42 U.S.C. § 7651f : US Code - Section 7651F: Nitrogen oxides emission reduction program

Search 42 U.S.C. § 7651f : US Code - Section 7651F: Nitrogen oxides emission reduction program

(a) Applicability
On the date that a coal-fired utility unit becomes an affected
unit pursuant to sections 7651c, 7651d,(!1) 7651h of this title, or
on the date a unit subject to the provisions of section 7651c(d) or
7651h(b) of this title, must meet the SO2 reduction
requirements, each such unit shall become an affected unit for
purposes of this section and shall be subject to the emission
limitations for nitrogen oxides set forth herein.
(b) Emission limitations
(1) Not later than eighteen months after November 15, 1990, the
Administrator shall by regulation establish annual allowable
emission limitations for nitrogen oxides for the types of utility
boilers listed below, which limitations shall not exceed the rates
listed below: Provided, That the Administrator may set a rate
higher than that listed for any type of utility boiler if the
Administrator finds that the maximum listed rate for that boiler
type cannot be achieved using low NOx burner technology. The
maximum allowable emission rates are as follows:
(A) for tangentially fired boilers, 0.45 lb/mmBtu;
(B) for dry bottom wall-fired boilers (other than units
applying cell burner technology), 0.50 lb/mmBtu.
After January 1, 1995, it shall be unlawful for any unit that is an
affected unit on that date and is of the type listed in this
paragraph to emit nitrogen oxides in excess of the emission rates
set by the Administrator pursuant to this paragraph.
(2) Not later than January 1, 1997, the Administrator shall, by
regulation, establish allowable emission limitations on a lb/mmBtu,
annual average basis, for nitrogen oxides for the following types
of utility boilers:
(A) wet bottom wall-fired boilers;
(B) cyclones;
(C) units applying cell burner technology;
(D) all other types of utility boilers.
The Administrator shall base such rates on the degree of reduction
achievable through the retrofit application of the best system of
continuous emission reduction, taking into account available
technology, costs and energy and environmental impacts; and which
is comparable to the costs of nitrogen oxides controls set pursuant
to subsection (b)(1) of this section. Not later than January 1,
1997, the Administrator may revise the applicable emission
limitations for tangentially fired and dry bottom, wall-fired
boilers (other than cell burners) to be more stringent if the
Administrator determines that more effective low NOx burner
technology is available: Provided, That, no unit that is an
affected unit pursuant to section 7651c of this title and that is
subject to the requirements of subsection (b)(1) of this section,
shall be subject to the revised emission limitations, if any.
(c) Revised performance standards
(1) (!2) Not later than January 1, 1993, the Administrator shall
propose revised standards of performance to section 7411 of this
title for nitrogen oxides emissions from fossil-fuel fired steam
generating units, including both electric utility and nonutility
units. Not later than January 1, 1994, the Administrator shall
promulgate such revised standards of performance. Such revised
standards of performance shall reflect improvements in methods for
the reduction of emissions of oxides of nitrogen.
(d) Alternative emission limitations
The permitting authority shall, upon request of an owner or
operator of a unit subject to this section, authorize an emission
limitation less stringent than the applicable limitation
established under subsection (b)(1) or (b)(2) of this section upon
a determination that -
(1) a unit subject to subsection (b)(1) of this section cannot
meet the applicable limitation using low NOx burner
technology; or
(2) a unit subject to subsection (b)(2) of this section cannot
meet the applicable rate using the technology on which the
Administrator based the applicable emission limitation.
The permitting authority shall base such determination upon a
showing satisfactory to the permitting authority, in accordance
with regulations established by the Administrator not later than
eighteen months after November 15, 1990, that the owner or operator
-
(1) has properly installed appropriate control equipment
designed to meet the applicable emission rate;
(2) has properly operated such equipment for a period of
fifteen months (or such other period of time as the Administrator
determines through the regulations), and provides operating and
monitoring data for such period demonstrating that the unit
cannot meet the applicable emission rate; and
(3) has specified an emission rate that such unit can meet on
an annual average basis.
The permitting authority shall issue an operating permit for the
unit in question, in accordance with section 7651g of this title
and part B (!3) of title III -
(i) that permits the unit during the demonstration period
referred to in subparagraph (2) above, to emit at a rate in
excess of the applicable emission rate;
(ii) at the conclusion of the demonstration period to revise
the operating permit to reflect the alternative emission rate
demonstrated in paragraphs (2) and (3) above.
Units subject to subsection (b)(1) of this section for which an
alternative emission limitation is established shall not be
required to install any additional control technology beyond low
NOx burners. Nothing in this section shall preclude an owner or
operator from installing and operating an alternative NOx
control technology capable of achieving the applicable emission
limitation. If the owner or operator of a unit subject to the
emissions limitation requirements of subsection (b)(1) of this
section demonstrates to the satisfaction of the Administrator that
the technology necessary to meet such requirements is not in
adequate supply to enable its installation and operation at the
unit, consistent with system reliability, by January 1, 1995, then
the Administrator shall extend the deadline for compliance for the
unit by a period of 15 months. Any owner or operator may petition
the Administrator to make a determination under the previous
sentence. The Administrator shall grant or deny such petition
within 3 months of submittal.
(e) Emissions averaging
In lieu of complying with the applicable emission limitations
under subsection (b)(1), (2), or (d) of this section, the owner or
operator of two or more units subject to one or more of the
applicable emission limitations set pursuant to these sections, may
petition the permitting authority for alternative contemporaneous
annual emission limitations for such units that ensure that (1) the
actual annual emission rate in pounds of nitrogen oxides per
million Btu averaged over the units in question is a rate that is
less than or equal to (2) the Btu-weighted average annual emission
rate for the same units if they had been operated, during the same
period of time, in compliance with limitations set in accordance
with the applicable emission rates set pursuant to subsections
(b)(1) and (2) of this section.
If the permitting authority determines, in accordance with
regulations issued by the Administrator not later than eighteen
months after November 15, 1990; (!4) that the conditions in the
paragraph above can be met, the permitting authority shall issue
operating permits for such units, in accordance with section 7651g
of this title and part B (!3) of title III, that allow alternative
contemporaneous annual emission limitations. Such emission
limitations shall only remain in effect while both units continue
operation under the conditions specified in their respective
operating permits.