| (a) An owner or operator of an electric generating
facility (EGF), as defined in §117.10 of this title (relating
to Definitions), may achieve compliance with the nitrogen oxides (NOX ) emission specifications in §117.1105
of this title (relating to Emission Specifications for Reasonably
Available Control Technology (RACT)) by achieving equivalent NOX emission reductions obtained by compliance
with a 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, that started operation before
January 1, 2025, and is subject to §117.1105 of this title, must
be included in the system cap.
(c) The system cap must be calculated using the following
equation.
Attached Graphic
(d) Continuous compliance with the system cap must
be demonstrated in accordance with the requirements in §117.1140
of this title (relating to Demonstration of Compliance).
(e) The owner or operator 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 §117.1145 of
this title (relating to Notification, Recordkeeping, and Reporting
Requirements).
(f) The owner or operator shall report any exceedance
of the system cap emission limit within three calendar days to the
appropriate regional office. The owner or operator shall then follow
up no later than 60 calendar days after 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 system cap 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 §117.1145 of this title.
(g) The owner or operator shall demonstrate compliance
with the system cap in accordance with the schedule specified in §117.9110
of this title (relating to Compliance Schedule for Bexar County Ozone
Nonattainment Area Utility Electric Generation Sources).
(h) 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 on or after January
1, 2025.
(i) 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 in the calculation of the system cap in subsection (c) of the
section.
(j) For the purposes of determining compliance with
the system cap, 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 the monitor is operating properly.
If the NOX monitor is not operating properly,
the substitute data procedures identified in §117.1140 of this
title must be used.
(k) Emission credits may be used in accordance with
the requirements of §117.9800 of this title (relating to Use
of Emission Credits for Compliance) to exceed the system cap.
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