Texas SIP: 30 TAC 117.510-117.570: Administrative Provisions, SIP effective 2008-09-15
Regulatory Text:
Texas Chapter 117 - Control of Air Pollution From Nitrogen Compounds
SUBCHAPTER E: ADMINISTRATIVE PROVISIONS
As approved by EPA August 15, 2008 (73 FR 47835) effective September 15, 2008 (TXd92).
Outline:
§117.510. Compliance Schedule for Utility Electric Generation in Ozone Nonattainment Areas. 7-23, TXd80
§117.512. Compliance Schedule for Utility Electric Generation in East and Central Texas. 7-23, TXd80
§117.520. Compliance Schedule for Industrial, Commercial, and Institutional Combustion Sources in Ozone Nonattainment Areas. 7-26, TXd92
§117.524. Compliance Schedule for Cement Kilns. 7-24, TXd43
§117.530. Compliance Schedule For Nitric Acid and Adipic Acid Manufacturing Sources. 7-14, TXd06, TXd10
§117.534. Compliance Schedule for Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources. 7-23, TXd80
§117.570. Use of Emissions Credits for Compliance. 7-24, TXd43
§117.510. Compliance Schedule for Utility Electric Generation in Ozone Nonattainment Areas.
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 of each electric utility in the Beaumont/Port Arthur ozone nonattainment area shall comply with the requirements of Subchapter B, Division 1 of this chapter (relating to Utility Electric Generation in Ozone Nonattainment Areas) as soon as practicable, but no later than the dates specified in this subsection.
(1) Reasonably available control technology (RACT). The owner or operator shall for all units, comply with the requirements of Subchapter B, Division 1 of this chapter as soon as practicable, but no later than November 15, 1999 (final compliance date), except as specified in subparagraph (D) of this paragraph, relating to oil firing, and paragraph (2) of this subsection, relating to emission specifications for attainment demonstration:
(A) conduct applicable continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) evaluations and quality assurance procedures as specified in §117.113 of this title (relating to Continuous Demonstration of Compliance) according to the following schedules:
(i) for equipment and software required under 40 Code of Federal Regulations (CFR) Part 75, no later than January 1, 1995 for units firing coal, and no later than July 1, 1995 for units firing natural gas or oil; and
(ii) for equipment and software not required under 40 CFR Part 75, no later than November 15, 1999;
(B) install all nitrogen oxides (NOx) abatement equipment and implement all NOx control techniques no later than November 15, 1999;
(C) submit to the executive director:
(i) for units operating without CEMS or PEMS, the results of applicable tests for initial demonstration of compliance as specified in §117.111 of this title (relating to Initial Demonstration of Compliance); by April 1, 1994, or as early as practicable, but in no case later than November 15, 1999;
(ii) for units operating with CEMS or PEMS in accordance with §117.113 of this title, the results of:
(I) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.113 of this title; and
(II) the applicable tests for the initial demonstration of compliance as specified in §117.111 of this title;
(III) no later than:
(-a-) November 15, 1999, for units complying with the NOx emission limit on an hourly average; and
(-b-) January 15, 2000, for units complying with the NOx emission limit on a rolling 30-day average;
(D) conduct applicable tests for initial demonstration of compliance with the NOx emission limit for fuel oil firing, in accordance with §117.111(d)(2) of this title, and submit test results within 60 days after completion of such testing; and
(E) submit a final control plan for compliance in accordance with §117.115 of this title (relating to Final Control Plan Procedures for Reasonably Available Control Technology), no later than November 15, 1999.
(2) Emission specifications for attainment demonstration. The owner or operator shall comply with the requirements of §117.106(a) of this title (relating to Emission Specifications for Attainment Demonstrations) as soon as practicable, but no later than:
(A) May 1, 2003, demonstrate that at least two-thirds of the NOx emission reductions required by §117.106(a) of this title have been accomplished, as measured either by:
(i) the total number of units required to reduce emissions in order to comply with §117.106(a) of this title using direct compliance with the emission specifications, counting only units still required to reduce after May 11, 2000; or
(ii) the total amount of emissions reductions required to comply with §117.106(a) of this title using the alternative methods to comply, either:
(I) §117.108 of this title (relating to System Cap); or
(II) §117.570 of this title (relating to Use of Emissions Credits for Compliance);
(B) May 1, 2003, submit to the executive director:
(i) identification of enforceable emission limits which satisfy subparagraph (A) of this paragraph;
(ii) the information specified in §117.116 of this title (relating to Final Control Plans Procedures for Attainment Demonstration Emission Specifications) to comply with subparagraph (A) of this paragraph; and
(iii) any other revisions to the source's final control plan as a result of complying with subparagraph (A) of this paragraph;
(C) May 1, 2003, install CEMS or PEMS on previously exempt units and conduct applicable CEMS or PEMS evaluations and quality assurance procedures as specified in §117.113 of this title;
(D) July 31, 2003, submit to the executive director the applicable tests for the initial demonstration of compliance as specified in §117.111 of this title, if using the 30-day average system cap to comply with subparagraph (A) of this paragraph;
(E) May 1, 2005, comply with §117.106(a) of this title;
(F) May 1, 2005, submit a revised final control plan which contains:
(i) a demonstration of compliance with §117.106(a) of this title;
(ii) the information specified in §117.116 of this title; and
(iii) any other revisions to the source's final control plan as a result of complying with the emission specifications in §117.106(a) of this title; and
(G) July 31, 2005, submit to the executive director the applicable tests for the initial demonstration of compliance as specified in §117.111 of this title, if using the 30-day average system cap NOx emission limit to comply with the emission specifications in §117.106(a) of this title.
(b) The owner or operator of each electric utility in the Dallas/Fort Worth ozone nonattainment area shall comply with the requirements of Subchapter B, Division 1 of this chapter as soon as practicable, but no later than the dates specified in this subsection.
(1) Reasonably available control technology (RACT). The owner or operator shall comply with the requirements of Subchapter B, Division 1 of this chapter as soon as practicable, but no later than March 31, 2001 (final compliance date), except as provided in subparagraph (D) of this paragraph, relating to oil firing, and paragraph (2) of this subsection, relating to emission specifications for attainment demonstration:
(A) conduct applicable CEMS or PEMS evaluations and quality assurance procedures as specified in §117.113 of this title no later than March 31, 2001;
(B) install all NOx abatement equipment and implement all NOx control techniques no later than March 31, 2001;
(C) submit to the executive director:
(i) for units operating without CEMS or PEMS, the results of applicable tests for initial demonstration of compliance as specified in §117.111 of this title no later than March 31, 2001;
(ii) for units operating with CEMS or PEMS in accordance with §117.113 of this title, the results of:
(I) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.113 of this title; and
(II) the applicable tests for the initial demonstration of compliance as specified in §117.111 of this title;
(III) no later than:
(-a-) March 31, 2001 for units complying with the NOx emission limit in pounds per hour on a block one-hour average;
(-b-) May 31, 2001 for units complying with the NOx emission limit on a rolling 30-day average;
(D) conduct applicable tests for initial demonstration of compliance with the NOx emission limit for fuel oil firing, in accordance with §117.111(d)(2) of this title, and submit test results within 60 days after completion of such testing; and
(E) submit a final control plan for compliance in accordance with §117.115 of this title, no later than March 31, 2001.
(2) Emission specifications for attainment demonstration.
(A) The owner or operator shall comply with the requirements of §117.106(b) of this title as soon as practicable, but no later than:
(i) May 1, 2003, demonstrate that at least two-thirds of the NOx emission reductions required by §117.106(b) of this title have been accomplished, as measured either by:
(I) the total number of units required to reduce emissions in order to comply with §117.106(b) of this title using direct compliance with the emission specifications, counting only units still required to reduce after May 11, 2000; or
(II) the total amount of emissions reductions required to comply with §117.106(b) of this title using the alternative methods to comply, either:
(-a-) §117.108 of this title; or
(-b-) §117.570 of this title;
(ii) May 1, 2003, submit to the executive director:
(I) identification of enforceable emission limits which satisfy clause (i) of this subparagraph;
(II) the information specified in §117.116 of this title to comply with clause (i) of this subparagraph; and
(III) any other revisions to the source's final control plan as a result of complying with clause (i) of this subparagraph;
(iii) May 1, 2003, install CEMS or PEMS on previously exempt units and conduct applicable CEMS or PEMS evaluations and quality assurance procedures as specified in §117.113 of this title;
(iv) July 31, 2003, submit to the executive director the applicable tests for the initial demonstration of compliance as specified in §117.111 of this title, if using the 30-day average system cap to comply with clause (i) of this subparagraph;
(v) May 1, 2005, comply with §117.106(b) of this title;
(vi) May 1, 2005, submit a revised final control plan which contains:
(I) a demonstration of compliance with §117.106(b) of this title;
(II) the information specified in §117.116 of this title; and
(III) any other revisions to the source's final control plan as a result of complying with the emission specifications in §117.106(b) of this title; and
(vii) July 31, 2005, submit to the executive director the applicable tests for the initial demonstration of compliance as specified in §117.111 of this title, if using the 30-day average system cap NOx emission limit to comply with the emission specifications in §117.106(b) of this title.
(B) The requirements of subparagraph (A)(i) of this paragraph may be modified as follows. Boilers which are to be retired and decommissioned before May 1, 2005 are not required to install controls by May 1, 2003 if the following conditions are met:
(i) the boiler is designated by the Public Utility Commission of Texas to be necessary to operate for reliability of the electric system;
(ii) the owner provides the executive director an enforceable written commitment by May 1, 2003 to retire and permanently decommission the boiler by May 1, 2005;
(iii) the utility boiler is retired and permanently decommissioned by May 1, 2005; and
(iv) by May 1, 2003, all remaining boilers (those not designated for retirement and decommissioning as specified in clauses (i) - (iii) of this subparagraph) within the electric utility system are controlled to achieve at least two-thirds of the NOx emission reductions from units not being retired and decommissioned.
(c) The owner or operator of each electric utility in the Houston/Galveston ozone nonattainment area shall comply with the requirements of Subchapter B, Division 1 of this chapter as soon as practicable, but no later than the dates specified in this subsection.
(1) Reasonably available control technology. The owner or operator shall, for all units, comply with the requirements of Subchapter B, Division 1 of this chapter as soon as practicable, but no later than November 15, 1999 (final compliance date), except as specified in subparagraph (D) of this paragraph, relating to oil firing, and paragraph (2) of this subsection, relating to emission specifications for attainment demonstration:
(A) conduct applicable CEMS or PEMS evaluations and quality assurance procedures as specified in §117.113 of this title according to the following schedules:
(i) for equipment and software required under 40 CFR Part 75, no later than January 1, 1995 for units firing coal, and no later than July 1, 1995 for units firing natural gas or oil; and
(ii) for equipment and software not required under 40 CFR Part 75, no later than November 15, 1999;
(B) install all NOx abatement equipment and implement all NOx control techniques no later than November 15, 1999;
(C) submit to the executive director:
(i) for units operating without CEMS or PEMS, the results of applicable tests for initial demonstration of compliance as specified in §117.111 of this title; by April 1, 1994, or as early as practicable, but in no case later than November 15, 1999;
(ii) for units operating with CEMS or PEMS in accordance with §117.113 of this title, the results of:
(I) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.113 of this title; and
(II) the applicable tests for the initial demonstration of compliance as specified in §117.111 of this title;
(III) no later than:
(-a-) November 15, 1999, for units complying with the NOx emission limit on an hourly average; and
(-b-) January 15, 2000, for units complying with the NOx emission limit on a rolling 30-day average;
(D) conduct applicable tests for initial demonstration of compliance with the NOx emission limit for fuel oil firing, in accordance with §117.111(d)(2) of this title, and submit test results within 60 days after completion of such testing; and
(E) submit a final control plan for compliance in accordance with §117.115 of this title, no later than November 15, 1999.
(2) Emission specifications for attainment demonstration.
(A) The owner or operator shall comply with the requirements of §117.114 of this title (relating to Emission Testing and Monitoring for the Houston/Galveston Attainment Demonstration) of this title as soon as practicable, but no later than:
(i) March 31, 2005, install any totalizing fuel flow meters and emissions monitors required by §117.114 of this title, except that if flue gas cleanup (for example, controls which use a chemical reagent for reduction of NOx) is installed on a unit before March 31, 2005, then the emissions monitors required by §117.114 of this title must be installed and operated at the time of startup following the installation of flue gas cleanup on that unit. However, an owner or operator may choose to demonstrate compliance with the ammonia monitoring requirements through annual ammonia stack testing until March 31, 2005; and
(ii) 60 days after startup of a unit following installation of emissions controls, submit to the executive director the results of:
(I) stack tests conducted in accordance with §117.111 of this title; or, as applicable,
(II) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.113 of this title.
(B) The owner or operator shall:
(i) no later than June 30, 2001, submit to the executive director the certification of level of activity, Hi, specified in §117.108 of this title for electric generating facilities (EGFs) which were in operation as of January 1, 1997;
(ii) no later than 60 days after the second consecutive third quarter of actual level of activity level data are available, submit to the executive director the certification of activity level, Hi, specified in §117.108 of this title for EGFs which were not in operation prior to January 1, 1997; and
(iii) comply with the requirements of §117.108 of this title as soon as practicable, but no later than:
(I) March 31, 2003, demonstrate that at least 50% of the NOx emission reductions have been accomplished, as measured by the difference between the highest 30-day average emissions measured in the 1997 - 1999 period and the system cap limit of §117.108 of this title; and
(II) March 31, 2004, submit the information specified in §117.116 of this title;
(III) March 31, 2004, demonstrate compliance with the system cap limit of §117.108 of this title.
(C) For any unit subject to §117.106(c) of this title for which stack testing or CEMS/PEMS performance evaluation and quality assurance has not been conducted under subparagraph (A)(ii) of this paragraph, the owner or operator shall submit to the executive director as soon as practicable, but no later than March 31, 2007, the results of:
(i) stack tests conducted in accordance with §117.111 of this title; or, as applicable,
(ii) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.113 of this title.
(D) The owner or operator shall comply with the emission reduction requirements of Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) as soon as practicable, but no later than the appropriate dates specified in that program.
Adopted December 13, 2002, Effective January 17, 2003 (7-23).
***end tx 117.510***7-23***EPA-R06-OAR-2005-TX-0018***TX024***TXd80***h2t***
§117.512. Compliance Schedule for Utility Electric Generation in East and Central Texas.
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 owner or operator of each utility electric power boiler or stationary gas turbine located in Atascosa, Bastrop, Bexar, Brazos, Calhoun, Cherokee, Fannin, Fayette, Freestone, Goliad, Gregg, Grimes, Harrison, Henderson, Hood, Hunt, Lamar, Limestone, Marion, McLennan, Milam, Morris, Nueces, Parker, Red River, Robertson, Rusk, Titus, Travis, Victoria, and Wharton Counties shall comply with the requirements of Subchapter B, Division 2 of this chapter (relating to Utility Electric Generation in East and Central Texas) as soon as practicable, but no later than the following dates:
(1) except as provided in subparagraph (C) of this paragraph, May 1, 2003 for units owned by utilities which are subject to the cost-recovery provisions of Texas Utilities Code, §39.263(b):
(A) the owner or operator shall use the period of May 1, 2003 through April 30, 2004 for the initial annual compliance period. Compliance for each subsequent annual period is on a calendar year basis. For example, the second annual compliance period is January 1, 2004 through December 31, 2004;
(B) the updated final control plan required by §117.145 of this title (relating to Final Control Plan Procedures) shall be submitted by May 31, 2004, and by January 31, 2005; and
(C) the owner or operator shall comply with the ammonia limit of §117.135(2) of this title (relating to Emission Specifications) by May 1, 2005; and
(2) May 1, 2005 for all other units:
(A) the owner or operator shall use the period of May 1, 2005 through April 30, 2006 for the initial annual compliance period. Compliance for each subsequent annual period is on a calendar year basis. For example, the second annual compliance period is January 1, 2006 through December 31, 2006; and
(B) the updated final control plan required by §117.145 of this title shall be submitted by May 31, 2006, and by January 31, 2007.
Adopted December 13, 2002, Effective January 17, 2003 (7-23).
***end tx 117.512***7-23***EPA-R06-OAR-2005-TX-0018***TX024***TXd80***h2t***
7E§117.520. Compliance Schedule for Industrial, Commercial, and Institutional Combustion Sources in Ozone Nonattainment Areas.
7-26: 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) The owner or operator of each industrial, commercial, and institutional source in the Beaumont-Port Arthur ozone nonattainment area shall comply with the requirements of Subchapter B, Division 3 of this chapter (relating to Industrial, Commercial, and Institutional Combustion Sources in Ozone Nonattainment Areas) as soon as practicable, but no later than the dates specified in this subsection.
(1) Reasonably available control technology (RACT). The owner or operator shall for all units, comply with the requirements of Subchapter B, Division 3 of this chapter, except as specified in paragraph (2) of this subsection (relating to lean-bum engines) and paragraph (3) of this subsection (relating to emission specifications for attainment demonstration), by November 15, 1999 (final compliance date), and submit to the executive director:
(A) for units operating without a continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS), the results of applicable tests for initial demonstration of compliance as specified in §117.211 of this title (relating to Initial Demonstration of Compliance); by April 1, 1994, or as early as practicable, but in no case later than November 15, 1999;
(B) for units operating with CEMS or PEMS in accordance with §117.213 of this title (relating to Continuous Demonstration of Compliance), the results of:
(i) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3)-(5)(A) of this title; and
(ii) the applicable tests for the initial demonstration of compliance as specified in §117.211 of this title;
(iii) no later than:
(I) November 15, 1999, for units complying with the nitrogen oxides (NOx) emission limit on an hourly average; and
(II) January 15, 2000, for units complying with the NOx emission limit on a rolling 30-day average;
(C) a final control plan for compliance in accordance with §117.215 of this title (relating to Final Control Plan Procedures), no later than November 15, 1999; and
(D) the first semiannual report required by §117.219(d) or (e) of this title (relating to Notification, Recordkeeping, and Reporting Requirements), covering the period November 15, 1999, through December 31, 1999, no later than January 31, 2000.
(2) Lean-burn engines. The owner or operator shall for each lean-burn, stationary, reciprocating internal combustion engine subject to §117.205(e) of this title (relating to Emission Specifications), comply with the requirements of Subchapter B, Division 3 of this chapter for those engines as soon as practicable, but no later than November 15, 2001 (final compliance date for lean-burn engines); and
(A) no later than November 15, 2001, submit a revised final control plan that contains:
(i) the information specified in §117.215 of this title as it applies to the lean-burn engines; and
(ii) any other revisions to the source's final control plan as a result of complying with the lean-bum engine emission specifications; and
(B) no later than January 31, 2002, submit the first semiannual report required by §117.219(e) of this title covering the period November 15, 2001, through December 31, 2001.
(3) Emission specifications for attainment demonstration. The owner or operator shall comply with the requirements of §117.206(a) of this title (relating to Emission Specifications for Attainment Demonstrations) as soon as practicable, but no later than:
(A) May 1, 2003, demonstrate that at least two-thirds of the NOx emission reductions required by §117.206(a) of this title have been accomplished, as measured either by:
(i) the total number of units required to reduce emissions in order to comply with §117.206(a) of this title using direct compliance with the emission specifications, counting only units still required to reduce after May 11, 2000; or
(ii) the total amount ofemissions reductions required to comply with §117.206(a) of this title using the alternative methods to comply, either:
(I) §117.207 of this title (relating to Alternative Plant-wide Emission Specifications);
(II) §117.223 of this title (relating to Source Cap); or
(III) §117.570 of this title (relating to Use of Emissions Credits for Compliance);
(B) May 1, 2003, submit to the executive director:
(i) identification of enforceable emission limits that satisfy the conditions ofsubparagraph (A) of this paragraph;
(ii) for units operating without CEMS or PEMS or for units operating with CEMS or PEMS and complying with the NOx emission limit on an hourly average, the results of applicable tests for initial demonstration of compliance as specified in §117.211 of this title;
(iii) for units newly operating with CEMS or PEMS to comply with the monitoring requirements of §117.213(c)(1)(C) of this title or §117.223 of this title, the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3)-(5)(A) of this title;
(iv) the information specified in §117.216 of this title (relating to Final Control Plans Procedures for Attainment Demonstration Emission Specifications); and
(v) any other revisions to the source's final control plan as a result of complying with the emission specifications in §117.206(a) of this title;
(C) July 31, 2003, submit to the executive director:
(i) the applicable tests for the initial demonstration ofcompliance as specified in §117.211 of this title, for units complying with the NOX emission limit on a rolling 30-day average; and
(ii) the first semiannual report required by §117.213(c)(1)(C), §117.219(e), and §117.223(e) of this title, covering the period May 1, 2003, through June 30, 2003;
(D) May 1, 2005, comply with §117.206(a) of this title;
(E) May 1, 2005, submit a revised final control plan that contains:
(i) a demonstration of compliance with §117.206(a) of this title;
(ii) the information specified in §117.216 of this title; and
(iii) any other revisions to the source's final control plan as a result of complying with the emission specifications in §117.206(a) of this title; and
(F) July 31, 2005, submit to the executive director the applicable tests for the initial demonstration of compliance as specified in §117.211 of this title, if using the 30-day average source cap NOx emission limit to comply with the emission specifications in §117.206(a) of this title.
(b) The owner or operator of each industrial, commercial, and institutional source in the Dallas-Fort Worth ozone nonattainment area shall:
(1) comply with the requirements of Subchapter B, Division 3 of this chapter as soon as practicable, but no later than March 31, 2002 (final compliance date), except as specified in paragraph (2) of this subsection. The owner or operator shall:
(A) install all NOx abatement equipment and implement all NO), control techniques no later than March 31, 2002; and
(B) submit to the executive director:
(i) for units operating without CEMS or PEMS, the results of applicable tests for initial demonstration of compliance as specified in §117.211 of this title as early as practicable, but in no case later than March 31, 2002;
(ii) for units operating with CEMS or PEMS in accordance with §117.213 of this title, the results of:
(I) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3)-(5)(A) of this title;
(II) the applicable tests for the initial demonstration of compliance as specified in §117.211 of this title; and
(III) no later than:
(-a-) March 31, 2002, for units complying with the NOx emission limit on an hourly average; and
(-b-) May 31, 2002, for units complying with the NOx emission limit on a rolling 30-day average;
(iii) a final control plan for compliance in accordance with §117.215 of this title, no later than March 31, 2002; and
(iv) the first semiannual report required by §117.219(d) or (e) of this title, covering the period March 31, 2002, through June 30, 2002, no later than July 31, 2002; and
(2) comply with the requirements of §117.206(b)(3) of this title as soon as practicable, but no later than June 15, 2007 (the final compliance date). The owner or operator shall:
(A) install all NOx abatement equipment and implement all NOx control techniques no later than June 15, 2007; and
(B) submit to the executive director:
(i) for units operating without CEMS or PEMS, the results of applicable tests for initial demonstration of compliance as specified in §117.211 of this title as early as practicable, but in no case later than June 15, 2007;
(ii) for units operating with CEMS or PEMS in accordance with §117.213 of this title, the results of:
(I) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3)-(5)(A) of this title;
(II) the applicable tests for the initial demonstration of compliance as specified in §117.211 of this title; and
(III) no later than:
(-a-) June 15, 2007, for units complying with the NOx emission limit on an hourly average; and
(-b-) June 15, 2007, for units complying with the NOx emission limit on a rolling 30-day average;
(iii) a final control plan for compliance in accordance with §117.215 of this title, no later than June 15, 2007; and
(iv) the first semiannual report required by §117.219(d) or (e) of this title, covering the period June 15, 2007, through December 31, 2007, no later than January 31, 2008.
(c) The owner or operator of each industrial, commercial, and institutional source in the Houston-Galveston ozone nonattaimnent area shall comply with the requirements of Subchapter B, Division 3 of this chapter as soon as practicable, but no later than the dates specified in this subsection.
(1) Reasonably available control technology. The owner or operator shall, for all units, comply with the requirements of Subchapter B, Division 3 of this chapter, except as specified in paragraph (2) of this subsection (relating to emission specifications for attainment demonstration), by November 15, 1999 (final compliance date); and
(A) submit a plan for compliance in accordance with §117.209 of this title (relating to Initial Control Plan Procedures) according to the following schedule:
(i) for major sources of NOx that have units subject to emission specifications under this chapter, submit an initial control plan for all such units no later than April 1, 1994;
(ii) for major sources of NOx that have no units subject to emission specifications under this chapter, submit an initial control plan for all such units no later than September l, 1994; and
(iii) for major sources of NOx subject to either clause (i) or (ii) of this subparagraph, submit the information required by §117.209(c)(6), (7), and (9) of this title no later than September 1, 1994;
(B) install all NOx abatement equipment and implement all NOx control techniques no later than November 15, 1999; and
(C) submit to the executive director:
(i) for units operating without CEMS or PEMS, the results of applicable tests for initial demonstration ofcompliance as specified in §117.211 of this title; by April 1, 1994, or as early as practicable, but in no case later than November 15, 1999;
(ii) for units operating with CEMS or PEMSin accordance with §117.213 of this title, submit the results of:
(I) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3)-(5)(A) of this title; and
(II) the applicable tests for the initial demonstration of compliance as specified in §117.211 of this title;
(III) no later than:
(-a-) November 15, 1999, for units complying with the NOx emission limit on an hourly average; and
(-b-) January 15, 2000, for units complying with the NOx emission limit on a rolling 30-day average;
(iii) a final control plan for compliance in accordance with §117.215 of this title, no later than November 15, 1999; and
(iv) the first semiannual report required by §117.219(d) or (e) of this title, covering the period November 15, 1999, through December 31, 1999, no later than January 31, 2000.
(2) Emission specifications for attainment demonstration.
(A) The owner or operator shall comply with the requirements of §117.214 of this title (relating to Emission Testing and Monitoring for the Houston-Galveston Attainment Demonstration) as follows:
(i) As soon as practicable, but no later than March 31, 2005, the owner or operator shall install any totalizing fuel flow meters, run time meters, and emissions monitors required by §117.214 of this title, except that if flue gas cleanup (for example, controls that use a chemical reagent for reduction of NOx) is installed on a unit before March 31, 2005, then the emissions monitors required by §117.214 of this title must be installed and operated at the time of startup following the installation of flue gas cleanup on that unit. However, an owner or operator may choose to demonstrate compliance with the ammonia monitoring requirements through annual ammonia stack testing until March 31, 2005.
(I) Within 60 days after startup of a unit following installation of emissions monitors, the owner or operator shall submit to the executive director the results of the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3)-(5)(A) of this title; or
(II) If the unit is shut down as of March 31, 2005, the CEMS or PEMS performance evaluation and quality assurance procedures must be submitted to the executive director within 60 days after the startup of the unit after March 31, 2005.
(ii) Within 60 days after startup of a unit following installation of emissions controls, the owner or operator shall submit to the executive director the results of:
(I) stack tests conducted in accordance with §117.211 of this title. For a stack test conducted before March 31, 2005, on a unit not equipped with CEMS or PEMS for which CEMS or PEMS must be installed no later than March 31, 2005, the requirements of §117.211(c) of this title do not apply; or, as applicable,
(II) the applicabldurone [sic.] CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3)(5)(A) of this title.
(B) The owner or operator of each electric generating facility (EGF) shall:
(i) no later than June 30, 2001, submit to the executive director the certification of level of activity, H_i, specified in §117.210 of this title (relating to System Cap) for EGFs that were in operation as of January 1, 1997;
(ii) no later than 60 days after the second consecutive third quarter of actual level of activity data are available, selected from the first five years of operation, submit to the executive director the certification of activity level, H_i, specified in §117.210 of this title for EGFs that were not in operation prior to January 1, 1997; and
(iii) comply with the requirements of §117.210 of this title as soon as practicable, but no later than March 31, 2007.
(C) For any units subject to §117.206(c) of this title for which stack testing or CEMS/PEMS performance evaluation and quality assurance has not been conducted under paragraph (2)(A) of this subsection or units placed into service after March 31, 2005, that do not have flue gas cleanup, the owner or operator shall submit to the executive director as soon as practicable, but no later than March 31, 2007, the results of:
(i) stack tests conducted in accordance with §117.211 of this title; or, as applicable,
(ii) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3)-(5)(A) of this title.
(D) The owner or operator shall comply with the emission reduction requirements of Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) as soon as practicable, but no later than the appropriate dates specified in that program.
(E) For diesel and dual-fuel engines, the owner or operator shall comply with the restriction on hours of operation for maintenance or testing, and associated recordkeeping, as soon as practicable, but no later than April 1, 2002.
(F) The owner or operator shall comply with all other requirements of Subchapter B, Division 3 of this chapter as soon as practicable, but no later than March 31, 2005.
(G) The owner or operator of a unit that will be permanently shut down on or before September 30, 2005, may elect to comply with §117.214(a) of this title by performing testing in lieu of the monitoring requirements, provided that following conditions are met;
(i) submit written notification to the executive director no later than March 31, 2005, containing the following:
(I) a list of units, by emissionpoint number, that the owner or operator will permanently shut down on or before September 30, 2005;
(II) the projected date(s) that each unit will be permanently shut down; and as practicable, but no later than April 1, 2002.
(III) the projected date(s) of the testing will be performed in accordance with clause (ii) of this subparagraph;
(ii) the testing is performed in accordance with §117.211 of this title after March 31, 2005, and prior to September 30, 2005, while operating at maximum rated capacity, or as near thereto as practicable. For the time period from March 31, 2005, to September 30, 2005, the results of this testing must be used for demonstrating compliance with the emission specifications in §117.206(c) of this title or to quantify the emissions for units subject to the mass emissions cap and trade program of Chapter 101, Subchapter H, Division 3 of this title;
(iii) for units in which a totalizing fuel flow meter has not been installed as required in §117.214(a)(1)(C) of this title, the maximum rated capacity of the unit must be used to quantify the emissions for units subject to the mass emissions cap and trade program of Chapter 101, Subchapter H, Division 3 of this title; and
(iv) if the unit is not shut down by September 30, 2005, the owner or operator will be considered in violation of this section as of March 31, 2005, and extensions beyond September 30, 2005, will not be granted.
Adopted April 27, 2005, Effective May 19, 2005 (7-26).
***end tx 117.520***7-26***EPA-R06-OAR-2005-TX-0027***TX033***TXd92***k9c***
§117.524. Compliance Schedule for Cement Kilns.
As adopted by TCEQ 3/5/2003 effective 3/27/2003 (7-24).
Approved by EPA 3/26/2004 (69 FR 15681) effective 4/26/2004 (TXd43).
(a) The owner or operator of each portland cement kiln which was placed into service before December 31, 1999 in Bexar, Comal, Ellis, Hays, and McLennan Counties shall be in compliance with the requirements of Subchapter B, Division 4 of this chapter (relating to Cement Kilns) as soon as practicable, but no later than the following dates:
(1) May 1, 2003 for cement kilns in Ellis County; and
(2) May 1, 2005 for cement kilns in Bexar, Comal, Hays, and McLennan Counties.
(b) Notwithstanding subsection (a)(1) of this section, for a cement kiln in Ellis County for which the owner or operator has filed an application for modification of its facility to meet the requirements of Subchapter B, Division 4 of this chapter on or before May 30, 2003, the compliance schedule is extended until six months after the issuance of the permit for operation of a low-NOx burner and 12 months after issuance of the permit for operation of a secondary combustion system. Such application(s) shall relate only to those modifications required to comply with Subchapter B, Division 4 of this chapter, and any issues incident thereto.
Adopted March 5, 2003, Effective March 27,2003 (7-24)
*******************************end tx 117.524*****TXd43***7-24********e3s**
§117.530. Compliance Schedule For Nitric Acid and Adipic Acid Manufacturing Sources.
As adopted by TNRCC May 20, 1998, effective June 10, 1998 (7-14).
Approved by EPA March 3, 2000 (65 FR 11468) effective April 3, 2000 (TXd06), and September 1, 2000 (65 FR 53172) effective October 31, 2000 (TXd10).
All persons affected by the provisions of §§117.301, 117.305, 117.309, 117.311, 117.319, and 117.321 of this title (relating to Adipic Acid Manufacturing) or the provisions of §§117.401, 117.405, 117.409, 117.411, 117.413, 117.419, and 117.421 of this title (relating to Nitric Acid Manufacturing - Ozone Nonattainment Areas) shall be in compliance as soon as practicable, but no later than November 15, 1999 (final compliance date). All affected persons shall meet the following compliance schedules and submit written notification to the executive director:
(1) no later than April 1, 1994, submit a control plan for compliance as specified in §117.309 of this title (relating to Control Plan Procedures) and §117.409 of this title (relating to Control Plan Procedures);
(2) conduct applicable continuous emissions monitoring system (CEMS) or predictive emissions monitoring systems (PEMS) performance evaluation and quality assurance procedures as specified in §117.313 of this title (relating to Continuous Demonstration of Compliance) and §117.413 of this title (relating to Continuous Demonstration of Compliance); provide previous testing documentation for any claimed test waiver as allowed by §117.311(d) of this title (relating to Initial Demonstration of Compliance) or §117.411(d) of this title (relating to Initial Demonstration of Compliance); and conduct applicable initial demonstration of compliance testing as specified in §117.311 and §117.411 of this title, by:
(A) no later than January 1, 1994, for affected facilities not performing process modification or installation of a CEMS or PEMS device as part of the control plan specified in §117.309 and §117.409 of this title; and
(B) no later than November 15, 1999, for affected facilities performing process modification or installation of a CEMS or PEMS device as part of the control plan specified in §117.309 and §117.409 of this title;
(3) within 60 days after the applicable date specified in paragraph (2)(A) or (B) of this section, submit the results of CEMS or PEMS performance evaluation and quality assurance procedures and the results of initial demonstration of compliance testing specified in paragraph (2) of this section.
Adopted May 20, 1998, effective June 10, 1998 (7-14).
******************** end tx 117.530 *********7-14***TXd06***eaxx*****ax5**
§117.534. Compliance Schedule for Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources.
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 owner or operator of each stationary source of nitrogen oxides (NOx) in the Houston/Galveston ozone nonattainment area which is not a major source of NOx shall comply with the requirements of Subchapter D, Division 2 of this chapter (relating to Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources) as follows.
(1) For sources which are subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program), the owner or operator shall:
(A) install any totalizing fuel flow meters and run time meters required by §117.479 of this title (relating to Monitoring, Recordkeeping, and Reporting Requirements) and begin keeping records of fuel usage no later than March 31, 2005, except that if flue gas cleanup (for example, controls which use a chemical reagent for reduction of NOx) is installed on a unit before March 31, 2005, then the emissions monitors required by §117.479 of this title must be installed and operated at the time of startup following the installation of flue gas cleanup on that unit. However, an owner or operator may choose to demonstrate compliance with the ammonia monitoring requirements through annual ammonia stack testing until March 31, 2005;
(B) no later than 60 days after startup of a unit following installation of emissions controls, submit to the executive director the results of:
(i) stack tests conducted in accordance with §117.479 of this title. For a stack test conducted before March 31, 2005 on a unit not equipped with CEMS or PEMS for which CEMS or PEMS must be installed no later than March 31, 2005, the requirements of §117.479(e)(6) of this title do not apply; or, as applicable,
(ii) the applicable continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3) - (5)(A) of this title (relating to Continuous Demonstration of Compliance). The applicable CEMS or PEMS performance evaluation and quality assurance procedures must be submitted no later than March 31, 2005, except that if the unit is shut down as of March 31, 2005, the CEMS or PEMS performance evaluation and quality assurance procedures must be submitted within 60 days after startup of the unit after March 31, 2005;
(C) no later than March 31, 2005, for any units subject to §117.475 of this title (relating to Emission Specifications) for which stack testing or CEMS/PEMS performance evaluation and quality assurance has not been conducted under paragraph (1)(B) of this section, submit to the executive director the results of:
(i) stack tests conducted in accordance with §117.479 of this title; or, as applicable,
(ii) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3) - (5)(A) of this title;
(D) comply with the emission reduction requirements of Chapter 101, Subchapter H, Division 3 of this title as soon as practicable, but no later than the appropriate dates specified in that program;
(E) for diesel and dual-fuel engines, comply with the restriction on hours of operation for maintenance or testing, and associated recordkeeping, as soon as practicable, but no later than April 1, 2002; and
(F) comply with all other requirements of Subchapter D, Division 2 of this chapter as soon as practicable, but no later than March 31, 2005.
(2) For sources which are not subject to Chapter 101, Subchapter H, Division 3 of this title, the owner or operator shall:
(A) install any totalizing fuel flow meters and run time meters required by §117.479 of this title and begin keeping records of fuel usage no later than March 31, 2005, except that if flue gas cleanup (for example, controls which use a chemical reagent for reduction of NOx) is installed on a unit before March 31, 2005, then the emissions monitors required by §117.479 of this title must be installed and operated at the time of startup following the installation of flue gas cleanup on that unit. However, an owner or operator may choose to demonstrate compliance with the ammonia monitoring requirements through annual ammonia stack testing until March 31, 2005;
(B) no later than 60 days after startup of a unit following installation of emissions controls, submit to the executive director the results of:
(i) stack tests conducted in accordance with §117.479 of this title. For a stack test conducted before March 31, 2005 on a unit not equipped with CEMS or PEMS for which CEMS or PEMS must be installed no later than March 31, 2005, the requirements of §117.479(e)(6) of this title do not apply; or, as applicable,
(ii) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.213(e)(1)(A) and (B) and (f)(3) - (5)(A) of this title. The applicable CEMS or PEMS performance evaluation and quality assurance procedures must be submitted no later than March 31, 2005, except that if the unit is shut down as of March 31, 2005, the CEMS or PEMS performance evaluation and quality assurance procedures must be submitted within 60 days after startup of the unit after March 31, 2005;
(C) for diesel and dual-fuel engines, comply with the restriction on hours of operation for maintenance or testing, and associated recordkeeping, as soon as practicable, but no later than April 1, 2002; and
(D) comply with all other requirements of Subchapter D, Division 2 of this chapter as soon as practicable, but no later than March 31, 2005.
Adopted December 13, 2002, Effective January 17, 2003 (7-23).
***end tx 117.534***7-23***EPA-R06-OAR-2005-TX-0018***TX024***TXd80***h2t***
§117.570. Use of Emissions Credits for Compliance.
As adopted by TCEQ 3/5/2003 effective 3/27/2003 (7-24).
Approved by EPA 3/26/2004 (69 FR 15681) effective 4/26/2004 (TXd43).
(a) An owner or operator of a unit not subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) may meet emission control requirements of §117.105 or §117.205 of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)), §117.106 or §117.206 of this title (relating to Emission Specifications for Attainment Demonstrations), §117.107 of this title (relating to Alternative System-wide Emission Specifications), §117.207 of this title (relating to Alternative Plant-wide Emission Specifications), §117.223 or §117.283 of this title (relating to Source Cap), or §§117.135, 117.265, or 117.475 of this title (relating to Emission Specifications) in whole or in part, by obtaining an emission reduction credit (ERC), mobile emission reduction credit (MERC), discrete emission reduction credit (DERC), or mobile discrete emission reduction credit (MDERC) in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title (relating to Emission Credit Banking and Trading; and Discrete Emission Credit Banking and Trading), unless there are federal or state regulations or permits under the same commission account number which contain a condition or conditions precluding such use.
(b) An owner or operator of a unit subject to §§117.108, 117.138, or 117.210 of this title (relating to System Cap) may meet the emission control requirements of these sections in whole or in part, by complying with the requirements of Chapter 101, Subchapter H, Division 5 of this title (relating to System Cap Trading) or by obtaining an ERC, MERC, DERC, or MDERC in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title, unless there are federal or state regulations or permits under the same commission account number which contain a condition or conditions precluding such use.
(c) For the purposes of this section, the term "reduction credit (RC)" refers to an ERC, MERC, DERC, or MDERC, whichever is applicable.
(d) Any lower nitrogen oxides (NOx) emission specification established under this chapter for the unit or units using RCs shall require the user of the RCs to obtain additional RCs in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title and/or otherwise reduce emissions prior to the effective date of such rule change. For units using RCs in accordance with this section which are subject to new, more stringent rule limitations, the owner or operator using the RCs shall submit a revised final control plan to the executive director in accordance with §117.117 or §117.217 of this title (relating to Revision of Final Control Plan) to revise the basis for compliance with the emission specifications of this chapter. The owner or operator using the RCs shall submit the revised final control plan as soon as practicable, but no later than 90 days prior to the effective date of the new, more stringent rule. The owner or operator of the unit(s) currently using RCs shall calculate the necessary emission reductions per unit as follows.
d
delta E = [LA x ( EROLD - ERNEW ) x ----]
2000
Where:
delta E = the differential of emissions
LA = the maximum level of activity
EROLD = the existing NOx emission rate for the affected in lb per unit of activity
ERNEW = the new NOx emission rate for the affected unit in lb per unit of activity
d = (i) to calculate annual emission reductions, d = 365
(ii) to calculate emission reductions for the remainder of a control
period, d = the number of days remaining in the control period
Adopted March 5, 2003, Effective March 27, 2003 (7-24)
******************************end tx 117.570*****TXd43***7-24********e3s**
**********************end texas chapter 117 subchapter e****TXd92***k9c***