| 3) Changes after December 31, 2000, to a unit subject
to an emission specification in this section that result in increased
NOX emissions from a unit not subject
to an emission specification of this section, 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, are only allowed if:
(A) the increase in NOX emissions
at the unit not subject to this section is determined using a CEMS
or PEMS that meets the requirements of §117.440 of this title,
or through stack testing that meets the requirements of §117.435
of this title; and
(B) emission credits equal to the increase in NOX emissions at the unit not subject to this
section are obtained and used in accordance with §117.9800 of
this title.
(4) A source that met the definition of major source
on December 31, 2000, is always classified as a major source for purposes
of this chapter. A source that did not meet the definition of major
source (i.e., was a minor source, or did not yet exist) on December
31, 2000, but becomes a major source at any time after December 31,
2000, is from that time forward always classified as a major source
for purposes of this chapter.
(5) The availability under subsection (a)(14) of this
section of an emission specification for units with an annual capacity
factor of 0.0383 or less is based on the unit's status as of December
31, 2000. Reduced operation after December 31, 2000, cannot be used
to qualify for a more lenient emission specification under subsection
(a)(14) of this section than would otherwise apply to the unit.
(f) Operating restrictions. No person may start or
operate any stationary diesel or dual-fuel engine for testing or maintenance
of the engine between the hours of 6:00 a.m. and noon, except:
(1) for specific manufacturer's recommended testing
requiring a run of over 18 consecutive hours;
(2) to verify reliability of emergency equipment (e.g.,
emergency generators or pumps) immediately after unforeseen repairs.
Routine maintenance such as an oil change is not considered to be
an unforeseen repair; or
(3) firewater pumps for emergency response training
conducted from April 1 through October 31.
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