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You are here: Home / Permitting / Air Permits / PermitByRule / Historical Rules / old117 / 693 / Outdated Title 30 TAC 117.510 - 570 Subchapter D, June 9, 1993

Outdated Title 30 TAC 117.510 - 570 Subchapter D, June 9, 1993

Outdated 30 TAC 117 and 31 TAC 117 rules, 31 TAC 117 date from 1972 and the rule changed to 30 TAC 117 in September 1993

Subchapter D Administrative Provisions

117.510 Compliance Schedule For Utility Electric Generation
117.520 Compliance Schedule For Commercial, Institutional, and Industrial Combustion Sources
117.530 Compliance Schedule For Nitric Acid and Adipic Acid Manufacturing Sources
117.540 Phased Reasonably Available Control Technology (RACT)
117.550 Permit Requirements
117.560 Rescission
117.570 Alternate Means of Compliance-Trading

117.510 Compliance Schedule For Utility Electric Generation

All persons affected by the provisions of the undesignated head (relating to Utility Electric Generation) in Subchapter B of this chapter shall be in compliance as soon as practicable, but no later than May 31, 1995 (final compliance date). Additionally, 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 plan for compliance in accordance with § 117.109 of this title (relating to Initial Control Plan Procedures);

(2) conduct applicable continuous emissions monitoring system (CEMS) evaluations and quality assurance procedures as specified in § 117.113 of this title (relating to Continuous Demonstration of Compliance) no later than January 1, 1995; and

(3) install all nitrogen oxides (NOx) abatement equipment, implement all NOx control techniques and submit the results of the CEMS performance evaluation and quality assurance procedures to the TACB no later than May 31, 1995;

(4) conduct applicable tests for initial demonstration of compliance as specified in § 117.111 of this title (relating to Initial Demonstration of Compliance) no later than 60 days after May 31, 1995.

117.520 Compliance Schedule For Commercial, Institutional, and Industrial Combustion Sources

All persons affected by the provisions of the undesignated head (relating to Commercial, Institutional, and Industrial Sources) in Subchapter B of this chapter shall be in compliance as soon as practicable, but no later than May 31, 1995 (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 plan for compliance in accordance with § 117.209 of this title (relating to Initial Control Plan Procedures);

(2) install all NOx abatement equipment and implement all NOx control techniques no later than May 31, 1995;

(3) for units operating without continuous emissions monitoring system (CEMS), conduct applicable tests for initial demonstration of compliance as specified in § 117.211 of this title (relating to Initial Demonstration of Compliance); and submit the results by April 1, 1994, or as early as practicable, but in no case later than May 31, 1995;

(4) for units operating with CEMS and complying with the NOx emission limit in pound per million Btu on a rolling 30-day average, conduct the applicable tests for the initial demonstration of compliance as specified in § 117.211 of this title and submit the results of the applicable CEMS performance evaluation and quality assurance procedures as specified in § 117.213 of this title (relating to Continuous Demonstration of Compliance) within 60 days after May 31, 1995;

117.530 Compliance Schedule For Nitric Acid and Adipic Acid Manufacturing Sources

All persons affected by the provisions of the undesignated head (relating to Adipic Acid Manufacturing) in Subchapter C of this chapter or the provisions of the undesignated head (relating to Nitric Acid Manufacturing) in Subchapter C of this chapter shall be in compliance as soon as practicable, but no later than May 31, 1995 (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) 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 performance testing as specified in § 117.311 of this title 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 device as part of the control plan specified in § 117.309 and § 117.409 of this title; and

(B) no later than May 31, 1995, for affected facilities performing process modification or installation of a CEMS 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 performance evaluation and quality assurance procedures and the results of performance testing specified in paragraph (2) of this section.

117.540 Phased Reasonably Available Control Technology (RACT)

The owner or operator affected by the provisions of this chapter (relating to Control of Air Pollution from Nitrogen Compounds) who believes that compliance by May 31, 1995, is not practicable may submit a petition for phased RACT. The process for submitting a petition and receiving approval shall be based on the following.

(1) The petition shall be submitted with the applicable initial control plan required in § 117.109 of this title (relating to Initial Control Plan Procedures), § 117.209 of this title (relating to Initial Control Plan Procedures), § 117.309 of this title (relating to Control Plan Procedures), or § 117.409 of this title (relating to Control Plan Procedures); or as soon as possible after determination by the owner or operator that compliance by May 31, 1995 is not practicable.

(2) The owner or operator of the affected unit or units shall submit information in the petition to the TACB and a copy to the EPA regional office in Dallas which will demonstrate all of the following:

(A) compliance by May 31, 1995 is impracticable due to the unavailability of nitrogen oxides (NOx) abatement equipment, engineering services, or construction labor; system unreliability; or other technological and economic factors (such as costs of additional outages necessitated by compliance with the emission specifications of this title by May 31, 1995, as demonstrated by comparison to costs of actual historical and planned outages) as the TACB determines as appropriate;

(B) there is a proposed stage-by-stage program for compliance and clearly specified compliance milestones for each unit;

(C) there is a commitment to implement the portion of the phased RACT petition that can be implemented by May 31, 1995; and

(3) The executive director shall approve a petition for phased RACT if the executive director determines that compliance is not practicable by May 31, 1995 because of the unavailability of nitrogen oxides abatement equipment, engineering services or construction labor; system unreliability; or other technological and economic factors (such as costs of additional outages necessitated by compliance with the emission specifications of this title by May 31, 1995, as demonstrated by comparison to costs of actual historical and planned outages) as the TACB determines is appropriate.

(4) Any person affected by the Executive Director's decision may appeal the decision to the Board within 30 days after the date of the decision. Such appeal is to be taken by written notification to the executive director. Section 103.71 of this title (relating to Request for Action by the Board) should be consulted for the method of requesting Board action on the appeal. Approved petitions for phased RACT may be revised by the executive director upon a showing of just cause by the applicant.

(5) Approval of a phased RACT schedule by the TACB does not waive any applicable federal requirements or eliminate the need for approval by the EPA.

(6) The holder of an approved phased RACT determination shall comply with each specified compliance milestone and each date for compliance provided in the approved petition, as well as any other condition established in the approval.

(b) The executive director shall initiate a reevaluation of the final compliance dates specified in this undesignated head (relating to Administrative Provisions) one year after the adoption of this chapter. The executive director shall evaluate the practicability of all sources complying with § 117.105 of this title (relating to Emission Specifications), § 117.107 of this title (relating to Alternative System-Wide Emission Specifications), § 117.205 of this title (relating to Emission Specifications), § 117.207 of this title (relating to Alternative Plant-Wide Emission Specifications), § 117.305 of this title (relating to Emission Specifications) and § 117.405 of this title (relating to Emission Specifications) by May 31, 1995. The executive director shall base the evaluation on the information contained in the control plans required by § 117.109 of this title, § 117.209 of this title, § 117.309 of this title and § 117.409 of this title. In evaluating the practicability of compliance by May 31, 1995, the executive director shall take into consideration the availability of NOx abatement equipment, engineering services, construction labor; system reliability of all affected units; or other technological and economic factors (such as costs of additional outages necessitated by compliance with the emission specifications of this title by May 31, 1995, as demonstrated by comparison to costs of actual historical and planned outages) as the TACB determines is appropriate. Within 15 months after adoption of these rules, the executive director shall publish notice in the Texas Register the intent to either retain or extend by rulemaking the final compliance dates of this undesignated head.

117.550 Permit Requirements

(a) In lieu of complying with the permitting requirements of Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification), any person who installs nitrogen oxides (NOx) abatement equipment or implements a NOx control technique in order to comply with the requirements of this chapter shall be entitled to a standard permit under the following conditions.

(1) The change must not result in an increase of the unit's or the facility's production capacity, as documented in accordance with § § 117.119, 117.219, 117.319, and 117.419 of this title (relating to Notification, Recordkeeping, and Reporting Requirements), as applicable, except in the following cases.

(A) For gas turbines, any increase in capacity must be a direct result of the requirement to implement controls on existing units required to meet emission limitations required by § 117.105 of this title (relating to Emission Specifications), § 117.107 of this title (relating to Alternative System-Wide Emission Specifications), § 117.205 of this title (relating to Emission Specifications), § 117.207 of this title (relating to Alternative Plant-Wide Emission Specifications), and § 117.580 of this title (relating to Source Cap).

(2) Any emission increase of an air contaminant other than NOx must be a direct result of installing a NOx control device or implementing a NOx control technique and shall:

(A) not cause an increase of any air contaminants at a facility in excess of:

(i) carbon monoxide, 250 tons per year; or

(ii) volatile organic compounds or inhalable particulate mater, 25 tons per year or 25 tons per year of any other air contaminant, except water, nitrogen, methane, ethane, hydrogen and oxygen;

(B) not trigger any federal Prevention of Significant Deterioration (Part C) or Nonattainment (Part D) Permit requirement;

(C) be quantified in the initial compliance to the exten feasible;

(D) be tested as required by § 117.111 of this title (relating to Initial Demonstration of Compliance), u.211 of this title (relating to Demonstration of Compliance), § 117.311 of this title (relating to Initial Demonstration of Compliance) and § 117.411 of this title (relating to Initial Demonstration of Compliance); and

(E) be subject to permitting requirements pursuant to Title V of the 1990 Federal Clean Air Act Amendments.

(3) The installation of NOx abatement equipment must not constitute construction of a new facility, unless authorized by a Standard Exemption in accorance with § 116.6 of this title (relating to Exemption Facilities);

(b) Any person who installs NOx abatement equipment or implements a NOx control technique to a unit, in order to comply with the requirements of this chapter, located at a facility which is grandfathered from the permit requirements pursuant to Chapter 116 of this title, shall not be required to obtain a permit for the increase of an air contaminant in accordance with § 116.1 of this title (relating to Permit Requirements), subject to the conditions of subsection (a)(1), (2) and (3) of this section.

117.560 Rescission

If, after reviewing the results of the Urban Airshed Model for a nonattainment area, the Texas Air Control Board (TACB) determines after conducting public hearings that the additional reductions of nitrogen oxides (NOx) in the nonattainment area would not contribute to attainment of the National Ambient Air Quality Standards for ozone in that nonattainment area, then the TACB shall have the executive director submit such findings and results to the United States Environmental Protection Agency (EPA) Administrator for a determination under the 1990 Federal Clean Air Act Amendments § 182(f). If the EPA Administrator approves the TACB's finding, then the requirements of this chapter shall be reproposed in rulemaking to address the findings of the Administrator as to the applicable NOx requirements.

117.570 Alternative Means of Compliance Trading

(a) The executive director may approve alternate means of compliance with this chapter (relating to Control of Air Pollution From Nitrogen Compounds), including the use of emission reduction credits. The alternative compliance plan may include the trading of emission reduction credits between sources owned by the same company as well as between sources owned by different companies. Any alternative compliance plan may be approved if the executive director determines that it will provide substantially equivalent emission reductions to those required by this chapter and satisfactory means for determing on going compliance with the approved alternative compliance plan, including monitoring. Executive director approval does not necessarily constitute satisfaction of all federal requirements, nor eliminate the need for approval by the US EPA of any alternate method.

(b) The executive director may consider the establishment of a facility cap as an alternate means of compliance with this chapter. A facility cap plan submitted under this provision may be approved if the executive director determines that it will provide substantially equivalent emission reductions to those required by this chapter and establishes satisfactory means for determining ongoing compliance with the facility cap, including appropriate monitoring and recordkeeping requirements. Executive director approval does not necessarily constitute satisfaction of all federal requirements, nor eliminate the need for approval by EPA of any alternate method.


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