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Texas SIP: 30 TAC 117.471-117.479: Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources, SIP effective 2008-09-15

Regulatory Text: 
Texas Chapter 117 - Control of Air Pollution from Nitrogen Compounds

SUBCHAPTER D:  SMALL COMBUSTION SOURCES

DIVISION 2:  BOILERS, PROCESS HEATERS, AND STATIONARY ENGINES AND GAS TURBINES AT MINOR SOURCES
As approved by EPA August 15, 2008 (73 FR 47835) effective September 15, 2008 (TXd92).

Outline:
§117.471.  Applicability. 7-21, TXd29
§117.473.  Exemptions. 7-23, TXd80
§117.475.  Emission Specifications. 7-23, TXd80
§117.478.  Operating Requirements. 7-23, TXd80
§117.479.  Monitoring, Recordkeeping, and Reporting Requirements. 7-26, TXd92
§117.481.  Alternative Case Specific Specifications. NOT IN SIP


§117.471.  Applicability.
As adopted by TNRCC September 26, 2001, effective October 18, 2001 (7-21).
Approved by EPA November 14, 2001 (66 FR 57244) effective December 14, 2001 (TXd29).

     This division (relating to Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources) applies in the Houston/Galveston ozone nonattainment area to the following equipment at any stationary source of nitrogen oxides (NOx) which is not a major source of NOx:

          (1)  boilers and process heaters;

          (2)  stationary, reciprocating internal combustion engines; and

          (3)  stationary gas turbines, including duct burners.

Adopted September 26, 2001, Effective October 18, 2001 (7-21)
**** end tx 117.471 adopted by TNRCC 09/26/2001 (7-21)**d29*ebze***c1a**


§117.473.  Exemptions.
As adopted by TCEQ December 13, 2002 effective January 17, 2003 (7-23).
Approved by EPA September 6, 2006 (71 FR 52670) effective October 6, 2006 (TXd80).

     (a)  This division (relating to Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources) does not apply to the following, except as may be specified in §117.478(c) and §117.479(h) - (j) of this title (relating to Operating Requirements; and Monitoring, Recordkeeping, and Reporting Requirements):

          (1)  boilers and process heaters with a maximum rated capacity of 2.0 million British thermal units per hour (MMBtu/hr) or less;

          (2)  the following stationary engines:

               (A)  engines with a horsepower (hp) rating of less than 50 hp;

               (B)  engines used in research and testing;

               (C)  engines used for purposes of performance verification and testing;

               (D)  engines used solely to power other engines or gas turbines during start-ups;

               (E)  engines operated exclusively in emergency situations, except that operation for testing or maintenance purposes is allowed for up to 52 hours per year, based on a rolling 12-month average.  Any new, modified, reconstructed, or relocated stationary diesel engine placed into service on or after October 1, 2001 is ineligible for this exemption.  For the purposes of this subparagraph, the terms “modification” and “reconstruction” have the meanings defined in §116.10 of this title (relating to General Definitions) and 40 Code of Federal Regulations (CFR) §60.15 (December 16, 1975), respectively, and the term “relocated” means to newly install at an account, as defined in §101.1 of this title (relating to Definitions), a used engine from anywhere outside that account;

               (F)  engines used in response to and during the existence of any officially declared disaster or state of emergency;

               (G)  engines used directly and exclusively by the owner or operator for agricultural operations necessary for the growing of crops or raising of fowl or animals;

               (H)  diesel engines placed into service before October 1, 2001 which:

                    (i)  operate less than 100 hours per year, based on a rolling 12-month average; and

                    (ii)  have not been modified, reconstructed, or relocated on or after October 1, 2001.  For the purposes of this clause, the terms “modification” and “reconstruction” have the meanings defined in §116.10 of this title and 40 CFR §60.15 (December 16, 1975), respectively, and the term “relocated” means to newly install at an account, as defined in §101.1 of this title, a used engine from anywhere outside that account; and

               (I)  new, modified, reconstructed, or relocated stationary diesel engines placed into service on or after October 1, 2001 which:

                    (i)  operate less than 100 hours per year, based on a rolling 12-month average, in other than emergency situations; and

                    (ii)  meet the corresponding emission standard for non-road engines listed in 40 CFR §89.112(a), Table 1 (October 23, 1998) and in effect at the time of installation, modification, reconstruction, or relocation.  For the purposes of this subparagraph, the terms “modification” and “reconstruction” have the meanings defined in §116.10 of this title and 40 CFR §60.15 (December 16, 1975), respectively, and the term “relocated” means to newly install at an account, as defined in §101.1 of this title, a used engine from anywhere outside that account; and

          (3)  stationary gas turbines rated at less than 1.0 megawatt with initial start of operation on or before October 1, 2001.

     (b)  At any stationary source of nitrogen oxides (NOx) which is not subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program), the following are exempt from the requirements of this division, except for the totalizing fuel flow requirements of §117.479(a), (d), and (g)(1) of this title:

          (1)  any boiler or process heater with a maximum rated capacity greater than 2.0 MMBtu/hr and less than 5.0 MMBtu/hr that has an annual heat input less than or equal to 1.8 (109) Btu per calendar year; and

          (2)  any boiler or process heater with a maximum rated capacity equal to or greater than 5.0 MMBtu/hr that has an annual heat input less than or equal to 9.0 (109) Btu per calendar year.

Adopted December 13, 2002, Effective January 17, 2003 (7-23).
***end tx 117.473***7-23***EPA-R06-OAR-2005-TX-0018***TX024***TXd80***h2t***


§117.475.  Emission Specifications.
7-23: As adopted by TCEQ December 13, 2002 effective January 17, 2003 (7-23).
Approved by EPA September 6, 2006 (71 FR 52670) effective October 6, 2006 (TXd80). 
The SIP does not include section 117.475(i)

     (a)  For sources which are subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program), the nitrogen oxides (NOx) emission rate values used to determine allocations for Chapter 101, Subchapter H, Division 3 of this title shall be the lower of any applicable permit limit in a permit issued before January 2, 2001; any permit issued on or after January 2, 2001 for which the owner or operator submitted an application determined to be administratively complete by the executive director before January 2, 2001; any limit in a permit by rule under which construction commenced by January 2, 2001; or the emission specifications in subsection (c) of this section.  The averaging time shall be as specified in Chapter 101, Subchapter H, Division 3 of this title.

     (b)  For sources which are not subject to Chapter 101, Subchapter H, Division 3 of this title, NOx emissions are limited to the lower of any applicable permit limit in a permit issued before January 2, 2001; any permit issued on or after January 2, 2001 for which the owner or operator submitted an application determined to be administratively complete by the executive director before January 2, 2001; any limit in a permit by rule under which construction commenced by January 2, 2001; or the emission specifications in subsection (c) of this section.  The averaging time shall be as follows:

          (1)  if the unit is operated with a NOx continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) under §117.479(c) of this title (relating to Monitoring, Recordkeeping, and Reporting Requirements), either as: 

               (A)  a rolling 30-day average period, in the units of the applicable standard;

               (B)  a block one-hour average, in the units of the applicable standard, or alternatively;

               (C)  a block one-hour average, in pounds per hour, for boilers and process heaters, calculated as the product of the boiler's or process heater's maximum rated capacity and its applicable limit in pound NOx per million British thermal units (lb/MMBtu); or

          (2)  if the unit is not operated with a NOx CEMS or PEMS under §117.479(c) of this title, a block one-hour average, in the units of the applicable standard.

     (c)  The following NOx emission specifications shall be used in conjunction with subsection (a) of this section to determine allocations for Chapter 101, Subchapter H, Division 3 of this title, or in conjunction with subsection (b) of this section to establish unit-by-unit emission specifications, as appropriate:

          (1)  from boilers and process heaters:

               (A)  gas-fired, 0.036 lb/MMBtu heat input (or alternatively, 30 parts per million by volume (ppmv) at 3.0% oxygen (O2), dry basis); and

               (B)  liquid-fired, 0.072 lb/MMBtu heat input (or alternatively, 60 ppmv at 3.0% O2, dry basis);

          (2)  from stationary, gas-fired, reciprocating internal combustion engines:

               (A)  fired on landfill gas, 0.60 gram per horsepower-hour (g/hp-hr); and

               (B)  all others, 0.50 g/hp-hr;

          (3)  from stationary, dual-fuel, reciprocating internal combustion engines, 5.83 g/hp-hr;

          (4)  from stationary, diesel, reciprocating internal combustion engines:

               (A)  placed into service before October 1, 2001 which have not been modified, reconstructed, or relocated on or after October 1, 2001, the lower of 11.0 g/hp-hr or the emission rate established by testing, monitoring, manufacturer’s guarantee, or manufacturer’s other data.  For the purposes of this paragraph, the terms “modification” and “reconstruction” have the meanings defined in §116.10 of this title (relating to General Definitions) and 40 Code of Federal Regulations §60.15 (December 16, 1975), respectively, and the term “relocated” means to newly install at an account, as defined in §101.1 of this title (relating to Definitions), a used engine from anywhere outside that account; and

               (B)  for engines not subject to subparagraph (A) of this paragraph:

                    (i)  with a horsepower rating of 50 hp or greater, but less than 100 hp, which are installed, modified, reconstructed, or relocated:

                         (I)  on or after October 1, 2001, but before October 1, 2003, 6.9 g/hp-hr;

                         (II)  on or after October 1, 2003, but before October 1, 2007, 5.0 g/hp-hr; and

                         (III)  on or after October 1, 2007, 3.3 g/hp-hr;

                    (ii)  with a horsepower rating of 100 hp or greater, but less than 175 hp, which are installed, modified, reconstructed, or relocated:

                         (I)  on or after October 1, 2001, but before October 1, 2002, 6.9 g/hp-hr;

                         (II)  on or after October 1, 2002, but before October 1, 2006, 4.5 g/hp-hr; and

                         (III)  on or after October 1, 2006, 2.8 g/hp-hr;

                    (iii)  with a horsepower rating of 175 hp or greater, but less than 300 hp, which are installed, modified, reconstructed, or relocated:

                         (I)  on or after October 1, 2001, but before October 1, 2002, 6.9 g/hp-hr;

                         (II)  on or after October 1, 2002, but before October 1, 2005, 4.5 g/hp-hr; and

                         (III)  on or after October 1, 2005, 2.8 g/hp-hr;

                    (iv)  with a horsepower rating of 300 hp or greater, but less than 600 hp, which are installed, modified, reconstructed, or relocated:

                         (I)  on or after October 1, 2001, but before October 1, 2005, 4.5 g/hp-hr; and

                         (II)  on or after October 1, 2005, 2.8 g/hp-hr;

                    (v)  with a horsepower rating of 600 hp or greater, but less than or equal to 750 hp, which are installed, modified, reconstructed, or relocated:

                         (I)  on or after October 1, 2001, but before October 1, 2005, 4.5 g/hp-hr; and

                         (II)  on or after October 1, 2005, 2.8 g/hp-hr; and

                    (vi)  with a horsepower rating of 750 hp or greater which are installed, modified, reconstructed, or relocated:

                         (I)  on or after October 1, 2001, but before October 1, 2005, 6.9 g/hp-hr; and

                         (II)  on or after October 1, 2005, 4.5 g/hp-hr;

          (5)  from stationary gas turbines (including duct burners), 0.15 lb/MMBtu; and

          (6)  as an alternative to the emission specifications in paragraphs (1) - (5) of this subsection for units with an annual capacity factor of 0.0383 or less, 0.060 lb/MMBtu heat input.  For units placed into service on or before January 1, 1997, the 1997 - 1999 average annual capacity factor shall be used to determine whether the unit is eligible for the emission specification of this paragraph.  For units placed into service after January 1, 1997, the annual capacity factor shall be calculated from two consecutive years in the first five years of operation to determine whether the unit is eligible for the emission specification of this paragraph, using the same two consecutive years chosen for the activity level baseline.  The five-year period begins at the end of the adjustment period as defined in §101.350 of this title (relating to Definitions).

     (d)  The maximum rated capacity used to determine the applicability of the emission specifications in subsection (c) of this section shall be:

          (1)  the greater of the following:

               (A)  the maximum rated capacity as of December 31, 2000; or

               (B)  the maximum rated capacity after December 31, 2000; or

          (2)  alternatively, the maximum rated capacity authorized by a permit issued under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) on or after January 2, 2001 for which the owner or operator submitted an application determined to be administratively complete by the executive director before January 2, 2001, provided that the maximum rated capacity authorized by the permit issued on or after January 2, 2001 is no less than the maximum rated capacity represented in the permit application as of January 2, 2001.

     (e)  A unit's classification is determined by the most specific classification applicable to the unit as of December 31, 2000.  For example, a unit that is classified as a stationary gas-fired engine as of December 31, 2000, but subsequently is authorized to operate as a dual-fuel engine, shall be classified as a stationary gas-fired engine for the purposes of this chapter.

     (f)  Changes after December 31, 2000 to a unit subject to an emission specification in subsection (c) of this section (ESAD unit) which result in increased NOx emissions from a unit not subject to an emission specification in subsection (c) of this section (non-ESAD unit), such as redirecting one or more fuel or waste streams containing chemical-bound nitrogen to an incinerator with a maximum rated capacity of less than 40 MMBtu/hr or a flare, is only allowed if:

          (1)  the increase in NOx emissions at the non-ESAD unit is determined using a CEMS or PEMS which meets the requirements of §117.479(c) of this title, or through stack testing which meets the requirements of §117.479(e) of this title; and
          (2)  either of the following conditions is met:

               (A)  for sources which are subject to Chapter 101, Subchapter H, Division 3 of this title, a deduction in allowances equal to the increase in NOx emissions at the non-ESAD unit is made as specified in §101.354 of this title (relating to Allowance Deductions); or

               (B)  for sources which are not subject to Chapter 101, Subchapter H, Division 3 of this title, emission credits equal to the increase in NOx emissions at the non-ESAD unit are obtained and used in accordance with §117.570 of this title (relating to Use of Emissions Credits for Compliance).

     (g)  A source which met the definition of major source on December 31, 2000 shall always be classified as a major source for purposes of this chapter.  A source which did not meet the definition of major source (i.e., was a minor source, or did not yet exist) on December 31, 2000, but which at any time after December 31, 2000 becomes a major source, shall from that time forward always be classified as a major source for purposes of this chapter.

     (h)  The availability under subsection (c)(6) of this section of an emission specification for units with an annual capacity factor of 0.0383 or less is based on the unit's status on December 31, 2000.  Reduced operation after December 31, 2000 cannot be used to qualify for a more lenient emission specification under subsection (c)(6) of this section than would otherwise apply to the unit.

     (i)  Not in SIP

Adopted December 13, 2002, Effective January 17, 2003 (7-23).
***end tx 117.475***7-23***EPA-R06-OAR-2005-TX-0018***TX024***TXd80***h2t***


§117.478.  Operating Requirements. 7-23, TXd80
As adopted by TCEQ December 13, 2002 effective January 17, 2003 (7-23).
Approved by EPA September 6, 2006 (71 FR 52670) effective October 6, 2006 (TXd80).

     (a)   The owner or operator shall operate any unit subject to the emission limitations of §117.475 of this title (relating to Emission Specifications) in compliance with those limitations.

     (b)  All units subject to the emission limitations of §117.475 of this title shall be operated so as to minimize nitrogen oxides (NOx) emissions, consistent with the emission control techniques selected, over the unit's operating or load range during normal operations.  Such operational requirements include the following.

          (1)  Each boiler, except for wood-fired boilers, shall be operated with oxygen (O2), carbon monoxide (CO), or fuel trim.

          (2)  Each boiler and process heater controlled with forced flue gas recirculation (FGR) to reduce NOx emissions shall be operated such that the proportional design rate of FGR is maintained, consistent with combustion stability, over the operating range.

          (3)  Each unit controlled with post combustion control techniques shall be operated such that the reducing agent injection rate is maintained to limit NOx concentrations to less than or equal to the NOx concentrations achieved at maximum rated capacity.

          (4)  Each stationary internal combustion engine controlled with nonselective catalytic reduction shall be equipped with an automatic air-fuel ratio (AFR) controller which operates on exhaust O2 or CO control and maintains AFR in the range required to meet the engine's applicable emission limits.

          (5)  Each stationary internal combustion engine shall be checked for proper operation of the engine by recorded measurements of NOx and CO emissions at least quarterly and as soon as practicable within two weeks after each occurrence of engine maintenance which may reasonably be expected to increase emissions, O2 sensor replacement, catalyst cleaning, or catalyst replacement.  Stain tube indicators specifically designed to measure NOx concentrations shall be acceptable for this documentation, provided a hot air probe or equivalent device is used to prevent error due to high stack temperature, and three sets of concentration measurements are made and averaged.  Portable NOx analyzers shall also be acceptable for this documentation.  Quarterly emission testing is not required for those engines whose monthly run time does not exceed ten hours.  This exemption does not diminish the requirement to test emissions after the installation of controls, major repair work, and any time the owner or operator believes emissions may have changed.

     (c)  No person shall start or operate any stationary diesel or dual-fuel engine for testing or maintenance between the hours of 6:00 a.m. and noon, except:

          (1)  for specific manufacturer's recommended testing requiring a run of over 18 consecutive hours;

          (2)  to verify reliability of emergency equipment (e.g., emergency generators or pumps) immediately after unforeseen repairs.  Routine maintenance such as an oil change is not considered to be an unforeseen repair; or

          (3)  firewater pumps for emergency response training conducted in the months of April through October.

Adopted December 13, 2002, Effective January 17, 2003 (7-23).
***end tx 117.478***7-23***EPA-R06-OAR-2005-TX-0018***TX024***TXd80***h2t***


§117.479.  Monitoring, Recordkeeping, and Reporting Requirements.
As adopted by TCEQ April 27, 2005 effective May 19, 2005 (7-26).
Approved by EPA August 15, 2008 (73 FR 47835) effective September 15, 2008 (TXd92).

     (a) Totalizing fuel flow meters.
          (1) The owner or operator of each unit subject to the emission limitations of §117.475, of this title (relating to Emission Specifications) and subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) or claimed exempt under §117.473(b) of this title (relating to Exemptions) shall install, calibrate, maintain, and operate totalizing fuel flow meters with an accuracy of ± 5%, to individually and continuously measure the gas and liquid fuel usage.  A computer that collects, sums, and stores electronic data from continuous fuel flow meters is an acceptable totalizer.  The owner or operator of units with totalizing fuel flow meters installed prior to March 31, 2005, that do not meet the accuracy requirements of this subsection shall either recertify or replace existing meters to meet the ± 5% accuracy required as soon as practicable, but no later than March 31, 2007.  For the purpose of compliance with this subsection for units having pilot fuel supplied by a separate fuel system or from an unmonitored portion of the same fuel system, the fuel flow to pilots may be calculated using the manufacturer's design flow rates rather than measured with a fuel flow meter.  The calculated pilot fuel flow rate must be added to the monitored fuel flow when fuel flow is totaled.
          (2) The following are alternatives to the fuel flow monitoring requirements of this subsection.
               (A) Units operating with a nitrogen oxides (NOX) and diluent continuous emissions monitoring system (CEMS) under subsection (c) of this section may monitor stack exhaust flow using the flow monitoring specifications of 40 Code of Federal Regulations (CFR) Part 60, Appendix B, Performance Specification 6 or 40 CFR Part 75, Appendix A.
               (B) Units that vent to a common stack with a NOx and diluent CEMS under subsection (c) of this section may use a single totalizing fuel flow meter.
               (C) Diesel engines operating with run time meters may meet the fuel flow monitoring requirements of this subsection through monthly fuel use records.
               (D) Units of the same category of equipment subject to Chapter 101, Subchapter H, Division 3 of this title may share a single totalizing fuel flow meter provided:
                    (i) the owner or operator performs a stack test in accordance with subsection (e) of this section for each unit sharing the totalizing fuel flow meter; and
                    (ii) the testing results from the unit with the highest emission rate (in pounds per million British thermal units (lb/MMBtu) or grams per horsepower-hour (g/hp-hr)) are used for reporting purposes in §101.359 of this title (relating to Reporting) for all units sharing the totalizing fuel flow meter.
               (E) The owner or operator of a unit or units claimed exempt under §117.473(b) of this title, located at an independent school district may demonstrate compliance with the exemption by the following:
                    (i) in addition to the records required by subsection (g)(1) of this section, maintain the following monthly records in either electronic or written format.  These records must be kept for a period of at least five years and must be made available upon request by authorized representatives of the executive director, the United States Environmental Protection Agency (EPA), or local air pollution control agencies having jurisdiction;
                         (I) total fuel usage for the entire site;
                         (II) the estimated hours of operation for each unit;

                         (III) the estimated average operating rate (e.g., a percentage of maximum rated capacity) for each unit; and
                         (IV) the estimated fuel usage for each unit, and
                    (ii) within 60 days of written request by the executive director, submit for review and approval all methods, engineering calculations, and process information used to estimate the hours of operation, operating rates, and fuel usage for each unit.
               (F) The owner or operator ofunits claimed exempt under §117.473(b) of this title may share a single totalizing fuel flow meter to demonstrate compliance with the exemption, provided that:
                    (i) all affected units at the site qualify for the exemption under §117.473(b) of this title; and
                    (ii) the total fuel usage for all units at the site is less than:
                         (I) the annual fuel usage limitation in §117.473(b)(1) of this title; or
                         (II) the annual fuel usage limitation in §117.473(b)(2) of this title when all all affected units at the site are equal to or greater than 5.0 MMBtu/hr.

     (b) Oxygen (O2) monitors.  If the owner or operator installs an O2 monitor, the criteria in §117.213(e) of this title (relating to Continuous Demonstration of Compliance) should be considered the appropriate guidance for the location and calibration of the monitor.

     (c) NOx monitors.  If the owner or operator installs a CEMSor predictive emissions monitoring system (PEMS), it shall meet the requirements of §117.213(e) or (f) of this title.

     (d) Monitor installation schedule.  Installation of monitors shall be performed in accordance with the schedule specified in §117.534 of this title (relating to Compliance Schedule for Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources).

     (e) Testing requirements.  The owner or operator of any unit subject to the emission limitations of §117.475 of this title shall comply with the following testing requirements.
          (1) Each unit shall be tested for NOx carbon monoxide (CO), and O2 emissions.
          (2) One of the ammonia monitoring procedures specified in §117.214(a)(1)(D) of this title (relating to Emission Testing and Monitoring for the Houston-Galveston Attainment Demonstration) must be used to demonstrate compliance with the ammonia emission specification of §117.475(i)(2) of this title for units that inject urea or ammonia into the exhaust stream for NOx control.
          (3) All testing must be conducted while operating at the maximum rated capacity, or as close as practicable.  Compliance shall be determined by the average of three one-hour emission test Shorter test times may be used, if approved by the executive director.  The following test methods must be used:
               (A) Test Method 7E or 20 (40 CFR Part 60, Appendix A) for NOx;
               (B) Test Method 10, 10A, or l0B (40 CFR Part 60, Appendix A) for CO;
               (C) Test Method 3A or 20 (40 CFR Part 60, Appendix A) for O2;
               (D) Test Method 2 (40 CFR Part 60, Appendix A) for exhaust gas flow and following the measurement site criteria of Test Method 1, §2.1 (40 CFR Part 60, Appendix A), or Test Method 19 (40 CFR Part 60, Appendix A) for exhaust gas flow in conjunction with the measurement site criteria of Performance Specification 2, §3.2 (40 CFR Part 60, Appendix B);
               (E) American Society of Testing and Materials (ASTM) Method D1945-91 or ASTM Method D3588-93 for fuel composition; ASTM Method D1826-88 or ASTM Method D3588-91 for calorific value; or
               (F) EPA-approved alternate test methods or minor modifications to these test methods as approved by the executive director, as long as the minor modifications meet the following conditions:
                    (i) the change does not affect the stringency of the applicable emission limitation; and
                    (ii) the change affects only a single source or facility application.
               (G) In lieu of the test methods specified in subparagraphs (A)-(C) of this paragraph, the owner or operator may use ASTM D6522-00 to perform the NOx, CO, and O2 testing required by this subsection on natural gas-fired reciprocating engines, combustion turbines, boilers, and process heaters.  If the owner or operator elects to use ASTM D6522-00 for the testing requirements, the report must contain the information specified in §117.211(g) of this title (relating to Initial Demonstration of Compliance).
          (4) Test results shall be reported in the units of the applicable emission limits and averaging periods.  If compliance testing is based on 40 CFR Part 60, Appendix A reference methods, the report must contain the information specified in §117.211(g) of this title.
          (5) For units equipped with CEMS or PEMS, the CEMS or PEMS shall be installed and operational before testing under this subsection.  Verification of operational status shall, as a minimum, include completion of the initial monitor certification and the manufacturer's written requirements or recommendations for installation, operation, and calibration of the device.
          (6) Initial compliance with the emission specifications of §117.475 of this title for units operating with CEMS or PEMS shall be demonstrated after monitor certification testing using the NOx CEMS or PEMS.
          (7) For units not operating with CEMS or PEMS, the following apply.
               (A) Retesting as specified in paragraphs (1)-(4) of this subsection is required within 60 days after any modification that could reasonably be expected to increase the NOx emission rate.
               (B) Retesting as specified in paragraphs (1)-(4) of this subsection may be conducted at the discretion of the owner or operator after any modification that could reasonably be expected to decrease the NOx emission rate, including, but not limited to, installation of post-combustion controls, low-NOx burners, low excess air operation, staged combustion (for example, overfire air), flue gas recirculation (FGR), and fuel-lean and conventional (fuel-rich) reburn.
               (C) The NOx emission rate determined by the retesting shall establish a new emission factor to be used to calculate actual emissions from the date of the retesting forward.  Until the date of the retesting, the previously determined emission factor shall be used to calculate actual emissions for compliance with Chapter 101, Subchapter H, Division 3 of this title.
          (8) Testing shall be performed in accordance with the schedule specified in §117.534 of this title.
          (9) All test reports must be submitted to the executive director for review and approval within 60 days after completion of the testing.

     (f) Emission allowances.
          (1) For sources that are subject to Chapter 101, Subchapter H, Division 3 of this title, the NOx testing and monitoring data of subsections (a)-(e) of this section, together with the level of activity, as defined in §101.350 of this title (relating to Definitions), shall be used to establish the emission factor calculating actual emissions for compliance with Chapter 101, Subchapter H, Division 3 of this title.
          (2) The emission factor in subsection (e)(7) of this section or paragraph (1) of this subsection is multiplied by the unit's level of activity to determine the unit's actual emissions for compliance with Chapter 101, Subchapter H, Division 3 of this title.

     (g) Recordkeeping.  The owner or operator of a unit subject to the emission limitations of §117.475 of this title or claimed exempt under §117.473(b) of this title shall maintain written or electronic records of the data specified in this subsection.  Such records shall be kept for a period of at least five years and shall be made available upon request by authorized representatives of the executive director, the EPA, or local air pollution control agencies having jurisdiction.  The records must include:
          (1) records of annual fuel usage;
          (2) for each unit using a CEMS or PEMS in accordance with subsection (c) of this section, monitoring records of:
               (A) hourly emissions and fuel usage (or stack exhaust flow) for units complying with an emission limit enforced on a block one-hour average; and
               (B) daily emissions and fuel usage (or stack exhaust flow) for units complying with an emission limit enforced on a rolling 30-day average.  Emissions must be recorded in units of:
                    (i) pound per million British thermal units (Btu) heat input; and
                    (ii) pounds or tons per day;
          (3) for each stationary internal combustion engine subject to the emission limitations of §117.475 of this title, records of:
               (A) emissions measurements required by §117.478(b)(5) of this title (relating to Operating Requirements); and
               (B) catalytic converter, air-fuel ratio controller, or other emissions-related control system maintenance, including the date and nature of corrective actions taken;
          (4) records of CO measurements specified in §117.478(b)(5) of this title;
          (5) records of the results of initial certification testing, evaluations, calibrations, checks, adjustments, and maintenance of CEMS, PEMS, or steam-to-fuel or water-to-fuel ratio monitoring systems; and
          (6) records of the results of performance testing, including the testing conducted in accordance with subsection (e) of this section.

     (h) Records for exempt engines.  Written records of the number of hours of operation for each day's operation shall be made for each engine claimed exempt under §117.473(a)(2)(E), (H), or (I) of this title or §117.478(b)(5) of this title.  In addition, for each engine claimed exempt under §117.473(a)(2)(E) of this title, written records shall be maintained of the purpose of engine operation and, if operation was for an emergency situation, identification of the type of emergency situation and the start and end times and date(s) of the emergency situation.  The records must be maintained for at least five years and must be made available upon request to representatives of the executive director, the EPA, or any local air pollution control agency having jurisdiction.

     (i) Run time meters.  The owner or operator of any stationary diesel engine claimed exempt using the exemption of §117.473(a)(2)(E), (H), or (1) of this title shall record the operating time with an elapsed run time meter.  Any run time meter installed on or after October 1, 2001, shall be non-resettable.

     (j) Records of operation for testing and maintenance.  The owner or operator of each stationary diesel or dual-fuel engine shall maintain the following records for at least five years and make them available upon request by authorized representatives of the executive director, the EPA, or local air pollution control agencies having jurisdiction:
          (1) date(s) of operation;
          (2) start and end times of operation;
          (3) identification of the engine; and
          (4) total hours of operation for each month and for the most recent 12 consecutive months.

Adopted April 27, 2005, Effective May 19, 2005 (7-26).
***end tx 117.479***7-26***EPA-R06-OAR-2005-TX-0027***TX033***TXd92***k9c***
**************end texas chapter 117 subchapter d division 2***TXd92***k9c***