| (a) An owner or operator may achieve compliance with
the nitrogen oxides (NOX ) emission specifications
of §117.3010 of this title (relating to Emission Specifications)
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 unit 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
specifications of §117.3010 of this title must be included in
the system cap.
(c) The annual average emission cap must be calculated
using the following equation.
Attached Graphic
(d) The NOX emissions
monitoring required by §117.3040 of this title (relating to Continuous
Demonstration of Compliance) for each unit in the system cap must
be used to demonstrate continuous compliance with the system cap.
(e) For each operating unit, 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 §117.3040(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
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 emission rate as measured by the
testing conducted in accordance with §117.3035(d) of this title
(relating to Initial Demonstration of Compliance).
(f) The owner or operator of any unit subject to a
system cap shall maintain daily records indicating the NOX emissions and fuel usage from each unit and
summations of total NOX emissions and
fuel usage for all units under the system cap on a daily basis. Records
must also be retained in accordance with §117.3045 of this title
(relating to Notification, Recordkeeping, and Reporting Requirements).
(g) The owner or operator of any unit subject to a
system cap shall submit annual reports for the monitoring systems
in accordance with §117.3045 of this title. The owner or operator
shall also report any exceedance of the system cap emission limit
in the annual report and shall include 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.
(h) The owner or operator of any unit subject to a
system cap shall demonstrate initial compliance with the system cap
in accordance with the schedule specified in §117.9300 of this
title (relating to Compliance Schedule for Utility Electric Generation
in East and Central Texas).
(i) A unit 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, 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 unit
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 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 in any of the east and central Texas attainment
counties listed in §117.3000(a)(4) of this title (relating to
Applicability) who is participating in the system cap under this section
(relating to System Cap) may exceed their system cap provided that
the owner or operator is complying with the requirements of 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).
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