[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31745]


[Federal Register: December 28, 1994]


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40 CFR Part 60

[AD-FRL-5128-5]


Standards of Performance for New Stationary Sources: Industrial-
Commercial-Institutional Steam Generating Units; Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed revision of rule.

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SUMMARY: New source performance standards (NSPS) limiting emissions of 
nitrogen oxides (NOX) from industrial-commercial-institutional 
steam generating units capable of combusting more than 100 million Btu 
per hour were proposed on June 19, 1984 and were promulgated on 
November 25, 1986. These standards limit NOX emissions from the 
combustion of fossil fuels, as well as the combustion of fossil fuels 
with other fuels or wastes. The standards include provisions for 
facility-specific NOX standards for steam generating units which 
simultaneously combust fossil fuel and chemical byproduct waste(s) 
under certain conditions. This action proposes to approve a facility-
specific NOX standard for a steam generating unit which 
simultaneously combusts fossil fuel and chemical byproduct waste at the 
Rohm & Haas Kentucky Plant located in Louisville, Kentucky.

DATES: Comments. Comments on the proposed revision must be received by 
January 27, 1995.

ADDRESSES: Comments. Comments on the proposed revision should be 
submitted (in duplicate, if possible) to: The Air and Radiation Docket 
and Information Center, 401 M Street, SW., Washington, DC 20460, 
attention Docket Number A-94-49.
    Docket. Docket Number A-94-49, containing supporting information 
used in developing the proposed revision, is available for public 
inspection and copying between the hours of 8:00 a.m. and 5:30 p.m., 
Monday through Friday (except for government holidays) at The Air and 
Radiation Docket and Information Center, 401 M Street, SW., Washington, 
DC 20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. George Smith at (919) 541-1549, 
Standards Development Branch, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711.

SUPPLEMENTARY INFORMATION:

Background

    Combustion is one means for disposal of chemical by-product wastes. 
Combustion in a flare or an incinerator is effective, in terms of 
disposal of the waste, but provides no additional benefit. Combustion 
in a steam generating unit, on the other hand, provides the benefit of 
energy recovery, thereby reducing overall energy consumption and 
conserving energy resources.
    Depending on the composition of the waste, however, combustion of 
chemical by-product waste may be an emission source of toxic air 
pollutants. For this reason, steam generating units are a source 
category scheduled for regulation by national emissions standards for 
hazardous air pollutants (NESHAP) under section 112 of the Clean Air 
Act by November 15, 2000.
    Currently, any steam generating unit which commenced construction, 
modification, or reconstruction after June 19, 1984 and is capable of 
combusting greater than 100 million Btu per hour of fossil fuel or a 
combination of fossil fuel with other fuels or wastes is subject to 
NSPS. These NSPS are codified under 40 CFR Part 60 as Subpart Db and 
include emission limits for NOX.
    These NSPS allow for two different NOX emission limits for 
steam generating units that combust either natural gas or distillate 
oil, depending on whether the steam generating unit has a low heat 
release rate or high heat release rate. A low heat release rate is 
defined in the NSPS as being 70,000 Btu/hour-cubic foot or less; a high 
heat release rate is greater than 70,000 Btu/hour-cubic foot. The 
NOX emission limit for low heat release rate steam generating 
units that combust either natural gas or distillate oil is 0.1 pounds 
per million Btu and for high heat release rate units it is 0.2 pounds 
per million Btu.
    The objective of the NSPS is to limit NOX emissions from the 
combustion of fossil fuel. For steam generating units combusting by-
product waste, the requirements of the NSPS vary depending on the 
operation of the steam generating units.
    During periods when only fossil fuel is combusted, the steam 
generating unit must comply with the NOX emission limits in the 
NSPS for fossil fuel. During periods when only by-product waste is 
combusted, the steam generating unit may be subject to other 
requirements or regulations which limit NOX emissions, but it is 
not subject to NOX emission limits under the NSPS. In addition, if 
the steam generating unit is subject to Federally enforceable permit 
conditions limiting the amount of fossil fuel combusted in the steam 
generating unit to an annual capacity factor of 10 percent or less, the 
steam generating unit is not subject to NOX emission limits under 
the NSPS, when it simultaneously combusts fossil fuel and by-product 
waste.
    With the exception noted above, during periods when fossil fuel and 
by-product waste is simultaneously combusted in a steam generating 
unit, the unit must generally comply with NOX emission limits 
under Sec. 60.44b(e) of the NSPS. Under Sec. 60.44b(e) the applicable 
NOX emission limit depends on the nature of the by-product waste 
combusted. In some situations, however, ``facility specific'' NOX 
emission limits developed under Sec. 60.44b(f) may apply. The order for 
determining which NOX emission limit applies is as follows.
    A steam generating unit simultaneously combusting fossil fuel and 
by-product waste is expected to comply with the NOX emission limit 
under Sec. 60.44b(e); only in a few situations may NOX emission 
limits developed under Sec. 60.44b(f) apply. Section 60.44b(e) includes 
an equation to determine the NOX emission limit applicable to a 
steam generating unit when it simultaneously combusts fossil fuel and 
by-product waste.
    In essence, if the by-product waste is gaseous in nature and it is 
combusted with natural gas or distillate oil, the equation in 
Sec. 60.44b(e) subjects the steam generating unit to the NOX 
emission rate for natural gas or distillate oil, which are the same 
under the NSPS. If the by-product waste is liquid in nature and it is 
combusted with residual oil, the equation subjects the steam generating 
unit to the NOX emission limit for residual oil. The heat input to 
the steam generating unit released by combustion of both the natural 
gas, distillate oil or residual oil, as well as the heat input released 
from combustion of the by-product waste, are used to determine 
compliance with the NOX emission limit.
    Finally, if the by-product waste is gaseous in nature or liquid in 
nature and is combusted with natural gas, distillate oil, residual oil, 
or coal, the equation subjects the steam generating unit to an NOX 
emission limit derived from the NOX emission limits for natural 
gas, distillate oil, residual oil, and coal. This NOX emission 
limit depends on the relative heat input to the steam generating unit 
provided by combustion of the gaseous and/or liquid by-product waste, 
natural gas, distillate oil, residual oil, and/or coal.
    As mentioned above, the objective of the NSPS is to limit NOX 
emissions from the combustion of fossil fuel. Consequently, in 
determining compliance with the NOX emission limits, NOX 
introduced into the steam generating unit with the combustion air or 
the fuel may be subtracted from NOX emissions released from the 
steam generating unit in determining compliance with the NOX 
emission limits under the NSPS. Such situations may arise where the 
exhaust from a gas turbine is used as a source of preheated combustion 
air to a steam generating unit. The gas turbine exhaust will contain 
NOX (which may be subject to the NOX emission limits in the 
NSPS applicable to gas turbines) and this NOX may be subtracted 
from the NOX released from the steam generating unit, in 
determining compliance with the NSPS applicable to steam generating 
units. Similarly, NOX contained in a by-product waste may be 
subtracted from the NOX released by the steam generating unit in 
determining compliance with the NSPS when the steam generating unit 
simultaneously combusts fossil fuel and by-product waste.
    Only where a steam generating unit which simultaneously combusts 
fossil fuel and by-product waste is unable to comply with the NOX 
emission limit determined under Sec. 60.44b(e), might a facility 
specific NOX emission limit under Sec. 60.44b(f) apply. This 
section permits a steam generating unit to petition the Administrator 
for a facility specific NOX emission limit. A facility specific 
NOX emission limit will be proposed and promulgated by the 
Administrator for the steam generating unit, however, only where the 
petition is judged to be complete.
    To be considered complete, a petition for a facility-specific 
NOX standard under Sec. 60.44b(f) consists of three components. 
The first component is a demonstration that the steam generating unit 
is able to comply with the NOX emission limit for fossil fuel when 
combusting fossil fuel alone. The purposes of this provision are to 
ensure that the steam generating unit has installed best demonstrated 
NOX control technology, to identify the NOX control 
technology installed, and to identify the manner in which this 
technology is operated to achieve compliance with the NOX emission 
limit for fossil fuel.
    The second component of a complete petition is a demonstration that 
this NOX control technology does not enable compliance with the 
NOX emission limit for fossil fuel when the steam generating unit 
simultaneously combusts fossil fuel with chemical byproduct waste under 
the same conditions used to demonstrate compliance on fossil fuel 
alone. In addition, this component of the petition must identify what 
unique and specific properties of the chemical byproduct waste(s) are 
responsible for preventing the steam generating unit from complying 
with the NOX emission limit for fossil fuel.
    The third component of a complete petition consists of data and or 
analysis to support a facility-specific NOX standard for the steam 
generating unit when it simultaneously combusts fossil fuel and 
chemical byproduct waste and operates the NOX control technology 
in the same manner it would be operated in to demonstrate and maintain 
compliance with the NOX emission limit for fossil fuel, if only 
fossil fuel were combusted. This component of the petition must 
identify the NOX emission limit(s) and/or operating parameter 
limits, and appropriate testing, monitoring, reporting and 
recordkeeping requirements which will ensure operation of the NOX 
control technology and minimize NOX emissions at all times.
    Upon receipt of a complete petition, the Administrator will propose 
a facility-specific NOX standard for the steam generating unit 
when it simultaneously combusts chemical byproduct waste with fossil 
fuel. The NOX standard will include the NOX emission limit(s) 
and/or operating parameter limit(s) to ensure operation of the NOX 
control technology at all times, as well as appropriate testing, 
monitoring, reporting and recordkeeping requirements.

Rohm & Haas Petition

    Rohm and Haas Kentucky Incorporated (Rohm & Haas) of Louisville, 
Kentucky has submitted a petition for a facility-specific NOX 
standard under Sec. 60.44b(f) of Subpart Db. The facility-specific 
standard would apply to a steam generating unit referred to by Rohm & 
Haas as Boiler No. 100. This steam generating unit has a heat input 
capacity of approximately 250 million Btu/hour and simultaneously 
combusts the fossil fuels natural gas and distillate oil with the 
chemical byproduct wastes of methyl methacrylate.
    Boiler No. 100 has a heat release rate of greater than 70,000 Btu/
hour-cubic foot, and is therefore a high heat release rate steam 
generating unit. Because Boiler No. 100 combusts natural gas and 
distillate oil, its applicable NOX emission limit is the high heat 
release rate NOX emission limit for natural gas and distillate oil 
of 0.2 pounds per million Btu.
    The merits of the Rohm & Haas petition are discussed below in terms 
of the components of a complete petition for a facility-specific 
NOX standard under Sec. 60.44b(f) of Subpart Db.

Component One: Fossil Fuel Compliance

    As discussed above, the first component of a complete petition is a 
demonstration that the steam generating unit is able to comply with the 
NOX emission limit for fossil fuel when combusting fossil fuel 
alone. This ensures the steam generating unit has installed best 
demonstrated NOX control technology, identifies the NOX 
control technology, and identifies the manner in which the NOX 
control technology is operated to demonstrate compliance.
    Section 60.44b(f) states that the owner or operator must conduct a 
30-day performance test with the steam generating unit combusting 
fossil fuel alone to demonstrate compliance with the NOX emission 
limit for fossil fuel. Rohm & Haas has submitted the results of a 30-
day performance test demonstrating compliance with the NOX 
emission limit in Subpart Db when combusting fossil fuel alone. The 30-
day performance test showed the NOX emissions to be 0.1 pounds per 
million Btu. This is less than the 0.2 pounds per million Btu emission 
limit specified in Subpart Db. The test results also identified the 
NOX control technology as a combination of low-NOX burners 
and flue gas recirculation. The low-NOX burners were operated with 
their air ratio control damper tee handles at a minimum of 5 inches out 
of the boiler to ensure minimal NOX formation by the low-NOX 
burner. The flue gas recirculation line was operated at a minimum of 10 
percent open as indicated by its valve opening position indicator to 
further minimize the formation of NOX.
    The Administrator considers the above data and information 
submitted by Rohm & Haas sufficient to satisfy the criteria of 
component one of a complete petition.

Component Two: Fossil Fuel/Waste Noncompliance

    As discussed above, the second component of a complete petition is 
a demonstration that the steam generating unit's NOX control 
technology does not enable compliance with the NOX emission limit 
for fossil fuel when the steam generating unit simultaneously combusts 
fossil fuel with chemical byproduct waste under the same conditions 
used to demonstrate compliance on fossil fuel alone. This component of 
the petition must also identify the unique and specific properties of 
the chemical byproduct waste(s) which prevent the steam generating unit 
from complying with the NOX emission limit for fossil fuel. Rohm & 
Haas has submitted data and information that demonstrates that Boiler 
No. 100 can not comply with the NOX emission limit for fossil fuel 
(natural gas and distillate oil) of 0.2 pounds per million Btu, when 
simultaneously combusting fossil fuel and chemical byproduct waste, and 
when employing the same NOX emission controls in the same manner 
as they were employed when Rohm & Haas demonstrated compliance with the 
NOX emission limit for fossil fuel alone.
    Rohm & Haas has shown that the properties of the chemical byproduct 
waste cause Boiler No. 100 to exceed the NOX emission limit for 
combusting fossil fuel alone. The chemical byproduct waste has an 
average nitrogen content of approximately 1.7 percent by weight. 
Moreover, Rohm & Haas has submitted to the Administrator the test 
results of NOX emissions from Boiler No. 100, when it had 
simultaneously combusted fossil fuel and chemical byproduct waste. Rohm 
& Haas has submitted data that demonstrates that the NOX emission 
limit that Boiler No. 100 can comply with when simultaneously 
combusting fossil fuel and chemical byproduct waste is 1.1 pounds per 
million Btu. The NOX control technology was the same combination 
of low-NOX burners and flue gas recirculation used to demonstrate 
compliance for fossil fuel alone. The low-NOX burners again were 
operated with their air ratio control damper tee handles at a minimum 
of 5 inches out of the boiler. The flue gas recirculation line again 
was operated at a minimum of 10 percent open as indicated by its valve 
opening position indicator.
    Although Rohm & Haas' Boiler No. 100 will employ low-NOX 
burners and flue gas recirculation to reduce NOX emissions, these 
emissions will still be above the 0.2 pounds per million limit 
specified in Subpart Db. The data and information provided by Rohm & 
Haas demonstrates to the Administrator's satisfaction that the NOX 
control technology installed and operated in a manner to achieve 
compliance with the NOX emission limit for fossil fuel, if fossil 
fuel alone were combusted in the unit, is unable to achieve compliance 
with the fossil fuel NOX emission limit when a mixture of chemical 
byproduct waste and fossil fuel is combusted in the unit. It also 
indicates the reason is the high level of nitrogen contained in the 
chemical byproduct wastes.
    The Administrator considers the above data and information 
submitted by Rohm & Haas sufficient to satisfy the criteria of 
component two of a complete petition.

Component Three: Facility Specific NOX Standard

    As discussed above, the third component of a complete petition is 
data and/or analysis to support a facility-specific NOX standard 
for the steam generating unit when it simultaneously combusts fossil 
fuel and chemical byproduct waste and operates the NOX control 
technology in the manner it would be operated in to demonstrate and 
maintain compliance with the NOX emission limit for fossil fuel, 
if only fossil fuel were combusted in the unit. This component of the 
petition must identify the NOX emission limit(s) and/or operating 
parameter limits, and appropriate testing, monitoring, reporting and 
recordkeeping requirements to ensure operation of the NOX control 
technology at all times.
    As discussed above, the data and information supplied by Rohm & 
Haas indicates:
    1. Low-NOX burners and flue gas recirculation are the 
technologies installed to comply with the NOX emission limit for 
fossil fuel.
    2. When combusting fossil fuel alone, the low-NOX burners and 
flue gas recirculation will ensure compliance with the NOX 
emission limit of 0.2 pounds per million Btu, when the low-NOX 
burners are operated with their air ratio control damper tee handles at 
a minimum of 5 inches out of the boiler and the flue gas recirculation 
line is operated at a minimum of 10 percent open as indicated by its 
valve opening position indicator.
    3. When simultaneously combusting fossil fuel and chemical 
byproduct waste, the low-NOX burners and flue gas recirculation 
will limit NOX emissions to 1.1 pounds per million Btu or less, 
when the low-NOX burners are operated with their air ratio control 
damper tee handles at a minimum of 5 inches out of the boiler and the 
flue gas recirculation line is operated at a minimum of 10 percent open 
as indicated by its valve opening position indicator.
    The information supplied by Rohm & Haas also indicates NOX 
emissions, as well as the settings of the low-NOX burner air ratio 
control damper tee handles and flue gas recirculation line valve 
opening position indicator, will be continuously measured and monitored 
to ensure operation of the NOX control technologies in the manner 
they would be operated in to demonstrate and maintain compliance with 
the NOX emission limit for fossil fuel, if only fossil fuel were 
combusted.
    The Administrator considers the above data and information 
submitted by Rohm & Haas sufficient to satisfy the criteria of 
component three of a complete petition.

Proposed Facility-Specific NOX Standard

    The Administrator considers the petition from Rohm & Haas complete 
and proposes that a facility-specific NOX standard for the steam 
generating unit. The NOX standard for Rohm & Haas' Boiler No. 100 
when it simultaneously combusts fossil fuel with chemical byproduct 
waste is proposed at 1.1 pounds per million Btu. A continuous NOX 
monitor shall be used to monitor compliance with the NOX emission 
limit in accordance with the requirements of Subpart Db. In addition, 
the low-NOX burners shall be operated with the air ratio control 
damper tee handle at a minimum of 5 inches out of the boiler, and the 
flue gas recirculation line shall be operated at a minimum of 10 
percent open as indicated by its valve opening position indicator.

Administrative Requirements

Executive Order 12866

    Under Executive Order 12866 {58 FR 51735, (October 4, 1993)}, the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    1. Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    2. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    3. Materially alter the budgetary impact of entitlements, grants, 
user fee, or lan programs or the rights and obligations of recipients 
thereof; or
    4. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This rule was classified ``non-significant'' under Executive Order 
12866 and, therefore was not reviewed by the Office of Management and 
Budget.

Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NSPS under 40 CFR Part 60, Subpart Db were submitted to and 
approved by the Office Of Management and Budget. A copy of this 
Information Collection Request (ICR) document (OMB control number 2060-
0135) may be obtained from Sandy Farmer, Information Policy Branch (PM-
223Y); U.S. Environmental Production Agency; 401 M Street, SW., 
Washington, DC 20460, or by calling (202) 260-2740. Today's changes to 
the NSPS do not affect the information collection burden estimates made 
previously. The information that is required to be collected for this 
facility specific NOX standard is the same as for all other 
affected facilities subject to these NSPS. Therefore, the ICR has not 
been revised.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires the identification 
of potentially adverse impacts of federal regulations upon small 
business entities. The Act specifically requires the completion of a 
Regulatory Flexibility Analysis in those instances where small business 
impacts are possible. Because this rulemaking imposes no adverse 
economic impacts, a Regulatory Flexibility Analysis has not been 
prepared.
    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this rule will not have a significant economic impact on a 
substantial number of small business entities.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Cement industry, Coal, Electric power plants, 
Gasoline, Heaters, Intergovernmental relations, Natural gas, Nitrogen 
dioxide, Petroleum, Reporting and recordkeeping requirements, Steel, 
Waste treatment and disposal.

    Dated: December 20, 1994.
Carol M. Browner,
Administrator.

    Title 40, chapter I, part 60, of the Code of Federal Regulations is 
proposed to be amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

Subpart Db--Standards of Performance for Industrial-Commercial-
Institutional Steam Generating Units

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401--7601.

    2. Section 60.49b is amended by adding paragraph (t) to read as 
follows:


Sec. 60.49b  Reporting and recordkeeping requirements.

* * * * *
    (t) Facility specific nitrogen oxides standard for Rohm and Haas 
Kentucky Incorporated's Boiler No. 100 located in Louisville, Kentucky:
    (1) Definitions.--Air ratio control damper is defined as the part 
of the low nitrogen oxides burner that is adjusted to control the split 
of total combustion air delivered to the reducing and oxidation 
portions of the combustion flame.
    Flue gas recirculation line is defined as the part of Boiler No. 
100 that recirculates a portion of the boiler flue gas back into the 
combustion air.
    (2) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the nitrogen oxides emission limit for fossil fuel in 
Sec. 60.44b(a) applies.
    (ii) When fossil fuel and chemical byproduct waste are 
simultaneously combusted, the nitrogen oxides emission limit is 473 ng/
J (1.1 lb/million Btu), and the air ratio control damper tee handle 
shall be at a minimum of 5 inches (12.7 centimeters) out of the boiler, 
and the flue gas recirculation line shall be operated at a minimum of 
10 percent open as indicated by its valve opening position indicator.
    (3) Emission monitoring for nitrogen oxides. (i) The air ratio 
control damper tee handle setting and the flue gas recirculation line 
valve opening position indicator setting shall be recorded during each 
8-hour operating shift.
    (ii) The nitrogen oxides emission limit shall be determined by the 
compliance and performance test methods and procedures for nitrogen 
oxides in Sec. 60.46b.
    (iii) The monitoring of the nitrogen oxides emission limit shall be 
performed in accordance with Sec. 60.48b.
    (4) Reporting and recordkeeping requirements. (i) The owner or 
operator of Boiler No. 100 shall submit a report on any excursions from 
the limits required by paragraph (b)(2) of this section to the 
Administrator with the quarterly report required by Sec. 60.49b(i).
    (ii) The owner or operator of Boiler No. 100 shall keep records of 
the monitoring required by paragraph (b)(3) of this section for a 
period of 2 years following the date of such record.
    (iii) The owner of operator of Boiler No. 100 shall perform all the 
applicable reporting and recordkeeping requirements of Sec. 60.49b.

[FR Doc. 94-31745 Filed 12-27-94; 8:45 am]
BILLING CODE 6560-50-P