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

SUBCHAPTER E:  ADMINISTRATIVE PROVISIONS

§117.520.  Compliance Schedule For Industrial, Commercial, and Institutional Combustion Sources 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 commercial, institutional, and industrial 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) (relating to lean-burn 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 continuous emissions monitoring system (CEMS) or predictive emissions monitoring systems (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)-(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 (NO_x) emission limit on an hourly average; and

                         (II)  January 15, 2000, for units complying with the NO_x 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; and

          (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 which 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-burn 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 NO_x 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 the effective date of §117.206(a) of this title; or

                    (ii)  the total amount of emissions 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 Trading);

               (B)  May 1, 2003, submit to the executive director:

                    (i)  identification of enforceable emission limits which satisfy the conditions of subparagraph (A) of this paragraph;

                    (ii)  for units operating without CEMS or PEMS or for units operating with CEMS or PEMS and complying with the NO_x 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)-(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 §117.206(a) of this title;

               (C)  July 31, 2003, submit to the executive director:

                    (i)  the applicable tests for the initial demonstration of compliance as specified in §117.211 of this title, for units complying with the NO_x 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 which 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 §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 NO_x emission limit to comply with the emission specifications §117.206(a) of this title.

     (b)  The owner or operator of each commercial, institutional, and industrial source in the Dallas/Fort Worth ozone nonattainment area shall 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). The owner or operator shall:

          (1)  install all NO_x abatement equipment and implement all NO_x control techniques no later than March 31, 2002; and

          (2)  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 §117.211 of this title as early as practicable, but in no case later than March 31, 2002;

               (B)  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)-(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)  March 31, 2002, for units complying with the NO_x emission limit on an hourly average; and

                         (II)  May 31, 2002, for units complying with the NO_x emission limit on a rolling 30-day average;

               (C)  a final control plan for compliance in accordance with §117.215 of this title, no later than March 31, 2002; and

               (D)  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.

     (c)  The owner or operator of each commercial, institutional, and industrial source in the Houston/Galveston ozone nonattainment area shall comply with the requirements of Subchapter B, Division 3 of this chapter as soon as practicable, but no later than November 15, 1999 (final compliance date).  The owner or operator shall:

          (1)  submit a plan for compliance in accordance with §117.209 of this title (relating to Initial Control Plan Procedures) according to the following schedule:

               (A)  for major sources of NO_x which have units subject to emission specifications under this chapter, submit an initial control plan for all such units no later than April 1, 1994;

               (B)  for major sources of NO_x which have no units subject to emission specifications under this chapter, submit an initial control plan for all such units no later than September 1, 1994; and

               (C)  for major sources of NO_x subject to either subparagraphs (A) or (B) of this paragraph, submit the information required by §117.209(c)(6), (7), and (9) of this title no later than September 1, 1994; 

          (2)  install all NO_x abatement equipment and implement all NO_x 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 §117.211 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 §117.213 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:

                         (I)  November 15, 1999, for units complying with the NO_x emission limit on an hourly average; and

                         (II)  January 15, 2000, for units complying with the NO_x emission limit on a rolling 30-day average;

               (C)  a final control plan for compliance in accordance with §117.215 of this title, no later than November 15, 1999; and

               (D)  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.

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