N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 227-2.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 227-2.5 - Compliance options

With the exception of the compliance options described in subdivision (c) of this section, the compliance options established below do not involve case-by-case RACT determinations with the need to individually select an appropriate technology and/or alternative emission limit. As such, this option provides flexibility to any owner or operator of a major facility of NO_x to meet the control requirements of section 227-2.4 of this Subpart but is not of the type that require the additional approval of the administrator as a separate SIP revision.

(a)Fuel switching option.

The owner or operator of an emission source subject to this Subpart may commit to burning a cleaner fuel, between May 1st and September 30th of each year. Fuel switching must result in quantifiable annual NO_x emissions equal to or less than the NO_x emissions expected if the emission source complied with the applicable presumptive RACT emission limits set forth in section 227-2.4 of this Subpart.

(b)System averaging plan.

The owner or operator of an emission source subject to this Subpart may apply to have the emission source included in a system averaging plan. Every system averaging plan must have the following characteristics:

(1) The system averaging plan must employ a weighted average permissible emission rate.

(2) Averaging of emissions from sources within the severe ozone nonattainment area with those outside the severe ozone nonattainment area is not allowed.

(3) In the event of a forced outage, the weighted average permissible emission rate must be adjusted to account for the emission source or major electrical inter-tie (345 kV or greater) not in operation as a result of the forced outage. The adjusted emission rate will be deemed in compliance for the period of the forced outage. In the event of a forced outage, the facility owner or operator must, within 30 days thereafter, submit a written report to the department which describes why the outage was unavoidable and includes the following:

(i) a contemporaneous operating log signed by the responsible official identifying the location of the emission source which was subject to the forced outage and the cause of such outage;

(ii) a demonstration that the emission source was being properly operated at the time the outage occurred;

(iii) a demonstration that, during the outage, the facility owner or operator took all reasonable steps to minimize emissions from the operating emission sources included in the system averaging plan, or other requirements of the permit; and

(iv) a proposed repair or replacement schedule for the subject emission source or a proposed revised system averaging plan.

(4) Every owner or operator of an emission source participating in the system averaging plan is liable for any and all violations of the provisions of this Subpart by any owner or operator of any emission source participating in the system averaging plan.

(c) For those emission sources where the owner or operator demonstrates the applicable presumptive RACT emission limit in section 227-2.4 of this Subpart is not economically or technically feasible or which must submit a case-by-case RACT analysis as required in Section 227-2.4 of this Subpart, the owner or operator must submit to the department the following analysis (which at a minimum includes an evaluation of the use of fuel switching the use of a system averaging plan):

(1) the available NO_x control technologies, the projected effectiveness of the technologies considered, and the costs for installation and operation for each of the technologies; and

(2) the technology and the appropriate emission limit selected as RACT considering the costs for installation and operation of the technology.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 227-2.5

Amended New York State Register November 27, 2019/Volume XLI, Issue 48, eff. 12/7/2019