An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to www.epa.gov. This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

Texas SIP: 30 TAC 117.510. Compliance Schedule For Utility Electric Generation in Ozone Nonattainment Areas; SIP effective 2001.12.14

Regulatory Text: 
TNRCC Chapter 117 –  Control of Air Pollution from Nitrogen Compounds

SUBCHAPTER E:  ADMINISTRATIVE PROVISIONS

§117.510.  Compliance Schedule for Utility Electric Generation in Ozone Nonattainment Areas.
As adopted by TNRCC September 26, 2001, effective October 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57244) effective December 14, 2001.

     (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) 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 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)  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;

                    (D)  May 1, 2005, comply with §117.106(a) of this title;

                    (E)  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

                    (F)  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)  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;

                    (iv)  May 1, 2005, comply with §117.106(b) of this title;

                    (v)  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
                    (vi)  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 §117.510(b)(2)(A)(i) of this title 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 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 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; 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 47% 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, demonstrate that at least 95% 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

                         (III)  March 31, 2007, 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 paragraph (2)(A)(ii) of this subsection, 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.

               (E) If alternate emission specifications are implemented under §117.106(c)(5) of this title, the owner or operator of each EGF shall 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, demonstrate compliance with the system cap limit of §117.108 of this title.

Adopted September 26, 2001, Effective October 18, 2001
**** end tx 117.510 adopted by TNRCC 09/26/2001 (7-21)**d29*ebze***c1a1**