40 C.F.R. § 60.102

Standard for particulate matter

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Each owner or operator of any fluid catalytic cracking unit catalyst regenerator that is subject to the requirements of this subpart shall comply with the emission limitations set forth in this section on and after the date on which the initial performance test, required by § 60.8, is completed, but not later than 60 days after achieving the maximum production rate at which the fluid catalytic cracking unit catalyst regenerator will be operated, or 180 days after initial startup, whichever comes first.

(a) No owner or operator subject to the provisions of this subpart shall discharge or cause the discharge into the atmosphere from any fluid catalytic cracking unit catalyst regenerator:

(1) Particulate matter in excess of 1.0 kg/Mg (2.0 lb/ton) of coke burn-off in the catalyst regenerator.

(2) Gases exhibiting greater than 30 percent opacity, except for one six-minute average opacity reading in any one hour period.

(b) Where the gases discharged by the fluid catalytic cracking unit catalyst regenerator pass through an incinerator or waste heat boiler in which auxiliary or supplemental liquid or solid fossil fuel is burned, particulate matter in excess of that permitted by paragraph (a)(1) of this section may be emitted to the atmosphere, except that the incremental rate of particulate matter emissions shall not exceed 43 grams per Gigajoule (g/GJ) (0.10 lb/million British thermal units (Btu)) of heat input attributable to such liquid or solid fossil fuel.

[39 FR 9315, Mar. 8, 1974, as amended at 42 FR 32427, June 24, 1977; 42 FR 39389, Aug. 4, 1977; 43 FR 10868, Feb. 15, 1978; 54 FR 34027, Aug. 17, 1989; 65 FR 61753, Oct. 17, 2000; 73 FR 35866, June 24, 2008]

Notes of Decisions

Cited in 2 cases, 1979–1999 · leading case: Anderson v. Farmland Indus., Inc., 70 F. Supp. 2d 1218 (D. Kan. 1999).

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Anderson v. Farmland Indus., Inc., 70 F. Supp. 2d 1218 (D. Kan. 1999). “In the five years prior to plaintiffs’ filing of their complaint, the FCCU catalyst re-generator at Farmland’s Coffeyville Refinery discharged excess opacity in amounts greater than the 30% emission limit, set forth in 40 C.F.R. § 60.102 (a)(2), on 396 days. Farmland reported…”

Donner Hanna Coke Corp. v. Costle, 464 F. Supp. 1295 (W.D.N.Y. 1979). “42 and fluid catalytic cracking unit catalyst regenerators in 40 CFR 60.102 and numerous opacity standards in State implementation plans specify, various time exceptions.”

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