[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