Current through Register Vol. 48, No. 38, September 20, 2024
a) The emission standards of Section
225.230(a)
are not applicable to an EGU that will be permanently shut down as described in
this Section:
1) The owner or operator of an
EGU that relies on this Section must complete the following actions before June
30, 2009:
A) Have notified the Agency that it
is planning to permanently shut down the EGU by the applicable date specified
in subsection (a)(3) or (4) of this Section. This notification must include a
description of the actions that have already been taken to allow the shut down
of the EGU and a description of the future actions that must be accomplished to
complete the shut down of the EGU, with the anticipated schedule for those
actions and the anticipated date of permanent shut down of the unit.
B) Have applied for a construction permit or
be actively pursuing a federally enforceable agreement that requires the EGU to
be permanently shut down in accordance with this Section.
C) Have applied for revisions to the
operating permits for the EGU to include provisions that terminate the
authorization to operate the unit in accordance with this Section.
2) The owner or operator of an EGU
that relies on this Section must, before June 30, 2010, complete the following
actions:
A) Have obtained a construction
permit or entered into a federally enforceable agreement as described in
subsection (a)(1)(B) of this Section; or
B) Have obtained revised operating permits in
accordance with subsection (a)(1)(C) of this Section.
3) The plan for permanent shut down of the
EGU must provide for the EGU to be permanently shut down by no later than the
applicable date specified below:
A) If the
owner or operator of the EGU is not constructing a new EGU or other generating
unit to specifically replace the existing EGU, by December 31, 2010.
B) If the owner or operator of the EGU is
constructing a new EGU or other generating unit to specifically replace the
existing EGU, by December 31, 2011.
4) The owner or operator of the EGU must
permanently shut down the EGU by the date specified in subsection (a)(3) of
this Section, unless the owner or operator submits a demonstration to the
Agency before the specified date showing that circumstances beyond its
reasonable control (such as protracted delays in construction activity,
unanticipated outage of another EGU, or protracted shakedown of a replacement
unit) have occurred that interfere with the plan for permanent shut down of the
EGU, in which case the Agency may accept the demonstration as substantiated and
extend the date for shut down of the EGU as follows:
A) If the owner or operator of the EGU is not
constructing a new EGU or other generating unit to specifically replace the
existing EGU, for up to one year, i.e., permanent shut down of the EGU to occur
by no later than December 31, 2011; or
B) If the owner or operator of the EGU is
constructing a new EGU or other generating unit to specifically replace the
existing EGU, for up to 18 months, i.e., permanent shutdown of the EGU to occur
by no later than June 30, 2013; provided, however, that after December 31,
2012, the existing EGU must only operate as a back-up unit to address periods
when the new generating units are not in service.
b) Notwithstanding Sections
225.230
and
225.232,
any EGU that is not required to comply with Section
225.230
pursuant to this Section must not be included when determining whether any
other EGUs at the source or other sources are in compliance with Section
225.230.
c) If an EGU, for which
the owner or operator of the source has relied upon this Section in lieu of
complying with Section
225.230(a)
is not permanently shut down as required by this Section, the EGU must be
considered to be a new EGU subject to the emission standards in Section
225.237(a)
beginning in the month after the EGU was
required to be permanently shut down, in addition to any other penalties that
may be imposed for failure to permanently shut down the EGU in accordance with
this Section.
d) An EGU that has
completed the requirements of subsection (a) of this Section is exempt from the
monitoring and testing requirements in Sections
225.239
and
225.240.
e) An EGU that is scheduled for permanent
shut down pursuant to Section
225.294(b)
is exempt from the monitoring and testing requirements in Sections
225.239
and 225.240.
