(a) As an alternative to complying with the requirements
of §117.3110 of this title (relating to Emission Specifications)
in Bexar, Comal, Ellis, Hays, and McLennan Counties, an owner or operator
may reduce total nitrogen oxides (NOX )
emissions (in pounds per day (ppd)) from all cement kilns at the account
(including any cement kilns placed into service on or after December
31, 1999) to at least 30% less than the total NOX emissions
(in ppd) from all cement kilns in the account's 1996 emissions inventory
(EI), on a 90-day rolling average basis. For the purposes of this
section, the 90-day rolling average is calculated as the total of
all the hourly emissions data for the preceding 90 days. For the calendar
year that includes the appropriate compliance date in §117.9320
of this title (relating to Compliance Schedule for Cement Kilns),
only hourly emissions data on or after that compliance date is included,
such that the first 90-day period ends 90 days after the appropriate
compliance date in §117.9320 of this title. A 90-day rolling
average emission cap must be calculated using the following equation.
Attached Graphic
(b) To qualify for the source cap option available
under this section, the owner or operator shall submit an initial
control plan to the executive director, the appropriate regional office,
and any local air pollution control program with jurisdiction that
demonstrates that the overall reduction of NOX emissions
from all cement kilns at the account will be at least 30% from the
1996 baseline EI on a 90-day rolling average basis. The plan must
be submitted no later than December 31 of the year preceding the appropriate
compliance date in §117.9320 of this title. Each control plan
must be approved by the executive director before the owner or operator
may use the source cap available under this section for compliance.
At a minimum, the control plan must include the emission point number
(EPN), facility identification number (FIN), and 1996 baseline EI
NOX emissions (in ppd) from each cement
kiln at the account; a description of the control measures that have
been or will be implemented at each cement kiln; and an explanation
of the recordkeeping procedure and calculations that will be used
to demonstrate compliance.
(c) Beginning on March 31 of the year following the
appropriate compliance date in §117.9320 of this title, the owner
or operator shall submit an annual report no later than March 31 of
each year to the executive director, the appropriate regional office,
and any local air pollution control program with jurisdiction that
demonstrates that the overall reduction of NOX emissions
from all cement kilns at the account is at least 30% from the 1996
baseline EI on a 90-day rolling average basis. At a minimum, the report
must include the EPN, FIN, and each 90-day rolling average NOX emissions (in ppd) during the preceding calendar
year for the cement kilns at the account.
(d) All representations in control plans and annual
reports become enforceable conditions. The owner or operator shall
not vary from such representations if the variation will cause a change
in the identity of the specific cement kilns subject to this section
or the method of control of emissions unless the owner or operator
submits a revised control plan to the executive director, the appropriate
regional office, and any local air pollution control program with
jurisdiction no later than 30 days after the change. All control plans
and reports must demonstrate that the total NOX emissions
(in ppd) from all cement kilns at the account (including any cement
kilns placed into service on or after December 31, 1999) are being
reduced to at least 30% less than the total NOX emissions
(in ppd) from all cement kilns in the account's 1996 EI on a 90-day
rolling average basis.
(e) The NOX emissions
monitoring required by §117.3140 of this title (relating to Continuous
Demonstration of Compliance) for each cement kiln in the source cap
must be used to demonstrate continuous compliance with the source
cap.
(f) An owner or operator may use §117.9800 of
this title (relating to Use of Emission Credits for Compliance) to
meet the NOX emission control requirements
of this section, in whole or in part.
(g) This section no longer applies in Bexar County
after December 31, 2024.
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