SECTION 117.9120. Compliance Schedule for Houston-Galveston-Brazoria Ozone Nonattainment Area Utility Electric Generation Sources

The owner or operator of each electric utility in the Houston-Galveston-Brazoria ozone nonattainment area shall comply with the requirements of Subchapter C, Division 3 of this chapter (relating to Houston-Galveston-Brazoria Ozone Nonattainment Area Utility Electric Generation Sources) as soon as practicable, but no later than the dates specified in this section.

(1) Reasonably available control technology. The owner or operator shall, for all units, comply with the requirements of Subchapter C, Division 3 of this chapter as soon as practicable, but no later than November 15, 1999 (final compliance date), except as specified in subparagraph (D) of this paragraph, relating to oil firing, and paragraph (2) of this section:

(A) conduct applicable continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) evaluations and quality assurance procedures as specified in §117.1240 of this title (relating to Continuous Demonstration of Compliance) according to the following schedules:

(i) for equipment and software required under 40 Code of Federal Regulations (CFR) Part 75, no later than January 1, 1995, for units firing coal, and no later than July 1, 1995, for units firing natural gas or oil; and

(ii) for equipment and software not required under 40 CFR Part 75, no later than November 15, 1999;

(B) install all nitrogen oxides (NO_X ) abatement equipment and implement all NO_X control techniques no later than November 15, 1999;

(C) submit to the executive director:

(i) for units operating without CEMS or PEMS, the results of applicable tests for initial demonstration of compliance as specified in §117.1235 of this title (relating to Initial Demonstration of Compliance); by April 1, 1994, or as early as practicable, but in no case later than November 15, 1999;

(ii) for units operating with CEMS or PEMS in accordance with §117.1240 of this title, the results of:

(I) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.1240 of this title; and

(II) the applicable tests for the initial demonstration of compliance as specified in §117.1235 of this title;

(III) no later than:

(-a-) November 15, 1999, for units complying with the NO_X emission specification on an hourly average; and

(-b-) January 15, 2000, for units complying with the NO_X emission specification on a rolling 30-day average;

(D) conduct applicable tests for initial demonstration of compliance with the NO_X emission specification for fuel oil firing, in accordance with §117.1235(d)(2) of this title, and submit test results within 60 days after completion of such testing; and

(E) submit a final control plan for compliance in accordance with §117.1252 of this title (relating to Final Control Plan Procedures for Reasonably Available Control Technology), no later than November 15, 1999.

(2) Emission specifications for attainment demonstration.

(A) The owner or operator of a unit subject to §117.1210(a) of this title (relating to Emission Specifications for Attainment Demonstration) shall comply with the requirements of §117.1240 of this title as soon as practicable, but no later than:

(i) March 31, 2005, install any totalizing fuel flow meters and emissions monitors required by §117.1240 of this title, except that if flue gas cleanup (for example, controls that use a chemical reagent for reduction of NO_X ) is installed on a unit before March 31, 2005, then the emissions monitors required by §117.1240 of this title must be installed and operated at the time of startup following the installation of flue gas cleanup on that unit. However, an owner or operator may choose to demonstrate compliance with the ammonia monitoring requirements through annual ammonia stack testing until March 31, 2005; and

(ii) 60 days after startup of a unit following installation of emissions controls, submit to the executive director the results of:

(I) stack tests conducted in accordance with §117.1235 of this title; or, as applicable,

(II) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.1240 of this title.

(B) The owner or operator shall:

(i) no later than June 30, 2001, submit to the executive director the certification of level of activity, H_i , specified in §117.1220 of this title (relating to System Cap) for electric generating facilities (EGFs) in operation as of January 1, 1997;

(ii) no later than 60 days after the second consecutive third quarter of actual level of activity level data are available, submit to the executive director the certification of activity level, H _i , specified in §117.1220 of this title for EGFs not in operation prior to January 1, 1997; and

(iii) comply with the requirements of §117.1220 of this title as soon as practicable, but no later than:

(I) March 31, 2003, demonstrate that at least 50% of the NO_X emission reductions have been accomplished, as measured by the difference between the highest 30-day average emissions measured in the 1997 - 1999 period and the system cap limit of §117.1220 of this title; and

(II) March 31, 2004, submit the information specified in §117.1254 of this title (relating to Final Control Plan Procedures for Attainment Demonstration Emission Specifications);

(III) March 31, 2004, demonstrate compliance with the system cap limit of §117.1220 of this title.

(C) For any unit subject to §117.1210(a) of this title that stack testing or a CEMS or PEMS performance evaluation and quality assurance has not been conducted under subparagraph (A)(ii) of this paragraph, the owner or operator shall submit to the executive director as soon as practicable, but no later than March 31, 2007, the results of:

(i) stack tests conducted in accordance with §117.1235 of this title; or, as applicable,

(ii) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.1240 of this title.

(D) The owner or operator shall comply with the emission reduction requirements of Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) as soon as practicable, but no later than the appropriate dates specified in that program.

Source Note: The provisions of this §117.9120 adopted to be effective June 14, 2007, 32 TexReg 3206