Section 117.3040 - Continuous Demonstration of Compliance(a) Nitrogen oxides (NOX) monitoring. The owner or operator of each unit subject to the emission specifications of this division (relating to Utility Electric Generation in East and Central Texas) shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS), predictive emissions monitoring system (PEMS), or other system specified in this section to measure NO X on an individual basis.(b) Carbon monoxide (CO) monitoring. If the owner or operator chooses to monitor CO exhaust emissions from a unit subject to the emission specifications of this division, the methods specified in § 117.8120 of this title (relating to Carbon Monoxide (CO) Monitoring) should be considered appropriate guidance for determining CO emissions.(c) Ammonia monitoring. For units that inject urea or ammonia into the exhaust stream for NOX control, one of the ammonia monitoring procedures specified in § 117.8130 of this title (relating to Ammonia Monitoring) must be used to demonstrate compliance with the ammonia emission specification of § 117.3010(2) of this title (relating to Emission Specifications).(d) CEMS requirements. (1) Any CEMS required by this section must be installed, calibrated, maintained, and operated in accordance with 40 Code of Federal Regulations (CFR) Part 75 or Part 60, as applicable.(2) One CEMS may be shared among units, provided:(A) the exhaust stream of each unit is analyzed separately; and(B) the CEMS meets the applicable certification requirements of paragraph (1) of this subsection for each exhaust stream.(3) As an alternative to paragraph (2) of this subsection, for units that are included in a system cap under § 117.3020 of this title (relating to System Cap):(A) all bypass stacks must be monitored in order to quantify emissions directed through the bypass stack;(B) one CEMS may be shared among units, provided:(i) the exhaust stream of each stack is analyzed separately; and(ii) the CEMS meets the certification requirements of paragraph (1) of this subsection for each stack while the CEMS is operating in the time-shared mode; and(C) exhaust streams of units that vent to a common stack do not need to be analyzed separately.(e) Acid rain peaking units. The owner or operator of each peaking unit as defined in 40 CFR §72.2, may: (1) monitor operating parameters for each unit in accordance with 40 CFR Part 75, Appendix E, §1.1 or §1.2 and calculate NOX emission rates based on those procedures; or(2) use CEMS or PEMS in accordance with this section to monitor NOX emission rates.(f) PEMS requirements. The owner or operator of any PEMS used to meet a pollutant monitoring requirement of this section shall comply with the following. The required PEMS and fuel flow meters must be used to demonstrate continuous compliance with the emission specifications of § 117.3010 of this title. (1) The PEMS must predict the pollutant emissions in the units of the applicable emission specifications of this division.(2) The PEMS must meet the requirements of § 117.8110(b) of this title (relating to Emission Monitoring System Requirements for Utility Electric Generation Sources).(g) Gas turbine monitoring. The owner or operator of each stationary gas turbine subject to the emission specifications of § 117.3010 of this title, instead of monitoring emissions in accordance with the monitoring requirements of 40 CFR Part 75, may comply with the following monitoring requirements: (1) for stationary gas turbines rated less than 30 megawatt (MW) or peaking gas turbines (as defined in § 117.10 of this title (relating to Definitions)) that use steam or water injection to comply with the emission specification of § 117.3010(1)(B) of this title:(A) install, calibrate, maintain, and operate a CEMS or PEMS in compliance with this section; or(B) for units that are not included in a system cap under § 117.3020 of this title, install, calibrate, maintain, and operate a continuous monitoring system to monitor and record the average hourly fuel and steam or water consumption. The system must be accurate to within ± 5.0%. The steam-to-fuel or water-to-fuel ratio monitoring data must be used for demonstrating continuous compliance with the emission specification of § 117.3010(1)(B) of this title; and(2) for gas turbines not subject to paragraph (1) of this subsection, install, calibrate, maintain, and operate a CEMS or PEMS in compliance with this section.(h) Totalizing fuel flow meters. The owner or operator of units listed in this subsection shall install, calibrate, maintain, and operate totalizing fuel flow meters to individually and continuously measure the gas and liquid fuel usage. A computer that collects, sums, and stores electronic data from continuous fuel flow meters is an acceptable totalizer. The units are: (1) any unit subject to the emission specifications of this division;(2) any stationary gas turbine with an MW rating greater than or equal to 1.0 MW operated more than an average of 10% of the hours of the year, averaged over the three most recent calendar years, or more than 20% of the hours in a single calendar year; and(3) any unit claimed exempt from the emission specifications of this division using the exemption of § 117.3003(1) of this title (relating to Exemptions).(i) Run time meters. The owner or operator of any stationary gas turbine using the exemption of § 117.3003(2) of this title shall record the operating time with an elapsed run time meter approved by the executive director.(j) Loss of exemption. The owner or operator of any unit claimed exempt from the emission specifications of this division using the exemptions of § 117.3003 of this title, shall notify the executive director within seven days if the applicable limit is exceeded.(1) If the limit is exceeded, the exemption from the emission specifications of § 117.3010 of this title is permanently withdrawn.(2) Within 90 days after loss of the exemption, the owner or operator shall submit a compliance plan detailing a plan to meet the applicable compliance limit as soon as possible, but no later than 24 months after exceeding the limit. The plan must include a schedule of increments of progress for the installation of the required control equipment.(3) The schedule is subject to the review and approval of the executive director.(k) Data used for compliance. After the initial demonstration of compliance required by § 117.3035 of this title (relating to Initial Demonstration of Compliance) the methods required in this section must be used to determine compliance with the emission specifications of this division. Compliance with the emission specifications may also be determined at the discretion of the executive director using any commission compliance method.(l) Enforcement of NOX limits. No unit subject to § 117.3010 of this title may be operated at an emission rate higher than that allowed by the emission specifications of § 117.3010 of this title.30 Tex. Admin. Code § 117.3040
The provisions of this §117.3040 adopted to be effective June 14, 2007, 32 TexReg 3206