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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 112CONTROL OF AIR POLLUTION FROM SULFUR COMPOUNDS
SUBCHAPTER FREQUIREMENTS IN THE HUTCHINSON COUNTY NONATTAINMENT AREA
DIVISION 4REQUIREMENTS FOR THE PHILLIPS 66 BORGER REFINERY
RULE §112.232Control Requirements

(a) SRU Incinerator (EPN 34I1) emissions may not exceed 44.82 pounds per hour (lb/hr) sulfur dioxide (SO2) during normal operations;

(b) SCOT Unit Incinerator (EPN 43I1) emissions may not exceed 37.00 lb/hr SO2 during normal operations.

(c) During authorized maintenance, startup, and shutdown (MSS) activities, SRU Incinerator (EPN 34I1) and SCOT Unit Incinerator (EPN 43I1) may not operate simultaneously and the combined emissions from these sources may not exceed 94.00 lb/hr SO2.

(d) EPN 66FL1, EPN 66FL2, EPN 66FL3, and EPN 66FL12, may only combust pipeline quality natural gas or a refinery gas stream with a maximum sulfur content of 162 parts per million by volume as hydrogen sulfide determined hourly on a three-hour rolling average basis except as provided for in 40 CFR §60.103a(h).

(e) The combined emissions from EPN 66FL1, EPN 66FL2, EPN 66FL3, and EPN 66FL12 may not exceed 100.14 lb/hr SO2 during normal operations and 850.00 lb/hr SO2 during authorized MSS activities.

(f) The combined emissions from EPNs listed in §112.230(b)(6) of this title may not exceed 172.09 lb/hr SO2 during normal operations.

(g) The combined emissions from EPNs listed in §112.230(b)(7) of this title may not exceed 92.45 lb/hr SO2 during authorized MSS activities.

(h) Unit 29 FCCU Stack (EPN 29P1) emissions may not exceed 97.37 lb/hr SO2 on a seven-day rolling average.

(i) EPN 40P1 (Unit 40 FCCU Stack (EPN 40P1) emissions may not exceed 101.37 lb/hr SO2 on a seven-day rolling average.

(j) Unless otherwise specified, compliance with the emission limits in this section must be calculated on a block one-hour average basis.

(k) The owner or operator may request an alternate means of control (AMOC) as follows.

  (1) Permitting Requirements. Compliance with this subsection does not relieve any owner or operator of the responsibility to comply with the requirements of §116.110 or §116.151 of this title (relating to Applicability and New Major Source or Major Modification in Nonattainment Area Other Than Ozone, respectively) with respect to the new construction or modification of sources that may emit SO2 into the air of this state.

  (2) Availability of AMOC.

    (A) The owner or operator of any site subject to a control requirement in this subchapter may request approval of an AMOC plan using the procedures established in this subsection. The executive director shall review a submitted AMOC and may approve the AMOC plan if it is demonstrated that the plan meets all applicable criteria and procedures of this subsection. The owner or operator who submits an AMOC plan not satisfying the requirements of this section may apply for a site-specific state implementation plan revision approved by the executive director and the United States Environmental Protection Agency (EPA).

    (B) Application for an AMOC plan does not stay enforcement of regulations in this subchapter.

    (C) Any violation of an AMOC plan will be subject to enforcement action as a violation of this subchapter.

  (3) Criteria for Approval of AMOC Plans. An AMOC plan may be approved if it meets each of the following criteria, as applicable.

    (A) Except as provided for in paragraph (8) of this subsection, all sources covered by the AMOC plan must be and remain at the same site.

    (B) If the AMOC plan includes an increase in the lb/hr emission limit for a source subject to the control requirements in this subchapter, the AMOC plan must also include an equivalent decrease in the lb/hr emission limit for one or more sources subject to the control of this subchapter.

    (C) The AMOC application must include a demonstration that satisfies the following requirements.

      (i) The modeled impacts of all sources affected by the AMOC plan demonstrate no net increase in ground-level concentration, which for purposes of this subparagraph means no net increase in modeled off-property concentration of SO2, on a highest, first-high basis, at any receptor, i, in excess of the lesser of:

        (I) GLCcrit,i , as defined in the following equation; or

Attached Graphic

        (II) an applicable significant impact level for the one-hour National Ambient Air Quality Standard for SO2

      (ii) Except where otherwise provided in this section, the demonstration required under this paragraph must be by means of applicable air quality models, databases, and other requirements specified in Appendix W to 40 CFR §51.1 and what was used in the modeling for the corresponding SIP revision.

    (D) The AMOC must be implemented and reductions created after the effective date of this rule.

    (E) The AMOC plan must establish control requirements and monitoring, testing, recordkeeping and reporting requirements consistent with and no less stringent than the applicable requirements of this subchapter for all sources in the plan that render the proposed control requirements enforceable.

  (4) Procedures for AMOC Plan Submittal.

    (A) The owner or operator requesting an AMOC plan shall submit a proposed AMOC plan and demonstration to the executive director; copies of such plan and demonstration must also be submitted to the appropriate regional office, any local air pollution control program with jurisdiction over the site affected by the AMOC plan, and to the EPA regional office.

    (B) The proposed AMOC plan must include the following information:

      (i) the AMOC applicant name with mailing address, site name with physical address, regulated entity number, and contact person including address and telephone number;

      (ii) an identification and a description of the sources involved in the AMOC plan including any applicable air permit numbers, plot plans, detailed flow diagrams, emission point numbers (EPNs), and facility identification numbers (FINs); an identification of the provisions of this subchapter that are applicable to such sources; and an identification of promulgated provisions of this subchapter that will be applicable to such sources; and a description of normal operating conditions for each source causing emissions;

      (iii) control requirements, which must be established for each source to make emission limits enforceable, to be applicable to each source affected by the proposed AMOC plan;

      (iv) a demonstration that the AMOC plan satisfies each applicable requirement of paragraph (3) of this subsection;

      (v) a list containing the name, address, and telephone number of any air pollution control program with jurisdiction over the site affected by the AMOC plan; and

      (vi) any other relevant information necessary to evaluate the merits and enforceability of the AMOC plan, as may be requested by the executive director.

    (C) All representations with regard to the AMOC plan, as well as any provisions attached to the AMOC plan, become conditions upon which the subsequent AMOC plan is issued. If the AMOC plan is approved by the executive director and the EPA, the owner or operator may not vary from such representation or provision if the change will cause a change in the method of control of emissions, the character of the emissions, or will result in an increase in the discharge of the various emissions. If the AMOC plan is approved by the executive director and the EPA, the owner or operator may not vary from the emission limits, control requirements, monitoring, testing, reporting, or recordkeeping requirements of an approved AMOC plan.

    (D) Applications to amend or revise an AMOC plan must be submitted subject to the requirements of this subsection.

  (5) Procedures for an AMOC Plan Approval. Upon a preliminary determination to approve or deny the proposed AMOC plan, the executive director shall, in writing, so notify the submitter of the plan, any local air pollution control program with jurisdiction over the site affected by the AMOC plan, and the EPA regional office.

    (A) If the executive director makes a preliminary determination to approve the AMOC plan, the notice must include a copy of the AMOC plan as preliminarily approved.

    (B) If the executive director makes a determination to deny the AMOC plan, the notice must include a description of the reasons for such determination of denial. This determination constitutes a final action of the executive director appealable to the Commission as provided in subparagraph (G) of this subsection.

Cont'd...

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