Section 117.9020 - Compliance Schedule for Houston-Galveston-Brazoria Ozone Nonattainment Area Major SourcesThe owner or operator of each industrial, commercial, and institutional source in the Houston-Galveston-Brazoria ozone nonattainment area shall comply with the requirements of Subchapter B, Division 3 of this chapter (relating to Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources) as soon as practicable, but no later than the dates specified in this section.
(1) Reasonably available control technology. The owner or operator shall, for all units, comply with the requirements of Subchapter B, Division 3 of this chapter, except as specified in paragraph (2) of this section, by November 15, 1999 (final compliance date); and(A) submit a plan for compliance in accordance with § 117.350 of this title (relating to Initial Control Plan Procedures) according to the following schedule: (i) for major sources of nitrogen oxides (NO X) that have units subject to emission specifications under this chapter, submit an initial control plan for all such units no later than April 1, 1994;(ii) for major sources of NOX that have no units subject to emission specifications under this chapter, submit an initial control plan for all such units no later than September 1, 1994; and(iii) for major sources of NOX subject to either clause (i) or (ii) of this subparagraph, submit the information required by §117.350(c)(6), (7), and (9) of this title no later than September 1, 1994;(B) install all NOX abatement equipment and implement all NOX control techniques no later than November 15, 1999; and(C) submit to the executive director: (i) for units operating without a continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS), the results of applicable tests for initial demonstration of compliance as specified in § 117.335 of this title (relating to Initial Demonstration of Compliance); by April 1, 1994, or as early as practicable, but in no case later than November 15, 1999;(ii) for units operating with CEMS or PEMS in accordance with § 117.340 of this title (relating to Continuous Demonstration of Compliance), submit the results of: (I) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.8100(a)(1)(A) and (B) and (b)(2) - (4)(A) of this title (relating to Emission Monitoring System Requirements for Industrial, Commercial, and Institutional Sources); and(II) the applicable tests for the initial demonstration of compliance as specified in § 117.335 of this title;(III) no later than: (-a-) November 15, 1999, for units complying with the NOX emission specification on an hourly average; and(-b-) January 15, 2000, for units complying with the NOX emission specification on a rolling 30-day average;(iii) a final control plan for compliance in accordance with § 117.352 of this title (relating to Final Control Plan Procedures for Reasonably Available Control Technology), no later than November 15, 1999; and(iv) the first semiannual report required by § 117.345(d) or (e) of this title (relating to Notification, Recordkeeping, and Reporting Requirements), covering the period November 15, 1999, through December 31, 1999, no later than January 31, 2000.(2) Emission specifications for attainment demonstration. (A) The owner or operator of any unit subject to §117.310(a) (relating to Emission Specifications for Attainment Demonstration) shall comply with the requirements of § 117.340 of this title as follows. (i) As soon as practicable, but no later than March 31, 2005, the owner or operator shall install any totalizing fuel flow meters, run time meters, and emissions monitors required by § 117.340 of this title, except that if flue gas cleanup (for example, controls that use a chemical reagent for reduction of NOX) is installed on a unit before March 31, 2005, then the emissions monitors required by § 117.340 of this title must be installed and operated at the time of startup following the installation of flue gas cleanup on that unit. However, an owner or operator may choose to demonstrate compliance with the ammonia monitoring requirements through annual ammonia stack testing until March 31, 2005. (I) Within 60 days after startup of a unit following installation of emissions monitors, the owner or operator shall submit to the executive director the results of the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.8100(a)(1)(A) and (B) and (b)(2) - (4)(A) of this title; or(II) If the unit is shut down as of March 31, 2005, the CEMS or PEMS performance evaluation and quality assurance procedures must be submitted to the executive director within 60 days after the startup of the unit after March 31, 2005.(ii) Within 60 days after startup of a unit following installation of emissions controls, the owner or operator shall submit to the executive director the results of: (I) stack tests conducted in accordance with § 117.335 of this title. For a stack test conducted before March 31, 2005, on a unit not equipped with CEMS or PEMS that CEMS or PEMS must be installed no later than March 31, 2005, the requirements of § 117.335(c) of this title do not apply; or, as applicable,(II) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.8100(a)(1)(A) and (B) and (b)(2) - (4)(A) of this title.(B) The owner or operator of each electric generating facility (EGF) shall: (i) no later than June 30, 2001, submit to the executive director the certification of level of activity, Hi, specified in § 117.320 of this title (relating to System Cap) for each EGF in operation as of January 1, 1997;(ii) no later than 60 days after the end of the first five years of operation, submit to the executive director the certification of activity level, Hi, based on any two consecutive third quarters of actual level of activity data available from the first five years of operation as specified in § 117.320 of this title for each EGF not in operation prior to January 1, 1997; and(iii) comply with the requirements of § 117.320 of this title as soon as practicable, but no later than March 31, 2007.(C) For any units subject to § 117.310(a) of this title that stack testing or the CEMS or PEMS performance evaluation and quality assurance has not been conducted under subparagraph (A) of this paragraph or units placed into service after March 31, 2005, that do not have flue gas cleanup, the owner or operator shall submit to the executive director as soon as practicable, but no later than March 31, 2007, the results of: (i) stack tests conducted in accordance with § 117.335 of this title; or, as applicable,(ii) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.8100(a)(1)(A) and (B) and (b)(2) - (4)(A) of this title.(D) The owner or operator shall comply with the emission reduction requirements of Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) as soon as practicable, but no later than the appropriate dates specified in that program.(E) For diesel and dual-fuel engines, the owner or operator shall comply with the restriction on hours of operation for maintenance or testing, and associated recordkeeping, as soon as practicable, but no later than April 1, 2002.(F) The owner or operator shall comply with all other requirements of Subchapter B, Division 3 of this chapter as soon as practicable, but no later than March 31, 2005.(G) The owner or operator of a unit that is subject to § 117.310(a) of this title and will be permanently shut down on or before September 30, 2005, may elect to comply with §117.340(a) and (c) - (f) of this title by performing testing in lieu of the monitoring requirements, provided that following conditions are met:(i) submit written notification to the executive director no later than March 31, 2005, containing the following:(I) a list of units, by emission point number, that the owner or operator will permanently shut down on or before September 30, 2005;(II) the projected date(s) that each unit will be permanently shut down; and(III) the projected date(s) of the testing to be performed in accordance with clause (ii) of this subparagraph;(ii) the testing is performed in accordance with § 117.335 of this title after March 31, 2005, and prior to September 30, 2005, while operating at maximum rated capacity, or as near thereto as practicable. For the time period from March 31, 2005, to September 30, 2005, the results of this testing must be used for demonstrating compliance with the emission specifications in § 117.310(a) of this title or to quantify the emissions for units subject to the mass emissions cap and trade program of Chapter 101, Subchapter H, Division 3 of this title;(iii) for units that a totalizing fuel flow meter has not been installed as required in § 117.340(a) of this title, the maximum rated capacity of the unit must be used to quantify the emissions for units subject to the mass emissions cap and trade program of Chapter 101, Subchapter H, Division 3 of this title; and(iv) if the unit is not shut down by September 30, 2005, the owner or operator will be considered in violation of this section as of March 31, 2005, and extensions beyond September 30, 2005, will not be granted.30 Tex. Admin. Code § 117.9020
The provisions of this §117.9020 adopted to be effective June 14, 2007, 32 TexReg 3206