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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 117CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS
SUBCHAPTER CCOMBUSTION CONTROL AT MAJOR UTILITY ELECTRIC GENERATION SOURCES IN OZONE NONATTAINMENT AREAS
DIVISION 3HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA UTILITY ELECTRIC GENERATION SOURCES
RULE §117.1240Continuous Demonstration of Compliance

(m) Enforcement of NOX RACT limits. If compliance with §117.1205 of this title is selected, no unit subject to §117.1205 of this title may be operated at an emission rate higher than that allowed by the emission specifications of §117.1205 of this title. If compliance with §117.1215 of this title (relating to Alternative System-Wide Emission Specifications) is selected, no unit subject to §117.1215 of this title may be operated at an emission rate higher than that approved by the executive director in accordance with §117.1252(b) of this title (relating to Final Control Plan Procedures for Reasonably Available Control Technology).

(n) Testing requirements. The owner or operator of units subject to §117.1210(a) of this title must test the units as specified in §117.1235 of this title in accordance with the schedule specified in §117.9120(2) of this title (relating to Compliance Schedule for Houston-Galveston-Brazoria Ozone Nonattainment Area Utility Electric Generation Sources).

(o) Emission allowances. The owner or operator of units subject to §117.1210(a) of this title shall comply with the following.

  (1) The NOX testing and monitoring data of subsections (a), (i), and (n) of this section, together with the level of activity, as defined in §101.350 of this title (relating to Definitions), must be used to establish the emission factor for calculating actual emissions for compliance with Chapter 101, Subchapter H, Division 3 of this title.

  (2) For units not operating with a CEMS or PEMS, the following apply.

    (A) Retesting as specified in subsection (n) of this section is required within 60 days after any modification that could reasonably be expected to increase the NOX emission rate.

    (B) Retesting as specified in subsection (n) of this section may be conducted at the discretion of the owner or operator after any modification that could reasonably be expected to decrease the NO X emission rate, including, but not limited to, installation of post-combustion controls, low-NOX burners, low excess air operation, staged combustion (for example, overfire air), flue gas recirculation, and fuel-lean and conventional (fuel-rich) reburn.

    (C) The NOX emission rate determined by the retesting must establish a new emission factor to be used to calculate actual emissions from the date of the retesting forward. Until the date of the retesting, the previously determined emission factor must be used to calculate actual emissions for compliance with Chapter 101, Subchapter H, Division 3 of this title.

    (D) All test reports must be submitted to the executive director for review and approval within 60 days after completion of the testing.

  (3) The emission factor in paragraph (1) or (2) of this subsection is multiplied by the unit's level of activity to determine the unit's actual emissions for compliance with Chapter 101, Subchapter H, Division 3 of this title.


Source Note: The provisions of this §117.1240 adopted to be effective June 14, 2007, 32 TexReg 3206

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