(a) For sources that are subject to Chapter 101, Subchapter
H, Division 3 of this title (relating to Mass Emissions Cap and Trade
Program), the nitrogen oxides (NOX ) emission
rate values used to determine allocations for Chapter 101, Subchapter
H, Division 3 of this title must be the lower of any applicable permit
limit in a permit issued before January 2, 2001; any permit issued
on or after January 2, 2001, that the owner or operator submitted
an application determined to be administratively complete by the executive
director before January 2, 2001; any limit in a permit by rule under
which construction commenced by January 2, 2001; or the emission specifications
in subsection (c) of this section. The averaging time must be as specified
in Chapter 101, Subchapter H, Division 3 of this title.
(b) For sources that are not subject to Chapter 101,
Subchapter H, Division 3 of this title, NOX emissions
are limited to the lower of any applicable permit limit in a permit
issued before January 2, 2001; any permit issued on or after January
2, 2001, that the owner or operator submitted an application determined
to be administratively complete by the executive director before January
2, 2001; any limit in a permit by rule under which construction commenced
by January 2, 2001; or the emission specifications in subsection (c)
of this section. The averaging time must be as follows:
(1) if the unit is operated with a NOX continuous emissions monitoring system (CEMS)
or predictive emissions monitoring system (PEMS) under §117.2035(c)
of this title (relating to Monitoring and Testing Requirements), either
as:
(A) a rolling 30-day average period, in the units of
the applicable standard;
(B) a block one-hour average, in the units of the applicable
standard; or
(C) a block one-hour average, in pounds per hour, for
boilers and process heaters, calculated as the product of the boiler's
or process heater's maximum rated capacity and its applicable limit
in pounds per million British thermal units (lb/MMBtu); or
(2) if the unit is not operated with a NOX CEMS or PEMS under §117.2035(c) of this
title, a block one-hour average, in the units of the applicable standard.
(c) The following NOX emission
specifications must be used in conjunction with subsection (a) of
this section to determine allocations for Chapter 101, Subchapter
H, Division 3 of this title, or in conjunction with subsection (b)
of this section to establish unit-by-unit emission specifications,
as appropriate:
(1) from boilers and process heaters:
(A) gas-fired, 0.036 lb/MMBtu heat input (or alternatively,
30 parts per million by volume (ppmv) at 3.0% oxygen (O2 ), dry basis); and
(B) liquid-fired, 0.072 lb/MMBtu heat input (or alternatively,
60 ppmv at 3.0% O2 , dry basis);
(2) from stationary, gas-fired, reciprocating internal
combustion engines:
(A) fired on landfill gas, 0.60 gram per horsepower-hour
(g/hp-hr); and
(B) all others, 0.50 g/hp-hr;
(3) from stationary, dual-fuel, reciprocating internal
combustion engines, 5.83 g/hp-hr;
(4) from stationary, diesel, reciprocating internal
combustion engines:
(A) placed into service before October 1, 2001, that
have not been modified, reconstructed, or relocated on or after October
1, 2001, the lower of 11.0 g/hp-hr or the emission rate established
by testing, monitoring, manufacturer's guarantee, or manufacturer's
other data. For the purposes of this paragraph, the terms "modification"
and "reconstruction" have the meanings defined in §116.10 of
this title (relating to General Definitions) and 40 Code of Federal
Regulations §60.15 (December 16, 1975), respectively, and the
term "relocated" means to newly install at an account, as defined
in §101.1 of this title (relating to Definitions), a used engine
from anywhere outside that account; and
(B) for engines not subject to subparagraph (A) of
this paragraph:
(i) with a horsepower (hp) rating of 50 hp or greater,
but less than 100 hp, that are installed, modified, reconstructed,
or relocated:
(I) on or after October 1, 2001, but before October
1, 2003, 6.9 g/hp-hr;
(II) on or after October 1, 2003, but before October
1, 2007, 5.0 g/hp-hr; and
(III) on or after October 1, 2007, 3.3 g/hp-hr;
(ii) with a horsepower rating of 100 hp or greater,
but less than 175 hp, that are installed, modified, reconstructed,
or relocated:
(I) on or after October 1, 2001, but before October
1, 2002, 6.9 g/hp-hr;
(II) on or after October 1, 2002, but before October
1, 2006, 4.5 g/hp-hr; and
(III) on or after October 1, 2006, 2.8 g/hp-hr;
(iii) with a horsepower rating of 175 hp or greater,
but less than 300 hp, that are installed, modified, reconstructed,
or relocated:
(I) on or after October 1, 2001, but before October
1, 2002, 6.9 g/hp-hr;
(II) on or after October 1, 2002, but before October
1, 2005, 4.5 g/hp-hr; and
(III) on or after October 1, 2005, 2.8 g/hp-hr;
(iv) with a horsepower rating of 300 hp or greater,
but less than 600 hp, that are installed, modified, reconstructed,
or relocated:
(I) on or after October 1, 2001, but before October
1, 2005, 4.5 g/hp-hr; and
(II) on or after October 1, 2005, 2.8 g/hp-hr;
(v) with a horsepower rating of 600 hp or greater,
but less than or equal to 750 hp, that are installed, modified, reconstructed,
or relocated:
(I) on or after October 1, 2001, but before October
1, 2005, 4.5 g/hp-hr; and
(II) on or after October 1, 2005, 2.8 g/hp-hr; and
(vi) with a horsepower rating of 750 hp or greater
that are installed, modified, reconstructed, or relocated:
(I) on or after October 1, 2001, but before October
1, 2005, 6.9 g/hp-hr; and
(II) on or after October 1, 2005, 4.5 g/hp-hr;
(5) from stationary gas turbines (including duct burners),
0.15 lb/MMBtu; and
(6) as an alternative to the emission specifications
in paragraphs (1) - (5) of this subsection for units with an annual
capacity factor of 0.0383 or less, 0.060 lb/MMBtu heat input. For
units placed into service on or before January 1, 1997, the 1997 -
1999 average annual capacity factor must be used to determine whether
the unit is eligible for the emission specification of this paragraph.
For units placed into service after January 1, 1997, the annual capacity
factor must be calculated from two consecutive years in the first
five years of operation to determine whether the unit is eligible
for the emission specification of this paragraph, using the same two
consecutive years chosen for the activity level baseline. The five-year
period begins at the end of the adjustment period as defined in §101.350
of this title (relating to Definitions).
(d) The maximum rated capacity used to determine the
applicability of the emission specifications in subsection (c) of
this section must be:
(1) the greater of the following:
(A) the maximum rated capacity as of December 31, 2000;
or
(B) the maximum rated capacity after December 31, 2000;
or
(2) alternatively, the maximum rated capacity authorized
by a permit issued under Chapter 116 of this title (relating to Control
of Air Pollution by Permits for New Construction or Modification)
on or after January 2, 2001, for which the owner or operator submitted
an application determined to be administratively complete by the executive
director before January 2, 2001, provided that the maximum rated capacity
authorized by the permit issued on or after January 2, 2001, is no
less than the maximum rated capacity represented in the permit application
as of January 2, 2001.
(e) A unit's classification is determined by the most
specific classification applicable to the unit as of December 31,
2000. For example, a unit that is classified as a stationary gas-fired
engine as of December 31, 2000, but subsequently is authorized to
operate as a dual-fuel engine, is classified as a stationary gas-fired
engine for the purposes of this chapter.
(f) Changes after December 31, 2000, to a unit subject
to an emission specification in subsection (c) of this section (ESAD
unit) that result in increased NOX emissions
from a unit not subject to an emission specification in subsection
(c) of this section (non-ESAD unit), such as redirecting one or more
fuel or waste streams containing chemical-bound nitrogen to an incinerator
or a flare, is only allowed if:
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