P.1 

OAR Box 1865 

Prepped by Charmelle Mathews 

Document Number: 

171) VIII-A-1 

Docket Number: 

A-83-27 

Printed 12/3/2008 3:22:23 PM Sheet 171 of 198 
P.2 

« A'*w* 

A-83-27 

Friday 

January 13, 1989 

VII-A- l 

Part V 

Environmental 

Protection Agency 

40 CFR Part 60 

Standards of Performance for New 

Stationary Sources; Industrial-Commercial 

Institutional Steam Generating Units; 

Proposed Revision of Rule and Denial of 

Petitions for Reconsideration 
P.3 

1606 Federal Register / Vol. 54. No. 9 / Friday. January 13, 1989 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[AD-FRL-3483-21 

Standards of Performance for New 

Stationary Sources; IndustrialCommercial-lnstitutional Steam 

Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed revision of rule. 

SUMMARY: On November 25.1986, 

standards of performance were 

promulgated limiting emissions of 

particulate matter (PM) and nitrogen 

oxides (NO,) from industrialcommercial-institutional steam 

generating units with heat input 

capacities greater than 29 MW (100 

million Btu/hour) (51 FR 42768). 

Petitions for reconsideration of the NO, 

standards were submitted by the Utility 

Air Regulatory Group (UARG) and 

owners of the William H. Zimmer 

Generating Station (Cincinnati Gas & 

Electric Company, Columbus and 

Southern Ohio Electric Company, and 

the Dayton Power and Light Company; 

hereafter "Zimmer owners"), which 

presented information pertaining to 

steam generating units that operate at 

very low annual capacity factors. 

Consideration of these data and 

information has led to today's proposal 

to establish revised NO, performance 

testing and monitoring requirements for 

steam generating units with heat input 

capacities of greater than 73 MW (250 

million Btu/hour) that fire natural gas, 

distillate oil, and low nitrogen residual 

oil and that operate at very low annual 

capacity factors (i.e., less than 10 

percent). In addition, today's proposal 

would also exempt steam generating 

units with heat input capacities of less 

than 73 MW (250 million Btu/hour) that 

fire natural gas, distillate oil, and low 

nitrogen residual oil and that operate at 

very low annual capacity factors (i.e., 

less than 10 percent) from the NO, 

standards and performance testing and 

monitoring requirements. 

DATES: Comments. Comments on the 

proposed changes must be received by 

March 10,1989. 

Public hearing. If anyone requests to 

speak at a public hearing by February 2, 

1989, a public hearing will be held on 

February 9,1989, beginning at 10:00 a.m. 

Persons interested in attending the 

hearing should call Ms. Ann Eleanor at 

(919) 541-5578 to verify that a hearing 

will be held. Assistance will be 

available for persons with hearing 

impairments. 

Request to speak at hearing. Persons 

wishing to present oral testimony must 

request to speak at the public hearing by 

February 2.1989. 

ADDRESSES: Comments. Comments on 

the proposed changes should be 

submitted (in duplicate, if possible) to: 

Central Docket Section (LE-131), U.S. 

Environmental Protection Agency, 401 M 

Street, SW.. Washington, DC 20460. 

Attention: Docket Number A-79-02. 

Public hearing. If anyone requests a 

public hearing, it will be held at the 

EPA's Office of Administration 

Auditorium, Research Triangle Park, 

North Carolina. Persons interested in 

attending the hearing or wishing to 

present oral testimony should notify Ms. 

Ann Eleanor, Standards Development 

Branch (MD-13), U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, telephone 

number (919) 541-5578. 

Docket. Docket Number A-79-02, 

containing supporting information used 

in developing the proposed revision, is 

available for public inspection and 

copying between 8:00 a.m. and 4:00 p.m., 

Monday through Friday, at the EPA's 

Central Docket Section, South 

Conference Center, Room 4, Waterside 

Mall, 401 M Street, SW., Washington, 

DC 20460. A reasonable fee may be 

charged for copying. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Fred Porter {(919) 541-5251] 

Standards Development Branch. 

Emission Standards Division (MD-13), 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711. 

SUPPLEMENTARY INFORMATION:. 

Criteria for Review of the Petitions for 

Reconsideration 

The standards were promulgated 

under the procedures of section 307 of 

the Clean Air Act. The petitioners (i.e. 

UARG and Cincinnati Gas 4 Electric 

Company) have requested 

reconsideration under section 

307(d)(7)(B) of the Act. Section 

307(d)(7)(B) provides that "if the person 

raising an objection can demonstrate to 

the Administrator that it was 

impracticable to raise such objection 

within [the comment period] if the 

grounds for such objection arose after 

the period for public comment (but 

within the time specified for judicial 

review) and if such objection ia of 

central relevance to the outcome of the -

rule, the Administrator shall convene a 

proceeding for reconsideration of the 

rule [ ]." As the relevant House report 

explains, the purpose of section 

307(d)(7)(B) is to provide the Agency nn 

opportunity "to pass on the significance 

of the [new] materials and determine 

whether supplementary proceedings are 

called for or not." Legislative History of 

the Clean Air Act Amendments of 1977, 

Volume 4, p. 2790. 

In EPA's view, such objections are of 

central relevance only if they provide 

substantial support for the argument 

that the standards should be revised. 

See Denial of Petition to Revise NSPS 

for Stationary Gas Turbines, 45 FR 81653 

(December 11,1980); Response to 

Petition for Reconsideration and Final 

Amendments, NSPS for Petroleum Dry 

Cleaners, 50 FR 49022 (November 27, 

1985). 

In reviewing the reconsideration 

petitions of UARG and Cincinnati Cas & 

Electric Company, EPA has considered 

whether under section 307(d)(7)(B) of the 

Act, the petitions presented EPA with 

new material of central relevance to the 

rule that could not have been presented 

before.' As is discussed in detail 

elsewhere in today's Federal Register, it 

has decided that none of the petitions 

present that kind of material. 

Nevertheless, the Administrator has 

discretionary authority to reconsider or 

amend a rule at any time. The 

Administrator has determined that with 

respect to one issue raised by Cincinnati 

Gas & Electric and UARG—the NO, 

standard as applied to low capacity 

steam generating units burning certain 

oils or natural gas—EPA agrees with 

UARG and the Zimmer owners. The 

proposed rule exempted all units, 

regardless of size or fuel consumed, 

from continuous emission monitors 

(CEM) requirements for NO, if they 

operated at 30 percent capacity or less. 

The final rule modified the CEM 

exemption. It deleted the capacity factor 

criterion and substituted criteria related 

to size and fuel consumption in order to 

better fit the CEM requirement to the 

units most likely to generate large 

1

 Section 4(d) of Ihe Administrative Procedure 

Act (APAJ, U.S.C. 553(e). atatet "Each agency shall 

give an interested person the right to petition for 

i.yi»nf« amendment or repeal of a rule." Although 

•action Mi) of the APA also establishes a right to 

petition for administrative reconsideration, that 

provision almost certainly does not apply to 

petitions for reconsideration of regulations that are 

promulgated pursuant to the rulemaking provisions 

of section 307(d) of the Clean Air Act. See section 

307 (d)|1HN). 42 U.S.C. 7607(d)(l)(N). ('The 

prevision of section 553 through 557 * * * of title 5 

oflhe United States Code shall not. except as 

expressly provided In thia subsection, apply to 

action to which evaluating the petition for 

reconsideration under the APA are essentially Ihe 

same aa those for section 307(d)(7)(B) petitions. See 

Dodatof Petition to Revise NSPS for Stationary 

Can Turbines. 45 FR 81653-54. and decision cited 

therein. 

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P.4 

Federal Register / Vol. 54, No. 9 / Friday, January 13, 1989 / Proposed Rules 1607 

quantities of NOx. Upon further 

consideration, EPA agrees that it is not 

reasonable to require continuous 

emission monitoring of emissions from 

very low capacity factor steam 

generating units—even large ones— 

using certain low nitrogen fuels (very 

low nitrogen residual oil, distillate oil 

and natural gas). For that reason, EPA is 

proposing to revise the rule to require 

initial performance testing and annual 

testing of large steam generating units 

and is proposing to exempt small steam 

generating units from NO, standards. 

The basis for and the details of the 

proposed action are discussed below. 

Rationale for Proposed Amendments 

The UARG and the Zimmer owners 

submitted petitions for reconsideration 

requesting changes to the promulgated 

NO, standards as they applied to utility 

auxiliary steam generating units. As 

promulgated, the standards limited NO, 

emissions from industrial-commercialinstitutional steam generating units with 

heat input capacity greater than 29 MW 

(100 million Btu/hour) for which 

consideration commenced after June 19, 

1984 (51 FR 42788). 

As identified by the petitioners, utility 

auxiliary units are used at power plants 

to assist in start-up of the main steam 

generating unit. These auxiliary units 

operate mfrequently-and typically 

exhibit very low annual capacity factor 

levers. The petitions stated that the NO. 

standards would impose an 

unreasonable burden on these steam 

generating units. They, therefore, 

requested that the final NO, standards 

be amended to either: (1) Exempt utffity 

auxiliary steam generating units from 

the NO, standards; (2) exempt steam 

generating units from the NO, standard* 

that operate at very low annual capacity 

factor levers, such as 10 percent or less: 

or (3) reduce the burden imposed by the 

performance testing and muailuring 

requirements associated with the NO, 

standards on steam generating units that 

operate at such very low annual 

capacity factors. 

In support of its petition. UARG 

submitted data for 20 utility auxiliary 

steam generating units planned for 

construction in the 1988 to 1986 time 

period which would be sabfact ts the 

NO, standards, as promulgated. The 

annual capacity £actor of these units 

waa generally in the range of 5 to 0 

percent, although several were as low as 

2 aad 3 percent 

Review of a survey of awaers/ 

operators of new industrial steam 

geneeatinsj umtacoassrucssd betwaea 

1981 and 1981 whicfa the Agency 

conducted m lfl8*-t*9aff. tedfeaSfcs that 

utility auxiliary mmta«eriiot*m* oiiry 

type of steam generating units that 

operate at such low capacity factors. A 

limited number of industrial steam 

generating units also operate at very low 

annual capacity factors of 10 percent or 

less. These industrial units function as 

stand-by or back-up steam generating 

units that are operated only when the 

primary steam generating unit must be 

taken out of operation for some reason. 

The impacts of the promulgated NO, 

standards on steam generating units that 

operate at very low annual capacity 

factors are essentially the same whether 

the units are utility auxiliary units or 

industrial stand-by or back-up units. 

Consequently, the same provisions 

should apply to both utility auxiliary 

and industrial-commercial-institutional 

steam generating units. 

Review of the data submitted by the 

petitioners, as well as that contained in 

the survey mentioned above, indicates 

that very low annual capacity factor 

steam generating units tend to fire 

"clean" fuels such as natural gas, 

distillate oil, or low nitrogen residual 

oils (i.e., residual oils with nitrogen 

contents of 0.30 weight percent or less). 

Combustion of these "dean" fuels 

results in much lower NO, emissions 

than combustion of "dirty" fuels, such aa 

high nitrogen residual oils or coal 

Therefore, special provisions applicable 

to very tow annual capacity factor 

steam generating units should be limited 

to those units firing "clean** fuels in 

order to rrrinimrae NO, emissions from 

such units. 

WHh these considerations in mind, the 

impacts assodated with the 

promulgated NO, standards wo e 

reviewed for steam generating units 

firing natural gas, distillate art and low 

nitrogen residual oil at very low anneal 

capacity factors (i.e., less than 10 

percent). The impacts were reviewed in 

terms fo the annual cost of NO, control 

(induding the performance testing and 

monitoring requirements), the potential* 

NO, reduction from these units, and the 

cost effectiveness of the NO, standards. 

As promulgated, tiie NO, standards 

for a typical steam generating unit wrm 

a heat input capacity of 78 MW f25D 

million' Btu/hour) or less and firing 

natural gas, distillate orl, or low nitrogen 

residual oil are based on low excess air 

(LEA) operation. The standards require 

a 30-day htrtrrnl performance test 

continuous monitoring of either NO, 

emissions or combustion parameters 

indicative of NO, emissions, and the 

submittal of quarterly excess emission*, 

reports (semiannual reports &~iw excess 

emisskm*occarred). The-NO* standards 

for a large steamgenunitlug unR with a . 

heat input capacity greater than 73 MW * 

(25Dmilik» Btu/hour) and firing natural 

gas, distillate oil. or low nitrogen 

residual oil are based on staged 

combustion and low NO, burners. The 

standards require a 30-day initial 

performance test, continuous monitoring 

of NO, emissions using a continuous 

emission monitoring system (CEMS) for 

continuous compliance (including 

Appendix F quality assurance 

procedures), and the submittal of 

quarterly reports including emissions 

data and the results of the Appendix F 

procedures. 

Thus, the population of industrialcommercial-institutional steam 

generating units subject to the 

promulgated NO, standards can be 

divided into two groups for analysis. 

The impacts on a typical steam 

generating unit (Le., one with heat input 

capacities between 29 MW (100 million 

Btu/hour) and 73 MW (2S0 million Btu/ 

hour)] can be considered by examining a 

steam generating unit with a heat input 

capacity of 44 MW (150 million Btu/ 

hour). The impacts on a large steam 

generating unit (ie., one with a heat 

input capacity of greater than 73 MW 

(250 tmlitaa Bt&/hour)j can be 

considered by examining a steam 

generating unit with a heat input 

capacity of 117 MW (400 million Btu/ 

hour). 

For a typical steam generating unft 

with a heat mput capacity-of 44 MW 

. (150 million Btu/hour), operating at 10 

percent annual capacity factor, using 

LEA as the NO, control technique, and 

firing natural gas, distillate oil, or low 

nitrogen residual oil, the annual cost 

. associated with the NO, standards 

(control equipment, performance test, 

and monitor) would be $85,000 to $75,000 

per year. For a large-sized steam 

generating unit with a heat input 

capacity of 117 MW (400 million BW 

hour), operating at It) percent annual 

capacity factor, using staged combustion 

or low NO, bnrners to control NO, 

emissions, and firing natural gas, 

distillate oil, or low nitrogen residual oil 

the annual cost would be $130,000 to 

$150,000 per year. The NO, reductions 

that would be achieved by these steam 

generating units would be less than 2 

tons per year fer the typical unit and 

approximately 20 tons per year for the 

large unit. 

The estimated emission reductions 

associated with the standards are 

notable for the large steam generating 

unit The cost effectiveness of NO, 

control tor these veiy low. capacity 

units, however, appears to be quite high 

[Le. $5,000 to $8400 per ton of NO, far 

the large 117 MMT (400 miffiba Btu/hour) 

unit and $43,900 to $4SLflOO per ten of 

NO, for the typical 44 MW (150 million 
P.5 

1608 Federal Register / Vol. 54, No. 9 / Friday, January 13, 1989 / Proposed Rules 

Btu/hour) unit]. Since the cost 

effectiveness of NO, control is 

"driven,"in this case, by the cost of the 

performance testing and monitoring 

requirements, the impacts associated 

with alternative and less burdensome 

performance testing and monitoring 

requirements were analyzed. 

To derive these cost estimates, EPA 

assumed that all very low capacity 

factor units would vent to the 

atmosphere 100 percent of the steam 

generated in performance tests. Thus, 

the fuel used to fire these units is a 

major component of the cost of 

complying with the performance testing 

requirements of the current standards. 

The EPA solicits comments on the 

approach used to determine the cost 

effectiveness, especially the assumption 

that all steam would be vented to the 

atmosphere. 

The application of NO, control 

through the use of techniques such as 

LEA or staged combustion generally 

makes combustion more difficult to 

sustain in a steam generating unit. Thus, 

the unit generally becomes more 

difficult to operate and requires more 

frequent and greater operator attention. 

The natural tendency, therefore, is for 

the operator to decrease the amount of 

LEA or staged combustion in order to 

make operation of the steam generating 

unit easier. As this occurs, NO, 

emissions increase and NO, emission 

reductions decrease. 

As a result, continuous monitoring of 

NO, emissions (either directly by the 

' use of a continuous emission monitor, or 

indirectly by monitoring combustion 

parameters indicative of NO, emissions) 

is necessary to provide complete 

assurance of NO, emission reductions. 

As the frequency of NO, monitoring 

decreases, the assurance of actual NO, 

emission reductions decreases, and the 

NO, standards become less meaningful. 

The only alternative to continuous 

monitoring of NO, is periodic, shortterm NO, performance tests. Because 

this alternative is less rigorous than 

continuous monitoring, however, it will 

undoubtedly lead to some increase in 

NO, emissions above the levels that 

could be maintained through the use of 

continuous monitoring. Despite this 

drawback, periodic short term 

performance tests are a useful tool for 

enforcement and will permit 

enforcement personnel to monitor 

periodically the compliance status of 

steam generating units operating at very 

low annual capacity factors. 

The requirement of an initial 24-hour 

NO, performance test followed by 3-

hour NO, performance tests (conducted 

annually or after every 400 hours of 

operation, whichever comes first) 

reduces the cost effectiveness of the 

NO, standards to about $300 per ton for 

a large steam generating unit. For a 

typical steam generating unit, however, 

even these requirements result in a NO, 

cost effectiveness greater than $3,000 

per ton. 

The changes being proposed today, 

therefore, would amend the promulgated 

NO, standards in two ways. First, less 

burdensome performance testing and 

monitoring requirements for NO, 

emissions are proposed for large steam 

generating units [i.e., those greater than 

73 MW (250 million Btu/hour) heat 

input] firing natural gas, distillate oil, or 

low nitrogen residual oil (either alone or 

in combination), and operating at 10 

percent annual capacity factor or less. 

These units would be required to 

perform an initial short-term 

performance test (minimum 24-hour) for 

NO, emissions witiiin 60 days after 

achieving the maximum production rate, 

but not later than 180 days after initial 

start-up to demonstrate compliance with 

the NO, standards and to confirm their 

maximum heat input capacity. This 

initial test would be followed by a shortterm [minimum 3-hour) NO, 

performance test (conducted annually or 

after every 400 hours of operation, 

whichever comes first) to verify 

continued compliance using Method 7, 

7A, or other approved methods, or using 

a CEMS. 

Second, an exemption from the NO, 

standards and monitoring requirements 

is proposed for typical steam generating 

units [i.e., those of less than 73 MW (250 

million Btu/hour) heat input] that fire 

natural gas, distillate oil, or low nitrogen 

residual oil (either alone or in 

combination), and operate at 10 percent 

annual capacity factor or less. The 

reason for the exemption is the lack of a 

cost-effective method of monitoring No, 

emissions. These units would be 

required, however, to perform an initial 

short-term test (minimum 24-hour) to 

confirm their maximum heat input 

capacity. This is necessary to ensure 

that these steam generating units will, in 

fact, operate at 10 percent annual 

capacity factor or less. Sources will also 

be required to maintain fuel records to 

demonstrate that they are using the 

"clean" fuels. 

The estimated increase in No, 

emissions resulting from the proposed 

exemption for typical steam generating 

units is less than 50 tons per year. The 

promulgated standards projected 

approximately 25,000 tons of NO, 

reduction per year in the fifth year 

following promulgation. This proposed 

revision would affect fewer than 30 

steam generating units out of the 604 

units projected to be constructed in the 5 

years following promulgation. No solid 

waste or liquid waste environmental 

impacts are associated with these 

proposed revisions. 

Miscellaneous 

Under Executive Order 12291, a 

rulemaking action must be examined to 

determine if it is a "major rule" and, 

therefore, subject to certain 

requirements of the Order. Today's 

rulemaking action would result in none 

of the adverse economic effects set forth 

in section 1 of the Order as grounds for 

finding a regulation to be a "major rule." 

This rulemaking action would result in a 

reduced burden on the industrialcommercial-institutional steam 

generating unit source category. It would 

not result in any increase in costs or 

prices and would not disrupt market 

competition. This revision, therefore, 

would not be a "major rule" under 

Executive Order 12291. 

Under section 317 of the Clean Air 

Act, an economic impact assessment 

must be prepared for revisions that are 

determined to be substantial. These 

revisions are not substantial; as a result, 

an economic impact assessment has not 

been prepared. 

Pursuant to 5 U.S.C. 605(b), the 

Administrator certifies that these 

revisions would not have a significant 

impact on a substantial number of small 

entities. The revisions would reduce the 

burden on this source category, and it 

has already been determined that, in the 

absence of these revisions, the 

standards would not affect a substantial 

number of small entities (51 FR 42787 

and 42788, November 25,1986). 

Paperwork Reduction Act 

Changes to the information 

requirements as proposed in today's 

notice have been submitted for approval 

to the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. An 

Information Collection Request 

document has been prepared by EPA 

(ICR No. 1088) and a copy may be 

obtained by writing Carla Levesque, 

Information Policy Branch, 

Environmental Protection Agency, 401 M 

Street, SW. (PM-223), Washington, DC 

20460 or by calling (202) 382-2468. 

Public reporting burden for this 

collection of information is estimated to 

decrease 800 hours for large steam 

generating units [i.e., those greater than 

73 MW (250 million Btu/hour) heat 

input] that fire natural gas, distillate oil, 

or low nitrogen residual oil (either alone 

or in combination), and operate at 10 

percent annual capacity factor or less 

and 3,700 hours for steam generating 
I P.6 

Federal Register / Vol. 54. No. 9 / Friday, January 13, 1989 / Proposed Rules 1609 

to 

:e 

rth 

>r 

e." 

rt a 

uld 

dt. 

ot 

all 

he 

he 

ial 

il 

et 

M 

to 

n 

il. 

ne 

units with less than 73 MW (250 million 

Btu/hour) heat input that also fire 

natural gas, distillate oil. or low nitrogen 

residual oil (either alone or in 

combination), and operate at 10 percent 

annual capacity factor or less. 

Send comments regarding the burden 

estimate or any other aspect of this 

collection of information, induding 

suggestions for reducing this burden, to 

Chief. Information Policy Branch, PM223, U.S. Environmental Protection 

Agency, 401 M Street SW., Washington, 

DC 20460*. and to the Office of 

Information and Regulatory Affairs, 

Paperwork Redaction Project (2060-

1088), Office of Management and 

Budget. Washington, DC 20503. marked 

"Attention: Desk Officer for EPA." The 

final rule will respond to any OMB or 

public comments on die information 

collection requirements contained in this 

proposal. 

List of Subjects in 40 CFR Part 60 

Air pollution control. 

Intergovernmental relations, Reportmg 

and recordkeeping requirements. 

Date: January §, tsBS. 

Lee M. Tbaraaa, 

Admirn'strcrtor. 

PART 60—6TANOARD9 OF 

PERFORMANCE FOBNEW 

STATIONARY SOURCE** ' ' 

1. The authority citation for Part60.,,,.A 

continues to read as follows.' 

Authority: 42 UA C 7411. ,74Mb jMwl 788J(f$.; 

2. Section 89.44b » amended byrevising tin first phase of paragraphs {if{ 

and (b$ and adding paragraphs (r)t fjfc.j 

and (kj as feftewst ' * * 

§ 60.44b Standee* for nttrcpan mddii •• - :< 

(a) Ensct^t aapmvdodwmkm*:•.- :---.,- -io*t 

p«ra^aph(k«tf thisaecoaft* * * : j..L 

(b) Except as provided uadsr- . .ssl 

paragraph (s-Jafts-fesacsisau-' * 1 ••,;•_ 

(i) Except aa inofidetfunder 

paragraph (j) of this sottflsn, eempnance 

with the emission limits under thia 

section is ilnliii isiwai — »*M dayttMlSgc 

average basis. 

(j) Compliance vri&iliuvemkmiat ,-*. 

limits under this section i»«*h*s«nTrine»*h -

on a 24-hour average basis fas-tist tnitiat" 

performeacs-1-ast and oaa 8-hour 

average basis lor subsapent. . 

performaaoe teats tot any a&rtadV~ -

facilities meetiqg dw htHomw^ aset- .-• 

criteria: 

(l)<»mbastaloaa^rin<iiii*iiaBithsi. • 

only natural gas, distillate oil. or 

. residual atl wiitsfa 

0.39 weight paeeeat •Hasse 

(2) have a combined annual capacity 

factor of 10 percent or less for natural 

gas. distillate oil, and residual oil with a 

nitrogen content of 0.30 weight percent 

or less; and 

(3) are subject to a Federally 

enforceable requirement limiting 

operation of the affected facility to the 

firing of natural gas, distillate oil. and/or 

residual oil with a nitrogen content of 

0.30 weight percent or less and limiting 

operation of the affected facility to a 

combined annual capacity factor of 10 

percent or less for natural gas, distillate 

oil, and residual oil with a nitrogen 

content of 0.30 weight percent or less. 

(k) Affected facilities that meet the 

criteria described in paragraph (j) of tiiis 

section, and that have a heat input 

capacity of 73 MW (250 million Btu/ 

hour) or less, are not subject to the 

nitrogen oxides emission limits under 

this section. 

3. Section 60.46b is amended by 

revising paragraph (c) and adding* 

paragraphs (gj and (a) as follows: 

§ 60.46b Compflanc* snd pertormaoct.. <. 

test methods and procedures for 

particulate matter and nitrogen oirides. 

* * * * ' # 

(cj Compliance with the nitrogen 

oxides emission staidards-uader 

§ 60.44b shail.be deteraMnedthrougts.: -

perfoiroaBoaieriiHife^oo^ipara^sjph 

(e), (f). or {gj.and (h):«f this jecdeo. •*<< ,:: 

applicable-•., ...,..; •••_,_.,, ;,.-.,;...-: '• •':•-. 

* "*...* • •,*.•• • ,-**"''"•*- - •'• • 

(g) Theowneror ope»ator"ofkit -'•"• ;';;J. 

affected facifriy described In Jfl044bfl7 , 

or*.44fj(k^ha*B*cWen*r^Bte-th» 

maximum h*eat mput eapaafy *oftn****e;

r

"

:

' 

steam genei uting miSt by operating the 

facility at mamnram cap'acrry-fbr 2i 

hoi»s.'TWrWmcmsrrnrrc^r-wiU^ 

during the initial performance test for 

afifeatsslfacaB^iesrhataata-siagisa •""•» 

criteria of 9 8M*bf*»**.-wifl he mmlm- • " 

withincWdajn stoat-hm-da-ft**' 

maximum pug-iudlon raM at which thv ••" 

affected facia ty wiUheapastsdTlm»^ .*••>. 

not later-aaBlMdayss-^rlajlttat-BtBit^l 

up of each facility, fer -sHeetBd fadHtiar < 

meet theuistisln af iMtMbfR*- • 

SubsopiMt litiiu—lislliins marb«j 

required a*! aay o*tia» *•»«*»*>"> '* •' 

demnnatrs*ik****rindk*e-t*» 

maxrmmnhenrtB-fxAcapaett-riaMs--'! *r" 

afTectmi:jfadlhYJsla«*m«thatstatti*!-i 

by the manuhsBbamrirfaWaOtctal =•* ' 

fadliry;*m**TMiBTSB)Mmhtrt'h«a*'t'''i'^--'•-' 

demonstt-srfan afca-M to tsaedtw 

dete-rmimt-fcet^sM My irtsmartnarata' > 

forthes-mwmdfaimla ty*mn\tki*&p; 

IIIIIIIB—si Is al saps* capacity poatfs**}^>> 

'•\ WS 'i-V vn A' 

(h) The owner or operator of an 

affected facility described in § 60.44b(j) 

shall: 

(1) conduct an initial performance test 

as required under § 60.8 over a minimum 

of 24 consecutive steam generating unit 

operating hours at maximum heat input 

capacity to demonstrate compliance 

with the nitrogen oxides emission 

standards under § 60.44b using Method 

7, Method 7 A, or other approved 

reference methods, or using a 

continuous emission monitoring system 

(CEMS); and 

(2) determine nitrogen oxides 

emissions after the initial performance 

test once per calendar year or every 400 

hours of operation (whichever comes 

first) using Method 7, Method 7 A, or 

other approved reference methods, or 

using a continuous emission monitoring 

system (CEMS). 

4. Section 60.48b is amended by 

revising paragraph [b] and adding 

paragraph (i) as follows; 

96048b Emission monitoring f or 

particulate matter and nitrogea oxides. 

• * * * • 

(b) Except as provided under 

paragraphs (gj, (h), and (1) of this -

section, the owner or operator of an 

affected facility • abject to the nitrogen 

oxides standards wider 9 80.44b shall 

install, calibrate, maintain, and operate 

a continuous monitoring system for 

measuring nitrogen oxides emissions 

discharged Jta Iha atmosphere and 

record the outaut of the system. 

* , * * * _. . •.. ___ *» .. 

\i) The owner or operator, of a* 

affected facmtj*, described in 19 80.44b(j) 

or 60.44b(k) is not required to install or 

operate, a continuous monitoring system 

to measure nitrogen oxides emissions. 

5. Section 60.49b Is amended by 

revising paragraphs\\h__2_ [b), (e), and 

thetrrtrod-actory text of paragraph (gj 

and adding paragraphs (p) and (cj as 

follows: 

560.48b Reporting snd racordksaplut 

ra<)uli aiuants.. 

(a) *•*' . 

(2) if applkabisu-a copy of any 

Federally enforceable requirement that 

limits the annual capacity factor for any 

fuel or mixture of fuels under. 

19 60.42htd)fD, «0.43bra1(2). 

60.43b(a)(3)(iiil, 8043b(c)(2)(iiK 

60.43b((fl(2?tHn;»44bfcVt)0.44b(d). 

60.44b(e>ea44hff), tJrM4bf)); 60.44bf». 

60.480(4^ eo^offf, eo.4§N^. or 

60.48b«t - , 

(O^ M^^*vlnl6Mr-flp6lfltOf tn C90t 

affectewfacffirH«tifbef te the sunsdioxidsi. pmlli-dlBlti nmtOir. and/or 
P.7 

1610 Federal Register / Vol. 54, No, 9 / Friday, January 13, 1989 / Proposed Rules 

nitrogen oxides emission limits under 

§§ 60.42b, 60.43b, and 60.44b. shall 

submit to the Administrator the 

performance test data from the initial 

performance test and the performance 

evaluation of the CEMS using the 

applicable performance specifications in 

Appendix B. The owner or operator of 

each affected facility described in 

§§ 60.44b(j) or 60.44b(k) shall submit to 

the Administrator the maximum heat 

input capacity data from the 

demonstration of the maximum heat 

input capacity of the affected facility. 

**** * 

(e) For an affected facility that 

combusts residual oil and meets the 

criteria under 99 60.46b(e)(4), 60.44b(j), 

or 60.44b(k), the owner or operator shall 

maintain records of the nitrogen content 

of the residual oil combusted in the 

affected facility and calculate the 

average fuel nitrogen content on a per 

calendar quarter basis. The nitrogen 

content shall be determined using 

ASTM Method D3431-60. Test Method 

for Trace Nitrogen in Liquid Petroleum 

Hydrocarbons (IBR—see 9 80.17), or fuel 

suppliers. If residual oil blends are being 

combusted, fuel nitrogen specifications 

may be. prorated based on the ratio-of 

residual oUs of different nitrogen '-

content in the fuel blend. 7 

• • * '» • 

(g) Except as provided under 7 

paragraph (p) of this section, the owner 

and operator of an affected facility 

subject to the nitrogen oxides standards 

under 160.44b shall maintain records of 

the following information foreach steam 

generating unit operating day: 

• • • • • 

(p) The owner or operator of an 

affected facility described in 99 B9.44b(J) 

or 60.44b(k) shall maintain records of 

the following information for each steam 

generating unit operating day: 

(1) Calendar date. 

(2) The number of hours of operation, 

(q) The owner or operator of an 

affected facility that meets the criteria 

under 99 60.44b(j) or 60.44bfk) shall 

submit to the Administrator on a 

quarterly basis: 

(1) Results of any nitrogen oxides 

emission tests required during the 

quarter, 

(2) The annual capacity factor over 

the previous twelve months, 

(3) The average fuel nitrogen content 

during the quarter, if residual oil was 

fired; and. 

(4) If the affected facility meets the 

criteria described in 9 60.44b(j)» ihe. 

hours of operation during the quarter 

and the hours of operation since the last 

nitrogen oxides emission test. 

|FR Doc. 89-700 Filed 1-12-89; 8:45 am| 

BIUJNO COOC SMO-SO-M 

40 CFR Part 60 

(AO-fRL-3504-9) 

Standards of Performance for New 

Stationary Sources; IndustrtatCommarewHnstrtutJonaJ Steam 

Generating Units 

AOINCV: Environmental Protection 

Agency (EPA). 

ACTION: Denial of petitions for 

reconsideration. 

SUMMARY: New source performance 

standards (NSPS) for new, modified, and 

reconstructed industrial-commercialinstitutional steam generating units with 

heat input capacities of more than 28 

MW (100 million Btu/hour) [other than 

those subject to Subpart Da) were 

promulgated on November 25,1986 (51 

FR 42788). as Subpart Db of 40 CFR Part 

60. These standard* limited emissions of 

particulate matter (PM) from industrialcommai-dal-institutional steam

 ; 

generating units firing coal, wood'and

 ; 

municipal solid wasteland nitrogen 

oxides (NOJ emissions from steam 

generating units firing natural gas. oil 

coal and waste by-product fuels. 

Additional standards promulgated on 

December 16.1987 (52 PR 47826), (united 

emissions of sulfur dioxide (SOi) from 

industrial-commercial-institutional 

steam generating units firing coal and 

oil, and PM emissions from units firing 

oil. 

Petitions requesting reconsideration of 

the standards of performance 

promulgated on November 25.1986* 

were submitted to the Agency in 

January 1987 by the Council of Industrial 

Boiler Owners (CffiO). Utility Air 

Regulatory Group (UARG). and the: 

owners of the William H. Zimmer . 

Generating Station (Cincinnati Gas aV 

Electric Company, Columbus and 

Southern Ohio Electric Company, and 

the Dayton Power and Light Company, 

referred to hereinafter as the Zimmer 

owners). Petitions requesting 

reconsideration of the standards of 

performance promulgated on December 

18.1987, were submitted to the Agency 

in February. March, and May1988. by 

CIBO, Hawaiian Electric Company 

(HECOL the Zimmer owners* and th» . 

American Paper Institute (API) together 

with the National Forest Products 

Association (NFPA). 

The issues raised by these petitioner 

do not meet the criteria for ' 

reconsideration of the rule as set out in 

section 307(d)(7)(B) of the Clean Air Act 

(CAA or the Act). The petitioners 

neither raised new objections that were 

impractical to present during the 

specified comment period nor presented 

new material of central relevance to the 

outcome of the rule. Because these 

petitions do not provide substantial 

support for revising the standards of 

performance promulgated on November 

25.1986, and December 18,1987. they 

are being denied in today's notice. 

However, using his discretionary 

authority to reconsider and amend a 

rule, the Administrator has decided that 

sufficient reason exists and, therefore, is 

proposing revisions to parts of the NO, 

rule. (The rationale for this decision is 

explained more fully in a separate 

Federal Register notice.) These proposed 

revisions are discussed elsewhere in 

today's Federal Register. 

OA-rn: The denial of the petitions to 

reconsider these standards is a final 

action under sections 307(b)(1) and 

307(d)(7)(B) of the CAA. Review of the 

denial is available only by the filing of t 

petition for review in the U& Court of 

Appeals for the District of Columbia 

within 60 days of today's publication, as 

provided in section 307(b)(1). 

AOOWSSStS. Docket Nos. A-79-02 (PM/ 

NOJ and A-83-27 (SOi) are available 

for public inspection and copying 

between 8*00 a jn. and 4:30 pjn., Monday 

through Friday, at Central Docket 

Section. South Conference Center, Room 

4. Waterside Mall. 491M Street SW.. 

Washington. DC 20469. A reasonable fee 

may be charged for copying. 

POfrPIMTMIR WsKNIMATIOM CONTACT: 

For further Information contact Mr. Fred 

Porter [(919) 541-5251], Standards 

Development Branch, Emission 

Standards Division (MD-13). UA 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711. 

SUmiMiMTAItV WrOWMATlOW: 

Standards of performance for PM and 

NO, emissions from industrialcommercial-institutional steam 

generating units were promulgated on 

November 25.1966 (51 FR 42768), and for 

SOi emissions on December 16,1987 (52 

FR 47828). Subsequently, seven groups 

petitioned the Administrator pursuant to 

section 307(d)(7)(B) of the CAA to 

reconsider certain requirements of these 

standards. 

These standards of performance 

implement section 111 of the Clean Air 

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