[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: 40CFR76.12]
[Page 454-456]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 76--ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM--Table of Contents
Sec. 76.12 Phase I NOX compliance extension.
(a) General provisions. (1) The designated representative of a Phase
I unit with a Group 1 boiler may apply for and receive a 15-month
extension of the deadline for meeting the applicable emissions
limitation under Sec. 76.5 where it is demonstrated, to the satisfaction
of the Administrator, that:
(i) The low NOX burner technology designed to meet the
applicable emission limitation is not in adequate supply to enable
installation and operation at the unit, consistent with system
reliability, by January 1, 1995 and the reliability problems are due
substantially to NOX emission control system installation and
availability; or
(ii) The unit is participating in an approved clean coal technology
demonstration project.
(2) In order to obtain a Phase I NOX compliance
extension, the designated representative shall submit a Phase I
NOX compliance extension plan by October 1, 1994.
(b) Contents of Phase I NOX compliance extension plan. A
complete Phase I NOX compliance extension plan shall include
the following elements in a format prescribed by the Administrator:
(1) Identification of the unit.
(2) For units applying pursuant to paragraph (a)(1)(i) of this
section:
(i) A list of the company names, addresses, and telephone numbers of
vendors who are qualified to provide the services and low NOX
burner technology designed to meet the applicable emission limitation
under Sec. 76.5 and have been contacted to obtain the required services
and technology. The list shall include the dates of contact, and a copy
of each request for bids shall be submitted, along with any other
information necessary to show a good-faith effort to obtain the required
services and technology necessary to meet the requirements of this part
on or before January 1, 1995.
(ii) A copy of those portions of a legally binding contract with a
qualified vendor that demonstrate that services and low NOX
burner technology designed to meet the applicable emission limitation
under Sec. 76.5, with a completion date not later than December 31, 1995
have been contracted for.
(iii) Scheduling information, including justification and test
schedules.
(iv) To demonstrate, if applicable, that the supply of the low
NOX burner technology designed to meet the applicable
emission limitation under Sec. 76.5 is inadequate to enable its
installation and operation at the unit, consistent with system
reliability, in time for the unit to comply with the applicable emission
limitation on or before January 1, 1995, either:
(A) Certification from the selected vendor(s) (by a certifying
official) listed in paragraph (b)(2)(i) of this section stating that
they cannot provide the necessary services and install the low
NOX burner technology on or before January 1, 1995 and
explaining the reasons why the services cannot be provided and why the
equipment cannot be installed in a timely manner; or
(B) The following information:
(i) Standard load forecasts, based on standard forecasting models
available throughout the utility industry and applied to the period,
January 1, 1993, through December 31, 1994.
[[Page 455]]
(ii) Specific reasons why an outage cannot be scheduled to enable
the unit to install and operate the low NOX burner technology
by January 1, 1995, including reasons why no other units can be used to
replace this unit's generation during such outage.
(iii) Fuel and energy balance summaries and power and other
consumption requirements (including those for air, steam, and cooling
water).
(3) To demonstrate, if applicable, participation in an approved
clean coal technology demonstration project, a description of the
project, including all sources of Federal, State, and other outside
funding, amount and date for approval of Federal funding, the duration
of the project, and the anticipated completion date of the project.
(4) The special provisions in paragraph (d) of this section.
(c)(1) Administrator's action. To the extent the Administrator
determines that a Phase I NOX compliance extension plan
complies with the requirements of this section, the Administrator will
approve the plan and revise the Acid Rain permit governing the unit in
the plan in order to incorporate the plan by administrative amendment
under Sec. 72.83 of this chapter, except that the Administrator shall
have 90 days from receipt of the compliance extension plan to take final
action.
(2) The Administrator will approve or disapprove a proposed
NOX compliance extension plan within 3 months of receipt.
(d) Special provisions. (1) Emission limitations. The unit shall
comply with the applicable emission limitation under Sec. 76.5 beginning
April 1, 1996. Compliance shall be determined as specified in part 75 of
this chapter using measured values of NOX emissions and heat
input only for the portion of the year that the emission limit is in
effect.
(2) If a unit with an approved NOX compliance extension
is included in an averaging plan under Sec. 76.11 for year 1996, the
unit shall be treated, for purposes of applying Equation 1 in
Sec. 76.11(a)(6) and Equation 2 in Sec. 76.11(d)(1)(ii)(A), as subject
to the applicable emission limitation under Sec. 76.5 for the entire
year 1996.
(e) Extension until December 31, 1997. (1) The designated
representative of a Phase I unit that is subject to section 404(d) of
the Act, has a tangentially fired boiler, and is unable to install low
NOX burner technology by January 1, 1997 may submit a
petition for and receive an extension for meeting the applicable
emission limitation under Sec. 76.5 where it is demonstrated, to the
satisfaction of the Administrator, that:
(i) The unit is located at a source with two or more other units,
all of which are Phase I units that are subject to section 404(d) of the
Act and have tangentially fired boilers;
(ii) The NOX control system at the unit was scheduled to
be installed by January 1, 1997 and, because of operational problems
associated with the NOX control system, will be redesigned;
and
(iii) Installation of the redesigned low NOX burner
technology at the unit cannot be completed by January 1, 1997 without
causing system reliability problems.
(2) A complete petition shall include the following elements and
shall be submitted by April 28, 1995.
(i) Identification of the unit and the other units at the source;
(ii) A statement describing how the requirements of paragraphs
(e)(1)(ii) and (e)(1)(iii) of this section are met;
(iii) The earliest date, not later than December 31, 1997, by which
installation of the redesigned low NOX burner technology can
be completed consistent with system reliability; and
(iv) The provisions in paragraph (e)(4) of this section.
(3) To the extent the Administrator determines that a Phase I unit
meets the requirements of paragraphs (e)(1) and (e)(2) of this section,
the Administrator will approve the petition within 90 days from receipt
of the complete petition. The Acid Rain permit governing the unit will
be revised in order to incorporate the approved extension, which shall
terminate no later than December 31, 1997, by administrative amendment
under Sec. 72.83 of this chapter except that the Administrator will have
90 days to take final action.
(4) The unit shall comply with the applicable emission limitation
under Sec. 76.5 beginning on the day immediately
[[Page 456]]
following the day on which the extension approved under paragraph (e)(3)
of this section terminates. Compliance shall be determined as specified
in part 75 of this chapter using measured values of NOX
emissions and heat input only for the portion of the year that the
emission limit is in effect. If a unit with an approved extension is
included in an averaging plan under Sec. 76.11 for year 1997, the unit
shall be treated, for the purpose of applying Equation 1 in
Sec. 76.11(a)(6) and Equation 2 in Sec. 76.11(d)(1)(ii)(A), as subject
to the applicable emission limitation under Sec. 76.5 for the entire
year 1997.