§76.10. Alternative emission limitations. — Inbound Citations

(2) Giving notice by publication in the Federal Register and in a newspaper of general circulation in the area where the source covered by the Acid Rain permit application is located or in a State publication designed to give general public notice. Notwithstanding the prior sentence, if a draft permit requires the affected units at a source to comply with § 72.9(c)(1) and to meet any applicable emission limitation for NOX under §§ 76.5, 76.6, 76.7, 76.8, or 76.11 of this chapter and does not include for any unit a compliance option under § 72.44, part 74 of this chapter, or § 76.10 of this chapter, the Administrator may, in his or her discretion, provide notice of the draft permit by Federal Register publication and may omit notice by newspaper or State publication.

(iii) Public notice of the issuance or denial of the draft Acid Rain permit and the opportunity to comment and request a public hearing shall be given by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice. Notwithstanding the prior sentence, if a draft permit requires the affected units at a source to comply with § 72.9(c)(1) and to meet any applicable emission limitation for NOX under §§ 76.5, 76.6, 76.7, 76.8, or 76.11 of this chapter and does not include for any unit a compliance option under § 72.44, part 74 of this chapter, or § 76.10 of this chapter, the State permitting authority may, in its discretion, provide notice by serving notice on persons entitled to receive a written notice and may omit notice by newspaper or State publication.

All terms used in this part shall have the meaning set forth in the Act, in § 72.2 of this chapter, and in this section as follows:

(a) Beginning January 1, 1996, or for a unit subject to section 404(d) of the Act, the date on which the unit is required to meet Acid Rain emission reduction requirements for SO2, the owner or operator of a Phase I coal-fired utility unit with a tangentially fired boiler or a dry bottom wall-fired boiler (other than units applying cell burner technology) shall not discharge, or allow to be discharged, emissions of NOX to the atmosphere in excess of the following limits, except as provided in paragraphs (c) or (e) of this section or in § 76.10, 76.11, or 76.12:

(1) 0.45 lb/mmBtu of heat input on an annual average basis for tangentially fired boilers.

(2) 0.50 lb/mmBtu of heat input on an annual average basis for dry bottom wall-fired boilers (other than units applying cell burner technology).

(a) Beginning January 1, 2000 or, for a unit subject to section 409(b) of the Act, the date on which the unit is required to meet Acid Rain emission reduction requirements for SO2, the owner or operator of a Group 2, coal-fired boiler with a cell burner boiler, cyclone boiler, a wet bottom boiler, or a vertically fired boiler shall not discharge, or allow to be discharged, emissions of NOX to the atmosphere in excess of the following limits, except as provided in §§ 76.10 or 76.11:

(1) 0.68 lb/mmBtu of heat input on an annual average basis for cell burner boilers. The NOX emission control technology on which the emission limitation is based is plug-in combustion controls or non-plug-in combustion controls. Except as provided in § 76.5(d), the owner or operator of a unit with a cell burner boiler that installs non-plug-in combustion controls shall comply with the emission limitation applicable to cell burner boilers.

(2) 0.86 lb/mmBtu of heat input on an annual average basis for cyclone boilers with a Maximum Continuous Steam Flow at 100% of Load of greater than 1060, in thousands of lb/hr. The NOX emission control technology on which the emission limitation is based is natural gas reburning or selective catalytic reduction.

(3) 0.84 lb/mmBtu of heat input on an annual average basis for wet bottom boilers, with a Maximum Continuous Steam Flow at 100% of Load of greater than 450, in thousands of lb/hr. The NOX emission control technology on which the emission limitation is based is natural gas reburning or selective catalytic reduction.

(4) 0.80 lb/mmBtu of heat input on an annual average basis for vertically fired boilers. The NOX emission control technology on which the emission limitation is based is combustion controls.

(a) Beginning January 1, 2000, the owner or operator of a Group 1, Phase II coal-fired utility unit with a tangentially fired boiler or a dry bottom wall-fired boiler shall not discharge, or allow to be discharged, emissions of NOX to the atmosphere in excess of the following limits, except as provided in §§ 76.8, 76.10, or 76.11:

(1) 0.40 lb/mmBtu of heat input on an annual average basis for tangentially fired boilers.

(2) 0.46 lb/ mmBtu of heat input on an annual average basis for dry bottom wall-fired boilers (other than units applying cell burner technology).

(4) The owner or operator of a Phase II unit approved for early election shall not submit an application for an alternative emissions limitation demonstration period under § 76.10 until the earlier of:

(i) January 1, 2008; or

(v) Certification by the designated representative that the owner(s) or operator installed technology that meets the requirements of § 76.10(a)(2).

(a) A petition for an alternative emission limitation demonstration period under § 76.10(d) shall include the following information:

(1) In accordance with § 76.10(d)(4), the following information:

(i) Documentation that the owner or operator solicited bids for a NOX emission control system designed for application to the specific boiler and designed to achieve the applicable emission limitation in § 76.5, 76.6, or 76.7 on an annual average basis. This documentation must include a copy of all bid specifications.

(ii) A copy of the performance guarantee submitted by the vendor of the installed NOX emission control system to the owner or operator showing that such system was designed to meet the applicable emission limitation in § 76.5, 76.6, or 76.7 on an annual average basis.

(iii) Documentation describing the operational and combustion conditions that are the basis of the performance guarantee.

(iv) Certification by the primary vendor of the NOX emission control system that such equipment and associated auxiliary equipment was properly installed according to the modifications and procedures specified by the vendor.

(v) Certification by the designated representative that the owner(s) or operator installed technology that meets the requirements of § 76.10(a)(2).

(2) In accordance with § 76.10(d)(9), the following information:

(i) The operating conditions of the NOX emission control system including load range, O2 range, coal volatile matter range, and, for tangentially fired boilers, distribution of combustion air within the NOX emission control system;

(ii) Certification by the designated representative that the owner(s) or operator have achieved and are following the operating conditions, boiler modifications, and upgrades that formed the basis for the system design and performance guarantee;

(iii) Any planned equipment modifications and upgrades for the purpose of achieving the maximum NOX reduction performance of the NOX emission control system that were not included in the design specifications and performance guarantee, but that were achieved prior to submission of this application and are being followed;

(iv) A list of any modifications or replacements of equipment that are to be done prior to the completion of the demonstration period for the purpose of reducing emissions of NOX; and

(v) The parametric testing that will be conducted to determine the reason or reasons for the failure of the unit to achieve the applicable emission limitation and to verify the proper operation of the installed NOX emission control system during the demonstration period. The tests shall include tests in § 76.15, which may be modified as follows:

(A) The owner or operator of the unit may add tests to those listed in § 76.15, if such additions provide data relevant to the failure of the installed NOX emission control system to meet the applicable emissions limitation in § 76.5, 76.6, or 76.7; or

(B) The owner or operator of the unit may remove tests listed in § 76.15 that are shown, to the satisfaction of the permitting authority, not to be relevant to NOX emissions from the affected unit; and

(C) In the event the performance guarantee or the NOX emission control system specifications require additional tests not listed in § 76.15, or specify operating conditions not verified by tests listed in § 76.15, the owner or operator of the unit shall include such additional tests.

(3) In accordance with § 76.10(d)(10), the following information for the operating period:

(i) The average NOX emission rate (in lb/mmBtu) of the specific unit;

(ii) The highest hourly NOX emission rate (in lb/mmBtu) of the specific unit;

(iii) Hourly NOX emission rate (in lb/mmBtu), calculated in accordance with part 75 of this chapter;

(iv) Total heat input (in mmBtu) for the unit for each hour of operation, calculated in accordance with the requirements of part 75 of this chapter; and

(1) In accordance with § 76.10(d)(4), the following information:

(i) Documentation that the owner or operator solicited bids for a NOX emission control system designed for application to the specific boiler and designed to achieve the applicable emission limitation in § 76.5, 76.6, or 76.7 on an annual average basis. This documentation must include a copy of all bid specifications.

(ii) A copy of the performance guarantee submitted by the vendor of the installed NOX emission control system to the owner or operator showing that such system was designed to meet the applicable emission limitation in § 76.5, 76.6, or 76.7 on an annual average basis.

(iii) Documentation describing the operational and combustion conditions that are the basis of the performance guarantee.

(iv) Certification by the primary vendor of the NOX emission control system that such equipment and associated auxiliary equipment was properly installed according to the modifications and procedures specified by the vendor.

(v) Certification by the designated representative that the owner(s) or operator installed technology that meets the requirements of § 76.10(a)(2).

(2) In accordance with § 76.10(d)(9), the following information:

(i) The operating conditions of the NOX emission control system including load range, O2 range, coal volatile matter range, and, for tangentially fired boilers, distribution of combustion air within the NOX emission control system;

(ii) Certification by the designated representative that the owner(s) or operator have achieved and are following the operating conditions, boiler modifications, and upgrades that formed the basis for the system design and performance guarantee;

(iii) Any planned equipment modifications and upgrades for the purpose of achieving the maximum NOX reduction performance of the NOX emission control system that were not included in the design specifications and performance guarantee, but that were achieved prior to submission of this application and are being followed;

(iv) A list of any modifications or replacements of equipment that are to be done prior to the completion of the demonstration period for the purpose of reducing emissions of NOX; and

(v) The parametric testing that will be conducted to determine the reason or reasons for the failure of the unit to achieve the applicable emission limitation and to verify the proper operation of the installed NOX emission control system during the demonstration period. The tests shall include tests in § 76.15, which may be modified as follows:

(A) The owner or operator of the unit may add tests to those listed in § 76.15, if such additions provide data relevant to the failure of the installed NOX emission control system to meet the applicable emissions limitation in § 76.5, 76.6, or 76.7; or

(B) The owner or operator of the unit may remove tests listed in § 76.15 that are shown, to the satisfaction of the permitting authority, not to be relevant to NOX emissions from the affected unit; and

(C) In the event the performance guarantee or the NOX emission control system specifications require additional tests not listed in § 76.15, or specify operating conditions not verified by tests listed in § 76.15, the owner or operator of the unit shall include such additional tests.

(3) In accordance with § 76.10(d)(10), the following information for the operating period:

(i) The average NOX emission rate (in lb/mmBtu) of the specific unit;

(ii) The highest hourly NOX emission rate (in lb/mmBtu) of the specific unit;

(iii) Hourly NOX emission rate (in lb/mmBtu), calculated in accordance with part 75 of this chapter;

(iv) Total heat input (in mmBtu) for the unit for each hour of operation, calculated in accordance with the requirements of part 75 of this chapter; and

(b) A petition for an alternative emission limitation shall include the following information in accordance with § 76.10(e)(6).

(1) Total heat input (in mmBtu) for the unit for each hour of operation, calculated in accordance with the requirements of part 75 of this chapter;

(2) Hourly NOX emission rate (in lb/mmBtu), calculated in accordance with the requirements of part 75 of this chapter; and

(a) The owner or operator may use the following tests as a basis for the report required by § 76.10(e)(7):

(1) Conduct an ultimate analysis of coal using ASTM D 3176-89 (incorporated by reference as specified in § 76.4);

(2) Conduct a proximate analysis of coal using ASTM D 3172-89 (incorporated by reference as specified in § 76.4); and

(3) Measure the coal mass flow rate to each individual burner using ASME Power Test Code 4.2 (1991), “Test Code for Coal Pulverizers” or ISO 9931 (1991), “Coal—Sampling of Pulverized Coal Conveyed by Gases in Direct Fired Coal Systems” (incorporated by reference as specified in § 76.4).