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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 117CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS
SUBCHAPTER BCOMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS
DIVISION 3HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MAJOR SOURCES
RULE §117.310Emission Specifications for Attainment Demonstration

    (A) 0.050 lb/MMBtu; or

    (B) 1.08 pounds per air-dried ton of pulp;

  (13) kilns:

    (A) lime kilns, 0.66 pounds per ton of calcium oxide; and

    (B) lightweight aggregate kilns, 1.25 pounds per ton of product;

  (14) metallurgical furnaces:

    (A) heat treating furnaces, 0.087 lb/MMBtu; and

    (B) reheat furnaces, 0.062 lb/MMBtu;

  (15) magnesium chloride fluidized bed dryers, a 90% reduction from the emission factor used to calculate the 1997 ozone season daily NOX emissions;

  (16) incinerators, either of the following:

    (A) an 80% reduction from the emission factor used to calculate the June - August 1997 daily NOX emissions. To ensure that this emission specification will result in a real 80% reduction in actual emissions, a consistent methodology must be used to calculate the 80% reduction; or

    (B) 0.030 lb/MMBtu; and

  (17) as an alternative to the emission specifications in paragraphs (1) - (16) of this subsection for units with an annual capacity factor of 0.0383 or less, 0.060 lb/MMBtu. For units placed into service on or before January 1, 1997, the 1997 - 1999 average annual capacity factor must be used to determine whether the unit is eligible for the emission specification of this paragraph. For units placed into service after January 1, 1997, the annual capacity factor must be calculated from two consecutive years in the first five years of operation to determine whether the unit is eligible for the emission specification of this paragraph, using the same two consecutive years chosen for the activity level baseline. The five-year period begins at the end of the adjustment period as defined in §101.350 of this title (relating to Definitions).

(b) NOX averaging time. The averaging time for the emission specifications of subsection (a) of this section must be as specified in Chapter 101, Subchapter H, Division 3 of this title, except that electric generating facilities (EGFs) must also comply with the daily and 30-day system cap emission limitations of §117.320 of this title (relating to System Cap).

(c) Related emissions. No person shall allow the discharge into the atmosphere from any unit subject to subsection (a) of this section, emissions in excess of the following, except as provided in §117.325 of this title (relating to Alternative Case Specific Specifications) or paragraph (3) or (4) of this subsection.

  (1) CO emissions must not exceed 400 ppmv at 3.0% O 2, dry basis (or alternatively, 3.0 g/hp-hr for stationary internal combustion engines; or 775 ppmv at 7.0% O2, dry basis for wood fuel-fired boilers or process heaters):

    (A) on a rolling 24-hour averaging period, for units equipped with CEMS or PEMS for CO; and

    (B) on a one-hour average, for units not equipped with CEMS or PEMS for CO.

  (2) For units that inject urea or ammonia into the exhaust stream for NOX control, ammonia emissions must not exceed 10 ppmv at 3.0% O2, dry, for boilers and process heaters; 15% O2, dry, for stationary gas turbines (including duct burners used in turbine exhaust ducts), gas-fired lean-burn engines, and lightweight aggregate kilns; 0.0% O 2, dry, for fluid catalytic cracking units (including CO boilers, CO furnaces, and catalyst regenerator vents); 7.0% O2, dry, for BIF units that were regulated as existing facilities in 40 CFR Part 266, Subpart H (as was in effect on June 9, 1993), wood-fired boilers, and incinerators; and 3.0% O2, dry, for all other units, based on:

    (A) a block one-hour averaging period for units not equipped with a CEMS or PEMS for ammonia; or

    (B) a rolling 24-hour averaging period for units equipped with CEMS or PEMS for ammonia.

  (3) The correction of CO emissions to 3.0% O 2, dry basis, in paragraph (1) of this subsection does not apply to the following units:

    (A) lightweight aggregate kilns; and

    (B) boilers and process heaters operating at less than 10% of maximum load and with stack O2 in excess of 15% (i.e., hot-standby mode).

  (4) The CO limits in paragraph (1) of this subsection do not apply to the following units:

    (A) BIF units that were regulated as existing facilities in 40 CFR Part 266, Subpart H (as was in effect on June 9, 1993) and that are subject to subsection (a)(3) of this section; and

    (B) incinerators subject to the CO limits of one of the following:

      (i) §111.121 of this title (relating to Single-, Dual-, and Multiple-Chamber Incinerators);

      (ii) §113.2072 of this title (relating to Emission Limits) for hospital/medical/infectious waste incinerators; or

      (iii) 40 CFR Part 264 or 265, Subpart O, for hazardous waste incinerators.

(d) Compliance flexibility.

  (1) Section 117.325 of this title is not an applicable method of compliance with the NOX emission specifications of this section.

  (2) An owner or operator may petition the executive director for an alternative to the CO or ammonia specifications of this section in accordance with §117.325 of this title.

  (3) An owner or operator may not use the alternative methods specified in §§117.315, 117.323, and 117.9800 of this title (relating to Alternative Plant-Wide Emission Specifications; Source Cap; and Use of Emission Credits for Compliance) to comply with the NO X emission specifications of this section. The owner or operator shall use the mass emissions cap and trade program in Chapter 101, Subchapter H, Division 3 of this title to comply with the NOX emission specifications of this section, except that electric generating facilities must also comply with the daily and 30-day system cap emission limitations of §117.320 of this title. An owner or operator may use the alternative methods specified in §117.9800 of this title for purposes of complying with §117.320 of this title.

(e) Prohibition of circumvention:

  (1) the maximum rated capacity used to determine the applicability of the emission specifications in subsection (a) of this section and the initial control plan, compliance demonstration, monitoring, testing requirements, and final control plan in §§117.335, 117.340, 117.350, and 117.354 of this title (relating to Initial Demonstration of Compliance; Continuous Demonstration of Compliance; Initial Control Plan Procedures; and Final Control Plan Procedures for Attainment Demonstration Emission Specifications) must be:

    (A) the greater of the following:

      (i) the maximum rated capacity as of December 31, 2000; or

      (ii) the maximum rated capacity after December 31, 2000; or

    (B) alternatively, the maximum rated capacity authorized by a permit issued under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) on or after January 2, 2001, that the owner or operator submitted an application determined to be administratively complete by the executive director before January 2, 2001, provided that the maximum rated capacity authorized by the permit issued on or after January 2, 2001, is no less than the maximum rated capacity represented in the permit application as of January 2, 2001;

  (2) a unit's classification is determined by the most specific classification applicable to the unit as of December 31, 2000. For example, a unit that is classified as a boiler as of December 31, 2000, but subsequently is authorized to operate as a BIF unit, is classified as a boiler for the purposes of this chapter. In another example, a unit that is classified as a stationary gas-fired engine as of December 31, 2000, but subsequently is authorized to operate as a dual-fuel engine, is classified as a stationary gas-fired engine for the purposes of this chapter;

  (3) changes after December 31, 2000, to a unit subject to subsection (a) of this section (ESAD unit) that result in increased NO X emissions from a unit not subject to subsection (a) of this section (non-ESAD unit), such as redirecting one or more fuel or waste streams containing chemical-bound nitrogen to an incinerator with a maximum rated capacity of less than 40 MMBtu/hr or a flare, is only allowed if:

    (A) the increase in NOX emissions at the non-ESAD unit is determined using a CEMS or PEMS that meets the requirements of §117.340(f) or (g) of this title, or through stack testing that meets the requirements of §117.335(e) of this title; and

Cont'd...

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