p.1 

OAR Box 1865 

Prepped by Charmelle Mathews 

Document Number: 

190) FR 12/18/1989 

Docket Number: 

A-83-27 

Printed 12/3/2008 3:22:24 PM Sheet 190 of 198 
P.3 

Monday 

December 18, 1989 

Part II 

. 

Environmental 

Protection Agency 

40 CFR Part 60 

Standards of Performance for New 

Stationary Sources; Industrial-Commercial 

Institutional Steam Generating Units; 

Amendments to Nitrogen Oxides 

Performance Testing and Monitoring 

Requirements; Final Rules 
P.2 

A-63-Z7 

Federal Ksgisteir / Vol. 54, No. 241 / Monday, December 18, 1989 / Rules and Regulations 

ENVIRONMENTALPROTECTION 

40 CFR Part 60 

[AD-FRL-3679-7] 

Standards of Performance for New 

Stationary Sources; OndustrlalCommercial-Institutional Steam 

AGENCV: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule adopts 

amendments to the sulfur dioxide (SOa) 

and particulate matter (PM) emission 

standards for oil-fired industrialcommercial-institutional steam 

generating units with heat input 

capacities greater than 29 MW (100 

million Btu/hour). 

These amendments, which were 

proposed on July 6,1989 (54 FR 28447), 

(1) revise the definition of very low 

sulfur oil, and (2) delete the PM emission 

limit of 43 ng/J (0.10 lb/million Btu) heat 

input for units that fire very low sulfur 

oils. 

No objections were raised concerning 

these proposed amendments during the 

public comment period. In response to 

suggestions made by the commenters, 

two minor changes are being 

incorporated to clarify the amendments. 

These amendments, therefore, are being 

promulgated basically as proposed. 

OATE: The effective Hate nf this 

regulation is June 19.1988. 

ADDRESSES: Docket. Docket Number A -

83-27, containing supporting infonnation 

used in developing the promulgated 

revision, is available for public 

inspection and copying between 8:30 

a.m. and 3:30 p.m., Monday through 

Friday, at EPA's Air Docket, room M1500,1st Floor, Waterside Mall, 401M 

Street, SW., Washington, DC 20460. A 

reasonable fee may be charged for 

copying. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Fred Porter ((919) 541-5251) or Mr. 

Rick Copland ((919) 541-5265), 

Standards Development Branch, 

Emission Standards Division (MD-13), 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711. 

SUPPLEMENTARY INFORMATION: 

I. Background . 

New source performance standards 

(NSPS) were proposed on June 19,1986 

(51 FR 22384), and were promulgated on 

December 16,1987 (52 FR 47826), limiting 

emissions of SO2 from coal- or oil-fired 

industrial-commercial-institutional 

steam generating units with heat input 

capacities greater than 29 MW (100 

million Btu/hour) and limiting emissions 

of PM from oil-fired industrialcommercial-institutional steam 

generating units with heat input 

capacities greater than 29 MW (100 

million Btu/hour). Based on new 

information regarding the sulfur content 

and PM emissions potential of fuel oils, 

proposed revisions to the SOi and PM 

emission standards were published in 

the Federal Register on July 6,1989 (54 

FR 28447). 

The national average sulfur content of 

distillate fuel oil is about 0.3 weight 

percent, which is equivalent to 0.3 lb 

SO2 per million Btu. Consequently, an 

SO2 emission rate of 0.3 lb/million Btu 

was used to distinguish very low sulfur 

fuel oil, such as distillate fuel oil, from 

higher sulfur fuel oil in the analyses 

supporting proposal and promulgation of 

the standards limiting SO2 emissions 

from oil-fired industrial-commercialinstitutional steam generating units with 

heat input capacities greater than 29 

MW (100 million Btu/hour). 

A review of Department of Energy 

data, however, indicated that the sulfur 

content of distillate fuel oil is highly 

variable. Although the national average 

sulfur content of distillate fuel oil is 

about 0.3 weight percent, the actual 

sulfur content of an individual shipment 

can range from as low as 0.1 weight 

percent to as high as 0.5 weight percent 

depending on such factors as: (1) The 

season of the year, (2) the geographic 

location, (3) the crude oil from which the 

distillate fuel oil is refined, and (4) the 

extent to which desulfurization or 

blending is used to produce distillate 

fuel oil at the refinery. 

The maximum sulfur content of 

distillate fuel oil is limited to 0.5 weight 

percent through fuel oil specifications 

adopted by the American Society for 

Testing and Materials (ASTM). In 

producing a distillate fuel oil product for 

sale, refineries meet or exceed these 

specifications. The use and acceptance 

of these ASTM specifications is so 

widespread that the actual sulfur 

content of a shipment of distillate fuel 

oil is frequently not reported. 

In light of the variability in the sulfur 

content of distillate fuel oil and the 

presence of widely accepted ASTM 

specifications limiting the sulfur content 

of distillate fuel oil, it seemed 

appropriate to define very low sulfur 

fuel oil by the maximum sulfur content 

of distillate fuel oil as specified by 

ASTM rather than by the national 

average sulfur content. 

The promulgated standards for oilfired steam generating units limit PM. 

emissions to 43 ng/J (0.10 lb/million 

Btu). However, firing very low sulfur 

fuel oils capable of meeting the SOa 

emission limit discussed above result in 

PM emissions of 43 ng/J (0.10 lb/million 

Btu) or less. Thus, for those oil-fired 

units which fire very low sulfur oil, the 

imposition of the promulgated PM 

emission limit achieves no additional 

PM emission reductions beyond that 

achieved by SOj standards. On the 

other hand, the PM emission limit 

imposes additional costs due to the 

emission source testing requirements 

associated with the emission limit. 

Therefore, it did not seem reasonable to 

require steam generating units firing 

very low sulfur oil to meet the PM 

emission limit. 

Public comments were solicited on tho 

proposed revisions. Eleven comments 

were received. The commenters 

included six utility companies, two 

chemical companies, one paper 

company, one oil company, and one 

State agency. No objections to the 

amendments were raised. All 

commenters expressed support for the 

proposed amendments. Two 

commenters stated that the proposed 

amendments are consistent with the 

commenters' experience. 

One commenter stated that, while the 

proposal is based on the ASTM 

specification of 0.5 weight percent 

sulfur, very low sulfur fuel oil is still 

defined in terms of lb/million Btu. The 

commenter stated that percent sulfur 

and lb/million Btu are not exactly equal 

in all cases and recommended thut the 

definition be clarified so that fuel oils 

with 0.5 weight percent sulfur meet the 

definition of very low sulfur fuel oil. For 

the reasons stated by the commenter, 

the definition of very low sulfur fuel oil 

has been clarified to include fuel oils 

which contain 0.5 weight percent sulfur 

or less. 

One commenter stated that, since the 

definition of very low sulfur fuel oil is 

based' on the widely accepted ASTM 

specification for distillate fuel oil, there 

should be no need to further 

demonstrate through performance 

testing and monitoring that ASTM 

distillate oil meets the standard. 

Therefore, distillate oil that meets the 

ASTM specifications has been 

exempted from performance testing and 

monitoring requirements in the final 

standards. 

One commenter questioned whether 

the amendments apply to sources which 

commenced construction between the 

original proposal date (June 19,1980) 

and the date of the proposed revisions 

(July 8,1989). These revised standards 

apply to all units which commenced 

construction after June 19,1986. 
P.4 

Register / Vol. 54, No. 241 / Monday, December 18, 1989 / Rules and Regulations 

The docket is an organized and 

complete file of all the information 

considered in the development of this 

rulemaking. The docket is a dynamic file 

because material is added throughout 

the rulemaking development. The docket 

system is intended to allow members of 

the public and industries involved to 

identify and locate documents so that 

they can effectively participate in the 

rulemaking process. Along with the 

statement of the basis and purpose of 

the proposed and promulgated, 

amendments to the NSPS, the contents 

of the docket, except for interagency 

review materials, will serve as the 

record in case of judicial review (see 

Clean Air Act, section 307(d)(7)(A), 42 

U.S.C. 7607(d)(7)(A)). 

Section 317(a) of the Clean Air Act, 42 

U.S.C. 7617(a) states that economic 

impact assessments are required for 

revisions to standards or regulations 

when the Administrator determines such 

revisions to be substantial. These 

revisions are not substantial; as a result, 

an economic impact assessment has not 

been prepared. 

Paperwork Reduction Act 

The information collection 

requirements previously approved by 

OMB for the Industrial-CommercialInstitutional Steam Generating Unit 

NSPS (40 CFR part 60 subpart Db) 

remain unchanged as a result of today's 

promulgated amendment. 

Under Executive Order 12291, EPA is 

required to judge whether a regulation is 

a "major rule" and therefore subject to 

the requirement of a regulatory impact, 

analysis (RIA). These amendments 

would result in none of the significant 

adverse economic effects set forth in 

section 1(b) of the Order as grounds for 

finding a regulation to be a "major rule." 

The amendments are not substantial.. 

Therefore, this action is not a "major 

rule" under Executive Order 12291. 

The Regulatory Flexibility Act of 1980, 

5 U.S.C. 601-612, requires the 

identification of potentially adverse 

impacts of Federal regulations upon 

small business entities. The Act requires 

the completion of a-regulatory flexibility 

analysis for every rule unless the 

Administrator certifies that the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. Pursuant to the provisions of 5 

U.S.C. 605(b), the Administrator certifies 

that the final rule will not have a 

significant economic impact on a 

substantial number of small entities. The 

revised rule 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 (52 FR 47841, December 16, 

1987). 

List of Subjects isi 40 CFR Part 60 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: December 1,1989. 

William K. Reilly, 

Administrator. 

PART SO—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). 

2. Section 60.41b is amended by 

revising the following definition: 

§ 60.411b Definitions. 

4 ft ft ft ft 

"Very low sulfur oil" means an oil 

that contains no more than 0.5 weight 

percent sulfur or that, when combusted 

without sulfur dioxide emission control, 

has a sulfur dioxide emission rate equal 

to or less than 215 ng/J (0.5 lb/million 

Btu) heat input. 

« A « 4 « 

3. Section 60.42b is amended by 

revising the first phrase of paragraph 

(a), and by revising paragraphs (d), (e) 

and (f), and by adding paragraph (j) to 

read as follows: 

§ 80.42b Standard for sulfur dioxide. 

(a) Except as provided in paragraphs 

(b), (c),(d), or (j) of this section, * * * 

* * * * * 

(d) On and after the date on which the 

performance test is completed or 

required to be completed under 60.8 of 

this part, whichever comes first, no 

owner or operator of an affected facility 

listed in paragraphs (d) (1), (2), or (3) of 

this section shall cause to be discharged 

into the atmosphere any gases that 

contain sulfur dioxide in excess of 520 

ng/J (1.2 lb/million Btu) heat input if the 

affected facility combusts coal, or 215 

ng/J (0.5 lb/million Btu) heat input if the 

affected facility combusts oil other than 

very low sulfur oil. Percent reduction 

requirements are not applicable to 

affected facilities under this paragraph. 

(1) Affected facilities that have an 

annual capacity factor for coal and oil of 

30 percent (0.30) or less and are subject 

to a Federally enforceable permit 

limiting the operation of the affected 

facility to an annual capacity factor for 

coal and oil of 30 percent (0.30) or less; 

(2) Affected facilities located in a 

noncontinental area; or 

(3) Affected facilities combusting coal 

or oil, alone or in combination with any 

other fuel, in a duct burner as part of a 

combined cycle system where 30 

percent (0.30) or less of the heat input to 

the steam generating unit is from 

combustion of coal and oil in the duct 

burner and 70 percent (0.70) or more of 

the heat input to the steam generating 

unit is from the exhaust gases entering 

the duct burner. 

(e) Except as provided in paragraph (fj 

of this section, compliance with the 

emission limits, fuel oil sulfur limits, 

and/or percent reduction requirements 

under this section are determined on a 

30-day rolling average basis. 

(f) Except as provided in paragraph 

(j)(2) of this section, compliance with the 

emission limits or fuel oil sulfur limits 

under this section is determined on a 24-

hour average basis for affected fucilitlee 

that (1) have a Federally enforceable 

permit limiting the annual capacity 

factor for oil to 10 percent or less, (2) 

combust only very low sulfur oil, and (3J 

do not combust any other fuel. 

* * * * * 

(j) Percent reduction requirements are 

not applicable to affected facilities 

combusting only very low sulfur oil. Tho 

owner or operator of an affected facility 

combusting very low sulfur oil shall 

demonstrate that the oil meets the 

definition of very low sulfur oil by: (1) 

Following the performance testing 

procedures as described in § 6Q.45b(c) or 

§ 60.45b(d), and following the 

monitoring procedures as described in 

§ 60.47b(a) or % 60.47b(b) to determine 

sulfur dioxide emission rate or fuel oil 

sulfur content; or (2) maintaining fuel 

receipts as described in § 60.49b(r). 

4. Section 60.43b is amended by 

revising paragraphs (b) and (f) to rocd 

as follows: 

§ 80.43b Standard for particulate matter. 

* * * * • * 

(b) On and after the date on which ths 

performance test is completed or 

required to be completed under 60.0 of 

this part, whichever date comes first, no 

owner or operator of an affected facility 

that combusts oil (or mixtures of oil with 

other fuels) and uses a conventional ov 

emerging technology to reduce sulfur 

dioxide emissions shall cause fo bo 

discharged into the atmosphere from 

that affected facility any gases that 

contain particulate matter in excess of 

43 ng/J (0.10 lb/million Btu) heat input. 

a * o a a 

(f) On and after the date on which tho 

initial performance test is completed or 

is required to be completed under 30.0 of 
P.5 

V 

51820 Federal Register / Vol. 54, No. 241 / Monday, December 18, 1989 / Rules and Regulations 

this part, whichever date comes first, no 

owner or operator of an affected facility 

that combusts coal, oil, wood, or 

mixtures of these fuels with any other 

fuels shall cause to be discharged into 

the atmosphere any gases that exhibit 

greater than 20 percent opacity (6-

minute average), except for one 6-minute 

period per hour of not more than 27 

percent opacity. 

* * * * * 

5. Section 60.45b is amended by 

revising paragraph (d) introductory text 

and adding paragraph (j) to read as 

follows: 

§ 60.45b Compliance and performance 

test methods and procedures for sulfur 

dioxide. 

* * * * * 

(d) Except as provided in paragraph 

(j), the owner or operator of an affected 

facility that combusts only very low 

sulfur oil, has an annual capacity factor 

for oil of 10 percent (0.10) or less, and is 

subject to a Federally enforceable 

requirement limiting operation of the 

affected facility to an annual capacity 

factor for oil of 10 percent (0.10) or less 

shall: * * * 

* * * * * 

(j) The owner or operator of an 

affected facility that combusts very low 

sulfur oil is not subject to the 

compliance and performance testing 

requirements of this section-if the owner 

or operator obtains fuel receipts as 

described in § 60.49b(r). 

6. Section 60.46b is amended by 

revising paragraph (d) introductory text 

to read as follows: 

§ 60.46b Compliance and performance 

test methods and procedures for 

particulate matter and nitrogen oxides. 

* * • • « 

(d) To determine compliance with the 

particulate matter emission limits and 

opacity limits under § 60.43b, the owner 

or operator of an affected facility shall 

conduct an initial performance test as 

required under § 60.8 using the following 

procedures and reference 

methods: * * * 

* * * * * 

7. Section 60.47b is amended by 

revising the first phrase of paragraph (a) 

and by adding paragraph (f) to read as 

follows: 

§ 60.47b Emission monitoring for sulfur 

dioxide. 

(a) Except as provided in paragraphs 

(b) and (f) of this section. * * * 

* ft ft ft 4 

(f) The owner or operator of an 

affected facility that combusts very low 

sulfur oil is not subject to the emission 

monitoring requirements of this section 

if the owner or operator obtains fuel 

receipts as described in § 60.49b(r). 

8. Section 60.49b is amended by 

adding paragraph (r) to read as follows: 

§ 60.49b Reporting and recordkeeping 

requirements. 

* * * * * 

(r) The owner or operator of an 

affected facility who elects to 

demonstrate that the affected facility 

combusts only very low sulfur oil under 

§ 60.42b(j)(2) shall obtain and maintain 

at the affected facility fuel receipts from 

the fuel supplier which certify that the 

oil meets the definition of distillate oil 

as defined in § 60.41b. For the purposes 

of this section, the oil need not meet the 

fuel nitrogen content specification in the 

definition of distillate oil. Quarterly 

reports shall be submitted to the 

Administrator certifying that only very 

low sulfur oil meeting this definition 

was combusted in the affected facility 

during the preceding quarter. 

[FR Doc. 89-28692 Filed 12-15-«9; 8:45 am] 

BILLING CODE 6560-50-M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[AD-FRL 3647-8] 

Standards of Performance for New 

Stationary Sources; IndustrialCommercial Institutional Steam 

Generating Units; Amendments to 

Nitrogen Oxides Performance Testing 

and Monitoring Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule adopts 

amendments to the performance testing 

and monitoring requirements for 

nitrogen oxides (NO J applicable to 

industrial-commercial-institutional 

steam generating units with heat input 

capacities 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 

promulgated rule exempts from the NO, 

emission limit and the NO, performance 

testing and monitoring requirements any 

steam generating units with heat input 

capacities of 73 MW (250 million Btu/ 

hour) or less 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). 

These amendments were proposed on 

January 13,1989 (54 FR 1606) in response 

to petitions for reconsideration of the 

original rule promulgated on November 

25,1906 (51 FR 42768). Several 

comments were submitted on the 

proposed amendments, and minor 

changes are being incorporated to the 

amendments to clarify the performance 

testing and monitoring procedures. 

PATE Tune 19,1984. under section 

307(b)(1) of the Clean Air Act, judicial 

review of the actions taken by this 

notice 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 today's 

publication of the rule. Under section 

307(b)(2) of the Clean Air Act, the 

requirements that are the subject of 

today's notice may not be challenged 

later in civil or criminal proceedings 

brought by EPA to enforce these 

requirements. 

Incorporation by Reference: The 

incorporation by reference of certain 

publications in these standards is 

approved by the Director of the Office of 

the Federal Register as of December 18, 

1989. 

ADDRESSES: Docket. Docket Number A79-02, containing supporting information 

used in developing the final rule, is 

available for public inspection and 

copying between 8:30 a.m. and 3:30 p.m., 

Monday through Friday, at EPA's Air 

Docket, room M1500, first floor, 

Waterside Mall, 401M Street SW., 

Washington, DC 20460. A reasonable fee 

may be charged for copying. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Rick Copland ((919) 541-5265) or 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: 

I. Background 

On November 25,1986, standards of 

performance were promulgated limiting . 

emissions of particulate matter (PM) and 

NO, from industrial-commercialinstitutional steam generating units with 

heat input capacities greater than 29 

MW (100 million Btu/hour) (51 FR 

42768). The Utility Air Regulatory Group 

(UARG) and owners of the William H. 

Zimmer Generating Station (Cincinnati 

Gas and Electric Company, Columbus 

and Southern Ohio Electric Company, 

and the Dayton Power and Light 

Company) requested reconsideration of 

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