cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
1,648 rows where part_number = 60 and title_number = 40 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: part_name
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 40:40:7.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.1 Applicability. | EPA | [40 FR 53346, Nov. 17, 1975, as amended at 55 FR 51382, Dec. 13, 1990; 59 FR 12427, Mar. 16, 1994; 62 FR 52641, Oct. 8, 1997; 88 FR 80542, Nov. 17, 2023] | (a) Except as provided in subparts B, Ba, and C of this part, the provisions of this part apply to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication in this part of any standard (or, if earlier, the date of publication of any proposed standard) applicable to that facility. (b) Any new or revised standard of performance promulgated pursuant to section 111(b) of the Act shall apply to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication in this part of such new or revised standard (or, if earlier, the date of publication of any proposed standard) applicable to that facility. (c) In addition to complying with the provisions of this part, the owner or operator of an affected facility may be required to obtain an operating permit issued to stationary sources by an authorized State air pollution control agency or by the Administrator of the U.S. Environmental Protection Agency (EPA) pursuant to Title V of the Clean Air Act (Act) as amended November 15, 1990 (42 U.S.C. 7661). For more information about obtaining an operating permit see part 70 of this chapter. (d) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant in Elkton, Virginia. (1) This paragraph applies only to the pharmaceutical manufacturing facility, commonly referred to as the Stonewall Plant, located at Route 340 South, in Elkton, Virginia (“site”). (2) Except for compliance with 40 CFR 60.49b(u), the site shall have the option of either complying directly with the requirements of this part, or reducing the site-wide emissions caps in accordance with the procedures set forth in a permit issued pursuant to 40 CFR 52.2454. If the site chooses the option of reducing the site-wide emissions caps in accordance with the procedures set forth in such permit, the requirements of such permit shall apply in lieu of the … | |||
| 40:40:7.0.1.1.1.1.1.10 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.10 State authority. | EPA | The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from: (a) Adopting and enforcing any emission standard or limitation applicable to an affected facility, provided that such emission standard or limitation is not less stringent than the standard applicable to such facility. (b) Requiring the owner or operator of an affected facility to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of such facility. | ||||
| 40:40:7.0.1.1.1.1.1.11 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.11 Compliance with standards and maintenance requirements. | EPA | [38 FR 28565, Oct. 15, 1973, as amended at 39 FR 39873, Nov. 12, 1974; 43 FR 8800, Mar. 3, 1978; 45 FR 23379, Apr. 4, 1980; 48 FR 48335, Oct. 18, 1983; 50 FR 53113, Dec. 27, 1985; 51 FR 1790, Jan. 15, 1986; 52 FR 9781, Mar. 26, 1987; 62 FR 8328, Feb. 24, 1997; 65 FR 61749, Oct. 17, 2000] | (a) Compliance with standards in this part, other than opacity standards, shall be determined in accordance with performance tests established by § 60.8, unless otherwise specified in the applicable standard. (b) Compliance with opacity standards in this part shall be determined by conducting observations in accordance with Method 9 in appendix A of this part, any alternative method that is approved by the Administrator, or as provided in paragraph (e)(5) of this section. For purposes of determining initial compliance, the minimum total time of observations shall be 3 hours (30 6-minute averages) for the performance test or other set of observations (meaning those fugitive-type emission sources subject only to an opacity standard). (c) The opacity standards set forth in this part shall apply at all times except during periods of startup, shutdown, malfunction, and as otherwise provided in the applicable standard. (d) At all times, including periods of startup, shutdown, and malfunction, owners and operators shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (e)(1) For the purpose of demonstrating initial compliance, opacity observations shall be conducted concurrently with the initial performance test required in § 60.8 unless one of the following conditions apply. If no performance test under § 60.8 is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate at which the affected facility will be operated but no later than 180 days after initial startup of the facility. If visibilit… | |||
| 40:40:7.0.1.1.1.1.1.12 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.12 Circumvention. | EPA | [39 FR 9314, Mar. 8, 1974] | No owner or operator subject to the provisions of this part shall build, erect, install, or use any article, machine, equipment or process, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. | |||
| 40:40:7.0.1.1.1.1.1.13 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.13 Monitoring requirements. | EPA | [40 FR 46255, Oct. 6, 1975] | (a) For the purposes of this section, all continuous monitoring systems required under applicable subparts shall be subject to the provisions of this section upon promulgation of performance specifications for continuous monitoring systems under appendix B to this part and, if the continuous monitoring system is used to demonstrate compliance with emission limits on a continuous basis, appendix F to this part, unless otherwise specified in an applicable subpart or by the Administrator. Appendix F is applicable December 4, 1987. (b) All continuous monitoring systems and monitoring devices shall be installed and operational prior to conducting performance tests under § 60.8. Verification of operational status shall, as a minimum, include completion of the manufacturer's written requirements or recommendations for installation, operation, and calibration of the device. (c) If the owner or operator of an affected facility elects to submit continous opacity monitoring system (COMS) data for compliance with the opacity standard as provided under § 60.11(e)(5), he shall conduct a performance evaluation of the COMS as specified in Performance Specification 1, appendix B, of this part before the performance test required under § 60.8 is conducted. Otherwise, the owner or operator of an affected facility shall conduct a performance evaluation of the COMS or continuous emission monitoring system (CEMS) during any performance test required under § 60.8 or within 30 days thereafter in accordance with the applicable performance specification in appendix B of this part, The owner or operator of an affected facility shall conduct COMS or CEMS performance evaluations at such other times as may be required by the Administrator under section 114 of the Act. (1) The owner or operator of an affected facility using a COMS to determine opacity compliance during any performance test required under § 60.8 and as described in § 60.11(e)(5) shall furnish the Administrator two or, upon request, more copies of a written report of the resu… | |||
| 40:40:7.0.1.1.1.1.1.14 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.14 Modification. | EPA | [40 FR 58419, Dec. 16, 1975, as amended at 43 FR 34347, Aug. 3, 1978; 45 FR 5617, Jan. 23, 1980; 57 FR 32339, July 21, 1992; 65 FR 61750, Oct. 17, 2000] | (a) Except as provided under paragraphs (e) and (f) of this section, any physical or operational change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies shall be considered a modification within the meaning of section 111 of the Act. Upon modification, an existing facility shall become an affected facility for each pollutant to which a standard applies and for which there is an increase in the emission rate to the atmosphere. (b) Emission rate shall be expressed as kg/hr of any pollutant discharged into the atmosphere for which a standard is applicable. The Administrator shall use the following to determine emission rate: (1) Emission factors as specified in the latest issue of “Compilation of Air Pollutant Emission Factors,” EPA Publication No. AP-42, or other emission factors determined by the Administrator to be superior to AP-42 emission factors, in cases where utilization of emission factors demonstrates that the emission level resulting from the physical or operational change will either clearly increase or clearly not increase. (2) Material balances, continuous monitor data, or manual emission tests in cases where utilization of emission factors as referenced in paragraph (b)(1) of this section does not demonstrate to the Administrator's satisfaction whether the emission level resulting from the physical or operational change will either clearly increase or clearly not increase, or where an owner or operator demonstrates to the Administrator's satisfaction that there are reasonable grounds to dispute the result obtained by the Administrator utilizing emission factors as referenced in paragraph (b)(1) of this section. When the emission rate is based on results from manual emission tests or continuous monitoring systems, the procedures specified in appendix C of this part shall be used to determine whether an increase in emission rate has occurred. Tests shall be conducted under such conditions as the Administrator sha… | |||
| 40:40:7.0.1.1.1.1.1.15 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.15 Reconstruction. | EPA | [40 FR 58420, Dec. 16, 1975] | (a) An existing facility, upon reconstruction, becomes an affected facility, irrespective of any change in emission rate. (b) “Reconstruction” means the replacement of components of an existing facility to such an extent that: (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility, and (2) It is technologically and economically feasible to meet the applicable standards set forth in this part. (c) “Fixed capital cost” means the capital needed to provide all the depreciable components. (d) If an owner or operator of an existing facility proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility, he shall notify the Administrator of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information: (1) Name and address of the owner or operator. (2) The location of the existing facility. (3) A brief description of the existing facility and the components which are to be replaced. (4) A description of the existing air pollution control equipment and the proposed air pollution control equipment. (5) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new facility. (6) The estimated life of the existing facility after the replacements. (7) A discussion of any economic or technical limitations the facility may have in complying with the applicable standards of performance after the proposed replacements. (e) The Administrator will determine, within 30 days of the receipt of the notice required by paragraph (d) of this section and any additional information he may reasonably require, whether the proposed replacement constitutes reconstruction. (f) The Administrator's determination under paragraph … | |||
| 40:40:7.0.1.1.1.1.1.16 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.16 Priority list. | EPA | [47 FR 951, Jan. 8, 1982, as amended at 47 FR 31876, July 23, 1982; 51 FR 42796, Nov. 25, 1986; 52 FR 11428, Apr. 8, 1987; 61 FR 9919, Mar. 12, 1996] | Prioritized Major Source Categories 1 Low numbers have highest priority, e.g., No. 1 is high priority, No. 59 is low priority. 2 Formerly titled “Sintering: Clay and Fly Ash”. 3 Minor source category, but included on list since an NSPS is being developed for that source category. 4 Not prioritized, since an NSPS for this major source category has already been promulgated. | |||
| 40:40:7.0.1.1.1.1.1.17 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.17 Incorporations by reference. | EPA | [79 FR 11242, Feb. 27, 2014] | (a)(1) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the U.S. Environmental Protection Agency (EPA) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the EPA and at the National Archives and Records Administration (NARA). Contact the EPA at: EPA Docket Center, Public Reading Room, EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC; phone: (202) 566-1744. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov . (2) The IBR material may be obtained from the sources in the following paragraphs of this section or from one or more private resellers listed in this paragraph (a)(2). For material that is no longer commercially available, contact: the EPA (see paragraph (a)(1) of this section). (i) Accuris Standards Store, 321 Inverness Drive, South Englewood, CO 80112; phone: (800) 332-6077; website: https://store.accuristech.com . (ii) American National Standards Institute (ANSI), see paragraph (d) of this section. (iii) GlobalSpec, 257 Fuller Road, Suite NFE 1100, Albany, NY 12203-3621; phone: (800) 261-2052; website: https://standards.globalspec.com . (iv) Nimonik Document Center, 401 Roland Way, Suite 224, Oakland, CA 94624; phone (650) 591-7600; email: info@document-center.com ; website: www.document-center.com . (v) Techstreet, phone: (855) 999-9870; email: store@techstreet.com ; website: www.techstreet.com . (b) American Gas Association, available through ILI Infodisk, 610 Winters Avenue, Paramus, New Jersey 07652: (1) American Gas Association Report No. 3: Orifice Metering for Natural Gas and Other Related Hydrocarbon Fluids, Part 1: General Equations and Uncertainty Guidelin… | |||
| 40:40:7.0.1.1.1.1.1.18 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.18 General control device and work practice requirements. | EPA | [51 FR 2701, Jan. 21, 1986, as amended at 63 FR 24444, May 4, 1998; 65 FR 61752, Oct. 17, 2000; 73 FR 78209, Dec. 22, 2008] | (a) Introduction. (1) This section contains requirements for control devices used to comply with applicable subparts of 40 CFR parts 60 and 61. The requirements are placed here for administrative convenience and apply only to facilities covered by subparts referring to this section. (2) This section also contains requirements for an alternative work practice used to identify leaking equipment. This alternative work practice is placed here for administrative convenience and is available to all subparts in 40 CFR parts 60, 61, 63, and 65 that require monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21 monitor. (b) Flares. Paragraphs (c) through (f) apply to flares. (c)(1) Flares shall be designed for and operated with no visible emissions as determined by the methods specified in paragraph (f), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. (2) Flares shall be operated with a flame present at all times, as determined by the methods specified in paragraph (f). (3) An owner/operator has the choice of adhering to either the heat content specifications in paragraph (c)(3)(ii) of this section and the maximum tip velocity specifications in paragraph (c)(4) of this section, or adhering to the requirements in paragraph (c)(3)(i) of this section. (i)(A) Flares shall be used that have a diameter of 3 inches or greater, are nonassisted, have a hydrogen content of 8.0 percent (by volume), or greater, and are designed for and operated with an exit velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity, V max , as determined by the following equation: V max = (X H2 −K 1 )* K 2 Where: V max = Maximum permitted velocity, m/sec. K 1 = Constant, 6.0 volume-percent hydrogen. K 2 = Constant, 3.9(m/sec)/volume-percent hydrogen. X H2 = The volume-percent of hydrogen, on a wet basis, as calculated by using the American Society for Testing and Materials (ASTM) Method D1946-77. (Incorporated by reference as specified in § 60.17). Where: … | |||
| 40:40:7.0.1.1.1.1.1.19 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.19 General notification and reporting requirements. | EPA | [59 FR 12428, Mar. 16, 1994, as amended at 64 FR 7463, Feb. 12, 1998] | (a) For the purposes of this part, time periods specified in days shall be measured in calendar days, even if the word “calendar” is absent, unless otherwise specified in an applicable requirement. (b) For the purposes of this part, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, report, or other written communication to the Administrator, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification must be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification must be submitted 15 days after a particular event takes place, the notification shall be delivered or postmarked on or before 15 days following the end of the event. The use of reliable non-Government mail carriers that provide indications of verifiable delivery of information required to be submitted to the Administrator, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery, including the use of electronic media, agreed to by the permitting authority, is acceptable. (c) Notwithstanding time periods or postmark deadlines specified in this part for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. Procedures governing the implementation of this provision are specified in paragraph (f) of this section. (d) If an owner or operator of an affected facility in a State with delegated authority is required to submit periodic reports under this part to the State, and if the State has an established timeline for the submission of periodic reports that is consistent with the reporting frequency(ies) specified for such facility under … | |||
| 40:40:7.0.1.1.1.1.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.2 Definitions. | EPA | [44 FR 55173, Sept. 25, 1979, as amended at 45 FR 5617, Jan. 23, 1980; 45 FR 85415, Dec. 24, 1980; 54 FR 6662, Feb. 14, 1989; 55 FR 51382, Dec. 13, 1990; 57 FR 32338, July 21, 1992; 59 FR 12427, Mar. 16, 1994; 72 FR 27442, May 16, 2007] | The terms used in this part are defined in the Act or in this section as follows: Act means the Clean Air Act (42 U.S.C. 7401 et seq. ) Administrator means the Administrator of the Environmental Protection Agency or his authorized representative. Affected facility means, with reference to a stationary source, any apparatus to which a standard is applicable. Alternative method means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to the Administrator's satisfaction to, in specific cases, produce results adequate for his determination of compliance. Approved permit program means a State permit program approved by the Administrator as meeting the requirements of part 70 of this chapter or a Federal permit program established in this chapter pursuant to Title V of the Act (42 U.S.C. 7661). Capital expenditure means an expenditure for a physical or operational change to an existing facility which exceeds the product of the applicable “annual asset guideline repair allowance percentage” specified in the latest edition of Internal Revenue Service (IRS) Publication 534 and the existing facility's basis, as defined by section 1012 of the Internal Revenue Code. However, the total expenditure for a physical or operational change to an existing facility must not be reduced by any “excluded additions” as defined in IRS Publication 534, as would be done for tax purposes. Clean coal technology demonstration project means a project using funds appropriated under the heading ‘Department of Energy-Clean Coal Technology’, up to a total amount of $2,500,000,000 for commercial demonstrations of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. Commenced means, with respect to the definition of new source in section 111(a)(2) of the Act, that an owner or operator has undertaken a continuous program of construction or modification or that an owner or operator has ente… | |||
| 40:40:7.0.1.1.1.1.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.3 Units and abbreviations. | EPA | [42 FR 37000, July 19, 1977; 42 FR 38178, July 27, 1977] | Used in this part are abbreviations and symbols of units of measure. These are defined as follows: (a) System International (SI) units of measure: A—ampere g—gram Hz—hertz J—joule K—degree Kelvin kg—kilogram m—meter m 3 —cubic meter mg—milligram—10 −3 gram mm—millimeter—10 −3 meter Mg—megagram—10 6 gram mol—mole N—newton ng—nanogram—10 −9 gram nm—nanometer—10 −9 meter Pa—pascal s—second V—volt W—watt Ω—ohm µg—microgram—10 −6 gram A—ampere g—gram Hz—hertz J—joule K—degree Kelvin kg—kilogram m—meter m 3 —cubic meter mg—milligram—10 −3 gram mm—millimeter—10 −3 meter Mg—megagram—10 6 gram mol—mole N—newton ng—nanogram—10 −9 gram nm—nanometer—10 −9 meter Pa—pascal s—second V—volt W—watt Ω—ohm µg—microgram—10 −6 gram (b) Other units of measure: Btu—British thermal unit °C—degree Celsius (centigrade) cal—calorie cfm—cubic feet per minute cu ft—cubic feet dcf—dry cubic feet dcm—dry cubic meter dscf—dry cubic feet at standard conditions dscm—dry cubic meter at standard conditions eq—equivalent °F—degree Fahrenheit ft—feet gal—gallon gr—grain g-eq—gram equivalent hr—hour in—inch k—1,000 l—liter lpm—liter per minute lb—pound meq—milliequivalent min—minute ml—milliliter mol. wt.—molecular weight ppb—parts per billion ppm—parts per million psia—pounds per square inch absolute psig—pounds per square inch gage °R—degree Rankine scf—cubic feet at standard conditions scfh—cubic feet per hour at standard conditions scm—cubic meter at standard conditions sec—second sq ft—square feet std—at standard conditions Btu—British thermal unit °C—degree Celsius (centigrade) cal—calorie cfm—cubic feet per minute cu ft—cubic feet dcf—dry cubic feet dcm—dry cubic meter dscf—dry cubic feet at standard conditions dscm—dry cubic meter at standard conditions eq—equivalent °F—degree Fahrenheit ft—feet gal—gallon gr—gra… | |||
| 40:40:7.0.1.1.1.1.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.4 Address. | EPA | [40 FR 18169, Apr. 25, 1975] | (a) All requests, reports, applications, submittals, and other communications to the Administrator pursuant to this part shall be submitted in duplicate to the appropriate Regional Office of the U.S. Environmental Protection Agency to the attention of the Director of the Division indicated in the following table. Table 1 to Paragraph ( a ) (b) Section 111(c) directs the Administrator to delegate to each State, when appropriate, the authority to implement and enforce standards of performance for new stationary sources located in such State. All information required to be submitted to EPA under paragraph (a) of this section, must also be submitted to the appropriate State Agency of any State to which this authority has been delegated (provided, that each specific delegation may except sources from a certain Federal or State reporting requirement). The appropriate mailing address for those States whose delegation request has been approved is as follows: (1) [Reserved] (2) State of Alabama: Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, Alabama 36130-1463. (3) State of Alaska, Department of Environmental Conservation, Pouch O, Juneau, AK 99811. (4) Arizona: Arizona Department of Environmental Quality, Suite #160, 1110 West Washington Street, Phoenix, AZ 85007. Maricopa County Air Quality Department, 301 West Jefferson Street, Phoenix, AZ 85003. Pima County Department of Environmental Quality, 33 North Stone Avenue, Suite 700, Tucson, AZ 85701. Pinal County Air Quality Department, 31 North Pinal Street, Building F, Florence, AZ 85132. Arizona Department of Environmental Quality, Suite #160, 1110 West Washington Street, Phoenix, AZ 85007. Maricopa County Air Quality Department, 301 West Jefferson Street, Phoenix, AZ 85003. Pima County Department of Environmental Quality, 33 North Stone Avenue, Suite 700, Tucson, AZ 85701. Pinal County Air Quality Department, 31 North Pinal Street, Building F, Florence, AZ 85132. For tables listing the delegation status of agencies in R… | |||
| 40:40:7.0.1.1.1.1.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.5 Determination of construction or modification. | EPA | [40 FR 58418, Dec. 16, 1975] | (a) When requested to do so by an owner or operator, the Administrator will make a determination of whether action taken or intended to be taken by such owner or operator constitutes construction (including reconstruction) or modification or the commencement thereof within the meaning of this part. (b) The Administrator will respond to any request for a determination under paragraph (a) of this section within 30 days of receipt of such request. | |||
| 40:40:7.0.1.1.1.1.1.6 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.6 Review of plans. | EPA | [36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974] | (a) When requested to do so by an owner or operator, the Administrator will review plans for construction or modification for the purpose of providing technical advice to the owner or operator. (b)(1) A separate request shall be submitted for each construction or modification project. (2) Each request shall identify the location of such project, and be accompanied by technical information describing the proposed nature, size, design, and method of operation of each affected facility involved in such project, including information on any equipment to be used for measurement or control of emissions. (c) Neither a request for plans review nor advice furnished by the Administrator in response to such request shall (1) relieve an owner or operator of legal responsibility for compliance with any provision of this part or of any applicable State or local requirement, or (2) prevent the Administrator from implementing or enforcing any provision of this part or taking any other action authorized by the Act. | |||
| 40:40:7.0.1.1.1.1.1.7 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.7 Notification and record keeping. | EPA | [36 FR 24877, Dec. 28, 1971, as amended at 40 FR 46254, Oct. 6, 1975; 40 FR 58418, Dec. 16, 1975; 45 FR 5617, Jan. 23, 1980; 48 FR 48335, Oct. 18, 1983; 50 FR 53113, Dec. 27, 1985; 52 FR 9781, Mar. 26, 1987; 55 FR 51382, Dec. 13, 1990; 59 FR 12428, Mar. 16, 1994; 59 FR 47265, Sep. 15, 1994; 64 FR 7463, Feb. 12, 1999] | (a) Any owner or operator subject to the provisions of this part shall furnish the Administrator written notification or, if acceptable to both the Administrator and the owner or operator of a source, electronic notification, as follows: (1) A notification of the date construction (or reconstruction as defined under § 60.15) of an affected facility is commenced postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-produced facilities which are purchased in completed form. (2) [Reserved] (3) A notification of the actual date of initial startup of an affected facility postmarked within 15 days after such date. (4) A notification of any physical or operational change to an existing facility which may increase the emission rate of any air pollutant to which a standard applies, unless that change is specifically exempted under an applicable subpart or in § 60.14(e). This notice shall be postmarked 60 days or as soon as practicable before the change is commenced and shall include information describing the precise nature of the change, present and proposed emission control systems, productive capacity of the facility before and after the change, and the expected completion date of the change. The Administrator may request additional relevant information subsequent to this notice. (5) A notification of the date upon which demonstration of the continuous monitoring system performance commences in accordance with § 60.13(c). Notification shall be postmarked not less than 30 days prior to such date. (6) A notification of the anticipated date for conducting the opacity observations required by § 60.11(e)(1) of this part. The notification shall also include, if appropriate, a request for the Administrator to provide a visible emissions reader during a performance test. The notification shall be postmarked not less than 30 days prior to such date. (7) A notification that continuous opacity monitoring system data results will be used to determine compliance with the appli… | |||
| 40:40:7.0.1.1.1.1.1.8 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.8 Performance tests. | EPA | [36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974; 42 FR 57126, Nov. 1, 1977; 44 FR 33612, June 11, 1979; 54 FR 6662, Feb. 14, 1989; 54 FR 21344, May 17, 1989; 64 FR 7463, Feb. 12, 1999; 72 FR 27442, May 16, 2007; 75 FR 55646, Sept. 13, 2010; 79 FR 11241, Feb. 27, 2014; 81 FR 59809, Aug. 30, 2016] | (a) Except as specified in paragraphs (a)(1),(a)(2), (a)(3), and (a)(4) of this section, within 60 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of such facility, or at such other times specified by this part, and at such other times as may be required by the Administrator under section 114 of the Act, the owner or operator of such facility shall conduct performance test(s) and furnish the Administrator a written report of the results of such performance test(s). (1) If a force majeure is about to occur, occurs, or has occurred for which the affected owner or operator intends to assert a claim of force majeure, the owner or operator shall notify the Administrator, in writing as soon as practicable following the date the owner or operator first knew, or through due diligence should have known that the event may cause or caused a delay in testing beyond the regulatory deadline, but the notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the notice, and in such cases, the notification shall occur as soon as practicable. (2) The owner or operator shall provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in testing beyond the regulatory deadline to the force majeure; describe the measures taken or to be taken to minimize the delay; and identify a date by which the owner or operator proposes to conduct the performance test. The performance test shall be conducted as soon as practicable after the force majeure occurs. (3) The decision as to whether or not to grant an extension to the performance test deadline is solely within the discretion of the Administrator. The Administrator will notify the owner or operator in writing of approval or disapproval of the request for an extension as soon as practicable. (4) Until an extension of the performance test deadline has b… | |||
| 40:40:7.0.1.1.1.1.1.9 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | A | Subpart A—General Provisions | § 60.9 Availability of information. | EPA | The availability to the public of information provided to, or otherwise obtained by, the Administrator under this part shall be governed by part 2 of this chapter. (Information submitted voluntarily to the Administrator for the purposes of §§ 60.5 and 60.6 is governed by §§ 2.201 through 2.213 of this chapter and not by § 2.301 of this chapter.) | ||||
| 40:40:7.0.1.1.1.10.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.30f Scope and delegated authorities. | EPA | [81 FR 59313, Aug. 29, 2016, as amended at 84 FR 44555, Aug. 26, 2019] | This subpart establishes Emission Guidelines and compliance times for the control of designated pollutants from certain designated municipal solid waste (MSW) landfills in accordance with section 111(d) of the Clean Air Act and subpart B of this part. (a) If you are the Administrator of an air quality program in a state or United States protectorate with one or more existing MSW landfills that commenced construction, modification, or reconstruction on or before July 17, 2014, you must submit a state plan to the U.S. Environmental Protection Agency (EPA) that implements the Emission Guidelines contained in this subpart. The requirements for state and federal plans are specified in subpart B of this part with the exception that §§ 60.23 and 60.27 will not apply. Notwithstanding the provisions of § 60.20a(a) in subpart Ba of this part, the requirements of §§ 60.23a and 60.27a will apply for state plans submitted after September 6, 2019, and federal plans, except that the requirements of § 60.23a(a)(1) will apply to a notice of availability of a final guideline document that was published under § 60.22(a). Likewise, the requirements of § 60.27a(e)(1) will refer to a final guideline document that was published under § 60.22(a). (b) You must submit a state plan to the EPA by August 29, 2019. (c) The following authorities will not be delegated to state, local, or tribal agencies: (1) Approval of alternative methods to determine the NMOC concentration or a site-specific methane generation rate constant (k). (2) [Reserved] | |||
| 40:40:7.0.1.1.1.10.1.10 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.39f Recordkeeping guidelines. | EPA | [81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17260, Mar. 26, 2020] | For approval, a state plan must include the recordkeeping provisions in this section. (a) Except as provided in § 60.38f(d)(2), each owner or operator of an MSW landfill subject to the provisions of § 60.33f(e) must keep for at least 5 years up-to-date, readily accessible, on-site records of the design capacity report that triggered § 60.33f(e), the current amount of solid waste in-place, and the year-by-year waste acceptance rate. Off-site records may be maintained if they are retrievable within 4 hours. Either paper copy or electronic formats are acceptable. (b) Except as provided in § 60.38f(d)(2), each owner or operator of a controlled landfill must keep up-to-date, readily accessible records for the life of the control system equipment of the data listed in paragraphs (b)(1) through (5) of this section as measured during the initial performance test or compliance determination. Records of subsequent tests or monitoring must be maintained for a minimum of 5 years. Records of the control device vendor specifications must be maintained until removal. (1) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with § 60.33f(b): (i) The maximum expected gas generation flow rate as calculated in § 60.36f(a)(1). The owner or operator may use another method to determine the maximum gas generation flow rate, if the method has been approved by the Administrator. (ii) The density of wells, horizontal collectors, surface collectors, or other gas extraction devices determined using the procedures specified in § 60.40f(a)(1). (2) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with § 60.33f(c) through use of an enclosed combustion device other than a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts: (i) The average temperature measured at least every 15 minutes and averaged over the same time period of the performance test. (ii) The percent reduction of NMOC determined a… | |||
| 40:40:7.0.1.1.1.10.1.11 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.40f Specifications for active collection systems. | EPA | For approval, a state plan must include the specifications for active collection systems in this section. (a) Each owner or operator seeking to comply with § 60.33f(b) must site active collection wells, horizontal collectors, surface collectors, or other extraction devices at a sufficient density throughout all gas producing areas using the following procedures unless alternative procedures have been approved by the Administrator. (1) The collection devices within the interior must be certified to achieve comprehensive control of surface gas emissions by a professional engineer. The following issues must be addressed in the design: depths of refuse, refuse gas generation rates and flow characteristics, cover properties, gas system expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end use, air intrusion control, corrosion resistance, fill settlement, resistance to the refuse decomposition heat, and ability to isolate individual components or sections for repair or troubleshooting without shutting down entire collection system. (2) The sufficient density of gas collection devices determined in paragraph (a)(1) of this section must address landfill gas migration issues and augmentation of the collection system through the use of active or passive systems at the landfill perimeter or exterior. (3) The placement of gas collection devices determined in paragraph (a)(1) of this section must control all gas producing areas, except as provided by paragraphs (a)(3)(i) and (ii) of this section. (i) Any segregated area of asbestos or nondegradable material may be excluded from collection if documented as provided under § 60.39f(d). The documentation must provide the nature, date of deposition, location and amount of asbestos or nondegradable material deposited in the area, and must be provided to the Administrator upon request. (ii) Any nonproductive area of the landfill may be excluded from control, provided that the total of all excluded … | ||||
| 40:40:7.0.1.1.1.10.1.12 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.41f Definitions. | EPA | Terms used but not defined in this subpart have the meaning given them in the Clean Air Act and in subparts A and B of this part. Active collection system means a gas collection system that uses gas mover equipment. Active landfill means a landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future. Administrator means the Administrator of the U.S. Environmental Protection Agency or his/her authorized representative or the Administrator of a state air pollution control agency. Closed area means a separately lined area of an MSW landfill in which solid waste is no longer being placed. If additional solid waste is placed in that area of the landfill, that landfill area is no longer closed. The area must be separately lined to ensure that the landfill gas does not migrate between open and closed areas. Closed landfill means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without first filing a notification of modification as prescribed under § 60.7(a)(4). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed. Closed landfill subcategory means a closed landfill that has submitted a closure report as specified in § 60.38f(f) on or before September 27, 2017. Closure means that point in time when a landfill becomes a closed landfill. Commercial solid waste means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes. Controlled landfill means any landfill at which collection and control systems are required under this subpart as a result of the NMOC emission rate. The landfill is considered controlled at the time a collection and control system design plan is prepared in compliance with § 60.33f(e)(2). Corrective action analysis means a description of all reasonable interim and long-term measures, if … | ||||
| 40:40:7.0.1.1.1.10.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.31f Designated facilities. | EPA | (a) The designated facility to which these Emission Guidelines apply is each existing MSW landfill for which construction, reconstruction, or modification was commenced on or before July 17, 2014. (b) Physical or operational changes made to an existing MSW landfill solely to comply with an emission guideline are not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of a standard of performance for new MSW landfills. (c) For purposes of obtaining an operating permit under title V of the Clean Air Act, the owner or operator of an MSW landfill subject to this subpart with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters is not subject to the requirement to obtain an operating permit for the landfill under part 70 or 71 of this chapter, unless the landfill is otherwise subject to either part 70 or 71. For purposes of submitting a timely application for an operating permit under part 70 or 71, the owner or operator of an MSW landfill subject to this subpart with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters on the effective date of EPA approval of the state's program under section 111(d) of the Clean Air Act, and not otherwise subject to either part 70 or 71, becomes subject to the requirements of § 70.5(a)(1)(i) or § 71.5(a)(1)(i) of this chapter 90 days after the effective date of such section 111(d) program approval, even if the design capacity report is submitted earlier. (d) When an MSW landfill subject to this subpart is closed as defined in this subpart, the owner or operator is no longer subject to the requirement to maintain an operating permit under part 70 or 71 of this chapter for the landfill if the landfill is not otherwise subject to the requirements of either part 70 or 71 and if either of the following conditions are met: (1) The landfill was never subject to the requirement to install and operate a gas collection and control system under § 60.33f; or (2) The l… | ||||
| 40:40:7.0.1.1.1.10.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.32f Compliance times. | EPA | Planning, awarding of contracts, installing, and starting up MSW landfill air emission collection and control equipment that is capable of meeting the Emission Guidelines under § 60.33f must be completed within 30 months after the date an NMOC emission rate report shows NMOC emissions equal or exceed 34 megagrams per year (50 megagrams per year for the closed landfill subcategory); or within 30 months after the date of the most recent NMOC emission rate report that shows NMOC emissions equal or exceed 34 megagrams per year (50 megagrams per year for the closed landfill subcategory), if Tier 4 surface emissions monitoring shows a surface emission concentration of 500 parts per million methane or greater. | ||||
| 40:40:7.0.1.1.1.10.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.33f Emission Guidelines for municipal solid waste landfill emissions. | EPA | (a) Landfills. For approval, a state plan must require each owner or operator of an MSW landfill having a design capacity greater than or equal to 2.5 million megagrams by mass and 2.5 million cubic meters by volume to collect and control MSW landfill emissions at each MSW landfill that meets the following conditions: (1) The landfill has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition. (2) The landfill commenced construction, reconstruction, or modification on or before July 17, 2014. (3) The landfill has an NMOC emission rate greater than or equal to 34 megagrams per year or Tier 4 surface emissions monitoring shows a surface emission concentration of 500 parts per million methane or greater. (4) The landfill in the closed landfill subcategory and has an NMOC emission rate greater than or equal to 50 megagrams per year or Tier 4 surface emissions monitoring shows a surface emission concentration of 500 parts per million methane or greater. (b) Collection system. For approval, a state plan must include provisions for the installation of a gas collection and control system meeting the requirements in paragraphs (b)(1) through (3) and (c) of this section at each MSW landfill meeting the conditions in paragraph (a) of this section. (1) Collection system. Install and start up a collection and control system that captures the gas generated within the landfill within 30 months after: (i) The first annual report in which the NMOC emission rate equals or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 34 megagrams per year, as specified in § 60.38f(d)(4); or (ii) The first annual NMOC emission rate report for a landfill in the closed landfill subcategory in which the NMOC emission rate equals or exceeds 50 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 50 megagrams per year, as specified in § 60.38f(d)(4)… | ||||
| 40:40:7.0.1.1.1.10.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.34f Operational standards for collection and control systems. | EPA | [81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17259, Mar. 26, 2020] | For approval, a state plan must include provisions for the operational standards in this section (as well as the provisions in §§ 60.36f and 60.37f), or the operational standards in § 63.1958 of this chapter (as well as the provisions in §§ 63.1960 of this chapter and 63.1961 of this chapter), or both as alternative means of compliance, for an MSW landfill with a gas collection and control system used to comply with the provisions of § 60.33f(b) and (c). Once the owner or operator begins to comply with the provisions of § 63.1958 of this chapter, the owner or operator must continue to operate the collection and control device according to those provisions and cannot return to the provisions of this section. Each owner or operator of an MSW landfill with a gas collection and control system used to comply with the provisions of § 60.33f(b) and (c) must: (a) Operate the collection system such that gas is collected from each area, cell, or group of cells in the MSW landfill in which solid waste has been in place for: (1) Five (5) years or more if active; or (2) Two (2) years or more if closed or at final grade. (b) Operate the collection system with negative pressure at each wellhead except under the following conditions: (1) A fire or increased well temperature. The owner or operator must record instances when positive pressure occurs in efforts to avoid a fire. These records must be submitted with the annual reports as provided in § 60.38f(h)(1). (2) Use of a geomembrane or synthetic cover. The owner or operator must develop acceptable pressure limits in the design plan. (3) A decommissioned well. A well may experience a static positive pressure after shut down to accommodate for declining flows. All design changes must be approved by the Administrator as specified in § 60.38f(d). (c) Operate each interior wellhead in the collection system with a landfill gas temperature less than 55 degrees Celsius (131 degrees Fahrenheit). The owner or operator may establish a higher operating temperature value at a parti… | |||
| 40:40:7.0.1.1.1.10.1.6 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.35f Test methods and procedures. | EPA | For approval, a state plan must include provisions in this section to calculate the landfill NMOC emission rate or to conduct a surface emission monitoring demonstration. (a)(1) NMOC Emission Rate. The landfill owner or operator must calculate the NMOC emission rate using either Equation 1 provided in paragraph (a)(1)(i) of this section or Equation 2 provided in paragraph (a)(1)(ii) of this section. Both Equation 1 and Equation 2 may be used if the actual year-to-year solid waste acceptance rate is known, as specified in paragraph (a)(1)(i) of this section, for part of the life of the landfill and the actual year-to-year solid waste acceptance rate is unknown, as specified in paragraph (a)(1)(ii) of this section, for part of the life of the landfill. The values to be used in both Equation 1 and Equation 2 are 0.05 per year for k, 170 cubic meters per megagram for Lo, and 4,000 parts per million by volume as hexane for the C NMOC . For landfills located in geographical areas with a 30-year annual average precipitation of less than 25 inches, as measured at the nearest representative official meteorologic site, the k value to be used is 0.02 per year. (i)(A) Equation 1 must be used if the actual year-to-year solid waste acceptance rate is known. Where: M NMOC = Total NMOC emission rate from the landfill, megagrams per year. k = Methane generation rate constant, year −1 . L o = Methane generation potential, cubic meters per megagram solid waste. M i = Mass of solid waste in the i th section, megagrams. t i = Age of the i th section, years. C NMOC = Concentration of NMOC, parts per million by volume as hexane. 3.6 × 10 −9 = Conversion factor. Where: M NMOC = Total NMOC emission rate from the landfill, megagrams per year. k = Methane generation rate constant, year −1 . L o = Methane generation potential, cubic meters per megagram solid waste. M i = Mass of solid waste in the i th section, megagrams. t i = Age of the i th section, years. C NMOC = Concentration of NMOC… | ||||
| 40:40:7.0.1.1.1.10.1.7 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.36f Compliance provisions. | EPA | [81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17259, Mar. 26, 2020] | For approval, a state plan must include the compliance provisions in this section (as well as the provisions in §§ 60.34f and 60.37f), or the compliance provisions in § 63.1960 of this chapter (as well as the provisions in §§ 63.1958 of this chapter and 63.1961 of this chapter), or both as alternative means of compliance, for an MSW landfill with a gas collection and control system used to comply with the provisions of § 60.33f(b) and (c). Once the owner or operator begins to comply with the provisions of § 63.1960 of this chapter, the owner or operator must continue to operate the collection and control device according to those provisions and cannot return to the provisions of this section. (a) Except as provided in § 60.38f(d)(2), the specified methods in paragraphs (a)(1) through (6) of this section must be used to determine whether the gas collection system is in compliance with § 60.33f(b)(2). (1) For the purposes of calculating the maximum expected gas generation flow rate from the landfill to determine compliance with § 60.33f(b)(2)(i), either Equation 5 or Equation 6 in paragraph (a)(1)(i) or (ii) of this section must be used. The methane generation rate constant (k) and methane generation potential (L o ) kinetic factors should be those published in the most recent AP-42 or other site-specific values demonstrated to be appropriate and approved by the Administrator. If k has been determined as specified in § 60.35f(a)(4), the value of k determined from the test must be used. A value of no more than 15 years must be used for the intended use period of the gas mover equipment. The active life of the landfill is the age of the landfill plus the estimated number of years until closure. (i) For sites with unknown year-to-year solid waste acceptance rate: Where: Q m = Maximum expected gas generation flow rate, cubic meters per year. L o = Methane generation potential, cubic meters per megagram solid waste. R = Average annual acceptance rate, megagrams per year. k = Methane generation rate con… | |||
| 40:40:7.0.1.1.1.10.1.8 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.37f Monitoring of operations. | EPA | [81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17260, Mar. 26, 2020] | For approval, a state plan must include the monitoring provisions in this section, (as well as the provisions in §§ 60.34f and 60.36f) except as provided in § 60.38f(d)(2), or the monitoring provisions in § 63.1961 of this chapter (as well as the provisions in §§ 63.1958 of this chapter and 63.1960 of this chapter), or both as alternative means of compliance, for an MSW landfill with a gas collection and control system used to comply with the provisions of § 60.33f(b) and (c). Once the owner or operator begins to comply with the provisions of § 63.1961 of this chapter, the owner or operator must continue to operate the collection and control device according to those provisions and cannot return to the provisions of this section. (a) Each owner or operator seeking to comply with § 60.33f(b)(2) for an active gas collection system must install a sampling port and a thermometer, other temperature measuring device, or an access port for temperature measurements at each wellhead and: (1) Measure the gauge pressure in the gas collection header on a monthly basis as provided in § 60.36f(a)(3); and (2) Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis as follows: (i) The nitrogen level must be determined using Method 3C, unless an alternative test method is established as allowed by § 60.38f(d)(2). (ii) Unless an alternative test method is established as allowed by § 60.38f(d)(2), the oxygen level must be determined by an oxygen meter using Method 3A, 3C, or ASTM D6522-11 (incorporated by reference, see § 60.17). Determine the oxygen level by an oxygen meter using Method 3A, 3C, or ASTM D6522-11 (if sample location is prior to combustion) except that: (A) The span must be set between 10 and 12 percent oxygen; (B) A data recorder is not required; (C) Only two calibration gases are required, a zero and span; (D) A calibration error check is not required; and (E) The allowable sample bias, zero drift, and calibration drift are ±10 percent. (iii) A portable gas composition analyzer ma… | |||
| 40:40:7.0.1.1.1.10.1.9 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Cf | Subpart Cf—Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills | § 60.38f Reporting guidelines. | EPA | [81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17260, Mar. 26, 2020] | For approval, a state plan must include the reporting provisions listed in this section, as applicable, except as provided under §§ 60.24 and 60.38f(d)(2). (a) Design capacity report. For existing MSW landfills subject to this subpart, the initial design capacity report must be submitted no later than 90 days after the effective date of EPA approval of the state's plan under section 111(d) of the Clean Air Act. The initial design capacity report must contain the following information: (1) A map or plot of the landfill, providing the size and location of the landfill, and identifying all areas where solid waste may be landfilled according to the permit issued by the state, local, or tribal agency responsible for regulating the landfill. (2) The maximum design capacity of the landfill. Where the maximum design capacity is specified in the permit issued by the state, local, or tribal agency responsible for regulating the landfill, a copy of the permit specifying the maximum design capacity may be submitted as part of the report. If the maximum design capacity of the landfill is not specified in the permit, the maximum design capacity must be calculated using good engineering practices. The calculations must be provided, along with the relevant parameters as part of the report. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate its design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, the calculation must include a site-specific density, which must be recalculated annually. Any density conversions must be documented and submitted with the design capacity report. The state, local, or tribal agency or the Administrator may request other reasonable information as may be necessary to verify the maximum design capacity of the landfill. (b) Amended design capacity report. An amended design capacity re… | |||
| 40:40:7.0.1.1.1.11.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | D | Subpart D—Standards of Performance for Fossil-Fuel-Fired Steam Generators | § 60.40 Applicability and designation of affected facility. | EPA | [72 FR 32717, June 13, 2007, as amended at 77 FR 9447, Feb. 16, 2012] | (a) The affected facilities to which the provisions of this subpart apply are: (1) Each fossil-fuel-fired steam generating unit of more than 73 megawatts (MW) heat input rate (250 million British thermal units per hour (MMBtu/hr)). (2) Each fossil-fuel and wood-residue-fired steam generating unit capable of firing fossil fuel at a heat input rate of more than 73 MW (250 MMBtu/hr). (b) Any change to an existing fossil-fuel-fired steam generating unit to accommodate the use of combustible materials, other than fossil fuels as defined in this subpart, shall not bring that unit under the applicability of this subpart. (c) Except as provided in paragraph (d) of this section, any facility under paragraph (a) of this section that commenced construction or modification after August 17, 1971, is subject to the requirements of this subpart. (d) The requirements of §§ 60.44 (a)(4), (a)(5), (b) and (d), and 60.45(f)(4)(vi) are applicable to lignite-fired steam generating units that commenced construction or modification after December 22, 1976. (e) Any facility subject to either subpart Da or KKKK of this part is not subject to this subpart. | |||
| 40:40:7.0.1.1.1.11.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | D | Subpart D—Standards of Performance for Fossil-Fuel-Fired Steam Generators | § 60.41 Definitions. | EPA | [72 FR 32717, June 13, 2007, as amended at 77 FR 9447, Feb. 16, 2012] | As used in this subpart, all terms not defined herein shall have the meaning given them in the Act, and in subpart A of this part. Boiler operating day means a 24-hour period between 12 midnight and the following midnight during which any fuel is combusted at any time in the steam-generating unit. It is not necessary for fuel to be combusted the entire 24-hour period. Coal means all solid fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D388 (incorporated by reference, see § 60.17). Coal refuse means waste-products of coal mining, cleaning, and coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix material, clay, and other organic and inorganic material. Fossil fuel means natural gas, petroleum, coal, and any form of solid, liquid, or gaseous fuel derived from such materials for the purpose of creating useful heat. Fossil fuel and wood residue-fired steam generating unit means a furnace or boiler used in the process of burning fossil fuel and wood residue for the purpose of producing steam by heat transfer. Fossil-fuel-fired steam generating unit means a furnace or boiler used in the process of burning fossil fuel for the purpose of producing steam by heat transfer. Natural gas means a fluid mixture of hydrocarbons (e.g., methane, ethane, or propane), composed of at least 70 percent methane by volume or that has a gross calorific value between 35 and 41 megajoules (MJ) per dry standard cubic meter (950 and 1,100 Btu per dry standard cubic foot), that maintains a gaseous state under ISO conditions. In addition, natural gas contains 20.0 grains or less of total sulfur per 100 standard cubic feet. Finally, natural gas does not include the following gaseous fuels: landfill gas, digester gas, refinery gas, sour gas, blast furnace gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel produced in a process which might result in highly variable sulfur content or heating value. Wood residue means bark, sawdust, slabs, chips, shavings, mi… | |||
| 40:40:7.0.1.1.1.11.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | D | Subpart D—Standards of Performance for Fossil-Fuel-Fired Steam Generators | § 60.42 Standard for particulate matter (PM). | EPA | [60 FR 65415, Dec. 19, 1995, as amended at 76 FR 3522, Jan. 20, 2011; 74 FR 5077, Jan. 28, 2009; 77 FR 9447, Feb. 16, 2012] | (a) Except as provided under paragraphs (b), (c), (d), and (e) of this section, on and after the date on which the performance test required to be conducted by § 60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases that: (1) Contain PM in excess of 43 nanograms per joule (ng/J) heat input (0.10 lb/MMBtu) derived from fossil fuel or fossil fuel and wood residue. (2) Exhibit greater than 20 percent opacity except for one six-minute period per hour of not more than 27 percent opacity. (b)(1) On or after December 28, 1979, no owner or operator shall cause to be discharged into the atmosphere from the Southwestern Public Service Company's Harrington Station #1, in Amarillo, TX, any gases which exhibit greater than 35 percent opacity, except that a maximum or 42 percent opacity shall be permitted for not more than 6 minutes in any hour. (2) Interstate Power Company shall not cause to be discharged into the atmosphere from its Lansing Station Unit No. 4 in Lansing, IA, any gases which exhibit greater than 32 percent opacity, except that a maximum of 39 percent opacity shall be permitted for not more than six minutes in any hour. (c) As an alternate to meeting the requirements of paragraph (a) of this section, an owner or operator that elects to install, calibrate, maintain, and operate a continuous emissions monitoring systems (CEMS) for measuring PM emissions can petition the Administrator (in writing) to comply with § 60.42Da(a) of subpart Da of this part. If the Administrator grants the petition, the source will from then on (unless the unit is modified or reconstructed in the future) have to comply with the requirements in § 60.42Da(a) of subpart Da of this part. (d) An owner or operator of an affected facility that combusts only natural gas is exempt from the PM and opacity standards specified in paragraph (a) of this section. (e) An owner or operator of an affected facility that combusts only g… | |||
| 40:40:7.0.1.1.1.11.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | D | Subpart D—Standards of Performance for Fossil-Fuel-Fired Steam Generators | § 60.43 Standard for sulfur dioxide (SO | EPA | [60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5077, Jan. 28, 2009] | (a) Except as provided under paragraph (d) of this section, on and after the date on which the performance test required to be conducted by § 60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases that contain SO 2 in excess of: (1) 340 ng/J heat input (0.80 lb/MMBtu) derived from liquid fossil fuel or liquid fossil fuel and wood residue. (2) 520 ng/J heat input (1.2 lb/MMBtu) derived from solid fossil fuel or solid fossil fuel and wood residue, except as provided in paragraph (e) of this section. (b) Except as provided under paragraph (d) of this section, when different fossil fuels are burned simultaneously in any combination, the applicable standard (in ng/J) shall be determined by proration using the following formula: Where: PS SO 2 = Prorated standard for S O2 when burning different fuels simultaneously, in ng/J heat input derived from all fossil fuels or from all fossil fuels and wood residue fired; y = Percentage of total heat input derived from liquid fossil fuel; and z = Percentage of total heat input derived from solid fossil fuel. Where: PS SO 2 = Prorated standard for S O2 when burning different fuels simultaneously, in ng/J heat input derived from all fossil fuels or from all fossil fuels and wood residue fired; y = Percentage of total heat input derived from liquid fossil fuel; and z = Percentage of total heat input derived from solid fossil fuel. (c) Compliance shall be based on the total heat input from all fossil fuels burned, including gaseous fuels. (d) As an alternate to meeting the requirements of paragraphs (a) and (b) of this section, an owner or operator can petition the Administrator (in writing) to comply with § 60.43Da(i)(3) of subpart Da of this part or comply with § 60.42b(k)(4) of subpart Db of this part, as applicable to the affected source. If the Administrator grants the petition, the source will from then on (unless the unit is modified or reco… | |||
| 40:40:7.0.1.1.1.11.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | D | Subpart D—Standards of Performance for Fossil-Fuel-Fired Steam Generators | § 60.44 Standard for nitrogen oxides (NO | EPA | (a) Except as provided under paragraph (e) of this section, on and after the date on which the performance test required to be conducted by § 60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases that contain NO X , expressed as NO 2 in excess of: (1) 86 ng/J heat input (0.20 lb/MMBtu) derived from gaseous fossil fuel. (2) 129 ng/J heat input (0.30 lb/MMBtu) derived from liquid fossil fuel, liquid fossil fuel and wood residue, or gaseous fossil fuel and wood residue. (3) 300 ng/J heat input (0.70 lb/MMBtu) derived from solid fossil fuel or solid fossil fuel and wood residue (except lignite or a solid fossil fuel containing 25 percent, by weight, or more of coal refuse). (4) 260 ng/J heat input (0.60 lb MMBtu) derived from lignite or lignite and wood residue (except as provided under paragraph (a)(5) of this section). (5) 340 ng/J heat input (0.80 lb MMBtu) derived from lignite which is mined in North Dakota, South Dakota, or Montana and which is burned in a cyclone-fired unit. (b) Except as provided under paragraphs (c), (d), and (e) of this section, when different fossil fuels are burned simultaneously in any combination, the applicable standard (in ng/J) is determined by proration using the following formula: Where: PS NO X = Prorated standard for NO X when burning different fuels simultaneously, in ng/J heat input derived from all fossil fuels fired or from all fossil fuels and wood residue fired; w = Percentage of total heat input derived from lignite; x = Percentage of total heat input derived from gaseous fossil fuel; y = Percentage of total heat input derived from liquid fossil fuel; and z = Percentage of total heat input derived from solid fossil fuel (except lignite). Where: PS NO X = Prorated standard for NO X when burning different fuels simultaneously, in ng/J heat input derived from all fossil fuels fired or from all fossil fuels and wood residue fired; w = P… | ||||
| 40:40:7.0.1.1.1.11.1.6 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | D | Subpart D—Standards of Performance for Fossil-Fuel-Fired Steam Generators | § 60.45 Emissions and fuel monitoring. | EPA | [60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5077, Jan. 28, 2009; 76 FR 3522, Jan. 20, 2011; 77 FR 9447, Feb. 16, 2012] | (a) Each owner or operator of an affected facility subject to the applicable emissions standard shall install, calibrate, maintain, and operate continuous opacity monitoring system (COMS) for measuring opacity and a continuous emissions monitoring system (CEMS) for measuring SO 2 emissions, NO X emissions, and either oxygen (O 2 ) or carbon dioxide (CO 2 ) except as provided in paragraph (b) of this section. (b) Certain of the CEMS and COMS requirements under paragraph (a) of this section do not apply to owners or operators under the following conditions: (1) For a fossil-fuel-fired steam generator that combusts only gaseous or liquid fossil fuel (excluding residual oil) with potential SO 2 emissions rates of 26 ng/J (0.060 lb/MMBtu) or less and that does not use post-combustion technology to reduce emissions of SO 2 or PM, COMS for measuring the opacity of emissions and CEMS for measuring SO 2 emissions are not required if the owner or operator monitors SO 2 emissions by fuel sampling and analysis or fuel receipts. (2) For a fossil-fuel-fired steam generator that does not use a flue gas desulfurization device, a CEMS for measuring SO 2 emissions is not required if the owner or operator monitors SO 2 emissions by fuel sampling and analysis. (3) Notwithstanding § 60.13(b), installation of a CEMS for NO X may be delayed until after the initial performance tests under § 60.8 have been conducted. If the owner or operator demonstrates during the performance test that emissions of NO X are less than 70 percent of the applicable standards in § 60.44, a CEMS for measuring NO X emissions is not required. If the initial performance test results show that NO X emissions are greater than 70 percent of the applicable standard, the owner or operator shall install a CEMS for NO X within one year after the date of the initial performance tests under § 60.8 and comply with all other applicable monitoring requirements under this part. (4) If an owner or operator is not required to and elects not to install any CE… | |||
| 40:40:7.0.1.1.1.11.1.7 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | D | Subpart D—Standards of Performance for Fossil-Fuel-Fired Steam Generators | § 60.46 Test methods and procedures. | EPA | [60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5078, Jan. 28, 2009] | (a) In conducting the performance tests required in § 60.8, and subsequent performance tests as requested by the EPA Administrator, the owner or operator shall use as reference methods and procedures the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in § 60.8(b). Acceptable alternative methods and procedures are given in paragraph (d) of this section. (b) The owner or operator shall determine compliance with the PM, SO 2 , and NO X standards in §§ 60.42, 60.43, and 60.44 as follows: (1) The emission rate (E) of PM, SO 2 , or NO X shall be computed for each run using the following equation: Where: E = Emission rate of pollutant, ng/J (1b/million Btu); C = Concentration of pollutant, ng/dscm (1b/dscf); %O 2 = O 2 concentration, percent dry basis; and F d = Factor as determined from Method 19 of appendix A of this part. Where: E = Emission rate of pollutant, ng/J (1b/million Btu); C = Concentration of pollutant, ng/dscm (1b/dscf); %O 2 = O 2 concentration, percent dry basis; and F d = Factor as determined from Method 19 of appendix A of this part. (2) Method 5 of appendix A of this part shall be used to determine the PM concentration (C) at affected facilities without wet flue-gas-desulfurization (FGD) systems and Method 5B of appendix A of this part shall be used to determine the PM concentration (C) after FGD systems. (i) The sampling time and sample volume for each run shall be at least 60 minutes and 0.85 dscm (30 dscf). The probe and filter holder heating systems in the sampling train shall be set to provide an average gas temperature of 160±14 °C (320±25 °F). (ii) The emission rate correction factor, integrated or grab sampling and analysis procedure of Method 3B of appendix A of this part shall be used to determine the O 2 concentration (%O 2 ). The O 2 sample shall be obtained simultaneously with, and at the same traverse points as, the particulate sample. If the grab sampling procedure is used, the O … | |||
| 40:40:7.0.1.1.1.12.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.40Da Applicability and designation of affected facility. | EPA | [72 FR 32722, June 13, 2007, as amended at 74 FR 5078, Jan. 28, 2009; 77 FR 9448, Feb. 16, 2012] | (a) Except as specified in paragraph (e) of this section, the affected facility to which this subpart applies is each electric utility steam generating unit: (1) That is capable of combusting more than 73 megawatts (MW) (250 million British thermal units per hour (MMBtu/hr)) heat input of fossil fuel (either alone or in combination with any other fuel); and (2) For which construction, modification, or reconstruction is commenced after September 18, 1978. (b) An IGCC electric utility steam generating unit (both the stationary combustion turbine and any associated duct burners) is subject to this part and is not subject to subpart GG or KKKK of this part if both of the conditions specified in paragraphs (b)(1) and (2) of this section are met. (1) The IGCC electric utility steam generating unit is capable of combusting more than 73 MW (250 MMBtu/h) heat input of fossil fuel (either alone or in combination with any other fuel) in the combustion turbine engine and associated heat recovery steam generator; and (2) The IGCC electric utility steam generating unit commenced construction, modification, or reconstruction after February 28, 2005. (c) Any change to an existing fossil-fuel-fired steam generating unit to accommodate the use of combustible materials, other than fossil fuels, shall not bring that unit under the applicability of this subpart. (d) Any change to an existing steam generating unit originally designed to fire gaseous or liquid fossil fuels, to accommodate the use of any other fuel (fossil or nonfossil) shall not bring that unit under the applicability of this subpart. (e) Applicability of this subpart to an electric utility combined cycle gas turbine other than an IGCC electric utility steam generating unit is as specified in paragraphs (e)(1) through (3) of this section. (1) Affected facilities ( i.e. heat recovery steam generators used with duct burners) associated with a stationary combustion turbine that are capable of combusting more than 73 MW (250 MMBtu/h) heat input of fossil fuel are… | |||
| 40:40:7.0.1.1.1.12.1.10 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.49Da Emission monitoring. | EPA | [72 FR 32722, June 13, 2007, as amended at 74 FR 5081, Jan. 28, 2009; 76 FR 3523, Jan. 20, 2011; 77 FR 9456, Feb. 16, 2012; 77 FR 23402, Apr. 19, 2012; 78 FR 24083, Apr. 24, 2013] | (a) An owner or operator of an affected facility subject to the opacity standard in § 60.42Da must monitor the opacity of emissions discharged from the affected facility to the atmosphere according to the applicable requirements in paragraphs (a)(1) through (4) of this section. (1) Except as provided for in paragraphs (a)(2) and (4) of this section, the owner or operator of an affected facility subject to an opacity standard, shall install, calibrate, maintain, and operate a COMS, and record the output of the system, for measuring the opacity of emissions discharged to the atmosphere. If opacity interference due to water droplets exists in the stack (for example, from the use of an FGD system), the opacity is monitored upstream of the interference (at the inlet to the FGD system). If opacity interference is experienced at all locations (both at the inlet and outlet of the SO 2 control system), alternate parameters indicative of the PM control system's performance and/or good combustion are monitored (subject to the approval of the Administrator). (2) As an alternative to the monitoring requirements in paragraph (a)(1) of this section, an owner or operator of an affected facility that meets the conditions in either paragraph (a)(2)(i), (ii), (iii), or (iv) of this section may elect to monitor opacity as specified in paragraph (a)(3) of this section. (i) The affected facility uses a fabric filter (baghouse) to meet the standards in § 60.42Da and a bag leak detection system is installed and operated according to the requirements in paragraphs § 60.48Da(o)(4)(i) through (v); (ii) The affected facility burns only gaseous or liquid fuels (excluding residual oil) with potential SO 2 emissions rates of 26 ng/J (0.060 lb/MMBtu) or less, and does not use a post-combustion technology to reduce emissions of SO 2 or PM; (iii) The affected facility meets all of the conditions specified in paragraphs (a)(2)(iii)(A) through (C) of this section. (A) No post-combustion technology (except a wet scrubber) is used for reduci… | |||
| 40:40:7.0.1.1.1.12.1.11 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.50Da Compliance determination procedures and methods. | EPA | [72 FR 32722, June 13, 2007, as amended at 74 FR 5083, Jan. 28, 2009; 77 FR 9458, Feb. 16, 2012; 78 FR 24084, Apr. 24, 2013] | (a) In conducting the performance tests required in § 60.8, the owner or operator shall use as reference methods and procedures the methods in appendix A of this part or the methods and procedures as specified in this section, except as provided in § 60.8(b). Section 60.8(f) does not apply to this section for SO 2 and NO X . Acceptable alternative methods are given in paragraph (e) of this section. (b) In conducting the performance tests to determine compliance with the PM emissions limits in § 60.42Da, the owner or operator shall meet the requirements specified in paragraphs (b)(1) through (3) of this section. (1) The owner or operator shall measure filterable PM to determine compliance with the applicable PM emissions limit in § 60.42Da as specified in paragraphs (b)(1)(i) through (ii) of this section. (i) The dry basis F factor (O 2 ) procedures in Method 19 of appendix A of this part shall be used to compute the emission rate of PM. (ii) For the PM concentration, Method 5 of appendix A of this part shall be used for an affected facility that does not use a wet FGD. For an affected facility that uses a wet FGD, Method 5B of appendix A of this part shall be used downstream of the wet FGD. (A) The sampling time and sample volume for each run shall be at least 120 minutes and 1.70 dscm (60 dscf). The probe and filter holder heating system in the sampling train may be set to provide an average gas temperature of no greater than 160 14 °C (320 25 °F). (B) For each particulate run, the emission rate correction factor, integrated or grab sampling and analysis procedures of Method 3B of appendix A of this part shall be used to determine the O 2 concentration. The O 2 sample shall be obtained simultaneously with, and at the same traverse points as, the particulate run. If the particulate run has more than 12 traverse points, the O 2 traverse points may be reduced to 12 provided that Method 1 of appendix A of this part is used to locate the 12 O 2 traverse points. If the grab sampling procedure is used, the … | |||
| 40:40:7.0.1.1.1.12.1.12 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.51Da Reporting requirements. | EPA | [72 FR 32722, June 13, 2007, as amended at 74 FR 5083, Jan. 28, 2009; 77 FR 9458, Feb. 16, 2012] | (a) For SO 2 , NO X , PM, and NO X plus CO emissions, the performance test data from the initial and subsequent performance test and from the performance evaluation of the continuous monitors (including the transmissometer) must be reported to the Administrator. (b) For SO 2 and NO X the following information is reported to the Administrator for each 24-hour period. (1) Calendar date. (2) The average SO 2 and NO X emission rates (ng/J, lb/MMBtu, or lb/MWh) for each 30 successive boiler operating days, ending with the last 30-day period in the quarter; reasons for non-compliance with the emission standards; and, description of corrective actions taken. (3) For owners or operators of affected facilities complying with the percent reduction requirement, percent reduction of the potential combustion concentration of SO 2 for each 30 successive boiler operating days, ending with the last 30-day period in the quarter; reasons for non-compliance with the standard; and, description of corrective actions taken. (4) Identification of the boiler operating days for which pollutant or diluent data have not been obtained by an approved method for at least 75 percent of the hours of operation of the facility; justification for not obtaining sufficient data; and description of corrective actions taken. (5) Identification of the times when emissions data have been excluded from the calculation of average emission rates because of startup, shutdown, or malfunction. (6) Identification of “F” factor used for calculations, method of determination, and type of fuel combusted. (7) Identification of times when hourly averages have been obtained based on manual sampling methods. (8) Identification of the times when the pollutant concentration exceeded full span of the CEMS. (9) Description of any modifications to CEMS which could affect the ability of the CEMS to comply with Performance Specifications 2 or 3. (c) If the minimum quantity of emission data as required by § 60.49Da is not obtained for any 30 successive boile… | |||
| 40:40:7.0.1.1.1.12.1.13 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.52Da Recordkeeping requirements. | EPA | [74 FR 5083, Jan. 28, 2009, as amended at 77 FR 9459, Feb. 16, 2012] | (a) [Reserved] (b) The owner or operator of an affected facility subject to the opacity limits in § 60.42Da(b) that elects to monitor emissions according to the requirements in § 60.49Da(a)(3) shall maintain records according to the requirements specified in paragraphs (b)(1) through (3) of this section, as applicable to the visible emissions monitoring method used. (1) For each performance test conducted using Method 9 of appendix A-4 of this part, the owner or operator shall keep the records including the information specified in paragraphs (b)(1)(i) through (iii) of this section. (i) Dates and time intervals of all opacity observation periods; (ii) Name, affiliation, and copy of current visible emission reading certification for each visible emission observer participating in the performance test; and (iii) Copies of all visible emission observer opacity field data sheets; (2) For each performance test conducted using Method 22 of appendix A-4 of this part, the owner or operator shall keep the records including the information specified in paragraphs (b)(2)(i) through (iv) of this section. (i) Dates and time intervals of all visible emissions observation periods; (ii) Name and affiliation for each visible emission observer participating in the performance test; (iii) Copies of all visible emission observer opacity field data sheets; and (iv) Documentation of any adjustments made and the time the adjustments were completed to the affected facility operation by the owner or operator to demonstrate compliance with the applicable monitoring requirements. (3) For each digital opacity compliance system, the owner or operator shall maintain records and submit reports according to the requirements specified in the site-specific monitoring plan approved by the Administrator. | |||
| 40:40:7.0.1.1.1.12.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.41Da Definitions. | EPA | [72 FR 32722, June 13, 2007, as amended at 74 FR 5079, Jan. 28, 2009; 77 FR 9448, Feb. 16, 2012; 77 FR 23402, Apr. 19, 2012; 78 FR 24082, Apr. 24, 2013] | As used in this subpart, all terms not defined herein shall have the meaning given them in the Act and in subpart A of this part. Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding. Anthracite means coal that is classified as anthracite according to the American Society of Testing and Materials in ASTM D388 (incorporated by reference, see § 60.17). Available system capacity means the capacity determined by subtracting the system load and the system emergency reserves from the net system capacity. Biomass means plant materials and animal waste. Bituminous coal means coal that is classified as bituminous according to the American Society of Testing and Materials in ASTM D388 (incorporated by reference, see § 60.17). Boiler operating day for units constructed, reconstructed, or modified before March 1, 2005, means a 24-hour period during which fossil fuel is combusted in a steam-generating unit for the entire 24 hours. For units constructed, reconstructed, or modified after February 28, 2005, boiler operating day means a 24-hour period between 12 midnight and the following midnight during which any fuel is combusted at any time in the steam-generating unit. It is not necessary for fuel to be combusted the entire 24-hour period. Coal means all solid fuels classified as anthracite, bituminous, subbituminous, or lignite by the American Society of Testing and Materials in ASTM D388 (incorporated by reference, see § 60.17) and coal refuse. Synthetic fuels derived from coal for the purpose of creating useful heat, including but not limited to solvent-refined coal, gasified coal, coal-oil mixtures, and coal-water mixtures are included in this definition for the purposes of this subpart. Coal-fired electric utility steam generating unit means an electric utility steam gener… | |||
| 40:40:7.0.1.1.1.12.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.42Da Standards for particulate matter (PM). | EPA | [77 FR 9450, Feb. 16, 2012, as amended at 78 FR 24083, Apr. 24, 2013; 79 FR 68788, Nov. 19, 2014] | (a) Except as provided in paragraph (f) of this section, on and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, an owner or operator of an affected facility shall not cause to be discharged into the atmosphere from any affected facility for which construction, reconstruction, or modification commenced before March 1, 2005, any gases that contain PM in excess of 13 ng/J (0.03 lb/MMBtu) heat input. (b) Except as provided in paragraphs (b)(1) and (b)(2) of this section, on and after the date the initial PM performance test is completed or required to be completed under § 60.8, whichever date comes first, an owner or operator of an affected facility shall not cause to be discharged into the atmosphere any gases which exhibit greater than 20 percent opacity (6-minute average), except for one 6-minute period per hour of not more than 27 percent opacity. (1) An owner or operator of an affected facility that elects to install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring PM emissions according to the requirements of this subpart is exempt from the opacity standard specified in this paragraph (b) of this section. (2) An owner or operator of an affected facility that combusts only natural gas and/or synthetic natural gas that chemically meets the definition of natural gas is exempt from the opacity standard specified in paragraph (b) of this section. (c) Except as provided in paragraphs (d) and (f) of this section, on and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, no owner or operator of an affected facility that commenced construction, reconstruction, or modification after February 28, 2005, but before May 4, 2011, shall cause to be discharged into the atmosphere from that affected facility any gases that contain PM in excess of either: (1) 18 ng/J (0.14 lb/MWh) gross energy output; or (2)… | |||
| 40:40:7.0.1.1.1.12.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.43Da Standards for sulfur dioxide (SO | EPA | [72 FR 32722, June 13, 2007, as amended at 77 FR 9450, Feb. 16, 2012] | (a) On and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility which combusts solid fuel or solid-derived fuel and for which construction, reconstruction, or modification commenced before or on February 28, 2005, except as provided under paragraphs (c), (d), (f) or (h) of this section, any gases that contain SO 2 in excess of: (1) 520 ng/J (1.20 lb/MMBtu) heat input and 10 percent of the potential combustion concentration (90 percent reduction); (2) 30 percent of the potential combustion concentration (70 percent reduction), when emissions are less than 260 ng/J (0.60 lb/MMBtu) heat input; (3) 180 ng/J (1.4 lb/MWh) gross energy output; or (4) 65 ng/J (0.15 lb/MMBtu) heat input. (b) On and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility which combusts liquid or gaseous fuels (except for liquid or gaseous fuels derived from solid fuels and as provided under paragraphs (e) or (h) of this section) and for which construction, reconstruction, or modification commenced before or on February 28, 2005, any gases that contain SO 2 in excess of: (1) 340 ng/J (0.80 lb/MMBtu) heat input and 10 percent of the potential combustion concentration (90 percent reduction); or (2) 100 percent of the potential combustion concentration (zero percent reduction) when emissions are less than 86 ng/J (0.20 lb/MMBtu) heat input. (c) On and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from a… | |||
| 40:40:7.0.1.1.1.12.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.44Da Standards for nitrogen oxides (NO | EPA | [77 FR 9451, Feb. 16, 2012] | (a) Except as provided in paragraph (h) of this section, on and after the date on which the initial performance test is completed or required to be completed under § 60.8, whichever date comes first, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility for which construction, reconstruction, or modification commenced before July 10, 1997 any gases that contain NO X (expressed as NO 2 ) in excess of the applicable emissions limit in paragraphs (a)(1) and (2) of this section. (1) The owner or operator shall not cause to be discharged into the atmosphere any gases that contain NO X in excess of the emissions limit listed in the following table as applicable to the fuel type combusted and as determined on a 30-boiler operating day rolling average basis. 1 Exempt from NO X standards and NO X monitoring requirements. 2 Any fuel containing less than 25%, by weight, lignite is not prorated but its percentage is added to the percentage of the predominant fuel. (2) When two or more fuels are combusted simultaneously in an affected facility, the applicable emissions limit (E n ) is determined by proration using the following formula: Where: En = Applicable NO X emissions limit when multiple fuels are combusted simultaneously (ng/J heat input); w = Percentage of total heat input derived from the combustion of fuels subject to the 86 ng/J heat input standard; x = Percentage of total heat input derived from the combustion of fuels subject to the 130 ng/J heat input standard; y = Percentage of total heat input derived from the combustion of fuels subject to the 210 ng/J heat input standard; z = Percentage of total heat input derived from the combustion of fuels subject to the 260 ng/J heat input standard; and v = Percentage of total heat input delivered from the combustion of fuels subject to the 340 ng/J heat input standard. Where: En = Applicable NO X emissions limit when multiple fuels are combusted simultan… | |||
| 40:40:7.0.1.1.1.12.1.6 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.45Da Alternative standards for combined nitrogen oxides (NO | EPA | [77 FR 9453, Feb. 16, 2012] | (a) The owner or operator of an affected facility that commenced construction, reconstruction, or modification after May 3, 2011 as alternate to meeting the applicable NO X emissions limits specified in § 60.44Da may elect to meet the applicable standards for combined NO X and CO specified in paragraph (b) of this section. (b) On and after the date on which the initial performance test is completed or required to be completed under § 60.8 no owner or operator of an affected facility that commenced construction, reconstruction, or modification after May 3, 2011, shall cause to be discharged into the atmosphere from that affected facility any gases that contain NO X (expressed as NO 2 ) plus CO in excess of the applicable emissions limit specified in paragraphs (b)(1) through (3) of this section as determined on a 30-boiler operating day rolling average basis. (1) For an affected facility which commenced construction or reconstruction, any gases that contain NO X plus CO in excess of either: (i) 140 ng/J (1.1 lb/MWh) gross energy output; or (ii) 150 ng/J (1.2 lb/MWh) net energy output. (2) For an affected facility which commenced construction or reconstruction and that burns 75 percent or more coal refuse (by heat input) on a 12-month rolling average basis, any gases that contain NO X plus CO in excess of either: (i) 160 ng/J (1.3 lb/MWh) gross energy output; or (ii) 170 ng/J (1.4 lb/MWh) net energy output. (3) For an affected facility which commenced modification, any gases that contain NO X plus CO in excess of 190 ng/J (1.5 lb/MWh) gross energy output. | |||
| 40:40:7.0.1.1.1.12.1.7 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.46Da [Reserved] | EPA | |||||
| 40:40:7.0.1.1.1.12.1.8 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.47Da Commercial demonstration permit. | EPA | [72 FR 32722, June 13, 2007, as amended at 77 FR 9450, Feb. 16, 2012] | (a) An owner or operator of an affected facility proposing to demonstrate an emerging technology may apply to the Administrator for a commercial demonstration permit. The Administrator will issue a commercial demonstration permit in accordance with paragraph (e) of this section. Commercial demonstration permits may be issued only by the Administrator, and this authority will not be delegated. (b) An owner or operator of an affected facility that combusts solid solvent refined coal (SRC-I) and who is issued a commercial demonstration permit by the Administrator is not subject to the SO 2 emission reduction requirements under § 60.43Da(c) but must, as a minimum, reduce SO 2 emissions to 20 percent of the potential combustion concentration (80 percent reduction) for each 24-hour period of steam generator operation and to less than 520 ng/J (1.20 lb/MMBtu) heat input on a 30-day rolling average basis. (c) An owner or operator of an affected facility that uses fluidized bed combustion (atmospheric or pressurized) and who is issued a commercial demonstration permit by the Administrator is not subject to the SO 2 emission reduction requirements under § 60.43Da(a) but must, as a minimum, reduce SO 2 emissions to 15 percent of the potential combustion concentration (85 percent reduction) on a 30-day rolling average basis and to less than 520 ng/J (1.20 lb/MMBtu) heat input on a 30-day rolling average basis. (d) The owner or operator of an affected facility that combusts coal-derived liquid fuel and who is issued a commercial demonstration permit by the Administrator is not subject to the applicable NO X emission limitation and percent reduction under § 60.44Da(a) but must, as a minimum, reduce emissions to less than 300 ng/J (0.70 lb/MMBtu) heat input on a 30-day rolling average basis. (e) Commercial demonstration permits may not exceed the following equivalent MW electrical generation capacity for any one technology category, and the total equivalent MW electrical generation capacity for all commercial demonstra… | |||
| 40:40:7.0.1.1.1.12.1.9 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Da | Subpart Da—Standards of Performance for Electric Utility Steam Generating Units | § 60.48Da Compliance provisions. | EPA | [72 FR 32722, June 13, 2007, as amended at 74 FR 5079, Jan. 28, 2009; 76 FR 3522, Jan. 20, 2011; 77 FR 9454, Feb. 16, 2012; 78 FR 24083, Apr. 24, 2013; 81 FR 20180, Apr. 6, 2016] | (a) For affected facilities for which construction, modification, or reconstruction commenced before May 4, 2011, the applicable PM emissions limit and opacity standard under § 60.42Da, SO 2 emissions limit under § 60.43Da, and NO X emissions limit under § 60.44Da apply at all times except during periods of startup, shutdown, or malfunction. For affected facilities for which construction, modification, or reconstruction commenced after May 3, 2011, the applicable SO 2 emissions limit under § 60.43Da, NO X emissions limit under § 60.44Da, and NO X plus CO emissions limit under § 60.45Da apply at all times. The applicable PM emissions limit and opacity standard under § 60.42Da apply at all times except during periods of startup and shutdown. (b) After the initial performance test required under § 60.8, compliance with the applicable SO 2 emissions limit and percentage reduction requirements under § 60.43Da, NO X emissions limit under § 60.44Da, and NO X plus CO emissions limit under § 60.45Da is based on the average emission rate for 30 successive boiler operating days. A separate performance test is completed at the end of each boiler operating day after the initial performance test, and a new 30-boiler operating day rolling average emission rate for both SO 2 , NO X or NO X plus CO as applicable, and a new percent reduction for SO 2 are calculated to demonstrate compliance with the standards. (c) For the initial performance test required under § 60.8, compliance with the applicable SO 2 emissions limits and percentage reduction requirements under § 60.43Da, the NO X emissions limits under § 60.44Da, and the NO X plus CO emissions limits under § 60.45Da is based on the average emission rates for SO 2 , NO X , CO, and percent reduction for SO 2 for the first 30 successive boiler operating days. The initial performance test is the only test in which at least 30 days prior notice is required unless otherwise specified by the Administrator. The initial performance test is to be scheduled so that the f… | |||
| 40:40:7.0.1.1.1.13.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.40b Applicability and delegation of authority. | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 77 FR 9459, Feb. 16, 2012] | (a) The affected facility to which this subpart applies is each steam generating unit that commences construction, modification, or reconstruction after June 19, 1984, and that has a heat input capacity from fuels combusted in the steam generating unit of greater than 29 megawatts (MW) (100 million British thermal units per hour (MMBtu/hr)). (b) Any affected facility meeting the applicability requirements under paragraph (a) of this section and commencing construction, modification, or reconstruction after June 19, 1984, but on or before June 19, 1986, is subject to the following standards: (1) Coal-fired affected facilities having a heat input capacity between 29 and 73 MW (100 and 250 MMBtu/hr), inclusive, are subject to the particulate matter (PM) and nitrogen oxides (NO X ) standards under this subpart. (2) Coal-fired affected facilities having a heat input capacity greater than 73 MW (250 MMBtu/hr) and meeting the applicability requirements under subpart D (Standards of performance for fossil-fuel-fired steam generators; § 60.40) are subject to the PM and NO X standards under this subpart and to the sulfur dioxide (SO 2 ) standards under subpart D (§ 60.43). (3) Oil-fired affected facilities having a heat input capacity between 29 and 73 MW (100 and 250 MMBtu/hr), inclusive, are subject to the NO X standards under this subpart. (4) Oil-fired affected facilities having a heat input capacity greater than 73 MW (250 MMBtu/hr) and meeting the applicability requirements under subpart D (Standards of performance for fossil-fuel-fired steam generators; § 60.40) are also subject to the NO X standards under this subpart and the PM and SO 2 standards under subpart D (§§ 60.42 and 60.43). (c) Affected facilities that also meet the applicability requirements under subpart J or subpart Ja of this part are subject to the PM and NO X standards under this subpart and the SO 2 standards under subpart J or subpart Ja of this part, as applicable. (d) Affected facilities that also meet the applicability requirement… | |||
| 40:40:7.0.1.1.1.13.1.10 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.49b Reporting and recordkeeping requirements. | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5089, Jan. 28, 2009; 77 FR 9461, Feb. 16, 2012] | (a) The owner or operator of each affected facility shall submit notification of the date of initial startup, as provided by § 60.7. This notification shall include: (1) The design heat input capacity of the affected facility and identification of the fuels to be combusted in the affected facility; (2) If applicable, a copy of any federally enforceable requirement that limits the annual capacity factor for any fuel or mixture of fuels under § 60.42b(d)(1), § 60.43b(a)(2), (a)(3)(iii), (c)(2)(ii), (d)(2)(iii), § 60.44b(c), (d), (e), (i), (j), (k), § 60.45b(d), (g), § 60.46b(h), or § 60.48b(i); (3) The annual capacity factor at which the owner or operator anticipates operating the facility based on all fuels fired and based on each individual fuel fired; and (4) Notification that an emerging technology will be used for controlling emissions of SO 2 . The Administrator will examine the description of the emerging technology and will determine whether the technology qualifies as an emerging technology. In making this determination, the Administrator may require the owner or operator of the affected facility to submit additional information concerning the control device. The affected facility is subject to the provisions of § 60.42b(a) unless and until this determination is made by the Administrator. (b) The owner or operator of each affected facility subject to the SO 2 , PM, and/or NO X emission limits under §§ 60.42b, 60.43b, and 60.44b shall submit to the Administrator the performance test data from the initial performance test and the performance evaluation of the CEMS using the applicable performance specifications in appendix B of this part. The owner or operator of each affected facility described in § 60.44b(j) or § 60.44b(k) shall submit to the Administrator the maximum heat input capacity data from the demonstration of the maximum heat input capacity of the affected facility. (c) The owner or operator of each affected facility subject to the NO X standard in § 60.44b who seeks to demonstrate complia… | |||
| 40:40:7.0.1.1.1.13.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.41b Definitions. | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 77 FR 9459, Feb. 16, 2012] | As used in this subpart, all terms not defined herein shall have the meaning given them in the Clean Air Act and in subpart A of this part. Annual capacity factor means the ratio between the actual heat input to a steam generating unit from the fuels listed in § 60.42b(a), § 60.43b(a), or § 60.44b(a), as applicable, during a calendar year and the potential heat input to the steam generating unit had it been operated for 8,760 hours during a calendar year at the maximum steady state design heat input capacity. In the case of steam generating units that are rented or leased, the actual heat input shall be determined based on the combined heat input from all operations of the affected facility in a calendar year. Byproduct/waste means any liquid or gaseous substance produced at chemical manufacturing plants, petroleum refineries, or pulp and paper mills (except natural gas, distillate oil, or residual oil) and combusted in a steam generating unit for heat recovery or for disposal. Gaseous substances with carbon dioxide (CO 2 ) levels greater than 50 percent or carbon monoxide levels greater than 10 percent are not byproduct/waste for the purpose of this subpart. Chemical manufacturing plants mean industrial plants that are classified by the Department of Commerce under Standard Industrial Classification (SIC) Code 28. Coal means all solid fuels classified as anthracite, bituminous, subbituminous, or lignite by the American Society of Testing and Materials in ASTM D388 (incorporated by reference, see § 60.17), coal refuse, and petroleum coke. Coal-derived synthetic fuels, including but not limited to solvent refined coal, gasified coal not meeting the definition of natural gas, coal-oil mixtures, coke oven gas, and coal-water mixtures, are also included in this definition for the purposes of this subpart. Coal refuse means any byproduct of coal mining or coal cleaning operations with an ash content greater than 50 percent, by weight, and a heating value less than 13,900 kJ/kg (6,000 Btu/lb) on a dry basis. … | |||
| 40:40:7.0.1.1.1.13.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.42b Standard for sulfur dioxide (SO | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 76 FR 3523, Jan. 20, 2011] | (a) Except as provided in paragraphs (b), (c), (d), or (j) of this section, on and after the date on which the performance test is completed or required to be completed under § 60.8, whichever 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 oil shall cause to be discharged into the atmosphere any gases that contain SO 2 in excess of 87 ng/J (0.20 lb/MMBtu) or 10 percent (0.10) of the potential SO 2 emission rate (90 percent reduction) and the emission limit determined according to the following formula: Where: E s = SO 2 emission limit, in ng/J or lb/MMBtu heat input; K a = 520 ng/J (or 1.2 lb/MMBtu); K b = 340 ng/J (or 0.80 lb/MMBtu); H a = Heat input from the combustion of coal, in J (MMBtu); and H b = Heat input from the combustion of oil, in J (MMBtu). Where: E s = SO 2 emission limit, in ng/J or lb/MMBtu heat input; K a = 520 ng/J (or 1.2 lb/MMBtu); K b = 340 ng/J (or 0.80 lb/MMBtu); H a = Heat input from the combustion of coal, in J (MMBtu); and H b = Heat input from the combustion of oil, in J (MMBtu). For 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 in this paragraph. No credit is provided for the heat input to the affected facility from the combustion of natural gas, wood, municipal-type solid waste, or other fuels or heat derived from exhaust gases from other sources, such as gas turbines, internal combustion engines, kilns, etc. (b) On and after the date on which the performance test is completed or required to be completed under § 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 refuse alone in a fluidized bed combustion steam generating unit shall cause to be discharged into the atmosphere… | |||
| 40:40:7.0.1.1.1.13.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.43b Standard for particulate matter (PM). | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 77 FR 9459, Feb. 16, 2012] | (a) On and after the date on which the initial performance test is completed or is required to be completed under § 60.8, whichever 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 other fuels, 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, (i) If the affected facility combusts only coal, or (ii) If the affected facility combusts coal and 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 and other fuels and 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. (3) 86 ng/J (0.20 lb/MMBtu) heat input if the affected facility combusts coal or coal and other fuels and (i) Has an annual capacity factor for coal or coal and other fuels of 30 percent (0.30) or less, (ii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or less, (iii) Has a federally enforceable requirement limiting operation of the affected facility to an annual capacity factor of 30 percent (0.30) or less for coal or coal and other solid fuels, and (iv) Construction of the affected facility commenced after June 19, 1984, and before November 25, 1986. (4) An affected facility burning coke oven gas alone or in combination with other fuels not subject to a PM standard under § 60.43b and not using a post-combustion technology (except a wet scrubber) for reducing PM or SO 2 emissions is not subject to the PM limits under § 60.43b(a). (b) On and after the date on which the performance test is completed or required to be… | |||
| 40:40:7.0.1.1.1.13.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.44b Standard for nitrogen oxides (NO | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009; 77 FR 9459, Feb. 16, 2012] | (a) Except as provided under paragraphs (k) and (l) of this section, on and after the date on which the initial performance test is completed or is required to be completed under § 60.8, whichever date comes first, no owner or operator of an affected facility that is subject to the provisions of this section and that combusts only coal, oil, or natural gas shall cause to be discharged into the atmosphere from that affected facility any gases that contain NO X (expressed as NO 2 ) in excess of the following emission limits: (b) Except as provided under paragraphs (k) and (l) of this section, on and after the date on which the initial performance test is completed or is required to be completed under § 60.8, whichever date comes first, no owner or operator of an affected facility that simultaneously combusts mixtures of only coal, oil, or natural gas shall cause to be discharged into the atmosphere from that affected facility any gases that contain NO X in excess of a limit determined by the use of the following formula: Where: E n = NO X emission limit (expressed as NO 2 ), ng/J (lb/MMBtu); EL go = Appropriate emission limit from paragraph (a)(1) for combustion of natural gas or distillate oil, ng/J (lb/MMBtu); H go = Heat input from combustion of natural gas or distillate oil, J (MMBtu); EL ro = Appropriate emission limit from paragraph (a)(2) for combustion of residual oil, ng/J (lb/MMBtu); H ro = Heat input from combustion of residual oil, J (MMBtu); EL c = Appropriate emission limit from paragraph (a)(3) for combustion of coal, ng/J (lb/MMBtu); and H c = Heat input from combustion of coal, J (MMBtu). Where: E n = NO X emission limit (expressed as NO 2 ), ng/J (lb/MMBtu); EL go = Appropriate emission limit from paragraph (a)(1) for combustion of natural gas or distillate oil, ng/J (lb/MMBtu); H go = Heat input from combustion of natural gas or distillate oil, J (MMBtu); EL ro = Appropriate emission limit from paragraph (a)(2) for combustion of residual oil, ng/J (lb/MM… | |||
| 40:40:7.0.1.1.1.13.1.6 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.45b Compliance and performance test methods and procedures for sulfur dioxide. | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009] | (a) The SO 2 emission standards in § 60.42b apply at all times. Facilities burning coke oven gas alone or in combination with any other gaseous fuels or distillate oil are allowed to exceed the limit 30 operating days per calendar year for SO 2 control system maintenance. (b) In conducting the performance tests required under § 60.8, the owner or operator shall use the methods and procedures in appendix A (including fuel certification and sampling) of this part or the methods and procedures as specified in this section, except as provided in § 60.8(b). Section 60.8(f) does not apply to this section. The 30-day notice required in § 60.8(d) applies only to the initial performance test unless otherwise specified by the Administrator. (c) The owner or operator of an affected facility shall conduct performance tests to determine compliance with the percent of potential SO 2 emission rate (% P s ) and the SO 2 emission rate (E s ) pursuant to § 60.42b following the procedures listed below, except as provided under paragraph (d) and (k) of this section. (1) The initial performance test shall be conducted over 30 consecutive operating days of the steam generating unit. Compliance with the SO 2 standards shall be determined using a 30-day average. The first operating day included in the initial performance test shall be scheduled within 30 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of the facility. (2) If only coal, only oil, or a mixture of coal and oil is combusted, the following procedures are used: (i) The procedures in Method 19 of appendix A-7 of this part are used to determine the hourly SO 2 emission rate (E ho ) and the 30-day average emission rate (E ao ). The hourly averages used to compute the 30-day averages are obtained from the CEMS of § 60.47b(a) or (b). (ii) The percent of potential SO 2 emission rate (%P s ) emitted to the atmosphere is computed using the following formula: Where: %P … | |||
| 40:40:7.0.1.1.1.13.1.7 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.46b Compliance and performance test methods and procedures for particulate matter and nitrogen oxides. | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009; 76 FR 3523, Jan. 20, 2011; 77 FR 9460, Feb. 16, 2012; 79 FR 11249, Feb. 27, 2014] | (a) The PM emission standards and opacity limits under § 60.43b apply at all times except during periods of startup, shutdown, or malfunction. The NO X emission standards under § 60.44b apply at all times. (b) Compliance with the PM emission standards under § 60.43b shall be determined through performance testing as described in paragraph (d) of this section, except as provided in paragraph (i) of this section. (c) Compliance with the NO X emission standards under § 60.44b shall be determined through performance testing under paragraph (e) or (f), or under paragraphs (g) and (h) of this section, as applicable. (d) To determine compliance with the PM emission limits and opacity limits under § 60.43b, the owner or operator of an affected facility shall conduct an initial performance test as required under § 60.8, and shall conduct subsequent performance tests as requested by the Administrator, using the following procedures and reference methods: (1) Method 3A or 3B of appendix A-2 of this part is used for gas analysis when applying Method 5 of appendix A-3 of this part or Method 17 of appendix A-6 of this part. (2) Method 5, 5B, or 17 of appendix A of this part shall be used to measure the concentration of PM as follows: (i) Method 5 of appendix A of this part shall be used at affected facilities without wet flue gas desulfurization (FGD) systems; and (ii) Method 17 of appendix A-6 of this part may be used at facilities with or without wet scrubber systems provided the stack gas temperature does not exceed a temperature of 160 °C (320 °F). The procedures of sections 8.1 and 11.1 of Method 5B of appendix A-3 of this part may be used in Method 17 of appendix A-6 of this part only if it is used after a wet FGD system. Do not use Method 17 of appendix A-6 of this part after wet FGD systems if the effluent is saturated or laden with water droplets. (iii) Method 5B of appendix A of this part is to be used only after wet FGD systems. (3) Method 1 of appendix A of this part is used to select the sampling site a… | |||
| 40:40:7.0.1.1.1.13.1.8 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.47b Emission monitoring for sulfur dioxide. | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5087, Jan. 28, 2009; 79 FR 11249, Feb. 27, 2014] | (a) Except as provided in paragraphs (b) and (f) of this section, the owner or operator of an affected facility subject to the SO 2 standards in § 60.42b shall install, calibrate, maintain, and operate CEMS for measuring SO 2 concentrations and either O 2 or CO 2 concentrations and shall record the output of the systems. For units complying with the percent reduction standard, the SO 2 and either O 2 or CO 2 concentrations shall both be monitored at the inlet and outlet of the SO 2 control device. If the owner or operator has installed and certified SO 2 and O 2 or CO 2 CEMS according to the requirements of § 75.20(c)(1) of this chapter and appendix A to part 75 of this chapter, and is continuing to meet the ongoing quality assurance requirements of § 75.21 of this chapter and appendix B to part 75 of this chapter, those CEMS may be used to meet the requirements of this section, provided that: (1) When relative accuracy testing is conducted, SO 2 concentration data and CO 2 (or O 2 ) data are collected simultaneously; and (2) In addition to meeting the applicable SO 2 and CO 2 (or O 2 ) relative accuracy specifications in Figure 2 of appendix B to part 75 of this chapter, the relative accuracy (RA) standard in section 13.2 of Performance Specification 2 in appendix B to this part is met when the RA is calculated on a lb/MMBtu basis; and (3) The reporting requirements of § 60.49b are met. SO 2 and CO 2 (or O 2 ) data used to meet the requirements of § 60.49b shall not include substitute data values derived from the missing data procedures in subpart D of part 75 of this chapter, nor shall the SO 2 data have been bias adjusted according to the procedures of part 75 of this chapter. (b) As an alternative to operating CEMS as required under paragraph (a) of this section, an owner or operator may elect to determine the average SO 2 emissions and percent reduction by: (1) Collecting coal or oil samples in an as-fired condition at the inlet to the steam generating unit and analyzing them for sulf… | |||
| 40:40:7.0.1.1.1.13.1.9 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Db | Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units | § 60.48b Emission monitoring for particulate matter and nitrogen oxides. | EPA | [72 FR 32742, June 13, 2007, as amended at 74 FR 5087, Jan. 28, 2009; 76 FR 3523, Jan. 20, 2011; 77 FR 9460, Feb. 16, 2012] | (a) Except as provided in paragraph (j) of this section, the owner or operator of an affected facility subject to the opacity standard under § 60.43b shall install, calibrate, maintain, and operate a continuous opacity monitoring systems (COMS) for measuring the opacity of emissions discharged to the atmosphere and record the output of the system. The owner or operator of an affected facility subject to an opacity standard under § 60.43b and meeting the conditions under paragraphs (j)(1), (2), (3), (4), (5), or (6) of this section who elects not to use a COMS shall conduct a performance test using Method 9 of appendix A-4 of this part and the procedures in § 60.11 to demonstrate compliance with the applicable limit in § 60.43b by April 29, 2011, within 45 days of stopping use of an existing COMS, or within 180 days after initial startup of the facility, whichever is later, and shall comply with either paragraphs (a)(1), (a)(2), or (a)(3) of this section. The observation period for Method 9 of appendix A-4 of this part performance tests may be reduced from 3 hours to 60 minutes if all 6-minute averages are less than 10 percent and all individual 15-second observations are less than or equal to 20 percent during the initial 60 minutes of observation. (1) Except as provided in paragraph (a)(2) and (a)(3) of this section, the owner or operator shall conduct subsequent Method 9 of appendix A-4 of this part performance tests using the procedures in paragraph (a) of this section according to the applicable schedule in paragraphs (a)(1)(i) through (a)(1)(iv) of this section, as determined by the most recent Method 9 of appendix A-4 of this part performance test results. (i) If no visible emissions are observed, a subsequent Method 9 of appendix A-4 of this part performance test must be completed within 12 calendar months from the date that the most recent performance test was conducted or within 45 days of the next day that fuel with an opacity standard is combusted, whichever is later; (ii) If visible emissions are o… | |||
| 40:40:7.0.1.1.1.14.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Dc | Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units | § 60.40c Applicability and delegation of authority. | EPA | [72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009; 77 FR 9461, Feb. 16, 2012] | (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/h)) or less, but greater than or equal to 2.9 MW (10 MMBtu/h). (b) In delegating implementation and enforcement authority to a State under section 111(c) of the Clean Air Act, § 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 (SO 2 ) or particulate matter (PM) emission limits, performance testing requirements, or monitoring requirements under this subpart (§ 60.42c, § 60.43c, § 60.44c, § 60.45c, § 60.46c, or § 60.47c) during periods of combustion research, as defined in § 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 § 60.14. (e) Affected facilities ( i.e. heat recovery steam generators and fuel heaters) that are associated with stationary combustion 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, fuel heaters, and other affected facilities that are capable of combusting more than or equal to 2.9 MW (10 MMBtu/h) heat input of fossil fuel but less than or equal to 29 MW (100 MMBtu/h) heat input of fossil fuel. If the heat recovery steam generator, fuel heater, or other affected facility is subject to this subpart, only emissions resulting from combustion of fuels in the steam generating unit are subject to this subpart. (The stationary combustion turbine emissions are subject to subpart GG or KKKK, as applicable, of this pa… | |||
| 40:40:7.0.1.1.1.14.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Dc | Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units | § 60.41c Definitions. | EPA | [72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009; 77 FR 9461, Feb. 16, 2012] | As used in this subpart, all terms not defined herein shall have the meaning given them in the Clean Air Act and in subpart A of this part. Annual capacity factor means the ratio between the actual heat input to a steam generating unit from an individual fuel or combination of fuels during a period of 12 consecutive calendar months and the potential heat input to the steam generating unit from all fuels had the steam generating unit been operated for 8,760 hours during that 12-month period at the maximum design heat input capacity. In the case of steam generating units that are rented or leased, the actual heat input shall be determined based on the combined heat input from all operations of the affected facility during a period of 12 consecutive calendar months. Coal means all solid fuels classified as anthracite, bituminous, subbituminous, or lignite by the American Society of Testing and Materials in ASTM D388 (incorporated by reference, see § 60.17), coal refuse, and petroleum coke. Coal-derived synthetic fuels derived from coal for the purposes of creating useful heat, including but not limited to solvent refined coal, gasified coal not meeting the definition of natural gas, coal-oil mixtures, and coal-water mixtures, are also included in this definition for the purposes of this subpart. Coal refuse means any by-product of coal mining or coal cleaning operations with an ash content greater than 50 percent (by weight) and a heating value less than 13,900 kilojoules per kilogram (kJ/kg) (6,000 Btu per pound (Btu/lb) on a dry basis. Combined cycle system means a system in which a separate source (such as a stationary gas turbine, internal combustion engine, or kiln) provides exhaust gas to a steam generating unit. Combustion research means the experimental firing of any fuel or combination of fuels in a steam generating unit for the purpose of conducting research and development of more efficient combustion or more effective prevention or control of air pollutant emissions from combustion, provided th… | |||
| 40:40:7.0.1.1.1.14.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Dc | Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units | § 60.42c Standard for sulfur dioxide (SO | EPA | [72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009; 77 FR 9462, Feb. 16, 2012] | (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 § 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 SO 2 in excess of 87 ng/J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential SO 2 emission rate (90 percent reduction), nor cause to be discharged into the atmosphere from the affected facility any gases that contain SO 2 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 any gases that contain SO 2 in excess of 87 ng/J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential SO 2 emission rate (90 percent reduction), nor cause to be discharged into the atmosphere from the affected facility any gases that contain SO 2 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 § 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 SO 2 in excess of 87 ng/J (0.20 lb/MMBtu) heat input or 20 percent (0.20) of the potential SO 2 emission rate (80 percent reduction); nor (ii) Cause to be discharged into the atmosphere from that affected facility any gases that contain SO 2 in excess of SO 2 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 oi… | |||
| 40:40:7.0.1.1.1.14.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Dc | Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units | § 60.43c Standard for particulate matter (PM). | EPA | [72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 77 FR 9462, Feb. 16, 2012] | (a) On and after the date on which the initial performance test is completed or required to be completed under § 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 other fuels and has a heat input capacity of 8.7 MW (30 MMBtu/h) 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 § 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/h) 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 oper… | |||
| 40:40:7.0.1.1.1.14.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Dc | Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units | § 60.44c Compliance and performance test methods and procedures for sulfur dioxide. | EPA | [72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009] | (a) Except as provided in paragraphs (g) and (h) of this section and § 60.8(b), performance tests required under § 60.8 shall be conducted following the procedures specified in paragraphs (b), (c), (d), (e), and (f) of this section, as applicable. Section 60.8(f) does not apply to this section. The 30-day notice required in § 60.8(d) applies only to the initial performance test unless otherwise specified by the Administrator. (b) The initial performance test required under § 60.8 shall be conducted over 30 consecutive operating days of the steam generating unit. Compliance with the percent reduction requirements and SO 2 emission limits under § 60.42c shall be determined using a 30-day average. The first operating day included in the initial performance test shall be scheduled within 30 days after achieving the maximum production rate at which the affect facility will be operated, but not later than 180 days after the initial startup of the facility. The steam generating unit load during the 30-day period does not have to be the maximum design heat input capacity, but must be representative of future operating conditions. (c) After the initial performance test required under paragraph (b) of this section and § 60.8, compliance with the percent reduction requirements and SO 2 emission limits under § 60.42c is based on the average percent reduction and the average SO 2 emission rates for 30 consecutive steam generating unit operating days. A separate performance test is completed at the end of each steam generating unit operating day, and a new 30-day average percent reduction and SO 2 emission rate are calculated to show compliance with the standard. (d) If only coal, only oil, or a mixture of coal and oil is combusted in an affected facility, the procedures in Method 19 of appendix A of this part are used to determine the hourly SO 2 emission rate (E ho ) and the 30-day average SO 2 emission rate (E ao ). The hourly averages used to compute the 30-day averages are obtained from the CEMS. Method 19 of app… | |||
| 40:40:7.0.1.1.1.14.1.6 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Dc | Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units | § 60.45c Compliance and performance test methods and procedures for particulate matter. | EPA | [72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 76 FR 3523, Jan. 20, 2011; 77 FR 9463, Feb. 16, 2012] | (a) The owner or operator of an affected facility subject to the PM and/or opacity standards under § 60.43c shall conduct an initial performance test as required under § 60.8, and shall conduct subsequent performance tests as requested by the Administrator, to determine compliance with the standards using the following procedures and reference methods, except as specified in paragraph (c) of this section. (1) Method 1 of appendix A of this part shall be used to select the sampling site and the number of traverse sampling points. (2) Method 3A or 3B of appendix A-2 of this part shall be used for gas analysis when applying Method 5 or 5B of appendix A-3 of this part or 17 of appendix A-6 of this part. (3) Method 5, 5B, or 17 of appendix A of this part shall be used to measure the concentration of PM as follows: (i) Method 5 of appendix A of this part may be used only at affected facilities without wet scrubber systems. (ii) Method 17 of appendix A of this part may be used at affected facilities with or without wet scrubber systems provided the stack gas temperature does not exceed a temperature of 160 °C (320 °F). The procedures of Sections 8.1 and 11.1 of Method 5B of appendix A of this part may be used in Method 17 of appendix A of this part only if Method 17 of appendix A of this part is used in conjunction with a wet scrubber system. Method 17 of appendix A of this part shall not be used in conjunction with a wet scrubber system if the effluent is saturated or laden with water droplets. (iii) Method 5B of appendix A of this part may be used in conjunction with a wet scrubber system. (4) The sampling time for each run shall be at least 120 minutes and the minimum sampling volume shall be 1.7 dry standard cubic meters (dscm) [60 dry standard cubic feet (dscf)] except that smaller sampling times or volumes may be approved by the Administrator when necessitated by process variables or other factors. (5) For Method 5 or 5B of appendix A of this part, the temperature of the sample gas in the probe and filter … | |||
| 40:40:7.0.1.1.1.14.1.7 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Dc | Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units | § 60.46c Emission monitoring for sulfur dioxide. | EPA | (a) Except as provided in paragraphs (d) and (e) of this section, the owner or operator of an affected facility subject to the SO 2 emission limits under § 60.42c shall install, calibrate, maintain, and operate a CEMS for measuring SO 2 concentrations and either O 2 or CO 2 concentrations at the outlet of the SO 2 control device (or the outlet of the steam generating unit if no SO 2 control device is used), and shall record the output of the system. The owner or operator of an affected facility subject to the percent reduction requirements under § 60.42c shall measure SO 2 concentrations and either O 2 or CO 2 concentrations at both the inlet and outlet of the SO 2 control device. (b) The 1-hour average SO 2 emission rates measured by a CEMS shall be expressed in ng/J or lb/MMBtu heat input and shall be used to calculate the average emission rates under § 60.42c. Each 1-hour average SO 2 emission rate must be based on at least 30 minutes of operation, and shall be calculated using the data points required under § 60.13(h)(2). Hourly SO 2 emission rates are not calculated if the affected facility is operated less than 30 minutes in a 1-hour period and are not counted toward determination of a steam generating unit operating day. (c) The procedures under § 60.13 shall be followed for installation, evaluation, and operation of the CEMS. (1) All CEMS shall be operated in accordance with the applicable procedures under Performance Specifications 1, 2, and 3 of appendix B of this part. (2) Quarterly accuracy determinations and daily calibration drift tests shall be performed in accordance with Procedure 1 of appendix F of this part. (3) For affected facilities subject to the percent reduction requirements under § 60.42c, the span value of the SO 2 CEMS at the inlet to the SO 2 control device shall be 125 percent of the maximum estimated hourly potential SO 2 emission rate of the fuel combusted, and the span value of the SO 2 CEMS at the outlet from the SO 2 control device shall be 50 percent of t… | ||||
| 40:40:7.0.1.1.1.14.1.8 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Dc | Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units | § 60.47c Emission monitoring for particulate matter. | EPA | [72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 76 FR 3523, Jan. 20, 2011; 77 FR 9463, Feb. 16, 2012] | (a) Except as provided in paragraphs (c), (d), (e), and (f) of this section, the owner or operator of an affected facility combusting coal, oil, or wood that is subject to the opacity standards under § 60.43c shall install, calibrate, maintain, and operate a continuous opacity monitoring system (COMS) for measuring the opacity of the emissions discharged to the atmosphere and record the output of the system. The owner or operator of an affected facility subject to an opacity standard in § 60.43c(c) that is not required to use a COMS due to paragraphs (c), (d), (e), or (f) of this section that elects not to use a COMS shall conduct a performance test using Method 9 of appendix A-4 of this part and the procedures in § 60.11 to demonstrate compliance with the applicable limit in § 60.43c by April 29, 2011, within 45 days of stopping use of an existing COMS, or within 180 days after initial startup of the facility, whichever is later, and shall comply with either paragraphs (a)(1), (a)(2), or (a)(3) of this section. The observation period for Method 9 of appendix A-4 of this part performance tests may be reduced from 3 hours to 60 minutes if all 6-minute averages are less than 10 percent and all individual 15-second observations are less than or equal to 20 percent during the initial 60 minutes of observation. (1) Except as provided in paragraph (a)(2) and (a)(3) of this section, the owner or operator shall conduct subsequent Method 9 of appendix A-4 of this part performance tests using the procedures in paragraph (a) of this section according to the applicable schedule in paragraphs (a)(1)(i) through (a)(1)(iv) of this section, as determined by the most recent Method 9 of appendix A-4 of this part performance test results. (i) If no visible emissions are observed, a subsequent Method 9 of appendix A-4 of this part performance test must be completed within 12 calendar months from the date that the most recent performance test was conducted or within 45 days of the next day that fuel with an opacity standard is comb… | |||
| 40:40:7.0.1.1.1.14.1.9 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Dc | Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units | § 60.48c Reporting and recordkeeping requirements. | EPA | [72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009] | (a) The owner or operator of each affected facility shall submit notification of the date of construction or reconstruction and actual startup, as provided by § 60.7 of this part. This notification shall include: (1) The design heat input capacity of the affected facility and identification of fuels to be combusted in the affected facility. (2) If applicable, a copy of any federally enforceable requirement that limits the annual capacity factor for any fuel or mixture of fuels under § 60.42c, or § 60.43c. (3) The annual capacity factor at which the owner or operator anticipates operating the affected facility based on all fuels fired and based on each individual fuel fired. (4) Notification if an emerging technology will be used for controlling SO 2 emissions. The Administrator will examine the description of the control device and will determine whether the technology qualifies as an emerging technology. In making this determination, the Administrator may require the owner or operator of the affected facility to submit additional information concerning the control device. The affected facility is subject to the provisions of § 60.42c(a) or (b)(1), unless and until this determination is made by the Administrator. (b) The owner or operator of each affected facility subject to the SO 2 emission limits of § 60.42c, or the PM or opacity limits of § 60.43c, shall submit to the Administrator the performance test data from the initial and any subsequent performance tests and, if applicable, the performance evaluation of the CEMS and/or COMS using the applicable performance specifications in appendix B of this part. (c) In addition to the applicable requirements in § 60.7, the owner or operator of an affected facility subject to the opacity limits in § 60.43c(c) shall submit excess emission reports for any excess emissions from the affected facility that occur during the reporting period and maintain records according to the requirements specified in paragraphs (c)(1) through (3) of this section, as applicable to… | |||
| 40:40:7.0.1.1.1.15.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | E | Subpart E—Standards of Performance for Incinerators | § 60.50 Applicability and designation of affected facility. | EPA | [42 FR 37936, July 25, 1977, as amended at 71 FR 27335, May 10, 2006] | (a) The provisions of this subpart are applicable to each incinerator of more than 45 metric tons per day charging rate (50 tons/day), which is the affected facility. (b) Any facility under paragraph (a) of this section that commences construction or modification after August 17, 1971, is subject to the requirements of this subpart. (c) Any facility covered by subpart Cb, Eb, AAAA, or BBBB of this part is not covered by this subpart. (d) Any facility covered by an EPA approved State section 111(d)/129 plan implementing subpart Cb or BBBB of this part is not covered by this subpart. (e) Any facility covered by subpart FFF or JJJ of part 62 of this title (Federal section 111(d)/129 plan implementing subpart Cb or BBBB of this part) is not covered by this subpart. | |||
| 40:40:7.0.1.1.1.15.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | E | Subpart E—Standards of Performance for Incinerators | § 60.51 Definitions. | EPA | [36 FR 24877, Dec. 23, 1971, as amended at 39 FR 20792, June 14, 1974] | As used in this subpart, all terms not defined herein shall have the meaning given them in the Act and in subpart A of this part. (a) Incinerator means any furnace used in the process of burning solid waste for the purpose of reducing the volume of the waste by removing combustible matter. (b) Solid waste means refuse, more than 50 percent of which is municipal type waste consisting of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles, and noncombustible materials such as glass and rock. (c) Day means 24 hours. | |||
| 40:40:7.0.1.1.1.15.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | E | Subpart E—Standards of Performance for Incinerators | § 60.52 Standard for particulate matter. | EPA | [39 FR 20792, June 14, 1974, as amended at 65 FR 61753, Oct. 17, 2000] | (a) On and after the date on which the initial performance test is completed or required to be completed under § 60.8 of this part, whichever date comes first, no owner or operator subject to the provisions of this part shall cause to be discharged into the atmosphere from any affected facility any gases which contain particulate matter in excess of 0.18 g/dscm (0.08 gr/dscf) corrected to 12 percent CO 2 . | |||
| 40:40:7.0.1.1.1.15.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | E | Subpart E—Standards of Performance for Incinerators | § 60.53 Monitoring of operations. | EPA | (a) The owner or operator of any incinerator subject to the provisions of this part shall record the daily charging rates and hours of operation. | ||||
| 40:40:7.0.1.1.1.15.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | E | Subpart E—Standards of Performance for Incinerators | § 60.54 Test methods and procedures. | EPA | [54 FR 6665, Feb. 14, 1989, as amended at 55 FR 5212, Feb. 14, 1990; 65 FR 61753, Oct. 17, 2000] | (a) In conducting the performance tests required in § 60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in § 60.8(b). (b) The owner or operator shall determine compliance with the particulate matter standard in § 60.52 as follows: (1) The concentration (c 12 ) of particulate matter, corrected to 12 percent CO 2 , shall be computed for each run using the following equation: c 12 = c s (12/%CO 2 ) where: c 12 = concentration of particulate matter, corrected to 12 percent CO 2 , g/dscm (gr/dscf). c s = concentration of particulate matter, g/dscm (gr/dscf). %CO 2 = CO 2 concentration, percent dry basis. where: c 12 = concentration of particulate matter, corrected to 12 percent CO 2 , g/dscm (gr/dscf). c s = concentration of particulate matter, g/dscm (gr/dscf). %CO 2 = CO 2 concentration, percent dry basis. (2) Method 5 shall be used to determine the particulate matter concentration (c s ). The sampling time and sample volume for each run shall be at least 60 minutes and 0.85 dscm (30 dscf). (3) The emission rate correction factor, integrated or grab sampling and analysis procedure of Method 3B shall be used to determine CO 2 concentration (%CO 2 ). (i) The CO 2 sample shall be obtained simultaneously with, and at the same traverse points as, the particulate run. If the particulate run has more than 12 traverse points, the CO 2 traverse points may be reduced to 12 if Method 1 is used to locate the 12 CO 2 traverse points. If individual CO 2 samples are taken at each traverse point, the CO 2 concentration (%CO 2 ) used in the correction equation shall be the arithmetic mean of the sample CO 2 concentrations at all traverse points. (ii) If sampling is conducted after a wet scrubber, an “adjusted” CO 2 concentration [(%CO 2 ) adj ], which accounts for the effects of CO 2 absorption and dilution air, may be used instead of the CO 2 c… | |||
| 40:40:7.0.1.1.1.16.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.50a Applicability and delegation of authority. | EPA | [56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65384, Dec. 19, 1995] | (a) The affected facility to which this subpart applies is each municipal waste combustor unit with a municipal waste combustor unit capacity greater than 225 megagrams per day (250 tons per day) of municipal solid waste for which construction, modification, or reconstruction is commenced as specified in paragraphs (a)(1) and (a)(2) of this section. (1) Construction is commenced after December 20, 1989 and on or before September 20, 1994. (2) Modification or reconstruction is commenced after December 20, 1989 and on or before June 19, 1996. (b) [Reserved] (c) Any unit combusting a single-item waste stream of tires is not subject to this subpart if the owner or operator of the unit: (1) Notifies the Administrator of an exemption claim; and (2) Provides data documenting that the unit qualifies for this exemption. (d) Any cofired combustor, as defined under § 60.51a, located at a plant that meets the capacity specifications in paragraph (a) of this section is not subject to this subpart if the owner or operator of the cofired combustor: (1) Notifies the Administrator of an exemption claim; (2) Provides a copy of the federally enforceable permit (specified in the definition of cofired combustor in this section); and (3) Keeps a record on a calendar quarter basis of the weight of municipal solid waste combusted at the cofired combustor and the weight of all other fuels combusted at the cofired combustor. (e) Any cofired combustor that is subject to a federally enforceable permit limiting the operation of the combustor to no more than 225 megagrams per day (250 tons per day) of municipal solid waste is not subject to this subpart. (f) Physical or operational changes made to an existing municipal waste combustor unit primarily for the purpose of complying with emission guidelines under subpart Cb are not considered a modification or reconstruction and do not result in an existing municipal waste combustor unit becoming subject to this subpart. (g) A qualifying small power production facility, as defined in … | |||
| 40:40:7.0.1.1.1.16.1.10 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.59a Reporting and recordkeeping requirements. | EPA | [56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65387, Dec. 19, 1995; 64 FR 7465, Feb. 12, 1999] | (a) The owner or operator of an affected facility located at an MWC plant with a capacity greater than 225 megagrams per day (250 tons per day) shall provide notification of intent to construct and of planned initial start-up date and the type(s) of fuels that they plan to combust in the affected facility. The MWC unit capacity and MWC plant capacity and supporting capacity calculations shall be provided at the time of the notification of construction. (b) The owner or operator of an affected facility located within a small or large MWC plant and subject to the standards under § 60.52a, § 60.53a, § 60.54a, § 60.55a, § 60.56a, or § 60.57a shall maintain records of the following information for each affected facility for a period of at least 2 years: (1) Calendar date. (2) The emission rates and parameters measured using CEMS as specified under (b)(2) (i) and (ii) of this section: (i) The following measurements shall be recorded in computer-readable format and on paper: (A) All 6-minute average opacity levels required under § 60.58a(b). (B) All 1 hour average sulfur dioxide emission rates at the inlet and outlet of the acid gas control device if compliance is based on a percent reduction, or at the outlet only if compliance is based on the outlet emission limit, as specified under § 60.58a(e). (C) All 1-hour average nitrogen oxides emission rates as specified under § 60.58a(g). (D) All 1-hour average carbon monoxide emission rates, MWC unit load measurements, and particulate matter control device inlet temperatures as specified under § 60.58a(h). (ii) The following average rates shall be computed and recorded: (A) All 24-hour daily geometric average percent reductions in sulfur dioxide emissions and all 24-hour daily geometric average sulfur dioxide emission rates as specified under § 60.58a(e). (B) All 24-hour daily arithmetic average nitrogen oxides emission rates as specified under § 60.58a(g). (C) All 4-hour block or 24-hour daily arithmetic average carbon monoxide emission rates, as applicable, as … | |||
| 40:40:7.0.1.1.1.16.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.51a Definitions. | EPA | [56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65384, Dec. 19, 1995; 65 FR 61753, Oct. 17, 2000] | ASME means the American Society of Mechanical Engineers. Batch MWC means an MWC unit designed such that it cannot combust MSW continuously 24 hours per day because the design does not allow waste to be fed to the unit or ash to be removed while combustion is occurring. Bubbling fluidized bed combustor means a fluidized bed combustor in which the majority of the bed material remains in a fluidized state in the primary combustion zone. Calendar quarter means a consecutive 3-month period (nonoverlapping) beginning on January 1, April 1, July 1, and October 1. Chief facility operator means the person in direct charge and control of the operation of an MWC and who is responsible for daily on-site supervision, technical direction, management, and overall performance of the facility. Circulating fluidized bed combustor means a fluidized bed combustor in which the majority of the fluidized bed material is carried out of the primary combustion zone and is transported back to the primary zone through a recirculation loop. Clean wood means untreated wood or untreated wood products including clean untreated lumber, tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not include yard waste, which is defined elsewhere in this section, or construction, renovation, and demolition wastes (which includes but is not limited to railroad ties and telephone poles), which are exempt from the definition of municipal solid waste in this section. Cofired combustor means a unit combusting municipal solid waste with nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and subject to a federally enforceable permit limiting the unit to combusting a fuel feed stream, 30 percent or less of the weight of which is comprised, in aggregate, of municipal solid waste as measured on a calendar quarter basis. Continuous emission monitoring system or CEMS means a monitoring system for continuously measuring the emissions of a pollutant from an affected facility. Continuous monitoring sys… | |||
| 40:40:7.0.1.1.1.16.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.52a Standard for municipal waste combustor metals. | EPA | (a) On and after the date on which the initial compliance test is completed or is required to be completed under § 60.8, no owner or operator of an affected facility located within a large MWC plant shall cause to be discharged into the atmosphere from that affected facility any gases that contain particulate matter in excess of 34 milligrams per dry standard cubic meter (0.015 grains per dry standard cubic foot), corrected to 7 percent oxygen (dry basis). (b) On and after the date on which the initial compliance test is completed or is required to be completed under § 60.8, no owner or operator of an affected facility subject to the particulate matter emission limit under paragraph (a) of this section shall cause to be discharged into the atmosphere from that affected facility any gases that exhibit greater than 10 percent opacity (6-minute average). (c) [Reserved] | ||||
| 40:40:7.0.1.1.1.16.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.53a Standard for municipal waste combustor organics. | EPA | (a) [Reserved] (b) On and after the date on which the initial compliance test is completed or is required to be completed under § 60.8, no owner or operator of an affected facility located within a large MWC plant shall cause to be discharged into the atmosphere from that affected facility any gases that contain dioxin/furan emissions that exceed 30 nanograms per dry standard cubic meter (12 grains per billion dry standard cubic feet), corrected to 7 percent oxygen (dry basis). | ||||
| 40:40:7.0.1.1.1.16.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.54a Standard for municipal waste combustor acid gases. | EPA | (a)-(b) [Reserved] (c) On and after the date on which the initial compliance test is completed or is required to be completed under § 60.8, no owner or operator of an affected facility located within a large MWC plant shall cause to be discharged into the atmosphere from that affected facility any gases that contain sulfur dioxide in excess of 20 percent of the potential sulfur dioxide emission rate (80 percent reduction by weight or volume) or 30 parts per million by volume, corrected to 7 percent oxygen (dry basis), whichever is less stringent. The averaging time is specified in § 60.58a(e). (d) On and after the date on which the initial compliance test is completed or is required to be completed under § 60.8, no owner or operator of an affected facility located within a large MWC plant shall cause to be discharged into the atmosphere from that affected facility any gases that contain hydrogen chloride in excess of 5 percent of the potential hydrogen chloride emission rate (95 percent reduction by weight or volume) or 25 parts per million by volume, corrected to 7 percent oxygen (dry basis), whichever is less stringent. | ||||
| 40:40:7.0.1.1.1.16.1.6 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.55a Standard for nitrogen oxides. | EPA | On and after the date on which the initial compliance test is completed or is required to be completed under § 60.8, no owner or operator of an affected facility located within a large MWC plant shall cause to be discharged into the atmosphere from that affected facility any gases that contain nitrogen oxides in excess of 180 parts per million by volume, corrected to 7 percent oxygen (dry basis). The averaging time is specified under § 60.58a(g). | ||||
| 40:40:7.0.1.1.1.16.1.7 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.56a Standards for municipal waste combustor operating practices. | EPA | [56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65386, Dec. 19, 1995] | (a) On and after the date on which the initial compliance test is completed or is required to be completed under § 60.8, no owner or operator of an affected facility located within a large MWC plant shall cause such facility to exceed the carbon monoxide standards shown in table 1. Table 1—MWC Operating Standards 1 Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to 7 percent oxygen (dry basis). The averaging times are specified in § 60.58a(h). (b) No owner or operator of an affected facility located within a large MWC plant shall cause such facility to operate at a load level greater than 110 percent of the maximum demonstrated MWC unit load as defined in § 60.51a. The averaging time is specified under § 60.58a(h). (c) No owner or operator of an affected facility located within a large MWC plant shall cause such facility to operate at a temperature, measured at the final particulate matter control device inlet, exceeding 17 °Centigrade (30 °Fahrenheit) above the maximum demonstrated particulate matter control device temperature as defined in § 60.51a. The averaging time is specified under § 60.58a(h). (d) Within 24 months from the date of start-up of an affected facility or before February 11, 1993, whichever is later, each chief facility operator and shift supervisor of an affected facility located within a large MWC plant shall obtain and keep current either a provisional or operator certification in accordance with ASME QRO-1-1994 (incorporated by reference, see § 60.17) or an equivalent State-approved certification program. (e) No owner or operator of an affected facility shall allow such affected facility located at a large MWC plant to operate at any time without a certified shift supervisor, as provided under paragraph (d) of this section, on duty at the affected facility. This requirement shall take effect 24 months after the date of start-up of the affected facility or on and after February 11, 1993, whichever is later. (f) The owner or op… | |||
| 40:40:7.0.1.1.1.16.1.8 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.57a [Reserved] | EPA | |||||
| 40:40:7.0.1.1.1.16.1.9 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ea | Subpart Ea—Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994 | § 60.58a Compliance and performance testing. | EPA | [56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65387, Dec. 19, 1995; 65 FR 61753, Oct. 17, 2000] | (a) The standards under this subpart apply at all times, except during periods of start-up, shutdown, or malfunction; provided, however, that the duration of start-up, shutdown, or malfunction shall not exceed 3 hours per occurrence. (1) The start-up period commences when the affected facility begins the continuous burning of MSW and does not include any warm-up period when the affected facility is combusting only a fossil fuel or other non-MSW fuel and no MSW is being combusted. (2) Continuous burning is the continuous, semicontinuous, or batch feeding of MSW for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of MSW solely to provide thermal protection of grate or hearth during the start-up period shall not be considered to be continuous burning. (b) The following procedures and test methods shall be used to determine compliance with the emission limits for particulate matter under § 60.52a: (1) Method 1 shall be used to select sampling site and number of traverse points. (2) Method 3 shall be used for gas analysis. (3) Method 5 shall be used for determining compliance with the particulate matter emission limit. The minimum sample volume shall be 1.7 cubic meters (60 cubic feet). The probe and filter holder heating systems in the sample train shall be set to provide a gas temperature of 160°±14 °Centigrade (320°±25 °Fahrenheit). An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 5 run. (4) For each Method 5 run, the emission rate shall be determined using: (i) Oxygen or carbon dioxide measurements, (ii) Dry basis F factor, and (iii) Dry basis emission rate calculation procedures in Method 19. (5) An owner or operator may request that compliance be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established during the initi… | |||
| 40:40:7.0.1.1.1.17.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.50b Applicability and delegation of authority. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 1997; 71 FR 27335, May 10, 2006] | (a) The affected facility to which this subpart applies is each municipal waste combustor unit with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction, modification, or reconstruction is commenced after September 20, 1994. (b) Any waste combustion unit that is capable of combusting more than 250 tons per day of municipal solid waste and is subject to a federally enforceable permit limiting the maximum amount of municipal solid waste that may be combusted in the unit to less than or equal to 11 tons per day is not subject to this subpart if the owner or operator: (1) Notifies EPA of an exemption claim; (2) Provides a copy of the federally enforceable permit that limits the firing of municipal solid waste to less than 11 tons per day; and (3) Keeps records of the amount of municipal solid waste fired on a daily basis. (c) An affected facility to which this subpart applies is not subject to subpart E or Ea of this part. (d) Physical or operational changes made to an existing municipal waste combustor unit primarily for the purpose of complying with emission guidelines under subpart Cb are not considered a modification or reconstruction and do not result in an existing municipal waste combustor unit becoming subject to this subpart. (e) A qualifying small power production facility, as defined in section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that burns homogeneous waste (such as automotive tires or used oil, but not including refuse-derived fuel) for the production of electric energy is not subject to this subpart if the owner or operator of the facility notifies EPA of this exemption and provides data documenting that the facility qualifies for this exemption. (f) A qualifying cogeneration facility, as defined in section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns homogeneous waste (such as automotive tires or used oil, but not including refuse-derived fuel) for the production of electric energy and steam or forms of… | |||
| 40:40:7.0.1.1.1.17.1.10 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.59b Reporting and recordkeeping requirements. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45127, Aug. 25, 1997; 71 FR 27345, May 10, 2006] | (a) The owner or operator of an affected facility with a capacity to combust greater than 250 tons per day shall submit, on or before the date the application for a construction permit is submitted under 40 CFR part 51, subpart I, or part 52, as applicable, the items specified in paragraphs (a)(1) through (a)(4) of this section. (1) The preliminary and final draft materials separation plans required by § 60.57b(a)(1) and (a)(5). (2) A copy of the notification of the public meeting required by § 60.57b(a)(1)(ii). (3) A transcript of the public meeting required by § 60.57b(a)(2). (4) A copy of the document summarizing responses to public comments required by § 60.57b(a)(3). (b) The owner or operator of an affected facility with a capacity to combust greater than 250 tons per day shall submit a notification of construction, which includes the information specified in paragraphs (b)(1) through (b)(5) of this section. (1) Intent to construct. (2) Planned initial startup date. (3) The types of fuels that the owner or operator plans to combust in the affected facility. (4) The municipal waste combustor unit capacity, and supporting capacity calculations prepared in accordance with § 60.58b(j). (5) Documents associated with the siting requirements under § 60.57b (a) and (b), as specified in paragraphs (b)(5)(i) through (b)(5)(v) of this section. (i) The siting analysis required by § 60.57b (b)(1) and (b)(2). (ii) The final materials separation plan for the affected facility required by § 60.57b(a)(10). (iii) A copy of the notification of the public meeting required by § 60.57b(b)(3)(ii). (iv) A transcript of the public meeting required by § 60.57b(b)(4). (v) A copy of the document summarizing responses to public comments required by § 60.57b (a)(9) and (b)(5). (c) The owner or operator of an air curtain incinerator subject to the opacity limit under § 60.56b shall provide a notification of construction that includes the information specified in paragraphs (b)(1) through (b)(4) of this section. (d) The ow… | |||
| 40:40:7.0.1.1.1.17.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.51b Definitions. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45126, Aug. 25, 1997; 66 FR 36476, July 12, 2001; 71 FR 27335, May 10, 2006] | Administrator means: (1) For approved and effective State Section 111(d)/129 plans, the Director of the State air pollution control agency, or employee of the State air pollution control agency that is delegated the authority to perform the specified task; (2) For Federal Section 111(d)/129 plans, the Administrator of the EPA, an employee of the EPA, the Director of the State air pollution control agency, or employee of the State air pollution control agency to whom the authority has been delegated by the Administrator of the EPA to perform the specified task; and (3) For NSPS, the Administrator of the EPA, an employee of the EPA, the Director of the State air pollution control agency, or employee of the State air pollution control agency to whom the authority has been delegated by the Administrator of the EPA to perform the specified task. Air curtain incinerator means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which burning occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. Batch municipal waste combustor means a municipal waste combustor unit designed so that it cannot combust municipal solid waste continuously 24 hours per day because the design does not allow waste to be fed to the unit or ash to be removed while combustion is occurring. Bubbling fluidized bed combustor means a fluidized bed combustor in which the majority of the bed material remains in a fluidized state in the primary combustion zone. Calendar quarter means a consecutive 3-month period (nonoverlapping) beginning on January 1, April 1, July 1, and October 1. Calendar year means the period including 365 days starting January 1 and ending on December 31. Chief facility operator means the person in direct charge and control of the operation of a municipal waste combustor and who is responsible for daily onsite supervision, technical direction, management, and overall performance of the facility. Ci… | |||
| 40:40:7.0.1.1.1.17.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.52b Standards for municipal waste combustor metals, acid gases, organics, and nitrogen oxides. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45126, Aug. 25, 1997; 71 FR 27336, May 10, 2006] | (a) The limits for municipal waste combustor metals are specified in paragraphs (a)(1) through (a)(5) of this section. (1) On and after the date on which the initial performance test is completed or is required to be completed under § 60.8 of subpart A of this part, no owner or operator of an affected facility shall cause to be discharged into the atmosphere from that affected facility any gases that contain particulate matter in excess of the limits specified in paragraph (a)(1)(i) or (a)(1)(ii) of this section. (i) For affected facilities that commenced construction, modification, or reconstruction after September 20, 1994, and on or before December 19, 2005, the emission limit is 24 milligrams per dry standard cubic meter, corrected to 7 percent oxygen. (ii) For affected facilities that commenced construction, modification, or reconstruction after December 19, 2005, the emission limit is 20 milligrams per dry standard cubic meter, corrected to 7 percent oxygen. (2) On and after the date on which the initial performance test is completed or is required to be completed under § 60.8 of subpart A of this part, no owner or operator of an affected facility shall cause to be discharged into the atmosphere from that affected facility any gases that exhibit greater than 10 percent opacity (6-minute average). (3) On and after the date on which the initial performance test is completed or is required to be completed under § 60.8 of subpart A of this part, no owner or operator of an affected facility shall cause to be discharged into the atmosphere from that affected facility any gases that contain cadmium in excess of the limits specified in paragraph (a)(3)(i) or (a)(3)(ii) of this section. (i) For affected facilities that commenced construction, modification, or reconstruction after September 20, 1994, and on or before December 19, 2005, the emission limit is 20 micrograms per dry standard cubic meter, corrected to 7 percent oxygen. (ii) For affected facilities that commenced construction, modification, or recon… | |||
| 40:40:7.0.1.1.1.17.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.53b Standards for municipal waste combustor operating practices. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 71 FR 27336, May 10, 2006] | (a) On and after the date on which the initial performance test is completed or is required to be completed under § 60.8 of subpart A of this part, no owner or operator of an affected facility shall cause to be discharged into the atmosphere from that affected facility any gases that contain carbon monoxide in excess of the emission limits specified in table 1 of this subpart. Table 1—Municipal Waste Combustor Operating Standards a Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to 7 percent oxygen (dry basis). The averaging times are specified in greater detail in § 60.58b(i). b Averaging times are 4-hour or 24-hour block averages. (b) No owner or operator of an affected facility shall cause such facility to operate at a load level greater than 110 percent of the maximum demonstrated municipal waste combustor unit load as defined in § 60.51b, except as specified in paragraphs (b)(1) and (b)(2) of this section. The averaging time is specified under § 60.58b(i). (1) During the annual dioxin/furan or mercury performance test and the 2 weeks preceding the annual dioxin/furan or mercury performance test, no municipal waste combustor unit load limit is applicable if the provisions of paragraph (b)(2) of this section are met. (2) The municipal waste combustor unit load limit may be waived in writing by the Administrator for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. The municipal waste combustor unit load limit continues to apply, and remains enforceable, until and unless the Administrator grants the waiver. (c) No owner or operator of an affected facility shall cause such facility to operate at a temperature, measured at the particulate matter control device inlet, exceeding 17 °C above the maximum demonstrated particulate matter control device te… | |||
| 40:40:7.0.1.1.1.17.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.54b Standards for municipal waste combustor operator training and certification. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 71 FR 27337, May 10, 2006] | (a) No later than the date 6 months after the date of startup of an affected facility or on December 19, 1996, whichever is later, each chief facility operator and shift supervisor shall obtain and maintain a current provisional operator certification from either the American Society of Mechanical Engineers [QRO-1-1994 (incorporated by reference—see § 60.17 of subpart A of this part)] or a State certification program. (b) Not later than the date 6 months after the date of startup of an affected facility or on December 19, 1996, whichever is later, each chief facility operator and shift supervisor shall have completed full certification or shall have scheduled a full certification exam with either the American Society of Mechanical Engineers [QRO-1-1994 (incorporated by reference—see § 60.17 of subpart A of this part)] or a State certification program. (c) No owner or operator of an affected facility shall allow the facility to be operated at any time unless one of the following persons is on duty and at the affected facility: A fully certified chief facility operator, a provisionally certified chief facility operator who is scheduled to take the full certification exam according to the schedule specified in paragraph (b) of this section, a fully certified shift supervisor, or a provisionally certified shift supervisor who is scheduled to take the full certification exam according to the schedule specified in paragraph (b) of this section. (1) The requirement specified in paragraph (c) of this section shall take effect 6 months after the date of startup of the affected facility or on December 19, 1996, whichever is later. (2) If both the certified chief facility operator and certified shift supervisor are unavailable, a provisionally certified control room operator on site at the municipal waste combustion unit may fulfill the certified operator requirement. Depending on the length of time that a certified chief facility operator and certified shift supervisor are away, the owner or operator of the affected fa… | |||
| 40:40:7.0.1.1.1.17.1.6 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.55b Standards for municipal waste combustor fugitive ash emissions. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997] | (a) On and after the date on which the initial performance test is completed or is required to be completed under § 60.8 of subpart A of this part, no owner or operator of an affected facility shall cause to be discharged to the atmosphere visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) in excess of 5 percent of the observation period (i.e., 9 minutes per 3-hour period), as determined by EPA Reference Method 22 observations as specified in § 60.58b(k), except as provided in paragraphs (b) and (c) of this section. (b) The emission limit specified in paragraph (a) of this section does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems; however, the emission limit specified in paragraph (a) of this section does cover visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems. (c) The provisions specified in paragraph (a) of this section do not apply during maintenance and repair of ash conveying systems. | |||
| 40:40:7.0.1.1.1.17.1.7 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.56b Standards for air curtain incinerators. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997] | On and after the date on which the initial performance test is completed or is required to be completed under § 60.8 of subpart A of this part, the owner or operator of an air curtain incinerator with the capacity to combust greater than 250 tons per day of municipal solid waste and that combusts a fuel feed stream composed of 100 percent yard waste and no other municipal solid waste materials shall at no time cause to be discharged into the atmosphere from that incinerator any gases that exhibit greater than 10-percent opacity (6-minute average), except that an opacity level of up to 35 percent (6-minute average) is permitted during startup periods during the first 30 minutes of operation of the unit. | |||
| 40:40:7.0.1.1.1.17.1.8 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.57b Siting requirements. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 71 FR 27337, May 10, 2006] | (a) The owner or operator of an affected facility shall prepare a materials separation plan, as defined in § 60.51b, for the affected facility and its service area, and shall comply with the requirements specified in paragraphs (a)(1) through (a)(10) of this section. The initial application is defined as representing a good faith submittal as determined by EPA. (1) The owner or operator shall prepare a preliminary draft materials separation plan and shall make the plan available to the public as specified in paragraphs (a)(1)(i) and (a)(1)(ii) of this section. (i) The owner or operator shall distribute the preliminary draft materials separation plan to the principal public libraries in the area where the affected facility is to be constructed. (ii) The owner or operator shall publish a notification of a public meeting in the principal newspaper(s) serving the area where the affected facility is to be constructed and where the waste treated by the affected facility will primarily be collected. As a minimum, the notification shall include the information specified in paragraphs (a)(1)(ii)(A) through (a)(1)(ii)(D) of this section. (A) The date, time, and location of the public meeting. (B) The location of the public libraries where the preliminary draft materials separation plan may be found, including normal business hours of the libraries. (C) An agenda of the issues to be discussed at the public meeting. (D) The dates that the public comment period on the preliminary draft materials separation plan begins and ends. (2) The owner or operator shall conduct a public meeting, accept comments on the preliminary draft materials separation plan, and comply with the requirements specified in paragraphs (a)(2)(i) through (a)(2)(iv) of this section. (i) The public meeting shall be conducted in the county where the affected facility is to be located. (ii) The public meeting shall be scheduled to occur 30 days or more after making the preliminary draft materials separation plan available to the public as specified … | |||
| 40:40:7.0.1.1.1.17.1.9 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Eb | Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 | § 60.58b Compliance and performance testing. | EPA | [60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 65 FR 61753, Oct. 17, 2000; 66 FR 57827, Nov. 16, 2001; 71 FR 27337, May 10, 2006] | (a) The provisions for startup, shutdown, and malfunction are provided in paragraphs (a)(1) and (a)(2) of this section. (1) Except as provided by § 60.56b, the standards under this subpart apply at all times except during periods of startup, shutdown, and malfunction. Duration of startup, shutdown, or malfunction periods are limited to 3 hours per occurrence, except as provided in paragraph (a)(1)(iii) of this section. During periods of startup, shutdown, or malfunction, monitoring data shall be dismissed or excluded from compliance calculations, but shall be recorded and reported in accordance with the provisions of 40 CFR 60.59b(d)(7). (i) The startup period commences when the affected facility begins the continuous burning of municipal solid waste and does not include any warmup period when the affected facility is combusting fossil fuel or other nonmunicipal solid waste fuel, and no municipal solid waste is being fed to the combustor. (ii) Continuous burning is the continuous, semicontinuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning. (iii) For the purpose of compliance with the carbon monoxide emission limits in § 60.53b(a), if a loss of boiler water level control (e.g., boiler waterwall tube failure) or a loss of combustion air control (e.g., loss of combustion air fan, induced draft fan, combustion grate bar failure) is determined to be a malfunction, the duration of the malfunction period is limited to 15 hours per occurrence. During such periods of malfunction, monitoring data shall be dismissed or excluded from compliance calculations, but shall be recorded and reported in accordance with the provisions of § 60.59b(d)(7). (2) The opacit… | |||
| 40:40:7.0.1.1.1.18.1.1 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ec | Subpart Ec—Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators | § 60.50c Applicability and delegation of authority. | EPA | [62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51408, Oct. 6, 2009] | (a) Except as provided in paragraphs (b) through (h) of this section, the affected facility to which this subpart applies is each individual hospital/medical/infectious waste incinerator (HMIWI): (1) For which construction is commenced after June 20, 1996 but no later than December 1, 2008; or (2) For which modification is commenced after March 16, 1998 but no later than April 6, 2010. (3) For which construction is commenced after December 1, 2008; or (4) For which modification is commenced after April 6, 2010. (b) A combustor is not subject to this subpart during periods when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste (all defined in § 60.51c) is burned, provided the owner or operator of the combustor: (1) Notifies the Administrator of an exemption claim; and (2) Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactivewaste and/or chemotherapeutic waste is burned. (c) Any co-fired combustor (defined in § 60.51c) is not subject to this subpart if the owner or operator of the co-fired combustor: (1) Notifies the Administrator of an exemption claim; (2) Provides an estimate of the relative amounts of hospital waste, medical/infectious waste, and other fuels and wastes to be combusted; and (3) Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor. (d) Any combustor required to have a permit under section 3005 of the Solid Waste Disposal Act is not subject to this subpart. (e) Any combustor which meets the applicability requirements under subpart Cb, Ea, or Eb of this part (standards or guidelines for certain municipal waste combustors) is not subject to this subpart. (f) Any pyrolysis unit (defined in § 60.51c) is not subject to this subpart. (g) Cement kilns firing hospital waste and/or medical/infectious waste are not subject to this subpart. (h) Physical or op… | |||
| 40:40:7.0.1.1.1.18.1.2 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ec | Subpart Ec—Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators | § 60.51c Definitions. | EPA | [62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51408, Oct. 6, 2009; 79 FR 11249, Feb. 27, 2014] | Bag leak detection system means an instrument that is capable of monitoring PM loadings in the exhaust of a fabric filter in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light-scattering, light-transmittance, or other effects to monitor relative PM loadings. Batch HMIWI means an HMIWI that is designed such that neither waste charging nor ash removal can occur during combustion. Biologicals means preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto. Blood products means any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc. Body fluids means liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions. Bypass stack means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment. Chemotherapeutic waste means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. Co-fired combustor means a unit combusting hospital waste and/or medical/infectious waste with other fuels or wastes (e.g., coal, municipal solid waste) and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, 10 percent or less of the weight of which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendar quarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered “other” wastes when calculating the percentage of hospital waste and m… | |||
| 40:40:7.0.1.1.1.18.1.3 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ec | Subpart Ec—Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators | § 60.52c Emission limits. | EPA | [62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51409, Oct. 6, 2009] | (a) On and after the date on which the initial performance test is completed or is required to be completed under § 60.8, whichever date comes first, no owner or operator of an affected facility shall cause to be discharged into the atmosphere: (1) From an affected facility as defined in § 60.50c(a)(1) and (2), any gases that contain stack emissions in excess of the limits presented in Table 1A to this subpart. (2) From an affected facility as defined in § 60.50c(a)(3) and (4), any gases that contain stack emissions in excess of the limits presented in Table 1B to this subpart. (b) On and after the date on which the initial performance test is completed or is required to be completed under § 60.8, whichever date comes first, no owner or operator of an affected facility shall cause to be discharged into the atmosphere: (1) From an affected facility as defined in § 60.50c(a)(1) and (2), any gases that exhibit greater than 10 percent opacity (6-minute block average). (2) From an affected facility as defined in § 60.50c(a)(3) and (4), any gases that exhibit greater than 6 percent opacity (6-minute block average). (c) On and after the date on which the initial performance test is completed or is required to be completed under § 60.8, whichever date comes first, no owner or operator of an affected facility as defined in § 60.50c(a)(1) and (2) and utilizing a large HMIWI, and in § 60.50c(a)(3) and (4), shall cause to be discharged into the atmosphere visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) in excess of 5 percent of the observation period ( i.e., 9 minutes per 3-hour period), as determined by EPA Reference Method 22 of appendix A-1 of this part, except as provided in paragraphs (d) and (e) of this section. (d) The emission limit specified in paragraph (c) of this section does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems; however, the emission limit does cover visible emissions discharged to the atmosphe… | |||
| 40:40:7.0.1.1.1.18.1.4 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ec | Subpart Ec—Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators | § 60.53c Operator training and qualification requirements. | EPA | (a) No owner or operator of an affected facility shall allow the affected facility to operate at any time unless a fully trained and qualified HMIWI operator is accessible, either at the facility or available within 1 hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or more HMIWI operators. (b) Operator training and qualification shall be obtained through a State-approved program or by completing the requirements included in paragraphs (c) through (g) of this section. (c) Training shall be obtained by completing an HMIWI operator training course that includes, at a minimum, the following provisions: (1) 24 hours of training on the following subjects: (i) Environmental concerns, including pathogen destruction and types of emissions; (ii) Basic combustion principles, including products of combustion; (iii) Operation of the type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures; (iv) Combustion controls and monitoring; (v) Operation of air pollution control equipment and factors affecting performance (if applicable); (vi) Methods to monitor pollutants (continuous emission monitoring systems and monitoring of HMIWI and air pollution control device operating parameters) and equipment calibration procedures (where applicable); (vii) Inspection and maintenance of the HMIWI, air pollution control devices, and continuous emission monitoring systems; (viii) Actions to correct malfunctions or conditions that may lead to malfunction; (ix) Bottom and fly ash characteristics and handling procedures; (x) Applicable Federal, State, and local regulations; (xi) Work safety procedures; (xii) Pre-startup inspections; and (xiii) Recordkeeping requirements. (2) An examination designed and administered by the instructor. (3) Reference material distributed to the attendees covering the course topics. (d) Qualification shall be obtained by: (1) Completion of a training course that satisfies the cr… | ||||
| 40:40:7.0.1.1.1.18.1.5 | 40 | Protection of Environment | I | C | 60 | PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES | Ec | Subpart Ec—Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators | § 60.54c Siting requirements. | EPA | (a) The owner or operator of an affected facility for which construction is commenced after September 15, 1997 shall prepare an analysis of the impacts of the affected facility. The analysis shall consider air pollution control alternatives that minimize, on a site-specific basis, to the maximum extent practicable, potential risks to public health or the environment. In considering such alternatives, the analysis may consider costs, energy impacts, non-air environmental impacts, or any other factors related to the practicability of the alternatives. (b) Analyses of facility impacts prepared to comply with State, local, or other Federal regulatory requirements may be used to satisfy the requirements of this section, as long as they include the consideration of air pollution control alternatives specified in paragraph (a) of this section. (c) The owner or operator of the affected facility shall complete and submit the siting requirements of this section as required under § 60.58c(a)(1)(iii). |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);