Applicability Exemptions

Section 217.160  Applicability Exemptions a)         The provisions of this Subpart do not apply to boilers serving a generator that has a nameplate capacity greater than 25 MWe and produces electricity for sale, if the boilers meet the applicability criteria under Subpart M of this Part. b)         The provisions of this Subpart do not apply to fluidized catalytic cracking units, their regenerator and associated CO boiler or boilers and CO furnace or furnaces where present, if the units are located at a petroleum refinery and the units are required to meet emission limits or control requirements for NO x as provided for in an enforceable order. c)         Before July 1, 2025, the provisions of this Subpart do not apply to an industrial boiler operating under a federally enforceable limit of NO x emissions from the boiler to less than 15 tons per year and less than five tons per ozone season. d)         On and after July 1, 2025, the provisions of this Subpart, except for recordkeeping and reporting requirements, do not apply to an industrial boiler when (1) backup distillate fuel oil is used in lieu of natural gas during periods of natural gas curtailment or gas supply interruption; or (2) during periods of periodic testing and maintenance of backup fuels or operator training, not exceeding 48 hours in a calendar year.