(C) The owner or operator shall certify that the gaseous
fuel stream containing H2 will continuously
remain, as a minimum, at 99% H2 by volume
or greater during its use as a fuel to the combustion unit.
(l) Data used for compliance.
(1) After the initial demonstration of compliance required
by §117.335 of this title, the methods required in this section
must be used to determine compliance with the emission specifications
of §117.305 of this title. For enforcement purposes, the executive
director may also use other commission compliance methods to determine
whether the source is in compliance with applicable emission limitations.
(2) For units subject to §117.310(a) of this title,
the methods required in this section must be used in conjunction with
the requirements of Chapter 101, Subchapter H, Division 3 of this
title (relating to Mass Emissions Cap and Trade Program) to determine
compliance. For enforcement purposes, the executive director may also
use other commission compliance methods to determine whether the source
is in compliance with applicable emission limitations.
(m) Enforcement of NOX RACT
limits. If compliance with §117.305 of this title is selected,
no unit subject to §117.305 of this title may be operated at
an emission rate higher than that allowed by the emission specifications
of §117.305 of this title. If compliance with §117.315 of
this title is selected, no unit subject to §117.315 of this title
may be operated at an emission rate higher than that approved by the
executive director under §117.352(b) of this title (relating
to Final Control Plan Procedures for Reasonably Available Control
Technology).
(n) Loss of NOX RACT exemption.
The owner or operator of any unit claimed exempt from the emission
specifications of this division using the low annual capacity factor
exemption of §117.303(b)(2) of this title shall notify the executive
director within seven days if the Btu/yr or hour-per-year limit specified
in §117.10 of this title (relating to Definitions), as appropriate,
is exceeded.
(1) If the limit is exceeded, the exemption from the
emission specifications of this division is permanently withdrawn.
(2) Within 90 days after loss of the exemption, the
owner or operator shall submit a compliance plan detailing a plan
to meet the applicable compliance limit as soon as possible, but no
later than 24 months after exceeding the limit. The plan must include
a schedule of increments of progress for the installation of the required
control equipment.
(3) The schedule is subject to the review and approval
of the executive director.
(o) Testing and operating requirements. The owner or
operator of units that are subject to §117.310(a) of this title
shall comply with the following.
(1) The owner or operator of units that are subject
to §117.310(a) of this title shall test the units as specified
in §117.335 of this title in accordance with the schedule specified
in §117.9020(2) of this title (relating to Compliance Schedule
for Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources).
(2) Each stationary internal combustion engine controlled
with nonselective catalytic reduction must be equipped with an automatic
air-fuel ratio (AFR) controller that operates on exhaust O2 or CO control and maintains AFR in the range
required to meet the engine's applicable emission limits.
(p) Emission allowances. The owner or operator of units
that are subject to §117.310(a) of this title shall comply with
the following.
(1) The NOX testing and
monitoring data of subsections (a), (c), (f), (g), and (o) of this
section, together with the level of activity, as defined in §101.350
of this title (relating to Definitions), must be used to establish
the emission factor for calculating actual emissions for compliance
with Chapter 101, Subchapter H, Division 3 of this title (relating
to Mass Emissions Cap and Trade Program.
(2) For units not operating with CEMS or PEMS, the
following apply.
(A) Retesting as specified in subsection (o)(1) of
this section is required within 60 days after any modification that
could reasonably be expected to increase the NOX emission
rate.
(B) Retesting as specified in subsection (o)(1) of
this section may be conducted at the discretion of the owner or operator
after any modification that could reasonably be expected to decrease
the NOX emission rate, including, but
not limited to, installation of post-combustion controls, low-NOX burners, low excess air operation, staged
combustion (for example, overfire air), flue gas recirculation, and
fuel-lean and conventional (fuel-rich) reburn.
(C) The NOX emission rate
determined by the retesting must be used to establish a new emission
factor to calculate actual emissions from the date of the retesting
forward. Until the date of the retesting, the previously determined
emission factor must be used to calculate actual emissions for compliance
with Chapter 101, Subchapter H, Division 3 of this title.
(D) All test reports must be submitted to the executive
director for review and approval within 60 days after completion of
the testing.
(3) The emission factor in paragraph (1) or (2) of
this subsection is multiplied by the unit's level of activity to determine
the unit's actual emissions for compliance with Chapter 101, Subchapter
H, Division 3 of this title.
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Source Note: The provisions of this §117.340 adopted to be effective June 14, 2007, 32 TexReg 3206; amended to be effective March 4, 2009, 34 TexReg 1445; amended to be effective May 16, 2024, 49 TexReg 3347 |