AB 463

Under the federal Clean Air Act, the Environmental Protection Agency (EPA)

establishes performance standards for new stationary sources that emit air

pollutants. A stationary source is a facility that emits an air pollutant only from a

fixed location. Under current state law, when EPA establishes an air pollution

emission performance standard (emission standard), the Department of Natural

Resources (DNR) must promulgate by rule a similar emission standard that may not

be more restrictive than the federal standard. DNR's rule must include

administrative requirements that are consistent with the federal administrative

requirements.

Among the emission standards promulgated by DNR rule are standards for

emission of nitrogen oxides from certain combustion turbines. This bill provides that

certain of those standards do not apply to a simple cycle combustion turbine that

undergoes a modification on or after February 1, 2001 and that meets certain

conditions. The first condition requires DNR and EPA to find that the owner or

operator of the combustion turbine has satisfactorily demonstrated that equipping

the turbine with a dry low nitrogen oxide combustion system is not technologically

or economically feasible or such a system is not commercially available from the

manufacturer of the combustion turbine. The EPA must concur with DNR's finding

in writing. In addition, the owner or operator of the combustion turbine must control

nitrogen oxide emissions during operation of the combustion turbine by injecting

water into the combustion turbine according to the manufacturer's specifications.

Finally, the concentration of nitrogen oxide emitted from the combustion turbine

may not exceed certain levels specified in the bill.