p.1 

OAR Box 1865 

Prepped by Charmelle Mathews 

Document Number: 

188)IX-A-1 

Docket Number: 

A-83-27 

Printed 12/3/2008 3:22:24 PM Sheet 188 of 198 
P.2 

A-83-27 

Monday 

December 18, 1989 

IX-A-1 

"AR2 7S8I 

Part li 

Environmental 

Protection 

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 
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: 

S 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: • • • ' 

« * * 4 • 

(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 5 60.43b, the owner 

or operator of an affected facility shall 

conduct an initial performance test as 

required under 160.8 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: 

S 60.47b Emission monitoring for sulfur 

dioxide. 

(a) Except as provided in paragraphs 

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

• # * * • • 

(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 5 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 12-15-89; 8:45 am) 

BfUJNO CODE (M0-50-M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[AD-FRL 3647-8] 

Standards of Performance for New 

Stationary Sources; IndustrialCommercial IrtstftutJonal 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 (NOJ applicable to 

industrial-commercial-lnstitutional 

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 unite 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 (Le., 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 

25,1986 (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. 

DATE June 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 tiie final rule, is"" 

available for public inspection and 

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

Monday through Friday, at EPA's Air 

Docket room M1500, first floor, 

Waterside Mall 401M Street SWWashlngton, 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), US. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711.'

 : 

SUPPLEMENTARY INFORMATION: 

L 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 
Federal Register / Vol. 54, No. 241 / Monday. December 18. 1989 / Rules and Regulations 51821 

Clean Air Act. They stated that 

continuous emission monitoring 

requirements were not reasonable for 

very low capacity factor steam 

generating units that use certain low 

nitrogen fuels. After reviewing the 

information submitted by the 

petitioners, the Administrator decided*to 

use his discretionary authority to amend 

the rule. 

Proposed revisions to the NO, 

performance testing and monitoring 

requirements were published in the 

Federal Register oh January 13.1989 (54 

FR 1606). The proposed revisions would 

require initial performance testing and 

annual testing of large industrialcommercial-institutional steam 

generating units (i.e., units with heat 

input capacities greater than 73 MW 

(250 million Btu/hour)) that fire natural 

gas, distillate oil, or low nitrogen 

residual oil and that operate at very low 

annual capacity factors (i.e., less than 10 

percent). In addition, the proposed 

revisions would exempt from the NO, 

emission limit and the NO, performance 

testing and monitoring requirements any 

smaller steam generating units (i.e., 

units with heat input capacities of 73 

MW (250 million Btu/hour) or less) that 

fire natural gas, distillate oil, or low 

nitrogen residual oil and that operate at 

very low annual capacity factors (i.e., 

less than 10 percent). 

Public comments were solicited on the 

proposed revisions. Comments 

requesting changes to the proposed NOx 

amendments were submitted by the 

South Carolina Department of Health 

and Environmental Control; the Georgia 

Department of Natural Resources; 

Detroit Edison Company, the Utility Air 

Regulatory Group; Texaco; Inc.; Houston 

Lighting and Power Company, and 

Texas Utilities Electric Company. A 

summary of the comments and EPA's 

responses is presented below. 

IL Comments Submitted Concerning the 

Proposed NO, Amendment . 

A. Reference Methods Used for NO' 

Compliance Testing 

1. Comment-The South Carolina 

Department of Health and 

Environmental Control expressed 

reservations about using Reference 

Methods 7 and 7A to meet the proposed 

performance testing requirements. The 

commenter stated that Reference 

. Methods 7 and 7A require four NO, 

samples to be taken per run at 15-minute 

intervals, meaning that a 24?hour 

performance test would require 96 

collection flasks. The commenter 

pointed out that the number of flasks 

and time spent leak checking them all 

may be a problem for most sources. 

The commenter recommended that 

Reference Method 7E be used instead of 

Reference Methods 7 or 7A. If Reference 

Method 7E were used, the flask problem 

would be eliminated and a continuous 

record of the NO, emissions for the 24-

hour test period would be recorded with 

any trends in emissions easily 

documented and available for review. 

The commenter maintained that 

continuous monitoring would be more 

informative than four grab samples per 

hour which represent only 4 minutes per 

hour of actual emissions. 

Response: Compliance with the NO, 

standards can be demonstrated using 

"Method 7, Method 7A. or other 

approved reference methods, or using a 

continuous monitoring system." Method 

7E, "Determination of Nitrogen Oxides 

Emissions from Stationary Sources 

(Instrumental Analyzer Procedure)," is 

an approved reference method for •• 

continuous monitoring of NO, emissions 

from utility auxiliary steam generating 

units. Accordingly, the wording in 

i S 60.46b(h](l) and 60.46b(h)(2) is 

revised to include Method 7E. 

B. Procedures for Determining 

Maximum Heat Input Capacity 

1. Comment: The Georgia Department 

of Natural Resources (Georgia) pointed 

out that although the proposed NO, . 

amendment contains a requirement to 

conduct a 24-hour test to demonstrate 

the maximum heat input capacity and to 

report the results (Si 60.46b(g) and 

60.49b(b)), no method for determining 

the maximum heat input capacity is 

given. The commenter stated that 

specific methods for calculating 

maximum heat input capacity should be 

given to ensure consistency in approach. 

Response: The method for calculating 

the maximum heat input capacity of a 

steam generating unit must be consistent 

with the 24-hour test procedures in the 

American Society of Mechanical 

Engineers (ASME) Power Test Code 4.1. 

These procedures are incorporated by 

reference in { 60.17(h) of the final 

amendment 

2. Comment: Detroit Edison Company 

was concerned about the lack of 

flexibility in the 24-hour maximum heat 

input capacity demonstration. The . 

commenter stated that depending on the 

particular circumstances for a given 

facility, it ma"y not be possible to 

demonstrate the maximum heat input 

capacity at which the steam generating 

unit will be operated during the first 180 

days after initial startup. The 

commenter maintained that hi some 

instances, an affected facility could be 

forced to use an artificially low 

demonstrated maximum heat input 

capacity to calculate the annual . 

capacity utilization rate. 

As an example, the commenter stated 

that some auxiliary steam generating . 

units experience peak steam demand 

from building heating systems only 

during the winter months. As another 

example, the commenter mentioned 

facilities where the normal steam load 

could increase over time os a phased 

construction program is completed or as 

new steam customers are added. 

To offer more flexibility than currently 

allowed the commenter recommended 

that the design maximum heat input 

capacity be used to calculate the annual 

capacity utilization factor. The 

commenter suggested two possible 

alternatives if EPA Insists that an 

affected facility demonstrate its 

maximum heat input capacity either (1) 

Allow the affected facility to repeat the 

24-hour maximum heat input capacity' 

demonstration at a later date when 

there is a higher steam demand or (2) 

base the annual capacity utilization rate 

on maximum heat input demonstrations 

run on steam generating units with the 

same design as the facility seeking a 

permit . 

Response: Although nqt stated 

specifically in the proposed NO,. 

amendment an owner/operator Is 

allowed to repeat the 24-hour maximum 

heat input capacity demonstration test 

at any time. If a steam generating unit 

that is retested during a period of high 

steam demand demonstrates a higher 

maximum heat input capacity, this 

higher value would be accepted as long • 

as it does not exceed the manufacturer s 

rated heat input capacity. 

. 3. Comment: the UARG questioned 

whether a demonstration of maximum 

heat input capacity Js heeded The 

UARG pointed out that design 

information provided by the steam 

generating unit manufacturer was used 

in establishing the Subpart Db NO, 

emission standards (See 51 FR 42776). 

The UARG maintained that the , 

manufacturer's steam generating unit 

capacity rating should be reliable. To 

verify rated capacity, an agency could ". 

simply inspect the pressure relief valve 

that is required by code to be the same 

as the maximum rated capacity.' 

Response: There are many different 

ways that manufacturers can.determirie 

the maximum rated capacity of a steam 

generating unit Due to this large degree 

of variability and the incentive provided 

in the amendment to "over rate" or err 

on the high side in determining the 

maximum heat input capacity of a steam 

generating unit, it is necessary that 

owners and operators demonstrate the 

I J, 

. 
51822 Federal Register / Vol. 54, No. 241 / Monday, December 18, 1989 / Rules and Regulations 

maximum rated heat input capacity of 

their auxiliary units. 

With regard to inspecting the pressure 

relief valve, the ASME code requires 

that the steam generating unit capacity 

of the pressure relief valve must be at 

least equal to the maximum heat input 

capacity of the steam generating unit 

and thus provides only a minimum 

specification. A manufacturer desiring a 

margin of safety can install a pressure 

relief valve with a larger capacity, so the 

value on the pressure relief valve is not 

necessarily an accurate measure of the 

maximum rated heat input capacity of 

the steam generating unit 

4. Comment' The UARG urged more 

flexibility in demonstrating maximum 

heat input capacity because it may not 

be possible to perform the 24-hour test 

within 180 days of startup. The UARG 

stated that if the steam from a utility 

auxiliary steam generating unit is used 

primarily to start the main unit and a 

main unit startup does not occur within 

the initial 180-day period then the 

maximum heat input capacity 

demonstration could not be conducted 

The UARG maintained that in such 

cases the owner or operator could not 

simply vent the steam to the atmosphere 

for the 24-hour test period 

The UARG argued that the steam 

would have to be vented through the 

steam generating unit's pressure relief 

valve and the noise resulting from this 

activity would require some type of 

sound-muffling device to be installed to 

comply with EPA/OSHA noise 

requirements. The UARG also stated 

that 24-hour'venting through a pressure 

relief valve would most likely destroy 

the valve. The UARG pointed out that if 

an operator were to remove the pressure 

relief valve, he would not be able to 

operate the steam generating unit 

because he would be violating steam 

generating unit codes and insurance 

requirements. 

The UARG argued that even if all of 

these requirements could be met a 

problem would still exist with make-up 

water. The UARG explained that steam 

generating unite are built as a closed 

loop design so that the capability of 

producing deareated and demineralized 

water is typically only 1 tq 5 percent of 

steam flow. According to UARG. venting 

steam to the atmosphere during a 

maximum heat capacity demonstration -

would require a make-up water 

capability ator near 100 percent of 

- steam flow. The UARG further stated 

that steam generating units are simply 

not designed with such make-up water 

capabilities and that operation of a 

steam generating unit for 24 hours using 

raw water as make-up water would 

almost certainly damage the omit. 

Response: In some cases, owners/ 

operators of steam generating units may 

feel they are unable to vent steam 

through the pressure relief valve without 

damaging the valve in some way. As 

mentioned by UARG in an earlier 

comment (See Docket No. A-79-02. 

Docket Item VI-D-4), one of the 

functions of a utility auxiliary steam 

generating unit is to drive feed water 

pumps and to operate deareators during 

startup of the main utility steam 

generating unit Once normal operating 

conditions of the main steam generating 

unit have been achieved the owner/ 

operator will bleed off some of the 

steam from the main electric utility 

steam generating unit and use this steam 

to operate the pumps and deareators.. 

This method is more efficient than 

continuing to use the auxiliary unit to 

perform these functions. As a result the 

amount of steam produced by the 

auxiliary steam generating unit is 

reduced as soon as the main steam 

generating unit is able to take over these 

functions. However, in conducting the 

24-hour performance test the utility 

auxiliary steam generating unit could 

remain in operation after the main 

steam generating unit starts up, 

continuing to provide steam to the 

pumps and deareators as it did during 

startup. 

In some cases, a utility steam 

generating unit operates simultaneously 

with the main steam generating unit 

other than during startup. At times of 

peak energy demand an owner/ 

operator may bring the auxiliary steam 

generating unit on line to provide steam 

for operating the auxiliary equipment 

thus allowing the main steam generating 

unit to provide as much steam as 

possible to generate electricity or to 

meet other plant steam demands. By 

operating the plant steam system in a 

similar manner, a plant owner/operator 

could conduct a 24-hour compliance test 

witiiout venting steam. 

5. Comment- Houston Lighting and 

Power Company (HL&P) recommended 

that a 3-hour test be used instead of a 

24-hour test to document maximum heat 

capacity on typical steam generating 

unite with capacity factors less than 10 

percent The HL&P pointed out that a 

test of shorter duration would be 

satisfactory to document maximum heat 

input and would significantly reduce the 

cost of the test program. The HL&P 

thought it unlikely that the steam 

produced during the test of a low 

capacity factor unit would be used The 

HL&P stated that the cost to conduct this 

24-hour test on a 70 MW (240 million 

Btu/hour) heat input capacity steam 

generating unit at full load would be 

$720/hour or $17,280, assuming the price 

of fuel to be $3/million Btu. The HL&P 

stated that this cost does not include 

steam generating unit feedwater 

treatment costs or additional manpower 

costs required for an extended test, so 

the actual cost could be higher. 

Response: A 24-hour test is necessary 

to demonstrate the maximum steadystate heat input capacity of a utility 

auxiliary steam generating unit. During 

shorter testing periods, such as a 3-hour 

test a steam generating unit can be . 

operated at peak levels that exceed its 

true maximum steady-state continuous 

steam generating capacity. Because 

calculation of the unit's annual capacity 

factor is based on the maximum steadystate heat input capacity and because a 

24-hour test is more representative of 

this heat input capacity than a 3-hour 

test a 24-hour test is required in the 

final rule. 

The costs cited by the petitioners are 

not unreasonably high. Furthermore, in 

cases where the steam produced by the 

auxiliary steam generating unit is used 

for space heating or other plant 

purposes (as discussed in the previous 

response), the effective cost of the 

compliance test would be lower. 

C Determination of Annual Capacity 

Factor 

1. Comment Detroit Edison noted that 

to calculate the annual capacity factor 

for § 60.49b(q), a record of the hourly 

steam load should be required in 

S60.49b(p). 

Response: A record of the hourly 

steam load should be required in. 

S 60.49b(p) in order to calculate the 

annual capacity factor for § 60.49b(q) 

and therefore, such a requirement is 

being added to S 60.49b(p)(3). 

2. Comment- The HL&P stated that 

under the current regulations, steam 

generating units with capacity factors 

greater than 10 percent are required to 

conduct an initial NO, compliance test 

where NO, emissions are monitored for 

30 successive steam generating unit 

days within the first 180 days following 

startup of the facility. The commenter 

argued that some steam generating unite 

with low capacity factors (but above 10 

percent) would have difficulty 

completing a 30-day test in a 180-day 

time period The commenter estimated 

that the cost of operating the steam 

generating unit and venting steam to 

collect the additional necessary data 

would be $720/hour.The commenter 

recommended that such high costs could 

be avoided by using the first 30 steam 

generating unit operating days for 

compliance determination, with no 180 

calendar day limit. 

I 
P.8 

Federal Register / Vol. 54, No. 241 / Monday, December 18. 1989 / Rules and Regulations 5ie:3 

Response: Many auxiliary steam 

generating units with annual capacity 

factors greater than 10 percent are likely 

to operate on at least 30 days out of the 

first 160 days after startup of the unit. 

These units should be able to obtain the 

required 30 days of NO, emissions data 

without incurring any additional costs. 

Units that would not normally operate 

for 30 days out of the first 180 days after 

unit startup could be operated as 

described in the response to Comment 

B.4, above, to obtain the needed 

emissions data with relatively little 

economic penalty. Furthermore, 

performance of this compliance test is 

required only once over the life of the 

unit; when compared with costs incurred 

over the entire life of a unit the cost of 

the initial compliance test is minimal. 

Based on these considerations, requiring 

units with annual capacity factors 

greater than 10 percent to acquire 30 

days of NO, emissions data during the 

first 180 days following startup of the 

unit is reasonable. 

D. Requirements for Initial and Annual 

Compliance Testing 

1. Comment Georgia stated that for 

facilities covered by $ 60.44b(j), the 

conditions under which the initial 24-

hour performance test or the follow-up 

3-hour annual test should be conducted 

are unclear. Specifically, the commenter 

questioned which fuel or what 

combination of fuels should be used for 

the performance test or should 

individual teste be required on each fuel 

projected to he used 

Response: The NO, standards state 

that owners or operators of an affected 

facility are required to demonstrate the 

performance of each fuel fired A steam 

generating unit can combust multiple 

fuels in two ways, either separately or 

as a mixture. If a steam generating unit 

combusts the fuels separately, then the 

owner/operator must conduct a 

performance test to demonstrate 

compliance for each individual fuel to 

be used If the unit combusts a mixture 

of fuels, then the owner/operator 

determines the emission Umit for the 

mixture by multiplying the emission 

limit for each individual fuel by its 

fractional portion of the mixture. Only a 

single performance test however, is 

required to demonstrate compliance for 

the mixture of fuels. 

2. Comment- Georgia also stated that 

the wording in the promulgated 

§ 60.45b(b) should be changed so as not 

to exempt the three-run requirement for 

the short-term 3-hour test The 

commenter stated that for the test 

methods allowed replicate runs should 

be required due to the accuracy and 

precision of the methods and the length 

of the test run. The commenter also 

stated that for the short-term 3-hour 

tests, certain conditions on the use of 

the test methods (e.g., number of runs, 

sample volume, etc.) such as given in 40 

CFR 60.46 should be included. 

Response: The wording in $ 60.45b(b) 

should be changed so as not to exempt 

the three-run requirement for the shortterm, 3-hour NO, test The three-run 

requirement would help ensure accuracy 

and precision of the short-term 3-hour 

test Because detailed information (such 

as sample volume) needed to perform 

the required reference methods is 

presented in appendix A of 40 CFR part 

60. it is not necessary to provide specific 

test conditions in the regulation. 

3. Comment- Georgia also pointed out 

that according to the promulgated 

§ 60.44b(h), the NO, standards apply at 

all times, including startup,-shutdown, or 

malfunction. However, the commenter 

believed that this provision was only 

meant to apply when a 30-day rolling 

average compliance determination is 

made and recommended that the 

proposed amendment be changed to 

state that this paragraph does not apply 

for the short-term 3-hour teste. 

* Response: Demonstration of 

compliance during periods of startup 

and shutdown is not appropriate when 

using the short-term 3-hour annual test 

A slight revision to the wording of 

S 60.44(b)(h) is being made. 

4. Comment Texas Utilities Electric 

Company (TU Electric) stated that It is 

often necessary to start up and 

shutdown a large main steam generating 

unit frequently during its first year of 

operation in order to check but the 

system and to fine tune the equipment 

The commenter pointed out that this 

could increase the capacity factor of the 

auxiliary steam generating unit for the 

first 12 months of operation. The 

commenter argued that after the first 

year of operation, the auxiliary steam 

generating unit's capacity factor would 

decrease dramatically and then remain 

at a very low level for the rest of the 

unit's service life. In view of this, the 

commenter requested that the auxiliary 

steam generating unit capacity factor 

requirement either be waived or 

increased to 30 percent for the first 12 

months of main electric utility steam 

generating unit operation. 

Response: The purpose of the NO, 

amendment is to exempt from the NO, 

standards small utility auxiliary steam 

generating unite that are used 

infrequently and exhibit very low 

annual capacity factor levels. In the 

case where an auxiliary steam, 

generating unit is used frequently to 

start up and shut down a large main 

steam generating unit and the annual 

capacity factor of the auxiliary unit is 20 

percent, 30 percent or mora, for 

example, its operation is no different 

than that of any other steam generating 

unit that operates at similar annual 

capacity factors. Consequently, if the 

operation of an auxiliary unit exceeds 10 

percent annual capacity factor, it is 

subject to the same NO, standards as 

any other steam generating unit. 

In those cases where the annual 

capacity factor of an auxiliary steam 

generating unit exceeds 10 percent in its 

first year of operation but then falls to 

less than 10 percent in subsequent 

years, the unit owner/operator could 

apply for a permit modification, which 

would restrict operation of the auxiliary 

steam generating unit to less than 10 

percent annual capacity factor. During 

the first year when the auxiliary steam 

generating unit is used frequently, the 

owner/operator could install temporary 

monitoring equipment such as a 

portable continuous emissions 

monitoring system. This equipment 

could be removed when the auxiliary 

steam generating unit's annual capacity 

factor decreased to less than 10 percent. 

In conclusion, the impacts of the 

standards are considered reasonable for 

steam generating units operated at 

annual capacity factors greater than 10 

percent 

5. Comment: The UARG pointed out 

that 8 60.46b(h)(2) addresses 

performance testing after the initial 

performance test The UARG 

recommended that to be consistent'with 

S 60.44b(j), S 60.48b(h)(2) should state 

that subsequent performance teste ara to 

be conducted over a 3-hour period 

Response: To be consistent with 

S 60.44b(j). $ 60.46b(h)(2) should state 

that subsequent performance teste .are to 

be conducted over a 3-hour period and, 

therefore, the wording in f 60.46b(h)(2) 

is being revised to reflect this change. 

£L Applicability of Standards to Units 

Greater than 250 Million Btu/hour 

1. Comment- Texaco, Inc*. stated that 

the approach used to determine the 

significance of NO, emissions was not 

justifiable. The proposed amendment 

stated that estimated NO, emissions 

from typical steam generating units 

operating at 10 percent or less capacity 

factor would be insignificant when 

compared to the overall annual tons of 

NO, reduction in the fifth year following 

promulgation of the NSPS. The 

commenter argued that the 20 tons per 

year of NO, reduction from each steam 

generating unit greater than 73 MW (250 

million Btu/hour) heat capacity could 

not be considered significant unless the 

n 
51824 Federal Register / Vol. 54. No. 241 / Monday, December 18. 1989 / Rules and Regulations 

P.9 

total number of large steam generating 

units was determined. 

Texaco Inc., recommended that all 

6team generating units firing natural gas. 

distillate oil or low nitrogen residual oil 

and operating at 10 percent or less 

capacity factor be exempted from both 

the NO, emission standards and the 

monitoring requirements. 

Response: The exemption from the 

NO, standards for auxiliary steam 

generating units less than 73 MW (250 

million Btu/hour) heat input capacity 

was established based on the 

reasonableness of controlling NO, 

emissions from such units. The cost of 

the emission reductions were considered 

in assessing the reasonableness of the 

NO, standards. 

Although the total number of auxiliary 

steam generating units and the annual 

NO, emissions from auxiliary steam 

generating units are small relative to 

annual NO, emissions from steam 

generating units operating at much 

higher capacity factors, the emissions 

from both large and small auxiliary 

steam generating units contribute 

significantly to the endangerment of 

public health and welfare, irrespective 

of the number of units. For large steam 

generating units, the cost of achieving 

the standard is considered reasonable 

and therefore, these unite are subject to 

the proposed compliance requirement 

For small steam generating units, 

however, the costs were considered 

excessive compared to potential 

emission reductions. For that reason, 

small units with very low capacity 

factors were exempted from the NO, 

standard 

F. Miscellaneous 

1. Comment The UARG also stated 

that { 60.49(q) delineates quarterly 

reporting requirements for steam 

generating units meeting the criteria set 

forth by % 60.44b(j) or § 60.44b(k). 

However, because Item (1)—results of 

NO, emission tests—applies only to 

those steam generating unite meeting the 

criteria of § 60.44b(j), the UARG 

suggested that Item (1) be added to Item 

(4), which also applies only to steam -

generating units meeting the criteria of 

S 60.44b(j). 

Response: Because those affected 

facilities that meet the criteria of 

9 60.44b(k) would not be subject to the 

NO, emission limit they would not be 

required to perform or to submit results 

of any NO, emission test on a quarterly 

basis. Therefore, i 60.49b(q) is being 

revised to clarify this point. 

2. Comment One commenter noted 

that § 60.46b(h) of the proposed 

amendment does not state that the 

affected facilities described in 

S 60.44b(k) are exempt from the initial 

and subsequent performance test 

requirements. 

Response: To clarify this exemption, 

the wording of } 60.46b(h) is being 

revised. 

III. Administrative Requirements 

The docket is an organized and 

complete file of all the information 

considered in the development of this 

regulation. The docket is a dynamic file 

because material is added throughout 

the rulemaking process. 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 and EPA 

responses to significant comments, 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). 

The effective date of this revised 

regulation is June 19,1984. 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 subtantial; as a result an economic 

impact assessment has not been 

prepared 

Paperwork Reduction Act 

Changes to the information collection 

requirements in this rule have been 

approved by 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 Sandy Farmer, 

Information Policy Branch. U.S. 

Environmental Protection Agency, 401M 

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

20460 or by calling (202) 382-2468. The 

public reporting burden for this 

collecton of information is estimated to 

be 99,800 hours per year for all 

respondents. 

Send comments regarding the burden 

estimate or any other aspect of this 

collection of information, including 

suggestions for reducing this burden, to 

Chief, Information Policy Branch (PM- . 

223), U.S. Environmental Protection 

Agency, 401 M Street, SW.. Washington, 

DC 20460; and to the Office of 

Information and Regulatory Affairs, 

Paperwork Reduction Project (2060-

1088), Office of Management and 

Budget Washington, DC 20503, marked 

"Attention: Desk Officer, for EPA." 

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). The EPA has determined 

that the 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. The 

EPA has, therefore, concluded that this 

action is not a "major rule" under 

Executive Order 12291. This regulation 

was submitted to the Office of 

Management and Budget (OMB) for 

review as required by Executive Order 

12291. Any written comments form OMB 

and any EPA response to those 

comments are in the public docket for 

this rulemaking. 

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 (51 FR 42787 and 42788, 

November 25,1986). 

List of Subjects in 40 CFR Part 60 

Air pollution control Incorporation by 

reference. Intergovernmental relations. 

Reporting and recordkeeping 

requirements. 

Dated: December 1,1989. 

William K. Reiily. 

Administrator. 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U0S.C. 7411,7414. and 7601(a). 

S 60.17 [AMENDED] 

2. Section 60.17 is amended by adding 

paragraph (h) to read as follows: 
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Federal Register / Vol. 54. No. 241 / Monday, December 18. 1989 / Rules and Regulations 51825 

(h) The ASME Power Test Codes 4.1.8 

August 1972, is available for purchase 

from the following address: The 

American Society of Mechanical 

Engineers, 22 Law Drive, Box 2350, 

Fairfield New Jersey 07007-2350. 

3. Section 60.44b is amended by 

adding a phrase to the beginning of 

paragraphs (a) and (b), and by revising 

paragraph (h), and by adding 

paragraphs (i), (j), and (k) to read as 

follows: 

560.44b standard for nitrogen oxides. 

(a) Except as provided under 

paragraph (k) of this section,' * * 

(b) Except as provided under 

paragraph (k) of this section, * * * 

(h) For purposes of paragraph (i) of 

this section, the nitrogen oxide 

standards under this section apply at all 

times including periods of startup, 

shutdown, or malfunction. 

(i) Except as provided under 

paragraph (j) of this section, compliance 

with the emission limits under this 

section is determined on a 30-day rolling 

average basis. 

(j) Compliance with the emission 

limits under this section is determined 

on a 24-hour average basis for the initial 

performance test and on a 3-hour 

average basis for subsequent 

performance tests for any affected 

facilities that 

(1) Combust alone or in combination, 

only natural gas, distillate oil or 

residual oil with a nitrogen content of 

0.30 weight percent or less; 

(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 and a nitrogen 

content of 0.30 weight percent or less. 

(k) Affected facilities that meet the 

criteria described in paragraphs (j) (1), 

(2), and (3) of this 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. 

4. Section 60.45b is amended by 

revising paragraph (b) to read as 

follows: 

S 60.45b Compliance and performance 

test methods and procedures for sulfur 

dioxide. 

(b) In conducting the performance 

tests required under { 60.8, the owner or 

operator shall use the methods and 

procedures in Appendix A of this part or 

the methods and procedures as specified 

in this section, except as provided in 

S 60.8(b). Section 60-8(1) does not apply 

to this section. The 30-day notice 

required in § 60.8(d) applies only to the 

initial performance test unless otherwise 

specified by the Administrator. 

« • • • • 

5. Section 60.46b is amended by 

revising paragraph (c) and adding 

paragraphs (g) and (h) as follows: 

{ 60.46b Compliance end performance 

test methods and procedures for 

particulate matter and nitrogen oxides. 

(c) Compliance with the nitrogen 

oxides emission standards under 

S 60.44b shall be determined through 

performance testing under paragraph (e) 

or (f). or under paragraphs (g) and (h) of 

this section, as applicable. 

(g) The owner or operator of an 

affected facility described in S 60.44b(j) 

or S 60.44b(k) shall demonstrate the 

maximum heat input capacity of the 

steam generating unit by operating the 

facility at maximum capacity for 24 

hours. The owner or operator of an 

affected facility shall determine the 

maximum heat input capacity using the 

heat loss method described in Sections 5 

and 7J of the ASME Power Test Codes 

4.1 (see IBR S 60.17(h)). This 

demonstration of maximum heat input 

capacity shall be made during the initial 

performance test for affected facilities 

that meet the criteria of $ 60.44b(j). It 

shall be made within 60 days after 

achieving the maximum production rate 

at which the affected facility will be 

operated but not later than 180 days 

after initial start-up of each facility, for 

affected facilities meeting the criteria of 

8 60.44b(k). Subsequent demonstrations 

may be required by the Administrator at 

any other time. If this demonstration 

indicates that the maximum heat input 

capacity of the affected facility is less 

than that stated by the manufacturer of 

the affected facility, the maximum heat 

input capacity determined during this 

demonstration shall be used to 

determine the capacity utilization rate 

for the affected facility. Otherwise, the 

maximum heat input capacity provided 

by the manufacturer is used. 

(h) The owner or operator of an 

affected facility described in { 60.44b(j) 

that has a heat input capacity greater 

than 73 MW (250 million Btu/hour) shall: 

(1) Conduct an initial performance test 

as required under S 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 8 60.44b using Method 

7,7A, 7E. or other approved reference 

methods; and 

(2) Conduct subsequent performance 

tests once per calendar year or every 

400 hours of operation (whichever 

comes first) to demonstrate compliance 

with the nitrogen oxides emission 

standards under 8 60.44b over a 

minimum of 3 consecutive steam 

generating unit operating hours at 

maximum heat input capacity using 

Method 7,7A, 7E. or other approved 

reference methods. 

6. Section 60.48b is amended by 

revising paragraph (b) and adding 

paragraph (i) to read as follows: 

S 60.48b Emission monitoring for 

particulate matter and nitrogen oxides. 

« • • * • 

(b) Except as provided under 

paragraphs (g), (h), and (i) of this 

section, the owner or operator of an 

affected facility subject, to the nitrogen 

oxides standards under 8 60.44b shall 

install calibrate, maintain, and operate 

a continuous monitoring system for 

measuring nitrogen oxides emissions 

discharged to the atmosphere and 

record the output of the system. 

(i) The owner or operator of an 

affected facility described in 8 60.44b(j) 

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

operate a continuous monitoring system 

for measuring nitrogen oxides emissions. 

7. Section 60.49b is amended by 

revising paragraphs (a)(2), (b), (e), (g) 

introductory text and adding 

paragraphs (p) and (q) to read as 

follows: 

{60.49b Reporting snd recordkeeping 

requirements. 

(a) * * * 

(2) If applicable, a copy of any 

Federally enforceable requirement that 

limits the annual capacity factor for any 

fuel or mixture of fuels under 

S 60.42b(d)(l). 8 60.43b(a)(2). 

8 60.43b(a)(3)(iii), 8 60.43b(c)(2)(ii). 

8 60.43b(d)(2)(iii). 8 60.44b(c). 

8 60.44b(d). 8 60.44b(e), 8 60.44b(i), 

8 60.44b(j). 8 60.44b(k), 8 60.45b(d), 

8 60.46b(g), 8 60.46b(h). or 8 60.48b(i). 

i. 

J 
P.11 

51826 Federal Register / Vol. 54, No. 241 / Monday, December 18, 1989 / Rules and Regulations 

(b) The owner or operator of each 

affected facility subject to the sulfur 

dioxide, particulate matter, and/or 

nitrogen oxides emission limits under 

8 60.42b, 8 60.43b, and 8 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 

8 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 8 60.46b(e)(4). § 60.44b(j), 

or 8 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 D3431-80, Test Method 

for Trace Nitrogen in Liquid Petroleum 

Hydrocarbons (IBR-see 8 60.17), or fuel 

suppliers. If residual oil blends are being 

combusted fuel nitrogen specifications 

may be prorated based on the ratio of 

residual oils of different nitrogen 

content in the fuel blend. 

(g) Except as provided under 

paragraph (p) of this section; the owner 

or operator of an affected facility 

subject to the nitrogen oxides standards 

under 8 60.44b shall maintain records of 

the following information for each steam 

generating unit operating day: 

* • * • • • 

(p) The owner or operator of an 

affected facility described in 8 60.44b(j) 

or 8 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, 

and 

(3) A record of the hourly steam load. 

. (q) The owner or operator of an 

affected facility described in 8 60.44b(j) 

or 8 60.44b(k) shall submit to the 

Administrator on a quarterly basis: 

(1) The annual capacity factor over 

the previous 12 months, 

(2) The average fuel nitrogen content 

during the quarter, if residual oil was 

fired; and 

(3) If the affected facility meets the 

criteria described in 8 60.44b(j), the 

results of any nitrogen oxides emission 

teste required during the quarter, the 

hours of operation during the quarter, 

and the hours of operation since the last 

nitrogen oxides emission test 

(FR Doc. 69-28693 Filed 12-15-89; 8:45 am] 

BtLUNO CODE (S6O-60-U 

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