[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Rules and Regulations]
[Pages 28061-28063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13154]
[[Page 28061]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-5211-4]
RIN 2060-AF92
Standards of Performance for New Stationary Sources: Industrial-
Commercial-Institutional Steam Generating Units; Kentucky
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 by-product waste(s)
under certain conditions. This document promulgates a facility-specific
NOX standard for a steam generating unit which simultaneously
combusts fossil fuel and chemical by-product waste at the Rohm & Haas
Kentucky Plant located in Louisville, Kentucky.
EFFECTIVE DATE: May 30, 1995.
ADDRESSES: Docket. Docket Number A-94-49, containing supporting
information used in developing the proposed revision, is available for
public inspection and copying between the hours of 8 a.m. and 5:30
p.m., Monday through Friday (except for government holidays), at The
Air and Radiation Docket and Information Center, 401 M Street, SW.,
Washington, DC 20460. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. George Smith at (919) 541-1549,
Combustion Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711.
SUPPLEMENTARY INFORMATION:
I. 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.
II. Comments on the Proposed Standards
Two comment letters were received on the proposed standards. In
general, most of the comments in these letters were not within the
scope of this rulemaking. Today's action in the Federal Register, as
was pointed out in the proposal that preceded it (59 FR
[[Page 28062]] 66852, [December 28, 1994]), is simply implementing
provisions in the 1984 NSPS. The 1984 NSPS contains provisions for
approval of facility-specific NOX standards. The proposal
preceding today's action was not intended to reconsider the 1984 NSPS;
it was only intended to implement the provisions in the NSPS that
allows for facility-specific NOX standards.
Comments were received on employing the best NOX control, the
effects these NOX levels would have on local ozone attainment,
evaluation of dioxin formation as a result of the allowed NOX
levels, what level of NOX under what conditions would be
appropriate, and revisions to other parts of the 1984 NSPS. It appears
the commenters misunderstood the narrow focus of this rulemaking.
The focus of this rulemaking is to adopt a facility-specific
NOX standard for the steam generating unit when it simultaneously
combusts fossil fuel and chemical by-product waste which effectively
requires that the NOX control technology be operated 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.
One commenter expressed concern that the facility-specific standard
be strictly limited to those instances in which the high nitrogen waste
is being combusted. The standard does this. Section 60.49b(t)(2)(i)
states that when fossil fuel alone is combusted, the lower NOX
emission limit of 0.2 pounds per million Btu for fossil fuel in section
60.44b(a) applies. Only, when the high nitrogen waste is being
combusted with the fossil fuel does the facility-specific standard
apply.
Another commenter believed that a measurement of the position of
the air ratio control damper would be more appropriate inside the
boiler, rather than outside of the boiler by the position of the tee
handle. While the Administrator would agree with the commenter that a
measurement inside the boiler, rather than outside, would provide a
more direct indication of compliance with the intent of the standard,
it would be much more burdensome to check, particularly given the
requirement to check this parameter during each 8-hour operating shift.
If a change is made to the boiler tee handle, the change must be
reported to the EPA or the delegated local agency, and an appropriate
alternative compliance method will need to be determined. Consequently,
this aspect of the proposed standard has not been revised.
III. Administrative Requirements
A. 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, 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.
B. 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.
C. 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.
D. Judicial Review
Under section 307(b)(1) of the Act, judicial review of the actions
taken by this final rule is available only by the filing of a petition
for review in the U. S. Court of Appeals for the District of Columbia
Circuit within 60 days of publication of this action. Under section
307(b)(2) of the Act, the requirements that are the subject of this
final rule may not be challenged later in civil or criminal proceedings
brought by EPA to enforce these requirements.
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.Q
Dated: May 22, 1995.
Craol M. Browner,
Administrator.
List of Subjects in 40 CFR 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Electric power plants, Gasoline, Heaters,
Intergovernmental relations, Nitrogen dioxide, Petroleum, Reporting and
recordkeeping requirements.
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
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7411, 7414, and 7601(a).
Subpart Db--Standards of Performance for Industrial-Commercial-
Institutional Steam Generating Units
2. Section 60.49b is amended by reserving paragraph (s) and adding
paragraph (t) as follows:
Sec. 60.49b Reporting and recordkeeping requirements.
* * * * *
(s) [Reserved]
(t) Facility-specific nitrogen oxides standard for Rohm and Haas
Kentucky Incorporated's Boiler No. 100 located in Louisville, Kentucky:
(1) Definitions.
Air ratio control damper is defined as the part of the low nitrogen
oxides burner that is adjusted to control the split of total combustion
air delivered to [[Page 28063]] the reducing and oxidation portions of
the combustion flame.
Flue gas recirculation line is defined as the part of Boiler No.
100 that recirculates a portion of the boiler flue gas back into the
combustion air.
(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 fossil fuel and chemical by-product waste are
simultaneously combusted, the nitrogen oxides emission limit is 473 ng/
J (1.1 lb/million Btu), and the air ratio control damper tee handle
shall be at a minimum of 5 inches (12.7 centimeters) out of the boiler,
and the flue gas recirculation line shall be operated at a minimum of
10 percent open as indicated by its valve opening position indicator.
(3) Emission monitoring for nitrogen oxides. (i) The air ratio
control damper tee handle setting and the flue gas recirculation line
valve opening position indicator setting shall be recorded during each
8-hour operating shift.
(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 Boiler No. 100 shall submit a report on any excursions from
the limits required by paragraph (b)(2) of this section to the
Administrator with the quarterly report required by Sec. 60.49b(i).
(ii) The owner or operator of Boiler No. 100 shall keep records of
the monitoring required by paragraph (b)(3) of this section for a
period of 2 years following the date of such record.
(iii) The owner of operator of Boiler No. 100 shall perform all the
applicable reporting and recordkeeping requirements of Sec. 60.49b.
[FR Doc. 95-13154 Filed 5-26-95; 8:45 am]
BILLING CODE 6560-50-P
