Ala. Admin. Code r. 335-3-8-.04

Current through Register Vol. 42, No. 12, September 30, 2024

Section 335-3-8-.04 - NOx Emission Standards For Stationary Reciprocating Internal Combustion Engines

(1) Applicability. The requirements of this Rule apply to any person that owns or operates a facility at which one or more large affected engines were located during the baseline period.

(2) Definitions. For the purpose of this Rule, the following definitions apply:

(a) "Affected engine" means an engine that was operated within the fine grid during the baseline period and was included in the NOX SIP Call Inventory.

(b) "Control period" means the period beginning May 1 of a year and ending on September 30 of the same year, inclusive, beginning in 2007.

(c) "Fine grid portion of the State" or "fine grid" means the geographic area that includes the Counties of Autauga, Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, Dallas, De Kalb, Elmore, Etowah, Fayette, Franklin, Greene, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Macon, Madison, Marion, Marshall, Morgan, Perry, Pickens, Randolph, Russell, St. Clair, Shelby, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston, located within the State of Alabama.

(d) "Large affected engine" means any affected engine whose average daily NOX emission rate was greater than one ton per day during the baseline period.

(e) "NOX potential to emit" means the maximum capacity of an engine to emit NOX under its physical and operational design or applicable permit condition for a given period of time. Any physical limitation on the capacity of a source's potential to emit an air pollutant, including air pollution control equipment or combustion modification, shall be treated as part of its design if the limitation is enforceable by the Director.

(f) "NOX SIP Call baseline period" or "baseline period" means the period beginning May 1, 1995, and ending on September 30, 1995, inclusive.

(g) "NOX SIP Call baseline period utilization" or "baseline utilization" means the amount of work performed by an affected engine during the baseline period in brake horsepower-hours (bhp-hr).

(h) "NOX SIP Call Inventory" means the NOX emission inventory published March 2, 2000 at 65 FR 11222 and amended April 21, 2004 at 69 FR 21603.

(i) "Projected 2007 Ozone Season Base NOX Emissions" or "projected 2007 emissions" means, for an affected engine, the projected uncontrolled NOX emissions (in tons) for the 2007 ozone season as published in the NOX SIP Call Inventory and denoted as the variable labeled 'SNOX07'. For an affected engine that is not a large affected engine to which a control device is added or a combustion modification is made after September 30, 1995, if the Director approves a demonstration made by the person subject to this Rule that the Projected 2007 Ozone Season Base NOX Emissions published in the NOX SIP Call Inventory for that affected engine was not calculated from the correct 1995 ozone season emissions, the Projected 2007 Ozone Season Base NOX Emissions for that affected engine will be the product of its uncontrolled 1995 NOX hourly emission rate (lb/hr), the number of hours it operated during the 1995 ozone season, and the 1995-2007 growth factor assigned to that affected engine in the NOX SIP Call Inventory denoted as the variable labeled 'GF9507.' The demonstration should provide representative emission test data or manufacturer's emission data for the affected engine applicable during the 1995 ozone season and records documenting its hours of operation during the 1995 ozone season.

(j) "Projected 2007 Ozone Season utilization" or "projected utilization" means the baseline utilization of an affected engine multiplied by the 1995-2007 growth factor assigned to that affected engine in the NOX SIP Call Inventory denoted as the variable labeled 'GF9507.'

(k) "Ozone season" means the period beginning May 1 of a year and ending on September 30 of the same year, inclusive.

(l) "Stationary reciprocating internal combustion engine" or "engine" means any reciprocating internal combustion engine which uses reciprocating motion to convert heat energy into mechanical work and which is not self-propelled or intended to be propelled while performing its function.

(3) NOX Emission Standards.

(a) Any person subject to this Rule shall reduce NOX emissions from one or more affected engines within the fine grid during each control period by an amount not less than 82% of the 2007 Ozone Season Base NOX Emissions (rounded to the nearest whole ton) of the large affected engines currently or formerly located at a facility that is under their control or ownership.

(b) For the purposes of the compliance plan required by paragraph (4), NOX emission reductions shall be calculated according to the following criteria:

1. For an affected engine to which a control device is added or a combustion modification is made after September 30, 1995, the NOX emission reductions shall be equal to the difference (in tons) in the affected engine's projected 2007 emissions and the affected engine's NOX potential to emit at the controlled emission rate during a control period.

2. For an affected engine that is removed from service after September 30, 1995, and the facility's operating capacity equivalent to the removed affected engine's projected utilization is replaced, in part or in total, during a control period by a NOX emitting device installed after September 30, 1995, the NOX emission reductions shall be the difference (in tons) in the removed affected engine's projected 2007 emissions and the replacement device's NOX potential to emit during a control period for the operating capacity (in brake horsepower-hours) equivalent to the portion of the removed affected engine's projected utilization that it will replace, not to exceed 100%.

3. For an affected engine that is removed from service after September 30, 1995, and the facility's operating capacity (in brake horsepower-hours) equivalent to the removed affected engine's projected utilization is replaced, in part or in total, during a control period by a device that does not emit NOX installed after September 30, 1995, the NOX emission reductions shall be the removed affected engine's projected 2007 emissions except where a NOX emitting device is installed at the removed affected engine's facility after the date that the device that does not emit NOX was installed.

4. For an affected engine that is removed from service after September 30, 1995, and the facility's operating capacity (in brake horsepower-hours) equivalent to the removed affected engine's projected utilization is replaced, in part or in total, during a control period by a device that does not emit NOX and a NOX emitting device is installed at the removed affected engine's facility after the date that the device that does not emit NOX was installed, the NOX emission reductions shall be the difference (in tons) in the removed affected engine's projected 2007 emissions and the NOX emitting device's NOX potential to emit during a control period for its operating capacity (in brake horsepower-hours) equivalent to the removed affected engine's projected utilization it will replace, not to exceed 100%.

(c) The following shall not be considered NOX emission reductions for the purposes of complying with this Rule:

1. A restriction on an affected engine's hours of operation during a control period, including a prohibition from operating;

2. A NOX emission limitation enforceable by the Director placed upon an affected engine to which no control device was added or combustion modification was made after September 30, 1995; or

3. The removal of an affected engine from service if that affected engine is placed into service at another location within the fine grid.

4. NOX emission reductions achieved at a facility that is not owned or operated by the person who is responsible for demonstrating compliance with this Rule.

(d) Demonstrability and Enforceability of NOX Emission Reductions.

1. NOX emission reductions calculated in accordance with subparagraph (3)(b)1., (3)(b)2., or (3)(b)4. shall be demonstrable and enforceable if:

(i) An hourly NOX emission limitation (in pounds per hour, "lb/hr") is incorporated into a permit enforceable by the Director for the affected engine or replacement device that is to be operated during a control period (the hourly NOX emission limitation shall be equal to the hourly emission rate used to calculate the NOX potential to emit for the affected engine or replacement device in the source's compliance plan), and

(ii) A performance test conducted in accordance with paragraph (5) determines that the affected engine or replacement device is capable of complying with the hourly NOX emission limitation.

2. For any affected engine removed from service, NOX emission reductions calculated in accordance with subparagraphs (3)(b)2. through (3)(b)4. shall be demonstrable and enforceable if the applicable permit has been modified or voided, whichever is applicable, such that the affected engine's authorization to operate ceases on or before the first day of the control period for which NOX emission reductions would be credited for its removal.

(e) NOX emission reductions achieved to comply with this Rule shall not be considered creditable for compliance with any other applicable requirement and shall not be considered a contemporaneous emission decrease for the purposes of netting or offsets under ADEM Admin. Code R. 335-3-14-.04 or .05.

(4) Compliance Plan.

(a) Any person subject to this Rule shall submit a complete compliance plan to the Director no later than May 1, 2006.

(b) Contents. The compliance plan shall contain the following:

1. Name and address of person subject to this Rule, including the name and telephone number of the person responsible for demonstrating compliance with the submitted compliance plan.

2. Identification of the large affected engines for which the person is subject to this Rule to include:

(i) Facility name and location;

(ii) Engine manufacturer, model, and maximum design capacity (brake horsepower);

(iii) NOX SIP Call Inventory source identification number ('POINTID'); and

(iv) 2007 Ozone Season Base NOX Emissions.

3. Calculation of the NOX emission reductions required by subparagraph (3)(a).

4. Identification of the affected engines from which NOX emission reductions will be achieved to include:

(i) Facility name and location;

(ii) Engine manufacturer, model, and maximum design capacity (brake horsepower);

(iii) NOX SIP Call Inventory source identification number ('POINTID'); and

(iv) 2007 Ozone Season Base NOX Emissions.

5. A narrative to describe the manner in which the NOX emission reductions will be achieved;

6. A numerical demonstration of the NOX emission reductions to be achieved that identifies the following for each affected engine or replacement device during a control period:

(i) Maximum hourly emission rate, in lb/hr;

(ii) Maximum design capacity, in brake horsepower;

(iii) NOX potential to emit (based upon 3,672 hours during a control period) for the affected engine or replacement device;

(iv) The baseline utilization of the affected engine that will be removed, if applicable; and

(v) For a replacement device that emits NOX, the maximum operating capacity (in brake horsepower-hours) during a control period.

(c) Modifications.

1. Any person subject to this Rule shall submit a request to modify the approved compliance plan if:

(i) An affected engine removed from service for which NOX emission reductions are relied upon for compliance with this Rule will be reinstalled and operated within the fine grid during a control period;

(ii) The operating capacity equivalent to a removed affected engine's projected utilization at the location at which the affected engine was located during the baseline period will be replaced, in part or in total, by the installation of another device that is not included in the approved compliance plan; or

(iii) The actual hourly NOX emission rate of an affected engine or replacement device in the approved compliance plan is determined to exceed the applicable hourly NOX emission limitation, except where it has been determined that maintenance or repair of the affected engine or replacement device has reduced the actual hourly NOX emission rate below the applicable hourly NOX emission limitation.

2. A request to modify a compliance plan shall be submitted at least 60 days prior to the control period in which the modification would be applicable, unless another time period is specifically approved by the Director.

(d) Completeness Determination. Within 60 days of receipt of a compliance plan or a request to modify a compliance plan, the Director shall notify the person in writing of the completeness of the submitted plan.

(e) Approval. A compliance plan shall be considered approvable if:

1. All permits required by subparagraph (3)(d) have been modified, issued, or voided, as applicable;

2. All performance tests required by paragraph (5) have been conducted, reviewed, and accepted; and

3. The plan establishes that demonstrable and enforceable NOX emission reductions required by subparagraph (3)(a) would be achieved.

(5) Performance Testing.

(a) Any person subject to this Rule which relies upon NOX emission reductions achieved from an affected engine in accordance with subparagraph (3)(b)1. or a replacement device in accordance with subparagraph (3)(b)2. or (3)(b)4. to comply with this Rule shall conduct a performance test in accordance with EPA Reference Method 7E or 20, as appropriate, found at Appendix A of 40 CFR 60 on the affected engine or replacement device to determine the actual hourly NOX emission rate, in lb/hr.

(b) The performance test shall be conducted at least 60 days, but not more than one year, prior to the first control period for which NOX emission reductions are to be achieved by that affected engine or replacement device, unless another period of time is specifically approved by the Director.

(c) At least 30 days prior to conducting the test, the person subject to this Rule shall submit written notification of testing to the Director. To avoid problems concerning testing methods and procedures, the following shall be included with the notification letter:

1. The date the test crew is expected to arrive, the date and time anticipated of the start of the first run, and the names of the persons and/or testing company that will conduct the tests.

2. A complete description of each sampling train to be used, including type of media used in determining gas stream components, type of probe lining, type of filter media, and probe cleaning method and solvent to be used (if test procedure requires probe cleaning).

3. A sketch or sketches showing sampling point locations and their relative positions to the nearest upstream and downstream gas flow disturbances.

(6) Emission Monitoring. For any affected engine or NOX emitting replacement device that operates during a control period from which demonstrable and enforceable NOX emission reductions are to be achieved, the person subject to this Rule shall conduct emission monitoring in accordance with one of the following:

(a) Conduct emission testing on that affected engine or NOX emitting replacement device at least once during each control period, or at least once during the six-month period preceding the first day of the control period. Emission testing shall be conducted in accordance with EPA Reference Method 7E or 20, as appropriate, found at Appendix A of 40 CFR 60 or an alternative EPA-approved method approved by the Director. Notification of emission testing shall be made in accordance with the requirements of subparagraph (5)(c);

(b) Install and operate during each control period a continuous emission monitoring system that complies with Part 60 or Part 75 of the Code of Federal Regulations; or

(c) Implement a parametric emission monitoring system based upon actual emission testing and correlations with operating parameters. The installation, implementation, and use of any parametric emission monitoring system must be approved by the Director in writing prior to implementation.

(7) Recordkeeping and Reporting.

(a) The person subject to this Rule shall maintain records of the following for each affected engine or replacement device from which demonstrable and enforceable NOX emission reductions are to be achieved during each control period:

1. Identification and location of each affected engine or replacement device;

2. Calendar date of record;

3. Number of hours operated during the control period;

4. Type and quantity of fuel used during the control period

5. Date and results of each emissions-related inspection and a summary of any emissions-related corrective maintenance, if taken;

6. The results of all emission tests; and

7. Additional information described in any compliance plan pursuant to paragraph (4) or parametric emission monitoring system approved pursuant to subparagraph (6)(c).

(b) Records required by subparagraph (a) above shall be maintained at the facility at which the affected engine or replacement device is located for a period of five (5) calendar years from the date of generation of each record. The records shall be made available for inspection upon request.

(c) The person subject to this Rule shall submit a report of the results of each emission test conducted in accordance with paragraph (5) or subparagraph (6)(a) to the Director within 30 days of the completion of the actual test, unless an extension of time is specifically approved by the Director.

Author: Ronald W. Gore

Ala. Admin. Code r. 335-3-8-.04

New Rule: Filed February 15, 2005; effective March 22, 2005.

Statutory Authority:Code of Ala. 1975, §§ 22-28-10, 22-28-11, 22-28-14, 22-28-16, 22-28-18, 22-28-20, 22-28-22, 22-22A-5, 22-22A-6, and 22-22A-8.