|(a) An owner or operator of an electric generating
facility (EGF) shall comply with a daily and 30-day system cap nitrogen
oxides (NOX ) 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 is subject to §117.1210(a) of this title (relating to Emission
Specifications for Attainment Demonstration) must be included in the
(c) The system cap must be calculated as follows.
(1) A rolling 30-day average emission cap must be calculated
using the following equation.
(2) A maximum daily cap must be calculated using the
(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 §117.1240 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
(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 40 CFR Part 75, Appendix E monitoring in accordance
with §117.1240(e) 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
(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) if the methods specified in paragraphs (1) - (3)
of this subsection are not used, the owner or operator shall use the
maximum block one-hour emission rate as measured by the 30-day testing.
(f) 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 §117.1245 of
this title (relating to Notification, Recordkeeping, and Reporting
(g) The owner or operator 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 §117.1245 of this title.
(h) The owner or operator shall demonstrate initial
compliance with the system cap in accordance with the schedule specified
in §117.9120 of this title (relating to Compliance Schedule for
Houston-Galveston-Brazoria Ozone Nonattainment Area Utility Electric
(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, 2000. 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
(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.