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Texas SIP: 30 TAC 117.510. Compliance Schedule For Utility Electric Generation; SIP effective 2000.12.26

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 TACB April 19, 2000, effective May 11, 2000.

(As approved by EPA October 26, 2000 (65 FR 64148), effective December 26, 2000)

     (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 systems (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 pursuant to 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 the effective date of §117.106(a) of this title; 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 Trading);

               (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 §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 §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; and

               (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.  The owner or operator shall comply with the requirements of §117.106(b) 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(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 the effective date of §117.106(b) of this title; 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:

                         (I) §117.108 of this title (relating to System Cap), or

                         (II) §117.570 (relating to Trading);

               (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(b) of this title;

               (E)  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 §117.106(b) 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 §117.106(b) of this title.

     (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 November 15, 1999 (final compliance date).  The owner or operator shall:

          (1)  conduct applicable CEMS or PEMS evaluations and quality assurance procedures as specified in §117.113 of this title according to the following schedules:

               (A)  for equipment and software required pursuant to 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

               (B)  for equipment and software not required under 40 CFR 75, no later than November 15, 1999;

          (2)  install all NOx abatement equipment and implement all NOx control techniques no later than November 15, 1999;

          (3)  submit to the executive director:

               (A)  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;

               (B)  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:

                         (I)  November 15, 1999, for units complying with the 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;

          (4)  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

          (5)  submit a final control plan for compliance in accordance with §117.115 of this title, no later than November 15, 1999.

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