p.1 

OAR Box 1865 

Prepped by Charmelle Mathews 

Document Number: 

185) VIII-H-1 

Docket Number: 

A-83-27 

Printed 12/3/2008 3:22:24 PM Sheet 185 of 198 
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A-e-i-z-7 

zni-H-i 

Standard Form 83 

(R<v.S«pt«nC>ei 1983) 

EPA AIR DOCKET 

Request for OMB Review 

Important 

Read instructions before completing form. Oo not use the same SF 83 

to request both an Executive Order 12291 review and approval under 

the Paperwork Reduction Act. 

Answer all questions in Part I. If this request is for review under E.O. 

12291. complete Part II and sign the regulatory certification. If this 

request is for approval under the Paperwork Reduction Act and 5 CFR 

1320. skip Part II. complete Part III and sign the paperwork certification. 

Send three copies of this form, the materia! to be reviewed, and foi 

paperwork—three copies of the supporting statement, to: 

Office of Information and Regulatory Affairs 

Office of Management and Budget 

Attention: Docket Library, Room 3201 

Washington, OC 20503 

PART I.—Complete This Part for All Requests. 

1. Department/agency and Bureau/office originating request 

EPA/Office of Air and Radiation 

2. Agency code 

2 0 0 

3. Name of person who can best answer questions regarding this request 

Fred Porter (MD-13) 

Telephone number 

(FTS ) 629.-5251 

4. Title of information collection or rulemaking 

Proposed Revision to NSPS for Industrial-Commercial-Institutional 

Steam Generating Units 

5. Legal authority for information collection or rule (die United States Code. Public Law. or Executive Order) 

42 tKfi7411 & 7414 Pf 

6. Affected public (check all that apply) 

i D Individuals or households 

2 GO State or local governments 

3 D Farms 

4 0 Businesses or other for-profit 

50 Federal agencies or employees 

6 E l Non-profit institutions 

7 O Small businesses or organizations 

PART II.—Complete This Part Only if theTtequest is for OMB Review Under Executive Order 12291 

7. Regulation Identifier Number (RIN) 

8. Type of submission (check one in each category) 

Classification 

1 • Major _ 

2 E Nonmajor 

.. or. None assigned |j(] 

Stage of development 

1 CO Proposed or draft 

2D Final or interim final, with prior proposal 

3 LJ Final or interim final, without prior proposal 

Type of review requested 

1 • Standard 

2D Pending 

3D Emergency 

4 f£x Statutory or judicial deadline 

9. CFR section affected 

40 TFP Part 60 

10. Does this regulation contain reporting or recordkeeping requirements that require OMB approval under the Paperwork Reduction Act 

and 5 CFR 1320? • • • • Yes 

1 • Yes 

• • 3 D Yes 

)C8No 

2 D 1 

<.Qi 

Certification for Regulatory Submissions 

In submitting this request tor OMB review, the authorized regulatory contact and the program official certify that the requirements of E.O. 12291 and any eppl cabl' 

policy directives have been complied with. 

Signature ol program official 

Director, Office of Air 

Quality Planning & Stand 

Date***. 4J , 

rd^ +M/sr~ 

Signature of authorized regu!ato^\ontact 

Da'.e 

12. (OMB utt only) 
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PART III. Complete This Part Only if the Request is for Approval of a Collection 

of Information Under the Paperwork Reduction Act and 5 CFR 1320. 

13. Abstract—Describe needs, uses and affected public in 50 words or less 

14. Type of information collection (check only one) 

Information collections not contained In rules 

1 D Regular submission 

Information collections contained In rules 

3D Existing regulation (no change proposed) 

4D Notice of proposed rulemaking (NPRM) 

5 • Final. NPRM was previously published 

2 D Emergency submission Ccerf/ficif/onaffac/ied^ 

6 Final or interim final without prior NPRM 

A D Regular submission 

B D Emergency submission (certification attached) 

7. Enter date of expected or actual Federal 

Register publication at this stage of rulemak 

(month, day, year): 

15. Type of review requested (check only one) 

New collection 

2 O Revision of a currently approved collection 

3 O Extension of the expiration date of a currently approved collection 

without any change in the substance or in the method of collection 

4 D Reinstatement of a previously approved collection for which approv 

has expired 

5 D Existing collection in use without an OMB control number 

16. Agency report form numbers) (include standard/optional form numbers)) 

17. Annual reporting or disclosure burden 

1 Number of respondents 

2 Number of responses per respondent . . 

3 Total annual responses (line 1 times line 2) 

4 Hours per response 

5 Total hours (line 3 times line 4) . . . . 

22. Purpose of information collection (check as many as apply) 

1 D Application for benefits 

2 D Program evaluation 

3 D General purpose statistics 

4 D Regulatory or compliance 

5 D Program planning or management 

6 D Research 

7 D Audit • 

18. Annual recordkeeping burden 

1 Number of recordkeepers 

2Annual hours per recordkeeper. 

3 Total recordkeeping hours (tine 1 times line 2) 

4 Recordkeeping retention period ..... . years| 

19. Total annual burden 

1 Requested (line 17-5 plus line 18-3) . 

2 In current OMB inventory . . . . 

3 Difference (line 1 less line 2) . . . 

Explanation of difference 

4 Program change 

• S Adjustment 7". 

23. Frequency of recordkeeping or reporting (check all that apply) 

1 D Recordkeeping 

Reporting 

2 D On occasion 

3 D Weekly 

4 D Monthly 

5 D Quarterly 

6 D Semi-annually 

7 D Annually 

8D Biennially 

9 D Other (describe): : ;—_ 

20. Current (mosf recent) OMB control number or comment number 

21. Requested expiration date 

24. Respondents' obligation to compryfcftecfcfbesf/wjgwstobrigarJon thata}. 

1 D Voluntary 

2 D Required to obtain or retain a benefit 

3 D Mandatory 

25. Are the respondents primarily educational agencies or institutions or is the primary purpose of the collection related to Federal education programs? D Yes ( 

26. Dees the agency use sampling to select respondents or does the agency recommend or prescribe the use of sampling or statistical analysis 

by respondents? •" DYes 

27. Regulatory authority for the information-collection 

CFR__ _ FR. : or. Other (specify): 

Paperwork Certification ~ 

In submitting this rec-est for OMB approval, the agency head, the senior official or an authorized representative, certifies thatthTrSjfJtf^enUjafcrf 5CFR 

Privacy Act. statistical standards or directives, and any other applicable information policy directives have been complied with. 

Signature of progr»T-. or!:c.al I Oate 

Signature o! agency -- .o the senior o".-..al oi an authorized representative Oat-* 
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ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 60 

[AD-FRL- } 

STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES: 

Industrial-Commercial-Institutional Steam Generating Units 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed revision of rule. 

SUMMARY: On December 16, 1987, standards of performance were 

promulgated (i.e., Subpart Db under 40 CFR Part 60) limiting 

emissions of sulfur dioxide (S02) and particulate matter (PM) 

from oil-fired industrial-commercial-institutional steam 

generating units with heat input capacities greater than 29 MW . 

(100 million Btu/hour) (52 FR 47826). Today's proposal would 

amend the S02 and PM emission limits included in these standards 

for oil-fired steam generating units by (1) increasing the SO2 

emission limit for very low sulfur oils exempt from the S02 

percent reduction requirement from 130 ng/J (0.3 lb S02/million 

Btu) to 215 ng/J (0.5 lb S02/million Btu), and (2) deleting the 

PM emission limit of 43 ng/J (0.10 lb PM/million Btu) for units 

which fire ver-y low sulfur oils. 

DATES: Comments. Comments on the proposed changes must be 

received by (Contact Ms. Ann Eleanor at FTS 629-5578). 

Public hearing. If anyone requests to speak at a 

public hearing by (Contact Ms. Ann Eleanor at FTS 

629-5578) , a public hearing will be held on ^ , 

beginning at 10:00 a.m. Persons interested in attending the 

hearing should call Ms. Ann Eleanor at (919) 541-5578 to verify 
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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 . (Contact Ms. Ann Eleanor at FTS 629-

5578) 

ADDRESSES: Comments. Comments on the proposed changes should be 

submitted (in duplicate, if possible) to: Air Docket, (LE-131), 

Room M-1500, 1st Floor, Waterside Mall, U.S. Environmental 

Protection Agency, 401 M Street, SW, Washington, DC 20460. 

Attention: Docket Number A-83-27. 

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-83-27, containing supporting 

information used in developing the proposed revision, is 

available for public inspection and copying between 8:30 a.m. and 

3:30 p.m., Monday through Friday, at the EPA's Air Docket, Room 

M-1500, 1st Floor, Waterside Mall, 401 M Street, SW, Washington, 

DC 20 460. 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 
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Branch, Emission Standards Division (MD-13), U.S. Environmental 

Protection Agency, Research Triangle Park, North Carolina, 27711. 

SUPPLEMENTARY INFORMATION: 

Background 

New source performance standards (NSPS) limiting emissions 

of S02 from industrial-commercial-institutional steam generating 

units with a heat input capacity greater than 29 MW (100 million 

Btu/hr) firing coal or oil and emissions of PM from units firing 

oil were proposed on June 19, 1986 (51 FR 22384). Standards 

limiting emissions of S02 and PM from this source category were 

promulgated on December 16, 1987 (52 FR 47826). 

Several petitions for reconsideration of these NSPS were 

filed with EPA in February, March, and May of 1988. These 

petitions were denied on January 13, 1989 (54 FR 1610). 

Among other things, this NSPS requires a 90 percent 

reduction in S02 emissions from industrial-commercialinstitutional steam generating units firing oil. Steam 

generating units firing very low sulfur oil, however, are exempt 

from this percent reduction requirement. As discussed in the 

notice promulgating the NSPS (52 FR 47826), the Agency considers 

the impacts associated with an NSPS requiring a percent reduction 

in S02 emissions unreasonable for steam generating units firing 

very low sulfur oil. 

In addition to limiting S02 emissions from oil-fired steam 

generating units, the NSPS also limits PM emissions from oilfired units. 
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Rationale - Oil SO-) Amendment 

The sulfur content of fuel oil varies widely, from as low as 

0.3 weight percent for some distillate and residual fuel oils to 

as much as 3.0 weight percent or more for some residual fuel 

oils. The maximum sulfur content of distillate fuel oil, 

however, is limited to 0.5 weight percent through fuel oil 

specifications adopted by the American Society for Testing and 

Materials (ASTM). Thus, the sulfur content of distillate fuel 

oil serves as a useful benchmark for distinguishing very low 

sulfur fuel oils from higher sulfur fuel oils. 

The national average sulfur content of distillate fuel oil 

is about 0.3 weight percent, which is equivalent to about 0.3 lb 

S02 per million Btu. Consequently, an S02 emission rate of 130 

ng/J (0.3 lb S02/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 S02 emissions from oil-fired industrialcommercial-institutional steam generating units with a heat input 

capacity greater than 29 MW (100 million Btu/hr) [e.g., 51 FR 

22384, 52 FR 47826, "Summary of Regulatory Analysis for New 

Source Performance Standards: Industrial-Commercial-Institutional 

Steam Generating Units of Greater than 100 Million Btu/hr Heat 

Input" (EPA-480/3-86-005)]. 

As mentioned above, steam generating units firing very low 

sulfur fuel oil are exempt from the S02 percent reduction 

requirement included in these standards limiting S02 emissions 
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from industrial-commercial-institutional steam generating units. 

This exemption is based on the conclusion that the impacts of 

standards requiring a percent reduction in S02 emissions are 

unreasonable for steam generating units firing very low sulfur 

fuel oil. Administratively, this exemption was included in the 

regulation by providing an exemption from the S02 percent 

reduction requirement for fuel oil with an S02 emission rate of 

less than 130 ng/J (0.3 lb S02/million Btu) based, as discussed 

above, on the sulfur content of distillate fuel oil. 

A recent review of Department of Energy data, however, 

indicates 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, depending on 

factors such as the season of the year, geographic location, the 

crude oil from which the distillate fuel oil is refined, and the 

extent to which desulfurization or blending is used to produce 

distillate fuel oil at a refinery, the sulfur content of 

distillate fuel oil can range from as low as 0.1 weight percent 

to as high as 0.4 weight percent and, on occasion, as high as 0.5 

weight percent,. 

As mentioned above, the maximum sulfur content of distillate 

fuel oil is limited by ASTM fuel oil specifications and, in 

producing a distillate fuel oil product for sale, refineries 

meet, or exceed these specifications. The use and acceptance of 

these ASTM fuel oil specifications is so widespread that the 

actual specifications of a shipment of distillate fuel oil are 
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frequently not reported. As a result, when fuel oil terminals 

and local fuel oil distributors take delivery of a shipment of 

distillate fuel oil, they generally do not know the actual sulfur 

content of the distillate fuel oil they receive; they only know 

that it meets, or exceeds, ASTM specifications. 

The amount of distillate fuel oil that a new industrialcommercial-institutional steam generating unit might fire is so 

small that the owner or operator of the unit is limited to 

purchasing whatever distillate fuel oil is available from a fuel 

oil terminal or local fuel oil distributor. The owner or 

operator of the steam generating unit is unable to specify the 

sulfur content of the distillate fuel oil he would like to 

purchase, much as a motorist is unable to specify the octane of 

the gasoline he would like to purchase from his local service 

station. 

Also, since the fuel oil terminal or local fuel oil 

distributor generally does not know the actual sulfur content of 

the distillate fuel oil that is received, the owner or operator 

is unable to determine the sulfur content of the distillate fuel 

oil prior to .purchase. Consequently, the wide variation in the 

sulfur content of distillate fuel oil is beyond the control of 

the owner or operator of an industrial-commercial-institutional 

steam generating unit. 

In light of this wide variability in the sulfur content of 

distillate fuel oil, the present exemption from the percent 

reduction requirement included in the standards for industrial-
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commercial-institutional steam generating units firing fuel oil 

with an S02 emission rate of 130 ng/J (0.3 lb S02/million Btu) or 

less fails to provide the exemption for very low sulfur fuel oil 

which is necessary to ensure that the impacts of the standard are 

considered reasonable. This situation can be corrected by 

increasing the S02 emission rate in the exemption so that it 

reflects the maximum sulfur content of distillate fuel oil. For 

this reason, today's notice proposes to increase the S02 emission 

rate in the exemption from the percent reduction requirement for 

steam generating units firing very low sulfur fuel oil from 130 

ng/J (0.3 lb S02/million Btu) to 215 ng/J (0.5 lb S02/million 

Btu) . 

Rationale - Oil PM Amendment 

The standards limiting PM emissions from oil-fired 

industrial-commercial-institutional steam generating units under 

Subpart Db limit PM emissions to 43 ng/J (0.10 lb PM/million 

Btu). Firing very low sulfur fuel oils which are capable of 

meeting an S02 emission limit of 130 ng/J (0.3 lb S02/million Btu) 

or, for that matter an S02 emission limit of 215 ng/J (0.5 lb 

S02/million Btu), result in PM emissions of 43 ng/J (0.10 lb 

PM/million Btu) or less. 

Thus, for those oil-fired steam generating units which fire 

very low sulfur fuel oils, the imposition of a PM emission limit 

of 43 ng/J (0.10 lb PM/million Btu) achieves no additional PM 

emission reductions beyond that achieved by the S02 standards. 

On the other hand, the PM emission limit imposes additional costs 

7 
P.11 

due to the emission source testing requirements associated with 

the emission limit. As a result, the PM emission limit for oilfired steam generating units firing very low sulfur oils achieves 

no additional benefits, but imposes additional costs. For this 

reason, today's notice proposes to delete the PM emission limit 

from the PM standards for those oil-fired steam generating units 

which fire very low sulfur oils. 

Although combustion of very low sulfur oil results in very 

low PM emissions, it is possible through incomplete combustion 

for PM emissions to increase considerably. Incomplete combustion 

can result from poor maintenance or improper operation. In both 

cases, incomplete combustion can easily be identified by the 

increased opacity of emissions. Thus, the opacity limit in the 

PM standards for oil-fired steam generating units does achieve 

additional benefits in terms of PM emissions and no amendments 

are proposed to the opacity limits under the PM standards for 

those oil-fired steam generating units which fire very low sulfur 

oils. 

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 

not increase the burden on the industrial-commercial8 
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 not 

increase 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). 

Paperwork Reduction Act 

Changes to the information collection requirements as 

proposed in today's notice have not been submitted for approval 

to the Office of Management and Budget (OMB) under the Paperwork 

Reduction Act-r- 44 U.S.C. 3501 et seq. The information collection 

requirements previously approved by OMB for promulgation of the 

Industrial^Commercial-Institutional Steam Generating Unit NSPS 

(40 CFR Part 60 Subpart Db) in December 1987 were conservatively 

high estimates which represent "worst case" impacts. The small 

change in information collection caused by the elimination of a 

one-time-only initial PM performance test for oil-fired units 
firing very low sulfur oil does not change the "worst case" 

information collection requirements. Considering the other 

information collection activities required by the S02 and PM 

standards for oil-fired units (including an initial S02 

performance test, continuous monitoring for S02 and opacity, 

quarterly S02 continuous compliance reports with quality 

assurance requirements, and quarterly excess emission reports for 

opacity), the initial PM performance test is insignificant. 

Therefore, the burden of information collection remains 

unchanged. 

List of Subjects in 40 CFR Part 60 

Air pollution control. Intergovernmental relations, 

Reporting and recordkeeping requirements. 

Date: 

William K. Reilly 

Administrator. 

10 
PART 60 - 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: 

60.41b Definitions 

* * * * . * 

"Very low sulfur oil" means an oil that, when combusted 

without post-combustion S02 control, has an S02 emission rate 

equal to or less than 215 ng/J (0.5 lb S02/million Btu). 

3. Section 60.42b is amended by revising paragraphs (d) and 

(f) as follows: 

60.42b Standard for sulfur dioxide 

**** * 

(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), (3), or (4) of this 

section shall—cause to be discharged into the atmosphere any 

gases that contain sulfur dioxide in excess of 5 20 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. Percent reduction requirements are not 

applicable to affected facilities under this paragraph: 

(D * * * 

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(f) Compliance with the emission limits under this section 

are determined on a 24-hour average basis for affected facilities 

which (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 (3) do not combust any other fuel. 

4. Section 60.43b is amended by revising paragraphs (b) and 

(f) as follows: 

60.43b Standard for particulate matter 

**** * 

(b) On and after the date on which the performance test is 

completed or required to be completed under 60.8 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 or emerging technology to reduce S02 

emissions shall cause to be 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. 

* * * * * 

(f) On and after the date on which the initial performance 

test is completed or is required to be completed under 60.8 of 

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 

12 
P.16 

period per hour of not more than 27 percent opacity. 

5. Section 60.45b is amended by revising paragraph (d) as 

follows: 

60.45b Compliance and performance test methods and procedures 

for sulfur dioxide. 

**** * 

(d) 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: 

(D * * * 

13