Section 117.310 - Emission Specifications for Attainment Demonstration(a) Emission specifications for the Mass Emission Cap and Trade Program. The nitrogen oxides (NOX) emission rate values used to determine allocations for Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) must be the lower of any applicable permit limit in a permit issued before January 2, 2001; any permit issued on or after January 2, 2001, that the owner or operator submitted an application determined to be administratively complete by the executive director before January 2, 2001; any limit in a permit by rule under which construction commenced by January 2, 2001; or the following emission specifications: (1) gas-fired boilers: (A) with a maximum rated capacity equal to or greater than 100 million British thermal units per hour (MMBtu/hr), 0.020 pounds per million British thermal units (lb/MMBtu);(B) with a maximum rated capacity equal to or greater than 40 MMBtu/hr, but less than 100 MMBtu/hr, 0.030 lb/MMBtu; and(C) with a maximum rated capacity less than 40 MMBtu/hr, 0.036 lb/MMBtu (or alternatively, 30 parts per million by volume (ppmv) NOX, at 3.0% oxygen (O2), dry basis);(2) fluid catalytic cracking units (including carbon monoxide (CO) boilers, CO furnaces, and catalyst regenerator vents), one of the following:(A) 40 ppmv NOX at 0.0% O2, dry basis;(B) a 90% NOX reduction of the exhaust concentration used to calculate the June - August 1997 daily NOX emissions. To ensure that this emission specification will result in a real 90% reduction in actual emissions, a consistent methodology must be used to calculate the 90% reduction; or(C) alternatively, for units that did not use a continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) to determine the June - August 1997 exhaust concentration, the owner or operator may: (i) install and certify a NOX CEMS or PEMS as specified in § 117.340(f) or (g) of this title (relating to Continuous Demonstration of Compliance) no later than June 30, 2001;(ii) establish the baseline NOX emission level to be the third quarter 2001 data from the CEMS or PEMS;(iii) provide this baseline data to the executive director no later than October 31, 2001; and(iv) achieve a 90% NOX reduction of the exhaust concentration established in this baseline;(3) boilers and industrial furnaces (BIF units) that were regulated as existing facilities in 40 Code of Federal Regulations (CFR) Part 266, Subpart H (as was in effect on June 9, 1993): (A) with a maximum rated capacity equal to or greater than 100 MMBtu/hr, 0.015 lb/MMBtu; and(B) with a maximum rated capacity less than 100 MMBtu/hr:(ii) an 80% reduction from the emission factor used to calculate the June - August 1997 daily NOX emissions. To ensure that this emission specification will result in a real 80% reduction in actual emissions, a consistent methodology must be used to calculate the 80% reduction;(4) coke-fired boilers, 0.057 lb/MMBtu;(5) wood fuel-fired boilers, 0.060 lb/MMBtu;(6) rice hull-fired boilers, 0.089 lb/MMBtu;(7) liquid-fired boilers, 2.0 pounds per 1,000 gallons of liquid burned;(8) process heaters:(A) other than pyrolysis reactors:(i) with a maximum rated capacity equal to or greater than 40 MMBtu/hr, 0.025 lb/MMBtu; and(ii) with a maximum rated capacity less 40 MMBtu/hr, 0.036 lb/MMBtu (or alternatively, 30 ppmv NOX, at 3.0% O2, dry basis); and(B) pyrolysis reactors, 0.036 lb/MMBtu;(9) stationary, reciprocating internal combustion engines: (A) gas-fired rich-burn engines: (i) fired on landfill gas, 0.60 grams per horsepower-hour (g/hp-hr); and(ii) all others, 0.50 g/hp-hr;(B) gas-fired lean-burn engines, except as specified in subparagraph (C) of this paragraph: (i) fired on landfill gas, 0.60 g/hp-hr; and(ii) all others, 0.50 g/hp-hr;(C) dual-fuel engines:(i) with initial start of operation on or before December 31, 2000, 5.83 g/hp-hr; and(ii) with initial start of operation after December 31, 2000, 0.50 g/hp-hr; and(D) diesel engines, excluding dual-fuel engines, placed into service before October 1, 2001, that have not been modified, reconstructed, or relocated on or after October 1, 2001, the lower of 11.0 g/hp-hr or the emission rate established by testing, monitoring, manufacturer's guarantee, or manufacturer's other data. For the purposes of this subparagraph, the terms "modification" and "reconstruction" have the meanings defined in § 116.10 of this title (relating to General Definitions) and 40 CFR §60.15 (December 16, 1975), respectively, and the term "relocated" means to newly install at an account, as defined in § 101.1 of this title (relating to Definitions), a used engine from anywhere outside that account; and(E) for diesel engines, excluding dual-fuel engines, not subject to subparagraph (D) of this paragraph: (i) with a horsepower rating of less than 11 horsepower (hp) that are installed, modified, reconstructed, or relocated: (I) on or after October 1, 2001, but before October 1, 2004, 7.0 g/hp-hr; and(II) on or after October 1, 2004, 5.0 g/hp-hr;(ii) with a horsepower rating of 11 hp or greater, but less than 25 hp, that are installed, modified, reconstructed, or relocated:(I) on or after October 1, 2001, but before October 1, 2004, 6.3 g/hp-hr; and(II) on or after October 1, 2004, 5.0 g/hp-hr;(iii) with a horsepower rating of 25 hp or greater, but less than 50 hp, that are installed, modified, reconstructed, or relocated: (I) on or after October 1, 2001, but before October 1, 2003, 6.3 g/hp-hr; and(II) on or after October 1, 2003, 5.0 g/hp-hr;(iv) with a horsepower rating of 50 hp or greater, but less than 100 hp, that are installed, modified, reconstructed, or relocated: (I) on or after October 1, 2001, but before October 1, 2003, 6.9 g/hp-hr;(II) on or after October 1, 2003, but before October 1, 2007, 5.0 g/hp-hr; and(III) on or after October 1, 2007, 3.3 g/hp-hr;(v) with a horsepower rating of 100 hp or greater, but less than 175 hp, that are installed, modified, reconstructed, or relocated: (I) on or after October 1, 2001, but before October 1, 2002, 6.9 g/hp-hr;(II) on or after October 1, 2002, but before October 1, 2006, 4.5 g/hp-hr; and(III) on or after October 1, 2006, 2.8 g/hp-hr;(vi) with a horsepower rating of 175 hp or greater, but less than 300 hp, that are installed, modified, reconstructed, or relocated: (I) on or after October 1, 2001, but before October 1, 2002, 6.9 g/hp-hr;(II) on or after October 1, 2002, but before October 1, 2005, 4.5 g/hp-hr; and(III) on or after October 1, 2005, 2.8 g/hp-hr;(vii) with a horsepower rating of 300 hp or greater, but less than 600 hp, that are installed, modified, reconstructed, or relocated: (I) on or after October 1, 2001, but before October 1, 2005, 4.5 g/hp-hr; and(II) on or after October 1, 2005, 2.8 g/hp-hr;(viii) with a horsepower rating of 600 hp or greater, but less than or equal to 750 hp, that are installed, modified, reconstructed, or relocated: (I) on or after October 1, 2001, but before October 1, 2005, 4.5 g/hp-hr; and(II) on or after October 1, 2005, 2.8 g/hp-hr; and(ix) with a horsepower rating of 750 hp or greater that are installed, modified, reconstructed, or relocated:(I) on or after October 1, 2001, but before October 1, 2005, 6.9 g/hp-hr; and(II) on or after October 1, 2005, 4.5 g/hp-hr;(10) stationary gas turbines: (A) rated at 10.0 megawatts (MW) or greater, 0.032 lb/MMBtu;(B) rated at 1.0 MW or greater, but less than 10.0 MW, 0.15 lb/MMBtu; and(C) rated at less than 1.0 MW, 0.26 lb/MMBtu;(11) duct burners used in turbine exhaust ducts, the corresponding gas turbine emission specification of paragraph (10) of this subsection;(12) pulping liquor recovery furnaces, either:(B) 1.08 pounds per air-dried ton of pulp;(13) kilns: (A) lime kilns, 0.66 pounds per ton of calcium oxide; and(B) lightweight aggregate kilns, 1.25 pounds per ton of product;(14) metallurgical furnaces: (A) heat treating furnaces, 0.087 lb/MMBtu; and(B) reheat furnaces, 0.062 lb/MMBtu;(15) magnesium chloride fluidized bed dryers, a 90% reduction from the emission factor used to calculate the 1997 ozone season daily NOX emissions;(16) incinerators, either of the following:(A) an 80% reduction from the emission factor used to calculate the June - August 1997 daily NOX emissions. To ensure that this emission specification will result in a real 80% reduction in actual emissions, a consistent methodology must be used to calculate the 80% reduction; or(17) as an alternative to the emission specifications in paragraphs (1) - (16) of this subsection for units with an annual capacity factor of 0.0383 or less, 0.060 lb/MMBtu. For units placed into service on or before January 1, 1997, the 1997 - 1999 average annual capacity factor must be used to determine whether the unit is eligible for the emission specification of this paragraph. For units placed into service after January 1, 1997, the annual capacity factor must be calculated from two consecutive years in the first five years of operation to determine whether the unit is eligible for the emission specification of this paragraph, using the same two consecutive years chosen for the activity level baseline. The five-year period begins at the end of the adjustment period as defined in § 101.350 of this title (relating to Definitions).(b) NOX averaging time. The averaging time for the emission specifications of subsection (a) of this section must be as specified in Chapter 101, Subchapter H, Division 3 of this title, except that electric generating facilities (EGFs) must also comply with the daily and 30-day system cap emission limitations of § 117.320 of this title (relating to System Cap).(c) Related emissions. No person shall allow the discharge into the atmosphere from any unit subject to subsection (a) of this section, emissions in excess of the following, except as provided in § 117.325 of this title (relating to Alternative Case Specific Specifications) or paragraph (3) or (4) of this subsection.(1) CO emissions must not exceed 400 ppmv at 3.0% O 2, dry basis (or alternatively, 3.0 g/hp-hr for stationary internal combustion engines; or 775 ppmv at 7.0% O2, dry basis for wood fuel-fired boilers or process heaters):(A) on a rolling 24-hour averaging period, for units equipped with CEMS or PEMS for CO; and(B) on a one-hour average, for units not equipped with CEMS or PEMS for CO.(2) For units that inject urea or ammonia into the exhaust stream for NOX control, ammonia emissions must not exceed 10 ppmv at 3.0% O2, dry, for boilers and process heaters; 15% O2, dry, for stationary gas turbines (including duct burners used in turbine exhaust ducts), gas-fired lean-burn engines, and lightweight aggregate kilns; 0.0% O 2, dry, for fluid catalytic cracking units (including CO boilers, CO furnaces, and catalyst regenerator vents); 7.0% O2, dry, for BIF units that were regulated as existing facilities in 40 CFR Part 266, Subpart H (as was in effect on June 9, 1993), wood-fired boilers, and incinerators; and 3.0% O2, dry, for all other units, based on:(A) a block one-hour averaging period for units not equipped with a CEMS or PEMS for ammonia; or(B) a rolling 24-hour averaging period for units equipped with CEMS or PEMS for ammonia.(3) The correction of CO emissions to 3.0% O 2, dry basis, in paragraph (1) of this subsection does not apply to the following units: (A) lightweight aggregate kilns; and(B) boilers and process heaters operating at less than 10% of maximum load and with stack O2 in excess of 15% (i.e., hot-standby mode).(4) The CO limits in paragraph (1) of this subsection do not apply to the following units: (A) BIF units that were regulated as existing facilities in 40 CFR Part 266, Subpart H (as was in effect on June 9, 1993) and that are subject to subsection (a)(3) of this section; and(B) incinerators subject to the CO limits of one of the following:(i) § 111.121 of this title (relating to Single-, Dual-, and Multiple-Chamber Incinerators);(ii) § 113.2072 of this title (relating to Emission Limits) for hospital/medical/infectious waste incinerators; or(iii) 40 CFR Part 264 or 265, Subpart O, for hazardous waste incinerators.(d) Compliance flexibility. (1) Section 117.325 of this title is not an applicable method of compliance with the NOX emission specifications of this section.(2) An owner or operator may petition the executive director for an alternative to the CO or ammonia specifications of this section in accordance with § 117.325 of this title.(3) An owner or operator may not use the alternative methods specified in §§ 117.315, 117.323, and 117.9800 of this title (relating to Alternative Plant-Wide Emission Specifications; Source Cap; and Use of Emission Credits for Compliance) to comply with the NO X emission specifications of this section. The owner or operator shall use the mass emissions cap and trade program in Chapter 101, Subchapter H, Division 3 of this title to comply with the NOX emission specifications of this section, except that electric generating facilities must also comply with the daily and 30-day system cap emission limitations of § 117.320 of this title. An owner or operator may use the alternative methods specified in § 117.9800 of this title for purposes of complying with § 117.320 of this title.(e) Prohibition of circumvention: (1) the maximum rated capacity used to determine the applicability of the emission specifications in subsection (a) of this section and the initial control plan, compliance demonstration, monitoring, testing requirements, and final control plan in §§ 117.335, 117.340, 117.350, and 117.354 of this title (relating to Initial Demonstration of Compliance; Continuous Demonstration of Compliance; Initial Control Plan Procedures; and Final Control Plan Procedures for Attainment Demonstration Emission Specifications) must be: (A) the greater of the following: (i) the maximum rated capacity as of December 31, 2000; or(ii) the maximum rated capacity after December 31, 2000; or(B) alternatively, the maximum rated capacity authorized by a permit issued under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) on or after January 2, 2001, that the owner or operator submitted an application determined to be administratively complete by the executive director before January 2, 2001, provided that the maximum rated capacity authorized by the permit issued on or after January 2, 2001, is no less than the maximum rated capacity represented in the permit application as of January 2, 2001;(2) a unit's classification is determined by the most specific classification applicable to the unit as of December 31, 2000. For example, a unit that is classified as a boiler as of December 31, 2000, but subsequently is authorized to operate as a BIF unit, is classified as a boiler for the purposes of this chapter. In another example, a unit that is classified as a stationary gas-fired engine as of December 31, 2000, but subsequently is authorized to operate as a dual-fuel engine, is classified as a stationary gas-fired engine for the purposes of this chapter;(3) changes after December 31, 2000, to a unit subject to subsection (a) of this section (ESAD unit) that result in increased NO X emissions from a unit not subject to subsection (a) of this section (non-ESAD unit), 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, is only allowed if:(A) the increase in NOX emissions at the non-ESAD unit is determined using a CEMS or PEMS that meets the requirements of § 117.340(f) or (g) of this title, or through stack testing that meets the requirements of § 117.335(e) of this title; and(B) a deduction in allowances equal to the increase in NOX emissions at the non-ESAD unit is made as specified in § 101.354 of this title (relating to Allowance Deductions);(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 at any time after December 31, 2000, becomes a major source, is from that time forward always classified as a major source for purposes of this chapter; and(5) the availability under subsection (a)(17) 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 on December 31, 2000. Reduced operation after December 31, 2000, cannot be used to qualify for a more lenient emission specification under subsection (a)(17) of this section than would otherwise apply to the unit.(f) Operating restrictions. No person shall start or operate any stationary diesel or dual-fuel engine for testing or maintenance 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 in the months of April through October.30 Tex. Admin. Code § 117.310
The provisions of this §117.310 adopted to be effective June 14, 2007, 32 TexReg 3206