Regulations last checked for updates: Oct 17, 2024

Title 40 - Protection of Environment last revised: Oct 15, 2024
§ 74.20 - Data for baseline and alternative baseline.

(a) Acceptable data. (1) The designated representative of a combustion source shall submit either the data specified in this paragraph or alternative data under paragraph (c) of this section. The designated representative shall also submit the calculations under this section based on such data.

(2) The following data shall be submitted for the combustion source for the calendar year(s) under paragraph (a)(3) of this section:

(i) Monthly or annual quantity of each type of fuel consumed, expressed in thousands of tons for coal, thousands of barrels for oil, and million standard cubic feet (scf) for natural gas. If other fuels are used, the combustion source must specify units of measure.

(ii) Monthly or annual heat content of fuel consumed for each type of fuel consumed, expressed in British thermal units (Btu) per pound for coal, Btu per barrel for oil, and Btu per standard cubic foot (scf) for natural gas. If other fuels are used, the combustion source must specify units of measure.

(iii) Monthly or annual sulfur content of fuel consumed for each type of fuel consumed, expressed as a percentage by weight.

(3) Calendar Years. (i) For combustion sources that commenced operating prior to January 1, 1985, data under this section shall be submitted for 1985, 1986, and 1987.

(ii) For combustion sources that commenced operation after January 1, 1985, the data under this section shall be submitted for the first three consecutive calendar years during which the combustion source operated after December 31, 1985.

(b) Calculation of baseline and alternative baseline. (1) For combustion sources that commenced operation prior to January 1, 1985, the baseline is the average annual quantity of fuel consumed during 1985, 1986, and 1987, expressed in mmBtu. The baseline shall be calculated as follows:

where,

(i) for a combustion source submitting monthly data,

and unit conversion = 2 for coal = 0.001 for oil = 1 for gas For other fuels, the combustion source must specify unit conversion; or

(ii) for a combustion source submitting annual data,

and unit conversion = 2 for coal = 0.001 for oil = 1 for gas For other fuels, the combustion source must specify unit conversion.

(2) For combustion sources that commenced operation after January 1, 1985, the alternative baseline is the average annual quantity of fuel consumed in the first three consecutive calendar years during which the combustion source operated after December 31, 1985, expressed in mmBtu. The alternative baseline shall be calculated as follows:

where, “annual fuel consumption” is as defined under paragraph (b)(1)(i) or (ii) of this section.

(c) Alternative data. (1) For combustion sources for which any of the data under paragraph (b) of this section is not available due solely to a natural catastrophe, data as set forth in paragraph (a)(2) of this section for the first three consecutive calendar years for which data is available after December 31, 1985, may be submitted. The alternative baseline for these combustion sources shall be calculated using the equation for alternative baseline in paragraph (b)(2) of this section and the definition of annual fuel consumption in paragraphs (b)(1)(i) or (ii) of this section.

(2) Except as provided in paragraph (c)(1) of this section, no alternative data may be submitted. A combustion source that cannot submit all required data, in accordance with this section, shall not be eligible to submit an opt-in permit application.

(d) Administrator's action. The Administrator may accept in whole or in part or with changes as appropriate, request additional information, or reject data or alternative data submitted for a combustion source's baseline or alternative baseline.

§ 74.22 - Actual SO2 emissions rate.

(a) Data requirements. The designated representative of a combustion source shall submit the calculations under this section based on data submitted under § 74.20 for the following calendar year:

(1) For combustion sources that commenced operation prior to January 1, 1985, the calendar year for calculating the actual SO2 emissions rate shall be 1985.

(2) For combustion sources that commenced operation after January 1, 1985, the calendar year for calculating the actual SO2 emissions rate shall be the first year of the three consecutive calendar years of the alternative baseline under § 74.20(b)(2).

(3) For combustion sources meeting the requirements of § 74.20(c), the calendar year for calculating the actual SO2 emissions rate shall be the first year of the three consecutive calendar years to be used as alternative data under § 74.20(c).

(b) SO2 emissions factor calculation. The SO2 emissions factor for each type of fuel consumed during the specified year, expressed in pounds per thousand tons for coal, pounds per thousand barrels for oil and pounds per million cubic feet (scf) for gas, shall be calculated as follows:

SO2 Emissions Factor = (average percent of sulfur by weight) × (k), where, average percent of sulfur by weight = annual average, for a combustion source submitting annual data = monthly average, for a combustion source submitting monthly data k = 39,000 for bituminous coal or anthracite = 35,000 for subbituminous coal = 30,000 for lignite = 5,964 for distillate (light) oil = 6,594 for residual (heavy) oil = 0.6 for natural gas For other fuels, the combustion source must specify the SO2 emissions factor.

(c) Annual SO2 emissions calculation. Annual SO2 Emissions for the specified calendar year, expressed in pounds, shall be calculated as follows:

(1) For a combustion source submitting monthly data,

(2) For a combustion source submitting annual data:

where, “quantity of fuel consumed” is as defined under § 74.20(a)(2)(i); “SO2 emissions factor” is as defined under paragraph (b) of this section; “control system efficiency” is as defined under § 60.48(a) and part 60, appendix A, method 19 of this chapter, if applicable; and “fuel pre-treatment efficiency” is as defined under § 60.48(a) and part 60, appendix A, method 19 of this chapter, if applicable.

(d) Annual fuel consumption calculation. Annual fuel consumption for the specified calendar year, expressed in mmBtu, shall be calculated as defined under § 74.20(b)(1) (i) or (ii).

(e) Actual SO2 emissions rate calculation. The actual SO2 emissions rate for the specified calendar year, expressed in lbs/mmBtu, shall be calculated as follows:

[60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998]
§ 74.23 - 1985 Allowable SO2 emissions rate.

(a) Data requirements. (1) The designated representative of the combustion source shall submit the following data and the calculations under paragraph (b) of this section based on the submitted data:

(i) Allowable SO2 emissions rate of the combustion source expressed in lbs/mmBtu as defined under § 72.2 of this chapter for the calendar year specified in paragraph (a)(2) of this section. If the allowable SO2 emissions rate is not expressed in lbs/mmBtu, the allowable emissions rate shall be converted to lbs/mmBtu by multiplying the emissions rate by the appropriate factor as specified in Table 1 of this section.

Table 1—Factors to Convert Emission Limits to Pounds of SO2/mmBtu

Unit measurement Bituminous coal Subbituminous coal Lignite coal Oil
lbs Sulfur/mmBtu2.02.02.02.0
% Sulfur in fuel1.662.222.861.07
ppm SO20.002870.003840.00167
ppm Sulfur in fuel0.00334
tons SO2/hour2 × 8760/(annual fuel consumption for specified year 1 × 10 3)
lbs SO2/hour8760/(annual fuel consumption for specified year 1 × 10 6)

1 Annual fuel consumption as defined under § 74.20(b)(1) (i) or (ii); specified calendar year as defined under § 74.23(a)(2).

(ii) Citation of statute, regulations, and any other authority under which the allowable emissions rate under paragraph (a)(1) of this section is established as applicable to the combustion source;

(iii) Averaging time associated with the allowable emissions rate under paragraph (a)(1) of this section.

(iv) The annualization factor for the combustion source, based on the type of combustion source and the associated averaging time of the allowable emissions rate of the combustion source, as set forth in the Table 2 of this section:

Table 2—Annualization Factors for SO2 Emission Rates

Type of combustion source Annualization factor for scrubbed unit Annualization factor for unscrubbed unit
Unit Combusting Oil, Gas, or some combination1.001.00
Coal Unit with Averaging Time ≤ 1 day0.930.89
Coal Unit with Averaging Time = 1 week0.970.92
Coal Unit with Averaging Time = 30 days1.000.96
Coal Unit with Averaging Time = 90 days1.001.00
Coal Unit with Averaging Time = 1 year1.001.00
Coal Unit with Federal Limit, but Averaging Time Not Specified0.930.89

(2) Calendar year. (i) For combustion sources that commenced operation prior to January 1, 1985, the calendar year for the allowable SO2 emissions rate shall be 1985.

(ii) For combustion sources that commenced operation after January 1, 1985, the calendar year for the allowable SO2 emissions rate shall be the first year of the three consecutive calendar years of the alternative baseline under § 74.20(b)(2).

(iii) For combustion sources meeting the requirements of § 74.20(c), the calendar year for calculating the allowable SO2 emissions rate shall be the first year of the three consecutive calendar years to be used as alternative data under § 74.20(c).

(b) 1985 Allowable SO2 emissions rate calculation. The allowable SO2 emissions rate for the specified calendar year shall be calculated as follows:

1985 Allowable SO2 Emissions Rate = (Allowable SO2 Emissions Rate) × (Annualization Factor)
§ 74.24 - Current allowable SO2 emissions rate.

The designated representative shall submit the following data:

(a) Current allowable SO2 emissions rate of the combustion source, expressed in lbs/mmBtu, which shall be the most stringent federally enforceable emissions limit in effect as of the date of submission of the opt-in application. If the allowable SO2 emissions rate is not expressed in lbs/mmBtu, the allowable emissions rate shall be converted to lbs/mmBtu by multiplying the allowable rate by the appropriate factor as specified in Table 1 in § 74.23(a)(1)(i).

(b) Citations of statute, regulation, and any other authority under which the allowable emissions rate under paragraph (a) of this section is established as applicable to the combustion source;

(c) Averaging time associated with the allowable emissions rate under paragraph (a) of this section.

§ 74.25 - Current promulgated SO2 emissions limit.

The designated representative shall submit the following data:

(a) Current promulgated SO2 emissions limit of the combustion source, expressed in lbs/mmBtu, which shall be the most stringent federally enforceable emissions limit that has been promulgated as of the date of submission of the opt-in permit application and that either is in effect on that date or will take effect after that date. If the promulgated SO2 emissions limit is not expressed in lbs/mmBtu, the limit shall be converted to lbs/mmBtu by multiplying the limit by the appropriate factor as specified in Table 1 of § 74.23(a)(1)(i).

(b) Citations of statute, regulation and any other authority under which the emissions limit under paragraph (a) of this section is established as applicable to the combustion source;

(c) Averaging time associated with the emissions limit under paragraph (a) of this section.

(d) Effective date of the emissions limit under paragraph (a) of this section.

§ 74.26 - Allocation formula.

(a) The Administrator will calculate the annual allowance allocation for a combustion source based on the data, corrected as necessary, under § 74.20 through § 74.25 as follows:

(1) For combustion sources for which the current promulgated SO2 emissions limit under § 74.25 is greater than or equal to the current allowable SO2 emissions rate under § 74.24, the number of allowances allocated for each year equals:

(2) For combustion sources for which the current promulgated SO2 emissions limit under § 74.25 is less than the current allowable SO2 emissions rate under § 74.24.

(i) The number of allowances for each year ending prior to the effective date of the promulgated SO2 emissions limit equals:

(ii) The number of allowances for the year that includes the effective date of the promulgated SO2 emissions limit and for each year thereafter equals:

[60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998]
§ 74.28 - Allowance allocation for combustion sources becoming opt-in sources on a date other than January 1.

(a) Dates of entry. (1) If an opt-in source provided monthly data under § 74.20, the opt-in source's opt-in permit may become effective at the beginning of a calendar quarter as of January 1, April 1, July 1, or October 1.

(2) If an opt-in source provided annual data under § 74.20, the opt-in source's opt-in permit must become effective on January 1.

(b) Prorating by Calendar Quarter. Where a combustion source's opt-in permit becomes effective on April 1, July 1, or October 1 of a given year, the Administrator will prorate the allowance allocation for that first year by the calendar quarters remaining in the year as follows:

Allowances for the first year

(1) For combustion sources that commenced operations before January 1, 1985,

(2) For combustion sources that commenced operations after January 1, 1985,

(3) Under paragraphs (b) (1) and (2) of this section,

(i) “Remaining calendar quarters” shall be the calendar quarters in the first year for which the opt-in permit will be effective.

(ii) Fuel consumption for remaining calendar quarters =

where unit conversion = 2 for coal = 0.001 for oil = 1 for gas For other fuels, the combustion source must specify unit conversion; and where starting month = April, if effective date is April 1; = July, if effective date is July 1; and = October, if effective date is October 1.
authority: 42 U.S.C. 7601 and 7651
source: 60 FR 17115, Apr. 4, 1995, unless otherwise noted.
cite as: 40 CFR 74.22