[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.

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    (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