[Title 40 CFR 60.40c]
[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 Dc - Standards of Performance for Small Industrial-Commercial-]
[Sec. 60.40c - Applicability and delegation of authority.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.40cSec. 60.40cPROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Standards of Performance for Small Industrial-Commercial-
Sec. 60.40c  Applicability and delegation of authority.

    (a) Except as provided in paragraphs (d), (e), (f), and (g) of this 
section, the affected facility to which this subpart applies is each 
steam generating unit for which construction, modification, or 
reconstruction is commenced after June 9, 1989 and that has a maximum 
design heat input capacity of 29 megawatts (MW) (100 million British 
thermal units per hour (MMBtu/hr)) or less, but greater than or equal to 
2.9 MW (10 MMBtu/hr).
    (b) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Clean Air Act, Sec. 60.48c(a)(4) 
shall be retained by the Administrator and not transferred to a State.
    (c) Steam generating units that meet the applicability requirements 
in paragraph (a) of this section are not subject to the sulfur dioxide 
(SO2) or particulate matter (PM) emission limits, performance 
testing requirements, or monitoring requirements under this subpart 
(Sec. Sec. 60.42c, 60.43c, 60.44c, 60.45c, 60.46c, or 60.47c) during 
periods of combustion research, as defined in Sec. 60.41c.
    (d) Any temporary change to an existing steam generating unit for 
the purpose of conducting combustion research is not considered a 
modification under Sec. 60.14.
    (e) Heat recovery steam generators that are associated with combined 
cycle gas turbines and meet the applicability requirements of subpart 
KKKK of this part are not subject to this subpart. This subpart will 
continue to apply to all other heat recovery steam generators that are 
capable of combusting more than or equal to 2.9 MW (10 MMBtu/hr) heat 
input of fossil fuel but less than or equal to 29 MW (100 MMBtu/hr) heat 
input of fossil fuel. If the heat recovery steam generator is subject to 
this subpart, only emissions resulting from combustion of fuels in the 
steam generating unit are subject to this subpart. (The gas turbine 
emissions are subject to subpart GG or KKKK, as applicable, of this 
part).
    (f) Any facility covered by subpart AAAA of this part is not subject 
by this subpart.
    (g) Any facility covered by an EPA approved State or Federal section 
111(d)/129 plan implementing subpart BBBB of this part is not subject by 
this subpart.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009]