Regulatory Text: 
Section 112.8.  Allowable Emission Rates From Solid Fossil Fuel-Fired Steam Generators.

(Approved by EPA 08/30/93 (58 FR 45457) at 52.2270(c)(76) effective 10/29/93 except for subsection (b) and introductory statement to subsection (a).  Subsection (b) and introductory statement to subsection (a) approved by EPA 09/23/96 (61 FR 49685) at 52.2270(c)(101) effective 11/22/96.  A correction to 52.2270(c)(101) was published 02/18/97 (62 FR 07163) effective 02/18/97.)

   (a) Except as provided in subsection (b) of this section, no person may cause, suffer, allow, or permit emissions of sulfur dioxide (SO2) from any solid fossil fuel-fired steam generator to exceed 3.0 pounds per million Btu (MMBtu) heat input.

   (b) No person may cause, suffer, allow, or permit emissions of SO2 from any solid fossil fuel-fired steam generator located in Milam County, which began operation prior to January 1, 1955, to exceed 4.0 pounds per MMBtu heat input.

   (c) Units having a design heat input of greater than 1,500 MMBtu per hour and, which on January 1, 1991, were not subject to New Source Performance Standards, shall meet one of the following  requirements:

     (1) After July 31, 1996, no person may cause, suffer, allow, or permit emissions of SO2 from any solid fossil fuel-fired steam generator to exceed 1.2 pounds per MMBtu heat input averaged over a three-hour period or an equivalent in total allowable annual site emissions, or 

     (2) The owner/operator of the unit(s) shall fund and support a research study of winter atmospheric haze, also known as "white haze," in the Dallas/Fort Worth (DFW) area, to be completed by July 31, 1996.  Within 90 days from the effective date of this rule, the owner/operator shall submit a formal proposal for this study designed to allow successful completion of this study by the date specified above.  The proposal shall include milestone dates, the study's general approach and objectives, and shall include minimum and maximum financial responsibilities on the part of the owner/operator.  The Texas Natural Resource Conservation Commission (TNRCC) Executive Director shall approve or reject the study within 120 days from date of the proposal submittal.  The TNRCC shall base its approval or rejection on the technical merits and adequacy of approach to the research study.  Should the proposal be rejected, an extension not to exceed 60 days for renegotiation may be granted at the discretion of the Executive Director.  Should this extension expire without proposal approval, then subsection (c)(1) shall apply.  Following such approval, the study shall be directed by a steering committee selected by the TNRCC in consultation with the owner/operator of the unit(s) and shall be controlled, comprehensive, state-of-the-art, and quality-assured.  The steering committee shall define the scope of the study and establish appropriate milestones to assure completion of the study by July 31, 1996.  The study shall be designed to demonstrate conclusively whether or not a reduction of SO2 emissions from the affected unit(s) to 1.2 pounds per MMBtu will significantly improve winter visibility in the DFW area.  No later than October 31, 1996, the TNRCC shall make a finding based on the study as follows, either:

       (A) that reductions of SO2 emissions from the affected unit(s), as defined in subsection (c) of this section, will significantly improve winter visibility in the DFW area.  If such finding is made, then the affected unit(s) shall achieve compliance with a SO2 emission limit of 1.2 pounds per MMBtu or an equivalent in total allowable annual site emissions by July 31, 2000, or

       (B) that reductions of SO2 emissions from the affected unit(s), as defined in subsection (c) of this section, will not significantly improve winter visibility in the DFW area.  If such a finding is made or if the TNRCC can not make a finding on the basis of the study by October 31, 1996, then the affected unit(s) shall maintain compliance with subsection (a) of this section.

   (d) Except as provided in subsection (e) of this section, beginning September 30, 1994, solid fossil fuel-fired steam generators of greater than 250 MMBtu heat input per hour which are equipped with SO2 control equipment shall be equipped with a continuous emissions monitoring system (CEMS) for SO2.  The CEMS shall be installed, calibrated, and operated as specified in 40 CFR Part 51, Appendix P, hereby incorporated by reference.

   (e) In lieu of the requirements of subsection (d) of this section, beginning September 30, 1994, sources subject to Section 412(c) of the Federal Clean Air Act as amended in 1990 shall meet the requirements of Section 412(c) and the regulations promulgated thereunder.

As adopted by TACB 09/18/92 effective 10/23/92