Current through Register Vol. XLI, No. 49, December 6, 2024
Section 45-40-9 - Ozone season NO[X] reduction requirements for stationary internal combustion engines9.1. Ozone season NOX reduction. -- Effective May 1, 2009, the following owners or operators must reduce ozone season NOX emissions by an amount equal to or greater than the applicable ozone season NOX reduction listed in the table below. The applicable ozone season NOX reduction is binding on the listed owners or operators, their successors and assigns: Company | Ozone Season NOX Reduction |
Dominion | 668 tons |
Columbia Gas Transmission | 235 tons |
Total | 903 tons |
9.2. Compliance plan. -- Effective May 1, 2009, an owner or operator of a large stationary internal combustion engine under subsection 4.2 must not operate such engine in the period May 1 through September 30 of 2009 and any subsequent year unless the owner or operator demonstrates the applicable ozone season NOX reduction under subsection 9.1 through the requirements of an approved compliance plan. The compliance plan shall meet the following provisions:9.2.c. The compliance plan must demonstrate quantifiable and enforceable NOX emission reductions equal to or greater than the applicable ozone season NOX reduction set forth in subsection 9.1, taking into account any creditable reduction in NOX emissions under subdivisions 9.2.e, 9.2.f, 9.2.g, 9.2.h or 9.2.i;9.2.d. The compliance plan may include and affect some or all stationary internal combustion engines or other significant NOX emitting equipment at an individual facility, at several facilities, or at all facilities in West Virginia that are controlled by the same owner or operator;9.2.e. The compliance plan may include credit for reductions in NOX emissions due to the installation and operation of NOX control equipment on large stationary internal combustion engines under subsection 9.1. The owner or operator will demonstrate to the satisfaction of the Secretary any creditable reductions in NOX emissions from the installation and operation of such NOX control equipment. The credit for reductions in NOX emissions must be quantified based on the difference between uncontrolled and controlled NOX emission rates, and ozone season operating hours;9.2.f. The compliance plan may include credit for reductions in NOX emissions due to the installation and operation of NOX control equipment on uncontrolled stationary internal combustion engines not under subsection 4.2. The owner or operator will demonstrate to the satisfaction of the Secretary any creditable reductions in NOX emissions from the installation and operation of such NOX control equipment. Creditable reductions must be limited to reductions achieved after 1995 and from controls that were not part of the NOX SIP Call engine inventory. The credit for reductions in NOX emissions must be quantified based on the difference between uncontrolled and controlled NOX emission rates, and ozone season operating hours;9.2.g. The compliance plan may include credit for reductions in NOX emissions due to replacement of any stationary internal combustion engines or other significant NOX emitting equipment. The owner or operator will demonstrate to the satisfaction of the Secretary that the historic ozone season load capacity of any stationary internal combustion engine or other significant NOX emitting equipment no longer in operation has been or would be replaced by one or more new stationary internal combustion engines, electric motors or turbines during each ozone season. The credit for reductions in NOX emissions must be quantified based on the replaced engine's or other significant NOX emitting equipment's ozone season NOX emission rate and ozone season operating hours, and the projected emission rate and ozone season operating hours of any new replacement stationary internal combustion engines, electric motors or turbines;9.2.h. The compliance plan may include credit for reductions in NOX emissions due to reductions from shifting historic load capacity from an uncontrolled engine to a controlled engine, electric motor or turbine. The owner or operator will demonstrate to the satisfaction of the Secretary that a quantifiable net reduction in NOX emissions has occurred or will occur due to a direct shift of ozone season load capacity from an uncontrolled engine to a controlled engine, electric motor or turbine. The credit for reductions in NOX emissions must be quantified based on the uncontrolled engine's historic ozone season load capacity, NOX emission rate (in g/bhp-hr), ozone season operating hours (in hr/ozone season), and the shifted ozone season load capacity, NOX emission rate (in g/bhp-hr) and ozone season operating hours (in hr/ozone season) of the controlled stationary internal combustion engine, electric motor or turbine;9.2.i. The compliance plan may include credit for reductions in NOX emissions due to the installation and operation of NOX controls on significant NOX emitting equipment other than stationary internal combustion engines. The owner or operator will demonstrate to the satisfaction of the Secretary any creditable reductions in NOX emissions from such NOX emitting equipment. Creditable reductions must be limited to reductions achieved after 1995 and from controls that were not part of the NOX SIP Call inventory. The credit for reductions in NOX emissions must be quantified based on the difference between NOX emission rates prior to installation of controls and controlled NOX emission rates, and ozone season operating hours;9.2.j. The compliance plan must include the following:9.2.j.1. A list of affected engines or affected NOX emitting equipment subject to the plan, including the manufacturer, model number, facility location and facility identification number;9.2.j.2. The projected ozone season hours of operation for each affected engine or affected NOX emitting equipment and supporting documentation;9.2.j.3. A description of the NOX emission controls installed, or to be installed, on each affected engine or affected NOX emitting equipment, date or proposed date of installation, and documentation to support the controlled NOX emission rates;9.2.j.4. The uncontrolled and controlled NOX emission rates in lb/hr and tons per ozone season for each affected engine or affected NOX emitting equipment, as applicable;9.2.j.5. A numerical demonstration that the sum of creditable NOX emission reductions (in tons) obtained from all affected engines or affected NOX emitting equipment included under a compliance plan will be equivalent to or greater than the owner or operator's applicable ozone season NOX reduction under subsection 9.1, taking into account any creditable reductions in NOX emissions under subdivisions 9.2.e, 9.2.f, 9.2.g, 9.2.h or 9.2.i; and9.2.j.6. Performance test protocol and provisions for periodic monitoring, reporting and recordkeeping for each affected engine or affected NOX emitting equipment.9.2.k. Any creditable reductions in NOX emissions under subdivisions 9.2.e, 9.2.f, 9.2.g, 9.2.h or 9.2.i must be quantifiable and enforceable through limitations included in a federally enforceable permit or compliance order; and9.2.l. Any owner or operator with an approved compliance plan under subsection 9.2 may amend the plan with the written approval of the Secretary. Any NOX emission rate or limitation included in such an amendment must be reflected in a federally enforceable permit or compliance order. The Secretary will either approve by order or disapprove in writing the amended compliance plan within 90 days of submission, and notify the Administrator of the compliance plan amendment approval upon issuance of order.9.3. Monitoring requirements. -- Any owner or operator of an affected engine or affected NOX emitting equipment subject to a compliance plan under subsection 9.2 must comply with the following monitoring requirements for each affected engine or affected NOX emitting equipment: 9.3.a. The owner or operator must complete an initial performance test consistent with the requirements of 40 CFR part 60, Appendix A and 45CS R16, following installation of NOX emission controls required to achieve the NOX emission rate limit specified in subdivision 9.2.k; and9.3.b. For the ozone season beginning in 2009, and each ozone season thereafter, the owner or operator will perform periodic monitoring sufficient to yield reliable data which demonstrate compliance with the limitations specified in subdivision 9.2.k. Such periodic monitoring must include:9.3.b.1. A continuous emission monitoring system that complies with 40 CFR part 75 or 40 CFR part 60 and 45CS R16 and the quality assurance procedures specified in 40 CFR part 60 , Appendix F_and 45CSR16; or9.3.b.2. Performance tests consistent with the requirements of 40 CFR part 60, Appendix A_and 45CSR16, or portable monitors using ASTM D6522-00; and 9.3.b.2.A. A parametric monitoring program that specifies operating parameters, and their ranges, that will provide reasonable assurance that each affected engine or affected NOX emitting equipment's emissions are consistent with the requirements of a compliance plan under subsection 9.2. Any such parametric monitoring program must be approved by the Secretary; or9.3.b.2.B. A predictive emissions measurement system that relies on automated data collection from instruments. Any such predictive emissions measurement system must be approved by the Secretary.9.4. Recordkeeping requirements. -- Any owner or operator of an affected engine or affected NOX emitting equipment subject to a compliance plan under subsection 9.2 must comply with the following recordkeeping requirements: 9.4.a. Maintain all records necessary to demonstrate compliance with the requirements of the compliance plan and subsection 9.4 for a period of five calendar years at the facility where an affected engine or affected NOX emitting equipment is located. Such records will be made available to the Secretary or Administrator upon request; and9.4.b. For each affected engine or affected NOX emitting equipment subject to a compliance plan under subsection 9.2, the owner or operator will maintain records of:9.4.b.1. Identification and location of each affected engine or affected NOX emitting equipment;9.4.b.2. Calendar date of record;9.4.b.3. The number of hours the affected engine or affected NOX emitting equipment is operated during each ozone season compared to projected operating hours;9.4.b.4. Type and quantity of fuel combusted; and9.4.b.5. The results of all compliance tests.9.5. Reporting requirements. -- Any owner or operator of an affected engine or affected NOX emitting equipment subject to a compliance plan under subsection 9.2 must:9.5.a. Notify the Secretary of any performance test under paragraph 9.3.b.2 at least 15 days in advance of such test;9.5.b. Submit results of all performance tests to the Secretary within 30 days of completion of such tests; and9.5.c. Submit a report which documents the total ozone season NOX emissions and certifies compliance with the compliance plan for each affected engine or affected NOX emitting equipment to the Secretary by October 31 of each year, beginning in 2009. The report must demonstrate and certify compliance with the applicable ozone season NOX reduction set forth in subsection 9.1.