[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31744]


[Federal Register: December 28, 1994]


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40 CFR Part 60
40 CFR Part 60

[AD-FRL-5128-4]


Standards of Performance for New Stationary Sources: Industrial-
Commercial-Institutional Steam Generating Units; Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed 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 action proposes to approve a facility-
specific NOX standard for a steam generating unit which 
simultaneously combusts fossil fuel and chemical byproduct waste (vent 
gas) at the Cytec Industries Fortier Plant located in Westwego, 
Louisiana.

DATES: Comments. Comments on the proposed revision must be received by 
January 27, 1995

ADDRESSES: Comments. Comments on the proposed revision should be 
submitted (in duplicate, if possible) to: The Air and Radiation Docket 
and Information Center, 401 M Street, SW, Washington, DC 20460, 
attention Docket Number A-94-48.
    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 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, 
Standards Development Branch, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711.

SUPPLEMENTARY INFORMATION:

Background

    Combustion is one means for disposal of chemical by-product wastes. 
Combustion in a flare or an incinerator is effective, in terms of 
disposal of the waste, but provides no additional benefit. Combustion 
in a steam generating unit, on the other hand, provides the benefit of 
energy recovery, thereby reducing overall energy consumption and 
conserving energy resources.
    Depending on the composition of the waste, however, combustion of 
chemical by-product waste may be an emission source of toxic air 
pollutants. For this reason, steam generating units are a source 
category scheduled for regulation by national emissions standards for 
hazardous air pollutants (NESHAP) under section 112 of the Clean Air 
Act by November 15, 2000.
    Currently, any steam generating unit which commenced construction, 
modification, or reconstruction after June 19, 1984 and is capable of 
combusting greater than 100 million Btu per hour of fossil fuel or a 
combination of fossil fuel with other fuels or wastes is subject to 
NSPS. These NSPS are codified under 40 CFR part 60 as subpart Db and 
include emission limits for NOX.
    These NSPS allow for two different NOX emission limits for 
steam generating units that combust either natural gas or distillate 
oil, depending on whether the steam generating unit has a low heat 
release rate or high heat release rate. A low heat release rate is 
defined in the NSPS as being 70,000 Btu/hour-cubic foot or less; a high 
heat release rate is greater than 70,000 Btu/hour-cubic foot. The 
NOX emission limit for low heat release rate steam generating 
units that combust either natural gas or distillate oil is 0.1 pounds 
per million Btu and for high heat release rate units it is 0.2 pounds 
per million Btu.
    The objective of the NSPS 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 is 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.
    In essence, if the by-product waste is gaseous in nature and it is 
combusted with natural gas or distillate oil, the equation in 
Sec. 60.44b(e) subjects the steam generating unit to the NOX 
emission rate for natural gas or distillate oil, which are the same 
under the NSPS. If the by-product waste is liquid in nature and it is 
combusted with residual oil, the equation subjects the steam generating 
unit to the NOX emission limit for residual oil. The heat input to 
the steam generating unit released by combustion of both the natural 
gas, distillate oil or residual oil, as well as the heat input released 
from combustion of the by-product waste, are used to determine 
compliance with the NOX emission limit.
    Finally, if the by-product waste is gaseous in nature or liquid in 
nature and is combusted with natural gas, distillate oil, residual oil, 
or coal, the equation subjects the steam generating unit to an NOX 
emission limit derived from the NOX emission limits for natural 
gas, distillate oil, residual oil, and coal. This NOX emission 
limit depends on the relative heat input to the steam generating unit 
provided by combustion of the gaseous and/or liquid by-product waste, 
natural gas, distillate oil, residual oil, and/or coal.
    As mentioned above, the objective of the NSPS is to limit NOX 
emissions from the combustion of fossil fuel. Consequently, in 
determining compliance with the NOX emission limits, NOX 
introduced into the steam generating unit with the combustion air or 
the fuel may be subtracted from NOX emissions released from the 
steam generating unit in determining compliance with the NOX 
emission limits under the NSPS. Such situations may arise where the 
exhaust from a gas turbine is used as a source of preheated combustion 
air to a steam generating unit. The gas turbine exhaust will contain 
NOX (which may be subject to the NOX emission limits in the 
NSPS applicable to gas turbines) and this NOX may be subtracted 
from the NOX released from the steam generating unit, in 
determining compliance with the NSPS applicable to steam generating 
units. Similarly, NOX contained in a by-product waste may be 
subtracted from the NOX released by the steam generating unit in 
determining compliance with the NSPS when the steam generating unit 
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 byproduct 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 byproduct 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 byproduct waste and operates the NOX control technology 
in the same manner it would be operated in 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 byproduct 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.

Cytec Industries Petition

    Cytec Industries of Westwego, Louisiana has submitted a petition 
for a facility-specific NOX standard under Sec. 60.44b(f) of 
Subpart Db. The facility-specific standard would apply to a steam 
generating unit referred to by Cytec Industries as their C.AOG off-gas 
incinerator. This steam generating unit has a heat input capacity of 
approximately 260 million Btu per hour and simultaneously combusts the 
fossil fuel natural gas with the chemical byproduct wastes (vent gas) 
described below. The C.AOG off-gas incinerator has a heat release rate 
of less than 70,000 Btu/hour-cubic foot, and is therefore a low heat 
release rate steam generating unit. Because the C.AOG off-gas 
incinerator combusts natural gas, its applicable NOX emission 
limit is the low heat release rate NOX emission limit for natural 
gas of 0.1 pounds per million Btu.
    The merits of the Cytec Industries petition are discussed below in 
terms of the components of a complete petition for a facility-specific 
NOX standard under Sec. 60.44b(f) of Subpart Db.

Component One: Fossil Fuel Compliance

    As discussed above, the first component of a complete petition 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. This ensures the steam generating unit has installed best 
demonstrated NOX control technology, identifies the NOX 
control technology, and identifies the manner in which the NOX 
control technology is operated to demonstrate compliance.
    Section 60.44b(f) states that the owner or operator must conduct a 
30-day performance test with the steam generating unit combusting 
fossil fuel alone to demonstrate compliance with the NOX emission 
limit for fossil fuel. The General Provisions of Part 60, however, 
permit the Administrator to waive the requirements for a performance 
test. Specifically, paragraph (b)(4) of Sec. 60.8, entitled Performance 
Tests, states the Administrator may waive the requirement for a 
performance test where the owner or operator demonstrates by other 
means to the satisfaction of the Administrator that the affected 
facility (i.e., the steam generating unit) is in compliance.
    While a 30-day performance test is the most direct means of 
ensuring that best demonstrated NOX control technology has been 
installed, Cytec Industries' C.AOG incinerator is not capable of 
combusting the fossil fuel (i.e., natural gas) at the full rated heat 
input capacity of the steam generating unit. Instead of conducting this 
performance test, Cytec Industries has submitted to the Administrator 
engineering calculations on NOX formation for its C.AOG 
incinerator.
    These calculations were made by employing a computer program 
written by Cytec Industries' C.AOG incinerator designer and 
manufacturer and by utilizing published equilibrium and kinetic data on 
NOX formation. Cytec Industries has installed staged air 
combustion on its C.AOG incinerator to control NOX emissions. This 
staged air combustion system effectively divides the combustion process 
into two zones: a fuel-rich or reducing zone and an oxygen-rich or 
oxidizing zone. To reduce NOX emissions, the staged air combustion 
system will operate with a maximum of 81 percent of the total inlet air 
entering the reducing zone. The computer program predicts the NOX 
emissions when combusting natural gas alone would be a maximum of 0.036 
pounds per million Btu. This is less than the 0.1 pounds per million 
Btu emission limit specified in subpart Db.
    The engineering calculations, data and information provided by 
Cytec Industries demonstrate to the Administrator's satisfaction that 
their C.AOG incinerator would comply with the NOX emission limit 
for fossil fuel (i.e., natural gas), if the steam generating unit 
combusted fossil fuel alone. Consequently, the requirement to conduct a 
30 day performance test is waived. However, this waiver is not to be 
construed as any abrogation of the Administrator's authority to require 
testing under section 114 of the Clean Air Act. In addition, the data 
and information provided by Cytec industries identifies staged air 
combustion as the best demonstrated technology installed to comply with 
Subpart Db. It also demonstrates that this technology will operate with 
a maximum of 81 percent of the inlet air provided to the reducing zone 
to demonstrate and maintain compliance with the NOX emission limit 
for fossil fuel.
    The Administrator considers the above data and information 
submitted by Cytec Industries sufficient to satisfy the criteria of 
component one of a complete petition.

Component Two: Fossil Fuel/Waste Noncompliance

    As discussed above, the second component of a complete petition is 
a demonstration that the steam generating unit's 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 byproduct waste under the same conditions 
used to demonstrate compliance on fossil fuel alone. This component of 
the petition must also identify the unique and specific properties of 
the chemical by-product waste(s) which prevent the steam generating 
unit from complying with the NOX emission limit for fossil fuel. 
Because Cytec Industries has no operating data yet on their C.AOG 
incinerator, they have submitted to the Administrator data and 
information on the composition of the wastes and the projected NOX 
emissions resulting from the combustion of the wastes.
    Cytec Industries' C.AOG incinerator was designed to destroy the 
hydrocarbons in absorber off gas (AOG) from its acrylonitrile 
production at its Fortier Plant. This AOG contains approximately 90 
percent nitrogen and its oxides and can not support combustion on its 
own. The C.AOG incinerator is also designed to accept relatively 
smaller vent gas volumes from an adjacent and related production unit 
(a methyl methacrylate plant), as well as vaporous hydrogen cyanide and 
acetonitrile, when conditions are such that they can not be condensed 
for sale.
    The waste materials (vent gas) being burned include 90 pounds of 
NOX per hour from the reactor waste gas, as well as a varying load 
of organic nitrogen compounds. Although Cytec Industries' C.AOG 
incinerator will employ staged air combustion to reduce NOX 
emissions, these emissions will still be above the 0.1 pounds per 
million Btu emission limit specified in Subpart Db. (This is still the 
case even when subtracting the incoming 90 pounds of NOX per hour 
from the reactor waste gas.) The computer program written by Cytec 
Industries' C.AOG incinerator designer and manufacturer predicts 
NOX emissions of 0.67 pounds per million Btu.
    The engineering calculations, data, and information provided by 
Cytec Industries demonstrates to the Administrator's satisfaction that 
the NOX control technology installed and operated in a manner to 
achieve compliance with the NOX emission limit for fossil fuel, if 
fossil fuel alone were combusted in the unit, is unable to achieve 
compliance with the fossil fuel NOX emission limit when a mixture 
of chemical byproduct waste and fossil fuel is combusted in the unit. 
It also indicates the reason is the high level of nitrogen and its 
oxides contained in the chemical byproduct wastes.
    The Administrator considers the above data and information 
submitted by Cytec Industries sufficient to satisfy the criteria of 
component two of a complete petition.

Component Three: Facility Specific NOX Standard

    As discussed above, the third component of a complete petition is 
data and/or analysis to support a facility-specific NOX standard 
for the steam generating unit when it simultaneously combusts fossil 
fuel and chemical byproduct waste and operates the NOX control 
technology in the manner it would be operated in to demonstrate and 
maintain compliance with the NOX emission limit for fossil fuel, 
if only fossil fuel were combusted in the unit. 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 to ensure operation of the NOX control 
technology at all times.
    As discussed above, the information and analysis supplied by Cytec 
Industries indicates:
    1. Staged air combustion is the technology installed to comply with 
the NOX emission limit for fossil fuel (i.e., natural gas).
    2. When combusting natural gas alone, this staged air combustion 
system will ensure compliance with the NOX emission limit of 0.1 
pounds per million Btu, when it is operated with 81 percent of the 
inlet air diverted to the reducing zone.
    3. When simultaneously combusting natural gas and chemical by 
product waste, this staged air combustion system will limit NOX 
emissions to 0.67 pounds per million Btu or less, when it is operated 
with a maximum of 81 percent of the inlet air diverted to the reducing 
zone.
    The information supplied by Cytec Industries also indicates 
NOX emissions, as well as air flow to the reducing and oxidizing 
zones, will be continuously measured and monitored to ensure operation 
of the NOX control technology in the manner it would be operated 
in to demonstrate and maintain compliance with the NOX emission 
limit for fossil fuel, if only fossil fuel were combusted.
    The Administrator considers the above data and information 
submitted by Cytec Industries sufficient to satisfy the criteria of 
component three of a complete petition.

Proposed Facility-Specific NOX Standard

    The Administrator considers the petition from Cytec Industries 
complete and proposes a facility-specific NOX standard for the 
C.AOG steam generating unit. The NOX standard for Cytec 
Industries' C.AOG incinerator when it simultaneously combusts natural 
gas (fossil fuel) with chemical byproduct waste (vent gas) is proposed 
as 0.67 pounds per million Btu. A continuous NOX monitor shall be 
used to monitor compliance with the NOX emission limit in 
accordance with the requirements of Subpart Db. In addition, the staged 
air combustion system shall be operated with a maximum of 81 percent of 
the total inlet air entering the reducing zone. The percent of total 
inlet air provided for the reducing zone shall be determined 
continuously 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.

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 ``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 fee, or lan 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 Production 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 of 1980 requires the identification 
of potentially adverse impacts of federal regulations upon small 
business entities. The Act 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, Cement industry, Coal, Electric power plants, 
Gasoline, Heaters, Intergovernmental relations, Natural gas, Nitrogen 
dioxide, Petroleum, Reporting and recordkeeping requirements, Steel, 
Waste treatment and disposal.

    Dated: December 20, 1994.
Carol M. Browner,
Administrator.
    Title 40, chapter I, part 60, of the Code of Federal Regulations is 
proposed to be 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. 7401-7601.

    2. Section 60.49b is amended by adding paragraph (s) to read 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 
byproduct 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 byproduct 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 or operator of the C.AOG incinerator shall perform 
all the applicable reporting and recordkeeping requirements of 
Sec. 60.49b.

[FR Doc. 94-31744 Filed 12-27-94; 8:45 am]
BILLING CODE 6560-50-P