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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 117CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS
SUBCHAPTER HADMINISTRATIVE PROVISIONS
DIVISION 1COMPLIANCE SCHEDULES
RULE §117.9030Compliance Schedule for Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources

(a) Reasonably available control technology emission specifications.

  (1) The owner or operator of any stationary source of nitrogen oxides (NOX ) in the Dallas-Fort Worth eight-hour ozone nonattainment area that is a major source of NOX and is subject to §117.405(a) or (b) of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)) shall comply with the requirements of Subchapter B, Division 4 of this chapter (relating to Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources) as follows:

    (A) for units subject to the emission specification of §117.405(a) of this title located in Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, or Tarrant Counties, or located at a source in Wise County that emits or has the potential to emit equal to or greater than 100 tons per year (tpy) of NOX :

      (i) submission of the initial control plan required by §117.450 of this title (relating to Initial Control Plan Procedures) was required by June 1, 2016;

      (ii) for units subject to the emission specification of §117.405(a) of this title as of January 1, 2017, compliance with all other requirements of Subchapter B, Division 4 of this chapter was required by January 1, 2017, and these units shall continue to comply with the requirements of Subchapter B, Division 4 of this chapter; and

      (iii) for units that became subject to the emission specification of §117.405(a) of this title after January 1, 2017, compliance is required as specified in paragraph (2) of this subsection;

    (B) for units subject to the emission specifications of §117.405(b) of this title located at sources in Wise County that emit or have the potential to emit equal to or greater than 100 tpy of NOX :

      (i) submission of the initial control plan required by §117.450 of this title was required by June 1, 2016;

      (ii) for units subject to the emission specifications of §117.405(b) of this title as of January 1, 2017, compliance with all other requirements of Subchapter B, Division 4 of this chapter was required by January 1, 2017, and these units shall continue to comply with the requirements of Subchapter B, Division 4 of this chapter; and

      (iii) for units that became subject to the emission specifications of §117.405(b) of this title after January 1, 2017, compliance is required as specified in paragraph (2) of this subsection;

    (C) for units subject to the emission specifications of §117.405 of this title located at sources in Wise County that emit or have the potential to emit equal to or greater than 50 tpy but less than 100 tpy of NOX :

      (i) submission of the initial control plan required by §117.450 of this title is required no later than January 15, 2021; and

      (ii) for units subject to the emission specifications of §117.405 of this title, compliance with all other requirements of Subchapter B, Division 4 of this chapter is required as soon as practicable, but no later than July 20, 2021; and

    (D) for units subject to the emission specifications of §117.405 of this title located at sources in Wise County that emit or have the potential to emit equal to or greater than 25 tpy but less than 50 tpy of NOX :

      (i) submission of the initial control plan required by §117.450(b) of this title is required no later than May 7, 2025; and

      (ii) compliance with all other requirements of Subchapter B, Division 4 of this chapter is required as soon as practicable, but no later than November 7, 2025.

  (2) The owner or operator of any stationary source of NOX that becomes subject to the requirements of §117.405 of this title on or after the applicable compliance date specified in paragraph (1) of this subsection, shall comply with the requirements of Subchapter B, Division 4 of this chapter as soon as practicable, but no later than 60 days after becoming subject.

(b) Eight-hour ozone attainment demonstration emission specifications.

  (1) The owner or operator of any stationary source of NOX in the Dallas-Fort Worth eight-hour ozone nonattainment area that is a major source of NOX and is subject to §117.410(a) of this title (relating to Emission Specifications for Eight-Hour Attainment Demonstration) shall comply with the requirements of Subchapter B, Division 4 of this chapter as follows:

    (A) submit the initial control plan required by §117.450 of this title no later than June 1, 2008; and

    (B) for units subject to the emission specifications of §117.410(a) of this title, comply with all other requirements of Subchapter B, Division 4 of this chapter as soon as practicable, but no later than:

      (i) March 1, 2009, for units subject to §117.410(a)(1), (2), (4), (5), (6), (7)(A), (8), (10), and (14) of this title;

      (ii) March 1, 2010, for units subject to §117.410(a)(3), (7)(B), (9), (11), (12), and (13) of this title;

    (C) for diesel and dual-fuel engines, comply with the restriction on hours of operation for maintenance or testing in §117.410(f) of this title, and associated recordkeeping in §117.445(f)(9) of this title (relating to Notification, Recordkeeping, and Reporting Requirements), as soon as practicable, but no later than March 1, 2009; and

    (D) for any stationary gas turbine or stationary internal combustion engine claimed exempt using the exemption of §117.403(a)(7)(D), (8), or (9) of this title (relating to Exemptions), comply with the run time meter requirements of §117.440(i) of this title (relating to Continuous Demonstration of Compliance), and recordkeeping requirements of §117.445(f)(4) of this title, as soon as practicable, but no later than March 1, 2009.

  (2) The owner or operator of any stationary source of NOX that becomes subject to the requirements of Subchapter B, Division 4 of this chapter on or after the applicable compliance date specified in paragraph (1) of this subsection, shall comply with the requirements of Subchapter B, Division 4 of this chapter as soon as practicable, but no later than 60 days after becoming subject.

  (3) The owner or operator of any unit that is subject to the emission specifications in §117.410(a) of this title located at sources in the Dallas-Fort Worth eight-hour ozone nonattainment area that emit or have the potential to emit equal to or greater than 25 tpy but less than 50 tpy of NOX :

    (A) submission of the initial control plan required by §117.450(b) of this title is required no later than May 7, 2025; and

    (B) compliance with all other requirements of Subchapter B, Division 4 of this chapter is required as soon as practicable, but no later than November 7, 2025.

  (4) The owner or operator of any stationary source of NOX that becomes subject to the requirements of Subchapter B, Division 4 of this chapter on or after the applicable compliance date specified in paragraph (3) of this subsection, shall comply with the requirements of Subchapter B, Division 4 of this chapter as soon as practicable, but no later than 60 days after becoming subject.


Source Note: The provisions of this §117.9030 adopted to be effective June 14, 2007, 32 TexReg 3206; amended to be effective June 25, 2015, 40 TexReg 3965; amended to be effective March 26, 2020, 45 TexReg 2013; amended to be effective May 16, 2024, 49 TexReg 3347

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