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<CFRGRANULE xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="CFRMergedXML.xsd">
  <FDSYS>
    <CFRTITLE>40</CFRTITLE>
    <CFRTITLETEXT>Protection of Environment</CFRTITLETEXT>
    <VOL>6</VOL>
    <DATE>2008-07-01</DATE>
    <ORIGINALDATE>2008-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Standard for nitrogen oxides (NOX).</TITLE>
    <GRANULENUM>60.44Da</GRANULENUM>
    <HEADING>Section 60.44Da</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 40" SEQ="4">Protection of Environment</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="3">ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)</PARENT>
      <PARENT HEADING="SUBCHAPTER C" SEQ="2">AIR PROGRAMS (CONTINUED)</PARENT>
      <PARENT HEADING="PART 60" SEQ="1">STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES</PARENT>
      <PARENT HEADING="Subpart Da" SEQ="0">Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 60.44Da</SECTNO>
    <SUBJECT>Standard for nitrogen oxides (NO<E T="0732">X</E>).</SUBJECT>

    <P>(a) On and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere <PRTPAGE P="138"/>from any affected facility, except as provided under paragraphs (b), (d), (e), and (f) of this section, any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of the following emission limits, based on a 30-day rolling average basis, except as provided under § 60.48Da(j)(1):</P>
    <P>(1) NO<E T="52">X</E> emission limits.</P>
    <GPOTABLE CDEF="s100,8,8" COLS="3" OPTS="L2">
      <BOXHD>
        <CHED H="1">Fuel type</CHED>
        <CHED H="1">Emission limit for heat input</CHED>
        <CHED H="2">ng/J</CHED>
        <CHED H="2">lb/MMBtu</CHED>
      </BOXHD>
      <ROW>
        <ENT I="22">Gaseous fuels:</ENT>
      </ROW>
      <ROW>
        <ENT I="03">Coal-derived fuels</ENT>
        <ENT>210</ENT>
        <ENT>0.50</ENT>
      </ROW>
      <ROW>
        <ENT I="03">All other fuels</ENT>
        <ENT>86</ENT>
        <ENT>0.20</ENT>
      </ROW>
      <ROW>
        <ENT I="22">Liquid fuels:</ENT>
      </ROW>
      <ROW>
        <ENT I="03">Coal-derived fuels</ENT>
        <ENT>210</ENT>
        <ENT>0.50</ENT>
      </ROW>
      <ROW>
        <ENT I="03">Shale oil</ENT>
        <ENT>210</ENT>
        <ENT>0.50</ENT>
      </ROW>
      <ROW>
        <ENT I="03">All other fuels</ENT>
        <ENT>130</ENT>
        <ENT>0.30</ENT>
      </ROW>
      <ROW>
        <ENT I="22">Solid fuels:</ENT>
      </ROW>
      <ROW>
        <ENT I="03">Coal-derived fuels</ENT>
        <ENT>210</ENT>
        <ENT>0.50</ENT>
      </ROW>
      <ROW>
        <ENT I="03">Any fuel containing more than 25%, by weight, coal refuse</ENT>
        <ENT>
          <SU>(1)</SU>
        </ENT>
        <ENT>
          <SU>(1)</SU>
        </ENT>
      </ROW>
      <ROW>
        <ENT I="03">Any fuel containing more than 25%, by weight, lignite if the lignite is mined in North Dakota, South Dakota, or Montana, and is combusted in a slag tap furnace <SU>2</SU>
        </ENT>
        <ENT>340</ENT>
        <ENT>0.80</ENT>
      </ROW>
      <ROW>
        <ENT I="03">Any fuel containing more than 25%, by weight, lignite not subject to the 340 ng/J heat input emission limit <SU>2</SU>
        </ENT>
        <ENT>260</ENT>
        <ENT>0.60</ENT>
      </ROW>
      <ROW>
        <ENT I="03">Subbituminous coal</ENT>
        <ENT>210</ENT>
        <ENT>0.50</ENT>
      </ROW>
      <ROW>
        <ENT I="03">Bituminous coal</ENT>
        <ENT>260</ENT>
        <ENT>0.60</ENT>
      </ROW>
      <ROW>
        <ENT I="03">Anthracite coal</ENT>
        <ENT>260</ENT>
        <ENT>0.60</ENT>
      </ROW>
      <ROW>
        <ENT I="03">All other fuels</ENT>
        <ENT>260</ENT>
        <ENT>0.60</ENT>
      </ROW>
      <TNOTE>
        <SU>1</SU> Exempt from NO<E T="52">X</E> standards and NO<E T="52">X</E> monitoring requirements.</TNOTE>
      <TNOTE>
        <SU>2</SU> Any fuel containing less than 25%, by weight, lignite is not prorated but its percentage is added to the percentage of the predominant fuel.</TNOTE>
    </GPOTABLE>
    <P>(2) NO<E T="52">X</E> reduction requirement.</P>
    <GPOTABLE CDEF="s50,14" COLS="2" OPTS="L2">
      <BOXHD>
        <CHED H="1">Fuel type</CHED>
        <CHED H="1">Percent reduction of potential combustion<LI>concentration</LI>
        </CHED>
      </BOXHD>
      <ROW>
        <ENT I="01">Gaseous fuels</ENT>
        <ENT>25</ENT>
      </ROW>
      <ROW>
        <ENT I="01">Liquid fuels</ENT>
        <ENT>30</ENT>
      </ROW>
      <ROW>
        <ENT I="01">Solid fuels</ENT>
        <ENT>65</ENT>
      </ROW>
    </GPOTABLE>
    <P>(b) The emission limitations under paragraph (a) of this section do not apply to any affected facility which is combusting coal-derived liquid fuel and is operating under a commercial demonstration permit issued by the Administrator in accordance with the provisions of § 60.47Da.</P>
    <P>(c) Except as provided under paragraphs (d), (e), and (f) of this section, when two or more fuels are combusted simultaneously, the applicable standard is determined by proration using the following formula:</P>
    <MATH DEEP="28" SPAN="1">
      <MID>ER13JN07.010</MID>
    </MATH>
    <EXTRACT>
      <FP>Where:</FP>
      
      <FP SOURCE="FP-1">E<E T="52">n</E> = Applicable standard for NO<E T="52">X</E> when multiple fuels are combusted simultaneously (ng/J heat input);</FP>
      <FP SOURCE="FP-1">w = Percentage of total heat input derived from the combustion of fuels subject to the 86 ng/J heat input standard;</FP>
      <FP SOURCE="FP-1">x = Percentage of total heat input derived from the combustion of fuels subject to the 130 ng/J heat input standard;</FP>
      <FP SOURCE="FP-1">y = Percentage of total heat input derived from the combustion of fuels subject to the 210 ng/J heat input standard;</FP>
      <FP SOURCE="FP-1">z = Percentage of total heat input derived from the combustion of fuels subject to the 260 ng/J heat input standard; and</FP>
      <FP SOURCE="FP-1">v = Percentage of total heat input delivered from the combustion of fuels subject to the 340 ng/J heat input standard.</FP>
    </EXTRACT>
    

    <P>(d)(1) On and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, no owner or operator of an affected facility that commenced construction after July 9, 1997, but before or on February 28, 2005 shall cause to be discharged into the atmosphere any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of 200 ng/J (1.6 lb/MWh) gross energy output, based on a 30-day rolling average basis, except as provided under § 60.48Da(k).</P>

    <P>(2) On and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, no owner or operator of affected facility for which reconstruction commenced after July 9, 1997, but before or on February 28, 2005 shall cause to be discharged into the atmosphere any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of 65 ng/J (0.15 lb/MMBtu) heat input, based on a 30-day rolling average basis.</P>

    <P>(e) Except for an IGCC electric utility steam generating unit meeting the requirements of paragraph (f) of this section, on and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, no owner or operator of an affected facility that commenced construction, <PRTPAGE P="139"/>reconstruction, or modification after February 28, 2005 shall cause to be discharged into the atmosphere from that affected facility any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of the applicable emission limitation specified in paragraphs (e)(1) through (3) of this section.</P>

    <P>(1) For an affected facility for which construction commenced after February 28, 2005, the owner or operator shall not cause to be discharged into the atmosphere any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of 130 ng/J (1.0 lb/MWh) gross energy output on a 30-day rolling average basis, except as provided under § 60.48Da(k).</P>

    <P>(2) For an affected facility for which reconstruction commenced after February 28, 2005, the owner or operator shall not cause to be discharged into the atmosphere any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of either:</P>
    <P>(i) 130 ng/J (1.0 lb/MWh) gross energy output on a 30-day rolling average basis; or</P>
    <P>(ii) 47 ng/J (0.11 lb/MMBtu) heat input on a 30-day rolling average basis.</P>

    <P>(3) For an affected facility for which modification commenced after February 28, 2005, the owner or operator shall not cause to be discharged into the atmosphere any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of either:</P>
    <P>(i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling average basis; or</P>
    <P>(ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average basis.</P>
    <P>(f) On and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, the owner or operator of an IGCC electric utility steam generating unit subject to the provisions of this subpart and for which construction, reconstruction, or modification commenced after February 28, 2005, shall meet the requirements specified in paragraphs (f)(1) through (3) of this section.</P>

    <P>(1) Except as provided for in paragraphs (f)(2) and (3) of this section, the owner or operator shall not cause to be discharged into the atmosphere any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of 130 ng/J (1.0 lb/MWh) gross energy output on a 30-day rolling average basis.</P>

    <P>(2) When burning liquid fuel exclusively or in combination with solid-derived fuel such that the liquid fuel contributes 50 percent or more of the total heat input to the combined cycle combustion turbine, the owner or operator shall not cause to be discharged into the atmosphere any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of 190 ng/J (1.5 lb/MWh) gross energy output on a 30-day rolling average basis.</P>

    <P>(3) In cases when during a 30-day rolling average compliance period liquid fuel is burned in such a manner to meet the conditions in paragraph (f)(2) of this section for only a portion of the clock hours in the 30-day period, the owner or operator shall not cause to be discharged into the atmosphere any gases that contain NO<E T="52">X</E> (expressed as NO<E T="52">2</E>) in excess of the computed weighted-average emissions limit based on the proportion of gross energy output (in MWh) generated during the compliance period for each of emissions limits in paragraphs (f)(1) and (2) of this section.</P>
  </SECTION>
</CFRGRANULE>

