Skip to content
LexBuild

40 CFR § 76.5 - NO emission limitations for Group 1 boilers.

---
identifier: "/us/cfr/t40/s76.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 76.5 - NO emission limitations for Group 1 boilers."
title_number: 40
title_name: "Protection of Environment"
section_number: "76.5"
section_name: "NO emission limitations for Group 1 boilers."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "76"
part_name: "ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7601 and 7651"
regulatory_source: "60 FR 18761, Apr. 13, 1995, unless otherwise noted."
cfr_part: "76"
---

# 76.5 NO emission limitations for Group 1 boilers.

(a) Beginning January 1, 1996, or for a unit subject to section 404(d) of the Act, the date on which the unit is required to meet Acid Rain emission reduction requirements for SO<sub>2</sub>, the owner or operator of a Phase I coal-fired utility unit with a tangentially fired boiler or a dry bottom wall-fired boiler (other than units applying cell burner technology) shall not discharge, or allow to be discharged, emissions of NO<sub>X</sub> to the atmosphere in excess of the following limits, except as provided in paragraphs (c) or (e) of this section or in § 76.10, 76.11, or 76.12:

(1) 0.45 lb/mmBtu of heat input on an annual average basis for tangentially fired boilers.

(2) 0.50 lb/mmBtu of heat input on an annual average basis for dry bottom wall-fired boilers (other than units applying cell burner technology).

(b) The owner or operator shall determine the annual average NO<sub>X</sub> emission rate, in lb/mmBtu, using the methods and procedures specified in part 75 of this chapter.

(c) Unless the unit meets the early election requirement of § 76.8, the owner or operator of a coal-fired substitution unit with a tangentially fired boiler or a dry bottom wall-fired boiler (other than units applying cell burner technology) that satisfies the requirements of § 76.1(c)(2), shall comply with the NO<sub>X</sub> emission limitations that apply to Group 1, Phase II boilers.

(d) The owner or operator of a Phase I unit with a cell burner boiler that converts to a conventional wall-fired boiler on or before January 1, 1995 or, for a unit subject to section 404(d) of the Act, the date the unit is required to meet Acid Rain emissions reduction requirements for SO<sub>2</sub> shall comply, by such respective date or January 1, 1996, whichever is later, with the NO<sub>X</sub> emissions limitation applicable to dry bottom wall-fired boilers under paragraph (a) of this section, except as provided in paragraphs (c) or (e) of this section or in § 76.10, 76.11, or 76.12.

(e) The owner or operator of a Phase I unit with a Group 1 boiler that converts to a fluidized bed or other type of utility boiler not included in Group 1 boilers on or before January 1, 1995 or, for a unit subject to section 404(d) of the Act, the date the unit is required to meet Acid Rain emissions reduction requirements for SO<sub>2</sub> is exempt from the NO<sub>X</sub> emissions limitations specified in paragraph (a) of this section, but shall comply with the NO<sub>X</sub> emission limitations for Group 2 boilers under § 76.6.

(f) Except as provided in § 76.8 and in paragraph (c) of this section, each unit subject to the requirements of this section is not subject to the requirements of § 76.7.

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