40 Cfr Part 76-Acid Rain Nitrogen Oxides Emission Reduction Program

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40 CFR Ch. I (7–1–00 Edition)Pt. 76

required sample of fuel carbon content areeither missing or invalid. The substitute

data value shall be used until the next validcarbon content sample is obtained.

TABLE G–1.—MISSING DATA SUBSTITUTION PROCEDURES FOR MISSING CARBON CONTENT DATA

Parameter Sampling technique/frequency Missing data value

Oil and coal carbon content ................... ... All oil and coal samples, prior to April 1,2000.

Most recent, previous carbon contentvalue available for that grade of oil, ordefault value, in this table.

Gas carbon content ................................. .. All gaseous fuel samples, prior to April1, 2000.

Most recent, previous carbon contentvalue available for that type of gas-eous fuel, or default value, in thistable.

Default coal carbon content .. .................... All, on and after April 1, 2000 ................. Anthracite: 90.0 percent.Bituminous: 85.0 percent.Subbituminous/Lignite: 75.0 percent.

Default oil carbon content ..... .................... All, on and after April 1, 2000 ................. 90.0 percent.

Default gas carbon content ........... ............ All, on and after April 1, 2000 ................. Natural gas: 75.0 percent.Other gaseous fuels: 90.0 percent.

5.3 Gross Calorific V alue Data

F or a gas-fi red unit using the procedures of section 2.3 of this appendix to determine CO2emissions, substitute for missing gross calo-rific value data used to calculate heat inputby following the missing data procedures forgross calorific value in section 2.4 of appen-dix D to thi s part.

[58 F R 3701, J an. 11, 1993, as amended at 60F R 26556-26557, May 17, 1995; 61 F R 25585, May22, 1996; 64 F R 28671, M ay 26, 1999]

A P P E N D I X H T O P A R T 75— R E V I S E D

T R A C E A B I L I T Y P ROT OCOL NO. 1 [R E -S E R V E D]

A P P E N D I X I T O P A RT 75— OP T I O N A L F —F AC TOR/F UE L F L OW M ETHOD [R E -S E R V E D]

A P P E N D I X J T O P A R T 75— CO M P L I A N C EDA T E S F O R R E V I S E D R E C O R D K E E P I N GR E QU I R E M E N T S A N D M I S S I N G DA T AP R OC EDUR ES [R E S E R V E D]

[60 FR 26557, M ay 17, 1995]

PART 76—ACID RAIN NITROGENOXIDES EMISSION REDUCTIONPROGRAM

Sec.76.1 Applicability.76.2 Definitions.76.3 General A cid Rain P rogram provisions.76.4 Incorporati on by reference.76.5 NOX emission limitations for Group 1

boilers.76.6 NOX emission limitations for Group 2

boilers.76.7 Revised NOX emission limitations for

Group 1, P hase II boil ers.

76.8 Earl y election for Group 1, P hase IIboilers.

76.9 P ermit application and complianceplans.

76.10 Al ternati ve emission limi tati ons.76.11 Emi ssions averaging.76.12 Phase I NOX compliance extension.76.13 Compli ance and excess emissions.76.14 Monitor ing, recordkeeping, and re-

porting.76.15 T est methods and procedures.

A P P E N D I X A T O P A RT 76— P H A S E I A F F E C T E DCOA L -F I R E D U T I L I T Y UN I T S WI T H GROUP 1OR CE L L BU R N E R BO I L E R S

A P P E N D I X B T O P A RT 76— P R O CE D U R E S A N DM E T H O DS F O R E S T I M A T I N G COS T S OF N I - T ROG E N OX I D E S CO NTR O L S A P P L IE D T OGROUP 1, P H A S E I BOI L E R S

A U T H O R I T Y : 42 U.S.C. 7601 and 7651 et seq.

SOURCE: 60 F R 18761, Apr. 13, 1995, unl essotherwise noted.

§ 76.1 Applicability.

(a) Except as provided in paragraphs(b) through (d) of this section, the pro-visions apply to each coal-fired utilityunit that is subject to an Acid Rainemissions limitation or reduction re-quirement for SO2 under P hase I orP hase II pursuant to sections 404, 405,or 409 of the Act.

(b) The emission limitations for NOXunder this part apply to each affectedcoal-fired utility unit subject to sec-tion 404(d) or 409(b) of t he Act on thedate the unit is required to meet theAcid Rain emissions reduction require-ment for S O2.

(c) The provisions of this part applyto each coal-fired substitution unit orcompensating unit, designated and ap-proved as a P hase I uni t pursuant t o

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Environmental Protection Agency § 76.2

§72.41 or §72.43 of t hi s chapt er as fol -lows:

(1) A coal-fired substitution unit thatis designated in a substitution planthat is approved and acti ve as of J anu-ary 1, 1995 shal l be treated as a PhaseI coal-fired utility unit for purposes of this part. In the event the designationof such unit as a substitution unit isterminated after December 31, 1995,pursuant to §72.41 of this chapter andthe unit is no longer required to meetPhase I SO2 emissions limitations, theprovisions of this part (including those

appli cable in P hase I ) will continue toapply.

(2) A coal-fired substitution unit thatis designated in a substitution planthat is not approved or not active as of

J anuary 1, 1995, or a coal -fi red compen-sating unit , shall be treated as a PhaseI I coal-fired utili ty unit for purposes of this part .

(d) T he provisions of this part forP hase I unit s apply t o each coal-fi redtransfer uni t governed by a Phase I ex-tension plan, approved pursuant to§72.42 of t his chapter, on J anuary 1,1997. Notwithstanding the precedingsentence, a coal-fired transfer unitshall be subject to the Acid Rain emis-

sions limitations for nitrogen oxidesbeginni ng on J anuary 1, 1996 i f, for thatyear, a transfer unit is allocated fewerP hase I extension r eserve allowancesthan the maximum amount that thedesignated representative could haverequested in accordance with§72.42(c)(5) of thi s chapter (as adjustedunder §72.42(d) of this chapter) unlessthe transfer unit is the last unit allo-cated Phase I extension r eserve all ow-ances under the plan.

§ 76.2 Definitions.

All terms used in this part shall havethe meaning set forth in the Act, in§72.2 of this chapter, and in this sec-

tion as follows:Al te rna t ive contemporaneous annua l

emission l imi t a t ion means the maximumallowable NOX emission rate (on a lb/mmBtu, annual average basis) assignedto an individual unit in a NOX emis-sions averaging plan pursuant to §76.10.Al te rna t ive techno logy means a con-

trol technology for reducing NOX emis-sions that is outside the scope of thedefinition of low NOX burner tech-

nology. Alternative technology doesnot include overfire air as applied towall-fired boilers or separated overfireair as applied to tangentially firedboilers.Approved clean coal technology dem-

onst ra t ion p ro jec t means a project usingfunds appropriated under the Depart-ment of E nergy’s ‘‘Clean Coal T ech-nology Demonstr ati on Program,’’ up toa t otal amount of $2,500,000,000 for com-mercial demonstration of clean coaltechnology, or similar projects fundedthrough appropriations for the Envi-

ronmental Protection Agency. TheF ederal contr ibution for a qualifyi ngproject shall be at least 20 percent of the total cost of the demonstrationproject.Ar ch- f i r ed bo i ler means a dry bottom

boiler with circular burners, or coaland air pipes, oriented downward andmounted on waterwalls that are at anangle significantly different from thehorizontal axis and the vertical axis.

T his defini t ion shal l include only thefollowing units: Holtwood unit 17,Hunlock unit 6, and Sunbury units 1A,1B, 2A , and 2B. T his defini ti on shall ex-clude dry bottom turbo fired boil ers.Cell burner boi ler means a wall-fired

boiler that utilizes two or three cir-cular burners combined into a singlevertically oriented assembly that re-sults in a compact, intense flame. Anylow NOX retrofit of a cell burner boilerthat reuses the existing cell burner,close-coupled wall opening configura-tion would not change the designationof the unit as a cell burner boil er.Coa l - f i r ed u t i l i t y un i t means a utility

unit in which the combustion of coal(or any coal-derived fuel) on a Btubasis exceeds 50.0 percent of i ts annualheat input during the following cal-endar year: for P hase I unit s, in cal-endar year 1990; and, for P hase I I uni ts,in calendar year 1995 or, for a P hase II

unit that did not combust any fuel thatresulted in the generation of elec-tricity in calendar year 1995, in anycalendar year during the period 1990–1995. F or t he purposes of this part, thisdefinition shall apply notwithstandingthe defini ti on in §72.2 of this chapter.Combust ion cont rols means technology

that minimizes NOX formation by stag-ing fuel and combustion air flows in aboiler. This definition shall include low

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40 CFR Ch. I (7–1–00 Edition)§76.2

NOX burners, overfire air, or low NOXburners with overfi re air.Cyclon e boi ler means a boiler with one

or more water-cooled horizontal cylin-drical chambers in which coal combus-tion takes place. The horizontal cylin-drical chamber(s) is (are) attached tothe bottom of the furnace. One or morecylindrical chambers are arranged ei-ther on one furnace wall or on two op-posed furnace walls. Gaseous combus-tion products exiting from the cham-ber(s) turn 90 degrees to go up throughthe boiler while coal ash exits the bot-

tom of the boiler as a molt en slag.Demonst ra t ion per iod means a period

of time not less than 15 months, ap-proved under §76.10, for demonstratingthat the affected unit cannot meet theapplicable emission limitation under§76.5, 76.6, or 76.7 and establishing t heminimum NOX emission rate that theunit can achieve during long-term loaddispatch operation.Dry bo t t om means the boiler has a

furnace bottom temperature below theash melting point and the bottom ashis removed as a solid.Economizer means the lowest tem-

perature heat exchange section of autility boiler where boiler feed water is

heated by t he flue gas.Fl ue gas means the combustion prod-

ucts arising from the combustion of fossil fuel i n a utili ty boil er.Group 1 boi ler means a tangentially

fired boiler or a dry bottom wall-firedboiler (other than a unit applying cellburner technology).Group 2 boi ler means a wet bottom

wall-fired boiler, a cyclone boiler, aboiler applying cell burner technology,a vertically fired boiler, an arch-firedboil er, or any other type of uti li ty boil -er (such as a flui dized bed or stokerboiler) that is not a Group 1 boiler.L ow NO X burners and l ow NO X burner

techno logy means commercially avail-

able combustion modifi cation NOX con-trols that minimize NOX formation byintroducing coal and its associatedcombustion air into a boiler such thatinitial combustion occurs in a mannerthat promotes rapid coaldevolatilization in a fuel-rich (i.e., oxy-gen deficient) environment and intro-duces additional air to achieve a finalfuel-lean (i.e., oxygen rich) environ-ment to complete the combustion proc-

ess. This defini ti on shall include thestaging of any portion of the combus-tion air using air nozzles or registerslocated inside any waterwall hole thatincludes a burner. T his defini ti on shallexclude the staging of any portion of the combustion ai r using air nozzles orports located outside any waterwallhole that includes a burner (commonlyreferred to as NOX ports or separatedoverfi re air ports).M ax imum Con t i nuous Steam F low a t

100% of L oad means the maximum ca-pacity of a boiler as reported in item 3(Maximum Conti nuous Steam F low at100% L oad in thousand pounds perhour), Section C ( design parameters),Part III (boiler information) of the De-partment of E nergy’s F orm E IA–767 for1995.Non-p lu g- in combust ion cont ro ls means

the replacement, in a cell burner boil-er, of the portions of the waterwallscontaining the cell burners by new por-tions of the waterwalls containing lowNOX burners or low NOX burners withoverfire air.Opera t ing per iod means a period of

time of not less than three consecutivemonths and that occurs not more than

one month prior to applying for an al-ternative emission limitation dem-onstration period under §76.10, duringwhich the owner or operator of an af-fected unit that cannot meet the appli -cable emission limitation:

(1) Operates the installed NOX emis-sion controls in accordance with pri-mary vendor specifications and proce-dures, with the unit operating undernormal conditi ons; and

(2) records and reports quality-as-sured continuous emission monitoring(CEM) and unit operating data accord-ing to the methods and procedures inpart 75 of this chapter.Plu g- in combust ion cont r o ls means the

replacement, in a cell burner boiler, of existing cell burners by low NOX burn-ers or low NOX burners with overfireair.Pr ima ry vendo r means the vendor of

the NOX emission control system whohas primary responsibility for pro-viding the equipment, service, andtechnical expertise necessary for de-tailed design, installation, and oper-ation of the controls, including process



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data, mechanical drawings, operatingmanuals, or any combination thereof.Reburn ing means reducing the coal

and combustion air to the main burn-ers and injecting a reburn fuel (such asgas or oil) to create a fuel-rich sec-ondary combustion zone above themain burner zone and final combustionair to create a fuel-lean burnout zone.

T he format ion of NOX is inhibited inthe main burner zone due to the re-duced combustion intensity, and NOX isdestroyed in the fuel-rich secondarycombustion zone by conversion to mo-lecular nitrogen.Select ive catalyt ic reduct ion means a

noncombustion control technologythat destroys NOX by injecting a r educ-ing agent (e.g., ammonia) into the fluegas that, in the presence of a catalyst(e.g., vanadium, titanium, or zeolite),converts NOX into molecular nitrogenand water.Select ive n oncata ly t ic r educ t ion means

a noncombustion control technologythat destroys NOX by injecting a r educ-ing agent (e.g., ammonia, urea, or cya-nuric acid) into the flue gas, down-stream of the combustion zone thatconverts NOX to molecular nitrogen,

water, and when urea or cyanuric acidare used, to carbon dioxide (CO2).Stoker boi ler means a boiler that

burns solid fuel in a bed, on a sta-tionary or moving grate, that is lo-cated at the bottom of the furnace.Tan gent ia l ly f i r ed boi le r means a boil-

er that has coal and air nozzles mount-ed in each corner of the furnace wherethe vertical furnace walls meet. Bothpulverized coal and air are directedfrom the furnace corners along a linetangential to a circle lying in a hori-zontal plane of the furnace.Tu rbo- f i red boi le r means a pulverized

coal, wall-fired boiler with burners ar-ranged on walls so that the individual

flames extend down toward the furnacebottom and then turn back up throughthe center of the furnace.Ver t ica l ly f i r ed boi le r means a dry bot-

tom boiler with circular burners, orcoal and air pipes, oriented downwardand mounted on waterwalls that arehorizontal or at an angle. This defini-tion shall include dry bottom roof-firedboilers and dry bottom top-fired boil-ers, and shall exclude dry bottom arch-

fir ed boil ers and dry bottom turbo-firedboilers.Wal l - f i red boi le r means a boiler that

has pulverized coal burners arrangedon the walls of t he furnace. T he burn-ers have discrete, individual flamesthat extend perpendicularly into thefurnace area.Wet bottom means that the ash is re-

moved from the furnace in a moltenstate. T he term ‘‘wet bottom boiler’’shall include: wet bottom wall-firedboilers, including wet bottom turbo-fired boilers; and wet bottom boilers

otherwise meeting the definition of vertically fired boilers, including wetbottom arch-fired boilers, wet bottomroof-fired boilers, and wet bottom top-fi red boi lers. T he term ‘‘wet bottomboiler’’ shall exclude cyclone boilersand tangenti all y fi red boilers.

[60 F R 18761, Apr. 13, 1995, as amended at 61F R 67162, Dec. 19, 1996]

§ 76.3 General Acid Rain Program pro-visions.

T he fol lowing provi sions of part 72 of thi s chapter shall apply to this part :

(a) §72.2 (Definit ions);(b) §72.3 (Measurements, abbrevia-

tions, and acronyms);(c) §72.4 (F ederal authorit y);(d) §72.5 (State authority );(e) §72.6 (Appli cabilit y);(f) §72.7 (New unit exemption);(g) §72.8 (Reti red unit s exemption);(h) §72.9 (Standard requirements);(i) §72.10 (Availabili ty of informa-

ti on); and(j) §72.11 (Computat ion of ti me).In addition, the procedures for ap-

peals of decisions of the Administratorunder this part are contained in part 78of thi s chapter.

§ 76.4 Incorporation by reference.

(a) The materials l isted in this sec-

tion are incorporated by reference inthe sections noted. T heseincorporations by reference (IBR’s)were approved by the Director of theF ederal Register in accordance with 5U.S .C. 552(a) and 1 CF R part 51. T hesematerials are incorporated as they ex-isted on the date of approval, and no-tice of any change in these materialswill be published in the F E D E R A L R E G-I S T E R . T he material s are available for



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40 CFR Ch. I (7–1–00 Edition)§76.5

purchase at the corresponding addressnoted below and are available for in-specti on at the Offi ce of the F ederalRegister, 800 North Capitol St., NW.,7th F loor , Sui te 700, Washington, DC,at the P ublic Informati on ReferenceUni t, U.S . EP A, 401 M S tr eet, SW.,Washington, DC, and at the L ibrary(MD–35), U.S. EP A, R esearch T ri angleP ark, North Carolina.

(b) T he foll owing materials are avail -able for purchase from at least one of the following addresses: American So-ciety for Testing and Materials

(AS T M), 1916 Race Street, P hil adel-phia, Pennsylvani a 19103; or the Uni -versity Microfilms International, 300North Zeeb Road, Ann Arbor, Michigan48106.

(1) A ST M D 3176–89, S tandard P rac-tice for Ultimate Analysis of Coal andCok e, IBR approved May 23, 1995 for§76.15.

(2) A ST M D 3172–89, S tandard P rac-ti ce for P roximate Analysis of Coal andCok e, IBR approved May 23, 1995 for§76.15.

(c) The following material is avail-able for purchase from the AmericanSociety of Mechanical Engineers(ASM E), 22 L aw Dri ve, Box 2350, F air -

field, NJ 07007–2350.(1) AS ME P erformance T est Code 4.2

(1991), Test Code for Coal P ulveri zers,I BR approved M ay 23, 1995 for §76.15.

(2) [Reserved](d) The following material is avail-

able for purchase from the AmericanNational Standards Institute, 11 West42nd St reet, N ew Y ork , NY 10036 orfrom the International Organizationfor St andardization (ISO), Case P ostale56, CH–1211 Geneve 20, Swi tzerland.

(1) ISO 9931 (December, 1991) ‘‘Coal —Sampling of P ulverized Coal Conveyedby Gases in Di rect F ir ed Coal Sy s-tems,’’ I BR approved May 23, 1995 for§76.15.

(2) [Reserved]

§ 76.5 NOX emission limitations forGroup 1 boilers.

(a) Beginning J anuary 1, 1996, or for aunit subject to section 404(d) of theAct, the date on which the unit is re-quired to meet Acid Rain emission re-duction requirements for SO2, theowner or operator of a P hase I coal-fired utility unit with a tangentially

fired boiler or a dry bottom wall-firedboiler (other than units applying cellburner technology) shall not discharge,or allow to be discharged, emissions of NOX to the atmosphere in excess of thefollowing limits, except as provided inparagraphs (c) or (e) of this section orin §76.10, 76.11, or 76.12:

(1) 0.45 lb/mmBtu of heat input on anannual average basis for tangentiallyfir ed boilers.

(2) 0.50 lb/mmBtu of heat input on anannual average basis for dry bottomwall-fired boilers (other than units ap-

plyi ng cell burner technology).(b) T he owner or operator shall deter-

mine the annual average NOX emissionrate, in lb/mmBtu, using the methodsand procedures specified in part 75 of thi s chapter.

(c) Unless the unit meets the earlyelection requirement of §76.8, theowner or operator of a coal-fired sub-stitution unit with a tangentially firedboiler or a dry bottom wall-fired boiler(other than units applying cell burnertechnology) that satisfies the require-ments of §76.1(c)(2), shall comply withthe NOX emission limitations thatapply t o Group 1, P hase II boilers.

(d) T he owner or operator of a Phase

I unit with a cell burner boiler thatconverts to a conventional wall-firedboil er on or before J anuary 1, 1995 or,for a unit subject to section 404(d) of the Act, the date the unit is requiredto meet Acid Rain emissions reductionrequirements for SO2 shall comply, bysuch respective date or J anuary 1, 1996,whichever is later, with the NOX emis-sions limitation applicable to dry bot-tom wall-fired boilers under paragraph(a) of this section, except as providedin paragraphs (c) or (e) of this sectionor in §76.10, 76.11, or 76.12.

(e) T he owner or operator of a P haseI unit with a Group 1 boiler that con-verts to a fluidized bed or other type of

utility boiler not included in Group 1boil ers on or before J anuary 1, 1995 or,for a unit subject to section 404(d) of the Act, the date the unit is requiredto meet Acid Rain emissions reductionrequirements for SO2 is exempt fromthe NOX emissions limit ati ons specifi edin paragraph (a) of this section, butshall comply with the NOX emissionlimitations for Group 2 boilers under§76.6.



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(f) E xcept as provided in §76.8 and inparagraph (c) of this section, each unitsubject to the requirements of this sec-tion is not subject to the requirementsof §76.7.


§ 76.6 NOX emission limitations forGroup 2 boilers.

(a) Beginning J anuary 1, 2000 or, for aunit subject to section 409(b) of theAct, the date on which the unit is re-

quired to meet Acid Rain emission re-duction requirements for SO2, theowner or operator of a Group 2, coal-fired boiler with a cell burner boiler,cyclone boiler, a wet bottom boiler, ora vertically fired boiler shall not dis-charge, or al low t o be discharged, emis-sions of NOX to the atmosphere in ex-cess of the following limits, except asprovided in §§76.10 or 76.11:

(1) 0.68 lb/mmBtu of heat input on anannual average basis for cell burnerboilers. The NOX emission control tech-nology on which the emission limita-tion is based is plug-in combustion con-trols or non-plug-in combustion con-trol s. Except as provided in §76.5(d),

the owner or operator of a unit with acell burner boiler that installs non-plug-in combustion controls shall com-ply wit h the emission li mitat ion appli-cable to cell burner boilers.

(2) 0.86 lb/mmBtu of heat input on anannual average basis for cyclone boil-ers with a Maximum Conti nuous SteamF low at 100% of L oad of greater than1060, in thousands of l b/hr. T he NOXemission control technology on whichthe emission limitation is based is nat-ural gas reburning or selective cata-lyt ic reduction.

(3) 0.84 lb/mmBtu of heat input on anannual average basis for wet bottomboilers, with a Maximum Continuous

St eam F low at 100% of L oad of greaterthan 450, in thousands of lb/hr. T he NOXemission control technology on whichthe emission limitation is based is nat-ural gas reburning or selective cata-lyt ic reduction.

(4) 0.80 lb/mmBtu of heat input on anannual average basis for verticallyfir ed boil ers. The NOX emission contr oltechnology on which the emission li mi-tation is based is combustion controls.

(b) T he owner or operator shall deter-mine the annual average NOX emissionrate, in lb/mmBtu, using the methodsand procedures specified in part 75 of thi s chapter.

[62 F R 67162, Dec. 19, 1996; 62 FR 3464, J an. 23,1997; 62 FR 32040, J une 12, 1997; 64 F R 55838,Oct. 15, 1999]

§76.7 Revised NOX emission limita-tions for Group 1, Phase II boilers.

(a) Beginni ng J anuary 1, 2000, theowner or operat or of a Group 1, Phase

II coal-fired utility unit with a tangen-ti ally fired boiler or a dry bottom wall-fired boiler shall not discharge, orallow to be discharged, emissions of NOX to the atmosphere in excess of thefollowing limits, except as provided in§§76.8, 76.10, or 76.11:

(1) 0.40 lb/mmBtu of heat input on anannual average basis for tangentiallyfir ed boilers.

(2) 0.46 lb/ mmBtu of heat input on anannual average basis for dry bottomwall-fired boilers (other than units ap-plyi ng cell burner technology).

(b) T he owner or operator shall deter-mine the annual average NOX emissionrate, in lb/mmBtu, using the methods

and procedures specified in part 75 of thi s chapter.


§ 76.8 Early election for Group 1,Phase II boilers.

(a) General provi sions. (1) T he owneror operator of a Phase I I coal-fi red uti l-ity unit with a Group 1 boiler mayelect to have the unit become subjectto the applicable emissions limitationfor NOX under §76.5, starting no laterthan J anuary 1, 1997.

(2) The owner or operat or of a P haseII coal-fired utility unit with a Group 1

boiler that elects to become subject tothe applicable emission limitationunder §76.5 shal l not be subject to §76.7unt i l J anuary 1, 2008, provi ded the des-ignated representative demonstratesthat t he unit is in compli ance with thelimitation under §76.5, using the meth-ods and procedures specified in part 75of this chapter, for the period begin-ning J anuary 1 of the year in which theearly election takes effect (but not



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40 CFR Ch. I (7–1–00 Edition)§76.8

later than J anuary 1, 1997) and endingDecember 31, 2007.

(3) T he owner or operator of anyP hase I I uni t wit h a cell burner boilerthat converts to conventional burnertechnology may elect to become sub-

ject to t he appli cable emissions l imi ta-tion under §76.5 for dry bottom wall-fired boilers, provided the owner or op-erator complies with the provisions inparagraph (a)(2) of t his section.

(4) The owner or operat or of a P haseI I unit approved for earl y electi on shallnot submit an application for an alter-

nati ve emissions limi tat ion demonstr a-tion period under §76.10 until the ear-li er of:

(i ) J anuary 1, 2008; or(ii) E arly electi on is terminated pur-

suant to paragraph (e)(3) of this sec-tion.

(5) The owner or operat or of a P haseII unit approved for early election maynot incorporate the unit into an aver-aging plan pr ior to J anuary 1, 2000. Onor after J anuary 1, 2000, for purposes of the averaging plan, the early electionunit will be treated as subject to theapplicable emissions limitation forNOX for Phase II units with Group 1boilers under §76.7.

(b) Submission requir ement s. In orderto obtai n earl y election status, the des-ignated representative of a Phase I Iunit with a Group 1 boiler shall submitan early election plan to the Adminis-trator by J anuary 1 of the year t heearly election is to take effect, but notlater than J anuary 1, 1997. Notwit h-standing §72.40 of this chapter, and un-less the unit is a substitution unitunder §72.41 of this chapter or a com-pensating unit under §72.43 of thischapter, a complete compliance plancovering the unit shall not include theprovisions for SO2 emissions under§72.40(a)(1) of thi s chapter.

(c) Conten ts of an ear ly elect ion p lan . A

complete early election plan shall in-clude the following elements in a for-mat prescribed by the Administr ator:

(1) A request for early election;(2) The first year for which earl y

election is to take effect, but not laterthan 1997; and

(3) T he special provi sions under para-graph (e) of this section.

(d)(1) Permi t t i ng au th o r i t y ’ s ac t i on . T othe extent the Administrator deter-

mines that an early election plan com-plies with the requirements of this sec-tion, the Administrator will approvethe plan and:

(i) If a P hase I A cid Rain permit gov-erning the source at which the unit islocated has been issued, will revise thepermit in accordance with the permitmodification procedures in §72.81 of this chapter to include the early elec-ti on plan; or

(ii) I f a Phase I Aci d Rain permit gov-erning the source at which the unit islocated has not been issued, will issue

a Phase I A cid Rai n permi t effecti vefrom J anuary 1, 1995 through December31, 1999, that will include the earlyelection plan and a complete compli-ance plan under §72.40(a) of this chap-ter and paragraph (b) of this section. If the early election plan is not effectiveuntil after J anuary 1, 1995, the permi twill not contain any NOX emissionslimitations until the effective date of the plan.

(2) Beginni ng J anuary 1, 2000, the per-mitting authority will approve anyearly election plan previously approvedby the Administrator duri ng Phase I,unless the plan is terminated pursuantto paragraph (e)(3) of this secti on.

(e) Special provis ions — (1) Emissions l im i t a t i ons — (i ) Sul fu r d iox ide . Notwith-standing §72.9 of this chapter, a unitthat is governed by an approved earlyelection plan and that is not a substi-tution unit under §72.41 of this chapteror a compensating unit under §72.43 of this chapter shall not be subject to thefollowing standard requirements under§72.9 of this chapter for P hase I :

(A) The permi t requirements under§§72.9(a)(1) (i ) and (i i ) of t hi s chapter;

(B) T he sulfur dioxide requirementsunder §72.9(c) of this chapter; and

(C) T he excess emissions require-ments under §72.9(e)(1) of this chapter.

(ii) Ni tr ogen oxi des. A unit t hat is gov-

erned by an approved early electionplan shall be subject to an emissionslimitation for NOX as provided underparagraph (a)(2) of this section exceptas provided under paragraph (e)(3)(iii)of thi s secti on.

(2) L i a b i l i t y . T he owners and opera-tors of any unit governed by an ap-proved early election plan shall be lia-ble for any violation of the plan or thissecti on at that uni t. T he owners and



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operators shall be liable, beginning J anuary 1, 2000, for ful fi l l ing the obli -gations specified in part 77 of thischapter.

(3) Te rmina t i on . An approved earlyelection plan shall be in effect onlyunti l t he earl ier of J anuary 1, 2008 or

J anuary 1 of the calendar year forwhich a termination of the plan takeseffect.

(i) If the designated representative of the unit under an approved early elec-tion plan fails to demonstrate compli-ance with the applicable emissions lim-

itation under §76.5 for any year duringthe peri od beginning J anuary 1 of thefirst year the early election takes ef-fect and endi ng December 31, 2007, t hepermitting authority will terminatethe plan. The termination will take ef-fect beginning J anuary 1 of the yearafter the year for which there is a fail-ure to demonstrate compliance, andthe designated representative may notsubmit a new earl y election plan.

(ii ) The designated representati ve of the unit under an approved early elec-tion plan may terminate the plan anyyear prior to 2008 but may not submita new early election plan. In order toterminate the plan, the designated rep-resentative must submit a notice under§72.40(d) of thi s chapter by J anuary 1 of the year for which the termination isto t ake effect.

(iii)(A) If an early election plan isterminated any year prior to 2000, theunit shall meet, beginning J anuary 1,2000, the applicable emissions limita-tion for NOX for Phase II units withGroup 1 boilers under §76.7.

(B) If an early election plan is termi-nated in or after 2000, the unit shallmeet, beginning on the effective dateof the termination, the applicableemissions limi tati on for NOX for P haseII units with Group 1 boilers under§76.7.


§ 76.9 Permit application and compli-ance plans.

(a) Du t y t o appl y . (1) T he designat edrepresentative of any source with anaffected unit subject to this part shallsubmit, by the applicable deadlineunder paragraph (b) of this section, a

complete Acid Rain permit application(or, if the unit is covered by an AcidRain permit, a complete permit revi-sion) that includes a complete compli-ance plan for NOX emissions coveringthe unit .

(2) T he origi nal and three copies of the permit application and complianceplan for NOX emissions for P hase Ishall be submit ted to the EP A regionaloffice for the region where the applica-ble source is located. T he ori ginal andthree copies of the permit applicationand compliance plan for NOX emissionsfor P hase I I shall be submit ted to thepermit ti ng authority.

(b) Deadl ines. (1) F or a P hase I unitwith a Group 1 boiler, the designatedrepresentat ive shall submit a completepermit application and complianceplan for NOX covering the unit duringP hase I to the applicable permi tt ingauthority not later than May 6, 1994.

(2) F or a Phase I or P hase I I uni twith a Group 2 boil er or a P hase I I unitwith a Group 1 boiler, the designatedrepresentat ive shall submit a completepermit application and complianceplan for NOX emissions covering theunit in Phase II to the Administrator

not later than J anuary 1, 1998, exceptthat early election units shall also sub-mit an appli cati on not l ater t han J anu-ary 1, 1997.

(c) In fo rmat ion requ i rements fo r NO Xcompliance plans. (1) I n accordancewith §72.40(a)(2) of this chapter, a com-plete compliance plan for NOX shall,for each affected unit included in thepermit application and subject to thispart, either certify that the unit willcomply with the applicable emissionslimitation under §76.5, 76.6, or 76.7 orspecify one or more other Acid Raincompliance options for NOX in accord-ance with the requirements of thispart. A complete compliance plan for

NOX for a source shall include the fol-lowing elements in a format prescribedby the Administrator:

(i) I denti ficat ion of the source;(ii) Identification of each affected

unit that is at the source and is subjectto thi s part;

(iii) Identification of the boiler typeof each unit ;

(iv) Identification of the complianceoption proposed for each unit (i.e.,



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meeting the applicable emissions limi-tat ion under §76.5, 76.6, 76.7, 76.8 (earlyelection), 76.10 (alternative emissionlimitation), 76.11 (NOX emissions aver-aging), or 76.12 (P hase I NOX compli-ance extension)) and any additional in-formation required for the appropriateoption in accordance wit h thi s part ;

(v) Reference to the standard require-ments in §72.9 of this chapter (con-sistent with §76.8(e)(1)(i)); and

(vi ) T he requi rements of §§72.21 (a)and (b) of this chapter.

(2) [Reserved](d) Du ty to reapp l y . T he designatedrepresentative of any source with anaffected unit subject to this part shallsubmit a complete Acid Rain permitappli cation, i ncluding a complete com-pliance plan for NOX emissions cov-ering the unit, in accordance with thedeadlines in §72.30(c) of this chapter.

§ 76.10 Alternative emission limita-tions.

(a) General provis ions. (1) T he des-ignated representative of an affectedunit that is not an early election unitpursuant to §76.8 and cannot meet theapplicable emission limitation in §76.5,

76.6, or 76.7 using, for Group 1 boi lers,either low NOX burner technology or analternative technology in accordancewith paragraph (e)(11) of this section,or, for tangentially fired boilers, sepa-rated overfire air, or, for Group 2 boil-ers, the technology on which the appli-cable emission l imi tat ion i s based maypetition the permitting authority foran alternative emission limitation lessstringent than the applicable emissionlimitation.

(2) In order for the unit to qualify foran alternative emission l imit ation, thedesignated representative shall dem-onstrate that the affected unit cannotmeet the applicable emission limita-

t ion i n §76.5, 76.6, or 76.7 based on ashowing, to the satisfaction of the Ad-ministrator, that:

(i)(A) F or a tangential ly fired boiler,the owner or operator has either prop-erly installed low NOX burner tech-nology or properly installed separatedoverfi re air; or

(B) For a dry bottom wall -fir ed boiler(other than a unit applying cell burnertechnology), the owner or operator has

properl y install ed low NOX burner tech-nology; or

(C) For a Group 1 boil er, the owner oroperator has properly installed an al-ternative technology (including butnot l imi ted to reburning, selective non-catalytic reduction, or selective cata-lytic reduction) that achieves NOXemission reductions demonstrated inaccordance with paragraph (e)(11) of thi s secti on; or

(D) F or a Group 2 boiler, the owner oroperator has properly installed the ap-propriate NOX emission control tech-

nology on which the applicable emis-sion l imit ati on in §76.6 is based; and

(ii) The installed NOX emission con-trol system has been designed to meetthe applicable emission limitation in§76.5, 76.6, or 76.7; and

(ii i) F or a demonstr ati on peri od of atleast 15 months or other period of time,as provided in paragraph (f)(1) of thissection:

(A) T he NOX emission control systemhas been properly installed and prop-erly operated according to specifica-tions and procedures designed to mini-mize the emissions of NOX to the at-mosphere;

(B) Unit operating data as specified

in this section show that the unit andNOX emission control system were op-erated in accordance with the bid anddesign specifications on which the de-sign of the NOX emission control sys-tem was based; and

(C) Unit operating data as specifiedin this section, continuous emissionmonitoring data obtained pursuant topart 75 of this chapter, and the testdata specific to the NOX emission con-trol system show that the unit couldnot meet the applicable emission limi-tat ion i n §76.5, 76.6, or 76.7.

(b) Peti t ioni ng pr ocess. T he peti tioningprocess for an alternative emissionlimitation shall consist of the fol-

lowi ng steps:(1) Operation during a period of at

least 3 months, following the installa-tion of the NOX emission control sys-tem, that shows that the specific unitand the NOX emission control systemwas unable to meet the applicableemissions limitation under §76.5, 76.6,or 76.7 and was operated in accor dancewith the operating conditions uponwhich the design of the NOX emission



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contr ol system was based and with ven-dor specifi cati ons and procedures;

(2) Submission of a peti ti on for an al -ternative emission limitation dem-onstration period as specified in para-graph (d) of this section;

(3) Operation during a demonstrationperiod of at least 15 months, or otherperiod of time as provided in paragraph(f)(1) of this section, that demonstratesthe inability of the specific unit tomeet the applicable emissions limita-t ion under §76.5, 76.6, or 76.7 and theminimum NOX emissions rate that thespecific unit can achieve during long-term load dispatch operat ion; and

(4) Submission of a petition for afinal alt ernative emission l imit ation asspecified in paragraph (e) of this sec-tion.

(c) Dead l ines — (1) Pet i t i on f o r an a l t er - na t ive emission l imi t a t ion demonst ra t ion

period. T he designat ed representat iveof the unit shall submit a petition foran alternative emission limitationdemonstr ati on peri od to the permi tt ingauthority after the unit has been oper-ated for at least 3 months after instal-lati on of the NOX emission control sys-tem required under paragraph (a)(2) of

this section and by the following dead-line:(i) F or unit s that seek to have an al-

ternative emission limitation dem-onstration period apply during all orpart of calendar year 1996, or any pre-vious calendar year by the later of:

(A) 120 days after startup of the NOXemission control system, or

(B) M ay 1, 1996.(ii) F or units that seek an alt er-

native emission limitation demonstra-tion period beginning in a calendaryear after 1996, not lat er than:

(A) 120 days after J anuary 1 of thatcalendar year, or

(B) 120 days after startup of the NOX

emission control system if the unit isnot operating at the beginning of thatcalendar year.

(2) Pet i t ion f or a f ina l a l te rna t ive emis- s ion l imi ta t ion . Not later than 90 daysafter the end of an approved alter-native emission limitation demonstra-ti on peri od for the unit, the designatedrepresentative of the unit may submita petition for an alternative emissionlimitation to the permitting authority.

(3) Renewal of an alternat ive emission l im i t a t i on . In order to request continu-ation of an alternative emission limi-tation, the designated representativemust submit a peti ti on to renew the al-ternative emission limitation on thedate that the applicat ion for renewal of the source’s Acid Rain permit con-taining the alternative emission limi-tat ion i s due.

(d) Conten ts o f pet i t ion for an a l te r - na t ive emission l imi t a t ion demonst ra t ion

period. T he designated representat iveof an affected unit that has met theminimum criteria under paragraph (a)of this section and that has been oper-ated for a period of at least 3 monthsfollowing the installation of the re-quired NOX emission control systemmay submit to the permitting author-ity a petition for an alternative emis-sion limitation demonstration period.In the petition, the designated rep-resentative shall provide the followinginformation in a format prescribed bythe Administrator:

(1) Identi ficat ion of the unit;(2) T he type of NOX control tech-

nology installed (e.g., low NOX burnertechnology, selective noncatalytic re-

duction, selective catalytic reduction,reburning);(3) If an alternative technology is in-

stalled, the time period (not less than 6consecutive months) prior to installa-tion of the technology to be used forthe demonstration required in para-graph (e)(11) of this section.

(4) Documentation as set forth in§76.14(a)(1) showing that the installedNOX emission control system has beendesigned to meet the applicable emis-sion l imi tat ion i n §76.5, 76.6, or 76.7 andthat the system has been properly in-stalled according to procedures andspecifications designed to minimize theemissions of NOX to the atmosphere;

(5) T he date the uni t commenced op-eration following the installation of the NOX emission control system or thedate the specific unit became subjectto the emission limitations of §76.5,76.6, or 76.7, whi chever i s later;

(6) T he dates of the operati ng peri od(which must be at least 3 months long);

(7) Certification by the designatedrepresentative that the owner(s) or op-erator operated the unit and the NOX



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40 CFR Ch. I (7–1–00 Edition)§ 76.10

emission control system duri ng the op-erating period in accordance with:Specifications and procedures designedto achieve the maximum NOX reduc-tion possible with the installed NOXemission control system or the appli ca-ble emission limitation in §76.5, 76.6, or76.7; the operating conditions uponwhich the design of the NOX emissioncontrol system was based; and vendorspecif icat ions and procedures;

(8) A brief statement describing thereason or reasons why the unit cannotachieve the applicable emission l imi ta-

t ion in §76.5, 76.6, or 76.7;(9) A demonstration period plan, as

set forth in §76.14(a)(2);(10) Unit operating data and quality-

assured continuous emission moni-toring data (including the specific dataitems listed in §76.14(a)(3) collected inaccordance with part 75 of this chapterduring the operating period) and dem-onstrating the inability of the specificunit to meet the applicable emissionl imi tat ion i n §76.5, 76.6, or 76.7 on anannual average basis while operatingas certified under paragraph (d)(7) of this section;

(11) An interim alternative emissionlimitation, in lb/mmBtu, that the unit

can achieve during a demonstration pe-ri od of at l east 15 months. The interimalternative emission limitation shallbe derived from the data specified inparagraph (d)(10) of this section usingmethods and procedures satisfactory tothe Administrator;

(12) T he proposed dates of the dem-onstration period (which must be atleast 15 months long);

(13) A report which outlines the test-ing and procedures to be taken duringthe demonstration period in order todetermine the maximum NOX emissionreduction obtainable with the installedsystem. The report shall include thereasons for the NOX emission control

system’s fail ure to meet the appli cableemission limitation, and the tests andprocedures that will be followed to op-timize the NOX emission control sys-tem’s performance. Such tests and pro-cedures may include those identified in§76.15 as appropriate.

(14) T he special provi sions at para-graph (g)(1) of this secti on.

(e) Conten ts o f pet i t ion for a f in a l a l te r - na t ive emission l imi ta t ion . After the ap-

proved demonstration period, the des-ignated representative of the unit maypetition the permitting authority foran alternative emission limitation.

T he peti tion shal l include the fol -lowing elements in a format prescribedby the Administrator:

(1) Identi ficat ion of the unit;(2) Certification that the owner(s) or

operator operated the affected unit andthe NOX emission control system dur-ing the demonstration period in ac-cordance with: specifications and pro-cedures designed to achieve the max-

imum NOX reduction possible with theinstalled NOX emission control systemor the applicable emissions limitationin §76.5, 76.6, or 76.7; the operating con-ditions (including load dispatch condi-tions) upon which the design of theNOX emission control system wasbased; and vendor specifications andprocedures.

(3) Certification that the owner(s) oroperator have installed in the affectedunit all NOX emission contr ol systems,made any operational modifications,and completed any planned upgradesand/or maintenance to equipment spec-ified in the approved demonstration pe-riod plan for optimizing NOX emission

reduction performance, consistent withthe demonstration period plan and theproper operation of the installed NOXemission control system. Such certifi-cation shall explain any differences be-tween the installed NOX emission con-trol system and the equipment configu-ration described in the approved dem-onstr ati on peri od plan.

(4) A clear description of each step ormodification taken during the dem-onstration period to improve or opti-mize the performance of the installedNOX emission control system.

(5) Engineering design calculationsand drawings that show the technicalspecifications for installation of any

additi onal operat ional or emission con-trol modifications installed during thedemonstration period.

(6) Unit operating and quality-as-sured continuous emission monitoringdata (including the specific data listedin §76.14(b)) col lected in accordancewith part 75 of this chapter during thedemonstration period and dem-onstrating the inability of the specificunit to meet the applicable emission



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l imi tat ion i n §76.5, 76.6, or 76.7 on anannual average basis while operating inaccordance with the certificationunder paragraph (e)(2) of t his secti on.

(7) A report (based on the parametrictest requirements set forth in the ap-proved demonstration period plan asidentified in paragraph (d)(13) of thissection), that demonstrates the unitwas operated in accordance with theoperating conditions upon which thedesign of the NOX emission control sys-tem was based and describes the reasonor reasons for the failure of the in-

stalled NOX emission control system tomeet the applicable emission limita-t ion i n §76.5, 76.6, or 76.7 on an annualaverage basis.

(8) T he minimum NOX emission rate,in l b/mmBtu, that the affected unit canachieve on an annual average basiswith the installed NOX emission con-tr ol system. T his value, which shall bethe requested alternative emission lim-itation, shall be derived from the dataspecified in this section using methodsand procedures satisfactory to the Ad-ministrator and shall be the lowest an-nual emission rate the unit can achievewith the installed NOX emission con-trol system;

(9) All supporting data and calcula-tions documenting the determinationof the requested alternative emissionlimitation and its conformance withthe methods and procedures satisfac-tory t o the Administrator;

(10) T he special provi sions in para-graph (g)(2) of this secti on.

(11) In addi ti on to the other require-ments of this section, the owner or op-erator of an affected unit with a Group1 boiler that has installed an alter-native technology in addition to or inlieu of low NOX burner technology andcannot meet the applicable emissionlimitation in §76.5 shall demonstrate,to the satisfaction of the Adminis-

trator, that the actual percentage re-duction in NOX emissions (lbs/mmBtu),on an annual average basis is greaterthan 65 percent of the average annualNOX emissions prior to the installationof the NOX emission control system.

T he percentage reduct ion in NOX emis-sions shall be determined using contin-uous emissions monitoring data forNOX taken during the time period(under paragraph (d)(3) of this section)

prior to the installation of the NOXemission control system and duringlong-term load dispatch operation of the specifi c boiler.

(f) Permi t t i ng au tho r i t y ’ s ac t i on— (1)Al te rna t i ve emission l imi ta t ion demonst ra -

t ion per iod . (i) The permitting author-ity may approve an alternative emis-sion limitation demonstration periodand demonstration period plan, pro-vided that the requirements of this sec-tion are met to the satisfaction of thepermitting authority. The permittingauthority shall disapprove a dem-

onstration period if the requirementsof paragraph (a) of this section werenot met during the operat ing peri od.

(ii ) I f the demonstr ati on peri od is ap-proved, the permitting authority willinclude, as part of the demonstrationperiod, the 4 month period prior to sub-mission of the application in the dem-onstr ati on peri od.

(iii) The alternative emission limita-tion demonstration period will author-ize the unit to emit at a rate not great-er than the interim alternative emis-sion limitation during the demonstra-ti on peri od on or aft er J anuary 1, 1996for P hase I unit s and the applicabledate establ ished in §76.6 or 76.7 for

P hase I I unit s, and unti l t he date thatthe Administr ator approves or denies afinal alt ernative emission l imit ation.

(iv) After an alternative emissionlimitation demonstration period is ap-proved, if the designated representa-tive requests an extension of the dem-onstration period in accordance withparagraph (g)(1)(i)(B) of this section,the permitting authority may extendthe demonstration period by adminis-trative amendment (under §72.83 of thischapter) to the Acid Rain permit.

(v) The permitting authority shalldeny the demonstration period if thedesignated representative cannot dem-onstrate that the unit met the require-

ments of paragraph (a)(2) of this sec-tion. In such cases, the permitting au-thority shall require that the owner oroperator operate the unit in compli-ance with the appli cable emission l imi -tat ion i n §76.5, 76.6, or 76.7 for the pe-riod preceding the submission of theapplication for an alternative emissionlimitation demonstration period, in-cluding the operating period, if suchperiods are after the date on which the



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40 CFR Ch. I (7–1–00 Edition)§ 76.10

unit is subject to the standard limitunder §76.5, 76.6, or 76.7.

(2) Al te rna t i ve emission l i mi ta t i on . (i) If the permitting authority determinesthat the requirements in this sectionare met, the permitting authority willapprove an alternative emission limi-tation and issue or revise an Acid Rainpermit to apply the approved limita-tion, in accordance with subparts Fand G of part 72 of this chapter. T hepermit will authorize the unit to emitat a rate not greater than the approvedalternative emission limitation, start-

ing the date the permitting authorityrevises an Acid Rain permit to approvean alternative emission l imit ation.

(ii) If a permitting authority dis-approves an alternative emission limi-tation under paragraph (a)(2) of thissection, the owner or operator shall op-erate the affected unit in compliancewith the applicable emission limitationin §76.5, 76.6, or 76.7 (unless the uni t isparti cipating in an approved averagingplan under §76.11) beginning on thedate the permitting authority revisesan Acid Rain permit to disapprove analternative emission l imit ation.

(3) Al te rna t ive emiss ion l imi ta t ion re- newa l . (i) If, upon review of a petition

to renew an approved alternative emis-sion limit ation, the permit ti ng author-ity determines that no changes havebeen made to the control technology,its operation, the operating conditionson which the alternative emission limi-tation was based, or the actual NOXemission rate, the alt ernative emissionli mit ati on will be renewed.

(ii) I f the permit ti ng authorit y deter-mines that changes have been made tothe control technology, its operation,the fuel quality, or the operating con-ditions on which the alternative emis-sion limitation was based, the des-ignated representat ive shall submit , i norder to renew the alternati ve emission

limitation or to obtain a new alter-native emission limitation, a petitionfor an alternative emission limitationdemonstration period that meets therequirements of paragraph (d) of thissection using a new demonstration pe-riod.

(g) Special provis ions — (1) A l te rna t i ve emiss ion l imi ta t ion demonst ra t ion pe-

r i od— (i) Emission l imi t a t ions . (A) Eachunit with an approved alternative

emission limitation demonstration pe-riod shall comply with the interimemission limitation specified in theunit’s permit beginning on the effec-tive date of the demonstration periodspecified in the permit and, if a timelypetition for a final alternative emis-sion limitation is submitted, extendinguntil the date on which the permittingauthority issues or revises an AcidRain permit to approve or disapprovean alternati ve emission li mitat ion. If atimely petition is not submitted, thenthe unit shall comply with the stand-

ard emission l imi t under §76.5, 76.6, or76.7 beginning on the date the petitionwas required to be submitted underparagraph (c)(2) of this secti on.

(B) When the owner or operator iden-ti fies, duri ng the demonstr ati on peri od,boiler operating or NOX emission con-trol system modifications or upgradesthat would produce further NOX emis-sion reductions, enabling the affectedunit to comply with or bring its emis-sion rate closer to the applicable emis-sions limitation under §76.5, 76.6, or76.7, the designated representative maysubmit a request and the permittingauthority may grant, by administra-tive amendment under §72.83 of this

chapter, an extension of the dem-onstration period for such period of time (not to exceed 12 months) as maybe necessary to implement such modi-fications or upgrades.

(C) If t he approved int eri m alt er-native emission limitation applies to aunit for part, but not all, of a calendaryear, the unit shall determine compli-ance for the calendar year in accord-ance with t he procedures in §76.13(a).

(ii) Operat ing requirements. (A) A unitwith an approved alternative emissionlimitation demonstration period shallbe operated under load dispatch condi-tions consistent with the operatingconditions upon which the design of

the NOX emission control system andperformance guarantee were based, andin accordance with the demonstrationperiod plan.

(B) A unit with an approved alter-native emission limitation demonstra-tion period shall install all NOX emis-sion control systems, make any oper-ational modifications, and completeany upgrades and maintenance toequipment specified in the approved



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demonstration period plan for opti-mizing NOX emission reduction per-formance.

(C) When the owner or operator iden-tifies boiler or NOX emission controlsystem operating modifications thatwould produce higher NOX emission re-ductions, enabling the affected unit tocomply with, or bring its emission ratecloser to, the applicable emission limi-tat ion under §76.5, 76.6, or 76.7, t he des-ignated representative shall submit anadministrative amendment under§72.83 of this chapter to revise the

unit’s Acid Rain permit and dem-onstration period plan to include suchmodifications.

(iii) Test i ng r equir ements. A unit withan approved alternative emission limi-tat ion demonstr ati on peri od shall mon-itor in accordance with part 75 of thischapter and shall conduct all tests re-quired under the approved demonstra-ti on peri od plan.

(2) Fina l a l te rna t ive emiss ion l imi ta - t ion — (i ) Emission l imi t a t ions . (A) Eachunit with an approved alternativeemission limitation shall comply withthe alternative emission limitationspecifi ed in the unit ’s permi t beginningon the date specified in the permit as

issued or revised by the permitting au-thority to apply the final alternativeemission l imit ation.

(B) If the approved interim or finalalternative emission limitation appliesto a unit for part, but not al l, of a cal-endar year, the unit shall determinecompliance for the calendar year in ac-cordance with the procedures in§76.13(a).


§ 76.11 Emissions averaging.

(a) General provi sions. In lieu of com-plying with the applicable emission

l imi tat ion i n §76.5, 76.6, or 76.7, any af-fected units subject to such emissionlimitation, under control of the sameowner or operator, and having thesame designated representative mayaverage their NOX emissions under anaveraging plan approved under th is sec-tion.

(1) Each affected unit included in anaveraging plan for P hase I shall be a

P hase I uni t with a Group 1 boil er subject to an emission l imi tat ion in §76.5during all years for which the unit isincluded in the plan.

(i) If a unit with an approved NOXcompliance extension is included in anaveraging plan for 1996, the unit shallbe treated, for the purposes of applyingEquation 1 in paragraph (a)(6) of thissection and Equation 2 in paragraph(d)(1)(ii)(A) of this section, as subjectto the applicable emissions limitationunder §76.5 for the enti re year 1996.

(ii ) A P hase I I uni t approved for earl yelection under §76.8 shall not be in-cluded in an averaging plan for P hase I .

(2) Each affected unit included in anaveraging plan for P hase II shall be aboiler subject to an emission limita-tion i n §76.5, 76.6, or 76.7 for al l yearsfor which the unit is included in theplan.

(3) Each unit included in an aver-aging plan shall have an alternativecontemporaneous annual emission lim-itation (lb/mmBtu) and can only be in-cluded in one averaging plan.

(4) Each unit included in an aver-aging plan shall have a minimum al-lowable annual heat input value

(mmBtu), if it has an alternative con-temporaneous annual emission limita-tion more stringent than that unit’sapplicable emission limitation under§76.5, 76.6, or 76.7, and a maximum al -lowable annual heat input value, if ithas an alternative contemporaneousannual emission limitation less strin-gent than that unit’s applicable emis-sion l imi tat ion under §76.5, 76.6, or 76.7.

(5) T he Btu-weighted annual averageemission rate for the units in an aver-aging plan shall be less than or equalto the Btu-weighted annual averageemission rate for the same units hadthey each been operated, during thesame period of time, in compliance

with the applicable emission limita-tions in §76.5, 76.6, or 76.7.(6) I n order t o demonstr ate that the

proposed plan is consistent with para-graph (a)(5) of this section, the alter-native contemporaneous annual emis-sion limitations and annual heat inputvalues assigned to the units in the pro-posed averaging plan shall meet thefoll owing requirement:



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40 CFR Ch. I (7–1–00 Edition)§ 76.11

R HI

HI

R HI

HI

Li i

i

n

i

i

n

li i

i

n

i

i

n

×( )≤

×( )( )=

=

=

=

∑

∑

∑

∑

1

1

1

1

Equation 1

where:

RLi = A lt ernati ve contemporaneous annualemission limitation for unit i, lb/mmBtu,as specified in the averaging plan;

R li = Appli cable emission li mit ati on for uniti , l b/mmBtu, as specif ied in §76.5, 76.6, or76.7 except that for early election units,which may be included in an averagingplan only on or after J anuary 1, 2000, R lishall equal the most stringent applicableemission limitation under §76.5 or 76.7;

HI i = Annual heat input for unit i, mmBt u,as specified in the averaging plan;

n = Number of uni ts i n the averaging plan.

(7) F or unit s with an alternativeemission li mitat ion, R li shall equal theapplicable emissions limitation under§76.5, 76.6, or 76.7, not the alternat iveemissions li mitat ion.

(8) No unit may be included in morethan one averaging plan.

(b)(1) Submission requirements. T he

designated representative of a unitmeeting the requirements of para-graphs (a)(1), (a)(2), and (a)(8) of thissection may submit an averaging plan(or a revision to an approved averagingplan) to the permitting authority(ies)at any ti me up to and including J anu-ary 1 (or J uly 1, if t he plan is restr ictedto units located within a single permit-ting authority’s jurisdiction) of thecalendar year for which the averagingplan i s to become effecti ve.

(2) T he designated representati veshall submit a copy of the same aver-aging plan (or the same revision to anapproved averaging plan) to each per-mitting authority with jurisdiction

over a uni t i n the plan.(3) When an averaging plan (or a revi-

sion to an approved averaging plan) isnot approved, the owner or operator of each unit in the plan shall operate theunit in compliance with the emissionlimitation that would apply in the ab-sence of the averaging plan (or revisionto a plan).

(c) Conten ts of N O X averag ing p lan . Acomplete NOX averaging plan shall in-

clude the following elements in a for-mat prescribed by t he Administr ator:

(1) Identification of each unit in theplan;

(2) Each unit’s applicable emissionlimitation in §76.5, 76.6, or 76.7;(3) The al ternat ive contemporaneous

annual emission limitation for eachunit (in lb/mmBtu). If any of the unitsidentified in the NOX averaging planutilize a common stack pursuant to§75.17(a)(2)(i)(B) of this chapter, thesame alternative contemporaneousemission limitation shall be assignedto each such unit and different heatinput li mit s may be assigned;

(4) The annual heat input l imi t foreach unit (in mmBt u);

(5) T he calculat ion for Equati on 1 inparagraph (a)(6) of this secti on;

(6) The calendar years for which the

plan will be in effect; and(7) The special provisions in para-

graph (d)(1) of this secti on.(d) Special provi s ions. (1) Emission l imi -

ta t ions . Each affected unit in an ap-proved averaging plan is in compliancewith the Aci d Rain emission li mitat ionfor NOX under the plan only if the fol-lowing requirements are met:

(i) F or each unit , the unit ’s actualannual average emission rate for thecalendar year, in lb/mmBtu, is lessthan or equal to its alternative con-temporaneous annual emission limita-ti on in the averaging plan; and

(A) F or each unit wit h an alt ernativecontemporaneous emission limitation

less stringent than the applicable emis-sion l imi tation i n §76.5, 76.6, or 76.7, theactual annual heat input for the cal-endar year does not exceed the annualheat input limit in the averaging plan;

(B) F or each unit wi th an alternativecontemporaneous annual emission lim-itation more stringent than the appli-cable emission limitation in §76.5, 76.6,or 76.7, the actual annual heat input forthecalendar year is not less than the



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annual heat input limit in the aver-aging plan; or

(ii ) I f one or more of the unit s doesnot meet the requirements under para-graph (d)(1)(i) of this section, the des-ignated representative shall dem-onstrate, in accordance with paragraph(d)(1)(ii)(A) of this section (Equation 2)that the actual Btu-weighted annualaverage emission rate for the units in

the plan is less than or equal to theBtu-weighted annual average rate forthe same units had they each been op-erated, during the same period of time,in compliance with the applicableemission limitations in §76.5, 76.6, or76.7.

(A) A group showing of complianceshall be made based on the followingequation:

R HI

HI

R HI

HI

Equation 2

ai aii

n

ai

i

n

li aii

n

ai

i

n

×( )≤

×( )( )=

=

=

=

∑

∑

∑

∑

1

1

1

1

where:

R ai = Actual annual average emission rate forunit i, lb/mmBtu, as determined using theprocedures in part 75 of th is chapter. F orunits in an averaging plan utilizing a com-mon stack pursuant t o §75.17(a)(2)(i )(B) of this chapter, use the same NOX emissionrate value for each unit utilizing the com-mon stack, and calculate this value in ac-cordance with appendix F to part 75 of thi s

chapter;R li = Applicable annual emission limitationfor unit i lb/mmBtu, as specified in §76.5,76.6, or 76.7, except that for early electionunits, which may be included in an aver-aging plan onl y on or after J anuary 1, 2000,R li shall equal the most stringent applica-ble emission limitation under §76.5 or 76.7;

HI ai = Actual annual heat i nput for unit i ,mmBtu, as determined using the proce-dures in part 75 of this chapter;


(B) For unit s wit h an alternativeemission li mitat ion, R li shall equal theapplicable emission limitation under§76.5, 76.6, or 76.7, not the alternat iveemission l imit ation.

(C) I f there is a successful group

showing of compli ance under paragraph(d)(1)(ii)(A) of this section for a cal-endar year, then all units in the aver-aging plan shall be deemed to be incompliance for that year with their al-ternative contemporaneous emissionli mitat ions and annual heat i nput l im-its under paragraph (d)(1)(i) of this sec-tion.

(2) L i a b i l i t y . T he owners and opera-tors of a unit governed by an approved

averaging plan shall be liable for anyviolation of the plan or this section atthat unit or any other unit in the plan,including liability for fulfilling the ob-ligations specified in part 77 of thischapt er and secti ons 113 and 411 of t heAct.

(3) Wi th d rawa l o r te rmina t i on . T he des-ignated representative may submit anotification to terminate an approvedaveraging plan in accordance with§72.40(d) of this chapter, no later thanOctober 1 of the calendar year forwhich the plan is to be withdrawn orterminated.

§76.12 Phase I NOX compliance exten-sion.

(a) General provis ions. (1) T he des-ignated representative of a P hase Iunit with a Group 1 boiler may applyfor and receive a 15-month extension of the deadline for meeting the applicableemissions limitation under §76.5 whereit is demonstrated, to the satisfactionof the Administrator, that:

(i) The low NOX burner technology

designed to meet the applicable emis-sion limitation is not in adequate sup-ply to enable installation and oper-ation at the unit, consistent with sys-tem reli abil i ty , by J anuary 1, 1995 andthe reliability problems are due sub-stantially t o NOX emission control sys-tem installati on and availabili ty; or

(ii) T he unit i s parti cipati ng in an ap-proved clean coal technology dem-onstration project.



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40 CFR Ch. I (7–1–00 Edition)§ 76.12

(2) In order t o obtai n a Phase I NOXcompliance extension, the designatedrepresentative shall submit a Phase INOX compliance extension plan by Oc-tober 1, 1994.

(b) Conten ts of P hase I NO X compl iance ex tension p lan . A complete Phase I NOXcompliance extension plan shall in-clude the following elements in a for-mat prescribed by the Administr ator:

(1) Identi ficati on of the unit .(2) F or unit s apply ing pursuant to

paragraph (a)(1)(i) of this section:(i) A list of the company names, ad-

dresses, and telephone numbers of ven-dors who are qualified to provide theservices and low NOX burner tech-nology designed to meet the applicableemission limitation under §76.5 andhave been contacted to obtain the re-quired servi ces and technology. T helist shall include the dates of contact,and a copy of each request for bidsshall be submitted, along with anyother information necessary to show agood-faith effort to obtain the requiredservices and technology necessary tomeet the requirements of this part onor before J anuary 1, 1995.

(ii) A copy of those portions of a le-gally binding contract with a qualified

vendor that demonstrate that servicesand low NOX burner technology de-signed to meet the applicable emissionlimitation under §76.5, with a comple-tion date not later than December 31,1995 have been contracted for.

(iii) Scheduling information, includ-ing j ustifi cation and test schedules.

(iv) T o demonstr ate, if appli cable,that the supply of the low NOX burnertechnology designed to meet the appli-cable emission limitation under §76.5 isinadequate to enable its installationand operation at the unit, consistentwith system reliability, in time for theunit to comply with the applicableemission li mitat ion on or before J anu-

ary 1, 1995, ei ther:(A) Certification from the selected

vendor(s) (by a certifying official) list-ed in paragraph (b)(2)(i) of this sectionstating that they cannot provide thenecessary services and install the lowNOX burner technology on or before

J anuary 1, 1995 and explai ning t he rea-sons why the services cannot be pro-vided and why the equipment cannot beinstal led in a timely manner; or

(B) T he foll owing information:(i) Standard load forecasts, based on

standard forecasting models availablethroughout the util it y i ndustry and ap-pli ed to the period, J anuary 1, 1993,through December 31, 1994.

(ii) Specific reasons why an outagecannot be scheduled to enable the unitto install and operate the low NOXburner t echnology by J anuary 1, 1995,including reasons why no other unitscan be used to replace this unit’s gen-eration during such outage.

(ii i) F uel and energy balance sum-maries and power and other consump-tion requirements (including those forair, steam, and cooling water).

(3) To demonstrate, if appli cable, par-ticipation in an approved clean coaltechnology demonstration project, adescripti on of the project, i ncluding allsources of F ederal, S tate, and otheroutside funding, amount and date forapproval of F ederal funding, the dura-tion of the project, and the anticipatedcompleti on date of the project.

(4) The special provisions in para-graph (d) of this section.

(c)(1) Admin is t ra to r ’s ac t ion . T o theextent the Administrator determines

that a Phase I NOX compliance exten-sion plan complies with the require-ments of this section, the Adminis-trator will approve the plan and revisethe Acid Rain permit governing theunit in the plan in order to incorporatethe plan by administrative amendmentunder §72.83 of this chapter, exceptthat the Administrator shall have 90days from receipt of the compliance ex-tension plan to take final action.

(2) The Administr ator wi ll approve ordisapprove a proposed NOX complianceextension plan within 3 months of re-ceipt.

(d) Special provis ions. (1) Emissionlimitations. The unit shall comply

with the applicable emission limitationunder §76.5 beginni ng A pri l 1, 1996.Compliance shall be determined asspecified in part 75 of this chapterusing measured values of NOX emis-sions and heat input only for the por-tion of the year that the emission limitis i n effect.

(2) If a unit with an approved NOXcompliance extension is included in anaveraging plan under §76.11 for year



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1996, the unit shall be treated, for pur-poses of applying Equation 1 in§76.11(a)(6) and E quat ion 2 in§76.11(d)(1)(i i )(A ), as subject t o the ap-plicable emission limitation under§76.5 for the entire year 1996.

(e) Ex tension un ti l D ecember 31, 1997.(1) T he designated representati ve of aP hase I uni t t hat is subject to secti on404(d) of the Act, has a tangentiallyfir ed boil er, and is unable to i nstall lowNOX burner t echnology by J anuary 1,1997 may submit a petition for and re-ceive an extension for meeting the ap-

plicable emission limitation under§76.5 where it is demonstrated, to thesati sfaction of the Administrator, t hat:

(i) T he unit is l ocated at a sourcewith two or more other units, all of which are Phase I unit s that are sub-

ject to section 404(d) of the Act andhave tangenti all y fi red boil ers;

(ii) The NOX control system at theunit was scheduled to be installed by

J anuary 1, 1997 and, because of oper-ational problems associated with theNOX control system, will be redesigned;and

(iii) Installation of the redesignedlow NOX burner technology at the unitcannot be completed by J anuary 1, 1997

without causing system reliabilityproblems.

(2) A complete petition shall includethe following elements and shall besubmitted by A pri l 28, 1995.

(i) Identification of the unit and theother unit s at the source;

(ii) A statement describing how therequirements of paragraphs (e)(1)(ii)and (e)(1)(iii) of this section are met;

(iii) The earliest date, not later thanDecember 31, 1997, by which i nstal la-tion of the redesigned low NOX burnertechnology can be completed con-sistent with system reliabilit y; and

(iv) T he provi sions in paragraph (e)(4)of thi s secti on.

(3) To the extent the Administr atordetermines that a Phase I unit meetsthe requirements of paragraphs (e)(1)and (e)(2) of thi s secti on, the Admini s-trator will approve the petition within90 days from receipt of the completepetition. The Acid Rain permit gov-erning the unit will be revised in orderto incorporate the approved extension,which shall terminate no later thanDecember 31, 1997, by administr ative

amendment under §72.83 of t hi s chapterexcept that the Administrator willhave 90 days to take final action.

(4) The unit shall comply with theapplicable emission limitation under§76.5 beginning on the day immediatelyfollowing the day on which the exten-sion approved under paragraph (e)(3) of this section terminates. Complianceshall be determined as specified in part75 of this chapter using measured val-ues of NOX emissions and heat inputonly for the portion of the year thatthe emission limit is in effect. If a unitwith an approved extension is includedin an averaging plan under §76.11 foryear 1997, the unit shall be treated, forthe purpose of applying Equation 1 in§76.11(a)(6) and E quat ion 2 in§76.11(d)(1)(i i )(A ), as subject t o the ap-plicable emission limitation under§76.5 for the enti re year 1997.

§ 76.13 Compliance and excess emis-sions.

Excess emissions of nitrogen oxidesunder §77.6 of this chapter shall be cal-culated as follows:

(a) F or a unit t hat is not in an ap-proved averaging plan:

(1) Calculate EE i for each portion of the calendar year that the unit is subject t o a di fferent NOX emission l imit a-tion:

EER R HI

Equation 3iai li i

=−( ) ×

( )2000

where:

EE i = E xcess emissions for NOX for the por-ti on of the calendar year (in tons);

R ai = Actual average emission rate for theunit (in lb/mmBtu), determined accordingto part 75 of this chapter for the portion of the calendar year for which the applicableemission li mitati on R l is i n effect;

R li = Appli cable emission li mit ati on for the

unit, (in lb/mmBtu), as specified in §76.5,76.6, or 76.7 or as determined under §76.10;

EE EE Equationii

n

= ( )=

∑1

4

HI i = Actual heat input for t he unit , (inmmBtu), determined according to part 75of this chapter for the portion of the cal-endar year for which the applicable emis-sion li mitati on, R l, is i n effect.



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40 CFR Ch. I (7–1–00 Edition)§ 76.14

(2) I f E E i is a negative number forany portion of the calendar year, theEE value for that portion of the cal-endar year shall be equal to zero (e.g.,i f EE i =¥100, then E E i = 0).

(3) Sum all EE i values for the cal-endar y ear:

where:

EE = E xcess emissions for NOX for the year(in t ons);

n = T he number of t ime periods during whicha unit is subject to different emission limi-tat ions; and

(b) For unit s part ici pating in an ap-proved averaging plan, when all the re-qui rements under §76.11(d)(1) are notmet,

EE

R HI R HI

Equation

ai i li i

i

n

i

n

=

×( ) − ×( )

( )==∑∑

11

20005

where:

E E = Excess emissions for NOX for the year(in t ons);

R ai = Actual annual average emission rate forNOX for unit i, (in lb/mmBtu), determinedaccording to part 75 of this chapter;

R li = Appli cable emission li mit ati on for uniti, (in lb/mmBtu), as specified in §76.5, 76.6,or 76.7;

HI i = Actual annual heat i nput for unit i ,mmBtu, determined according to part 75 of thi s chapter;


§ 76.14 Monitoring, recordkeeping, andreporting.

(a) A petition for an alternativeemission limitation demonstration pe-riod under §76.10(d) shall include thefollowing information:

(1) I n accordance wi th §76.10(d)(4),the following information:

(i) Documentation that the owner oroperator solicited bids for a NOX emis-sion control system designed for appli-cation to the specific boiler and de-signed to achieve the applicable emis-sion limitation in §76.5, 76.6, or 76.7 onan annual average basis. T his docu-mentation must include a copy of allbid specifications.

(ii) A copy of the performance guar-antee submitted by the vendor of theinstalled NOX emission control systemto the owner or operator showing thatsuch system was designed to meet theapplicable emission limitation in §76.5,76.6, or 76.7 on an annual average basis.

(iii) Documentation describing theoperational and combustion conditionsthat are the basis of the performanceguarantee.

(iv) Certification by the primary ven-dor of the NOX emission control systemthat such equipment and associatedauxiliary equipment was properly in-stalled according to the modificationsand procedures specified by the vendor.

(v) Certification by the designatedrepresentative that the owner(s) or op-erator installed technology that meetsthe requi rements of §76.10(a)(2).

(2) I n accordance wi th §76.10(d)(9),the following i nformati on:

(i) T he operat ing condit ions of theNOX emission control system includingload range, O2 range, coal volatile mat-ter range, and, for tangentially firedboilers, distribution of combustion airwithin the NOX emission control sys-tem;

(ii) Certification by the designatedrepresentative that the owner(s) or op-erator have achieved and are followingthe operating conditions, boiler modi-fications, and upgrades that formed thebasis for the system design and per-formance guarant ee;

(iii) Any planned equipment modi-fications and upgrades for the purposeof achieving the maximum NOX reduc-

tion performance of the NOX emissioncontrol system that were not includedin the design specifications and per-formance guarantee, but that wereachieved prior to submission of this ap-plication and are being followed;

(iv) A list of any modifications or re-placements of equipment that are to bedone prior to the completion of thedemonstration period for the purposeof reducing emissions of NOX; and



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(v) The parametric testing that willbe conducted to determine the reasonor reasons for the failure of the unit toachieve the applicable emission l imi ta-tion and to verify the proper operationof the installed NOX emission controlsystem during the demonstration pe-ri od. T he tests shall include tests in§76.15, whi ch may be modifi ed as fol-lows:

(A) T he owner or operator of the unitmay add tests to those listed in §76.15,if such additions provide data relevantto the failure of the installed NOXemission control system to meet theapplicable emissions limitation in§76.5, 76.6, or 76.7; or

(B) T he owner or operator of the unitmay remove tests listed in §76.15 thatare shown, to the satisfaction of thepermitting authority, not to be rel-evant to NOX emissions from the af-fected unit; and

(C) In the event the performanceguarantee or the NOX emission contr olsystem specifications require addi-tional tests not listed in §76.15, orspecify operating conditions notverified by tests listed in §76.15, theowner or operator of the unit shall in-clude such additional tests.

(3) I n accordance wi th §76.10(d)(10),the following information for the oper-ati ng peri od:

(i) T he average NOX emission rat e (inlb/mmBt u) of the specifi c unit ;

(ii) The highest hourly NOX emissionrate (in lb/mmBtu) of the specific unit;

(iii) Hourly NOX emission rate (in lb/mmBtu), calculated in accordance wit hpart 75 of this chapter;

(iv) Total heat input (in mmBtu) forthe unit for each hour of operation,calculated in accordance with the re-quirements of part 75 of this chapter;and

(v) Total integrated hourly gross unit

load (in MWge).(b) A petition for an alternative

emission limitation shall include thefollowing information in accordancewi th §76.10(e)(6).

(1) Total heat input (in mmBtu) forthe unit for each hour of operation,calculated in accordance with the re-quirements of part 75 of this chapter;

(2) Hourly NOX emission rate (in lb/mmBtu), calculated in accordance wit h

the requirements of part 75 of thischapter; and

(3) T otal int egrated hourly gross unitload (MWge).

(c) Report ing of the costs of low NO Xburner techno logy app l ied to Group 1,

Ph ase I boi lers. (1) E xcept as provided inparagraph (c)(2) of t his secti on, the des-ignated representative of a P hase Iunit with a Group 1 boiler that has in-stalled or is installing any form of lowNOX burner technology shall submit tothe Administrator a report containingthe capital cost, operating cost, andbaseline and post-retrofit emissiondata specified in appendix B to thispart. If any of the required equipment,cost, and schedule information are notavailable (e.g., the retrofit project isstill underway), the designated rep-resentative shall include in the reportdetailed cost estimates and other pro-

jected or estimated data in l ieu of theinformation that is not avail able.

(2) T he report u

40 Cfr Part 76-Acid Rain Nitrogen Oxides Emission Reduction Program

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