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New Source Performance Standards, 40 CFR 60

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U.S. EPA regulations concerning stationary sources are found under Title 40 Subchapter C of the Code. Newly constructed sources are required to meet New Source Performance Standards (NSPS), which are given in Part 60 of Title 40 (expressed as 40 CFR 60). Each source category, such as the electric utilities, municipal incinerators, or cement plants, is assigned a Subpart letter (Subpart Da, Eb, and F, respectively) by which it is referred to in the CFR (U.S. EPA 2020a).

The rules prepared by this office affect newly constructed sources. A “new source” is defined as one constructed after the date the rules are first proposed in the Federal Register. An “existing source” is a source constructed before that date. Rules for existing sources are given by the individual states, usually in facility operating permits, with federal guidance and approval. The Part 60 Subparts address primarily new sources, but also include subparts that provide guidance to the states to develop rules for existing sources. When meeting the federal guidance requirements, the rules for specific source categories can be incorporated into the State Implementation Plan (SIP) (U.S. EPA 2020b). Source categories required to install CEM systems under NSPS are given in Table 2‐1.


Figure 2‐3 U.S. Rulemaking requiring CEM systems.

Table 2‐1 shows the depth of CEM applications in U.S. industry and power production, but it should also be viewed as a guide to the Part 60 Subparts. The table gives applicability dates that distinguish “existing” sources from “new” and modified or reconstructed sources. The table lists those source categories required to monitor the concentration of gaseous pollutants, flue gas opacity, and/or particulate matter (PM). The table also lists the types of operational units on which a CEM system is to be installed. For example, Subpart BB for Kraft pulp mills may require monitoring on a number of devices, such as the recovery furnace, lime kiln, and digester contained within the plant. Sources such as the electric utilities or municipal waste combustors may have multiple boilers or combustors, all of which may require monitoring.

Note that most of the “effective dates” are old, and one might consider that “new” sources first affected by this program are now “old.” When Part 60 source requirements prove to be inadequate, new subparts are added to address newer “new” sources. This is the case for Subparts D and Da for electric utilities, Subparts Ea and Eb for municipal waste combustors, and Subparts J and Ja for petroleum refineries. The newer rules become more proscriptive and often require the installation of CEM systems not required in earlier subparts. Both new and existing stationary sources can be further regulated through programs such as the acid rain program of 40 CFR 75 and the air toxics program of 40 CFR 63, in addition to state permit requirements. Each of these programs can impose additional monitoring requirements.

TABLE 2‐1 Summary of New Source Performance Standards (NSPS) 40 CFR 60 CEM Requirements for Sources with Effective Dates 1971–1990

Source: Data from U.S. EPA (2020b).

Source Category Part 60 Subpart Affected Units Effective Datea,b CEM Requirementsc CFR Monitoring Reference
Hospital/Medical/Infectious Waste Incinerators (HMIWI) Ce SIP Guidelines Combustor 6/20/96 3/16/98b CO 60.37e
Fossil‐fuel‐fired steam generators D Boilers > 73 MW 8/17/71a ,b SO2, NOx, CO O2 or CO2 Opacity (PM CEMS option) 60.45
Electric utility steam‐generating unitsd Da Boilers > 73 MW 9/18/78a ,b 2/28/05a ,b (IGCC) SO2, NOx, CO O2 or CO2 Opacity PM CEMS (Options for PMCPMS, Bag Leak Detector) 60.49Da
Industrial‐commercial‐ institutional steam‐generating units Db Boilers >29 MW < 73 MW 6/19/84a ,b SO2, NOx, CO O2 or CO2 Opacity (PM CEMS Option) 60.46b 60.47b 60.48b
Small industrial‐commercial‐institutional steam‐generating units Dc Boilers > 2.9 MW <29 MW 6/9/89a SO2 Opacity 60.46c 60.47c
Municipal waste combustors Ea Combustor 12/20/89 Opacity SO2, NOx, CO 69.56a
Municipal waste combustors Eb Combustor 9/20/94 6/19/96b Opacity SO2, NOx, CO (Options for PM HCl, Hg, D/F) 60.58b
Portland cement plants F Kiln and clinker cooler 8/17/71 Opacity 60.63
HNO3 plants G Process equipment 8/17/71 NOx 60.73
HNO3 plants Ga Process equipment 10/14/11b NOx 60.73a
H2SO4 plants H Process equipment 8/17/71 SO2 O2, CO2 60.84
Petroleum refineries J Catalytic cracker Fuel gas combustor Claus recovery plants 6/11/73 Opacity, SO2, O2, CO SO2 or H2S TRS or SO2 O2 60.105
Petroleum refineries Ja Fluid Catalytic Cracking Units Sulfur Recovery Units Fuel Gas Combustion Process Heaters 5/14/07 PM, Opacity BLD CO, CO2, O2 SO2, NOx SO2, TRS, H2S O2 SO2 or H2S O2 NOx,O2 60.106a 60.106b 60.107a
Primary copper smelters P Roaster/Smelter Cu convertor Dryer 10/16/74 SO2 Opacity 60.165
Primary zinc smelters Q Sintering machine 10/16/74 Opacity SO2 60.175
Primary lead smelters R Blast/Reverberatory furnaces Sintering machine 10/16/74 Opacity Opacity SO2 60.185
Ferroalloy production facilities Z Submerged electric arc furnaces 10/21/74 Opacity 60.264
Steel plants AA Electric arc furnaces Constructed between 10/21/74 and 8/17/83 Opacity 60.273
Steel plants AAa Electric arc furnaces 8/7/83 Opacity 60.273a
Kraft pulp mills BB Recovery furnace Lime kiln Digester Brown stock washer Evaporator:oxidation andstripper system 9/24/76 Opacity, TRSe 60.284
Glass manufacturing plants CC Glass melting furnace 6/15/79 Opacity 60.293
Stationary gas turbines GG 10 MBtu Constructed between 10/3/77 to 7/8/04 Option: NOx, O2/CO2 60.334
Lime manufacturing facilities HH Rotary lime kiln 5/3/77 Opacity, or scrubber Δp & supply P 60.343
Phosphate rock plants NN Dryer and calciner grinder 9/21/79 Opacity Opacity 60.403
Tire manufacturing industry BBB 1/20/83 VOCd 60.544
Polymer industry DDD Carbon adsorbers Constructed between 9/30/87 – 11/10/89 VOCd 60.563
Flexible vinyl and urethane coating and printing FFF Solvent recovery controls Exhaust hoods 1/18/83 VOCd 60.584
Synthetic Organic Chemical Manufacturing Industry (SOCMI) III Air oxidation process controls Absorbers, condensers, carbon adsorbers 10/21/83 VOCd 69.615 60.613
Onshore natural gas processing LLL Sweetening units Constructed between 1/20/84 and 8/23/11 TRS, SO2 Velocity 60.646
SOCMI NNN Distillation operations 12/30/83 VOCd 60.663
Nonmetallic mineral processing plants OOO Baghouses 4/22/08 Particulate Matter 60.674
Petroleum refinery wastewater systems QQQ Carbon adsorbers 5/4/87 VOC 60.694 60.695
SOCMI reactor processes RRR Absorbers Condensers Adsorbers 6/29/90 VOCd 60.703
Magnetic tape coating SSS Carbon adsorbers 1/22/86 VOCd 60.714
Mineral industries UUU Calciners and dryers 4/23/86 Opacity 60.734
Polymeric coating VVV Carbon adsorbers 4/30/87 VOCd 60.774

a NSPS applies if construction commenced after this date.

b NSPS applies if modification or reconstruction commenced after this date.

c CEM requirements are as applicable when meeting the conditions of the subpart.

d Rule applies if constructed before this date

e Organic monitoring device based on IP, photoionization, or thermal conductivity.

Not listed in the table are operational units or smaller sources that instead of installing CEM systems may alternatively be required to monitor process parameters such as pressure drops, temperatures, or fuel flow rates. Regulatory relief is applied to smaller sources where it can be a burden to purchase, operate, and maintain a CEM system. Here, the less stringent parameter monitoring requirements for low‐emitting sources may not be especially significant when considering their relatively smaller contribution to the atmospheric pollution burden.

The subparts tend to be complex. Accordingly, they should be referred to for detailed information concerning units of the emissions standards, monitoring requirements, reporting requirements, and exceptions.

Continuous Emission Monitoring

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