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Thursday,

July 6, 2006

Part III

Environmental
Protection Agency
40 CFR Part 60
Standards of Performance for Stationary
Combustion Turbines; Final Rule
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38482 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

ENVIRONMENTAL PROTECTION DATES: Effective date:The final rule is through Friday, excluding legal
AGENCY effective July 6, 2006. The incorporation holidays. The telephone number for the
by reference of certain publications in Public Reading Room is (202) 566–1744,
40 CFR Part 60 the final rule is approved by the and the telephone number for the Air
[EPA–HQ–OAR–2004–0490, FRL–8033–4] Director of the Office of the Federal and Radiation Docket Center is (202)
Register as of July 6, 2006. 566–1742.
RIN 2060–AM79 ADDRESSES: Docket: EPA has established FOR FURTHER INFORMATION CONTACT: Mr.
a docket for this action under Docket ID Christian Fellner, Combustion Group,
Standards of Performance for
No. EPA–HQ–OAR–2004–0490. All Emission Standards Division (C439–01),
Stationary Combustion Turbines
documents in the docket are listed U.S. EPA, Research Triangle Park, North
AGENCY: Environmental Protection electronically on www.regulations.gov. Carolina 27711; telephone number (919)
Agency (EPA). Although listed in the index, some 541–4003; facsimile number (919) 541–
ACTION: Final rule. information is not publicly available, 5450; e-mail address
e.g., CBI or other information whose fellner.christian@epa.gov.
SUMMARY: This action promulgates disclosure is restricted by statute.
standards of performance for new Certain other material, such as SUPPLEMENTARY INFORMATION:
stationary combustion turbines in 40 copyrighted material, is not placed on Regulated Entities. Categories and
CFR part 60, subpart KKKK. The the Internet and will be publicly entities potentially regulated by this
standards reflect changes in nitrogen available only in hard copy form. action are those that own and operate
oxides (NOX) emission control Publicly available docket materials are stationary combustion turbines with a
technologies and turbine design since available either electronically through heat input at peak load equal to or
standards for these units were originally www.regulations.gov or in hard copy at greater than 10.7 gigajoules (GJ) (10
promulgated in 40 CFR part 60, subpart the Air and Radiation Docket, Docket ID million British thermal units (MMBtu))
GG. The NOX and sulfur dioxide (SO2) No. EPA–HQ–OAR–2004–0490, EPA/ per hour that commenced construction,
standards have been established at a DC, EPA West, Room B102, 1301 modification, or reconstruction after
level which brings the emissions limits Constitution Ave., NW., Washington, February 18, 2005. Regulated categories
up to date with the performance of DC. The Public Reading Room is open and entities include, but are not limited
current combustion turbines. from 8:30 a.m. to 4:30 p.m., Monday to:

Category NAICS SIC Examples of regulated entities

Any industry using a new stationary combustion turbine as defined in the 2211 4911 Electric services.
final rule
486210 4922 Natural gas transmission.
211111 1311 Crude petroleum and natural gas.
211112 1321 Natural gas liquids.
221 4931 Electric and other services, combined.

Worldwide Web (WWW). In addition or criminal proceedings brought by EPA section, and the Director of the Air and
to being available in the docket, an to enforce these requirements. Radiation Law Office, Office of General
electronic copy of the final rule is Section 307(d)(7)(B) of the CAA Counsel (Mail Code 2344A), U.S. EPA,
available on the WWW through the further provides that ‘‘only an objection 1200 Pennsylvania Ave., NW.,
Technology Transfer Network Website to a rule or procedure which was raised Washington, DC 20004.
(TTN Web). Following signature, EPA Organization of This Document. The
with reasonable specificity during the
will post a copy of the final rule on the following outline is provided to aid in
period for public comment (including
TTN’s policy and guidance page for locating information in this preamble.
any public hearing) may be raised
newly proposed or promulgated rules at during judicial review.’’ This section I. Background
http://www.epa.gov/ttn/oarpg. The TTN also provides a mechanism for EPA to II. Summary of the Final Rule
A. Does the final rule apply to me?
provides information and technology convene a proceeding for B. What pollutants are regulated?
exchange in various areas of air reconsideration, ‘‘if the person raising C. What is the affected source?
pollution control. an objection can demonstrate to EPA D. What emission limits must I meet?
Judicial Review. Under section that it was impracticable to raise such E. If I modify or reconstruct my existing
objection within [the period for public turbine, does the final rule apply to me?
307(b)(1) of the Clean Air Act (CAA), F. How do I demonstrate compliance?
judicial review of the final rule is comment] or if the grounds for such
objection arose after the period for G. What monitoring requirements must I
available only by filing a petition for meet?
public comment (but within the time
review in the U.S. Court of Appeals for H. What reports must I submit?
specified for judicial review) and if such III. Summary of Significant Changes Since
the District of Columbia by September 5,
objection is of central relevance to the Proposal
2006. Under section 307(d)(7)(B) of the
outcome of the rule.’’ Any person A. Applicability
CAA, only an objection to the final rule
seeking to make such a demonstration to B. Emission Limitations
that was raised with reasonable EPA should submit a Petition for C. Testing and Monitoring Procedures
specificity during the period for public Reconsideration to the Office of the D. Reporting
comment can be raised during judicial E. Other
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Administrator, U.S. EPA, Room 3000,


review. Moreover, under section IV. Summary of Responses to Major
Ariel Rios Building, 1200 Pennsylvania Comments
307(b)(2) of the CAA, the requirements Ave., NW., Washington, DC 20460, with A. Applicability
established by today’s final action may a copy to both the person(s) listed in the B. NOX Emission Standards
not be challenged separately in any civil FOR FURTHER INFORMATION CONTACT C. Definitions

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Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations 38483

V. Environmental and Economic Impacts owners and operators the flexibility to C. What is the affected source?
A. What are the air impacts? meet their emission limit targets by
B. What are the energy impacts? The affected source for the stationary
increasing the efficiency of their combustion turbine NSPS is each
C. What are the economic impacts?
VI. Statutory and Executive Order Reviews
turbines. stationary combustion turbine with a
A. Executive Order 12866: Regulatory II. Summary of the Final Rule heat input at peak load equal to or
Planning and Review greater than 10.7 GJ (10 MMBtu) per
B. Paperwork Reduction Act A. Does the final rule apply to me? hour that commences construction,
C. Regulatory Flexibility Act modification, or reconstruction after
D. Unfunded Mandates Reform Act Today’s final rule applies to
E. Executive Order 13132: Federalism February 18, 2005. Integrated
stationary combustion turbines with a
F. Executive Order 13175: Consultation gasification combined cycle (IGCC)
heat input at peak load equal to or
and Coordination with Indian Tribal combustion turbine facilities covered by
greater than 10.7 GJ (10 MMBtu) per
Governments subpart Da of 40 CFR part 60 (the Utility
hour that commence construction,
G. Executive Order 13045: Protection of Boiler NSPS) are exempt from the
Children from Environmental Health and modification, or reconstruction after
requirements of the final rule.
Safety Risks February 18, 2005. A stationary
Combustion turbine test cells/stands are
H. Executive Order 13211: Actions that combustion turbine is defined as all also exempt from the requirements of
Significantly Affect Energy Supply, equipment, including but not limited to the final rule.
Distribution, or Use the combustion turbine, the fuel, air,
I. National Technology Transfer and lubrication and exhaust gas systems, D. What emission limits must I meet?
Advancement Act
control systems (except emissions The standards for NOX in the final
J. Congressional Review Act
control equipment), heat recovery rule allow the turbine owner or operator
I. Background system, and any ancillary components the choice of a concentration-based or
This action promulgates new source and sub-components comprising any output-based emission standard. The
performance standards (NSPS) that simple cycle stationary combustion concentration-based limit is in units of
apply to stationary combustion turbines turbine, any regenerative/recuperative parts per million by volume (ppmv) at
with a heat input at peak load equal to cycle stationary combustion turbine, 15 percent oxygen. The output-based
or greater than 10.7 GJ (10 MMBtu) per any combined cycle combustion emission limit is in units of emissions
hour, based on the higher heating value turbine, and any combined heat and mass per unit useful recovered energy,
(HHV) of the fuel, that commence power combustion turbine based nanograms per Joule (ng/J) or pounds
construction, modification, or system. Stationary means that the per megawatt-hour (lb/MWh). The NOX
reconstruction after February 18, 2005. combustion turbine is not self-propelled limits, which are presented in table 1 of
The NSPS are being promulgated or intended to be propelled while this preamble, differ based on the fuel
pursuant to section 111 of the CAA, performing its function. It may, input at peak load, fuel, application,
which requires EPA to promulgate and however, be mounted on a vehicle for and location of the turbine. The fuel
periodically revise the NSPS, taking into portability. The applicability of the final input of the turbine does not include
consideration available control rule is similar to that of 40 CFR part 60, any supplemental fuel input to the heat
technologies and the costs of control. subpart GG, except that the final rule recovery system and refers to the rating
EPA promulgated the original NSPS for applies to new, modified, and of the combustion turbine itself. The 50
stationary gas turbines in 1979 (44 FR reconstructed stationary combustion MMBtu/h category peak heat input is
52798). Since promulgation of the NSPS turbines, and their associated heat based on the fuel input to a 23 percent
for stationary gas turbines, many recovery steam generators (HRSG) and efficient 3.5 megawatt (MW) combustion
advances in the design and control of duct burners. The stationary combustion turbine. The 850 MMBtu/h category
emissions from stationary combustion turbines subject to subpart KKKK, 40 peak heat input is based on the fuel
turbines have occurred. Nitrogen oxides CFR part 60, are exempt from the input to a 44 percent efficient 110 MW
and SO2 are known to cause adverse requirements of 40 CFR part 60, subpart combustion turbine. The 30 MW
health and environmental effects. The GG. Heat recovery steam generators and category for turbines located north of
final rule represents reductions in the duct burners subject to subpart KKKK the Arctic Circle, turbines operating at
NOX and SO2 limits of over 80 and 90 are exempt from the requirements of 40 less than 75 percent of peak load,
percent, respectively. Today’s action CFR part 60, subparts Da, Db, and Dc. modified and reconstructed offshore
allows turbine owners and operators to B. What pollutants are regulated? turbines, and turbines operating at
meet either concentration-based or temperatures less than 0°F is based on
output-based standards. The output- The pollutants that are regulated by the categories in the original NSPS for
based standards in the final rule allow the final rule are NOX and SO2. combustion turbines, subpart GG.

TABLE 1.—NOX EMISSION STANDARDS


Combustion turbine heat input at peak load
Combustion turbine type NOX emission standard
(HHV)

New turbine firing natural gas, electric gener- ≤ 50 million British thermal units per 42 ppm at 15 percent oxygen (O2) or 290 ng/
ating. hour(MMBtu/h). J of useful output (2.3 lb/MWh).
New turbine firing natural gas, mechanical drive ≤ 50 MMBtu/h .................................................. 100 ppm at 15 percent O2 or 690 ng/J of use-
ful output (5.5 lb/MWh).
New turbine firing natural gas ............................ > 50 MMBtu/h and ≤850 MMBtu/h .................. 25 ppm at 15 percent O2 or 150 ng/J of useful
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output (1.2 lb/MWh).


New, modified, or reconstructed turbine firing > 850 MMBtu/h ................................................ 15 ppm at 15 percent O2 or 54 ng/J of useful
natural gas. output (0.43 lb/MWh).
New turbine firing fuels other than natural gas, ≤ 50 MMBtu/h .................................................. 96 ppm at 15 percent O2 or 700 ng/J of useful
electric generating. output (5.5 lb/MWh).

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38484 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

TABLE 1.—NOX EMISSION STANDARDS—Continued


Combustion turbine heat input at peak load
Combustion turbine type NOX emission standard
(HHV)

New turbine firing fuels other than natural gas, ≤ 50 MMBtu/h .................................................. 150 ppm at 15 percent O2 or 1,100 ng/J of
mechanical drive. useful output (8.7 lb/MWh).
New turbine firing fuels other than natural gas .. > 50 MMBtu/h and ≤ 850 MMBtu/h ................. 74 ppm at 15 percent O2 or 460 ng/J of useful
output (3.6 lb/MWh).
New, modified, or reconstructed turbine firing > 850 MMBtu/h ................................................ 42 ppm at 15 percent O2 or 160 ng/J of useful
fuels other than natural gas. output (1.3 lb/MWh).
Modified or reconstructed turbine ....................... ≤ 50 MMBtu/h .................................................. 150 ppm at 15 percent O2 or 1,100 ng/J of
useful output (8.7 lb/MWh).
Modified or reconstructed turbine firing natural > 50 MMBtu/h and ≤ 850 MMBtu/h ................. 42 ppm at 15 percent O2 or 250 ng/J of useful
gas. output (2.0 lb/MWh).
Modified or reconstructed turbine firing fuels > 50 MMBtu/h and ≤ 850 MMBtu/h ................. 96 ppm at 15 percent O2 or 590 ng/J of useful
other than natural gas. output (4.7 lb/MWh).
Turbines located north of the Arctic Circle (lati- ≤ 30 megawatt (MW) output ............................ 150 ppm at 15 percent O2 or 1,100 ng/J of
tude 66.5 degrees north), turbines operating useful output (8.7 lb/MWh).
at less than 75 percent of peak load, modi-
fied and reconstructed offshore turbines, and
turbines operating at temperatures less than
0 °F.
Turbines located north of the Arctic Circle (lati- > 30 MW output ............................................... 96 ppm at 15 percent O2 or 590 ng/J of useful
tude 66.5 degrees north), turbines operating output (4.7 lb/MWh).
at less than 75 percent of peak load, modi-
fied and reconstructed offshore turbines, and
turbines operating at temperatures less than
0 °F.
Heat recovery units operating independent of All sizes ............................................................ 54 ppm at 15 percent O2 or 110 ng/J of useful
the combustion turbine. output (0.86 lb/MWh).

We have determined that it is MWh) gross energy output for turbines not required to perform annual stack
appropriate to exempt emergency located in noncontinental areas. You testing to demonstrate compliance. If
combustion turbines from the NOX can choose to comply with the SO2 limit you are not using water or steam
limit. We have defined these units as itself or with a limit on the sulfur injection, you must conduct
turbines that operate in emergency content of the fuel. The fuel sulfur performance tests annually following
situations. For example, turbines used content limit is 26 ng SO2/J (0.060 lb the initial performance test in order to
to supply electric power when the local SO2/MMBtu) heat input for turbines demonstrate compliance. Alternatively,
utility service is interrupted are located in continental areas and 180 ng you may choose to demonstrate
considered to fall under this definition. SO2/J (0.42 lb SO2/MMBtu) heat input continuous compliance with the use of
Stationary combustion turbine test cells/ in noncontinental areas. This is a continuous emission monitoring
stands are also exempt from the final approximately equivalent to 0.05 system (CEMS) or parametric
rule. Combustion turbines used by percent by weight (500 parts per million monitoring; if you choose this option,
manufacturers in research and by weight (ppmw)) fuel oil and 0.4 you are not required to conduct
development of equipment for both percent by weight (4,000 ppmw) fuel oil subsequent annual performance tests.
combustion turbine emissions control respectively. If you are using a NOX CEMS, the
techniques and combustion turbine initial performance test required under
E. If I modify or reconstruct my existing
efficiency improvements are exempt 40 CFR 60.8 may, alternatively, coincide
turbine, does the final rule apply to me?
from the NOX limits on a case-by-case with the relative accuracy test audit
basis. Given the small number of The final rule applies to stationary (RATA). If you choose this as your
turbines that are expected to fall under combustion turbines that are modified initial performance test, you must
this category and since there is not one or reconstructed after February 18, 2005. perform a minimum of nine reference
definition that can provide an all- The methods for determining whether a method runs, with a minimum time per
inclusive description of the type of source is modified or reconstructed are run of 21 minutes, at a single load level,
research and development work that provided in 40 CFR 60.14 and 40 CFR within 75 percent of peak (or the highest
qualifies for the exemption from the 60.15, respectively. A turbine that is achievable) load. You must use the test
NOX limit, we have decided that it is overhauled as part of a maintenance data both to demonstrate compliance
appropriate to make these exemption program is not considered a with the applicable NOX emission limit
determinations on a case-by-case basis modification if there is no increase in and to provide the required reference
only. emissions. method data for the RATA of the CEMS.
The emission standard for SO2 is the
same for all turbines regardless of size F. How do I demonstrate compliance? G. What monitoring requirements must
and fuel type. You may not cause to be In order to demonstrate compliance I meet?
discharged into the atmosphere from the with the NOX limit, an initial If you are using water or steam
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subject stationary combustion turbine performance test is required. If you are injection to control NOX emissions, you
any gases which contain SO2 in excess using water or steam injection, you must must install and operate a continuous
of 110 ng/J (0.90 lb/MWh) gross energy continuously monitor your water or monitoring system to monitor and
output for turbines that are located in steam to fuel ratio in order to record the fuel consumption and the
continental areas, and 780 ng/J (6.2 lb/ demonstrate compliance and you are ratio of water or steam to fuel being

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fired in the turbine. Alternatively, you choose not to comply with the SO2 stack you must submit reports of excess
could use a CEMS consisting of NOX limit, you must monitor the total sulfur emissions and monitor downtime, in
and O2 or carbon dioxide (CO2) content of the fuel being fired in the accordance with 40 CFR 60.7(c). For
monitors. During each full unit turbine. There are several options for simple cycle turbines, excess emissions
operating hour, each monitor must determining the frequency of fuel must be reported for all 4-hour rolling
complete a minimum of one cycle of sampling, consistent with appendix D to average periods of unit operation,
operation for each 15-minute quadrant part 75 of this chapter for fuel oil; the including start-up, shutdown, and
of the hour. For partial unit operating sulfur content must be determined and malfunctions where emissions exceed
hours, at least one valid data point must recorded once per unit operating day for the allowable emission limit or where
be obtained for each quadrant of the gaseous fuel, unless a custom fuel one or more of the monitored process or
hour in which the unit operates. sampling schedule is used. control parameters exceeds the
If you operate any new turbine which Alternatively, you could elect not to acceptable range as determined in the
does not use water or steam injection to monitor the total potential sulfur monitoring plan. Combined cycle and
control NOX emissions, you must emissions of the fuel combusted in the combined heat and power units use a
perform annual stack testing to turbine, if you demonstrate that the fuel 30-day rolling average to determine
demonstrate continuous compliance does not exceed 26 ng SO2/J (0.060 lb excess emissions.
with the NOX limit. Alternatively, you SO2/MMBtu) heat input for turbines For each affected unit for which you
could elect either to use a NOX CEMS located in continental areas and 180 ng perform an annual performance test,
or perform continuous parameter SO2/J (0.42 lb SO2/MMBtu) heat input you must submit an annual written
monitoring as follows: in noncontinental areas. This report of the results of each performance
(1) For a diffusion flame turbine demonstration may be performed by test.
without add-on selective catalytic using the fuel quality characteristics in
reduction (SCR) controls, you must a current, valid purchase contract, tariff III. Summary of Significant Changes
define appropriate parameters sheet, or transportation contract, or Since Proposal
indicative of the unit’s NOX formation through representative fuel sampling A. Applicability
characteristics, and you must monitor data which show that the potential
these parameters continuously; sulfur emissions of the fuel does not The proposed rule applied to owners
(2) For any lean premix stationary exceed the standard. Turbines located in and operators of stationary combustion
combustion turbine, you must continental areas can demonstrate turbines with a peak power output at
continuously monitor the appropriate compliance by burning fuel oil peak load equal to or greater than 1 MW.
parameters to determine whether the containing 500 parts per million (ppm) The final rule applies to stationary
unit is operating in the low NOX or less sulfur or natural gas containing combustion turbines with a heat input
combustion mode; 20 grains or less of sulfur per 100 at peak load equal to or greater than 10.7
(3) For any turbine that uses SCR to standard cubic feet. Turbines located in GJ (10 MMBtu) per hour, based on the
reduce NOX emissions, you must noncontinental areas can demonstrate HHV of the fuel. Assuming an efficiency
continuously monitor appropriate compliance by burning fuel oil of 23 percent, the final rule applies to
parameters to verify the proper containing 0.4 weight percent (4,000 stationary combustion turbines with a
operation of the emission controls; and ppm) sulfur or less or natural gas peak output greater than 0.7 MW.
(4) For affected units that are also containing 140 grains or less of sulfur Another change from the proposed rule
regulated under part 75 of this chapter, per 100 standard cubic feet. is the addition of an exemption for
with state approval you can monitor the If you are required to periodically stationary combustion turbine test cells/
NOX emission rate using the determine the sulfur content of the fuel stands.
methodology in appendix E to part 75 combusted in the turbine, a fuel sample B. Emission Limitations
of this chapter, or the low mass must be collected during the
emissions methodology in 40 CFR performance test. For liquid fuels, the The proposed rule established four
75.19, the monitoring requirements of sample for the total sulfur content of the subcategories of turbines based on fuel
the turbine NSPS may be met by fuel must be analyzed using American type and turbine size, and different NOX
performing the parametric monitoring Society of Testing and Materials emission standards were proposed for
described in section 2.3 of appendix E (ASTM) methods D129–00 (Reapproved each subcategory. The proposed
of part 75 of this chapter or in 40 CFR 2005), D1266–98 (Reapproved 2003), subcategories were the following: Less
75.19(c)(1)(iv)(H). D1552–03, D2622–05, D4294–03, or than 30 MW and firing natural gas;
Alternatively, you can petition the D5453–05. For gaseous fuels, ASTM greater than or equal to 30 MW and
Administrator for other acceptable D1072–90 (Reapproved 1999); D3246– firing natural gas; less than 30 MW and
methods of monitoring your emissions. 05; D4468–85 (Reapproved 2000); or firing oil or other fuel; and greater than
If you choose to use a CEMS or perform D6667–04 must be used to analyze the or equal to 30 MW and firing oil or other
parameter monitoring to demonstrate total sulfur content of the fuel. fuel. The final rule has 14 subcategories,
continuous compliance, annual stack The applicable ranges of some ASTM which are listed in table 1 of this
testing is not required. methods mentioned above are not preamble. Instead of the proposed size
If you choose to monitor combustion adequate to measure the levels of sulfur break at 30 MW, the final rule breaks the
parameters or parameters indicative of in some fuel gases. Dilution of samples turbines into subcategories of less than
proper operation of NOX emission before analysis (with verification of the or equal to 50 MMBtu/h of heat input,
controls, the appropriate parameters dilution ratio) may be used, subject to greater than 50 MMBtu/h heat input to
must be continuously monitored and the approval of the Administrator. less than or equal to 850 MMBtu/h heat
recorded during each run of the initial input, and greater than 850 MMBtu/h
H. What reports must I submit?
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performance test to establish acceptable heat input. Subcategories have been


operating ranges. For each affected unit for which you included for modified and reconstructed
If you operate any stationary continuously monitor parameters or turbines, heat recovery units operating
combustion turbine subject to the emissions, or periodically determine the independent of the combustion turbine,
provisions of the final rule, and you fuel sulfur content under the final rule, turbines located north of the Arctic

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38486 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

Circle, and turbines operating at part the turbine, annual performance tests A. Applicability
load. EPA concluded that subcategories must be resumed. Comment: Several commenters
based on heat input at peak load rather The sulfur sampling requirements in suggested changing the minimum size
than power output are more the final rule also contain some threshold for applicability of the rule, as
appropriate. The boiler NSPS standards differences from the proposed proposed. Some suggested 3 MW, while
are subcategorized by heat input, and requirements. Acceptable custom others suggested 3.5 MW. Reasons
heat input is a better indication than schedules for determining the total included the fact that lean premix
power output of available combustion sulfur content of gaseous fuels were technology is not available for turbines
controls. Basing categories on heat input added in the final rule. We removed the less than 3 MW, other control options
also eliminates the disincentive of statement that was in the proposed rule are not feasible, no commercially
turbine redesign that increases that required at least one fuel sample to available small units were identified
efficiency and output, but not fuel be collected during each load condition, that can achieve the proposed emission
consumption. since we are no longer requiring levels, and no emission test data were
The proposed standards for NOX were
performance tests to be conducted at provided in the docket for small units.
output-based limits in units of
multiple loads. Another reason given was that there
emissions mass per unit useful
Finally, the proposed rule required was some ambiguity because of the
recovered energy, ng/J or lb/MWh. This
that diffusion flame turbines without differing minimum size criteria between
format has been retained in the final
SCR controls continuously monitor at the rule, as proposed, and 40 CFR part
rule; however, an optional
least four parameters indicative of the 60, subpart GG. Two commenters
concentration-based standard in units of
unit’s NOX formation characteristics; the suggested that EPA clarify that subpart
ppmv at 15 percent O2 has also been
final rule does not specify a minimum KKKK, 40 CFR part 60, is the effective
included for each subcategory.
The proposed SO2 emission limits number of parameters that must be NSPS, and that 40 CFR part 60, subpart
were raised slightly in the final rule, continuously monitored by these units. GG, no longer applies for all new,
and an additional subcategory was reconstructed, or modified stationary
D. Reporting combustion turbines. The commenters
created. Different emission limits were
provided for turbines located in said that it is not clear if 40 CFR part
The reporting requirements in the
noncontinental areas; those turbines 60, subpart GG, will no longer apply
final rule contain two differences from
have an SO2 emission limit of 780 ng/ after the effective date of the final rule.
the proposed reporting requirements.
J (6.2 lb/MWh). The other difference Since the minimum size criterion was
The proposed 40 CFR 60.4395 said that
from the proposed rule is that turbines slightly different in the two subparts,
reports should be postmarked by the
located in Alaska do not have to meet the commenters requested clarification
30th day following the end of each
the SO2 emission limits until January 1, of this issue to avoid future confusion.
calendar quarter. The proposed rule
2008. The commenters requested that EPA
actually required semiannual reports,
clarify that 40 CFR part 60, subpart GG,
C. Testing and Monitoring Procedures therefore, that section should have read
no longer applies after the effective date
that the reports should be postmarked
The final rule contains several of the final rule.
by the end of each 6-month period, and Response: This comment addresses
differences from the proposed testing
the final rule has been written to correct the minimum size threshold for the final
and monitoring procedures. The
this error. Also, we specified that rule. In 40 CFR 60.4305 of the rule, as
performance test for NOX is not required
turbines that are conducting annual proposed, the applicability criteria
to be conducted at four load levels; in
performance testing should submit stated that the applicable units are
the final rule the test must be conducted
annual reports with the results of the turbines with a peak load power output
at one load level that is within plus or
performance testing. equal to or greater than 1 MW. This
minus 25 percent of 100 percent of peak
load. Testing may be performed at the E. Other minimum size threshold is marginally
highest achievable load point, if at least higher than the minimum threshold in
75 percent of peak load cannot be Several modifications were made to 40 CFR part 60, subpart GG, which
achieved in practice. We added a the definitions in the proposed rule. The affects turbines with a minimum heat
requirement that the ambient definition of efficiency was clarified to input at peak load of 10.7 GJ per hour
temperature be greater than 0 °F when indicate that it is based on the HHV of or larger based on the lower heating
the test is conducted. Similarly, we the fuel. The definitions for lean premix value of the fuel (approximately 10
specified in the final rule that turbine stationary combustion turbine and MMBtu/h). With a lower heating value
owners and operators that are diffusion flame stationary combustion (LHV) thermal efficiency of 23 to 25
continuously monitoring parameters or turbine were modified to alleviate any percent, which is typical at full load for
emissions have an alternate limit during potential ambiguity about which older small industrial turbines, this
periods when the turbine operates at definition a turbine would fall under. firing rate is equivalent to 0.7 MW.
less than 75 percent of peak load or the Lastly, the definition of natural gas was While the difference between the 40
ambient temperature is less than 0 °F. revised to remove references to pipeline CFR part 60, subpart GG, and the
A provision was added that allows natural gas. proposed 40 CFR part 60, subpart
owners and operators of stationary IV. Summary of Responses to Major KKKK, applicability thresholds was
combustion turbines to reduce the Comments initially believed to be minor, the
frequency of subsequent NOX natural gas industry representatives
performance tests to once every 2 years A more detailed summary of pointed out that there is a class of
if the NOX emission result from the comments and our responses can be turbines used in natural gas
jlentini on PROD1PC65 with RULES2

performance test is less than or equal to found in the Response to Public transmission that fall within this range.
75 percent of the NOX emission limit for Comments on Proposed Standards of Solar Saturn units, which are widely
the turbine. If the results of any Performance for Stationary Combustion used in the gas transmission industry,
subsequent performance test exceed 75 Turbines document, which can be include a peak load between 0.7 and 1.0
percent of the NOX emission limit for obtained from the docket. MW. While the industry has said that

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not many new units are sold in this subpart KKKK, giving them separate that these new emission limitations
range, there are many already in limits under subpart KKKK, or making address the concerns of the commenters.
existence, which may be modified or them subject to 40 CFR part 60, subpart Modified and reconstructed offshore
reconstructed, which would need to be GG. One commenter recommended that turbines have been given a subcategory
addressed by one of the rules. Therefore, units manufactured through 1985 (20 due to the lack of space on platforms for
the final rule has been written to years and older) be exempted from the additional controls.
include the minimum size applicability requirements of the proposed NSPS, and The subcategories for these turbines
threshold of 10.7 GJ per hour. the previous NSPS levels should apply. are based on power output instead of
While we do not agree that the size Response: We acknowledge the heat input at peak load. Since the
cutoff should be established to exempt commenters’ views, and in the final rule standards for these subcategories are
turbines less than 3.5 MW, EPA has there are new subcategories for some similar to 40 CFR part 60, subpart GG,
concluded that it is appropriate to create modified and reconstructed units. While EPA used the same categories as subpart
a new subcategory. Discussions with we provided more flexibility in the final GG to avoid being less stringent than the
turbine manufacturers suggest that a rule for small and medium sized existing emissions standards.
subcategory for small turbines, between turbines (ranging from the applicability Comment: Several commenters had
the minimum size threshold for the final threshold to 850 MMBtu/h), we had no issues with periods of startup,
rule and 50 MMBtu/h (HHV), should be information on large turbines (greater shutdown and malfunction. Some
created. This division is based on the than 850 MMBtu/h) which would commenters believed that the averaging
fuel input to a 23 percent efficient 3.5 suggest any compliance issues for times that are specified for continuous
MW turbine. The only turbine modified or reconstructed units. monitoring (using either a CEMS or
identifiable in this size range that can be Therefore, no subcategory was added for parametric monitoring) were too short to
used for mechanical drive applications large (greater than 850 MMBtu/h) accommodate such periods. The
is a Solar Saturn, and Solar Turbines modified or reconstructed units. commenters believed that exceptions
does not plan to further develop dry low Comment: Several commenters should be developed for periods of
NOX technology on the Saturn line, nor suggested that EPA include an startup, shutdown and maintenance if 4-
does it have that capability at the exemption for offshore turbines, hour averages were maintained. One
current time. According to the gas turbines located north of the Arctic commenter suggested 30-day rolling
transmission industry representatives, Circle, and turbines in other existing averages, one commenter suggested 24-
there are about 300 turbines in this remote locations. Alternatively, the hour rolling averages, and one
small size range, comprising over 25 commenters suggested subcategorizing commenter suggested 12-month rolling
percent of the existing turbines in gas them separately. The commenters said averages.
transmission. None of these units that due to a harsh environment and One commenter wanted clarification
include lean premixed combustion. fuel availability and variability, these of the applicability of the NOX
Other add-on controls have not been turbines are commonly diffusion flame, standards during periods of startup,
applied to the variable load operating and land-based emissions abatement shutdown and malfunction. Two
profile characteristic of gas transmission techniques are unsuitable; space commenters pointed out that while
equipment, nor would such add-on limitations are also a concern. One these periods of excess emissions were
controls be economically feasible for commenter said that the rule, as not considered violations, they might
these small units with minimal proposed, would preclude the use of appear to be to State regulatory agencies
emissions. Therefore, the final rule has new, modified or reconstructed turbines or the public. Another commenter
incorporated a new subcategory of small located in electric utility service in requested that EPA allow sources to
turbines, ranging from the applicability Alaska, because of the additional costs permit emissions associated with
limit to 50 MMBtu/h. associated with meeting the proposed startup and shutdown events where it is
Comment: Several commenters limits. not feasible to have the same emission
suggested that modified and Response: EPA has concluded that a profile as normal operating conditions.
reconstructed units should be treated subcategory should be created for This commenter requested that a
differently than new units. Reasons modified and reconstructed offshore clarification be made that deviating
provided by the commenters included turbines and turbines installed north of from a monitored parameter only results
costs for retrofitting being excessive, the Arctic Circle to recognize their in excess emissions if emissions
and weight and space needs being distinct differences. There is a calculated from that parameter result in
prohibitive. One commenter stated that substantial difference in temperature exceeding an emission limit for the
there are many existing turbines that between the North Slope of Alaska and averaging period used to demonstrate
could be affected by the modification even the coldest areas in the lower 48 compliance.
section of the rule for which there is no States. As noted by the commenters, One commenter was particularly
cost effective technology that achieves turbine operators on the North Slope of concerned about combined cycle units
emissions lower than those suggested by Alaska have experienced problems with with longer startup periods as part of a
the commenter. One commenter stated operation of the turbines in lean premix normal startup cycle. The commenter
that the terms ‘‘modification’’ and mode, and turbine manufacturers do not felt that this should not constitute a
‘‘reconstruction’’ were not clearly guarantee the performance of their malfunction, and should not be reported
defined, and that requiring these units turbines at the ambient temperatures in an excess emissions report. Another
to meet the same limits as new units typically found north of the Arctic commenter asked that a reasonable
may discourage existing turbine users Circle. Therefore, a subcategory for startup period (up to 24 hours) be
from modifying units to improve turbines operated north of the Arctic provided for units with SCR, since
efficiency or lower emissions, if such Circle has been established. minimum temperatures must be met.
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modifications do not ensure compliance With regards to the rest of Alaska, Response: The final rule states that
with the limit for new units. EPA concluded that the final rule excess emissions and deviations must
Options recommended by the includes limits which will reduce or be recorded during periods of startup,
commenters included removing them eliminate the need for add-on controls shutdown, and malfunction. We
from the applicability of 40 CFR part 60, for the vast majority of turbines, and recognize that even for well-operated

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38488 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

units with efficient NOX emission B. NOX Emission Standards obtain. Alternatively, these commenters
controls, excess emission ‘‘spikes’’ Comment: Numerous commenters felt that modifications should be made
during unit startup and shutdown are recommended that there be some type of to include provisions in equation 4 of 40
inevitable, and malfunctions of concentration-based standards for NOX. CFR 60.4350(f)(3) for waste heat
emission controls and process One commenter said that while it recovery when it is installed.
equipment occasionally occur. One commenter believed that limits
applauds EPA’s proposed shift to
However, at all times, including periods should be specified on a concentration
output-based standards, they might not
of startup, shutdown, and malfunction, basis rather than on an output basis
be applicable in all situations. The
40 CFR 60.11(d) requires affected units because some data show that lower
commenter said that it is unclear how
to be operated in a manner consistent concentrations can be attained at lower
the calculation would work for a turbine
loads, yet, due to decreased efficiencies
with good air pollution control practice with a bypass stack or another situation
at lower loads, these emissions would
for minimizing emissions. Excess where heat is wasted. In addition, the
exceed limitations on an output basis.
emissions data may be used to commenter believed that an increased One commenter recommended a NOX
determine whether a facility’s operation level of effort for monitoring parameters standard in ppm rather than an output-
and maintenance procedures are is required, which creates financial and based standard for alternative fuels. The
consistent with 40 CFR 60.11(d). While technical burdens for compliance. The commenter said that in many cases,
continuous compliance is not required, commenter recommended that EPA there is no demand for steam or thermal
excess emissions during startup, provide an optional concentration-based energy at or near landfills, so combined
shutdown, and malfunction must be standard that can be used where data for heat and power projects are
reported. Thus, we retained the 4-hour calculating an output-based standard are unwarranted.
rolling average period in the final rule unavailable or inappropriate. Response: We have considered the
for simple cycle units. We realize that One commenter recommended a commenters’ concerns, and have
including units with heat recovery ppmv standard consistent with current included an alternative concentration-
under the combustion turbine NSPS regulations, or a separate standard for based limit in the final rule for all
adds additional compliance issues for simple cycle and combined cycle units. turbines. Some units have difficulty
those units. Boiler NOX emissions vary The commenter cited some of the with determining their power output,
following as rationale for its suggestion: and adding a concentration-based
over short time periods and short
Many State implementation plan emission limit significantly simplifies
averaging times make the output-based
regulations and best available control the regulation.
options unworkable due to the difficulty
technology analyses are in ppmv, and Comment: Several commenters said
in continuously taking full advantage of 40 CFR part 60, subpart GG, is in ppmv; that turbines operating at partial load
the recovered thermal energy. For units efficiency varies over load; carbon might not be able to meet the output-
with heat recovery and CEMS, the monoxide (CO) needs to be balanced; based limit. The commenters said that
standard is therefore determined on a there are a limited number of units able there are times when combustion
30-day rolling average. Under the to meet output-based limits without turbines will run at partial load
previous NSPS, heat recovery units are SCR; and output-based standards add conditions, for example when a facility
covered under either subpart Da, Db, or complexity and computational and has not yet geared up to full production
Dc, 40 CFR part 60. Those standards measurement uncertainty. Another or when power is available from the grid
determine compliance based on a 30- commenter recommended that EPA at a lower cost than can be produced by
day rolling average. In recognition of allow optional concentration-based the nonutility. According to the
these factors, EPA concluded that a 30- standards (i.e., ppmv corrected to 15 commenters, the turbine efficiency is
day rolling average is the appropriate percent oxygen) so that if a source does lower at partial load operation, which
averaging time for units that are using not need energy efficiency adjustments leads to higher output-based emissions.
recovered thermal energy. Since simple to show compliance, it could choose to Three commenters made the point that
cycle turbines are used primarily for measure only emission concentrations many combustion turbines shift out of
peaking applications, a 30-day average at the stack. lean premix mode into diffusion flame
is not practical for these units. Initial Two commenters said that EPA mode at lower loads, leading to
compliance determinations could take should replace the output-based NOX increased NOX emissions.
several years, and once a unit is emission limit with a concentration- One commenter requested that the
determined to be out of compliance it based standard for turbines less than 30 NOX limits for partial loads be increased
could take several years for the 30-day MW, which are primarily mechanical to account for lower thermal efficiencies
average to return below the standard. drive units. Similarly, several at partial loads. One commenter
commenters said that EPA should suggested that part load operation for
In regards to parametric monitoring, a provide optional concentration-based both gas and distillate oil revert to limits
deviation from a monitored parameter standards for all non-utility (mechanical set on the basis of corrected NOX
only results in excess emissions if the drive) turbines; another solution would concentrations (parts per million by
calculations show an exceedence of the be to revise the monitoring approach to volume dry (ppmvd) at 15 percent O2).
emission limit. This is clearly reduce cost and burden. The The commenter said that this coincides
communicated in the final rule, in the commenters’ rationale was that with operating schedules for existing
section entitled ‘‘How do I establish and mechanical drive units do not always General Electric dry low NOX turbines,
document a proper parameter include instruments that allow heat which are tuned to yield constant NOX
monitoring plan?’’ Regarding the balance calculation of power output, ppm throughout the operating load
negative stigma, we cannot determine and are frequently running at partial range. The commenter believed that this
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how other parties interpret the final loads. limit basis is also advantageous from the
rule. It is clear that continuous According to the commenters, a standpoint of compliance monitoring,
compliance is not a requirement of the concentration-based limit would since NOX concentration can be
final rule during periods of startup, eliminate the need for variables that are measured directly on site when
shutdown, and malfunction. difficult to accurately and readily equipped with CEMS. Several

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commenters said that the NOX emission such as annual testing, are required at 1.046 to 1.0 lb/MWh, according to the
standards should only apply at full load, ambient temperatures greater than 0 °F commenters. But if EPA intended to
and performance testing should be in the final rule. If you are using a CEMS base the efficiency assumption on LHV,
conducted at 90 to 100 percent of peak for demonstrating compliance, alternate then the commenters determined that
load or the highest load point emissions standards apply when the the limit should be 1.147 lb/MWh. The
achievable in practice. The commenters ambient temperature is below 0 °F. We commenters said that even if EPA had
said that if EPA does not make this recognize that these temperatures may intended the HHV efficiency, the
change, EPA should provide data and increase emissions from the turbine. rounding difference is almost 5 percent
analysis supporting the applicability of Comment: A number of commenters for the smaller turbine category, and this
the NOX standard at partial load outside had concerns with the efficiencies that could be significant for turbines just
of the typical range for manufacturer EPA used to determine the values for meeting the 25 ppmv vendor guarantee.
guarantees. the output-based emission standards. Response: We developed alternative
One commenter said that the One commenter stated that if EPA concentration-based standards, so that
requirement in 40 CFR 60.4400(b) of the retained an output-based NOX standard efficiency is no longer an issue if this
proposed rule to perform four tests for units less than 30 MW, EPA should alternative is chosen. In the final rule,
between 70 and 100 percent load seems revise the efficiency basis for the we used a baseline efficiency of 23
excessive. The commenter requested standard, which is not supported by the percent for small turbines, 27 percent
that this section also clarify that the four docket material for industrial scale for medium turbines, and 44 percent for
load points should be based upon the units. Three commenters said that the large turbines. The small turbine
ambient conditions and fuel proposed NOX emission standards efficiency is based on the 40 CFR part
characteristics realized during the time needed to be revised to reflect the full 60, subpart GG, lowest efficiency, 25
of testing, since ambient temperature range of turbine efficiencies that may be percent based on LHV. The medium
can affect the maximum or minimum encountered during operation. Three turbine efficiency is based on the top 90
operating load during a given test commenters said that during the first 5 percent of the medium turbine
program. The commenter noted that years of operation, the maximum load efficiencies listed in the 2005 Global
operating at greater than 100 percent of that can be achieved can decrease by as Sourcing Guide for Gas Turbine Engines
peak load may also be possible, much as 5 percent while the thermal (http://www.dieselpub.com/gsg). The
especially during cold (much less than efficiency can decrease by as much as large turbine efficiency is based on the
59 °F) ambient conditions. 2.5 percent. top 90 percent of the combined cycle
Response: We indicated in the final One commenter said that 30 percent efficiencies listed in the 2005 Global
rule that the NOX performance testing efficiency is not consistently achieved Sourcing Guide for Gas Turbine
should be conducted at full load for small simple cycle turbines. The Engines. EPA concluded that these
operation, which is defined as plus or commenter recommended using 23 efficiencies are appropriate for turbines
minus 25 percent of 100 percent of peak percent efficiency (LHV) at full load for that elect to comply with the output-
load, or the highest load physically turbines less than 3.5 MW, and 25 based standard.
achievable in practice. Only one load percent efficiency (LHV) at full load for Comment: Several commenters
point is required for testing for the the 3.5–30 MW turbines, to ensure that strongly opposed the NOX emission
annual performance test. For continuous smaller turbines can achieve the NSPS limits established in the rule, as
monitoring, an alternate limit has been at site conditions, which provide proposed. They contended that EPA’s
established when the turbine is not variability in efficiency. basis for establishing the limits was
operating at full load. Conducting the Four commenters observed that the fundamentally flawed and not
annual test at full load is consistent efficiencies on which the proposed representative of current combustion
with the Stationary Combustion output-based emissions were based only turbines without the use of add-on
Turbines NESHAP, 40 CFR part 63, apply at full loads. One commenter said controls. The commenters said that the
subpart YYYY. that the Gas Turbine World proposed limits have no support in the
Comment: Several commenters specifications show more than half of all docket’s actual test data, and are the
requested that EPA specify that the models less than 30 MW have product of generalizations and faulty
emission standards only apply for efficiencies lower than 30 percent. The assumptions about the data, and must
ambient temperatures ranging from 0 to commenter also said that lower loads be withdrawn until they can be properly
100 °F. Alternatively, the commenters have lower efficiencies, also many based on the data they cite.
asked EPA to provide data and analysis combined cycle units have efficiencies According to the commenters, over 35
supporting the applicability of the NOX less than what EPA assumes. Another percent of the reported emission rates
standard at ambient temperatures commenter asserted that EPA’s standard from natural gas-fired units and nearly
outside of the typical range for is based on stack tests, conducted at all of those from fuel oil-fired units
manufacturer guarantees. Two steady state, so efficiency losses exceed the proposed output-based
commenters said that NOX is higher at associated with changing load are not limits. Other concerns with the data
lower ambient temperatures, efficiencies captured. In addition, the commenter expressed by the commenters included:
are compromised at lower ambient believed that these efficiencies are only Some power ranges are insufficiently
temperatures, and cold intake air causes for ‘‘out of the box’’ turbines. represented because there are no data
flame stability issues. The commenters Two commenters said that EPA between 80 and 150 MW and there are
also noted that EPA data in Alaska does determined the 30 percent value based few data over 160 MW; aeroderivative
not cover the winter operating season. on turbine efficiency data in Gas turbines are underrepresented; there
The commenter provided some plots of Turbine World, which is based on LHV, were no useable emission rate data for
emissions data for operations at low but the commenters believed that EPA several manufacturers; and EPA did not
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temperatures. may have applied it inappropriately, as consider variability in load and may not
Response: EPA concluded that if it were HHV. If EPA had intended to have had adequate data for low
turbines do not operate optimally at base the efficiency assumption on HHV, temperatures. Another commenter
ambient temperatures below 0 °F. it appears that the limit for turbines less believed that EPA did not heed the
Therefore, compliance demonstrations, than 30 MW was rounded down from recommendations of the Gas Turbine

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38490 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

Association in their November 11, 2004, In the final rule we increased the ppmv with an efficiency of 25 percent
memorandum. In addition, this upper limit on the medium turbine for power generation units. For distillate
commenter believed that EPA did not category to 850 MMBtu/h. The medium oil turbines 3.5 to 30 MW, the
match the population percentages to the turbine category covers the majority of commenter said that the NOX standard
data they reviewed. For example, the turbines that the comments addressed. should be 96 ppmv for mechanical drive
commenter said that almost 68 percent This category is based on the heat input units, and based on 96 ppmv with an
of the recent turbine orders are in the to a 44 percent efficient 110 MW efficiency of 25 percent for power
small category, yet only 21 percent of turbine. The standards in the final rule generation units. One commenter
the data reviewed by EPA were in this address the commenter’s concerns. recommended a standard of 100 ppmv
subcategory. Additionally, the Comment: Four commenters for oil-fired turbines. Three commenters
commenter said that for this suggested emission limits for small suggested that EPA provide an option to
subcategory, the maximum NOX turbines. One commenter recommended pursue an alternative emission limit for
emission concentration listed is 27.8 a fuel neutral standard of 150 ppmv for retrofit applications that do not offer a
ppm, which is above the level of 25 turbines less than 3 MW. Another 42 ppmv NOX guarantee.
ppm used in proposing the standard for commenter recommended a NOX One commenter said that for turbines
the small subcategory. standard of 100 ppmv for natural gas- under 30 MW, a NOX standard of 1.0 lb/
Many of the commenters provided fired turbines less than 3 MW, and 150 MWh will be too stringent for some
suggested NOX emission standards to ppmv for distillate oil-fired turbines less projects, particularly the smaller (less
EPA. than 3 MW. One commenter said that if than 3.5 MW) facilities. The commenter
Response: While not all turbine EPA retains turbines less than 3.5 MW believed that this will prevent the
models were represented in the data set, in 40 CFR part 60, subpart KKKK, the implementation of some projects that
we concluded that it is representative of NOX emission limit for new could provide lower emissions than the
today’s population of turbines. In construction should be 100 ppmv for generation sources they are displacing.
addition, we obtained more data during natural gas and 175 ppmv for distillate The commenter suggested that the limit
the comment period, including oil; for modified or reconstructed should be no more stringent than 1.4 lb/
emissions information for turbines less turbines, the NOX emission limit should MWh (25 ppm at 25 percent efficiency,
than 50 MMBtu/h. Also, our analysis be 150 ppmv for natural gas and 200 LHV) for natural gas-fired turbines.
included the addition of manufacturer ppmv for distillate oil. The commenter One commenter did not believe that
guarantees and permit information, recommended a concentration limit for any turbines less than 30 MW could
which, along with emissions data, gave mechanical drive turbines and an meet the proposed emission limits. The
us a clear picture of the achievability of output-based limit based on an commenter said that peaking turbines
the standards. The emission limits in efficiency of 23 percent for power would not be able to meet the emission
the final rule have been revised, as generators. Another commenter stated limits because they must operate at
appropriate, using these additional data that if EPA retains turbines less than 3.5 variable loads and also low
and information. See table 1 of this MW in 40 CFR part 60, subpart KKKK, temperatures increase NOX emissions.
preamble for the revised emission the NOX emission limit for turbines The commenter believed that even at
standards. between 1 and 3.5 MW should be no full load and 60 °F ambient temperature,
Comment: One commenter believed more stringent than 6 lb/MWh for a dry low NOX turbine would just barely
that there is a significant difference natural gas, distillate oil and other fuels. make the NOX limit. Therefore, the
between aeroderivative turbines and The commenter’s rationale was that this commenter suggested that EPA increase
frame type turbines in that level is comparable to 40 CFR part 60, the limit in combination with defining
aeroderivatives cannot employ low NOX subpart GG, and significant a limited range over which the limit is
burners and must use water injection. improvements in control technologies applicable. The commenter also noted
While aeroderivatives may be have not been made since subpart GG that SCR has only been installed in a
guaranteed by the manufacturer to was established. handful of simple cycle units and high
achieve 25 ppm at full load, the Response: Based on the comments temperature SCR is less reliable than
commenter believed that setting a received, we revised the emission standard SCR.
standard at that level affords no cushion limitations in the final rule for small Response: We revised the emission
for operation below full load, especially turbines, as shown in table 1 of this limitations as well as the subcategory
in light of the short averaging times. preamble. We received additional data for medium turbines, as presented in
Therefore, the commenter requested that from the turbine manufacturer for small table 1 of this preamble. The medium
EPA either raise the emission limit to turbines. Based on these data, we subcategory has been extended to cover
allow for operational flexibility, or set concluded that the majority of small additional turbines. The new
different standards for different types of turbines will be able to comply with the subcategory on which these comments
combustion turbines. revised emission limitations given in are based is from 50 MMBtu/h to 850
Response: We concluded that the the final rule. These numbers were MMBtu/h. We concluded that, based on
majority of turbines are in some manner based on data received from small data submitted during the comment
related to jet engine designs. The turbine manufacturers during the public period, the new emission limitations in
combustion turbine industry began in comment period. the final rule are achievable by most
the aviation industry, and we concluded Comment: Six commenters believed turbines in this subcategory without the
that it is not appropriate to that the NOX standards for turbines less use of add-on controls.
subcategorize turbines based on design than 30 MW were not consistently Comment: Several commenters said
characteristics. The primary difference achievable in practice. Two of the that the proposed NOX limits for oil-
is the degree to which the turbines have commenters said that the standard for fired units were too low. One
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been optimized for stationary natural gas turbines 3 to 30 MW should commenter said that EPA’s proposed
applications. Furthermore, EPA be 42 ppmv. One commenter said that output-based limits for oil-fired units
concluded that there is no appropriate the standard for natural gas turbines 3.5 cannot be achieved on simple cycle
definition that separates aeroderivative to 30 MW should be 42 ppmv for turbines with combustion controls. The
and frame turbines. mechanical drive units, and based on 42 commenter felt that the limit for oil-

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fired turbines, 1.2 lb/MWh, is de facto Although we expect the final rule to than the total annualized compliance
too stringent, and imposing an result in a slight increase in electrical cost estimate of $3.4 million (2002
efficiency of 48 percent would be supply generated by unaffected sources dollars). The primary reason for the
arbitrary and capricious. The (e.g., existing stationary combustion lower social cost estimate is the increase
commenter requested that EPA separate turbines), we concluded that this will in electricity supply generated by
simple cycle from combined cycle, not result in higher NOX and SO2 unaffected sources (e.g., existing
particularly for oil-fired units. One emissions from these sources. Other stationary combustion turbines), which
commenter requested that EPA either emission control programs such as the offsets mostly the impact of increased
raise the emission limit for oil-fired Acid Rain Program and PSD/NSR electricity prices to consumers. The
combustion turbines, or at least allow already promote or require emission social cost estimates discussed above do
large oil-fired peaking units to comply controls that would effectively prevent not account for any benefits from
with the emission limit for small oil- emissions from increasing. All the emission reductions associated with the
fired units. Many of the commenters emissions reductions estimates and final rule.
provided suggested emission levels for assumptions have been documented in For more information on these
oil-fired units to EPA. the docket to the final rule. impacts, please refer to the economic
Response: EPA concluded that, based B. What are the energy impacts? impact analysis in the public docket.
on data submitted during the comment
We do not expect any significant VI. Statutory and Executive Order
period, the new emission limitations in
energy impacts resulting from the final Reviews
the final rule for oil-fired turbines are
achievable by most turbines without the rule. The only energy requirement is a A. Executive Order 12866: Regulatory
use of add-on controls. potential small increase in fuel Planning and Review
consumption, resulting from back
C. Definitions pressure caused by operating an add-on Under Executive Order 12866 (58 FR
emission control device, such as an 51735, October 4, 1993), we must
Comment: Four commenters
SCR. However, most entities would be determine whether a regulatory action is
requested that EPA clarify the definition
able to comply with the final rule ‘‘significant’’ and, therefore, subject to
of efficiency. The commenters stated
without the use of any add-on control review by the Office of Management and
that the proposed definition is based on
devices. Budget (OMB) and the requirements of
the LHV, but that EPA usually defines
the Executive Order. The Executive
regulations based on HHV. The C. What are the economic impacts? Order defines ‘‘significant regulatory
commenters believed that EPA may
EPA prepared an economic impact action’’ as one that is likely to result in
have intended to use HHV and
analysis to evaluate the impacts the a rule that may:
requested clarification on whether
final rule would have on combustion (1) Have an annual effect on the
efficiency should be based on the LHV
turbines producers, consumers of goods economy of $100 million or more or
or the HHV. One commenter stated that
and services produced by combustion adversely affect in a material way the
the LHV clause is unnecessary and
turbines, and society. The analysis economy, a sector of the economy,
should be removed because most air
showed minimal changes in prices and productivity, competition, jobs, the
permits are written, modeled and
output for products made by the environment, public health or safety, or
reviewed upon the premise of the HHV industries affected by the final rule. The State, local, or tribal governments or
of the fuel. price increase for affected output is less communities;
Response: In the proposed rule, we
than 0.003 percent, and the reduction in (2) Create a serious inconsistency or
inadvertently defined efficiency in
output is less than 0.003 percent for otherwise interfere with an action taken
terms of LHV. Our intent was to use
each affected industry. Estimates of or planned by another agency;
HHV. This change is reflected in the
impacts on fuel markets show price (3) Materially alter the budgetary
final rule.
increases of less than 0.01 percent for impact of entitlements, grants, user fees,
V. Environmental and Economic petroleum products and natural gas, and or loan programs, or the rights and
Impacts price increases of 0.04 and 0.06 percent obligation of recipients thereof; or
for base-load and peak-load electricity, (4) Raise novel legal or policy issues
A. What are the air impacts?
respectively. The price of coal is arising out of legal mandates, the
We estimate that approximately 355 expected to decline by about 0.002 President’s priorities, or the principles
new stationary combustion turbines will percent, and that is due to a small set forth in the Executive Order.
be installed in the United States over reduction in demand for this fuel type. Pursuant to the terms of Executive
the next 5 years and affected by the final Reductions in output are expected to be Order 12866, OMB has notified EPA
rule. None of these units may need to less than 0.02 percent for each energy that it considers this a ‘‘significant
install add-on controls to meet the NOX type, including base-load and peak-load regulatory action’’ within the meaning
limits required under the final rule. electricity. of the Executive Order. EPA submitted
However, many new turbines will The social costs of the final rule are this action to OMB for review. Changes
already be required to install add-on estimated at $0.4 million (2002 dollars). made in response to OMB suggestions or
controls to meet NOX reduction Social costs include the compliance recommendations will be documented
requirements under Prevention of costs, but also include those costs that in the public record.
Significant Deterioration (PSD) and New reflect changes in the national economy
Source Review (NSR). Thus, we due to changes in consumer and B. Paperwork Reduction Act
concluded that the NOX reductions producer behavior in response to the The information collection
resulting from the final rule will compliance costs associated with a requirements in the final rule have been
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essentially be zero. The expected SO2 regulation. For the final rule, changes in submitted for approval to OMB under
reductions as a result of the final rule energy use among both consumers and the Paperwork Reduction Act, 44 U.S.C.
are approximately 830 tons per year producers to reduce the impact of the 3501 et seq. The Information Collection
(tpy) in the 5th year after promulgation regulatory requirements of the rule lead Request (ICR) document prepared by
of the standards. to the estimated social costs being less EPA has been assigned ICR No. 2177.01.

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38492 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

The final rule contains monitoring, unless it displays a currently valid OMB profits for the small firms and increase
reporting, and recordkeeping control number. The OMB control revenues for the many small
requirements. The information would be numbers for EPA’s regulations in 40 communities (in total, 28 small entities)
used by EPA to identify any new, CFR are listed in 40 CFR part 9 and 48 using combustion turbines that are not
modified, or reconstructed stationary CFR chapter 15. affected by the final rule as a result of
combustion turbines subject to the the very slight increase in market prices.
C. Regulatory Flexibility Act
NSPS and to ensure that any new For more information on the results of
stationary combustion turbines comply The Regulatory Flexibility Act the analysis of small entity impacts,
with the emission limits and other generally requires an agency to prepare please refer to the economic impact
requirements. Records and reports a regulatory flexibility analysis of any analysis in the docket.
would be necessary to enable EPA or rule subject to notice and comment Although the final rule will not have
States to identify new stationary rulemaking requirements under the a significant economic impact on a
combustion turbines that may not be in Administrative Procedures Act or any substantial number of small entities,
compliance with the requirements. other statute unless the agency certifies EPA nonetheless has tried to reduce the
Based on reported information, EPA that the rule will not have a significant impact of the final rule on small
would decide which units and what economic impact on a substantial entities. In the final rule, the Agency is
records or processes should be number of small entities. Small entities applying the minimum level of control
inspected. include small businesses, small and the minimum level of monitoring,
The final rule does not require any organizations, and small governmental recordkeeping, and reporting to affected
notifications or reports beyond those jurisdictions. sources allowed by the CAA. In
required by the General Provisions. The For purposes of assessing the impacts addition, as mentioned earlier in this
recordkeeping requirements require of today’s final rule on small entities, preamble, new turbines with heat inputs
only the specific information needed to small entity is defined as: (1) A small less than 10.7 GJ (10 MMBtu) per hour
determine compliance. These business whose parent company has are not subject to the final rule. This
recordkeeping and reporting fewer than 100 or 1,000 employees, provision should reduce the size of
requirements are specifically authorized depending on size definition for the small entity impacts. We continue to be
by CAA section 114 (42 U.S.C. 7414). affected North American Industry interested in the potential impacts of the
All information submitted to EPA for Classification System (NAICS) code, or final rule on small entities and welcome
which a claim of confidentiality is made fewer than 4 billion kilowatt-hours (kW- comments on issues related to such
will be safeguarded according to EPA hr) per year of electricity usage; (2) a impacts.
policies in 40 CFR part 2, subpart B, small governmental jurisdiction that is a
government of a city, county, town, D. Unfunded Mandates Reform Act
Confidentiality of Business Information.
The annual monitoring, reporting, and school district or special district with a Title II of the Unfunded Mandates
recordkeeping burden for this collection population of less than 50,000; and (3) Reform Act of 1995 (UMRA), Public
(averaged over the first 3 years after July a small organization that is any not-for- Law 104–4, establishes requirements for
6, 2006) is estimated to be 20,542 labor profit enterprise which is independently Federal agencies to assess the effects of
hours per year at an average total annual owned and operated and is not their regulatory actions on State, local,
cost of $1,797,264. This estimate dominant in its field. It should be noted and tribal governments and the private
includes performance testing, that small entities in one NAICS code sector. Under section 202 of the UMRA,
continuous monitoring, semiannual would be affected by the final rule, and EPA generally must prepare a written
excess emission reports, notifications, the small business definition applied to statement, including a cost-benefit
and recordkeeping. There are no capital/ each industry by NAICS code is that analysis, for proposed and final rules
start-up costs or operation and listed in the Small Business with ‘‘Federal mandates’’ that may
maintenance costs associated with the Administration size standards (13 CFR result in expenditures by State, local,
monitoring requirements over the 3-year part 121). and tribal governments, in the aggregate,
period of the ICR. After considering the economic or by the private sector, of $100 million
Burden means the total time, effort, or impacts of today’s final rule on small or more in any 1 year. Before
financial resources expended by persons entities, we conclude that today’s action promulgating an EPA rule for which a
to generate, maintain, retain, or disclose will not have a significant economic written statement is needed, section 205
or provide information to or for a impact on a substantial number of small of the UMRA generally requires EPA to
Federal agency. This includes the time entities. We determined, based on the identify and consider a reasonable
needed to review instructions; develop, existing combustion turbines inventory number of regulatory alternatives and
acquire, install, and utilize technology and presuming the percentage of small adopt the least costly, most cost
and systems for the purposes of entities in that inventory is effective, or least burdensome
collecting, validating, and verifying representative of the percentage of small alternative that achieves the objective of
information, processing and entities owning new turbines in the 5th the rule. The provisions of section 205
maintaining information, and disclosing year after promulgation, that one small do not apply when they are inconsistent
and providing information; adjust the entity out of 29 in the industries with applicable law. Moreover, section
existing ways to comply with any impacted by the final rule will incur 205 allows EPA to adopt an alternative
previously applicable instructions and compliance costs (in this case, only other than the least costly, most cost
requirements; train personnel to be able monitoring, recordkeeping, and effective, or least burdensome
to respond to a collection of reporting costs since control costs are alternative if the Administrator
information; search data sources; zero) associated with the final rule. This publishes with the final rule an
complete and review the collection of small entity owns one affected turbine explanation why that alternative was
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information; and transmit or otherwise in the projected set of new combustion not adopted. Before EPA establishes any
disclose the information. turbines. This affected small entity is regulatory requirements that may
An agency may not conduct or estimated to have annual compliance significantly or uniquely affect small
sponsor, and a person is not required to costs of 0.3 percent of its revenues. The governments, including tribal
respond to a collection of information final rule is likely to also increase governments, it must have developed

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Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations 38493

under section 203 of the UMRA a small implications’’ is defined in the output is estimated at 0.02 percent, or
government agency plan. The plan must Executive Order to include regulations about 5 billion kW-hr per year based on
provide for notifying potentially that have ‘‘substantial direct effects on 2000 U.S. electricity production
affected small governments, enabling one or more Indian tribes, on the nationwide.
officials of affected small governments relationship between the Federal Production of natural gas is expected
to have meaningful and timely input in government and the Indian tribes, or on to increase by 4 million cubic feet per
the development of EPA regulatory the distribution of power and day. The maximum of all energy price
proposals with significant Federal responsibilities between the Federal increases, which include increases in
intergovernmental mandates, and government and Indian tribes.’’ natural gas prices as well as those for
informing, educating, and advising The final rule does not have tribal petroleum products, coal, and
small governments on compliance with implications. It will not have substantial electricity, is estimated to be a 0.04
the regulatory requirements. direct effects on tribal governments, on percent increase in peak-load electricity
EPA has determined that the final rule the relationship between the Federal rates nationwide. Energy distribution
contains no Federal mandates that may government and Indian tribes, or on the costs may increase by no more than the
result in expenditures of $100 million or distribution of power and same amount as electricity rates. We
more for State, local, and tribal responsibilities between the Federal expect that there will be no discernable
governments, in the aggregate, or the government and Indian tribes, as impact on the import of foreign energy
private sector in any 1 year. Thus, the specified in Executive Order 13175. We supplies, and no other adverse
final rule is not subject to the do not know of any stationary outcomes are expected to occur with
requirements of sections 202 and 205 of combustion turbines owned or operated regards to energy supplies.
the UMRA. In addition, EPA has by Indian tribal governments. However, Also, the increase in the cost of
determined that the final rule contains if there are any, the effect of the final energy production should be minimal
no regulatory requirements that might rule on communities of tribal given the very small increase in fuel
significantly or uniquely affect small governments would not be unique or consumption resulting from back
governments because they contain no disproportionate to the effect on other pressure related to operation of add-on
requirements that apply to such communities. Thus, Executive Order emission control devices, such as SCR.
governments or impose obligations 13175 does not apply to the final rule. All of the estimates presented above
upon them. Therefore, the final rule is account for some passthrough of costs to
not subject to the requirements of G. Executive Order 13045: Protection of consumers as well as the direct cost
section 203 of the UMRA. Children From Environmental Health impact to producers.
and Safety Risks For more information on these
E. Executive Order 13132: Federalism Executive Order 13045 (62 FR 19885, estimated energy effects, please refer to
Executive Order 13132 (64 FR 43255, April 23, 1997) applies to any rule that: the economic impact analysis for the
August 10, 1999) requires us to develop (1) Is determined to be ‘‘economically final rule. This analysis is available in
an accountable process to ensure significant’’ as defined under Executive the public docket.
‘‘meaningful and timely input by State Order 12866, and (2) concerns an
and local officials in the development of I. National Technology Transfer and
environmental health or safety risk that
regulatory policies that have federalism Advancement Act
we have reason to believe may have a
implications.’’ ‘‘Policies that have disproportionate effect on children. If Section 12(d) of the National
federalism implications’’ are defined in the regulatory action meets both criteria, Technology Transfer and Advancement
the Executive Order to include we must evaluate the environmental Act (NTTAA) of 1995 (Pub. L. 104–113;
regulations that have ‘‘substantial direct health or safety effects of the planned 15 U.S.C. 272 note) directs EPA to use
effects on the States, on the relationship rule on children, and explain why the voluntary consensus standards in their
between the national government and planned regulation is preferable to other regulatory and procurement activities
the States, or on the distribution of potentially effective and reasonably unless to do so would be inconsistent
power and responsibilities among the feasible alternatives. with applicable law or otherwise
various levels of government.’’ The final rule is not subject to impractical. Voluntary consensus
The final rule does not have Executive Order 13045 because it is not standards are technical standards (e.g.,
federalism implications. It will not have an economically significant action as materials specifications, test methods,
substantial direct effects on the States, defined under Executive Order 12866. sampling procedures, business
on the relationship between the national practices) developed or adopted by one
government and the States, or on the H. Executive Order 13211: Actions That or more voluntary consensus bodies.
distribution of power and Significantly Affect Energy Supply, The NTTAA directs EPA to provide
responsibilities among the various Distribution, or Use Congress, through annual reports to
levels of government, as specified in Today’s action is not a ‘‘significant OMB, with explanations when an
Executive Order 13132. Thus, Executive energy action’’ as defined in Executive agency does not use available and
Order 13132 does not apply to the final Order 13211 because it is not likely to applicable voluntary consensus
rule. have a significant adverse effect on the standards.
supply, distribution, or use of energy. The final rule involves technical
F. Executive Order 13175: Consultation An increase in petroleum product standards. EPA cites the following
and Coordination With Indian Tribal output, which includes increases in fuel methods in the final rule: EPA Methods
Governments production, is estimated at less than 1, 2, 3A, 6, 6C, 7E, 8, 19, and 20 of 40
Executive Order 13175 (65 FR 67249, 0.01 percent, or about 600 barrels per CFR part 60, appendix A; and
November 6, 2000) requires EPA to day based on 2004 U.S. fuel production Performance Specifications (PS) 2 of 40
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develop an accountable process to nationwide. A reduction in coal CFR part 60, appendix B.
ensure ‘‘meaningful and timely input by production is estimated at 0.00003 In addition, the final rule cites the
tribal officials in the development of percent, or about 3,000 short tpy based following standards that are also
regulatory policies that have tribal on 2004 U.S. coal production incorporated by reference in 40 CFR
implications.’’ ‘‘Policies that have tribal nationwide. The reduction in electricity part 60, section 17: ASTM D129–00

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38494 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

(Reapproved 2005), ASTM D1072–90 requirements in place of any of EPA (1) ASTM A99–76, 82 (Reapproved
(Reapproved 1999), ASTM D1266 98 testing methods, performance 1987), Standard Specification for
(Reapproved 2003), ASTM D1552–03, specifications, or procedures. Ferromanganese, incorporation by
ASTM D2622–05, ASTM D3246–05, reference (IBR) approved for § 60.261.
J. Congressional Review Act
ASTM D4057–95 (Reapproved 2000), (2) ASTM A100–69, 74, 93, Standard
ASTM D4084–05, ASTM D4177–95 The Congressional Review Act, 5 Specification for Ferrosilicon, IBR
(Reapproved 2000), ASTM D4294–03, U.S.C. section 801 et. seq., as added by approved for § 60.261.
ASTM D4468–85 (Reapproved 2000), the Small Business Regulatory (3) ASTM A101–73, 93, Standard
ASTM D4810–88 (Reapproved 1999), Enforcement Fairness Act of 1996, Specification for Ferrochromium, IBR
ASTM D5287–97 (Reapproved 2002), generally provides that before a rule approved for § 60.261.
ASTM D5453–05, ASTM D5504–01, may take effect, the agency (4) ASTM A482–76, 93, Standard
ASTM D6228–98 (Reapproved 2003), promulgating the rule must submit a Specification for Ferrochromesilicon,
ASTM D6667–04, and Gas Processors rule report, which includes a copy of IBR approved for § 60.261.
Association Standard 2377–86. the rule, to each House of the Congress (5) ASTM A483–64, 74 (Reapproved
Consistent with the NTTAA, EPA and to the Comptroller General of the 1988), Standard Specification for
conducted searches to identify United States. EPA will submit a report Silicomanganese, IBR approved for
voluntary consensus standards in containing today’s final rule and other § 60.261.
addition to these EPA methods/ required information to the U.S. Senate, (6) ASTM A495–76, 94, Standard
performance specifications. No the U.S. House of Representatives, and Specification for Calcium-Silicon and
applicable voluntary consensus the Comptroller General of the United Calcium Manganese-Silicon, IBR
standards were identified for EPA States prior to publication of the rule in approved for § 60.261.
Methods 8 and 19. The search and the Federal Register. This action is not (7) ASTM D86–78, 82, 90, 93, 95, 96,
review results have been documented a ‘‘major rule’’ as defined by 5 U.S.C. Distillation of Petroleum Products, IBR
and are placed in the docket for the final 804(2). The final rule will be effective approved for §§ 60.562–2(d), 60.593(d),
rule. on July 6, 2006. and 60.633(h).
One voluntary consensus standard (8) ASTM D129–64, 78, 95, 00,
was identified as an acceptable List of Subjects in 40 CFR Part 60 Standard Test Method for Sulfur in
alternative for the EPA methods cited in Environmental protection, Petroleum Products (General Bomb
this rule. The voluntary consensus Administrative practice and procedure, Method), IBR approved for
standard ASME PTC 19–10–1981—Part Air pollution control, Incorporation by §§ 60.106(j)(2), 60.335(b)(10)(i), and
10, ‘‘Flue and Exhaust Gas Analyses,’’ is reference, Intergovernmental relations, Appendix A: Method 19, 12.5.2.2.3.
cited in this rule for its manual method Nitrogen dioxide, Reporting and (9) ASTM D129–00 (Reapproved
for measuring the sulfur dioxide content recordkeeping requirements, Sulfur 2005), Standard Test Method for Sulfur
of exhaust gas. This part of ASME PTC oxides. in Petroleum Products (General Bomb
19–10–1981—Part 10 is an acceptable Dated: February 9, 2006.
Method), IBR approved for
alternative to EPA Methods 6 and 20 § 60.4415(a)(1)(i).
Stephen L. Johnson,
(sulfur dioxide only). (10) ASTM D240–76, 92, Standard
In addition to the voluntary Administrator. Test Method for Heat of Combustion of
consensus standards EPA uses in the Editorial Note: This document was Liquid Hydrocarbon Fuels by Bomb
final rule, the search for emissions received by the Office of the Federal Register Calorimeter, IBR approved for
measurement procedures identified 11 on June 28, 2006. §§ 60.46(c), 60.296(b), and Appendix A:
other voluntary consensus standards. Method 19, Section 12.5.2.2.3.
EPA determined that nine of these 11 ■ For the reasons stated in the preamble,
(11) ASTM D270–65, 75, Standard
standards identified for measuring air title 40, chapter I, part 60, of the Code
Method of Sampling Petroleum and
emissions or surrogates subject to of Federal Regulations is amended as
Petroleum Products, IBR approved for
emission standards in the final rule follows:
Appendix A: Method 19, Section
were impractical alternatives to EPA test PART 60—[AMENDED] 12.5.2.2.1.
methods/performance specifications for (12) ASTM D323–82, 94, Test Method
the purposes of the final rule. Therefore, ■ 1. The authority citation for part 60 for Vapor Pressure of Petroleum
EPA does not intend to adopt these continues to read as follows: Products (Reid Method), IBR approved
standards. See the docket for the reasons Authority: 42 U.S.C. 7401, et seq. for §§ 60.111(l), 60.111a(g), 60.111b(g),
for the determinations of these methods. and 60.116b(f)(2)(ii).
Two of the 11 voluntary consensus (13) ASTM D388–77, 90, 91, 95, 98a,
Subpart A—[Amended]
standards identified in this search were Standard Specification for Classification
not available at the time the review was ■ 2. Section 60.17 is amended by of Coals by Rank, IBR approved for
conducted for the purposes of the final revising paragraphs (a), (h)(4), and §§ 60.41(f) of subpart D of this part,
rule because they are under (m)(1), and reserving paragraph (m)(2) to 60.45(f)(4)(i), 60.45(f)(4)(ii),
development by a voluntary consensus read as follows: 60.45(f)(4)(vi), 60.41b of subpart Db of
body. See the docket for the list of these this part, 60.41c of subpart Dc of this
methods. § 60.17 Incorporation by reference. part, and 60.251(b) and (c) of subpart Y
Sections 60.4345, 60.4360, 60.4400 * * * * * of this part.
and 60.4415 of the final rule discuss (a) The following materials are (14) ASTM D388–77, 90, 91, 95, 98a,
EPA testing methods, performance available for purchase from at least one 99 (Reapproved 2004) ε1, Standard
specifications, and procedures required. of the following addresses: American Specification for Classification of Coals
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Under 40 CFR 63.7(f) and 40 CFR 63.8(f) Society for Testing and Materials by Rank, IBR approved for
of subpart A of the General Provisions, (ASTM), 100 Barr Harbor Drive, Post §§ 60.24(h)(8), 60.41Da of subpart Da of
a source may apply to EPA for Office Box C700, West Conshohocken, this part, and 60.4102.
permission to use alternative test PA 19428–2959; or ProQuest, 300 North (15) ASTM D396–78, 89, 90, 92, 96,
methods or alternative monitoring Zeeb Road, Ann Arbor, MI 48106. 98, Standard Specification for Fuel Oils,

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IBR approved for §§ 60.41b of subpart 60.296(b)(3), and Appendix A: Method Analysis of Demethanized Hydrocarbon
Db of this part, 60.41c of subpart Dc of 19, Section 12.3.2.4. Liquid Mixtures Containing Nitrogen
this part, 60.111(b) of subpart K of this (27) ASTM D1835–87, 91, 97, 03a, and Carbon Dioxide by Gas
part, and 60.111a(b) of subpart Ka of Standard Specification for Liquefied Chromatography, IBR approved for
this part. Petroleum (LP) Gases, IBR approved for § 60.335(b)(9)(i).
(16) ASTM D975–78, 96, 98a, § 60.41Da of subpart Da of this part. (41) ASTM D2622–87, 94, 98,
Standard Specification for Diesel Fuel (28) ASTM D1835–82, 86, 87, 91, 97, Standard Test Method for Sulfur in
Oils, IBR approved for §§ 60.111(b) of Standard Specification for Liquefied Petroleum Products by Wavelength
subpart K of this part and 60.111a(b) of Petroleum (LP) Gases, IBR approved for Dispersive X-Ray Fluorescence
subpart Ka of this part. § 60.41b of subpart Db of this part. Spectrometry,’’ IBR approved for
(17) ASTM D1072–80, 90 (29) ASTM D1835–86, 87, 91, 97, §§ 60.106(j)(2) and 60.335(b)(10)(i).
(Reapproved 1994), Standard Test Standard Specification for Liquefied (42) ASTM D2622–05, Standard Test
Method for Total Sulfur in Fuel Gases, Petroleum (LP) Gases, IBR approved for Method for Sulfur in Petroleum
IBR approved for § 60.335(b)(10)(ii). § 60.41c of subpart Dc of this part. Products by Wavelength Dispersive X-
(18) ASTM D1072–90 (Reapproved (30) ASTM D1945–64, 76, 91, 96, Ray Fluorescence Spectrometry,’’ IBR
1999), Standard Test Method for Total Standard Method for Analysis of approved for § 60.4415(a)(1)(i).
Sulfur in Fuel Gases, IBR approved for Natural Gas by Gas Chromatography, (43) ASTM D2879–83, 96, 97, Test
§ 60.4415(a)(1)(ii). IBR approved for § 60.45(f)(5)(i). Method for Vapor Pressure-Temperature
(19) ASTM D1137–53, 75, Standard (31) ASTM D1946–77, 90 Relationship and Initial Decomposition
Method for Analysis of Natural Gases (Reapproved 1994), Standard Method Temperature of Liquids by Isoteniscope,
and Related Types of Gaseous Mixtures for Analysis of Reformed Gas by Gas IBR approved for §§ 60.111b(f)(3),
by the Mass Spectrometer, IBR approved Chromatography, IBR approved for 60.116b(e)(3)(ii), 60.116b(f)(2)(i), and
for § 60.45(f)(5)(i). §§ 60.18(f)(3), 60.45(f)(5)(i), 60.564(f)(1), 60.485(e)(1).
(20) ASTM D1193–77, 91, Standard 60.614(e)(2)(ii), 60.614(e)(4), (44) ASTM D2880–78, 96, Standard
Specification for Reagent Water, IBR 60.664(e)(2)(ii), 60.664(e)(4), Specification for Gas Turbine Fuel Oils,
approved for Appendix A: Method 5, 60.704(d)(2)(ii), and 60.704(d)(4). IBR approved for §§ 60.111(b),
Section 7.1.3; Method 5E, Section 7.2.1; (32) ASTM D2013–72, 86, Standard 60.111a(b), and 60.335(d).
Method 5F, Section 7.2.1; Method 6, Method of Preparing Coal Samples for
(45) ASTM D2908–74, 91, Standard
Section 7.1.1; Method 7, Section 7.1.1; Analysis, IBR approved for Appendix A:
Practice for Measuring Volatile Organic
Method 7C, Section 7.1.1; Method 7D, Method 19, Section 12.5.2.1.3.
Matter in Water by Aqueous-Injection
Section 7.1.1; Method 10A, Section (33) ASTM D2015–77 (Reapproved
Gas Chromatography, IBR approved for
7.1.1; Method 11, Section 7.1.3; Method 1978), 96, Standard Test Method for
§ 60.564(j).
12, Section 7.1.3; Method 13A, Section Gross Calorific Value of Solid Fuel by
(46) ASTM D2986–71, 78, 95a,
7.1.2; Method 26, Section 7.1.2; Method the Adiabatic Bomb Calorimeter, IBR
Standard Method for Evaluation of Air,
26A, Section 7.1.2; and Method 29, approved for § 60.45(f)(5)(ii), 60.46(c)(2),
Assay Media by the Monodisperse DOP
Section 7.2.2. and Appendix A: Method 19, Section
(21) ASTM D1266–87, 91, 98, (Dioctyl Phthalate) Smoke Test, IBR
12.5.2.1.3.
Standard Test Method for Sulfur in (34) ASTM D2016–74, 83, Standard approved for Appendix A: Method 5,
Petroleum Products (Lamp Method), IBR Test Methods for Moisture Content of Section 7.1.1; Method 12, Section 7.1.1;
approved for §§ 60.106(j)(2) and Wood, IBR approved for Appendix A: and Method 13A, Section 7.1.1.2.
60.335(b)(10)(i). Method 28, Section 16.1.1. (47) ASTM D3173–73, 87, Standard
(22) ASTM D1266–98 (Reapproved (35) ASTM D2234–76, 96, 97b, 98, Test Method for Moisture in the
2003) e1, Standard Test Method for Standard Methods for Collection of a Analysis Sample of Coal and Coke, IBR
Sulfur in Petroleum Products (Lamp Gross Sample of Coal, IBR approved for approved for Appendix A: Method 19,
Method), IBR approved for Appendix A: Method 19, Section Section 12.5.2.1.3.
§ 60.4415(a)(1)(i). 12.5.2.1.1. (48) ASTM D3176–74, 89, Standard
(23) ASTM D1475–60 (Reapproved (36) ASTM D2369–81, 87, 90, 92, 93, Method for Ultimate Analysis of Coal
1980), 90, Standard Test Method for 95, Standard Test Method for Volatile and Coke, IBR approved for
Density of Paint, Varnish Lacquer, and Content of Coatings, IBR approved for § 60.45(f)(5)(i) and Appendix A: Method
Related Products, IBR approved for Appendix A: Method 24, Section 6.2. 19, Section 12.3.2.3.
§ 60.435(d)(1), Appendix A: Method 24, (37) ASTM D2382–76, 88, Heat of (49) ASTM D3177–75, 89, Standard
Section 6.1; and Method 24A, Sections Combustion of Hydrocarbon Fuels by Test Method for Total Sulfur in the
6.5 and 7.1. Bomb Calorimeter (High-Precision Analysis Sample of Coal and Coke, IBR
(24) ASTM D1552–83, 95, 01, Method), IBR approved for approved for Appendix A: Method 19,
Standard Test Method for Sulfur in §§ 60.18(f)(3), 60.485(g)(6), 60.564(f)(3), Section 12.5.2.1.3.
Petroleum Products (High-Temperature 60.614(e)(4), 60.664(e)(4), and (50) ASTM D3178–73 (Reapproved
Method), IBR approved for 60.704(d)(4). 1979), 89, Standard Test Methods for
§§ 60.106(j)(2), 60.335(b)(10)(i), and (38) ASTM D2504–67, 77, 88 Carbon and Hydrogen in the Analysis
Appendix A: Method 19, Section (Reapproved 1993), Noncondensable Sample of Coal and Coke, IBR approved
12.5.2.2.3. Gases in C3 and Lighter Hydrocarbon for § 60.45(f)(5)(i).
(25) ASTM D1552–03, Standard Test Products by Gas Chromatography, IBR (51) ASTM D3246–81, 92, 96,
Method for Sulfur in Petroleum approved for § 60.485(g)(5). Standard Test Method for Sulfur in
Products (High-Temperature Method), (39) ASTM D2584–68 (Reapproved Petroleum Gas by Oxidative
IBR approved for § 60.4415(a)(1)(i). 1985), 94, Standard Test Method for Microcoulometry, IBR approved for
jlentini on PROD1PC65 with RULES2

(26) ASTM D1826–77, 94, Standard Ignition Loss of Cured Reinforced § 60.335(b)(10)(ii).
Test Method for Calorific Value of Gases Resins, IBR approved for (52) ASTM D3246–05, Standard Test
in Natural Gas Range by Continuous § 60.685(c)(3)(i). Method for Sulfur in Petroleum Gas by
Recording Calorimeter, IBR approved (40) ASTM D2597–94 (Reapproved Oxidative Microcoulometry, IBR
for §§ 60.45(f)(5)(ii), 60.46(c)(2), 1999), Standard Test Method for approved for § 60.4415(a)(1)(ii).

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38496 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

(53) ASTM D3270–73T, 80, 91, 95, (66) ASTM D4294–03, Standard Test (78) ASTM D5504–01, Standard Test
Standard Test Methods for Analysis for Method for Sulfur in Petroleum and Method for Determination of Sulfur
Fluoride Content of the Atmosphere and Petroleum Products by Energy- Compounds in Natural Gas and Gaseous
Plant Tissues (Semiautomated Method), Dispersive X-Ray Fluorescence Fuels by Gas Chromatography and
IBR approved for Appendix A: Method Spectrometry, IBR approved for Chemiluminescence, IBR approved for
13A, Section 16.1. § 60.4415(a)(1)(i). §§ 60.334(h)(1) and 60.4360.
(54) ASTM D3286–85, 96, Standard (67) ASTM D4442–84, 92, Standard (79) ASTM D5762–02, Standard Test
Test Method for Gross Calorific Value of Test Methods for Direct Moisture Method for Nitrogen in Petroleum and
Coal and Coke by the Isoperibol Bomb Content Measurement in Wood and Petroleum Products by Boat-Inlet
Calorimeter, IBR approved for Appendix Wood-base Materials, IBR approved for Chemiluminescence, IBR approved for
A: Method 19, Section 12.5.2.1.3. Appendix A: Method 28, Section 16.1.1. § 60.335(b)(9)(i).
(55) ASTM D3370–76, 95a, Standard (68) ASTM D4444–92, Standard Test (80) ASTM D5865–98, Standard Test
Practices for Sampling Water, IBR Methods for Use and Calibration of Method for Gross Calorific Value of Coal
approved for § 60.564(j). Hand-Held Moisture Meters, IBR and Coke, IBR approved for
(56) ASTM D3792–79, 91, Standard approved for Appendix A: Method 28, § 60.45(f)(5)(ii), 60.46(c)(2), and
Test Method for Water Content of Section 16.1.1. Appendix A: Method 19, Section
Water-Reducible Paints by Direct (69) ASTM D4457–85 (Reapproved 12.5.2.1.3.
Injection into a Gas Chromatograph, IBR 1991), Test Method for Determination of (81) ASTM D6216–98, Standard
approved for Appendix A: Method 24, Dichloromethane and 1, 1, 1- Practice for Opacity Monitor
Section 6.3. Trichloroethane in Paints and Coatings Manufacturers to Certify Conformance
(57) ASTM D4017–81, 90, 96a, by Direct Injection into a Gas with Design and Performance
Standard Test Method for Water in Chromatograph, IBR approved for Specifications, IBR approved for
Paints and Paint Materials by the Karl Appendix A: Method 24, Section 6.5. Appendix B, Performance Specification
Fischer Titration Method, IBR approved (70) ASTM D4468–85 (Reapproved 1.
for Appendix A: Method 24, Section 6.4. 2000), Standard Test Method for Total (82) ASTM D6228–98, Standard Test
(58) ASTM D4057–81, 95, Standard Sulfur in Gaseous Fuels by Method for Determination of Sulfur
Practice for Manual Sampling of Hydrogenolysis and Rateometric Compounds in Natural Gas and Gaseous
Petroleum and Petroleum Products, IBR Colorimetry, IBR approved for Fuels by Gas Chromatography and
approved for Appendix A: Method 19, §§ 60.335(b)(10)(ii) and 60.4415(a)(1)(ii). Flame Photometric Detection, IBR
(71) ASTM D4629–02, Standard Test approved for § 60.334(h)(1).
Section 12.5.2.2.3.
Method for Trace Nitrogen in Liquid (83) ASTM D6228–98 (Reapproved
(59) ASTM D4057–95 (Reapproved
Petroleum Hydrocarbons by Syringe/ 2003), Standard Test Method for
2000), Standard Practice for Manual
Inlet Oxidative Combustion and Determination of Sulfur Compounds in
Sampling of Petroleum and Petroleum
Chemiluminescence Detection, IBR Natural Gas and Gaseous Fuels by Gas
Products, IBR approved for
approved for § 60.335(b)(9)(i). Chromatography and Flame Photometric
§ 60.4415(a)(1). (72) ASTM D4809–95, Standard Test Detection, IBR approved for §§ 60.4360
(60) ASTM D4084–82, 94, Standard Method for Heat of Combustion of and 60.4415.
Test Method for Analysis of Hydrogen Liquid Hydrocarbon Fuels by Bomb (84) ASTM D6366–99, Standard Test
Sulfide in Gaseous Fuels (Lead Acetate Calorimeter (Precision Method), IBR Method for Total Trace Nitrogen and Its
Reaction Rate Method), IBR approved approved for §§ 60.18(f)(3), 60.485(g)(6), Derivatives in Liquid Aromatic
for § 60.334(h)(1). 60.564(f)(3), 60.614(d)(4), 60.664(e)(4), Hydrocarbons by Oxidative Combustion
(61) ASTM D4084–05, Standard Test and 60.704(d)(4). and Electrochemical Detection, IBR
Method for Analysis of Hydrogen (73) ASTM D4810–88 (Reapproved approved for § 60.335(b)(9)(i).
Sulfide in Gaseous Fuels (Lead Acetate 1999), Standard Test Method for (85) ASTM D6522–00, Standard Test
Reaction Rate Method), IBR approved Hydrogen Sulfide in Natural Gas Using Method for Determination of Nitrogen
for §§ 60.4360 and 60.4415(a)(1)(ii). Length of Stain Detector Tubes, IBR Oxides, Carbon Monoxide, and Oxygen
(62) ASTM D4177–95, Standard approved for §§ 60.4360 and Concentrations in Emissions from
Practice for Automatic Sampling of 60.4415(a)(1)(ii). Natural Gas-Fired Reciprocating
Petroleum and Petroleum Products, IBR (74) ASTM D5287–97 (Reapproved Engines, Combustion Turbines, Boilers,
approved for Appendix A: Method 19, 2002), Standard Practice for Automatic and Process Heaters Using Portable
Section 12.5.2.2.1. Sampling of Gaseous Fuels, IBR Analyzers, IBR approved for § 60.335(a).
(63) ASTM D4177–95 (Reapproved approved for § 60.4415(a)(1). (86) ASTM D6667–01, Standard Test
2000), Standard Practice for Automatic (75) ASTM D5403–93, Standard Test Method for Determination of Total
Sampling of Petroleum and Petroleum Methods for Volatile Content of Volatile Sulfur in Gaseous
Products, IBR approved for Radiation Curable Materials, IBR Hydrocarbons and Liquefied Petroleum
§ 60.4415(a)(1). approved for Appendix A: Method 24, Gases by Ultraviolet Fluorescence, IBR
(64) ASTM D4239–85, 94, 97, Section 6.6. approved for § 60.335(b)(10)(ii).
Standard Test Methods for Sulfur in the (76) ASTM D5453–00, Standard Test (87) ASTM D6667–04, Standard Test
Analysis Sample of Coal and Coke Method for Determination of Total Method for Determination of Total
Using High Temperature Tube Furnace Sulfur in Light Hydrocarbons, Motor Volatile Sulfur in Gaseous
Combustion Methods, IBR approved for Fuels and Oils by Ultraviolet Hydrocarbons and Liquefied Petroleum
Appendix A: Method 19, Section Fluorescence, IBR approved for Gases by Ultraviolet Fluorescence, IBR
12.5.2.1.3. § 60.335(b)(10)(i). approved for § 60.4415(a)(1)(ii).
(65) ASTM D4294–02, Standard Test (77) ASTM D5453–05, Standard Test (88) ASTM D6784–02, Standard Test
jlentini on PROD1PC65 with RULES2

Method for Sulfur in Petroleum and Method for Determination of Total Method for Elemental, Oxidized,
Petroleum Products by Energy- Sulfur in Light Hydrocarbons, Motor Particle-Bound and Total Mercury in
Dispersive X-Ray Fluorescence Fuels and Oils by Ultraviolet Flue Gas Generated from Coal-Fired
Spectrometry, IBR approved for Fluorescence, IBR approved for Stationary Sources (Ontario Hydro
§ 60.335(b)(10)(i). § 60.4415(a)(1)(i). Method), IBR approved for Appendix B

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Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations 38497

to part 60, Performance Specification 60.4340 How do I demonstrate continuous per hour, based on the higher heating
12A, Section 8.6.2. compliance for NOX if I do not use water value of the fuel, which commenced
(89) ASTM E168–67, 77, 92, General or steam injection? construction, modification, or
Techniques of Infrared Quantitative 60.4345 What are the requirements for the
continuous emission monitoring system
reconstruction after February 18, 2005,
Analysis, IBR approved for equipment, if I choose to use this option? your turbine is subject to this subpart.
§§ 60.593(b)(2) and 60.632(f). 60.4350 How do I use data from the Only heat input to the combustion
(90) ASTM E169–63, 77, 93, General continuous emission monitoring turbine should be included when
Techniques of Ultraviolet Quantitative equipment to identify excess emissions? determining whether or not this subpart
Analysis, IBR approved for 60.4355 How do I establish and document is applicable to your turbine. Any
§§ 60.593(b)(2) and 60.632(f). a proper parameter monitoring plan? additional heat input to associated heat
(91) ASTM E260–73, 91, 96, General 60.4360 How do I determine the total sulfur
recovery steam generators (HRSG) or
Gas Chromatography Procedures, IBR content of the turbine’s combustion fuel?
60.4365 How can I be exempted from duct burners should not be included
approved for §§ 60.593(b)(2) and
monitoring the total sulfur content of the when determining your peak heat input.
60.632(f).
fuel? However, this subpart does apply to
* * * * * 60.4370 How often must I determine the emissions from any associated HRSG
(h) * * * sulfur content of the fuel? and duct burners.
(4) ANSI/ASME PTC 19.10–1981,
Flue and Exhaust Gas Analyses [Part 10, Reporting (b) Stationary combustion turbines
Instruments and Apparatus], IBR 60.4375 What reports must I submit? regulated under this subpart are exempt
approved for Tables 1 and 3 of subpart 60.4380 How are excess emissions and from the requirements of subpart GG of
EEEE, Tables 2 and 4 of subpart FFFF, monitor downtime defined for NOX? this part. Heat recovery steam generators
and §§ 60.4415(a)(2) and 60.4415(a)(3) 60.4385 How are excess emissions and and duct burners regulated under this
of subpart KKKK of this part. monitoring downtime defined for SO2? subpart are exempted from the
60.4390 What are my reporting requirements of subparts Da, Db, and Dc
* * * * * requirements if I operate an emergency
(m) * * * combustion turbine or a research and of this part.
(1) Gas Processors Association development turbine?
Method 2377–86, Test for Hydrogen § 60.4310 What types of operations are
60.4395 When must I submit my reports?
exempt from these standards of
Sulfide and Carbon Dioxide in Natural
Performance Tests performance?
Gas Using Length of Stain Tubes, IBR
approved for §§ 60.334(h)(1), 60.4360, 60.4400 How do I conduct the initial and (a) Emergency combustion turbines,
and 60.4415(a)(1)(ii). subsequent performance tests, regarding as defined in § 60.4420(i), are exempt
(2) [Reserved] NOX? from the nitrogen oxides (NOX)
■ 3. Part 60 is amended by reserving
60.4405 How do I perform the initial emission limits in § 60.4320.
performance test if I have chosen to
subpart IIII and subpart JJJJ and by install a NOX-diluent CEMS? (b) Stationary combustion turbines
adding subpart KKKK to read as follows: 60.4410 How do I establish a valid engaged by manufacturers in research
parameter range if I have chosen to and development of equipment for both
Subpart KKKK—Standards of continuously monitor parameters?
Performance for Stationary combustion turbine emission control
60.4415 How do I conduct the initial and techniques and combustion turbine
Combustion Turbines subsequent performance tests for sulfur?
efficiency improvements are exempt
Introduction Definitions from the NOX emission limits in
Sec. 60.4420 What definitions apply to this § 60.4320 on a case-by-case basis as
60.4300 What is the purpose of this subpart? determined by the Administrator.
subpart? (c) Stationary combustion turbines at
Table 1 to Subpart KKKK of Part 60–
Applicability Nitrogen Oxide Emission Limits for integrated gasification combined cycle
New Stationary Combustion Turbines electric utility steam generating units
60.4305 Does this subpart apply to my
stationary combustion turbine?
that are subject to subpart Da of this part
60.4310 What types of operations are Subpart KKKK—Standards of are exempt from this subpart.
exempt from these standards of Performance for Stationary (d) Combustion turbine test cells/
performance? Combustion Turbines stands are exempt from this subpart.
Emission Limits Introduction Emission Limits
60.4315 What pollutants are regulated by
§ 60.4300 What is the purpose of this § 60.4315 What pollutants are regulated by
this subpart?
subpart? this subpart?
60.4320 What emission limits must I meet
for nitrogen oxides (NOX)? This subpart establishes emission
standards and compliance schedules for The pollutants regulated by this
60.4325 What emission limits must I meet
for NOX if my turbine burns both natural the control of emissions from stationary subpart are nitrogen oxide (NOX) and
gas and distillate oil (or some other combustion turbines that commenced sulfur dioxide (SO2).
combination of fuels)? construction, modification or
60.4330 What emission limits must I meet § 60.4320 What emission limits must I
reconstruction after February 18, 2005. meet for nitrogen oxides (NOX)?
for sulfur dioxide (SO2)?
Applicability (a) You must meet the emission limits
General Compliance Requirements
§ 60.4305 Does this subpart apply to my for NOX specified in Table 1 to this
60.4333 What are my general requirements subpart.
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for complying with this subpart? stationary combustion turbine?


(a) If you are the owner or operator of (b) If you have two or more turbines
Monitoring a stationary combustion turbine with a that are connected to a single generator,
60.4335 How do I demonstrate compliance heat input at peak load equal to or each turbine must meet the emission
for NOX if I use water or steam injection? greater than 10.7 gigajoules (10 MMBtu) limits for NOX.

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38498 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

§ 60.4325 What emission limits must I General Compliance Requirements measure the heat input to the affected
meet for NOX if my turbine burns both unit; and
natural gas and distillate oil (or some other § 60.4333 What are my general (3) For units complying with the
combination of fuels)? requirements for complying with this
subpart?
output-based standard, install, calibrate,
You must meet the emission limits maintain, and operate a watt meter (or
(a) You must operate and maintain meters) to continuously measure the
specified in Table 1 to this subpart. If your stationary combustion turbine, air
your total heat input is greater than or gross electrical output of the unit in
pollution control equipment, and megawatt-hours; and
equal to 50 percent natural gas, you monitoring equipment in a manner
must meet the corresponding limit for a (4) For combined heat and power
consistent with good air pollution units complying with the output-based
natural gas-fired turbine when you are control practices for minimizing standard, install, calibrate, maintain,
burning that fuel. Similarly, when your emissions at all times including during and operate meters for useful recovered
total heat input is greater than 50 startup, shutdown, and malfunction. energy flow rate, temperature, and
percent distillate oil and fuels other (b) When an affected unit with heat pressure, to continuously measure the
than natural gas, you must meet the recovery utilizes a common steam total thermal energy output in British
corresponding limit for distillate oil and header with one or more combustion thermal units per hour (Btu/h).
fuels other than natural gas for the turbines, the owner or operator shall
duration of the time that you burn that either: § 60.4340 How do I demonstrate
particular fuel. (1) Determine compliance with the continuous compliance for NOX if I do not
use water or steam injection?
applicable NOX emissions limits by
§ 60.4330 What emission limits must I (a) If you are not using water or steam
meet for sulfur dioxide (SO2)?
measuring the emissions combined with
the emissions from the other unit(s) injection to control NOX emissions, you
(a) If your turbine is located in a utilizing the common heat recovery must perform annual performance tests
continental area, you must comply with unit; or in accordance with § 60.4400 to
either paragraph (a)(1) or (a)(2) of this (2) Develop, demonstrate, and provide demonstrate continuous compliance. If
section. If your turbine is located in information satisfactory to the the NOX emission result from the
Alaska, you do not have to comply with Administrator on methods for performance test is less than or equal to
the requirements in paragraph (a) of this apportioning the combined gross energy 75 percent of the NOX emission limit for
section until January 1, 2008. output from the heat recovery unit for the turbine, you may reduce the
each of the affected combustion frequency of subsequent performance
(1) You must not cause to be tests to once every 2 years (no more than
discharged into the atmosphere from the turbines. The Administrator may
approve such demonstrated substitute 26 calendar months following the
subject stationary combustion turbine previous performance test). If the results
methods for apportioning the combined
any gases which contain SO2 in excess of any subsequent performance test
gross energy output measured at the
of 110 nanograms per Joule (ng/J) (0.90 exceed 75 percent of the NOX emission
steam turbine whenever the
pounds per megawatt-hour (lb/MWh)) limit for the turbine, you must resume
demonstration ensures accurate
gross output, or annual performance tests.
estimation of emissions related under
(2) You must not burn in the subject this part. (b) As an alternative, you may install,
stationary combustion turbine any fuel calibrate, maintain and operate one of
which contains total potential sulfur Monitoring the following continuous monitoring
emissions in excess of 26 ng SO2/J systems:
§ 60.4335 How do I demonstrate
(0.060 lb SO2/MMBtu) heat input. If (1) Continuous emission monitoring
compliance for NOX if I use water or steam
your turbine simultaneously fires injection? as described in §§ 60.4335(b) and
multiple fuels, each fuel must meet this 60.4345, or
(a) If you are using water or steam (2) Continuous parameter monitoring
requirement. injection to control NOX emissions, you as follows:
(b) If your turbine is located in a must install, calibrate, maintain and (i) For a diffusion flame turbine
noncontinental area or a continental operate a continuous monitoring system without add-on selective catalytic
area that the Administrator determines to monitor and record the fuel reduction (SCR) controls, you must
does not have access to natural gas and consumption and the ratio of water or define parameters indicative of the
that the removal of sulfur compounds steam to fuel being fired in the turbine unit’s NOX formation characteristics,
would cause more environmental harm when burning a fuel that requires water and you must monitor these parameters
than benefit, you must comply with one or steam injection for compliance. continuously.
or the other of the following conditions: (b) Alternatively, you may use (ii) For any lean premix stationary
continuous emission monitoring, as combustion turbine, you must
(1) You must not cause to be follows:
discharged into the atmosphere from the continuously monitor the appropriate
(1) Install, certify, maintain, and parameters to determine whether the
subject stationary combustion turbine
operate a continuous emission unit is operating in low-NOX mode.
any gases which contain SO2 in excess monitoring system (CEMS) consisting of (iii) For any turbine that uses SCR to
of 780 ng/J (6.2 lb/MWh) gross output, a NOX monitor and a diluent gas reduce NOX emissions, you must
or (oxygen (O2) or carbon dioxide (CO2)) continuously monitor appropriate
(2) You must not burn in the subject monitor, to determine the hourly NOX parameters to verify the proper
stationary combustion turbine any fuel emission rate in parts per million (ppm) operation of the emission controls.
which contains total sulfur with or pounds per million British thermal (iv) For affected units that are also
jlentini on PROD1PC65 with RULES2

potential sulfur emissions in excess of units (lb/MMBtu); and regulated under part 75 of this chapter,
180 ng SO2/J (0.42 lb SO2/MMBtu) heat (2) For units complying with the with state approval you can monitor the
input. If your turbine simultaneously output-based standard, install, calibrate, NOX emission rate using the
fires multiple fuels, each fuel must meet maintain, and operate a fuel flow meter methodology in appendix E to part 75
this requirement. (or flow meters) to continuously of this chapter, or the low mass

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Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations 38499

emissions methodology in § 75.19, the with state approval, satisfy the Equation D–15a in appendix D to part 75
requirements of this paragraph (b) may requirements of this paragraph by of this chapter, and
be met by performing the parametric implementing the QA program and plan P = gross energy output of the combustion
monitoring described in section 2.3 of described in section 1 of appendix B to turbine in MW.
part 75 appendix E or in part 75 of this chapter. (2) For combined-cycle and combined
§ 75.19(c)(1)(iv)(H). heat and power complying with the
§ 60.4350 How do I use data from the
§ 60.4345 What are the requirements for continuous emission monitoring equipment output-based standard, use Equation 1
the continuous emission monitoring system to identify excess emissions? of this subpart, except that the gross
equipment, if I choose to use this option? For purposes of identifying excess energy output is calculated as the sum
If the option to use a NOX CEMS is emissions: of the total electrical and mechanical
chosen: (a) All CEMS data must be reduced to energy generated by the combustion
(a) Each NOX diluent CEMS must be hourly averages as specified in turbine, the additional electrical or
installed and certified according to § 60.13(h). mechanical energy (if any) generated by
Performance Specification 2 (PS 2) in (b) For each unit operating hour in the steam turbine following the heat
appendix B to this part, except the 7-day which a valid hourly average, as recovery steam generator, and 100
calibration drift is based on unit described in § 60.4345(b), is obtained for percent of the total useful thermal
operating days, not calendar days. With both NOX and diluent monitors, the data energy output that is not used to
state approval, Procedure 1 in appendix acquisition and handling system must generate additional electricity or
F to this part is not required. calculate and record the hourly NOX mechanical output, expressed in
Alternatively, a NOX diluent CEMS that emission rate in units of ppm or lb/ equivalent MW, as in the following
is installed and certified according to MMBtu, using the appropriate equation equations:
appendix A of part 75 of this chapter is from method 19 in appendix A of this
acceptable for use under this subpart. part. For any hour in which the hourly P = ( Pe )t + ( Pe )c + Ps + Po ( Eq. 2 )
The relative accuracy test audit (RATA) average O2 concentration exceeds 19.0 Where:
of the CEMS shall be performed on a lb/ percent O2 (or the hourly average CO2 P = gross energy output of the stationary
MMBtu basis. concentration is less than 1.0 percent combustion turbine system in MW.
(b) As specified in § 60.13(e)(2), CO2), a diluent cap value of 19.0 percent (Pe)t = electrical or mechanical energy output
during each full unit operating hour, O2 or 1.0 percent CO2 (as applicable) of the combustion turbine in MW,
both the NOX monitor and the diluent may be used in the emission (Pe)c = electrical or mechanical energy output
monitor must complete a minimum of calculations. (if any) of the steam turbine in MW, and
one cycle of operation (sampling, (c) Correction of measured NOX
concentrations to 15 percent O2 is not Q∗H
analyzing, and data recording) for each
allowed.
Ps = ( Eq. 3)
15-minute quadrant of the hour, to 3.413 × 106 Btu/MWh
validate the hour. For partial unit (d) If you have installed and certified
Where:
operating hours, at least one valid data a NOX diluent CEMS to meet the
Ps = useful thermal energy of the steam,
point must be obtained with each requirements of part 75 of this chapter,
measured relative to ISO conditions, not
monitor for each quadrant of the hour in states can approve that only quality used to generate additional electric or
which the unit operates. For unit assured data from the CEMS shall be mechanical output, in MW,
operating hours in which required used to identify excess emissions under Q = measured steam flow rate in lb/h,
quality assurance and maintenance this subpart. Periods where the missing H = enthalpy of the steam at measured
activities are performed on the CEMS, a data substitution procedures in subpart temperature and pressure relative to ISO
minimum of two valid data points (one D of part 75 are applied are to be conditions, in Btu/lb, and 3.413 x 106 =
reported as monitor downtime in the conversion from Btu/h to MW.
in each of two quadrants) are required
for each monitor to validate the NOX excess emissions and monitoring
performance report required under Po = other useful heat recovery, measured
emission rate for the hour.
§ 60.7(c). relative to ISO conditions, not used for steam
(c) Each fuel flowmeter shall be
(e) All required fuel flow rate, steam generation or performance enhancement of
installed, calibrated, maintained, and the combustion turbine.
operated according to the flow rate, temperature, pressure, and
manufacturer’s instructions. megawatt data must be reduced to (3) For mechanical drive applications
Alternatively, with state approval, fuel hourly averages. complying with the output-based
flowmeters that meet the installation, (f) Calculate the hourly average NOX standard, use the following equation:
certification, and quality assurance emission rates, in units of the emission
requirements of appendix D to part 75 standards under § 60.4320, using either ( NOX )m
of this chapter are acceptable for use ppm for units complying with the E= ( Eq. 4 ) ER06JY06.003</MATH>

concentration limit or the following BL ∗ AL


under this subpart.
(d) Each watt meter, steam flow meter, equation for units complying with the Where:
and each pressure or temperature output based standard: E = NOX emission rate in lb/MWh,
measurement device shall be installed, (1) For simple-cycle operation: (NOX)m = NOX emission rate in lb/h,
ER06JY06.002</MATH>

calibrated, maintained, and operated BL = manufacturer’s base load rating of


according to manufacturer’s ( NOX )h ∗ ( HI )h turbine, in MW, and
instructions.
E= ( Eq. 1) AL = actual load as a percentage of the base
P load.
(e) The owner or operator shall Where:
ER06JY06.001</MATH>

develop and keep on-site a quality (g) For simple cycle units without
E = hourly NOX emission rate, in lb/MWh,
jlentini on PROD1PC65 with RULES2

assurance (QA) plan for all of the (NOX)h = hourly NOX emission rate, in lb/ heat recovery, use the calculated hourly
continuous monitoring equipment MMBtu, average emission rates from paragraph
described in paragraphs (a), (c), and (d) (HI)h = hourly heat input rate to the unit, in (f) of this section to assess excess
of this section. For the CEMS and fuel MMBtu/h, measured using the fuel emissions on a 4-hour rolling average
ER06JY06.000</MATH>

flow meters, the owner or operator may, flowmeter(s), e.g., calculated using basis, as described in § 60.4380(b)(1).

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38500 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

(h) For combined cycle and combined engineering assessments and other data, the total sulfur content of the gaseous
heat and power units with heat provided you demonstrate factors which fuel during the most recent performance
recovery, use the calculated hourly assure compliance or explain why test was less than half the applicable
average emission rates from paragraph performance testing is unnecessary to limit, ASTM D4084, D4810, D5504, or
(f) of this section to assess excess establish indicator ranges. When D6228, or Gas Processors Association
emissions on a 30 unit operating day establishing indicator ranges, you may Standard 2377 (all of which are
rolling average basis, as described in choose to simplify the process by incorporated by reference, see § 60.17),
§ 60.4380(b)(1). treating the parameters as if they were which measure the major sulfur
correlated. Using this assumption, compounds, may be used.
§ 60.4355 How do I establish and testing can be divided into two cases:
document a proper parameter monitoring (i) All indicators are significant only § 60.4365 How can I be exempted from
plan? monitoring the total sulfur content of the
on one end of range (e.g., for a thermal
(a) The steam or water to fuel ratio or fuel?
incinerator controlling volatile organic
other parameters that are continuously compounds (VOC) it is only important You may elect not to monitor the total
monitored as described in §§ 60.4335 to insure a minimum temperature, not a sulfur content of the fuel combusted in
and 60.4340 must be monitored during maximum). In this case, you may the turbine, if the fuel is demonstrated
the performance test required under conduct your study so that each not to exceed potential sulfur emissions
§ 60.8, to establish acceptable values parameter is at the significant limit of its of 26 ng SO2/J (0.060 lb SO2/MMBtu)
and ranges. You may supplement the range while you conduct your emissions heat input for units located in
performance test data with engineering testing. If the emissions tests show that continental areas and 180 ng SO2/J (0.42
analyses, design specifications, the source is in compliance at the lb SO2/MMBtu) heat input for units
manufacturer’s recommendations and significant limit of each parameter, then located in noncontinental areas or a
other relevant information to define the as long as each parameter is within its continental area that the Administrator
acceptable parametric ranges more limit, you are presumed to be in determines does not have access to
precisely. You must develop and keep compliance. natural gas and that the removal of
on-site a parameter monitoring plan (ii) Some or all indicators are sulfur compounds would cause more
which explains the procedures used to significant on both ends of the range. In environmental harm than benefit. You
document proper operation of the NOX this case, you may conduct your study must use one of the following sources of
emission controls. The plan must: so that each parameter that is significant information to make the required
(1) Include the indicators to be at both ends of its range assumes its demonstration:
monitored and show there is a extreme values in all possible (a) The fuel quality characteristics in
significant relationship to emissions and combinations of the extreme values a current, valid purchase contract, tariff
proper operation of the NOX emission (either single or double) of all of the sheet or transportation contract for the
controls, other parameters. For example, if there fuel, specifying that the maximum total
(2) Pick ranges (or designated were only two parameters, A and B, and sulfur content for oil use in continental
conditions) of the indicators, or describe A had a range of values while B had areas is 0.05 weight percent (500 ppmw)
the process by which such range (or only a minimum value, the or less and 0.4 weight percent (4,000
designated condition) will be combinations would be A high with B ppmw) or less for noncontinental areas,
established, minimum and A low with B minimum. the total sulfur content for natural gas
(3) Explain the process you will use If both A and B had a range, the use in continental areas is 20 grains of
to make certain that you obtain data that combinations would be A high and B sulfur or less per 100 standard cubic feet
are representative of the emissions or high, A low and B low, A high and B and 140 grains of sulfur or less per 100
parameters being monitored (such as low, A low and B high. For the case of standard cubic feet for noncontinental
detector location, installation four parameters all having a range, there areas, has potential sulfur emissions of
specification if applicable), are 16 possible combinations. less than less than 26 ng SO2/J (0.060 lb
(4) Describe quality assurance and (b) For affected units that are also SO2/MMBtu) heat input for continental
control practices that are adequate to subject to part 75 of this chapter and areas and has potential sulfur emissions
ensure the continuing validity of the that have state approval to use the low of less than less than 180 ng SO2/J (0.42
data, mass emissions methodology in § 75.19 lb SO2/MMBtu) heat input for
(5) Describe the frequency of or the NOX emission measurement noncontinental areas; or
monitoring and the data collection (b) Representative fuel sampling data
methodology in appendix E to part 75,
procedures which you will use (e.g., you which show that the sulfur content of
you may meet the requirements of this
are using a computerized data the fuel does not exceed 26 ng SO2/J
paragraph by developing and keeping
acquisition over a number of discrete (0.060 lb SO2/MMBtu) heat input for
on-site (or at a central location for
data points with the average (or continental areas or 180 ng SO2/J (0.42
unmanned facilities) a QA plan, as
maximum value) being used for lb SO2/MMBtu) heat input for
described in § 75.19(e)(5) or in section
purposes of determining whether an noncontinental areas. At a minimum,
2.3 of appendix E to part 75 of this
exceedance has occurred), and the amount of fuel sampling data
chapter and section 1.3.6 of appendix B
(6) Submit justification for the specified in section 2.3.1.4 or 2.3.2.4 of
to part 75 of this chapter.
proposed elements of the monitoring. If appendix D to part 75 of this chapter is
a proposed performance specification § 60.4360 How do I determine the total required.
differs from manufacturer sulfur content of the turbine’s combustion
recommendation, you must explain the fuel? § 60.4370 How often must I determine the
reasons for the differences. You must You must monitor the total sulfur sulfur content of the fuel?
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submit the data supporting the content of the fuel being fired in the The frequency of determining the
justification, but you may refer to turbine, except as provided in § 60.4365. sulfur content of the fuel must be as
generally available sources of The sulfur content of the fuel must be follows:
information used to support the determined using total sulfur methods (a) Fuel oil. For fuel oil, use one of the
justification. You may rely on described in § 60.4415. Alternatively, if total sulfur sampling options and the

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associated sampling frequency applicable limit, follow the procedures downtime, in accordance with § 60.7(c).
described in sections 2.2.3, 2.2.4.1, in paragraph (c)(1)(iv) of this section. Excess emissions must be reported for
2.2.4.2, and 2.2.4.3 of appendix D to Otherwise, follow the procedures in all periods of unit operation, including
part 75 of this chapter (i.e., flow paragraph (c)(1)(iii)(B) of this section. start-up, shutdown, and malfunction.
proportional sampling, daily sampling, (B) Begin monitoring at 6-month (b) For each affected unit that
sampling from the unit’s storage tank intervals for 12 months. If any sulfur performs annual performance tests in
after each addition of fuel to the tank, content measurement exceeds the accordance with § 60.4340(a), you must
or sampling each delivery prior to applicable limit, follow the procedures submit a written report of the results of
combining it with fuel oil already in the in paragraph (c)(1)(iv) of this section. each performance test before the close of
intended storage tank). Otherwise, follow the procedures in business on the 60th day following the
(b) Gaseous fuel. If you elect not to paragraph (c)(1)(iii)(C) of this section. completion of the performance test.
demonstrate sulfur content using (C) Begin monitoring at 12-month
options in § 60.4365, and the fuel is § 60.4380 How are excess emissions and
intervals. If any sulfur content
supplied without intermediate bulk monitor downtime defined for NOX?
measurement exceeds the applicable
storage, the sulfur content value of the limit, follow the procedures in For the purpose of reports required
gaseous fuel must be determined and paragraph (c)(1)(iv) of this section. under § 60.7(c), periods of excess
recorded once per unit operating day. Otherwise, continue to monitor at this emissions and monitor downtime that
(c) Custom schedules. frequency. must be reported are defined as follows:
Notwithstanding the requirements of (a) For turbines using water or steam
(iv) If a sulfur content measurement
paragraph (b) of this section, operators to fuel ratio monitoring:
exceeds the applicable limit,
or fuel vendors may develop custom (1) An excess emission is any unit
immediately begin daily monitoring
schedules for determination of the total operating hour for which the 4-hour
according to paragraph (c)(1)(i) of this
sulfur content of gaseous fuels, based on rolling average steam or water to fuel
section. Daily monitoring shall continue
the design and operation of the affected ratio, as measured by the continuous
until 30 consecutive daily samples, each
facility and the characteristics of the monitoring system, falls below the
having a sulfur content no greater than
fuel supply. Except as provided in acceptable steam or water to fuel ratio
the applicable limit, are obtained. At
paragraphs (c)(1) and (c)(2) of this needed to demonstrate compliance with
that point, the applicable procedures of
section, custom schedules shall be § 60.4320, as established during the
paragraph (c)(1)(ii) or (iii) of this section
substantiated with data and shall be performance test required in § 60.8. Any
shall be followed.
approved by the Administrator before unit operating hour in which no water
(2) The owner or operator may use the
they can be used to comply with the or steam is injected into the turbine
data collected from the 720-hour sulfur
standard in § 60.4330. when a fuel is being burned that
sampling demonstration described in
(1) The two custom sulfur monitoring requires water or steam injection for
section 2.3.6 of appendix D to part 75
schedules set forth in paragraphs NOX control will also be considered an
of this chapter to determine a custom
(c)(1)(i) through (iv) and in paragraph excess emission.
sulfur sampling schedule, as follows: (2) A period of monitor downtime is
(c)(2) of this section are acceptable, (i) If the maximum fuel sulfur content
without prior Administrative approval: any unit operating hour in which water
obtained from the 720 hourly samples or steam is injected into the turbine, but
(i) The owner or operator shall obtain
does not exceed 20 grains/100 scf, no the essential parametric data needed to
daily total sulfur content measurements
additional monitoring of the sulfur determine the steam or water to fuel
for 30 consecutive unit operating days,
content of the gas is required, for the ratio are unavailable or invalid.
using the applicable methods specified
purposes of this subpart. (3) Each report must include the
in this subpart. Based on the results of
(ii) If the maximum fuel sulfur average steam or water to fuel ratio,
the 30 daily samples, the required
content obtained from any of the 720 average fuel consumption, and the
frequency for subsequent monitoring of
hourly samples exceeds 20 grains/100 combustion turbine load during each
the fuel’s total sulfur content shall be as
scf, but none of the sulfur content excess emission.
specified in paragraph (c)(1)(ii), (iii), or
values (when converted to weight (b) For turbines using continuous
(iv) of this section, as applicable.
(ii) If none of the 30 daily percent sulfur) exceeds half the emission monitoring, as described in
measurements of the fuel’s total sulfur applicable limit, then the minimum §§ 60.4335(b) and 60.4345:
content exceeds half the applicable required sampling frequency shall be (1) An excess emissions is any unit
standard, subsequent sulfur content one sample at 12 month intervals. operating period in which the 4-hour or
monitoring may be performed at 12- (iii) If any sample result exceeds half 30-day rolling average NOX emission
month intervals. If any of the samples the applicable limit, but none exceeds rate exceeds the applicable emission
taken at 12-month intervals has a total the applicable limit, follow the limit in § 60.4320. For the purposes of
sulfur content greater than half but less provisions of paragraph (c)(1)(iii) of this this subpart, a ‘‘4-hour rolling average
than the applicable limit, follow the section. NOX emission rate’’ is the arithmetic
(iv) If the sulfur content of any of the average of the average NOX emission
procedures in paragraph (c)(1)(iii) of
720 hourly samples exceeds the rate in ppm or ng/J (lb/MWh) measured
this section. If any measurement
applicable limit, follow the provisions by the continuous emission monitoring
exceeds the applicable limit, follow the
of paragraph (c)(1)(iv) of this section. equipment for a given hour and the
procedures in paragraph (c)(1)(iv) of this
section. Reporting three unit operating hour average NOX
(iii) If at least one of the 30 daily emission rates immediately preceding
measurements of the fuel’s total sulfur § 60.4375 What reports must I submit? that unit operating hour. Calculate the
content is greater than half but less than (a) For each affected unit required to rolling average if a valid NOX emission
jlentini on PROD1PC65 with RULES2

the applicable limit, but none exceeds continuously monitor parameters or rate is obtained for at least 3 of the 4
the applicable limit, then: emissions, or to periodically determine hours. For the purposes of this subpart,
(A) Collect and analyze a sample the fuel sulfur content under this a ‘‘30-day rolling average NOX emission
every 30 days for 3 months. If any sulfur subpart, you must submit reports of rate’’ is the arithmetic average of all
content measurement exceeds the excess emissions and monitor hourly NOX emission data in ppm or

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38502 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

ng/J (lb/MWh) measured by the § 60.4385 How are excess emissions and from the NOX limit and must submit an
continuous emission monitoring monitoring downtime defined for SO2? initial report to the Administrator
equipment for a given day and the If you choose the option to monitor stating your case.
twenty-nine unit operating days the sulfur content of the fuel, excess
(b) Combustion turbines engaged by
immediately preceding that unit emissions and monitoring downtime are
defined as follows: manufacturers in research and
operating day. A new 30-day average is development of equipment for both
calculated each unit operating day as (a) For samples of gaseous fuel and for
oil samples obtained using daily combustion turbine emission control
the average of all hourly NOX emissions techniques and combustion turbine
sampling, flow proportional sampling,
rates for the preceding 30 unit operating or sampling from the unit’s storage tank, efficiency improvements may be
days if a valid NOX emission rate is an excess emission occurs each unit exempted from the NOX limit on a case-
obtained for at least 75 percent of all operating hour included in the period by-case basis as determined by the
operating hours. beginning on the date and hour of any Administrator. You must petition for the
(2) A period of monitor downtime is sample for which the sulfur content of exemption.
any unit operating hour in which the the fuel being fired in the combustion
turbine exceeds the applicable limit and § 60.4395 When must I submit my reports?
data for any of the following parameters
are either missing or invalid: NOX ending on the date and hour that a All reports required under § 60.7(c)
concentration, CO2 or O2 concentration, subsequent sample is taken that must be postmarked by the 30th day
fuel flow rate, steam flow rate, steam demonstrates compliance with the following the end of each 6-month
temperature, steam pressure, or sulfur limit. period.
(b) If the option to sample each
megawatts. The steam flow rate, steam
delivery of fuel oil has been selected, Performance Tests
temperature, and steam pressure are
you must immediately switch to one of
only required if you will use this the other oil sampling options (i.e., § 60.4400 How do I conduct the initial and
information for compliance purposes. daily sampling, flow proportional subsequent performance tests, regarding
(3) For operating periods during sampling, or sampling from the unit’s NOX?
which multiple emissions standards storage tank) if the sulfur content of a (a) You must conduct an initial
apply, the applicable standard is the delivery exceeds 0.05 weight percent. performance test, as required in § 60.8.
average of the applicable standards You must continue to use one of the Subsequent NOX performance tests shall
during each hour. For hours with other sampling options until all of the be conducted on an annual basis (no
multiple emissions standards, the oil from the delivery has been more than 14 calendar months following
applicable limit for that hour is combusted, and you must evaluate
the previous performance test).
determined based on the condition that excess emissions according to paragraph
(a) of this section. When all of the fuel (1) There are two general
corresponded to the highest emissions
from the delivery has been burned, you methodologies that you may use to
standard.
may resume using the as-delivered conduct the performance tests. For each
(c) For turbines required to monitor sampling option. test run:
combustion parameters or parameters (c) A period of monitor downtime (i) Measure the NOX concentration (in
that document proper operation of the begins when a required sample is not parts per million (ppm)), using EPA
NOX emission controls: taken by its due date. A period of
Method 7E or EPA Method 20 in
(1) An excess emission is a 4-hour monitor downtime also begins on the
appendix A of this part. For units
rolling unit operating hour average in date and hour of a required sample, if
invalid results are obtained. The period complying with the output based
which any monitored parameter does standard, concurrently measure the
not achieve the target value or is outside of monitor downtime ends on the date
and hour of the next valid sample. stack gas flow rate, using EPA Methods
the acceptable range defined in the 1 and 2 in appendix A of this part, and
parameter monitoring plan for the unit. § 60.4390 What are my reporting measure and record the electrical and
(2) A period of monitor downtime is requirements if I operate an emergency thermal output from the unit. Then, use
combustion turbine or a research and
a unit operating hour in which any of development turbine?
the following equation to calculate the
the required parametric data are either NOX emission rate:
(a) If you operate an emergency
not recorded or are invalid. combustion turbine, you are exempt

1.194 × 10−7 ∗ ( NO X )c ∗ Qstd


E= ( Eq. 5)
P

Where: and mechanical output from the Methods 7E and 3A, or EPA Method 20
E = NOX emission rate, in lb/MWh combustion and steam turbines, or, for in appendix A of this part. Concurrently
1.194 × 10¥7 = conversion constant, in lb/ combined heat and power operation, the measure the heat input to the unit, using
dscf-ppm sum of all electrical and mechanical output a fuel flowmeter (or flowmeters), and
(NOX)c = average NOX concentration for the from the combustion and steam turbines
measure the electrical and thermal
run, in ppm plus all useful recovered thermal output
output of the unit. Use EPA Method 19
Qstd = stack gas volumetric flow rate, in dscf/ not used for additional electric or
jlentini on PROD1PC65 with RULES2

hr mechanical generation, in MW, calculated in appendix A of this part to calculate


P = gross electrical and mechanical energy according to § 60.4350(f)(2); or the NOX emission rate in lb/MMBtu.
output of the combustion turbine, in MW Then, use Equations 1 and, if necessary,
(for simple-cycle operation), for combined- (ii) Measure the NOX and diluent gas 2 and 3 in § 60.4350(f) to calculate the
ER06JY06.004</MATH>

cycle operation, the sum of all electrical concentrations, using either EPA NOX emission rate in lb/MWh.

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(2) Sampling traverse points for NOX diluent concentrations differs by no ambient temperature must be greater
and (if applicable) diluent gas are to be more than ±1ppm or ±0.15 percent CO2 than 0 °F during the RATA runs.
selected following EPA Method 20 or (or O2) from the mean for all traverse (b) For each RATA run, concurrently
EPA Method 1 (non-particulate points. measure the heat input to the unit using
procedures), and sampled for equal time (b) The performance test must be done a fuel flow meter (or flow meters) and
intervals. The sampling must be at any load condition within plus or measure the electrical and thermal
performed with a traversing single-hole minus 25 percent of 100 percent of peak output from the unit.
probe, or, if feasible, with a stationary load. You may perform testing at the (c) Use the test data both to
multi-hole probe that samples each of highest achievable load point, if at least demonstrate compliance with the
the points sequentially. Alternatively, a 75 percent of peak load cannot be applicable NOX emission limit under
multi-hole probe designed and achieved in practice. You must conduct § 60.4320 and to provide the required
documented to sample equal volumes three separate test runs for each reference method data for the RATA of
from each hole may be used to sample performance test. The minimum time the CEMS described under § 60.4335.
simultaneously at the required points. per run is 20 minutes. (d) Compliance with the applicable
(3) Notwithstanding paragraph (a)(2) (1) If the stationary combustion emission limit in § 60.4320 is achieved
of this section, you may test at fewer turbine combusts both oil and gas as if the arithmetic average of all of the
points than are specified in EPA Method primary or backup fuels, separate NOX emission rates for the RATA runs,
1 or EPA Method 20 in appendix A of performance testing is required for each expressed in units of ppm or lb/MWh,
this part if the following conditions are fuel. does not exceed the emission limit.
met: (2) For a combined cycle and CHP
(i) You may perform a stratification turbine systems with supplemental heat § 60.4410 How do I establish a valid
test for NOX and diluent pursuant to parameter range if I have chosen to
(duct burner), you must measure the
(A) [Reserved], or continuously monitor parameters?
total NOX emissions after the duct
(B) The procedures specified in burner rather than directly after the If you have chosen to monitor
section 6.5.6.1(a) through (e) of turbine. The duct burner must be in combustion parameters or parameters
appendix A of part 75 of this chapter. operation during the performance test. indicative of proper operation of NOX
(ii) Once the stratification sampling is (3) If water or steam injection is used emission controls in accordance with
completed, you may use the following to control NOX with no additional post- § 60.4340, the appropriate parameters
alternative sample point selection combustion NOX control and you must be continuously monitored and
criteria for the performance test: choose to monitor the steam or water to recorded during each run of the initial
(A) If each of the individual traverse fuel ratio in accordance with § 60.4335, performance test, to establish acceptable
point NOX concentrations is within ±10 then that monitoring system must be operating ranges, for purposes of the
percent of the mean concentration for operated concurrently with each EPA parameter monitoring plan for the
all traverse points, or the individual Method 20 or EPA Method 7E run and affected unit, as specified in § 60.4355.
traverse point diluent concentrations must be used to determine the fuel
differs by no more than ±5ppm or ±0.5 consumption and the steam or water to
§ 60.4415 How do I conduct the initial and
percent CO2 (or O2) from the mean for subsequent performance tests for sulfur?
fuel ratio necessary to comply with the (a) You must conduct an initial
all traverse points, then you may use applicable § 60.4320 NOX emission
three points (located either 16.7, 50.0 performance test, as required in § 60.8.
limit. Subsequent SO2 performance tests shall
and 83.3 percent of the way across the (4) Compliance with the applicable
stack or duct, or, for circular stacks or be conducted on an annual basis (no
emission limit in § 60.4320 must be
ducts greater than 2.4 meters (7.8 feet) more than 14 calendar months following
demonstrated at each tested load level.
in diameter, at 0.4, 1.2, and 2.0 meters the previous performance test). There
Compliance is achieved if the three-run
from the wall). The three points must be are three methodologies that you may
arithmetic average NOX emission rate at
located along the measurement line that use to conduct the performance tests.
each tested level meets the applicable (1) If you choose to periodically
exhibited the highest average NOX emission limit in § 60.4320.
concentration during the stratification determine the sulfur content of the fuel
(5) If you elect to install a CEMS, the
test; or combusted in the turbine, a
performance evaluation of the CEMS
(B) For turbines with a NOX standard representative fuel sample would be
may either be conducted separately or
greater than 15 ppm @ 15% O2, you may collected following ASTM D5287
(as described in § 60.4405) as part of the
sample at a single point, located at least (incorporated by reference, see § 60.17)
initial performance test of the affected
1 meter from the stack wall or at the for natural gas or ASTM D4177
unit.
stack centroid if each of the individual (incorporated by reference, see § 60.17)
(6) The ambient temperature must be
traverse point NOX concentrations is for oil. Alternatively, for oil, you may
greater than 0 °F during the performance
within ±5 percent of the mean test.
follow the procedures for manual
concentration for all traverse points, or pipeline sampling in section 14 of
the individual traverse point diluent § 60.4405 How do I perform the initial ASTM D4057 (incorporated by
concentrations differs by no more than performance test if I have chosen to install reference, see § 60.17). The fuel analyses
±3ppm or ±0.3 percent CO2 (or O2) from a NOX-diluent CEMS? of this section may be performed either
the mean for all traverse points; or If you elect to install and certify a by you, a service contractor retained by
(C) For turbines with a NOX standard NOX-diluent CEMS under § 60.4345, you, the fuel vendor, or any other
less than or equal to 15 ppm @ 15% O2, then the initial performance test qualified agency. Analyze the samples
you may sample at a single point, required under § 60.8 may be performed for the total sulfur content of the fuel
located at least 1 meter from the stack in the following alternative manner: using:
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wall or at the stack centroid if each of (a) Perform a minimum of nine RATA (i) For liquid fuels, ASTM D129, or
the individual traverse point NOX reference method runs, with a minimum alternatively D1266, D1552, D2622,
concentrations is within ±2.5 percent of time per run of 21 minutes, at a single D4294, or D5453 (all of which are
the mean concentration for all traverse load level, within plus or minus 25 incorporated by reference, see § 60.17);
points, or the individual traverse point percent of 100 percent of peak load. The or

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(ii) For gaseous fuels, ASTM D1072, of this part. In addition, the American with the output based standard,
or alternatively D3246, D4084, D4468, Society of Mechanical Engineers concurrently measure the stack gas flow
D4810, D6228, D6667, or Gas Processors (ASME) standard, ASME PTC 19–10– rate, using EPA Methods 1 and 2 in
Association Standard 2377 (all of which 1981–Part 10, ‘‘Flue and Exhaust Gas appendix A of this part, and measure
are incorporated by reference, see Analyses,’’ manual methods for sulfur and record the electrical and thermal
§ 60.17). dioxide (incorporated by reference, see output from the unit. Then use the
(2) Measure the SO2 concentration (in § 60.17) can be used instead of EPA following equation to calculate the SO2
parts per million (ppm)), using EPA Methods 6 or 20. For units complying emission rate:
Methods 6, 6C, 8, or 20 in appendix A

1.664 × 10−7 ∗ ( SO 2 )c ∗ Qstd


E= ( Eq. 6 )
P

Where: Combined heat and power used as peaking units at electric utilities
E = SO2 emission rate, in lb/MWh combustion turbine means any or stationary combustion turbines at
1.664 × 10¥7 = conversion constant, in lb/ stationary combustion turbine which industrial facilities that typically
dscf-ppm recovers heat from the exhaust gases to operate at low capacity factors.
(SO2)c = average SO2 concentration for the heat water or another medium, generate Emergency combustion turbines may be
run, in ppm
Qstd = stack gas volumetric flow rate, in dscf/ steam for useful purposes other than operated for the purpose of maintenance
hr additional electric generation, or checks and readiness testing, provided
P = gross electrical and mechanical energy directly uses the heat in the exhaust that the tests are required by the
output of the combustion turbine, in MW gases for a useful purpose. manufacturer, the vendor, or the
(for simple-cycle operation), for combined- Combustion turbine model means a insurance company associated with the
cycle operation, the sum of all electrical group of combustion turbines having the turbine. Required testing of such units
and mechanical output from the same nominal air flow, combustor inlet should be minimized, but there is no
combustion and steam turbines, or, for
combined heat and power operation, the
pressure, combustor inlet temperature, time limit on the use of emergency
sum of all electrical and mechanical output firing temperature, turbine inlet combustion turbines.
from the combustion and steam turbines temperature and turbine inlet pressure. Excess emissions means a specified
plus all useful recovered thermal output Combustion turbine test cell/stand averaging period over which either (1)
not used for additional electric or means any apparatus used for testing the NOX emissions are higher than the
mechanical generation, in MW, calculated uninstalled stationary or uninstalled applicable emission limit in § 60.4320;
according to § 60.4350(f)(2); or mobile (motive) combustion turbines. (2) the total sulfur content of the fuel
(3) Measure the SO2 and diluent gas Diffusion flame stationary combustion being combusted in the affected facility
concentrations, using either EPA turbine means any stationary exceeds the limit specified in § 60.4330;
Methods 6, 6C, or 8 and 3A, or 20 in combustion turbine where fuel and air or (3) the recorded value of a particular
appendix A of this part. In addition, you are injected at the combustor and are monitored parameter is outside the
may use the manual methods for sulfur mixed only by diffusion prior to acceptable range specified in the
dioxide ASME PTC 19–10–1981–Part 10 ignition. parameter monitoring plan for the
(incorporated by reference, see § 60.17). Duct burner means a device that affected unit.
Concurrently measure the heat input to combusts fuel and that is placed in the Gross useful output means the gross
the unit, using a fuel flowmeter (or exhaust duct from another source, such useful work performed by the stationary
flowmeters), and measure the electrical as a stationary combustion turbine, combustion turbine system. For units
and thermal output of the unit. Use EPA internal combustion engine, kiln, etc., to using the mechanical energy directly or
Method 19 in appendix A of this part to allow the firing of additional fuel to heat generating only electricity, the gross
calculate the SO2 emission rate in lb/ the exhaust gases before the exhaust useful work performed is the gross
MMBtu. Then, use Equations 1 and, if gases enter a heat recovery steam electrical or mechanical output from the
necessary, 2 and 3 in § 60.4350(f) to generating unit. turbine/generator set. For combined
calculate the SO2 emission rate in lb/ Efficiency means the combustion heat and power units, the gross useful
MWh. turbine manufacturer’s rated heat rate at work performed is the gross electrical or
(b) [Reserved] peak load in terms of heat input per unit mechanical output plus the useful
of power output—based on the higher thermal output (i.e., thermal energy
Definitions
heating value of the fuel. delivered to a process).
§ 60.4420 What definitions apply to this Emergency combustion turbine means Heat recovery steam generating unit
subpart? any stationary combustion turbine means a unit where the hot exhaust
As used in this subpart, all terms not which operates in an emergency gases from the combustion turbine are
defined herein will have the meaning situation. Examples include stationary routed in order to extract heat from the
given them in the Clean Air Act and in combustion turbines used to produce gases and generate steam, for use in a
subpart A (General Provisions) of this power for critical networks or steam turbine or other device that
part. equipment, including power supplied to utilizes steam. Heat recovery steam
Combined cycle combustion turbine portions of a facility, when electric generating units can be used with or
means any stationary combustion power from the local utility is without duct burners.
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turbine which recovers heat from the interrupted, or stationary combustion Integrated gasification combined
combustion turbine exhaust gases to turbines used to pump water in the case cycle electric utility steam generating
generate steam that is only used to of fire or flood, etc. Emergency unit means a coal-fired electric utility
create additional power output in a stationary combustion turbines do not steam generating unit that burns a
ER06JY06.005</MATH>

steam turbine. include stationary combustion turbines synthetic gas derived from coal in a

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Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations 38505

combined-cycle gas turbine. No solid result in highly variable sulfur content combined cycle combustion turbine,
coal is directly burned in the unit or heating value. and any combined heat and power
during operation. Noncontinental area means the State combustion turbine based system.
ISO conditions means 288 Kelvin, 60 of Hawaii, the Virgin Islands, Guam, Stationary means that the combustion
percent relative humidity and 101.3 American Samoa, the Commonwealth of turbine is not self propelled or intended
kilopascals pressure. Puerto Rico, the Northern Mariana to be propelled while performing its
Lean premix stationary combustion Islands, or offshore platforms. function. It may, however, be mounted
Peak load means 100 percent of the on a vehicle for portability.
turbine means any stationary
manufacturer’s design capacity of the Unit operating day means a 24-hour
combustion turbine where the air and
combustion turbine at ISO conditions. period between 12 midnight and the
fuel are thoroughly mixed to form a lean Regenerative cycle combustion
mixture before delivery to the following midnight during which any
turbine means any stationary fuel is combusted at any time in the
combustor. Mixing may occur before or combustion turbine which recovers heat
in the combustion chamber. A lean unit. It is not necessary for fuel to be
from the combustion turbine exhaust
premixed turbine may operate in combusted continuously for the entire
gases to preheat the inlet combustion air
diffusion flame mode during operating 24-hour period.
to the combustion turbine.
conditions such as startup and Simple cycle combustion turbine Unit operating hour means a clock
shutdown, extreme ambient means any stationary combustion hour during which any fuel is
temperature, or low or transient load. turbine which does not recover heat combusted in the affected unit. If the
Natural gas means a naturally from the combustion turbine exhaust unit combusts fuel for the entire clock
occurring fluid mixture of hydrocarbons gases to preheat the inlet combustion air hour, it is considered to be a full unit
(e.g., methane, ethane, or propane) to the combustion turbine, or which operating hour. If the unit combusts fuel
produced in geological formations does not recover heat from the for only part of the clock hour, it is
beneath the Earth’s surface that combustion turbine exhaust gases for considered to be a partial unit operating
maintains a gaseous state at standard purposes other than enhancing the hour.
atmospheric temperature and pressure performance of the combustion turbine Useful thermal output means the
under ordinary conditions. itself. thermal energy made available for use in
Additionally, natural gas must either be Stationary combustion turbine means any industrial or commercial process, or
composed of at least 70 percent methane all equipment, including but not limited used in any heating or cooling
by volume or have a gross calorific to the turbine, the fuel, air, lubrication application, i.e., total thermal energy
value between 950 and 1,100 British and exhaust gas systems, control made available for processes and
thermal units (Btu) per standard cubic systems (except emissions control applications other than electrical or
foot. Natural gas does not include the equipment), heat recovery system, and mechanical generation. Thermal output
following gaseous fuels: landfill gas, any ancillary components and sub- for this subpart means the energy in
digester gas, refinery gas, sour gas, blast components comprising any simple recovered thermal output measured
furnace gas, coal-derived gas, producer cycle stationary combustion turbine, against the energy in the thermal output
gas, coke oven gas, or any gaseous fuel any regenerative/recuperative cycle at 15 degrees Celsius and 101.325
produced in a process which might stationary combustion turbine, any kilopascals of pressure.

TABLE 1.—TO SUBPART KKKK OF PART 60.—NITROGEN OXIDE EMISSION LIMITS FOR NEW STATIONARY COMBUSTION
TURBINES
Combustion turbine heat input at peak load
Combustion turbine type NOX emission standard
(HHV)

New turbine firing natural gas, electric gener- ≤ 50 MMBtu/h .................................................. 42 ppm at 15 percent O2 or 290 ng/J of useful
ating. output (2.3 lb/MWh).
New turbine firing natural gas, mechanical drive ≤ 50 MMBtu/h .................................................. 100 ppm at 15 percent O2 or 690 ng/J of use-
ful output (5.5 lb/MWh).
New turbine firing natural gas ............................ > 50 MMBtu/h and ≤ 850 MMBtu/h ................. 25 ppm at 15 percent O2 or 150 ng/J of useful
output (1.2 lb/MWh).
New, modified, or reconstructed turbine firing > 850 MMBtu/h ................................................ 15 ppm at 15 percent O2 or 54 ng/J of useful
natural gas. output (0.43 lb/MWh)
New turbine firing fuels other than natural gas, ≤ 50 MMBtu/h .................................................. 96 ppm at 15 percent O2 or 700 ng/J of useful
electric generating. output (5.5 lb/MWh).
New turbine firing fuels other than natural gas, ≤ 50 MMBtu/h .................................................. 150 ppm at 15 percent O2 or 1,100 ng/J of
mechanical drive. useful output (8.7 lb/MWh).
New turbine firing fuels other than natural gas .. > 50 MMBtu/h and ≤ 850 MMBtu/h ................. 74 ppm at 15 percent O2 or 460 ng/J of useful
output (3.6 lb/MWh).
New, modified, or reconstructed turbine firing > 850 MMBtu/h ................................................ 42 ppm at 15 percent O2 or 160 ng/J of useful
fuels other than natural gas. output (1.3 lb/MWh).
Modified or reconstructed turbine ....................... ≤ 50 MMBtu/h .................................................. 150 ppm at 15 percent O2 or 1,100 ng/J of
useful output (8.7 lb/MWh).
Modified or reconstructed turbine firing natural > 50 MMBtu/h and ≤ 850 MMBtu/h ................. 42 ppm at 15 percent O2 or 250 ng/J of useful
gas. output (2.0 lb/MWh).
Modified or reconstructed turbine firing fuels > 50 MMBtu/h and ≤ 850 MMBtu/h ................. 96 ppm at 15 percent O2 or 590 ng/J of useful
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other than natural gas. output (4.7 lb/MWh).

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38506 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations

TABLE 1.—TO SUBPART KKKK OF PART 60.—NITROGEN OXIDE EMISSION LIMITS FOR NEW STATIONARY COMBUSTION
TURBINES—Continued
Combustion turbine heat input at peak load
Combustion turbine type NOX emission standard
(HHV)

Turbines located north of the Arctic Circle (lati- ≤ 30 MW output ............................................... 150 ppm at 15 percent O2 or 1,100 ng/J of
tude 66.5 degrees north), turbines operating useful output (8.7 lb/MWh).
at less than 75 percent of peak load, modi-
fied and reconstructed offshore turbines, and
turbine operating at temperatures less than
0°F.
Turbines located north of the Arctic Circle (lati- > 30 MW output ............................................... 96 ppm at 15 percent O2 or 590 ng/J of useful
tude 66.5 degrees north), turbines operating output (4.7 lb/MWh).
at less than 75 percent of peak load, modi-
fied and reconstructed offshore turbines, and
turbine operating at temperatures less than
0°F.
Heat recovery units operating independent of All sizes ............................................................ 54 ppm at 15 percent O2 or 110 ng/J of useful
the combustion turbine. output (0.86 lb/MWh).

[FR Doc. 06–5945 Filed 7–5–06; 8:45 am]


BILLING CODE 6560–50–P
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