(a) Except as provided under paragraphs (b), (c), (d), and (e) of this section, on and after the date on which the performance test required to be conducted by § 60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases that:
(1) Contain PM in excess of 43 nanograms per joule (ng/J) heat input (0.10 lb/MMBtu) derived from fossil fuel or fossil fuel and wood residue.
(2) Exhibit greater than 20 percent opacity except for one six-minute period per hour of not more than 27 percent opacity.
(b)(1) On or after December 28, 1979, no owner or operator shall cause to be discharged into the atmosphere from the Southwestern Public Service Company's Harrington Station #1, in Amarillo, TX, any gases which exhibit greater than 35 percent opacity, except that a maximum or 42 percent opacity shall be permitted for not more than 6 minutes in any hour.
(2) Interstate Power Company shall not cause to be discharged into the atmosphere from its Lansing Station Unit No. 4 in Lansing, IA, any gases which exhibit greater than 32 percent opacity, except that a maximum of 39 percent opacity shall be permitted for not more than six minutes in any hour.
(c) As an alternate to meeting the requirements of paragraph (a) of this section, an owner or operator that elects to install, calibrate, maintain, and operate a continuous emissions monitoring systems (CEMS) for measuring PM emissions can petition the Administrator (in writing) to comply with § 60.42Da(a) of subpart Da of this part. If the Administrator grants the petition, the source will from then on (unless the unit is modified or reconstructed in the future) have to comply with the requirements in § 60.42Da(a) of subpart Da of this part.
(d) An owner or operator of an affected facility that combusts only natural gas is exempt from the PM and opacity standards specified in paragraph (a) of this section.
(e) An owner or operator of an affected facility that combusts only gaseous or liquid fossil fuel (excluding residual oil) with potential SO2 emissions rates of 26 ng/J (0.060 lb/MMBtu) or less and that does not use post-combustion technology to reduce emissions of SO2 or PM is exempt from the PM standards specified in paragraph (a) of this section.
[60 FR 65415, Dec. 19, 1995, as amended at 76 FR 3522, Jan. 20, 2011; 74 FR 5077, Jan. 28, 2009; 77 FR 9447, Feb. 16, 2012]
Notes of Decisions
Util. Air Regulatory Grp. v. Env't Prot. Agency, 744 F.3d 741 (D.C. Cir. 2014).
“See 40 C.F.R. § 60.42 . 3 If a unit that was using a particulate matter OEMS did not comply with the lower limit, the 2009 rule required it “to either use a COMS or perform periodic visual inspections to comply with the opacity standard.”
Essex Chem. Corp. v. Ruckelshaus, 486 F.2d 427 (D.C. Cir. 1973).
“See 40 C.F.R. §§ 60.42 (a), 60.83(a), which set quantitative limits based upon emissions actually detected by appropriately objective test methods.”
Citizens for Clean Power v. Indian River Power, LLC, 636 F. Supp. 2d 351 (D. Del. 2009).
· cites it 2× “40 C.F.R. § 60.42 provides that an owner or operator of a fossil-fuel-fired steam generator shall not discharge gases "exhibiting greater than 20% opacity except for one six-minute period per hour of not more than 27% opacity.”
Donner Hanna Coke Corp. v. Costle, 464 F. Supp. 1295 (W.D.N.Y. 1979).
“However, the opacity standards for steam electric generators in 40 CFR 60.42 and fluid catalytic cracking unit catalyst regenerators in 40 CFR 60.”
Sierra Club v. Entergy Arkansas Inc (E.D. Ark. 2020).
· cites it 3× “Plaintiffs allege 5 Case 4:18-cv-00854-KGB Document 81 Filed 11/30/20 Page 6 of 64 violations of the opacity standard in 40 C.F.R. § 60.42 (a)(2) and of the opacity standard “in Sections 3(b) and 6 of the White Bluff Title V Permit, as renewed on January 22, 2015 (R8), September…”
N. Plains Resource Councill v. United States Env't Prot. Agency, 645 F.2d 1349 (9th Cir. 1981).
“25 The “affected facility” which the 1971 NSPS regulations govern include “fossil-fuel-fired steam generating unit[s] of more than 73 megawatts heat input rate,” 40 CFR § 60.42 (a)(1) (1980), such as the generating units built for Colstrip Units Nos.”
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