Regulatory Text: 
DIVISION 2 : NITRIC ACID MANUFACTURING — OZONE NONATTAINMENT AREAS

(Approved by EPA 03/03/2000 (65 FR 11468) effective 04/03/2000.)

Outline:
§117.401.  Applicability.
§117.405.  Emission Specifications.  NOT in SIP
§117.409.  Control Plan Procedures.
§117.411.  Initial Demonstration of Compliance.
§117.413.  Continuous Demonstration of Compliance.
§117.419.  Notification, Recordkeeping, and Reporting Requirements. NOT in SIP
§117.421.  Alternative Case Specific Specifications.


§117.401.  Applicability.

     The provisions of this undesignated head (relating to Nitric Acid Manufacturing) shall apply only in the following areas designated nonattainment for ozone:  Beaumont/Port Arthur and Houston/Galveston.  These provisions shall apply to each nitric acid production unit which is the affected facility.

As adopted by TNRCC May 11, 1993 effective June 9, 1993


 §117.405.  Emission Specifications. NOT in SIP


 §117.409.  Control Plan Procedures.

     Any person affected by this undesignated head (relating to Nitric Acid Manufacturing) shall submit a control plan to the executive director on the compliance status of all required emission controls and monitoring systems by April 1, 1994.  The executive director shall approve the plan if it contains all the information specified in this section.  Revisions to the control plan shall be submitted to the executive director for approval.  The control plan shall provide a detailed description of the method to be followed to achieve compliance, specifying the anticipated dates by which the following steps will be taken:

          (1)  dates by which contracts for emission control and monitoring systems will be awarded or dates by which orders will be issued for the purchase of component parts to accomplish emission control or process modification;

          (2)  date of initiation of on-site construction or installation of emission control equipment or process modification;

          (3)  date by which on-site construction or installation of emission control equipment or process modification is to be completed; and

          (4)  date by which final compliance is to be achieved.

As adopted by TNRCC May 11, 1993 effective June 9, 1993


 §117.411.  Initial Demonstration of Compliance.

     (a)  Compliance with the nitrogen oxides emission limits specified in §117.405 of this title (relating to Emission Specifications) shall be determined by the performance testing procedures specified in 40 Code of Federal Regulations (CFR), Part 60, Appendix A, Method 7, or an equivalent method approved by the executive director.  Method 7A, 7B, 7C, or 7D may be used in place of Method 7.  If Method 7C or 7D is used, the sampling time shall be at least one hour.

     (b)  Performance testing shall be conducted in accordance with the procedures specified in 40 CFR, Part 60, §60.8.

     (c)  Any continuous emissions monitoring systems (CEMS) or predictive emissions monitoring systems (PEMS) required by §117.413 of this title (relating to Continuous Demonstration of Compliance) shall be installed and operational prior to conducting demonstration of compliance testing under subsections (a) and (b) of this section.  Verification of operational status shall, as a minimum, include completion of the manufacturer's written requirements or recommendations for installation, operation, and calibration of the device or system.

     (d)  Testing conducted prior to the effective date of this rule may be used to demonstrate compliance with the standard specified in §117.405 of this title if the owner or operator of an affected facility demonstrates to the executive director that the prior demonstration of compliance testing at least meets the requirements of subsections (a), (b), and (c) of this section.  The executive director reserves the right to request demonstration of compliance testing or CEMS or PEMS performance evaluation at any time.

As adopted by TNRCC May 25, 1994 effective June 23, 1994.


 §117.413.  Continuous Demonstration of Compliance.

     (a)  The owner or operator of any facility subject to the provisions of this undesignated head (relating to Nitric Acid Manufacturing) shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring nitrogen oxides (NO_x) from the absorber.

     (b)  Any CEMS installed subject to subsection (a) of this section shall meet all requirements of 40 Code of Federal Regulations (CFR), Part 60, §60.13; 40 CFR 60, Appendix B, Performance Specification 2; and quality assurance procedures of 40 CFR 60, Appendix F, except that a cylinder gas audit may be performed in lieu of the annual relative accuracy test audit required in Section 5.1.1.

     (c)  As an alternative to CEMS, the owner or operator of units subject to continuous monitoring requirements under this undesignated head may, with the approval of the executive director, elect to install, calibrate, maintain, and operate a predictive emissions monitoring system (PEMS).  The required PEMS shall be used to measure NO_x emissions for each affected unit and shall be used to demonstrate continuous compliance with the emission limitations of §117.405 of this title (relating to Emission Specifications).  Any PEMS shall meet the requirements of §117.419 of this title (relating to Notification, Recordkeeping, and Reporting Requirements) and §117.213(c)(1)-(3) of this title (relating to Continuous Demonstration of Compliance).

     (d)  The owner or operator of an affected facility shall establish a conversion factor for the purpose of converting monitoring data into units of the emission standard (in pounds NO_x per ton of acid produced, expressed as 100% nitric acid) as specified in 40 CFR 60, Subpart G, §60.73(b).  NO_x emissions data recorded by the CEMS or PEMS shall be represented in terms of both parts per million by volume and pounds NO_x per ton of acid produced, expressed as 100% nitric acid.

     (e)  After the initial demonstration of compliance required by §117.411 of this title (relating to Initial Demonstration of Compliance), compliance with §117.405 of this title shall be determined by the methods required in this section.  Compliance with the emission limitations may also be determined at the discretion of the executive director using any Texas Natural Resource Conservation Commission compliance method.

As adopted by TNRCC May 25, 1994 effective June 23, 1994.


§117.419.  Notification, Recordkeeping, and Reporting Requirements. NOT in SIP


 §117.421.  Alternative Case Specific Specifications.

     Where a person can demonstrate that an affected unit cannot attain the requirements of §117.405 of this title (relating to Emission Specifications), as applicable, the executive director, on a case-by-case basis after considering the technological and economic circumstances of the individual unit, may approve emission specifications different from §117.405 of this title for that unit based on the determination that such specifications are the result of the lowest emission limitation the unit is capable of meeting after the application of reasonably available control technology.  Any person affected by the decision of the executive director may appeal to the commission by filing written notice of appeal with the executive director within 30 days after the decision.  Such appeal is to be taken by written notification to the executive director.  Section 103.71 of this title (relating to Request for Action by the commission should be consulted for the method of requesting commission action on the appeal.  Executive director approval does not necessarily constitute satisfaction of all federal requirements nor eliminate the need for approval by the United States Environmental Protection Agency in cases where specified criteria for determining equivalency have not been clearly identified in applicable sections of this undesignated head (relating to Nitric Acid Manufacturing).

As adopted by TNRCC May 25, 1994 effective June 23, 1994.

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