p.1 

OAR Box 1778 

Prepped by Ollie Stewart 

Document Number: 

79) ll-C-21 

Docket Number: 

A-90-06 

Printed 10/28/2008 9:50:55 AM Sheet 79 of 276 
^-£A . 

1 tJNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

MrM m. DEC 31990 

II-C-21 

E I 11 U U Mr. Robert Ralston 

Station Manager 

Dayton Power and Light Company 

J.M. Stuart Electric Generating Station \\\\\\ JUN I ? 199! 

P.O. Box 468 

Aberdeen, Ohio 45101 

OFFICE OF 

AIR AND RADIATION 

I \ 

>A AIR DOCKET 

Dear Mr. Ralston: 

I am responding to your September 24, 1990 letter in which 

you requested a no action assurance letter from the United States 

Environmental Protection Agency (EPA) for a Clean Coal Technology 

(CCT) project. You have requested an assurance from EPA not to 

enforce New Source Performance Standards (NSPS) and Prevention of 

Significant Deterioration (PSD) regulations at Dayton Power and 

Light Company, J.M. Stuart Station Unit No. 4. Due to the 

language in the recently enacted Clean Air Act Amendments which 

exempts temporary CCT projects, as defined therein, from PSD and 

NSPS, it is no longer necessary for EPA to issue no action 

assurance letters for CCT projects. 

Section 415(b)(2) of the Clean Air Act states that the 

"[installation, operation, cessation, or removal of a temporary 

clean coal technology demonstration project that is operated for 

a period of five years or less, and which complies with the State 

implementation plans for the State in which the project is 

located and other requirements necessary to attain and maintain 

the national ambient air quality standards during and after the 

project is terminated, shall not subject such facility to the 

requirements of section 111 or part C or D of Title I." 

This exemption applies to "physical or operational changes 

to existing facilities for the sole purpose of installation, 

operation, cessation, or removal of a temporary clean coal 

technology demonstration project." 

The statute defines clean coal technology as "any 

technology, including technologies applied at the precombustion, 

combustion, or post combustion stage, at a new or existing 

facility which will achieve significant reductions in air 

emissions of sulfur dioxide or oxides of nitrogen associated with 

the utilization of coal in the generation of electricity, process 

steam, or industrial products, which is not in widespread use as 

of the enactment of [Title IV]." 
P.3 

' 4 

This CCT project will demonstrate technology for reducing 

nitrogen oxide (NOx) emissions through the use of low-NOx cell 

(LNC) burners. According to your letter, LNC burners can reduce 

NOx emissions by at least 50 percent. EPA supports this 

demonstration of LNC burners as a means of potentially reducing 

NOx emissions from utility boilers. A successful demonstration 

of this technology should provide industry with an attractive, 

cost effective, retrofittable option for use in achieving NOx 

control. 

Based on the representations made in your September 24, 1990 

letter and the statutory provisions-in Title IV, the LNC burner 

demonstration at J.M. Stuart Station Unit No. 4 will not be 

subject to PSD or NSPS. This nonapplicability determination only 

applies to J.M. Stuart Station Unit No. 4, where the 

demonstration is being conducted. It does not apply to emission 

increases above pre-demonstration levels that are attributable to 

physical or operational changes other than those necessary to 

restore the unit to its pre-demonstration condition or which 

result from physical or operational changes that are unrelated to 

the conduct of the demonstration project. Furthermore, although 

exempt from PSD and NSPS, the CCT demonstration project at J.M. 

Stuart Station Unit No. 4 must still comply with all other 

applicable Clean Air Act requirements. EPA is planning to issue 

an interpretative ruling which addresses the exemption in section 

415 of Title IV for Clean Coal Technology demonstration projects. 

Please keep U.S. EPA's Regional Office in Chicago notified 

of the status and significant results of this project. Your 

contact there will be Mr. David A. Kee who can be reached at 

(312) 353-2212. 

Sincerely, 

William'G. Rosenberg 

Assistant Administrator 

for Air and Radiation