[Title 40 CFR 60.42c]
[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. 60.42c - Standard for sulfur dioxide (SO2).]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.42cSec. 60.42cPROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Standards of Performance for Small Industrial-Commercial-
Sec. 60.42c  Standard for sulfur dioxide (SO2).

    (a) Except as provided in paragraphs (b), (c), and (e) of this 
section, on and after the date on which the performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, the owner or operator of an affected facility that combusts 
only coal shall neither: cause to be discharged into the atmosphere from 
the affected facility any gases that contain SO2 in excess of 
87 ng/J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction), nor cause to be 
discharged into the atmosphere from the affected facility any gases that 
contain SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input. 
If coal is combusted with other fuels, the affected facility shall 
neither: cause to be discharged into the atmosphere from the affected 
facility

[[Page 221]]

any gases that contain SO2 in excess of 87 ng/J (0.20 lb/
MMBtu) heat input or 10 percent (0.10) of the potential SO2 
emission rate (90 percent reduction), nor cause to be discharged into 
the atmosphere from the affected facility any gases that contain 
SO2 in excess of the emission limit is determined pursuant to 
paragraph (e)(2) of this section.
    (b) Except as provided in paragraphs (c) and (e) of this section, on 
and after the date on which the performance test is completed or 
required to be completed under Sec. 60.8, whichever date comes first, 
the owner or operator of an affected facility that:
    (1) Combusts only coal refuse alone in a fluidized bed combustion 
steam generating unit shall neither:
    (i) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) heat input or 20 percent (0.20) of the potential 
SO2 emission rate (80 percent reduction); nor
    (ii) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 
SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input. If coal 
is fired with coal refuse, the affected facility subject to paragraph 
(a) of this section. If oil or any other fuel (except coal) is fired 
with coal refuse, the affected facility is subject to the 87 ng/J (0.20 
lb/MMBtu) heat input SO2 emissions limit or the 90 percent 
SO2 reduction requirement specified in paragraph (a) of this 
section and the emission limit is determined pursuant to paragraph 
(e)(2) of this section.
    (2) Combusts only coal and that uses an emerging technology for the 
control of SO2 emissions shall neither:
    (i) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 50 percent 
(0.50) of the potential SO2 emission rate (50 percent 
reduction); nor
    (ii) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 260 ng/J 
(0.60 lb/MMBtu) heat input. If coal is combusted with other fuels, the 
affected facility is subject to the 50 percent SO2 reduction 
requirement specified in this paragraph and the emission limit 
determined pursuant to paragraph (e)(2) of this section.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, alone or in combination with any other fuel, and is listed in 
paragraphs (c)(1), (2), (3), or (4) of this section shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain SO2 in excess of the emission limit determined 
pursuant to paragraph (e)(2) of this section. Percent reduction 
requirements are not applicable to affected facilities under paragraphs 
(c)(1), (2), (3), or (4).
    (1) Affected facilities that have a heat input capacity of 22 MW (75 
MMBtu/hr) or less.
    (2) Affected facilities that have an annual capacity for coal of 55 
percent (0.55) or less and are subject to a federally enforceable 
requirement limiting operation of the affected facility to an annual 
capacity factor for coal of 55 percent (0.55) or less.
    (3) Affected facilities located in a noncontinental area.
    (4) Affected facilities that combust coal in a duct burner as part 
of a combined cycle system where 30 percent (0.30) or less of the heat 
entering the steam generating unit is from combustion of coal in the 
duct burner and 70 percent (0.70) or more of the heat entering the steam 
generating unit is from exhaust gases entering the duct burner.
    (d) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
oil shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 215 ng/J 
(0.50 lb/MMBtu) heat input; or, as an alternative, no owner or operator 
of an affected facility that combusts oil shall combust oil in the 
affected facility that contains greater than 0.5 weight percent sulfur. 
The percent reduction requirements are not applicable to affected 
facilities under this paragraph.

[[Page 222]]

    (e) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, oil, or coal and oil with any other fuel shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain SO2 in excess of the following:
    (1) The percent of potential SO2 emission rate or 
numerical SO2 emission rate required under paragraph (a) or 
(b)(2) of this section, as applicable, for any affected facility that
    (i) Combusts coal in combination with any other fuel;
    (ii) Has a heat input capacity greater than 22 MW (75 MMBtu/hr); and
    (iii) Has an annual capacity factor for coal greater than 55 percent 
(0.55); and
    (2) The emission limit determined according to the following formula 
for any affected facility that combusts coal, oil, or coal and oil with 
any other fuel:

[GRAPHIC] [TIFF OMITTED] TR28JA09.005

Where:

Es = SO2 emission limit, expressed in ng/J or lb/
MMBtu heat input;
Ka = 520 ng/J (1.2 lb/MMBtu);
Kb = 260 ng/J (0.60 lb/MMBtu);
Kc = 215 ng/J (0.50 lb/MMBtu);
Ha = Heat input from the combustion of coal, except coal 
combusted in an affected facility subject to paragraph (b)(2) of this 
section, in Joules (J) [MMBtu];
Hb = Heat input from the combustion of coal in an affected 
facility subject to paragraph (b)(2) of this section, in J (MMBtu); and
Hc = Heat input from the combustion of oil, in J (MMBtu).

    (f) Reduction in the potential SO2 emission rate through 
fuel pretreatment is not credited toward the percent reduction 
requirement under paragraph (b)(2) of this section unless:
    (1) Fuel pretreatment results in a 50 percent (0.50) or greater 
reduction in the potential SO2 emission rate; and
    (2) Emissions from the pretreated fuel (without either combustion or 
post-combustion SO2 control) are equal to or less than the 
emission limits specified under paragraph (b)(2) of this section.
    (g) Except as provided in paragraph (h) of this section, compliance 
with the percent reduction requirements, fuel oil sulfur limits, and 
emission limits of this section shall be determined on a 30-day rolling 
average basis.
    (h) For affected facilities listed under paragraphs (h)(1), (2), or 
(3) of this section, compliance with the emission limits or fuel oil 
sulfur limits under this section may be determined based on a 
certification from the fuel supplier, as described under Sec. 
60.48c(f), as applicable.
    (1) Distillate oil-fired affected facilities with heat input 
capacities between 2.9 and 29 MW (10 and 100 MMBtu/hr).
    (2) Residual oil-fired affected facilities with heat input 
capacities between 2.9 and 8.7 MW (10 and 30 MMBtu/hr).
    (3) Coal-fired facilities with heat input capacities between 2.9 and 
8.7 MW (10 and 30 MMBtu/hr).
    (i) The SO2 emission limits, fuel oil sulfur limits, and 
percent reduction requirements under this section apply at all times, 
including periods of startup, shutdown, and malfunction.
    (j) For affected facilities located in noncontinental areas and 
affected facilities complying with the percent reduction standard, only 
the heat input supplied to the affected facility from the combustion of 
coal and oil is counted under this section. No credit is provided for 
the heat input to the affected facility from wood or other fuels or for 
heat derived from exhaust gases from other sources, such as stationary 
gas turbines, internal combustion engines, and kilns.

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