(a) Where a person can demonstrate that an affected
unit cannot attain the applicable requirements of the carbon monoxide
(CO) or ammonia emission specifications of §117.1310(b) of this
title (relating to Emission Specifications for Eight-Hour Attainment
Demonstration), the executive director may approve emission specifications
different from the CO or ammonia specifications in §117.1310(b)
of this title for that unit. The executive director:
(1) shall consider on a case-by-case basis the technological
and economic circumstances of the individual unit;
(2) shall determine that such specifications are the
result of the lowest emission limitation the unit is capable of meeting
after the application of controls to meet the nitrogen oxides emission
specifications of §117.1310 of this title, as applicable; and
(3) in determining whether to approve alternative emission
specifications, may take into consideration the ability of the plant
where the unit is located to meet emission specifications through
system-wide averaging at maximum capacity.
(b) Any owner or operator affected by the executive
director's decision to deny an alternative case specific emission
specification may file a motion to overturn the executive director's
decision. The requirements of §50.139 of this title (relating
to Motion to Overturn Executive Director's Decision) apply. Executive
director approval does not necessarily constitute satisfaction of
all federal requirements nor eliminate the need for approval by the
United States Environmental Protection Agency in cases where specified
criteria for determining equivalency have not been clearly identified
in applicable sections of this division (relating to Dallas-Fort Worth
Eight-Hour Ozone Nonattainment Area Utility Electric Generation Sources).
|