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

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