| (a) An owner or operator of an electric generating
facility (EGF) may achieve compliance with the nitrogen oxides (NOX ) emission specifications of §117.1010
of this title (relating to Emission Specifications for Attainment
Demonstration) by achieving equivalent NOX emission
reductions obtained by compliance with a daily and 30-day system cap
emission limitation in accordance with the requirements of this section.
(b) Each EGF within an electric power generating system,
as defined in §117.10 of this title (relating to Definitions),
that would otherwise be subject to the NOX emission
rates of §117.1010 of this title must be included in the system
cap.
(c) The system cap must be calculated as follows.
(1) A rolling 30-day average emission cap must be calculated
using the following equation.
Attached Graphic
(2) A maximum daily cap must be calculated using the
following equation.
Attached Graphic
(3) Each EGF in the system cap is subject to the emission
limits of both paragraphs (1) and (2) of this subsection at all times.
(d) The NOX emissions
monitoring required by §117.1040 of this title (relating to Continuous
Demonstration of Compliance) for each EGF in the system cap must be
used to demonstrate continuous compliance with the system cap.
(e) For each operating EGF, the owner or operator shall
use one of the following methods to provide substitute emissions compliance
data during periods when the NOX monitor
is off-line:
(1) if the NOX monitor
is a continuous emissions monitoring system (CEMS):
(A) subject to 40 Code of Federal Regulations (CFR)
Part 75, use the missing data procedures specified in 40 CFR Part
75, Subpart D (Missing Data Substitution Procedures); or
(B) subject to 40 CFR Part 75, Appendix E, use the
missing data procedures specified in 40 CFR Part 75, Appendix E, §2.5
(Missing Data Procedures);
(2) use Appendix E monitoring in accordance with §117.1040(d)
of this title;
(3) if the NOX monitor
is a predictive emissions monitoring system (PEMS):
(A) use the methods specified in 40 CFR Part 75, Subpart
D; or
(B) use calculations in accordance with §117.8110(b)
of this title (relating to Emission Monitoring System Requirements
for Utility Electric Generation Sources); or
(4) use the maximum block one-hour emission rate as
measured by the 30-day testing.
(f) The owner or operator of any EGF subject to a system
cap shall maintain daily records indicating the NOX
emissions and fuel usage from each EGF and summations of total
NOX emissions and fuel usage for all
EGFs under the system cap on a daily basis. Records must also be retained
in accordance with §117.1045 of this title (relating to Notification,
Recordkeeping, and Reporting Requirements).
(g) The owner or operator of any EGF subject to a system
cap shall report any exceedance of the system cap emission limit within
48 hours to the appropriate regional office. The owner or operator
shall then follow up within 21 days of the exceedance with a written
report to the regional office that includes an analysis of the cause
for the exceedance with appropriate data to demonstrate the amount
of emissions in excess of the applicable limit and the necessary corrective
actions taken by the company to assure future compliance. Additionally,
the owner or operator shall submit semiannual reports for the monitoring
systems in accordance with §117.1045 of this title.
(h) The owner or operator of any EGF subject to a system
cap shall demonstrate initial compliance with the system cap in accordance
with the schedule specified in §117.9100 of this title (relating
to Compliance Schedule for Beaumont-Port Arthur Ozone Nonattainment
Area Utility Electric Generation Sources).
(i) An EGF that is permanently retired or decommissioned
and rendered inoperable may be included in the system cap emission
limit, provided that the permanent shutdown occurred after January
1, 1999. The system cap emission limit is calculated in accordance
with subsection (b) of this section.
(j) Emission reductions from shutdowns or curtailments
that have been used for netting or offset purposes under the requirements
of Chapter 116 of this title (relating to Control of Air Pollution
by Permits for New Construction or Modification) may not be included
in the baseline for establishing the cap.
(k) For the purposes of determining compliance with
the system cap emission limit, the contribution of each affected EGF
that is operating during a startup, shutdown, or emissions event as
defined in §101.1 of this title (relating to Definitions) must
be calculated from the NOX emission rate
measured by the NOX monitor, if operating
properly. If the NOX monitor is not operating
properly, the substitute data procedures identified in subsection
(e) of this section must be used. If neither the NO
X monitor nor the substitute data procedure are operating properly,
the owner or operator shall use the maximum daily rate measured during
the initial demonstration of compliance, unless the owner or operator
provides data demonstrating to the satisfaction of the executive director
and the United States Environmental Protection Agency that actual
emissions were less than maximum emissions during such periods.
(l) An owner or operator of a source of NOX who is participating in the system cap under
this section may exceed their system cap provided that the owner or
operator is complying with the requirements of §117.9800 of this
title (relating to Use of Emission Credits for Compliance) or Chapter
101, Subchapter H, Division 1 or 4 of this title (relating to Emission
Credit Banking and Trading; and Discrete Emission Credit Banking and
Trading).
(m) In the event that a unit within an electric power
generating system is sold or transferred, the unit must become subject
to the transferee's system cap.
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