40 C.F.R. § 60.41

Definitions

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As used in this subpart, all terms not defined herein shall have the meaning given them in the Act, and in subpart A of this part.

Boiler operating day means a 24-hour period between 12 midnight and the following midnight during which any fuel is combusted at any time in the steam-generating unit. It is not necessary for fuel to be combusted the entire 24-hour period.

Coal means all solid fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D388 (incorporated by reference, see § 60.17).

Coal refuse means waste-products of coal mining, cleaning, and coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix material, clay, and other organic and inorganic material.

Fossil fuel means natural gas, petroleum, coal, and any form of solid, liquid, or gaseous fuel derived from such materials for the purpose of creating useful heat.

Fossil fuel and wood residue-fired steam generating unit means a furnace or boiler used in the process of burning fossil fuel and wood residue for the purpose of producing steam by heat transfer.

Fossil-fuel-fired steam generating unit means a furnace or boiler used in the process of burning fossil fuel for the purpose of producing steam by heat transfer.

Natural gas means a fluid mixture of hydrocarbons (e.g., methane, ethane, or propane), composed of at least 70 percent methane by volume or that has a gross calorific value between 35 and 41 megajoules (MJ) per dry standard cubic meter (950 and 1,100 Btu per dry standard cubic foot), that maintains a gaseous state under ISO conditions. In addition, natural gas contains 20.0 grains or less of total sulfur per 100 standard cubic feet. Finally, natural gas does not include the following gaseous fuels: landfill gas, digester gas, refinery gas, sour gas, blast furnace gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel produced in a process which might result in highly variable sulfur content or heating value.

Wood residue means bark, sawdust, slabs, chips, shavings, mill trim, and other wood products derived from wood processing and forest management operations.

[72 FR 32717, June 13, 2007, as amended at 77 FR 9447, Feb. 16, 2012]

Notes of Decisions

Cited in 7 cases, 1973–2016 · leading case: Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee, Inc., 681 S.E.2d 203 (Ga. Ct. App. 2009).

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Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee, Inc., 681 S.E.2d 203 (Ga. Ct. App. 2009). · cites it 3× “” 40 CFR § 60.41 Da (2008). According to the court, these provisions showed that the CAA defined both types of plants as “fossil-fuel (coal) fired steam electric plants,” and therefore the CAA mandated consideration of IGCC technology in the BACT analysis for the proposed…”

State ex rel. Darwin v. U.S. Env't Prot. Agency, 815 F.3d 519 (9th Cir. 2016). “” 40 C.F.R. § 60.41 . At the end of each boiler operating day, emissions are measured and a new 30-day rolling average is calculated.”

Essex Chem. Corp. v. Ruckelshaus, 486 F.2d 427 (D.C. Cir. 1973). · cites it 2× “” 40 C.F.R. § 60.41 (c). In the instance of both acid mist and particulate matter alternative methods of measurement other than the opacity test are promulgated.”

Sierra Pac. Power Co. & Idaho Power Co. v. United States Env't Prot. Agency, 647 F.2d 60 (9th Cir. 1981). “” 40 C.F.R. § 60.41 (a). Therefore the EPA must look to the Unit 2 boiler facility, by itself, in determining whether construction has commenced, and disregard the progress of construction on Unit 1, or on the facilities that will be shared by both units.”

Ppg Indus., Inc. v. Adlene Harrison, Reg'l Adm'r & Anne M. Gorsuch, Adm'r of Env't Prot. Agency, 660 F.2d 628 (5th Cir. 1981). “PPG contends this definition includes only boilers operating entirely on fossil fuel, and does not include PPG’s waste heat boilers which use a combination of fossil fuel and waste heat gases. Neither the language of the definition nor the intent of the steam generating unit…”

United States v. City of Painesville, 431 F. Supp. 496 (N.D. Ohio 1977). “A fossil-fuel fired steam generator is a boiler, see, 40 C.F.R. § 60.41 (a). It follows, in this case, that the “affected facility” of Unit 5 is the boiler, because it is the apparatus to which the emission standards are applicable.”

Arizona Ex Rel. Henry Darwin v. Usepa (9th Cir. 2016). “” 40 C.F.R. § 60.41 . At the end of each boiler operating day, emissions are measured and a new 30-day rolling average is calculated.”

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