Section 117.3120 - Source Cap(a) As an alternative to complying with the requirements of § 117.3110 of this title (relating to Emission Specifications) in Bexar, Comal, Ellis, Hays, and McLennan Counties, an owner or operator may reduce total nitrogen oxides (NOX) emissions (in pounds per day (ppd)) from all cement kilns at the account (including any cement kilns placed into service on or after December 31, 1999) to at least 30% less than the total NOX emissions (in ppd) from all cement kilns in the account's 1996 emissions inventory (EI), on a 90-day rolling average basis. For the purposes of this section, the 90-day rolling average is calculated as the total of all the hourly emissions data for the preceding 90 days. For the calendar year that includes the appropriate compliance date in § 117.9320 of this title (relating to Compliance Schedule for Cement Kilns), only hourly emissions data on or after that compliance date is included, such that the first 90-day period ends 90 days after the appropriate compliance date in § 117.9320 of this title. A 90-day rolling average emission cap must be calculated using the following equation. Attached Graphic
(b) To qualify for the source cap option available under this section, the owner or operator shall submit an initial control plan to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction that demonstrates that the overall reduction of NOX emissions from all cement kilns at the account will be at least 30% from the 1996 baseline EI on a 90-day rolling average basis. The plan must be submitted no later than December 31 of the year preceding the appropriate compliance date in § 117.9320 of this title. Each control plan must be approved by the executive director before the owner or operator may use the source cap available under this section for compliance. At a minimum, the control plan must include the emission point number (EPN), facility identification number (FIN), and 1996 baseline EI NO X emissions (in ppd) from each cement kiln at the account; a description of the control measures that have been or will be implemented at each cement kiln; and an explanation of the recordkeeping procedure and calculations that will be used to demonstrate compliance.(c) Beginning on March 31 of the year following the appropriate compliance date in § 117.9320 of this title, the owner or operator shall submit an annual report no later than March 31 of each year to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction that demonstrates that the overall reduction of NOX emissions from all cement kilns at the account is at least 30% from the 1996 baseline EI on a 90-day rolling average basis. At a minimum, the report must include the EPN, FIN, and each 90-day rolling average NOX emissions (in ppd) during the preceding calendar year for the cement kilns at the account.(d) All representations in control plans and annual reports become enforceable conditions. The owner or operator shall not vary from such representations if the variation will cause a change in the identity of the specific cement kilns subject to this section or the method of control of emissions unless the owner or operator submits a revised control plan to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction no later than 30 days after the change. All control plans and reports must demonstrate that the total NOX emissions (in ppd) from all cement kilns at the account (including any cement kilns placed into service on or after December 31, 1999) are being reduced to at least 30% less than the total NO X emissions (in ppd) from all cement kilns in the account's 1996 EI on a 90-day rolling average basis.(e) The NOX emissions monitoring required by § 117.3140 of this title (relating to Continuous Demonstration of Compliance) for each cement kiln in the source cap must be used to demonstrate continuous compliance with the source cap.(f) An owner or operator may use § 117.9800 of this title (relating to Use of Emission Credits for Compliance) to meet the NO X emission control requirements of this section, in whole or in part.30 Tex. Admin. Code § 117.3120
The provisions of this §117.3120 adopted to be effective June 14, 2007, 32 TexReg 3206