Current through March 14, 2024
(a)
Definitions. For the purposes of this section, the following
definitions apply. Any term not defined shall be as defined in section
22a-174-1 of the Regulations of
Connecticut State Agencies:
(1) "Affected
unit" means a fossil-fuel fired:
(A)
Stationary source that serves a generator with a nameplate capacity of 15 MW or
more; or (B) Boiler or indirect heat exchanger with a maximum heat input
capacity of 250 MMBtu/hr or more.
(2) "Boiler serving an electric generating
unit" or "boiler serving an EGU" means a steam generating unit used for
generating electricity.
(3)
"Bumped-up RACT unit" means an emission unit located at a facility with a
potential to emit NOx of not less than twenty-five (25) tons per year whereby
such facility becomes a major stationary source of NOx on or after November 7,
2022 solely as a result of the amendment of the definition of "severe
non-attainment area for ozone" in RCSA section
22a-174-1 effective on.
(4) "Combined cycle combustion turbine" means
an internal combustion engine fueled by liquid or gaseous fuel, in which blades
are driven by combustion gases to generate mechanical energy in the form of a
rotating shaft that drives an electric generator which recovers heat from the
turbine exhaust gases to generate steam that drives a steam turbine which
drives an additional electric generator.
(5) "Combined heat and power system" means a
steam-generating unit that simultaneously produces both electric power and
useful thermal energy from the same primary energy source.
(6) "Combustion turbine" means an internal
combustion engine fueled by liquid or gaseous fuel, in which blades are driven
by combustion gases to generate mechanical energy in the form of a rotating
shaft that drives an electric generator or other industrial
equipment.
(7) "Cyclone boiler"
means a boiler that combusts fuel in a horizontal water-cooled cylinder before
releasing the combustion gases into the boiler.
(8) "Daily block average" means the
arithmetic mean of all hourly emission concentrations or rates recorded when an
emission unit is operating measured over the 24- hour period from 12 a.m.
(midnight) to 12 a.m. (midnight).
(9) "Digester gas" means a mixture of
primarily methane and carbon dioxide produced by a bacterial degradation of
organic matter under anaerobic conditions and used as a fuel.
(10) "Duct burner" means a device that
combusts fuel and that is placed in the exhaust duct from another source, such
as a combined cycle combustion turbine, to allow the firing of additional fuel
to heat the exhaust gases before the exhaust gases enter a heat recovery steam
generating unit.
(11) "Electric
generating unit" or "EGU" means a combustion or steam generating source used
for generating electricity that delivers all or part of its power to the
electric power distribution grid for commercial sale.
(12) "Electricity supplier" means "electric
supplier" as defined in section 16-1(a)(24) of the Connecticut General
Statutes, and "municipal electric utility" as defined in section 7-233b(8) of
the Connecticut General Statutes.
(13) "Emergency" means an unforeseeable
condition that is beyond the control of the owner or operator of an emergency
engine that:
(A) Results in an interruption
of electrical power from the electricity supplier to the premises;
(B) Results in a deviation of voltage from
the electricity supplier to the premises of three percent (3%) above or five
percent (5%) below standard voltage in accordance with section
16-11-115 of the RCSA;
(C) Requires an interruption of electrical
power from the electricity supplier to the premises enabling the owner or
operator to perform emergency repairs; or
(D) Requires operation of the emergency
engine to minimize damage from fire, flood, or any other catastrophic event,
natural or man-made.
(14)
"Emergency engine" means a stationary reciprocating engine or a combustion
turbine that is used as a means of providing mechanical or electrical power
only during the following periods:
(A)
Emergencies;
(B) Testing;
(C) Scheduled maintenance;
(D) When the facility owner or operator
interrupts power to the facility to perform construction, maintenance or repair
of the power distribution system for the facility or portion of the facility;
or
(E) When the electricity
supplier makes a scheduled interruption of power to the facility so that the
electricity supplier may perform construction, maintenance or repair of the
primary power distribution system for the facility. "Emergency engine" does not
include a reciprocating engine or combustion turbine for which the owner or
operator is a party to any other agreement to sell electrical power from such
reciprocating engine or combustion turbine to an electricity supplier, or
otherwise receives any reduction in the cost of electrical power for agreeing
to produce power during periods of reduced voltage or reduced power
availability.
(15)
"Existing emission unit" means a source for which construction commenced prior
to December 22, 2016.
(16) "Force
majeure" means an event caused by circumstances beyond the control of the owner
or operator of the emission unit subject to the event, its contractors, or any
entity controlled by the emission unit subject to the event that prevents the
owner or operator from complying with the regulatory requirement to conduct
performance tests within the specified timeframe despite best efforts to
fulfill the obligation. Examples of such events are acts of nature, acts of war
or terrorism, or equipment failure or safety hazard beyond the control of the
owner or operator of the emission unit subject to the event.
(17) "Gas" or "gaseous fuel" means natural
gas, propane, or any other fuel that is in the gaseous state under standard
conditions, except for landfill gas or digester gas.
(18) "Industrial/commercial/institutional
boiler" or "ICI boiler" means an indirect heat exchanger that heats water to
supply heat to an industrial, commercial, or institutional operation.
(19) "Landfill gas" means a mixture of
primarily methane and carbon dioxide produced by bacterial degradation of
organic matter in a landfill and used as a fuel.
(20) "Non-ozone season" means the period
beginning October 1 of a calendar year and ending on April 30 of the following
calendar year, inclusive.
(21)
"Other oil" means a fuel that is liquid at standard conditions and is not
residual oil.
(22) "Ozone forecast"
means the eight-hour ozone forecast issued as an air quality index one or more
days in advance by the commissioner and posted on the Department"s website or
otherwise provided by the Department for the regulated community.
(23) "Ozone season" means the period
beginning May 1 of a calendar year and ending on September 30 of the same year,
inclusive.
(24) "Phase 1" means the
first implementation phase of this section, beginning June 1, 2018 and ending
May 31, 2023.
(25) "Phase 2" means
the second implementation phase of this section, beginning June 1, 2023 and
continuing thereafter.
(26)
"Reciprocating engine" means an internal combustion engine in which a rotating
crankshaft is driven by reciprocating motion of piston or pistons.
(27) "Relative accuracy test audit" or "RATA"
means the CEMS performance test procedure conducted pursuant to
40 CFR
60 or
40 CFR
75.
(28) "RCSA" means Regulations of Connecticut
State Agencies.
(29) "Simple cycle
combustion turbine" means a combustion turbine that does not recover heat from
its exhaust gases.
(30) "Temporary
unit" means any gaseous or liquid fuel fired unit that is designed to, and is
capable of, being carried or moved from one location to another by means of,
for example, wheels, skids, carrying handles, dollies, trailers or platforms. A
unit is not a "temporary unit" if any one of the following conditions exists:
(A) The unit is attached to a
foundation;
(B) The unit or a
replacement remains at the location within the facility and performs the same
or similar function for more than 12 consecutive months, provided a temporary
unit that replaces a temporary unit at a location and performs the same or
similar function will be included in calculating such consecutive time
period;
(C) The unit is located at
a seasonal facility and operates during the full annual operating period of the
seasonal facility, remains at the facility for at least two years and operates
at that facility for at least three months of the year; or
(D) The unit is moved from one location to
another within the facility, but continues to perform the same or similar
function and serve the same electricity, steam or hot water system in an
attempt to circumvent the residence time specification of this
definition.
(31) "Test
stand" or "test cell" means the collection of all equipment and activities
associated with the apparatus used for testing uninstalled engines.
(32) "Tune-up" means adjustments made to an
emission unit to improve efficiency with respect to combustion
operations.
(b)
Applicability.
(1) This section
applies to the owner or operator of the following listed emission units,
including temporary units, located at a major stationary source for NOx:
(A) A boiler serving an electric generating
unit;
(B) A simple cycle combustion
turbine with a maximum rated capacity of five MMBtu/hr or more;
(C) A combined cycle combustion turbine with
a maximum rated capacity of five MMBtu/hr or more;
(D) An ICI boiler with a maximum rated
capacity of five MMBtu/hr or more;
(E) A reciprocating engine with a maximum
rated capacity of three MMBtu/hr or more;
(F) Equipment that combusts fuel for heating
materials, including air, and that has a maximum rated capacity of five
MMBtu/hr or more; or
(G) Any other
stationary fuel-burning equipment with a maximum rated capacity of five
MMBtu/hr or more.
(2)
This section applies to the owner or operator of an emission unit that is
subject to RCSA section
22a-174-22 f and that meets one
of the following criteria:
(A) Except for a
"reclassified unit", described in subparagraph (C) of this subdivision, on any
day on and after May 1, 2018, exceeds the applicable daily emission threshold
of subsection (e)(2) of RCSA section
22a-174-22 f;
(B) Is an affected unit; or
(C) Is a reclassified unit, as defined in
RCSA 22a-174-22f(e)(5), and exceeds the applicable daily emission threshold of
RCSA 22a-174-22f(e)(2) on or after May 1, 2026.
(c)
Exemptions and exceptions.
(1) The requirements of this section shall
not apply to a mobile source.
(2)
The requirements of this section shall not apply to an emissions unit that is a
type of incinerator for which an emissions guideline has been issued under
Section 129 of the Act;
(3) The
requirements of subsections (d)(6), (d)(14), (i), (l), (m) and (n) of this
section shall not apply to any reciprocating engine that is:
(A) Used to test or provide emergency power
or alternative power for safety-related structures, systems and components or
other Nuclear Regulatory Commission-mandated systems at an electric generating
facility licensed under 10
CFR 50; or
(B) Located at a hospital or other health
care facility and used to meet standards of The Joint Commission or the
National Fire Protection Association for emergency electrical power
systems.
(4) The
requirements of this section shall not apply to a reciprocating engine operated
by an EAS Participant, as defined in
47 CFR
11.2, to meet the equipment operational
readiness requirements of 47
CFR 11.35.
(5) Emergency engines are exempt from the
following requirements of this section:
(A)
The emissions limitations of subsection (d)(6);
(B) The tune-up requirements of subsection
(i);
(C) The testing requirements
of subsection (l);
(D) The
monitoring requirements of subsection (m);
(E) The bumped-up RACT unit requirements of
subsection (n); and
(F) If an owner
or operator operates a model year 2013 or later emergency engine in compliance
with the NOx emissions standards of
40 CFR
1039, Subpart B, such engine is exempt from
the restriction of subsection (d)(14) of this section.
(6) The requirements of subsections (d), (i),
(l), (m) and (n) of this section shall not apply to the owner or operator of a
test stand or test cell, for emissions from the use of such test stand or test
cell.
(7) The requirements of
subsections (d)(3), (d)(4), (d)(6), (i), (l), (m) and (n) of this section shall
not apply to the emission units listed in subparagraphs (A) and (B) of this
subdivision. The owner or operator of an emission unit operating pursuant to
this subdivision shall not operate such emission unit on any day for which the
commissioner has forecast that ozone levels will be "moderate to unhealthy for
sensitive groups," "unhealthy for sensitive groups," "unhealthy" or "very
unhealthy." If subsequent to the initial forecast of "moderate to unhealthy for
sensitive groups" or greater, the forecast is revised to "moderate" or lower,
the owner or operator is no longer prohibited from operating the emission unit
for the remainder of that day. An owner or operator of an emission unit may
rely on an ozone forecast of "moderate" or lower obtained after 3 p.m. on the
preceding day. Subsequent changes to the ozone forecast after 3 p.m. that
forecast ozone levels of "moderate to unhealthy for sensitive groups" or
greater shall not obligate the owner or operator to refrain from operation of
the emission unit at the facility on the following day. Emission units that may
operate pursuant to this exemption include the following:
(A) Fuel-burning equipment that is the
subject of or used for research and development; or
(B) Compression-ignition reciprocating
engines used exclusively for training personnel in the operation and
maintenance of such engines aboard submarines.
(8) The requirements of subsections (d)(3),
(i), (l), and (m) of this section shall not apply to a boiler
that operates to supply steam used for the startup of a nuclear reactor or to
supply hot water, heat or steam for the protection of facility systems when
reactor-heated steam is not available at an electric generating facility
licensed under 10 CFR
50.
(9) The requirements of this section shall
not apply to non-road engines, as defined in
40 CFR
1068.30 or
40 CFR
89.2.
(10) The exemptions provided in subdivision
(3) or (4) of this subsection are not available for a reciprocating engine or
combustion turbine for which the owner or operator is party to an agreement to
sell electrical power from such reciprocating engine or combustion turbine to
an electricity supplier or an owner or operator who otherwise receives any
reduction in the cost of electrical power for agreeing to produce power during
periods of reduced voltage or reduced power availability.
(11) For an emission unit subject to this
section pursuant to subsection (b)(2)(A) of this section, if the owner or
operator requests from the commissioner and is granted an enforceable
limitation on daily NOx emissions to a level below the applicable daily NOx
threshold in RCSA section
22a-174-22 f(e)(2), the emission
unit is no longer subject to this section. Such an enforceable limitation shall
be issued in an order or a modification to an existing
permit.
(d)
Emissions limitations.
(1) With
the exception of the owner or operator of a bumped-up RACT unit, the owner or
operator of an emission unit shall not cause or allow an emission unit to
exceed the applicable emissions limitations specified in this subsection unless
such owner or operator undertakes one of the following actions:
(A) Implements an alternative compliance
mechanism as provided in subsection (g) of this section;
(B) Operates under a case-by-case RACT
determination as provided in subsection (h) of this section; or
(C) Ceases operation as provided in
subsection (f) of this section.
The owner or operator of a bumped-up RACT unit shall comply
with the applicable Phase 2 emission limitations of this subsection in
accordance with the applicable timing set forth in subsection (n) of this
section.
(2)
Boilers serving EGUs.
(A) For
Phase 1, the following emissions limitations, based on a daily block average
for an emission unit with a NOx CEM system, or as determined by NOx emission
testing pursuant to subsection (
l) of this section for an
emission unit without a NOx CEM system, apply to the owner or operator of a
boiler serving an EGU:
Gas-fired (lb/MMBtu) |
Residual oil-fired
(lb/MMBtu) |
Other oil-fired (lb/MMBtu) |
Coal-fired (lb/MMBtu) |
Cyclone boiler |
0.30 |
0.43 |
0.43 |
*** |
Other boiler |
0.20 |
0.25 |
0.20 |
0.28 |
(B) For
Phase 1, the following ozone season and non-ozone season emissions limitations
apply to the owner or operator of a boiler serving an EGU that is also an
affected unit. The averaging period for the ozone season limit is May 1 through
September 30, and the averaging period for the non-ozone season limit is
October 1 through April 30:
Gas-fired (lb/MMBtu) |
Residual oil-fired
(lb/MMBtu) |
Other oil-fired (lb/MMBtu) |
Coal-fired (lb/MMBtu) |
Ozone season limit (5 month average) |
0.10 |
0.20 |
0.10 |
0.15 |
Non-ozone season limit (7 month
average) |
0.15 |
0.15 |
0.15 |
0.15 |
(C) For
Phase 2, the following emissions limitations, based on a daily block average
for an emission unit with a NOx CEM system, or as determined by NOx emission
testing pursuant to subsection (
l) of this section for an
emission unit without a NOx CEM system, apply to the owner or operator of a
boiler serving an EGU:
Gas-fired (lb/MMBtu) |
Residual oil-fired
(lb/MMBtu) |
Other oil-fired (lb/MMBtu) |
Coal-fired (lb/MMBtu) |
Boiler serving an EGU |
0.10 |
0.20 |
0.10 |
0.12 |
(D) For
Phase 2, the following non-ozone season emissions limitation applies to the
owner or operator of a boiler serving an EGU that is also an affected unit. The
averaging period for the non-ozone season limit is October 1 through April 30:
Gas-fired (lb/MMBtu) |
Residual oil-fired
(lb/MMBtu) |
Other oil-fired (lb/MMBtu) |
Coal-fired (lb/MMBtu) |
Non-ozone season limit (7 month
average) |
0.15 |
0.15 |
0.15 |
0.15 |
(3)
ICI Boilers.
(A) For Phase 1, the following emissions
limitations, based on a daily block average for an emission unit with a NOx CEM
system, or as determined by NOx emission testing pursuant to subsection
(
l) of this section for an emission unit without a NOx CEM
system, apply to the owner or operator of an ICI boiler:
Gas-fired (lb/MMBtu) |
Residual oil-fired
(lb/MMBtu) |
Other oil-fired (lb/MMBtu) |
Boilers with a maximum rated capacity greater than or
equal to 5 MMBtu/hr |
0.20 |
0.25 |
0.20 |
(B) For
Phase 1, the following ozone season and non-ozone season emissions limitations
apply to the owner or operator of an ICI boiler that is also an affected unit.
The averaging period for the ozone season limit is May 1 through September 30,
and the averaging period for the non-ozone season limit is October 1 through
April 30:
Gas-fired (lb/MMBtu) |
Residual oil-fired
(lb/MMBtu) |
Other oil-fired (lb/MMBtu) |
Ozone season limit (5 month average) |
0.10 |
0.20 |
0.15 |
Non-ozone season limit (7 month
average) |
0.15 |
0.15 |
0.15 |
(C) For
Phase 2, the following emissions limitations, based on a daily block average
for an emission unit with a NOx CEM system, or as determined by NOx emission
testing pursuant to subsection (
l) of this section for an
emission unit without a NOx CEM system, apply to the owner or operator of an
ICI boiler:
Gas-fired (lb/MMBtu) |
Residual oil-fired
(lb/MMBtu) |
Other oil-fired (lb/MMBtu) |
Boilers with a maximum rated capacity greater than or
equal to 5 and less than 25 MMBtu/hr |
0.20 |
0.25 |
0.20 |
Boilers with a maximum rated capacity greater than or
equal to 25 MMBtu/hr and less than 100 MMBtu/hr |
0.05 |
0.20 |
0.10 |
Boilers with a maximum rated capacity of greater than
or equal to 100 MMBtu/hr |
0.10 |
0.20 |
0.15 |
(D) For
Phase 2, the following non-ozone season emissions limitation applies to the
owner or operator of an ICI boiler that is also an affected unit. The averaging
period for the non-ozone season limit is October 1 through April 30:
Gas-fired (lb/MMBtu) |
Residual oil-fired
(lb/MMBtu) |
Other oil-fired (lb/MMBtu) |
Non-ozone season limit (7 month
average) |
0.15 |
0.15 |
0.15 |
(4)
Simple cycle combustion
turbines.
(A) For Phase 1, the
following emissions limitations, based on a daily block average for an emission
unit with a NOx CEM system, or as determined by NOx emission testing pursuant
to subsection (
l) of this section for an emission unit without
a NOx CEM system, apply to the owner or operator of a simple cycle combustion
turbine:
Gas-fired |
Other oil-fired |
Simple cycle combustion turbine |
55 ppmvd |
75 ppmvd |
(B) For
Phase 1, the following ozone season and non-ozone season emissions limitations
apply to the owner or operator of a simple cycle combustion turbine that is
also an affected unit. The averaging period for the ozone season limit is May 1
through September 30, and the averaging period for the non-ozone season limit
is October 1 through April 30:
Gas-fired |
Other oil-fired |
Ozone season limit (5 month average) |
50 ppmvd or 0.18 lb/MMBtu |
50 ppmvd or 0.19 lb/MMBtu |
Non-ozone season limit (7 month
average) |
0.15 lb/MMBtu |
0.15 lb/MMBtu |
(C) For
Phase 2, the following emissions limitations, based on a daily block average
for an emission unit with a NOx CEM system, or as determined by NOx emission
testing pursuant to subsection (
l) of this section for an
emission unit without a NOx CEM system, apply to the owner or operator of a
simple cycle combustion turbine:
Gas-fired |
Other oil-fired |
Simple cycle combustion turbine |
40 ppmvd |
50 ppmvd |
(D) For
Phase 2, the following non-ozone season emissions limitation applies to the
owner or operator of a simple cycle combustion turbine that is also an affected
unit. The averaging period for the non-ozone season limit is October 1 through
April 30:
Other oil-fired |
Non-ozone season limit (7 month
average) |
0.15 lb/MMBtu |
(5)
Combined cycle combustion
turbines.(A) For Phase 1, the
following emissions limitations, based on a daily block average for an emission
unit with a NOx CEM system, or as determined by NOx emission testing pursuant
to subsection (
l) of this section for an emission unit without
a NOx CEM system, apply to the owner or operator of a combined cycle combustion
turbine:
Gas-fired |
Other oil-fired |
Combined cycle combustion turbine |
42 ppmvd |
65 ppmvd |
(B) For
Phase 1, the following non-ozone season emissions limitations apply to the
owner or operator of a combined cycle combustion turbine that is also an
affected unit. The averaging period for the non-ozone season limit is October 1
through April 30:
Gas-fired |
Other oil-fired |
Non-ozone season limit (7 month
average) |
0.15 lb/MMBtu |
0.15 lb/MMBtu |
(C) For
Phase 2, the following emissions limitations, based on a daily block average
for an emission unit with a NOx CEM system, or as determined by NOx emission
testing pursuant to subsection (
l) of this section for an
emission unit without a NOx CEM system, apply to the owner or operator of a
combined cycle combustion turbine:
Gas-fired |
Other oil-fired |
Combined cycle combustion turbine |
25 ppmvd |
42 ppmvd |
(D) For
Phase 2, the following non-ozone season emissions limitation applies to the
owner or operator of a combined cycle combustion turbine that is also an
affected unit. The averaging period for the non-ozone season limit is October 1
through April 30:
Gas-fired |
Other oil-fired |
Non-ozone season limit (7 month
average) |
0.15 lb/MMBtu |
0.15 lb/MMBtu |
(6)
Reciprocating engines.
(A) For Phase 1, the following emissions
limitations, based on a daily block average for an emission unit with a NOx CEM
system, or as determined by NOx emission testing pursuant to subsection
(
l) of this section for an emission unit without a NOx CEM
system, apply to the owner or operator of a reciprocating engine:
Gas-fired (g/bk hp-hr) |
Other oil-fired (g/bk
hp-hr) |
Landfill gas or digester gas, alone or fired with
gas (g/bk hp-hr) |
Reciprocating engine |
2.5 |
8.0 |
2.5 |
(B) For
Phase 2, the following emissions limitations, based on a daily block average
for an emission unit with a NOx CEM system, or as determined by NOx emission
testing pursuant to subsection (
l) of this section for an
emission unit without a NOx CEM system, apply to the owner or operator of a
reciprocating engine:
Gas-fired (g/bk hp-hr) |
Other oil-fired (g/bk
hp-hr) |
Landfill gas or digester gas, alone or fired with
gas (g/bk hp-hr) |
Rich burn reciprocating engine |
1.5 |
1.5 |
2.0 |
Lean burn reciprocating engine |
1.5 |
2.3 |
2.0 |
(7) For an emission unit subject to this
section pursuant to subsection (b)(2) of this section, the owner or operator
shall comply with the emissions limitations identified in subdivisions (2) to
(6), inclusive, of this subsection, as appropriate to the type of emission
unit.
(8) For an emission unit of a
unit type that is not identified in subdivisions (2) to (6), inclusive, or
subdivision (9) of this subsection, which unit combusts fuel for heating
materials including air, NOx emissions shall not exceed 180 ppmvd, corrected to
12% carbon dioxide, based on a daily block average for an emission unit with a
NOx CEM system, or as determined by NOx emission testing pursuant to subsection
(l) of this section for an emission unit without a NOx CEM
system.
(9) For a fuel-burning
emission unit of a type listed in subparagraphs (A) to (E), inclusive, of this
subdivision that is fired by a fuel other than a fuel identified with an
emissions limitation in subdivisions (2) to (6), inclusive, of this subsection,
NOx emissions shall not exceed 0.3 lb/MMBtu for Phase 1 and 0.1 lb/MMBtu for
Phase 2, based on a daily block average for an emission unit with a NOx CEM
system, or as determined by NOx emission testing pursuant to subsection
(
l) of this section for an emission unit without a NOx CEM
system:
(A) A boiler serving an EGU;
(B) A simple cycle combustion
turbine;
(C) A combined cycle
combustion turbine;
(D) An ICI
boiler; or
(E) A reciprocating
engine.
(10) The owner or
operator of an emission unit that is capable of firing two or more fuels for
which a standard is designated in this subsection shall not cause or allow
emissions of NOx from such emission unit in excess of the following:
(A) For fuel-burning equipment that
simultaneously fires two or more fuels, an emissions limitation calculated by:
(i) Multiplying the heat input of each fuel
combusted by the emissions limitation in this subsection for the particular
emission unit and fuel used,
(ii)
Summing those products, and
(iii)
Dividing the sum by the total heat input; or
(B) For fuel-burning equipment that is
capable of interchangeably firing two or more fuels, the emissions limitation
in this subsection for the particular equipment and fuel
used.
(11) The following
averaging times for emissions limitations shall be applicable to the owner or
operator of an emission unit that has or is required to have a CEM system for
NOx:
(A) For a non-ozone season emissions
limitation, the period from October 1 to April 30, inclusive, including all
periods of operation, except as provided in subsection (m)(3) of this
section;
(B) For an ozone season
emissions limitation, the period from May 1 to September 30, inclusive,
including all periods of operation, except as provided in subsection (m)(3) of
this section;
(C) For any other
emissions limitation, a daily block average, including all periods of
operation, except as provided in subsection (m)(3) of this
section;
(12) An owner or
operator of an emission unit that does not monitor NOx emissions using a CEM
system shall determine compliance with the emissions limitations of this
subsection by performing NOx emission testing as required by subsection
(l) of this section.
(13) The owner or operator of an emission
unit for which construction commences on or after December 22, 2016 shall
achieve compliance with the applicable Phase 2 emissions limitations of this
section upon the date of initial operation.
(14) The owner or operator of an emergency
engine shall not operate the emergency engine for routine, scheduled testing or
maintenance on any day for which the commissioner has forecast that ozone
levels will be "moderate to unhealthy for sensitive groups" or greater. If,
subsequent to the initial forecast of "moderate to unhealthy for sensitive
groups" or greater, the forecast is revised to "moderate" or lower, the owner
or operator is no longer prohibited from operating the engine for routine,
scheduled testing or maintenance for the remainder of that day. An owner or
operator of an emergency engine may rely on an ozone forecast of "moderate" or
lower obtained after 3 p.m. on the preceding day. Subsequent changes to the
ozone forecast after 3 p.m. that forecast ozone levels of "moderate to
unhealthy for sensitive groups" or greater shall not obligate the owner or
operator to refrain from operation of the emergency engine at the facility on
the following day. The commissioner may exempt, by permit or order, the owner
or operator of an emergency engine from this subdivision if such emergency
engine is unattended and the testing is automated and cannot be modified from a
remote location.
(15) For a
combined cycle combustion turbine associated with a duct burner, the emissions
from the turbine and duct burner system in the aggregate, or either the turbine
or duct burner if the turbine or duct burner operates alone, shall at all times
be less than the applicable emissions limitations in subsection (d)(5) of this
section.
(16) Emissions limitations
in subsections (d)(4) and (d)(5) of this section quantified in units of ppmvd
shall be corrected to fifteen percent (15%) oxygen.
(17) If an emission unit may be subject to an
emissions limitation for more than one type of emission unit, the emission unit
is subject to the more stringent emissions limitation.
(18) If the electricity generating unit in a
combined heat and power system is a reciprocating engine, the emissions
limitations in subsection (d)(6) of this section apply and if the electricity
generating unit in a combined heat and power system is a combustion turbine,
the emissions limitations in subsection (d)(5) of this section apply.
(19) An owner or operator shall calculate an
emission unit's non-ozone season emission rate as the sum of the emission
unit's NOx emissions during the period from October 1 through April 30,
inclusive, divided by the sum of the emission unit's heat input during the
period from October 1 through April 30, inclusive.
(20) An owner or operator shall calculate an
emission unit's ozone season emission rate as the sum of the emission unit's
NOx emissions while firing the applicable fuel during the period from May 1
through September 30, inclusive, divided by the sum of the emission unit's heat
input while firing the applicable fuel during the period from May 1 through
September 30, inclusive.
(e) On and after December 22, 2016, an
individual permit or order issued to the owner or operator of an emission unit
subject to this section that uses any of the following terms shall be read as
follows:
(1) For "emergency" or "emergency
engine" as defined in former RCSA section
22a-174-22, the owner or operator
shall substitute "emergency" or "emergency engine" as defined in subsection (a)
of this section;
(2) If the phrase
"emergency engine as defined in RCSA section
22a-174-22" is used, the owner or
operator shall substitute "emergency engine as defined in RCSA section
22a-174-22 e(a);" and
(3) If the definition of "emergency engine"
or "emergency" as defined in RCSA section
22a-174-22 is referenced, the
owner or operator shall substitute the language of the applicable term as
defined in subsection (a) of this section.
(f)
Permanent cessation of
operation.
(1) Except as provided in
subdivision (2) of this subsection or subsection (n) of this section, the owner
or operator of an existing emission unit subject to this section who is unable
to comply with an emissions limitation of subsection (d) of this section at the
beginning of the Phase 1 or the Phase 2 period and who has not submitted a plan
pursuant to subsection (g) or a demonstration pursuant to subsection (h) of
this section shall cease operation as of the first day of the Phase 1 or Phase
2 period, as applicable. The owner or operator of the emission unit shall also
perform one of the following actions:
(A) If
the emission unit is operating pursuant to a permit or registration, submit a
request to the commissioner to revoke such permit or registration. Such a
request shall be submitted no later than the first day of the Phase 1 or Phase
2 period, as applicable; or
(B) If
the emission unit is not operating pursuant to a permit or registration, render
the unit physically inoperable no later than the first day of the Phase 1 or
Phase 2 period, as applicable, and submit a statement to the commissioner
signed by a responsible official and certified in accordance with RCSA section
22a-174-2 a stating that the
emission unit has been rendered physically inoperable. Such a statement shall
be submitted no later than the first day of the Phase 1 or Phase 2 period, as
applicable.
(2) An owner
or operator may enter into a legally enforceable cease operation agreement with
the commissioner that includes a date no later than May 31, 2019 for a Phase 1
emissions limitation on which operation shall cease.
(g)
Compliance options.
(1) Except as provided in subsection (n) of
this section, the owner or operator of an existing emission unit subject to
this section who is unable to operate the emission unit in accordance with an
applicable emissions limitation of subsection (d) of this section and for which
the owner or operator does not intend to submit a demonstration pursuant to
subsection (h) of this section or cease operation as provided in subsection (f)
of this section shall submit a plan to the commissioner to operate such
emission unit in accordance with a compliance option identified in this
subsection. Such a plan shall be submitted to the commissioner no later than
September 1, 2017, for a Phase 1 emissions limitation, or September 1, 2021,
for a Phase 2 emissions limitation. A compliance option provided in this
subsection shall be established by the commissioner through the issuance of an
order or permit modification to the owner or operator of such emission unit or
units.
(2) The owner or operator of
a boiler serving an EGU may operate the boiler serving the EGU in compliance
with one of the options listed in this subdivision in lieu of complying with
the applicable emissions limitations of subsection (d) of this section. The
options are available as an alternative to any Phase 1 or Phase 2 emissions
limitation set out in subsection (d) of this section, unless otherwise
specified. The actions specified in a compliance plan for a Phase 1 emissions
limitation shall be implemented no later than June 1, 2018 or, for a Phase 2
emissions limitation, no later than June 1, 2023, unless otherwise specified in
this subdivision:
(A) For a Phase 1 emissions
limitation, reduce the lb/MMBtu average emission rate from the subject emission
unit by at least 40% from a 2014 baseline average emission rate, as determined
by a CEM system in accordance with former section
22a-174-22 of the RCSA and
excluding periods of startup, shutdown or malfunction, or if the subject
emission unit does not have a CEM system, by the most recent emission test
performed pursuant to former section
22a-174-22 of the RCSA. An owner
or operator may request an alternative baseline year if the emissions in the
alternative year are more representative of typical unit operations;
(B) For a Phase 2 emissions limitation,
reduce the lb/MMBtu average emission rate from the subject emission unit by at
least 40% from a 2019 baseline emission rate, as determined by a CEM system in
accordance with subsection (m) of this section, or, if the subject emission
unit does not have a CEM system, by the most recent emission test performed
either pursuant to subsection (l) of this section or former
section 22a-174-22 of the RCSA. An owner
or operator may request an alternative baseline year if the emissions in the
alternative year are more representative of typical unit operations;
(C) For a Phase 1 emissions limitation, use
existing, banked, NOx DERCs to comply with the applicable emissions limitations
of subsection (d) of this section in accordance with an order or permit
modification issued by the commissioner;
(D) For the Phase 1 emissions limitations in
subparagraphs (A) and (B) of subsection (d)(2) of this section, accept an
enforceable cap on mass emissions or hours of operation. The enforceable cap
shall achieve the lower of a 40% reduction in subject emission unit 2014
allowable emissions or the average of the actual emissions for the two
non-overlapping consecutive 12-month periods between January 1, 2014 and March
1, 2017 with the highest actual emissions, determined as follows:
(i) Measured by a CEM system in accordance
with former section
22a-174-22 of the RCSA,
or,
(ii) If the subject emission
unit does not have a CEM system, calculated from the most recent emissions test
performed pursuant to former section
22a-174-22 of the
RCSA;
(E) For the Phase 2
emissions limitations in subparagraphs (C) and (D) of subsection (d)(2) of this
section, accept an enforceable cap on mass emissions or hours of operation. The
enforceable cap shall achieve the lower of a 40% reduction in subject emission
unit 2019 allowable emissions or the actual emissions over the consecutive
12-month period between June 1, 2018 and March 1, 2020 with the highest actual
emissions, determined as follows:
(i)
Measured by a CEM system in accordance with subsection (m) of this section,
or,
(ii) If the subject emission
unit does not have a CEM system, calculated from the most recent emissions test
performed pursuant to former section
22a-174-22 of the RCSA or
subsection (l) of this section, whichever
applies;
(F) For a Phase
1 emissions limitation, commit to combust only gas if a permit or registration
for the boiler serving an EGU allows the boiler to combust either gas or
residual oil or other oil. This option is only available if operation on gas
results in quantifiable annual NOx emissions equal to or less than the NOx
emissions expected if the boiler serving an EGU operated in compliance with the
applicable emissions limitations of subsection (d) of this section by
combusting residual oil or other oil and gas. This compliance option shall be
implemented no later than September 1, 2018. An owner or operator operating
under this option may enter into an interruptible supply agreement with the gas
supplier. If the supply of gas is curtailed in accordance with such agreement,
the owner or operator may operate the emission unit on an alternative fuel for
the period of the curtailment if the emission unit is operated to minimize
emissions for such alternative fuel type; or
(G) Commit to retire another unit or units
located at the same facility as the boiler serving an EGU. The unit or units to
be retired shall cease operations no earlier than May 3, 2016 and no later than
June 1, 2018 for a Phase 1 emissions limitation or no earlier than May 3, 2016
and no later than June 1, 2023 for a Phase 2 emissions limitation. This option
shall result in a reduction in maximum allowable mass emissions equal to or
greater than the NOx emissions reduction that would be achieved if:
(i) For a Phase 1 emissions limitation, the
boiler serving an EGU and the retired unit or units complied with the
applicable Phase 1 emissions limitations of subsection (d) of this section
during the consecutive 12-month period between January 1, 2014 and March 1,
2017 with the highest aggregate actual emissions for the boiler serving an EGU
and the unit or units to be retired, or,
(ii) For a Phase 2 emissions limitation, the
boiler serving an EGU and the retired unit or units complied with the
applicable Phase 2 emissions limitations in subsection (d) of this section
during the consecutive 12-month period between June 1, 2018 and March 1, 2020
with the highest aggregate actual emissions for the boiler serving an EGU and
the unit or units to be retired, and,
(iii) An emission reduction from a retirement
used as a Phase 1 compliance option shall not be used as a Phase 2 compliance
option.
(3) The
owner or operator of an ICI boiler may operate the ICI boiler in compliance
with one of the options listed in this subdivision in lieu of complying with
the applicable emissions limitations of subsection (d) of this section. The
options are available as an alternative to any Phase 1 or Phase 2 emissions
limitation set out in subsection (d) of this section unless otherwise
specified. The actions specified in a compliance plan for a Phase 1 emissions
limitation shall be implemented no later than June 1, 2018 or, for a Phase 2
emissions limitation, no later than June 1, 2023:
(A) For a Phase 1 emissions limitation,
reduce the lb/MMBtu average emission rate from the subject emission unit by at
least 40% from a 2014 baseline average emission rate, as determined by a CEM
system in accordance with former section
22a-174-22 of the RCSA and
excluding periods of startup, shutdown or malfunction, or, if the subject
emission unit does not have a CEM system, by the most recent emission test
performed pursuant to former section
22a-174-22 of the RCSA. An owner
or operator may request an alternative baseline year if the emissions in the
alternative year are more representative of typical unit operations;
(B) For a Phase 2 emissions limitation,
reduce the lb/MMBtu average emission rate from the subject emission unit by at
least 40% from a 2019 baseline average emission rate, as determined by a CEM
system in accordance with subsection (m) of this section, or, if the subject
emission unit does not have a CEM system, by the most recent emission test
performed either pursuant to subsection (l) of this section or former section
22a-174-22 of the RCSA. An owner
or operator may request an alternative baseline year if the emissions in the
alternative year are more representative of typical unit operations;
(C) For a Phase 1 emissions limitation, use
existing, banked, NOx DERCs to comply with the applicable emissions limitation
of subsection (d) of this section in accordance with an order or permit
modification issued by the commissioner;
(D) For the Phase 1 emissions limitations in
subparagraphs (A) and (B) of subsection (d)(3) of this section, accept an
enforceable cap on mass emissions or hours of operation. The enforceable cap
shall achieve the lower of a 40% reduction in subject emission unit 2014
allowable emissions or the average of the actual emissions for the two
non-overlapping consecutive 12-month periods between January 1, 2014 and March
1, 2017 with the highest actual emissions, determined as follows:
(i) Measured by a CEM system in accordance
with former section
22a-174-22 of the RCSA,
or,
(ii) If the subject emission
unit does not have a CEM system, calculated from the most recent emissions test
performed pursuant to former section
22a-174-22 of the
RCSA;
(E) For the Phase 2
emissions limitations in subparagraphs (C) and (D) of subsection (d)(3) of this
section, accept an enforceable cap on mass emissions or hours of operation. The
enforceable cap shall achieve the lower of a 40% reduction in subject emission
unit 2019 allowable emissions or the actual emissions over the consecutive
12-month period between June 1, 2018 and March 1, 2020 with the highest actual
emissions, determined as follows:
(i)
Measured by a CEM system in accordance with subsection (m) of this section,
or,
(ii) If the subject emission
unit does not have a CEM system, calculated from the most recent emissions test
performed pursuant to former section
22a-174-22 of the RCSA or
subsection (l) of this section, whichever applies;
(F) To satisfy the Phase 1 and Phase 2
emissions limitations of subsection (d)(3) of this section:
(i) Operate an ICI boiler subject to
40 CFR
63, Subpart DDDDD, as a "unit designed to
burn gas 1 subcategory," as defined in
40 CFR
63.7575, and comply with the emissions
limitation of subsection (d)(3)(A) of this section for operation on gas,
or
(ii) Operate an ICI boiler
subject to 40 CFR
63 Subpart JJJJJJ, as a "gas-fired boiler,"
as defined in 40 CFR
63.11237, and comply with the emissions
limitation of subsection (d)(3)(A) of this section for operation on gas;
or
(G) Commit to retire
another unit or units located at the same facility as the ICI boiler. The unit
or units to be retired shall cease operations no earlier than May 3, 2016 and
no later than June 1, 2018 for a Phase 1 emissions limitation or no earlier
than May 3, 2016 and no later than June 1, 2023 for a Phase 2 emissions
limitation. This option shall result in a reduction in maximum allowable mass
emissions equal to or greater than the NOx emissions reduction that would be
achieved if:
(i) For a Phase 1 emissions
limitation, the ICI boiler and the retired unit or units complied with the
applicable Phase 1 emissions limitations of subsection (d) of this section
during the consecutive 12-month period between January 1, 2014 and March 1,
2017 with the highest aggregate actual emissions for the ICI boiler and the
unit or units to be retired, or,
(ii) For a Phase 2 emissions limitation, the
ICI boiler and the retired unit or units complied with the applicable Phase 2
emissions limitations in subsection (d) of this section during the consecutive
12-month period between June 1, 2018 and March 1, 2020 with the highest
aggregate actual emissions for the ICI boiler and the unit or units to be
retired, and,
(iii) An emission
reduction from a retirement used as a Phase 1 compliance option shall not be
used as a Phase 2 compliance option.
(4) The owner or operator of a simple cycle
combustion turbine may operate the simple cycle combustion turbine in
compliance with one of the options listed in this subdivision in lieu of
complying with the applicable emissions limitations of subsection (d) of this
section. The options are available as an alternative to any Phase 1 or Phase 2
emissions limitation set out in subsection (d) of this section unless otherwise
specified. The actions specified in a compliance plan for a Phase 1 emissions
limitation shall be implemented no later than June 1, 2018 or, for a Phase 2
emissions limitation, no later than June 1, 2023:
(A) To satisfy the non-ozone season emissions
limitations in subsections (d)(4)(B) and (d)(4)(D) of this section, install and
operate water injection technology. Water injection technology shall be
operated at all times that the simple cycle combustion turbine is operating,
except as otherwise provided in a permit or order, and the water-to-fuel ratio
shall be continuously monitored. The water-to-fuel ratio that is acceptable
during operation shall be established during the initial performance test, or,
if the emission unit has a CEM system, during the initial relative accuracy
test audit;
(B) For a Phase 1
emissions limitation, reduce the lb/MMBtu average emission rate or ppmvd
average emission concentration from the subject emission unit by at least 40%
from a 2014 baseline average emission rate or concentration, as determined by a
CEM system in accordance with former section
22a-174-22 of the RCSA and
excluding periods of startup, shutdown or malfunction, or, if the subject
emission unit does not have a CEM system, by the most recent emission test
performed pursuant to former section
22a-174-22 of the RCSA. An owner
or operator may request an alternative baseline year if the emissions in the
alternative year are more representative of typical unit operations;
(C) For a Phase 2 emissions limitation,
reduce the lb/MMBtu average emission rate or ppmvd average emission
concentration from the subject emission unit by at least 40% from a 2019
baseline average emission rate or concentration, as determined by a CEM system
in accordance with subsection (m) of this section, or, if the subject emission
unit does not have a CEM system, by the most recent emission test performed
either pursuant to subsection (l) of this section or former
section 22a-174-22 of the RCSA. An owner
or operator may request an alternative baseline year if the emissions in the
alternative year are more representative of typical unit operations;
(D) For a Phase 1 emissions limitation, use
existing, banked, NOx DERCs to comply with the applicable emissions limitations
of subsection (d) of this section in accordance with an order or permit
modification issued by the commissioner;
(E) Reserved; or
(F) Commit to retire another unit or units
located at the same facility as the simple cycle combustion turbine. The unit
or units to be retired shall cease operations no earlier than May 3, 2016 and
no later than June 1, 2018 for a Phase 1 emissions limitation or no earlier
than May 3, 2016 and no later than June 1, 2023 for a Phase 2 emissions
limitation. This option shall result in a reduction in maximum allowable mass
emissions equal to or greater than the NOx emissions reduction that would be
achieved if:
(i) For a Phase 1 emissions
limitation, the simple cycle combustion turbine and the retired unit or units
complied with the applicable Phase 1 emissions limitations of subsection (d) of
this section during the consecutive 12-month period between January 1, 2014 and
March 1, 2017 with the highest aggregate actual emissions for the simple cycle
combustion turbine and the unit or units to be retired,
or,
(ii) For
a Phase 2 emissions limitation, the simple cycle combustion turbine and the
retired unit or units complied with the applicable Phase 2 emissions
limitations in subsection (d) of this section during the consecutive 12-month
period between June 1, 2018 and March 1, 2020 with the highest aggregate actual
emissions for the simple cycle combustion turbine and the unit or units to be
retired, and,
(iii) An emission
reduction from a retirement used as a Phase 1 compliance option shall not be
used as a Phase 2 compliance option.
(5) The owner or operator of a combined cycle
combustion turbine may operate the combined cycle combustion turbine in
compliance with one of the options listed in this subdivision in lieu of
complying with the applicable emissions limitations of subsection (d) of this
section. The options are available as an alternative to any Phase 1 or Phase 2
emissions limitation set out in subsection (d) of this section unless otherwise
specified. The actions specified in a compliance plan for a Phase 1 emissions
limitation shall be implemented no later than June 1, 2018 or, for a Phase 2
emissions limitation, no later than June 1, 2023, unless otherwise specified in
this subdivision:
(A) For a Phase 1 emissions
limitation, use existing, banked, NOx DERCs to comply with the applicable
emissions limitation of subsection (d) of this section in accordance with an
order or permit modification issued by the commissioner;
(B) Commit to combust only gas if a permit or
registration for the combined cycle combustion turbine allows the turbine to
combust either gas or other oil. This option is only available if operation on
gas results in quantifiable annual NOx emissions equal to or less than the NOx
emissions expected if the combined cycle combustion turbine operated in
compliance with the applicable emissions limitations of subsection (d) of this
section by combusting other oil and gas. For a Phase 1 emissions limitation,
this option shall be implemented no later than September 1, 2018. An owner or
operator operating under this option may enter into an interruptible supply
agreement with the gas supplier. If the supply of gas is curtailed in
accordance with such agreement, the owner or operator may operate the emission
unit on an alternative fuel for the period of the curtailment if the emission
unit is operated to minimize emissions for such alternative fuel type;
or
(C) Commit to retire another
unit or units located at the same facility as the combined cycle combustion
turbine. The unit or units to be retired shall cease operations no earlier than
May 3, 2016 and no later than June 1, 2018 for a Phase 1 emissions limitation
or no earlier than May 3, 2016 and no later than June 1, 2023 for a Phase 2
emissions limitation. This option shall result in a reduction in maximum
allowable mass emissions equal to or greater than the NOx emissions reduction
that would be achieved if:
(i) For a Phase 1
emissions limitation, the combined cycle combustion turbine and the retired
unit or units complied with the applicable Phase 1 emissions limitations of
subsection (d) of this section during the consecutive 12-month period between
January 1, 2014 and March 1, 2017 with the highest aggregate actual emissions
for the combined cycle combustion turbine and the unit or units to be retired,
or,
(ii) For a Phase 2 emissions
limitation, the combined cycle combustion turbine and the retired unit or units
complied with the applicable Phase 2 emissions limitations in subsection (d) of
this section during the consecutive 12-month period between June 1, 2018 and
March 1, 2020 with the highest aggregate actual emissions for the combined
cycle combustion turbine and the unit or units to be retired, and,
(iii) An emission reduction from a retirement
used as a Phase 1 compliance option shall not be used as a Phase 2 compliance
option.
(6) The
owner or operator of a reciprocating engine may operate the reciprocating
engine in compliance with one of the options listed in this subdivision in lieu
of complying with the applicable emissions limitations of subsection (d) of
this section. The options are available as an alternative to any Phase 1 or
Phase 2 emissions limitation of subsection (d) of this section unless otherwise
specified. The actions specified in a compliance plan for a Phase 1 emissions
limitation shall be implemented no later than June 1, 2018 or, for a Phase 2
emissions limitation, no later than June 1, 2023:
(A) For a Phase 1 emissions limitation,
reduce the g/bk hp-hr average emission rate from the subject emission unit by
at least 40% from a 2014 baseline average emission rate, as determined by a CEM
system in accordance with former section
22a-174-22 of the RCSA and
excluding periods of startup, shutdown or malfunction, or, if the subject
emission unit does not have a CEM system, by the most recent emission test
performed pursuant to former section
22a-174-22 of the RCSA. An owner
or operator may request an alternative baseline year if the emissions in the
alternative year are more representative of typical unit operations;
(B) For a Phase 2 emissions limitation,
reduce the g/bk hp-hr average emission rate from the subject emission unit by
at least 40% from a 2019 baseline average emission rate, as determined by a CEM
system in accordance with subsection (m) of this section, or, if the subject
emission unit does not have a CEM system, by the most recent emission test
performed either pursuant to subsection (l) of this section or
former section
22a-174-22 of the RCSA. An owner
or operator may request an alternative baseline year if the emissions in the
alternative year are more representative of typical unit operations;
(C) For a Phase 1 emissions limitation, use
existing, banked, NOx DERCs to comply with the applicable emissions limitations
of subsection (d) of this section in accordance with an order or permit
modification issued by the commissioner;
(D) Reserved; or
(E) Commit to retire another unit or units
located at the same facility as the reciprocating engine. The unit or units to
be retired shall cease operations no earlier than May 3, 2016 and no later than
June 1, 2018 for a Phase 1 emissions limitation or no earlier than May 3, 2016
and no later than June 1, 2023 for a Phase 2 emissions limitation. This option
shall result in a reduction in maximum allowable mass emissions equal to or
greater than the NOx emissions reduction that would be achieved if:
(i) For a Phase 1 emissions limitation, the
reciprocating engine and the retired unit or units complied with the applicable
Phase 1 emissions limitations of subsection (d) of this section during the
consecutive 12-month period between January 1, 2014 and March 1, 2017 with the
highest aggregate actual emissions for the reciprocating engine and the unit or
units to be retired, or,
(ii) For a
Phase 2 emissions limitation, the reciprocating engine and the retired unit or
units complied with the applicable Phase 2 emissions limitations in subsection
(d) of this section during the consecutive 12-month period between June 1, 2018
and March 1, 2020 with the highest aggregate actual emissions for the
reciprocating engine and the unit or units to be retired.
(iii) An emission reduction from a retirement
used as a Phase 1 compliance option shall not be used as a Phase 2 compliance
option.
(7) A
plan to operate in accordance with a compliance option provided in this
subsection shall include the following information:
(A) Legal name(s), address(es) and telephone
number(s) of the owner and operator of the emission unit that is the subject of
the compliance option. If the owner or operator is a corporation or a limited
partnership transacting business in Connecticut, provide the exact name as
registered with the Secretary of the State;
(B) Location address of the premises where
the emission unit is located;
(C)
Make and model of the emission unit;
(D) Actual emissions data, if available, or
the manufacturer's estimates of emissions, if available;
(E) Identification of the compliance option
that is the subject of the request and an explanation of the actions that will
be taken to operate in compliance with that option. If the chosen option
requires physical modification of an emission unit at the facility, a schedule
for the modifications;
(F) An
estimate of the NOx emissions reductions achieved through compliance with the
chosen option, including baseline emissions and the anticipated reduction
achieved, and a comparison of the NOx emissions reductions achieved through
compliance with the chosen option to the NOx emissions reductions that would
have occurred if the emission unit complied with the emissions limitations in
subsection (d) of this section; and
(G) Any other information requested by the
commissioner upon reviewing the request.
(8) If a compliance option requires a new or
modified permit pursuant to section
22a-174-3 a of the RCSA, the
owner or operator shall not commence an activity to implement the compliance
option until the owner or operator has applied for and been issued the required
permit or modification, except as otherwise authorized in section
22a-174-2 a(e)(3)(C) of the RCSA
subsequent to submission of a permit application.
(9) If the actions in a Phase 1 compliance
plan do not require the owner or operator to either use NOx DERCs or apply for
and obtain a permit under section
22a-174-3 a of the RCSA, the
owner or operator may take actions described in the plan no less than 60 days
after submitting the plan.
(10) Any
use of NOx DERCs for the purpose of complying with this section shall be:
(A) Consistent with the provisions of
40 CFR
51, Subpart U and the U.S. Environmental
Protection Agency's "Improving Air Quality with Economic Incentive Programs,"
(EPA-452/R-01-001: January 2001); and
(B) Used within five calendar years of the
year of generation.
(11)
Unless otherwise specified in a permit or order, every compliance option
provided in this subsection shall expire no later than May 1, 2028, by which
date the subject emission unit shall comply with the applicable emissions
limitations of this section or cease operation.
(h)
Case-by-case RACT
demonstration.
(1) An owner or
operator may request the commissioner's approval for a case-by-case emissions
limitation for an emission unit if the owner or operator demonstrates to the
commissioner's satisfaction that an emissions limitation of subsection (d) of
this section is not economically or technically feasible for the emission unit.
In such a request for a case-by-case RACT determination, the owner or operator
shall:
(A) Demonstrate that:
(i) The use of available emissions control
technology is either technologically or economically infeasible for the
emission unit that is the subject of the demonstration,
(ii) Each compliance option designated in
subsection (g) of this section is either technologically or economically
infeasible for the emission unit that is the subject of the demonstration,
and
(iii) For the purposes of this
subsection, economic feasibility is determined on a dollar/ton basis, where any
value determined using a method approved by the commissioner that is equal to
or less than $13,118/ton NOx reduced for a Phase 1 demonstration or $13,635/ton
NOx reduced for a Phase 2 demonstration is presumed economically
feasible;
(B) Recommend a
case-by-case RACT emissions limitation that represents the lowest emissions
limitation reasonable for the emission unit. An owner or operator may also
recommend additional actions that will reduce NOx emissions from stationary or
mobile sources in Connecticut such as, but not limited to, an operational
standard, work practices, a requirement to use air pollution control technology
on another unit at the facility, a reduction in electric demand, or an energy
efficiency improvement; and
(C)
Calculate the NOx emission reduction achievable by implementation of the
recommended emissions limitation and additional actions, if any, including the
method used and a comparison of the NOx emissions reductions achieved, if any,
through the recommended emissions limitation to the NOx emissions reductions
that would have occurred if the emission unit complied with the emissions
limitations in subsection (d) of this section. A case-by-case RACT
demonstration shall provide a net air quality benefit including real and
quantifiable reductions in NOx emissions from any facility in Connecticut under
control of the owner or operator submitting the demonstration. A reduction in
NOx emissions at a facility may be used in two or more case-by-case RACT
demonstrations if the emission units that are the subject of the demonstrations
and the facility at which the NOx emission reduction occurs are under control
of the same owner or operator.
(2) Except as provided in subdivision (11) of
subsection (n) of this section, a request for a case-by-case RACT determination
shall be submitted to the commissioner for review no later than June 1, 2017
for a Phase 1 emissions limitation or January 1, 2021 for a Phase 2 emissions
limitation. For a Phase 1 emissions limitation, an owner or operator who has
submitted a request and case-by-case RACT demonstration may operate in
accordance with the recommendations in the case-by-case RACT demonstration on
and after June 1, 2018 to comply with the applicable Phase 1 emissions
limitation if the commissioner has not approved the demonstration and if the
actions recommended in a Phase 1 case-by-case RACT demonstration do not require
the owner or operator to apply for and obtain a permit under RCSA section
22a-174-3 a. Such an owner or
operator may continue to operate in accordance with the recommendations in the
demonstration until the earlier of the date the commissioner issues a final
decision on the submitted demonstration or June 1, 2023.
(3) A case-by-case RACT emissions limitation
or additional actions shall be established in a permit or order issued by the
commissioner. Such case-by-case RACT emissions limitation shall apply to the
subject emission unit or units and any other equipment located in Connecticut
under the control of the owner or operator as described in the case-by-case
RACT demonstration and specified in the resulting permit or order. The
commissioner shall submit such order or permit to the Administrator for
approval.
(4) Unless otherwise
specified in an order or permit, operations in accordance with an approved
case-by-case demonstration shall expire no later than May 1, 2028, at which
time the owner or operator shall operate the subject emission unit or units in
compliance with the applicable emissions limitations and other requirements of
this section or cease operation.
(5) Concurrent with the request for a
case-by-case RACT determination, the owner or operator of the emission unit
that is the subject of the case-by-case demonstration may request the
imposition of a limitation on the potential NOx emissions or limitations on
fuel use, raw materials processed or hours of operation for such emission unit
for the commissioner's review and written approval. If approved by the
commissioner, such limitation shall be imposed by permit or order. Such permit
or order may also contain the commissioner's determination on the case-by-case
RACT demonstration.
(6) A request
for a case-by-case RACT determination submitted pursuant to this subsection
shall be made on forms prescribed by the commissioner and performed according
to procedures identified by the commissioner. A case-by-case RACT demonstration
shall include the following steps:
(A)
Identify all NOx emission control alternatives available for use on the
emission unit that is the subject of the demonstration. Available control
alternatives include lower emitting practices and processes such as the use of
control techniques and work practices, use of add-on control technologies or
improvement in the performance of installed control technologies, or a
combination of lower emitting practices and processes and add-on control
technologies;
(B) Eliminate
infeasible options from further consideration after identifying the physical,
chemical or engineering circumstance that would preclude successful use of the
control option;
(C) Evaluate the
control effectiveness of feasible alternatives in terms of NOx emissions
reduced based on the potential emissions of the emission unit prior to use of
the control alternative or the proposed emissions associated with the
limitation requested pursuant to subdivision (5) of this subsection;
(D) Evaluate the cost of each feasible
control alternative using a method approved by the commissioner. Cost shall be
evaluated on an annual basis (8760 hours/year) at full load, unless the
operation of the emission unit is subject to a practicably enforceable
limitation in existence prior to the submission of the case-by-case RACT
demonstration or the owner or operator has requested a limitation on NOx
emissions or unit operation in accordance with subdivision (5) of this
subsection; and
(E) Evaluate the
cost effectiveness of each feasible control alternative on an annual basis as
the cost in US dollars per ton of NOx reduced ($/ton), where NOx emissions
prior to control and after control are based on either:
(i) The potential NOx emissions of the
emission unit, as limited by any practicably enforceable conditions in
existence prior to the submission of the case-by-case RACT demonstration,
or
(ii) The proposed NOx emissions
of the emission unit based on a proposed limitation submitted in accordance
with subdivision (5) of this subsection.
(7) The case-by-case RACT determination
approved by the commissioner shall be no less stringent than the lowest NOx
emission rate achievable from the emission unit using a cost effective control
alternative determined in accordance with subdivision (6) of this subsection. A
cost effective control alternative shall have a cost effectiveness, expressed
in US dollars per ton of NOx reduced, equal to or less than the applicable
threshold established in subparagraph (A) of subdivision (1) of this
subsection.
(8) The net air quality
benefit obtained from the case-by-case RACT determination shall not include the
reduction in potential emissions of NOx associated with any proposed limitation
requested in accordance with subdivision (5) of this subsection.
(9) The owner or operator submitting a
request for a case-by-case RACT determination shall, prior to submitting the
request:
(A) Publish notice of such request
in a newspaper of general circulation in the area in which the emission unit
operates; and
(B) Notify the chief
elected official of the municipality in which the emission unit that is the
subject of the request is located.
(10) The owner or operator shall include a
copy of the notice as it appeared in the newspaper in the submission to the
commissioner of the case-by-case RACT demonstration and a signed statement
certifying that the owner or operator notified the chief elected official of
the municipality in which the emission unit that is the subject of the request
is located.
(11) The owner or
operator submitting a request for a case-by-case RACT determination shall hold
an informational hearing at which the owner or operator shall explain the
purpose of and basis for the request, if a request to hold such hearing is made
to the owner or operator no later than 14 days after the date of publication of
the notice required pursuant to subdivision (9) of this subsection. The
scheduled date for the hearing shall be no earlier than 30 days from the date
of publication of the notice required pursuant to subdivision (9) of this
subsection. If no request for the informational hearing is made within the 14
day period, the owner or operator may cancel the informational hearing. The
notice shall identify the method and time for announcing that the hearing has
been cancelled and provide a telephone number for the public to call to
determine if the public hearing will occur as noticed or is cancelled. Within
ten business days of the scheduled date of the public hearing, the owner or
operator shall submit to the commissioner a certification that either the
hearing was held as scheduled or that the hearing was cancelled for lack of a
request. If a hearing is held, the certification shall be accompanied by a list
of attendees and a summary of all comments made.
(12) The notice required pursuant to
subdivision (9) of this subsection shall include the following information:
(A) A description of the demonstration
sufficient for an interested person to understand the technical and economic
basis for the elements of the demonstration and the resulting request to the
Department, including the emission rate requested and the emissions limitation
that would apply to the emission unit for which the demonstration is made if
the request is not granted;
(B)
Identification of the name of the owner or operator; a description of the
emission unit to which the demonstration applies including the make and model,
capacity and purpose; the location of the emission unit; and the name, address
and telephone number of a person from whom more information about the
demonstration may be obtained;
(C)
The name, telephone number and electronic mail address of an individual from
whom an interested person may obtain a copy of the demonstration;
(D) The date, time and location of the public
informational hearing to be held, if any request for such hearing is submitted
by any member of the public within 14 days of the date of publication of the
notice, and the address for the public to send a request for such hearing;
and
(E) Indication that if no
request for the informational hearing is made by a member of the public to the
owner or operator by the date designated in the notice that such hearing will
not occur and specification for the method and time for announcing that the
hearing has been cancelled and a telephone number for the public to call to
determine if the public hearing will occur as noticed or is
cancelled.
(i)
Tune-up requirements.
(1) Except
as provided in subdivision (2) of this subsection or subdivision (12) of
subsection (n) of this section, the owner or operator of an ICI boiler or
reciprocating engine subject to this section shall conduct an inspection and
tune-up of the emission unit a minimum of once per calendar year beginning with
year 2018. Each subsequent annual tune-up shall be performed no earlier than
180 days after the previous tune-up conducted under this section. The
inspection and tune-up of the emission unit shall be conducted according to the
manufacturer"s recommended procedures, or, if the manufacturer"s
recommendations are no longer available, according to best available
practices.
(2) The owner or
operator of an emission unit that is subject to
40 CFR
60 or
40 CFR
63 and required to conduct a periodic tune-up
by the applicable requirements of
40 CFR
60 or
40 CFR
63 may conduct tune-ups according to the
schedule and procedures of the applicable requirements of
40 CFR
60 or
40 CFR
63. If the period between tune-ups in the
applicable requirements of 40 CFR 60 or
40 CFR
63 is greater than 60 months, a tune-up shall
be conducted at least once every 60 months.
(j)
Record keeping.
(1) The owner or operator of an emission unit
subject to this section shall retain all records and reports produced pursuant
to this section for five years. Such records and reports shall be available for
inspection at reasonable hours by the commissioner or the Administrator. Such
records and reports shall be retained at the premises where the emission unit
is located, unless the commissioner approves in writing the use of another
location in Connecticut.
(2) Except
as provided in subdivision (12) of subsection (n) of this section, the owner or
operator of an emission unit subject to this section shall make and keep the
following records on and after May 1, 2018:
(A) For an emergency engine not subject to
40 CFR
63 Subpart ZZZZ, records of total monthly
operating hours of such engine, identifying the dates and operating hours of
non-emergency use and the reason for non-emergency operation. For an emergency
engine subject to 40 CFR
63 Subpart ZZZZ, records shall be those
required by 40 CFR
63.6655;
(B) The date and work performed for repairs,
replacement of parts and other maintenance;
(C) Records of the dates and times of all
emission testing required by this section, the persons performing the
measurements, the testing methods used, the operating conditions at the time of
testing, and the results of such testing;
(D) For an emission unit that has or is
required to have a CEM system for NOx:
(i)
Records of all performance evaluations, calibration checks and adjustments on
such monitor,
(ii) A record of
maintenance performed,
(iii) All
data necessary to complete the quarterly reports required under subsection
(k)(3) of this section, and
(iv)
Charts, electronically stored data, and printed records produced by such CEM
system as needed to demonstrate compliance with the requirements of this
section;
(E) For each
tune-up, for each emission unit, conducted pursuant to subsection (i) of this
section:
(i) The date on which the emission
unit is tuned-up; the name, title and affiliation of the person performing the
tune-up, and a description of work performed, and
(ii) The procedures used to inspect and
perform adjustments;
(F)
Copies of all documents submitted to the commissioner pursuant to this section;
and
(G) Any other records or
reports required by an order or permit issued by the commissioner pursuant to
this section.
(k)
Reporting.
(1) Not more than 60 days after the
completion of emission tests conducted under subsection (l) of
this section, the owner or operator of such emission unit shall submit a
written report of the results of such testing to the commissioner.
(2) Not more than 60 days after the
completion of a certification test conducted under the requirements of
subsection (m) of this section, the owner or operator of such emission unit
shall submit a written report of the results of such testing to the
commissioner.
(3) The owner or
operator of any emission unit that has or is required to have a CEM system for
NOx shall submit to the commissioner, on forms provided by the commissioner,
written quarterly reports of excess emissions and CEM system malfunctions. Such
reports shall be submitted to the commissioner on or before January 30, April
30, July 30 and October 30 of each year and shall include:
(A) All daily block average data, in a format
acceptable to the commissioner, for the three calendar month period ending the
month before the due date of the report;
(B) The date and time of commencement and
completion of each period of excess emissions;
(C) The magnitude and suspected cause of the
excess emissions;
(D) Actions taken
to correct the excess emissions;
(E) The date and time when each malfunction
of the CEM system commenced and ended;
(F) Actions taken to correct each
malfunction; and
(G) If no excess
emissions or CEM system malfunctions occur during a quarter, the owner or
operator shall indicate that no excess emissions or malfunctions occurred
during the quarter.
(4)
Upon written notice, the commissioner may require any owner or operator subject
to this section to provide all hourly CEM data, in a format acceptable to the
commissioner, for the three calendar month period identified in such written
notice.
(l)
Emission testing.
(1) The owner
or operator of an emission unit subject to this section shall demonstrate
compliance with the applicable emissions limitations of this section by one of
the following means:
(A) Conducting periodic
emissions testing in accordance with this subsection;
(B) For an emission unit subject to
40 CFR
60 Subpart KKKK, conducting periodic
emissions testing in accordance with Subpart KKKK;
(C) For an emission unit subject to any other
New Source Performance Standard in
40 CFR
60, conducting periodic emissions testing in
accordance with the applicable New Source Performance Standard in
40 CFR
60, except as provided in subdivision (2) of
this subsection with respect to frequency and subdivision (7) of this
subsection with respect to load; or
(D) Installing and operating a CEM system for
NOx in accordance with subsection (m) of this section.
(3) The owner or operator of an emission unit
constructed after December 22, 2016 shall conduct an initial emission test to
demonstrate compliance with the Phase 2 emission limitations of this section no
later than one hundred eighty (180) days after the emission unit commences
operation.
(3) The owner or
operator of an emission unit constructed after the effective date of this
section shall conduct an initial emission test to demonstrate compliance with
the Phase 2 emission limitations of this section no later than one hundred
eighty (180) days after the emission unit commences operation.
(4) The owner or operator of an existing
emission unit shall conduct an initial emissions test on a date during Phase 1
that is no more than 63 calendar months following the date of the last emission
test performed pursuant to former section
22a-174-22(k) of
the RCSA.
(5) The owner or operator
of an existing emission unit subject to this section shall conduct the emission
test following the initial emissions test on a date after May 31, 2023 and no
later than June 1, 2025. Subsequently, an owner or operator shall conduct
emission tests within every 63 calendar months following the date the previous
emission test was conducted or the date the previous emission test was required
to be conducted, whichever is earlier.
(6) Each emission test shall be conducted in
accordance with section
22a-174-5 of the RCSA and
compliance with the emissions limitations of this section shall be determined
based on the average of three one-hour tests, each performed over a consecutive
60-minute period except as follows:
(A) As
otherwise specified in an applicable New Source Performance Standard in
40 CFR
60; or
(B) If the commissioner determines that three
one-hour tests are not reasonable given the location, configuration or
operating conditions of an emission unit, the commissioner may approve testing
where compliance with the emissions limitations of this section shall be
determined based on the average of test runs shorter than a one-hour period.
For the first time that an emissions unit is tested with a shorter than
one-hour test run as provided in this subdivision, approval of the commissioner
for a shorter than one-hour test run shall be received prior to testing by
submission of a request to the commissioner at least 120 days prior to the
scheduled testing. The request shall specify a test run duration and describe
why a shorter time period is necessary.
(7) An owner or operator shall demonstrate
compliance with the emissions limitations of this section using sampling and
analytical procedures under 40 CFR 60, Appendix A or, for
affected units, under 40 CFR
75, or under procedures in RCSA section
22a-174-5(d).
Sampling shall be conducted when the emission unit is at normal operating
temperature and, unless allowed otherwise by the commissioner in a permit or
order, is operating at or above 90 percent of maximum capacity, except as
follows:
(A) If the commissioner determines
that operating at or above 90 percent of maximum capacity for an emission unit
during sampling is not reasonable given the location, configuration or
operating conditions of an emission unit, the commissioner may approve testing
of an emission unit at an alternative maximum capacity where compliance with
the emissions limitations of subsection (d) of this section shall be determined
based on operating at or above 90 percent of the alternative maximum capacity
approved by the commissioner; and
(B) Any emission unit that has operated in
excess of 100 percent of its maximum capacity at any time since the most recent
performance test performed pursuant to this section shall be tested when the
emission unit is operating at or above 90 percent of its highest operating rate
since the most recent performance test performed pursuant to this
section.
(8) If an
emission unit owner or operator is unable to conduct scheduled emission testing
required by this subsection due to force majeure, the owner or operator shall
conduct the required emission testing as soon as practicable after the force
majeure event occurs.
(m)
Monitoring.
(1) The owner or
operator of any emission unit that emits more than one hundred (100) tons of
NOx from a single stack during any calendar year shall install, calibrate,
maintain, operate and certify a CEM system for NOx for each such stack in
accordance with section
22a-174-4 a of the RCSA. For an
emission unit subject to this section with a CEM system for NOx that was
installed for any purpose prior to adoption of this section, the owner or
operator shall calibrate, maintain, operate and certify such CEM system to
demonstrate compliance with this section.
(2) If an owner or operator uses a CEM system
to monitor NOx emissions, the owner or operator shall collect quality assured
CEM data for all emission unit operating conditions. Data collection shall
include periods of startup or shutdown, monitoring system malfunctions,
out-of-control periods, while conducting maintenance or repairs, and periods of
required monitoring system quality assurance or quality control activities,
such as calibration checks and required zero and span adjustments.
(3) Emissions data used to determine
compliance with the applicable emissions limitations of subsection (d) of this
section shall not include data collected during the following periods:
(A) When the monitoring system is
out-of-control as specified in the facility-specific monitoring plan;
(B) While conducting required monitoring
system quality assurance or quality control activities, including calibration
checks and required zero and span adjustments;
(C) While conducting maintenance or repairs
of the monitoring system to prevent or correct a malfunction; or
(D) When the emission unit is not
operating.
(4) The owner
or operator shall notify the commissioner in writing at least 30 days prior to
conducting any performance or quality assurance testing of any CEM for NOx. Any
such testing shall be conducted in accordance with a testing protocol approved
by the commissioner. Any CEM for NOx shall be installed, calibrated and
operated in accordance with the performance and quality assurance
specifications contained in section
22a-174-4 a of the RCSA and
40 CFR
60, Subpart A, Appendix B and Appendix F, or,
for affected units, 40 CFR
75.
(5) Compliance with the seasonal limits of
subsection (d) of this section shall be determined using emissions and
operating data for the entire five-month period for an ozone season emissions
limitation or for the entire seven-month period for a non-ozone season
emissions limitation, except as follows:
(A)
For the 2018 or 2023 ozone season, compliance shall be determined based on data
collected June 1 through September 30; or
(B) If an emission unit commences initial
operation during the ozone season or non-ozone season, compliance shall be
determined based only on the portion of the season in which the unit
operated.
(n)
Compliance by bumped-up RACT units.
(1) The owner or operator of a bumped-up RACT
unit shall comply with the applicable Phase 2 emissions limitations of
subsection (d) of this section no later than November 7, 2025.
(2) The owner or operator of a bumped-up RACT
unit who is unable to comply with the applicable Phase 2 emissions limitation
of subsection (d) of this section as of November 7, 2025 and who has not
submitted a plan pursuant to subdivision (3) of this subsection or a
demonstration pursuant to subdivision (11) of this subsection shall:
(A) Cease operation no later than November 7,
2025; and
(B) Perform one of the
following actions:
(i) If the bumped-up RACT
unit is operating pursuant to a permit or registration, submit a request to the
commissioner to revoke such permit or registration. Such a request shall be
submitted no later than November 7, 2025, or
(ii) If the bumped-up RACT unit is not
operating pursuant to a permit or registration, render the unit physically
inoperable no later than November 7, 2025 and submit a statement to the
commissioner signed by a responsible official and certified in accordance with
RCSA section
22a-174-2 a stating that the
emission unit has been rendered physically inoperable. Such a statement shall
be submitted no later than November 7, 2025.
(3) The owner or operator of a bumped-up RACT
unit who is unable to operate the emission unit in accordance with an
applicable Phase 2 emissions limitation of subsection (d) of this section and
for which the owner or operator does not intend to submit a demonstration
pursuant to subdivision (11) of this subsection or cease operation as provided
in subdivision (2) of this subsection shall submit a plan to the commissioner
to operate such bumped-up RACT unit in accordance with a compliance option
identified in subdivision (4), (5), (6), (7) or (8) of this subsection. Such a
plan shall be submitted to the commissioner no later than September 1, 2024 and
shall include all information specified in subdivision (7) of subsection (g) of
this section. A compliance option provided in this subsection shall be
established by the commissioner through the issuance of an order, permit or
permit modification to the owner or operator of such bumped-up RACT
unit.
(4) The owner or operator of
a bumped-up RACT unit that is a boiler serving an EGU may operate the boiler
serving the EGU in compliance with one of the options in subparagraph (B), (E)
or (G) of subdivision (2) of subsection (g) of this section in lieu of
complying with the applicable Phase 2 emissions limitation of subsection (d) of
this section. The actions specified in a compliance plan shall be implemented
no later than November 7, 2025. Any owner or operator that complies with this
subsection by implementing the option in subsection (g)(2)(G) of this section,
shall cease operation of the unit or units to be retired no earlier than
October 7, 2022 and no later than November 7, 2025.
(5) The owner or operator of a bumped-up RACT
unit that is an ICI boiler may operate the ICI boiler in compliance with one of
the options listed in subparagraph (B), (E), (F) or (G) of subdivision (3) of
subsection (g) of this section in lieu of complying with the applicable Phase 2
emissions limitation of subsection (d) of this section. The actions specified
in a compliance plan shall be implemented no later than November 7, 2025. Any
owner or operator that complies with this subsection by implementing the option
in subsection (g)(3)(G) of this section, shall cease operation of the unit or
units to be retired no earlier than October 7, 2022 and no later than November
7, 2025.
(6) The owner or operator
of a bumped-up RACT unit that is a simple cycle combustion turbine may operate
the simple cycle combustion turbine in compliance with any of the options
listed in subparagraph (A), (C) or (F) of subdivision (4) of subsection (g) of
this section in lieu of complying with the applicable Phase 2 emissions
limitation of subsection (d) of this section. The actions specified in a
compliance plan shall be implemented no later than November 7, 2025. Any owner
or operator that complies with this subsection by implementing the option in
subsection (g)(4)(F) of this section, shall cease operation of the unit or
units to be retired no earlier than October 7, 2022 and no later than November
7, 2025.
(7) The owner or operator
of a bumped-up RACT unit that is a combined cycle combustion turbine may
operate the combined cycle combustion turbine in compliance with subparagraph
(B) or (C) of subdivision (5) of subsection (g) of this section in lieu of
complying with the applicable Phase 2 emissions limitation of subsection (d) of
this section. The actions specified in a compliance plan shall be implemented
no later than November 7, 2025. Any owner or operator that complies with this
subsection by implementing the option in subsection (g)(5)(C) of this section,
shall cease operation of the unit or units to be retired no earlier than
October 7, 2022 and no later than November 7, 2025.
(8) The owner or operator of a bumped-up RACT
unit that is a reciprocating engine may operate the reciprocating engine in
compliance with subparagraph (B) or (E) of subdivision (6) of subsection (g) of
this section in lieu of complying with the applicable Phase 2 emissions
limitation of subsection (d) of this section. The actions specified in a
compliance plan shall be implemented no later than November 7, 2025. Any owner
or operator that complies with this subsection by implementing the option in
subsection (g)(6)(E) of this section, shall cease operation of the unit or
units to be retired no earlier than October 7, 2022 and no later than November
7, 2025.
(9) Any owner or operator
of a bumped-up RACT unit that implements a compliance option as provided in
subdivision (4), (5), (6), (7) or (8) of this subsection in lieu of complying
with the applicable Phase 2 emissions limitation of subsection (d) of this
section shall comply with subdivision (8) of subsection (g) of this section, as
necessary.
(10) Unless otherwise
specified in a permit or order, every compliance option provided in
subdivisions (4) to (8), inclusive, of this subsection shall expire no later
than May 1, 2028, by which date the subject emission unit shall comply with the
applicable Phase 2 emissions limitation of subsection (d) of this section or
cease operation.
(11) Any owner or
operator of a bumped-up RACT unit may request the commissioner"s approval for a
case-by-case emissions limitation for a bumped-up RACT unit as provided in
subsection (h) of this section. For a bumped-up RACT unit demonstration,
economic feasibility as provided in subsection (h)(1)(A)(iii) of this section
shall use a $13,635/ton NOx reduced threshold. A request for a case-by-case
RACT demonstration shall be submitted no later than June 1, 2024. As provided
in subsection (h)(4) of this section, operation of a bumped-up RACT unit in
accordance with a case-by-case demonstration shall expire no later than May 1,
2028, unless otherwise specified in an order or permit.
(12) Any owner or operator of a bumped-up
RACT unit shall:
(A) Comply with the tune-up
requirements of subsection (i) of this section beginning with year
2025;
(B) Make and keep records as
required in subsection (j) of this section beginning November 7,
2025;
(C) Make reports as required
in subsection (k) of this section;
(D) Conduct an initial emission test on a
date after November 7, 2025 but no later than November 7, 2026. Emission
testing shall be conducted as provided in subsection (l) of
this section; and
(E) Comply with
the monitoring requirements of subsection (m) of this
section.