSPS do not affect the information collection burden estimates made
previously. The information that is required to be collected for this
facility specific NOX standard is the same as for all other
affected facilities subject to these NSPS. Therefore, the ICR has not
been revised.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980 requires the
identification of potentially adverse impacts of Federal regulations
upon small business entities. The RFA specifically requires the
completion of a Regulatory Flexibility Analysis in those instances
where small business impacts are possible. Because this rulemaking
imposes no adverse economic impacts, a Regulatory Flexibility Analysis
has not been prepared.
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this rule will not have a significant economic impact on a
substantial number of small business entities.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control.
Dated: March 22, 1996.
Carol M. Browner,
Administrator.
Title 40, chapter I, part 60, of the Code of Federal Regulations is
amended to read as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
Subpart Db--Standards of Performance for Industrial Commercial-
Institutional Steam Generating Units
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.
2. Section 60.49b is amended by adding paragraph (s) as follows:
Sec. 60.49b Reporting and recordkeeping requirements.
* * * * *
(s) Facility specific nitrogen oxides standard for Cytec Industries
Fortier Plant's C.AOG incinerator located in Westwego, Louisiana:
(1) Definitions.
Oxidation zone is defined as the portion of the C.AOG incinerator
that extends from the inlet of the oxidizing zone combustion air to the
outlet gas stack.
Reducing zone is defined as the portion of the C.AOG incinerator
that extends from the burner section to the inlet of the oxidizing zone
combustion air.
Total inlet air is defined as the total amount of air introduced
into the C.AOG incinerator for combustion of natural gas and chemical
by-product waste and is equal to the sum of the air flow into the
reducing zone and the air flow into the oxidation zone.
(2) Standard for nitrogen oxides.
(i) When fossil fuel alone is combusted, the nitrogen oxides
emission limit for fossil fuel in Sec. 60.44b(a) applies.
(ii) When natural gas and chemical by-product waste are
simultaneously combusted, the nitrogen oxides emission limit is 289 ng/
J (0.67 lb/million Btu) and a maximum of 81 percent of the total inlet
air provided for combustion shall be provided to the reducing zone of
the C.AOG incinerator.
(3) Emission monitoring.
(i) The percent of total inlet air provided to the reducing zone
shall be determined at least every 15 minutes by measuring the air flow
of all the air entering the reducing zone and the air flow of all the
air entering the oxidation zone, and compliance with the percentage of
total inlet air that is provided to the reducing zone shall be
determined on a 3-hour average basis.
(ii) The nitrogen oxides emission limit shall be determined by the
compliance and performance test methods and procedures for nitrogen
oxides in Sec. 60.46b.
(iii) The monitoring of the nitrogen oxides emission limit shall be
performed in accordance with Sec. 60.48b.
(4) Reporting and recordkeeping requirements.
(i) The owner or operator of the C.AOG incinerator shall submit a
report on any excursions from the limits required by paragraph (a)(2)
of this section to the Administrator with the quarterly report required
by Sec. 60.49b(i).
(ii) The owner or operator of the C.AOG incinerator shall keep
records of the monitoring required by paragraph (a)(3) of this section
for a period of 2 years following the date of such record.
(iii) The owner of operator of the C.AOG incinerator shall perform
all the applicable reporting and recordkeeping requirements of
Sec. 60.49b.
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[FR Doc. 96-7746 Filed 3-28-96; 8:45 am]
BILLING CODE 6560-50-P
