[Title 40 CFR 60.40Da]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart Da - Standards of Performance for Electric Utility Steam]
[Sec. 60.40da - Applicability and designation of affected facility.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.40DaSec. 60.40DaPROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Standards of Performance for Electric Utility Steam
Sec. 60.40Da  Applicability and designation of affected facility.

    (a) Except as specified in paragraph (e) of this section, the 
affected facility to which this subpart applies is each electric utility 
steam generating unit:
    (1) That is capable of combusting more than 73 megawatts (MW) (250 
million British thermal units per hour (MMBtu/hr)) heat input of fossil 
fuel (either alone or in combination with any other fuel); and
    (2) For which construction, modification, or reconstruction is 
commenced after September 18, 1978.
    (b) An IGCC electric utility steam generating unit (both the 
stationary combustion turbine and any associated duct burners) is 
subject to this part and is not subject to subpart GG or KKKK of this 
part if both of the conditions specified in paragraphs (b)(1) and (2) of 
this section are met.
    (1) The IGCC electric utility steam generating unit is capable of 
combusting more than 73 MW (250 MMBtu/hr) heat input of fossil fuel 
(either alone or in combination with any other fuel); and
    (2) The IGCC electric utility steam generating unit commenced 
construction, modification, or reconstruction after February 28, 2005.
    (c) Any change to an existing fossil-fuel-fired steam generating 
unit to accommodate the use of combustible materials, other than fossil 
fuels, shall not bring that unit under the applicability of this 
subpart.
    (d) Any change to an existing steam generating unit originally 
designed to fire gaseous or liquid fossil fuels, to accommodate the use 
of any other fuel (fossil or nonfossil) shall not bring that unit under 
the applicability of this subpart.
    (e) Applicability of the requirement of this subpart to an electric 
utility combined cycle gas turbine other than an IGCC electric utility 
steam generating unit is as specified in paragraphs (e)(1) and (2) of 
this section.
    (1) Heat recovery steam generators used with duct burners and 
associated with an electric utility combined cycle gas turbine that are 
capable of combusting more than 73 MW (250 MMBtu/hr) heat input of 
fossil fuel are subject to this subpart except in cases when

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the heat recovery steam generator meets the applicability requirements 
and is subject to subpart KKKK of this part.
    (2) For heat recovery steam generators use with duct burners subject 
to this subpart, only emissions resulting from the combustion of fuels 
in the steam generating unit (i.e. duct burners) are subject to the 
standards under this subpart. (The emissions resulting from the 
combustion of fuels in the stationary combustion turbine engine are 
subject to subpart GG or KKK, as applicable, of this part).

[72 FR 32722, June 13, 2007, as amended at 74 FR 5078, Jan. 28, 2009]