Section 117.1220 - System Cap(a) An owner or operator of an electric generating facility (EGF) shall comply with a daily and 30-day system cap nitrogen oxides (NOX) emission limitation in accordance with the requirements of this section.(b) Each EGF within an electric power generating system, as defined in § 117.10 of this title (relating to Definitions), that is subject to § 117.1210(a) of this title (relating to Emission Specifications for Attainment Demonstration) must be included in the system cap.(c) The system cap must be calculated as follows.(1) A rolling 30-day average emission cap must be calculated using the following equation. Attached Graphic
(2) A maximum daily cap must be calculated using the following equation. Attached Graphic
(3) Each EGF in the system cap is subject to the emission limits of both paragraphs (1) and (2) of this subsection at all times.(d) The NOX emissions monitoring required by § 117.1240 of this title (relating to Continuous Demonstration of Compliance) for each EGF in the system cap must be used to demonstrate continuous compliance with the system cap.(e) For each operating EGF, the owner or operator shall use one of the following methods to provide substitute emissions compliance data during periods when the NOX monitor is off-line: (1) if the NOX monitor is a continuous emissions monitoring system (CEMS): (A) subject to 40 Code of Federal Regulations (CFR) Part 75, use the missing data procedures specified in 40 CFR Part 75, Subpart D (Missing Data Substitution Procedures); or(B) subject to 40 CFR Part 75, Appendix E, use the missing data procedures specified in 40 CFR Part 75, Appendix E, §2.5 (Missing Data Procedures);(2) use 40 CFR Part 75, Appendix E monitoring in accordance with § 117.1240(e) of this title;(3) if the NOX monitor is a predictive emissions monitoring system (PEMS):(A) use the methods specified in 40 CFR Part 75, Subpart D; or(B) use calculations in accordance with § 117.8110(b) of this title (relating to Emission Monitoring System Requirements for Utility Electric Generation Sources); or(4) if the methods specified in paragraphs (1) - (3) of this subsection are not used, the owner or operator shall use the maximum block one-hour emission rate as measured by the 30-day testing.(f) The owner or operator shall maintain daily records indicating the NOX emissions and fuel usage from each EGF and summations of total NOX emissions and fuel usage for all EGFs under the system cap on a daily basis. Records must also be retained in accordance with § 117.1245 of this title (relating to Notification, Recordkeeping, and Reporting Requirements).(g) The owner or operator shall report any exceedance of the system cap emission limit within 48 hours to the appropriate regional office. The owner or operator shall then follow up within 21 days of the exceedance with a written report to the regional office that includes an analysis of the cause for the exceedance with appropriate data to demonstrate the amount of emissions in excess of the applicable limit and the necessary corrective actions taken by the company to assure future compliance. Additionally, the owner or operator shall submit semiannual reports for the monitoring systems in accordance with § 117.1245 of this title.(h) The owner or operator shall demonstrate initial compliance with the system cap in accordance with the schedule specified in § 117.9120 of this title (relating to Compliance Schedule for Houston-Galveston-Brazoria Ozone Nonattainment Area Utility Electric Generation Sources).(i) An EGF that is permanently retired or decommissioned and rendered inoperable may be included in the system cap emission limit, provided that the permanent shutdown occurred after January 1, 2000. The system cap emission limit is calculated in accordance with subsection (b) of this section.(j) Emission reductions from shutdowns or curtailments that have been used for netting or offset purposes under the requirements of Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) may not be included in the baseline for establishing the cap.(k) For the purposes of determining compliance with the system cap emission limit, the contribution of each affected EGF that is operating during a startup, shutdown, or emissions event as defined in § 101.1 of this title (relating to Definitions) must be calculated from the NOX emission rate measured by the NOX monitor, if operating properly. If the NOX monitor is not operating properly, the substitute data procedures identified in subsection (e) of this section must be used. If neither the NO X monitor nor the substitute data procedure are operating properly, the owner or operator shall use the maximum daily rate measured during the initial demonstration of compliance, unless the owner or operator provides data demonstrating to the satisfaction of the executive director and the United States Environmental Protection Agency that actual emissions were less than maximum emissions during such periods.(l) An owner or operator of a source of NOX who is participating in the system cap under this section may exceed their system cap provided that the owner or operator is complying with the requirements of § 117.9800 of this title (relating to Use of Emission Credits for Compliance) or Chapter 101, Subchapter H, Division 1 or 4 of this title (relating to Emission Credit Banking and Trading; and Discrete Emission Credit Banking and Trading).(m) In the event that a unit within an electric power generating system is sold or transferred, the unit must become subject to the transferee's system cap.30 Tex. Admin. Code § 117.1220
The provisions of this §117.1220 adopted to be effective June 14, 2007, 32 TexReg 3206; amended to be effective April 19, 2012, 37 TexReg 2655