Section 117.2010 - Emission Specifications(a) For sources that are subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions 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 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 emission specifications in subsection (c) of this section. The averaging time must be as specified in Chapter 101, Subchapter H, Division 3 of this title.(b) For sources that are not subject to Chapter 101, Subchapter H, Division 3 of this title, NOX emissions are limited to 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 emission specifications in subsection (c) of this section. The averaging time must be as follows:(1) if the unit is operated with a NO X continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) under § 117.2035(c) of this title (relating to Monitoring and Testing Requirements), either as: (A) a rolling 30-day average period, in the units of the applicable standard;(B) a block one-hour average, in the units of the applicable standard; or(C) a block one-hour average, in pounds per hour, for boilers and process heaters, calculated as the product of the boiler's or process heater's maximum rated capacity and its applicable limit in pounds per million British thermal units (lb/MMBtu); or(2) if the unit is not operated with a NO X CEMS or PEMS under § 117.2035(c) of this title, a block one-hour average, in the units of the applicable standard.(c) The following NOX emission specifications must be used in conjunction with subsection (a) of this section to determine allocations for Chapter 101, Subchapter H, Division 3 of this title, or in conjunction with subsection (b) of this section to establish unit-by-unit emission specifications, as appropriate:(1) from boilers and process heaters:(A) gas-fired, 0.036 lb/MMBtu heat input (or alternatively, 30 parts per million by volume (ppmv) at 3.0% oxygen (O 2), dry basis); and(B) liquid-fired, 0.072 lb/MMBtu heat input (or alternatively, 60 ppmv at 3.0% O2, dry basis);(2) from stationary, gas-fired, reciprocating internal combustion engines: (A) fired on landfill gas, 0.60 gram per horsepower-hour (g/hp-hr); and(B) all others, 0.50 g/hp-hr;(3) from stationary, dual-fuel, reciprocating internal combustion engines, 5.83 g/hp-hr;(4) from stationary, diesel, reciprocating internal combustion engines:(A) 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 paragraph, the terms "modification" and "reconstruction" have the meanings defined in § 116.10 of this title (relating to General Definitions) and 40 Code of Federal Regulations §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(B) for engines not subject to subparagraph (A) of this paragraph: (i) with a horsepower (hp) 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;(ii) 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;(iii) 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;(iv) 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;(v) 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(vi) 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;(5) from stationary gas turbines (including duct burners), 0.15 lb/MMBtu; and(6) as an alternative to the emission specifications in paragraphs (1) - (5) of this subsection for units with an annual capacity factor of 0.0383 or less, 0.060 lb/MMBtu heat input. 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).(d) The maximum rated capacity used to determine the applicability of the emission specifications in subsection (c) of this section must be: (1) the greater of the following: (A) the maximum rated capacity as of December 31, 2000; or(B) the maximum rated capacity after December 31, 2000; or(2) 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, for which 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.(e) 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 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.(f) Changes after December 31, 2000, to a unit subject to an emission specification in subsection (c) of this section (ESAD unit) that result in increased NOX emissions from a unit not subject to an emission specification in subsection (c) of this section (non-ESAD unit), such as redirecting one or more fuel or waste streams containing chemical-bound nitrogen to an incinerator or a flare, is only allowed if:(1) the increase in NOX emissions at the non-ESAD unit is determined using a CEMS or PEMS that meets the requirements of § 117.2035(c) of this title, or through stack testing that meets the requirements of § 117.2035(e) of this title; and(2) either of the following conditions is met:(A) for sources that are subject to Chapter 101, Subchapter H, Division 3 of this title, 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); or(B) for sources that are not subject to Chapter 101, Subchapter H, Division 3 of this title, emission credits equal to the increase in NOX emissions at the non-ESAD unit are obtained and used in accordance with § 117.9800 of this title (relating to Use of Emission Credits for Compliance).(g) 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.(h) The availability under subsection (c)(6) 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 (c)(6) of this section than would otherwise apply to the unit.(i) No person shall allow the discharge into the atmosphere from any unit subject to NOX emission specifications in subsection (c) of this section, emissions in excess of the following, except as provided in § 117.2025 of this title (relating to Alternative Case Specific Specifications): (1) carbon monoxide (CO), 400 ppmv at 3.0% O 2, dry basis (or alternatively, 3.0 g/hp-hr for stationary internal combustion engines):(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; and(2) for units that inject urea or ammonia into the exhaust stream for NOX control, ammonia emissions of 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) and gas-fired lean-burn engines; 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.30 Tex. Admin. Code § 117.2010
The provisions of this §117.2010 adopted to be effective June 14, 2007, 32 TexReg 3206