[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR76.10]

[Page 446-451]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 76--ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM--Table of Contents
 
Sec. 76.10  Alternative emission limitations.

    (a) General provisions. (1) The designated representative of an 
affected unit that is not an early election unit pursuant to Sec. 76.8 
and cannot meet the applicable emission limitation in Sec. 76.5, 76.6, 
or 76.7 using, for Group 1 boilers, either low NOX burner 
technology or an alternative technology in accordance with paragraph 
(e)(11) of this section, or, for tangentially fired boilers, separated 
overfire air, or, for Group 2 boilers, the technology on which the 
applicable emission limitation is based may petition the permitting 
authority for an alternative emission limitation less stringent than the 
applicable emission limitation.
    (2) In order for the unit to qualify for an alternative emission 
limitation, the designated representative shall demonstrate that the 
affected unit cannot meet the applicable emission limitation in 
Sec. 76.5, 76.6, or 76.7 based on a showing, to the satisfaction of the 
Administrator, that:
    (i)(A) For a tangentially fired boiler, the owner or operator has 
either properly installed low NOX burner technology or 
properly installed separated overfire air; or
    (B) For a dry bottom wall-fired boiler (other than a unit applying 
cell burner technology), the owner or operator has properly installed 
low NOX burner technology; or
    (C) For a Group 1 boiler, the owner or operator has properly 
installed an alternative technology (including but not limited to 
reburning, selective noncatalytic reduction, or selective catalytic 
reduction) that achieves NOX emission reductions demonstrated 
in accordance with paragraph (e)(11) of this section; or

[[Page 447]]

    (D) For a Group 2 boiler, the owner or operator has properly 
installed the appropriate NOX emission control technology on 
which the applicable emission limitation in Sec. 76.6 is based; and
    (ii) The installed NOX emission control system has been 
designed to meet the applicable emission limitation in Sec. 76.5, 76.6, 
or 76.7; and
    (iii) For a demonstration period of at least 15 months or other 
period of time, as provided in paragraph (f)(1) of this section:
    (A) The NOX emission control system has been properly 
installed and properly operated according to specifications and 
procedures designed to minimize the emissions of NOX to the 
atmosphere;
    (B) Unit operating data as specified in this section show that the 
unit and NOX emission control system were operated in 
accordance with the bid and design specifications on which the design of 
the NOX emission control system was based; and
    (C) Unit operating data as specified in this section, continuous 
emission monitoring data obtained pursuant to part 75 of this chapter, 
and the test data specific to the NOX emission control system 
show that the unit could not meet the applicable emission limitation in 
Sec. 76.5, 76.6, or 76.7.
    (b) Petitioning process. The petitioning process for an alternative 
emission limitation shall consist of the following steps:
    (1) Operation during a period of at least 3 months, following the 
installation of the NOX emission control system, that shows 
that the specific unit and the NOX emission control system 
was unable to meet the applicable emissions limitation under Sec. 76.5, 
76.6, or 76.7 and was operated in accordance with the operating 
conditions upon which the design of the NOX emission control 
system was based and with vendor specifications and procedures;
    (2) Submission of a petition for an alternative emission limitation 
demonstration period as specified in paragraph (d) of this section;
    (3) Operation during a demonstration period of at least 15 months, 
or other period of time as provided in paragraph (f)(1) of this section, 
that demonstrates the inability of the specific unit to meet the 
applicable emissions limitation under Sec. 76.5, 76.6, or 76.7 and the 
minimum NOX emissions rate that the specific unit can achieve 
during long-term load dispatch operation; and
    (4) Submission of a petition for a final alternative emission 
limitation as specified in paragraph (e) of this section.
    (c) Deadlines--(1) Petition for an alternative emission limitation 
demonstration period. The designated representative of the unit shall 
submit a petition for an alternative emission limitation demonstration 
period to the permitting authority after the unit has been operated for 
at least 3 months after installation of the NOX emission 
control system required under paragraph (a)(2) of this section and by 
the following deadline:
    (i) For units that seek to have an alternative emission limitation 
demonstration period apply during all or part of calendar year 1996, or 
any previous calendar year by the later of:
    (A) 120 days after startup of the NOX emission control 
system, or
    (B) May 1, 1996.
    (ii) For units that seek an alternative emission limitation 
demonstration period beginning in a calendar year after 1996, not later 
than:
    (A) 120 days after January 1 of that calendar year, or
    (B) 120 days after startup of the NOX emission control 
system if the unit is not operating at the beginning of that calendar 
year.
    (2) Petition for a final alternative emission limitation. Not later 
than 90 days after the end of an approved alternative emission 
limitation demonstration period for the unit, the designated 
representative of the unit may submit a petition for an alternative 
emission limitation to the permitting authority.
    (3) Renewal of an alternative emission limitation. In order to 
request continuation of an alternative emission limitation, the 
designated representative must submit a petition to renew the 
alternative emission limitation on the date that the application for 
renewal of the source's Acid Rain permit containing the alternative 
emission limitation is due.
    (d) Contents of petition for an alternative emission limitation 
demonstration

[[Page 448]]

period. The designated representative of an affected unit that has met 
the minimum criteria under paragraph (a) of this section and that has 
been operated for a period of at least 3 months following the 
installation of the required NOX emission control system may 
submit to the permitting authority a petition for an alternative 
emission limitation demonstration period. In the petition, the 
designated representative shall provide the following information in a 
format prescribed by the Administrator:
    (1) Identification of the unit;
    (2) The type of NOX control technology installed (e.g., 
low NOX burner technology, selective noncatalytic reduction, 
selective catalytic reduction, reburning);
    (3) If an alternative technology is installed, the time period (not 
less than 6 consecutive months) prior to installation of the technology 
to be used for the demonstration required in paragraph (e)(11) of this 
section.
    (4) Documentation as set forth in Sec. 76.14(a)(1) showing that the 
installed NOX emission control system has been designed to 
meet the applicable emission limitation in Sec. 76.5, 76.6, or 76.7 and 
that the system has been properly installed according to procedures and 
specifications designed to minimize the emissions of NOX to 
the atmosphere;
    (5) The date the unit commenced operation following the installation 
of the NOX emission control system or the date the specific 
unit became subject to the emission limitations of Sec. 76.5, 76.6, or 
76.7, whichever is later;
    (6) The dates of the operating period (which must be at least 3 
months long);
    (7) Certification by the designated representative that the owner(s) 
or operator operated the unit and the NOX emission control 
system during the operating period in accordance with: Specifications 
and procedures designed to achieve the maximum NOX reduction 
possible with the installed NOX emission control system or 
the applicable emission limitation in Sec. 76.5, 76.6, or 76.7; the 
operating conditions upon which the design of the NOX 
emission control system was based; and vendor specifications and 
procedures;
    (8) A brief statement describing the reason or reasons why the unit 
cannot achieve the applicable emission limitation in Sec. 76.5, 76.6, or 
76.7;
    (9) A demonstration period plan, as set forth in Sec. 76.14(a)(2);
    (10) Unit operating data and quality-assured continuous emission 
monitoring data (including the specific data items listed in 
Sec. 76.14(a)(3) collected in accordance with part 75 of this chapter 
during the operating period) and demonstrating the inability of the 
specific unit to meet the applicable emission limitation in Sec. 76.5, 
76.6, or 76.7 on an annual average basis while operating as certified 
under paragraph (d)(7) of this section;
    (11) An interim alternative emission limitation, in lb/mmBtu, that 
the unit can achieve during a demonstration period of at least 15 
months. The interim alternative emission limitation shall be derived 
from the data specified in paragraph (d)(10) of this section using 
methods and procedures satisfactory to the Administrator;
    (12) The proposed dates of the demonstration period (which must be 
at least 15 months long);
    (13) A report which outlines the testing and procedures to be taken 
during the demonstration period in order to determine the maximum 
NOX emission reduction obtainable with the installed system. 
The report shall include the reasons for the NOX emission 
control system's failure to meet the applicable emission limitation, and 
the tests and procedures that will be followed to optimize the 
NOX emission control system's performance. Such tests and 
procedures may include those identified in Sec. 76.15 as appropriate.
    (14) The special provisions at paragraph (g)(1) of this section.
    (e) Contents of petition for a final alternative emission 
limitation. After the approved demonstration period, the designated 
representative of the unit may petition the permitting authority for an 
alternative emission limitation. The petition shall include the 
following elements in a format prescribed by the Administrator:
    (1) Identification of the unit;
    (2) Certification that the owner(s) or operator operated the 
affected unit and

[[Page 449]]

the NOX emission control system during the demonstration 
period in accordance with: specifications and procedures designed to 
achieve the maximum NOX reduction possible with the installed 
NOX emission control system or the applicable emissions 
limitation in Sec. 76.5, 76.6, or 76.7; the operating conditions 
(including load dispatch conditions) upon which the design of the 
NOX emission control system was based; and vendor 
specifications and procedures.
    (3) Certification that the owner(s) or operator have installed in 
the affected unit all NOX emission control systems, made any 
operational modifications, and completed any planned upgrades and/or 
maintenance to equipment specified in the approved demonstration period 
plan for optimizing NOX emission reduction performance, 
consistent with the demonstration period plan and the proper operation 
of the installed NOX emission control system. Such 
certification shall explain any differences between the installed 
NOX emission control system and the equipment configuration 
described in the approved demonstration period plan.
    (4) A clear description of each step or modification taken during 
the demonstration period to improve or optimize the performance of the 
installed NOX emission control system.
    (5) Engineering design calculations and drawings that show the 
technical specifications for installation of any additional operational 
or emission control modifications installed during the demonstration 
period.
    (6) Unit operating and quality-assured continuous emission 
monitoring data (including the specific data listed in Sec. 76.14(b)) 
collected in accordance with part 75 of this chapter during the 
demonstration period and demonstrating the inability of the specific 
unit to meet the applicable emission limitation in Sec. 76.5, 76.6, or 
76.7 on an annual average basis while operating in accordance with the 
certification under paragraph (e)(2) of this section.
    (7) A report (based on the parametric test requirements set forth in 
the approved demonstration period plan as identified in paragraph 
(d)(13) of this section), that demonstrates the unit was operated in 
accordance with the operating conditions upon which the design of the 
NOX emission control system was based and describes the 
reason or reasons for the failure of the installed NOX 
emission control system to meet the applicable emission limitation in 
Sec. 76.5, 76.6, or 76.7 on an annual average basis.
    (8) The minimum NOX emission rate, in lb/mmBtu, that the 
affected unit can achieve on an annual average basis with the installed 
NOX emission control system. This value, which shall be the 
requested alternative emission limitation, shall be derived from the 
data specified in this section using methods and procedures satisfactory 
to the Administrator and shall be the lowest annual emission rate the 
unit can achieve with the installed NOX emission control 
system;
    (9) All supporting data and calculations documenting the 
determination of the requested alternative emission limitation and its 
conformance with the methods and procedures satisfactory to the 
Administrator;
    (10) The special provisions in paragraph (g)(2) of this section.
    (11) In addition to the other requirements of this section, the 
owner or operator of an affected unit with a Group 1 boiler that has 
installed an alternative technology in addition to or in lieu of low 
NOX burner technology and cannot meet the applicable emission 
limitation in Sec. 76.5 shall demonstrate, to the satisfaction of the 
Administrator, that the actual percentage reduction in NOX 
emissions (lbs/mmBtu), on an annual average basis is greater than 65 
percent of the average annual NOX emissions prior to the 
installation of the NOX emission control system. The 
percentage reduction in NOX emissions shall be determined 
using continuous emissions monitoring data for NOX taken 
during the time period (under paragraph (d)(3) of this section) prior to 
the installation of the NOX emission control system and 
during long-term load dispatch operation of the specific boiler.
    (f) Permitting authority's action--(1) Alternative emission 
limitation demonstration period. (i) The permitting authority may 
approve an alternative emission limitation demonstration period

[[Page 450]]

and demonstration period plan, provided that the requirements of this 
section are met to the satisfaction of the permitting authority. The 
permitting authority shall disapprove a demonstration period if the 
requirements of paragraph (a) of this section were not met during the 
operating period.
    (ii) If the demonstration period is approved, the permitting 
authority will include, as part of the demonstration period, the 4 month 
period prior to submission of the application in the demonstration 
period.
    (iii) The alternative emission limitation demonstration period will 
authorize the unit to emit at a rate not greater than the interim 
alternative emission limitation during the demonstration period on or 
after January 1, 1996 for Phase I units and the applicable date 
established in Sec. 76.6 or 76.7 for Phase II units, and until the date 
that the Administrator approves or denies a final alternative emission 
limitation.
    (iv) After an alternative emission limitation demonstration period 
is approved, if the designated representative requests an extension of 
the demonstration period in accordance with paragraph (g)(1)(i)(B) of 
this section, the permitting authority may extend the demonstration 
period by administrative amendment (under Sec. 72.83 of this chapter) to 
the Acid Rain permit.
    (v) The permitting authority shall deny the demonstration period if 
the designated representative cannot demonstrate that the unit met the 
requirements of paragraph (a)(2) of this section. In such cases, the 
permitting authority shall require that the owner or operator operate 
the unit in compliance with the applicable emission limitation in 
Sec. 76.5, 76.6, or 76.7 for the period preceding the submission of the 
application for an alternative emission limitation demonstration period, 
including the operating period, if such periods are after the date on 
which the unit is subject to the standard limit under Sec. 76.5, 76.6, 
or 76.7.
    (2) Alternative emission limitation. (i) If the permitting authority 
determines that the requirements in this section are met, the permitting 
authority will approve an alternative emission limitation and issue or 
revise an Acid Rain permit to apply the approved limitation, in 
accordance with subparts F and G of part 72 of this chapter. The permit 
will authorize the unit to emit at a rate not greater than the approved 
alternative emission limitation, starting the date the permitting 
authority revises an Acid Rain permit to approve an alternative emission 
limitation.
    (ii) If a permitting authority disapproves an alternative emission 
limitation under paragraph (a)(2) of this section, the owner or operator 
shall operate the affected unit in compliance with the applicable 
emission limitation in Sec. 76.5, 76.6, or 76.7 (unless the unit is 
participating in an approved averaging plan under Sec. 76.11) beginning 
on the date the permitting authority revises an Acid Rain permit to 
disapprove an alternative emission limitation.
    (3) Alternative emission limitation renewal. (i) If, upon review of 
a petition to renew an approved alternative emission limitation, the 
permitting authority determines that no changes have been made to the 
control technology, its operation, the operating conditions on which the 
alternative emission limitation was based, or the actual NOX 
emission rate, the alternative emission limitation will be renewed.
    (ii) If the permitting authority determines that changes have been 
made to the control technology, its operation, the fuel quality, or the 
operating conditions on which the alternative emission limitation was 
based, the designated representative shall submit, in order to renew the 
alternative emission limitation or to obtain a new alternative emission 
limitation, a petition for an alternative emission limitation 
demonstration period that meets the requirements of paragraph (d) of 
this section using a new demonstration period.
    (g) Special provisions--(1) Alternative emission limitation 
demonstration period--(i) Emission limitations. (A) Each unit with an 
approved alternative emission limitation demonstration period shall 
comply with the interim emission limitation specified in the unit's 
permit beginning on the effective date of the demonstration period 
specified in the permit and, if a timely petition for a final 
alternative emission limitation is submitted, extending until the date 
on which the permitting

[[Page 451]]

authority issues or revises an Acid Rain permit to approve or disapprove 
an alternative emission limitation. If a timely petition is not 
submitted, then the unit shall comply with the standard emission limit 
under Sec. 76.5, 76.6, or 76.7 beginning on the date the petition was 
required to be submitted under paragraph (c)(2) of this section.
    (B) When the owner or operator identifies, during the demonstration 
period, boiler operating or NOX emission control system 
modifications or upgrades that would produce further NOX 
emission reductions, enabling the affected unit to comply with or bring 
its emission rate closer to the applicable emissions limitation under 
Sec. 76.5, 76.6, or 76.7, the designated representative may submit a 
request and the permitting authority may grant, by administrative 
amendment under Sec. 72.83 of this chapter, an extension of the 
demonstration period for such period of time (not to exceed 12 months) 
as may be necessary to implement such modifications or upgrades.
    (C) If the approved interim alternative emission limitation applies 
to a unit for part, but not all, of a calendar year, the unit shall 
determine compliance for the calendar year in accordance with the 
procedures in Sec. 76.13(a).
    (ii) Operating requirements. (A) A unit with an approved alternative 
emission limitation demonstration period shall be operated under load 
dispatch conditions consistent with the operating conditions upon which 
the design of the NOX emission control system and performance 
guarantee were based, and in accordance with the demonstration period 
plan.
    (B) A unit with an approved alternative emission limitation 
demonstration period shall install all NOX emission control 
systems, make any operational modifications, and complete any upgrades 
and maintenance to equipment specified in the approved demonstration 
period plan for optimizing NOX emission reduction 
performance.
    (C) When the owner or operator identifies boiler or NOX 
emission control system operating modifications that would produce 
higher NOX emission reductions, enabling the affected unit to 
comply with, or bring its emission rate closer to, the applicable 
emission limitation under Sec. 76.5, 76.6, or 76.7, the designated 
representative shall submit an administrative amendment under Sec. 72.83 
of this chapter to revise the unit's Acid Rain permit and demonstration 
period plan to include such modifications.
    (iii) Testing requirements. A unit with an approved alternative 
emission limitation demonstration period shall monitor in accordance 
with part 75 of this chapter and shall conduct all tests required under 
the approved demonstration period plan.
    (2) Final alternative emission limitation--(i) Emission limitations. 
(A) Each unit with an approved alternative emission limitation shall 
comply with the alternative emission limitation specified in the unit's 
permit beginning on the date specified in the permit as issued or 
revised by the permitting authority to apply the final alternative 
emission limitation.
    (B) If the approved interim or final alternative emission limitation 
applies to a unit for part, but not all, of a calendar year, the unit 
shall determine compliance for the calendar year in accordance with the 
procedures in Sec. 76.13(a).


[60 FR 18761, Apr. 13, 1995, as amended at 61 FR 67163, Dec. 19, 1996]