40 C.F.R. § 60.43

Standard for sulfur dioxide (SO2)

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(a) Except as provided under paragraph (d) 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 contain SO2 in excess of:

(1) 340 ng/J heat input (0.80 lb/MMBtu) derived from liquid fossil fuel or liquid fossil fuel and wood residue.

(2) 520 ng/J heat input (1.2 lb/MMBtu) derived from solid fossil fuel or solid fossil fuel and wood residue, except as provided in paragraph (e) of this section.

(b) Except as provided under paragraph (d) of this section, when different fossil fuels are burned simultaneously in any combination, the applicable standard (in ng/J) shall be determined by proration using the following formula:

Where:

PSSO2 = Prorated standard for SO2 when burning different fuels simultaneously, in ng/J heat input derived from all fossil fuels or from all fossil fuels and wood residue fired;

y = Percentage of total heat input derived from liquid fossil fuel; and

z = Percentage of total heat input derived from solid fossil fuel.

(d) As an alternate to meeting the requirements of paragraphs (a) and (b) of this section, an owner or operator can petition the Administrator (in writing) to comply with § 60.43Da(i)(3) of subpart Da of this part or comply with § 60.42b(k)(4) of subpart Db of this part, as applicable to the affected source. 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 § 60.43Da(i)(3) of subpart Da of this part or § 60.42b(k)(4) of subpart Db of this part, as applicable to the affected source.

(e) Units 1 and 2 (as defined in appendix G of this part) at the Newton Power Station owned or operated by the Central Illinois Public Service Company will be in compliance with paragraph (a)(2) of this section if Unit 1 and Unit 2 individually comply with paragraph (a)(2) of this section or if the combined emission rate from Units 1 and 2 does not exceed 470 ng/J (1.1 lb/MMBtu) combined heat input to Units 1 and 2.

[60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5077, Jan. 28, 2009]

Notes of Decisions

Cited in 5 cases, 1977–1996 · leading case: United States v. City of Painesville

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United States v. City of Painesville (1977) ohnd · cites it 8× “Painesville does not contest that Unit 5’s emissions violate the standards set by 40 C.F.R. § 60.43 if they apply. 1 However, Painesville claims that 40 C.”

Texas Municipal Power Agency v. Environmental Protection Agency (1996) cadc · cites it 2× “23, 1971), codified at 40 C.F.R. § 60.43 (b) (1972), the reference was later removed, see 39 Fed.”

United States v. City of Painesville, Ohio (1981) ca6 “EPA’s S02 standard for new sources, which is published at 40 C.F.R. § 60.43 (1980), allows 1.2 lbs.”

Ppg Industries, Inc. v. Adlene Harrison, Regional Administrator and Anne M. Gorsuch, Administrator of Environmental Prot (1981) ca5 “40 C.F.R. § 60.43 (as revised in 1976). The EPA argues it properly applied this performance standard regulation to PPG’s waste heat boilers.”

Natural Resources Defense Council, Inc. v. Thomas (1988) cadc “2 pounds per million Btu for plants built between 1971 and 1978, 40 C.F.R. § 60.43 (a)(2), and thus obviously does not fit the control-first model.”

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