SECTION 116.913. General and Special Conditions

(a) The following general conditions shall be applicable to every electric generating facility permit (EGFP) unless otherwise specified in the permit.

(1) A permit issued under this subchapter may authorize the following:

(A) for grandfathered natural gas-fired electric generating facilities (EGFs), emissions of all air contaminants;

(B) for grandfathered coal-fired EGFs, nitrogen oxides (NO_x ) emissions, sulfur dioxide (SO ₂) emissions, and particulate matter (PM) through opacity limitations as specified in §111.111 of this title (relating to Requirements for Specified Sources);

(C) for electing natural gas-fired EGFs, allowances for NO_x emissions;

(D) for electing coal-fired EGFs, allowances for NO _x emissions, allowances for SO₂ emissions, and PM through opacity limitations as specified in §111.111 of this title; and

(E) for facilities identified in §116.917(a) of this title (relating to Electric Generating Facility Permit Application for Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites), emissions of all criteria pollutants.

(2) Permits for grandfathered facilities as defined in §116.10 of this title (relating to General Definitions) at sites with grandfathered or electing EGFs and permitted under Subchapter H of this chapter (relating to Permits for Grandfathered Facilities) may be consolidated with a permit issued under this subchapter.

(3) The owner or operator of a grandfathered EGF, an electing EGF, and if applicable, any facility included in an EGFP under §116.917 of this title, must comply with Chapter 101, Subchapter H, Division 2 of this title (relating to Emissions Banking and Trading of Allowances) including the requirement to maintain allowances in a compliance account. Allowances may be transferred in accordance with §101.335 of this title (relating to Allowance Banking and Trading).

(4) Mass emission monitoring and reporting shall be conducted in accordance with §116.914 of this title (relating to Emissions Monitoring and Reporting Requirements).

(5) On June 1 after every control period, the owner or operator shall hold a quantity of allowances for emissions of NO _x and, where applicable, SO₂, in its compliance account that is equal to or greater than the total emissions of that air contaminant emitted during the prior control period for each EGF permitted in accordance with §116.911(a) and (b) of this title (relating to Electric Generating Facility Permit Application) and for each facility permitted in accordance with §116.917 of this title.

(6) Owners or operators shall submit a report of the amount of emissions of each allocated air contaminant, from the prior control period to the Air Permits Division consistent with the requirements of §101.336(b) of this title (relating to Emission Monitoring, Compliance Demonstration, and Reporting).

(7) Coal-fired grandfathered and electing EGFs must meet the opacity limitations of §111.111 of this title.

(8) Natural gas-fired EGFs that were designed to also burn fuel oil may burn any American Society for Testing and Materials (ASTM) grade fuel oil or mixture of ASTM grade fuel oils containing not more than 0.7% sulfur by weight as determined by ASTM Method D 396. Burning of fuel oil does not relieve the owner or operator of the EGF from the responsibility to comply with the emission limitations, allowances, or conditions of any permit or state or federal regulation. The burning of waste or used oils is not authorized by this subchapter.

(9) Owners or operators of natural gas fired EGFs that were designed to also burn fuel oil shall submit an annual report for the EGFs that burned fuel oil during each control period. The report shall include the names of the unit(s) burning fuel oil, the date(s) that fuel oil is burned, the amount of fuel oil burned, and the ASTM grade(s) of the fuel oil or fuel oil mixture that is burned. This report shall be included with the report required by §101.336(b) of this title (relating to Emission Monitoring, Compliance Demonstration, and Reporting).

(b) Special conditions may be included in the EGFP.

Source Note: The provisions of this §116.913 adopted to be effective January 11, 2000, 25 TexReg 185; amended to be effective June 12, 2002, 27 TexReg 4954