[Title 40 CFR 60.43c]
[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. 60.43c - Standard for particulate matter (PM).]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01falseStandard for particulate matter (PM).60.43cSec. 60.43cPROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Standards of Performance for Small Industrial-Commercial-
Sec. 60.43c  Standard for particulate matter (PM).

    (a) 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 commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal or combusts mixtures of coal with

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other fuels and has a heat input capacity of 8.7 MW (30 MMBtu/hr) or 
greater, shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain PM in excess of the following 
emission limits:
    (1) 22 ng/J (0.051 lb/MMBtu) heat input if the affected facility 
combusts only coal, or combusts coal with other fuels and has an annual 
capacity factor for the other fuels of 10 percent (0.10) or less.
    (2) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility 
combusts coal with other fuels, has an annual capacity factor for the 
other fuels greater than 10 percent (0.10), and is subject to a 
federally enforceable requirement limiting operation of the affected 
facility to an annual capacity factor greater than 10 percent (0.10) for 
fuels other than coal.
    (b) 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 commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts wood or combusts mixtures of wood with other fuels 
(except coal) and has a heat input capacity of 8.7 MW (30 MMBtu/hr) or 
greater, shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain PM in excess of the following 
emissions limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor for wood greater than 30 percent (0.30); or
    (2) 130 ng/J (0.30 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor for wood of 30 percent (0.30) or less and is 
subject to a federally enforceable requirement limiting operation of the 
affected facility to an annual capacity factor for wood of 30 percent 
(0.30) or less.
    (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 can 
combust coal, wood, or oil and has a heat input capacity of 8.7 MW (30 
MMBtu/hr) or greater shall cause to be discharged into the atmosphere 
from that affected facility any gases that exhibit greater than 20 
percent opacity (6-minute average), except for one 6-minute period per 
hour of not more than 27 percent opacity. Owners and operators of an 
affected facility that elect to install, calibrate, maintain, and 
operate a continuous emissions monitoring system (CEMS) for measuring PM 
emissions according to the requirements of this subpart and are subject 
to a federally enforceable PM limit of 0.030 lb/MMBtu or less are exempt 
from the opacity standard specified in this paragraph.
    (d) The PM and opacity standards under this section apply at all 
times, except during periods of startup, shutdown, or malfunction.
    (e)(1) On and after the date on which the initial performance test 
is completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences construction, reconstruction, or modification after February 
28, 2005, and that combusts coal, oil, wood, a mixture of these fuels, 
or a mixture of these fuels with any other fuels and has a heat input 
capacity of 8.7 MW (30 MMBtu/hr) or greater shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of 13 ng/J (0.030 lb/MMBtu) heat input, except as provided 
in paragraphs (e)(2), (e)(3), and (e)(4) of this section.
    (2) As an alternative to meeting the requirements of paragraph 
(e)(1) of this section, the owner or operator of an affected facility 
for which modification commenced after February 28, 2005, may elect to 
meet the requirements of this paragraph. 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 commences modification after February 28, 2005 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of both:
    (i) 22 ng/J (0.051 lb/MMBtu) heat input derived from the combustion 
of coal, oil, wood, a mixture of these fuels, or a mixture of these 
fuels with any other fuels; and

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    (ii) 0.2 percent of the combustion concentration (99.8 percent 
reduction) when combusting coal, oil, wood, a mixture of these fuels, or 
a mixture of these fuels with any other fuels.
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a heat input 
capacity of 8.7 MW (30 MMBtu/hr) or greater shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of 43 ng/J (0.10 lb/MMBtu) heat input.
    (4) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, an owner or operator of an affected facility that 
commences construction, reconstruction, or modification after February 
28, 2005, and that combusts only oil that contains no more than 0.50 
weight percent sulfur or a mixture of 0.50 weight percent sulfur oil 
with other fuels not subject to a PM standard under Sec. 60.43c and not 
using a post-combustion technology (except a wet scrubber) to reduce PM 
or SO2 emissions is not subject to the PM limit in this 
section.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009]