Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.10-100,
224.20-100,
224.20-110,
224.20-120,
40
C.F.R. 51.121,
51.122,
40 C.F.R. 78, 97,
42 U.S.C.
7401-7671q
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(5) requires the
Environmental and Public Protection Cabinet to promulgate administrative
regulations for the prevention, abatement, and control of air pollution.
42
U.S.C. 7410 requires each state to promulgate
a plan which provides for implementation, maintenance, and enforcement of the
national primary and secondary ambient air quality standard in each air quality
control region within the state. Pursuant to the federal NOx SIP Call, this
administrative regulation provides for the regional control of nitrogen oxides
(NOx) emissions by establishing requirements for large stationary internal
combustion engines. This administrative regulation is not more stringent than
the federal mandate.
Section 1.
Definitions.
(1) "Affected engine" means any
stationary internal combustion engine or turbine that is:
(a) A Large NOx SIP Call Engine; or
(b) Another stationary internal combustion
engine or turbine that is subject to NOx control under a compliance plan
pursuant to this administrative regulation.
(2) "Facility seasonal NOx 2007 tonnage
reduction" means the total of the engine seasonal NOx 2007 tonnage reductions
attributable to all large NOx SIP Call Engines of an owner or
operator.
(3) "Large NOx SIP Call
Engine" means a stationary internal combustion engine identified and designated
in the NOx SIP Call Engine inventory as emitting more than one (1) ton of NOx
per average ozone season day in 1997.
(4) "NOx potential to emit" means the maximum
capacity of an engine to emit NOx under its physical and operational design or
applicable permit condition for a given period of time. Any physical limitation
on the capacity of a source's potential to emit an air pollutant, including air
pollution control equipment or combustion modification, shall be treated as
part of its design if the limitation is enforceable by the cabinet.
(5) "NOx SIP Call baseline period" or
"baseline period" means the period beginning May 1, 1997, and ending September
30, 1997, inclusive.
(6) "NOx SIP
Call baseline period utilization" means the amount of work performed by a NOx
SIP Call Engine during the baseline period in brake horsepower-hours
(bhp-hr).
(7) "NOx SIP Call Engine
inventory" means the NOx emission inventory, compiled by the U.S. EPA, that
includes:
(a) Technical amendments pursuant to
65 Fed. Reg. 11222, March 2, 2000; and
(b) The adjustment of the 2007 budget NOx
control efficiency to eighty-two (82) percent for large gas-fired engines
pursuant to 69 Fed. Reg. 21603, April 21, 2004.
(8) "Past NOx emission rate" means the
emission rate of an affected engine in grams per brake horsepower-hour
(g/bhp-hr), as determined by performance testing consistent with the
requirements of 40 C.F.R. Part 60 , Appendix A. If the performance test data
are not available, the rate means:
(a) The
uncontrolled emission rate for Large NOx SIP Call Engines; or
(b) A rate determined by the cabinet on a
case-by-case basis, using appropriate emission factors or data from the NOx SIP
Call Engine inventory.
(9) "Projected 2007 NOx tonnage reduction"
means the projected NOx reduction in tons during the 2007 control period,
calculated as the difference between the 2007 base emissions and the 2007
budget emissions. The Projected 2007 NOx tonnage reduction may be corrected
through an approved SIP revision.
(10) "Projected 2007 seasonal base NOx
emissions" or "2007 base emissions" means the projected uncontrolled NOx
emissions, in tons, for the 2007 control period as published in the NOx SIP
Call Inventory. The 2007 base emissions may be recalculated through an approved
SIP revision.
(11) "Projected 2007
seasonal budget NOx emissions" or "2007 budget emissions" means the projected
controlled NOx emissions in tons, for the 2007 control period as published in
the NOx SIP Call Inventory. The 2007 budget emissions may be recalculated
through an approved SIP revision.
(12) "Projected 2007 Ozone Season
utilization" or "2007 utilization" means the projected amount of work during
the 2007 control period performed by a NOx SIP Call Engine, calculated as the
1997 baseline utilization multiplied by the growth factor assigned to that
engine in the NOx SIP Call Inventory.
(13) "Projected NOx emission rate" means the
projected emission rate in grams per brake horsepower-hour after installation
of controls on an affected engine or the past NOx emission rate if controls are
not installed on an affected engine.
(14) "Projected operating hours" means the
projected actual number of hours of operation per ozone season for an affected
engine.
(15) "Projected brake
horsepower hours" means the projected actual number of brake horsepower hours
per ozone season for an affected engine.
(16) "Stationary internal combustion engine"
means any internal combustion engine of the reciprocating type that is either
attached to a foundation at a facility or is designed to be capable of being
carried or moved from one location to another and remains at a single site at a
building, structure, facility, or installation for more than twelve (12)
consecutive months. Any engine or engines that replace an engine at a site that
is intended to perform the same or similar function as the engine replaced
shall be included in calculating the consecutive time period.
Section 2. Applicability. This
administrative regulation shall apply to the owner or operator of any large NOx
SIP call engine.
Section 3.
Standard for Large NOx SIP Call Engines. On and after May 1, 2007, an owner or
operator of an affected engine shall not operate the engine during a control
period unless:
(1) The NOx emission rate for a
Large NOx SIP Call Engine is reduced from the Past NOx emission rate by at
least eighty-two (82) percent; or
(2) The owner or operator complies with the
requirements in Section 4 of this administrative regulation.
Section 4. Compliance Plan. On and
after May 1, 2007, an owner or operator shall not operate a Large NOx SIP Call
Engine during the control period unless the owner or operator complies with the
requirements of a compliance plan or reduces NOx emissions from that engine in
accordance with Section 3(1) of this administrative regulation.
(1) The compliance plan shall:
(a) Be approved by the cabinet in accordance
with Sections 4 through 8 of this administrative regulation;
(b) Include all affected engines at an
individual facility, several facilities, or at all facilities located in
Kentucky that are under the control of the same owner or operator;
(c) Be submitted to the cabinet by May 1,
2006;
(d) Include credit for
decreases in NOx emissions from Large NOx SIP Call Engines in Kentucky due to
NOx control equipment. The owner or operator shall also include credit for
decreases in NOx emissions from other affected engines in Kentucky due to NOx
control equipment that is not reflected in the 2007 Ozone Season Base NOx
Emissions in the NOx SIP Call Engine Inventory;
(e) Include credit for decreases in NOx
emissions due to reductions from shifting historic load capacity from an
uncontrolled engine to a controlled engine, electric motor, or turbine. The
owner or operator shall demonstrate to the satisfaction of the cabinet that a
quantifiable net reduction in NOx emissions has occurred or will occur due to a
direct shift of ozone season load capacity from an uncontrolled engine to a
controlled engine, electric motor, or turbine; and
(f) Provide the following information for
each affected engine:
1. A list of affected
engines subject to the plan that includes:
a.
Engine manufacturer;
b. Engine
model number;
c. Facility location
address; and
d. Facility
identification number.
2.
The projected ozone season hours of operation and supporting
documentation;
3. A description of
the NOx emissions control installed, or to be installed, and documentation to
support the Projected NOx Emission Rates;
4. The Past and Projected NOx Emission Rates
in grams per brake horsepower-hour;
5. A numerical demonstration that the
emission reductions obtained from all affected engines included in the
compliance plan will be equivalent to or greater than the owner or operator's
Facility Seasonal NOx 2007 Tonnage Reduction, based on the difference between
the Past NOx Emission Rate and the Projected NOx Emission Rate, multiplied by
the Projected brake horsepower hours for each affected engine, and considering
credit according to subsection (1)(d) and (e) of this section; and
6. Provisions for monitoring, reporting, and
recordkeeping.
(2) The Projected NOx Emission Rate in grams
per brake horsepower-hour for each affected engine shall be included in a
federally-enforceable permit.
Section
5. Compliance Demonstration.
(1)
Pursuant to the compliance plan required in Section 4, NOx emission reductions
shall be calculated according to the following criteria:
(a) For an affected engine to which a control
device is added, a combustion modification is made, or for reductions achieved
pursuant to Section 4(1)(e) of this administrative regulation after September
30, 1997, the NOx emission reductions shall equal the difference between the
past NOx emission rate and the projected NOx emission rate, multiplied by the
Projected brake horsepower hours during the control period.
(b) For an affected engine that is removed
from service after September 30, 1997, and the facility's operating capacity,
in brake horsepower-hours, equivalent to the removed affected engine's
projected utilization is replaced, in part or in total, during a control
period:
1. By a NOx emitting device installed
after September 30, 1997, the NOx emission reductions shall be the difference,
in tons, between the removed affected engine's projected 2007 base emissions
and the replacement device's seasonal potential to emit for the operating
capacity, in brake horsepower-hours, equivalent to the portion of the removed
affected engine's projected utilization that the device will replace, not to
exceed 100 percent;
2. By a device
that does not emit NOx installed after September 30, 1997, the NOx emission
reductions shall be the removed affected engine's projected 2007 base
emissions, multiplied by the percentage projected from utilization of the
replacement device, not to exceed 100 percent; or
3. By a device that does not emit NOx, and a
NOx emitting device is installed at the removed affected engine's facility
after the date that the device that does not emit NOx was installed, the NOx
emission reductions shall be the difference, in tons, between the removed
affected engine's projected 2007 base emissions, and the NOx emitting device's
seasonal potential to emit for its operating capacity, in tons, equivalent to
the portion of the removed affected engine's projected utilization that it will
replace, not to exceed 100 percent.
(2) The following shall not be considered NOx
emission reductions for compliance with this administrative regulation:
(a) A restriction on an affected engine's
hours of operation during a control period, including a prohibition from
operating;
(b) A NOx emission
limitation enforceable by the cabinet placed upon an affected engine to which
no control device was added, combustion modification made or for reductions
achieved pursuant to Section 4(1)(e) after September 30, 1997;
(c) The removal of an affected engine from
service if that affected engine is placed into service at another location
within Kentucky; or
(d) NOx
emission reductions achieved at a facility that is not owned or operated by the
person responsible for demonstrating compliance with this administrative
regulation.
(3)
Demonstrability and enforceability of NOx emission reductions.
NOx emission reductions, calculated in accordance with
subsection (1)(a) or (b) of this section, shall be demonstrable and enforceable
if:
(a) An hourly NOx emission
limitation unit, grams per brake horsepower-hours, is included in a permit
enforceable by the cabinet for the affected engine or replacement device that
is to be operated during a control period;
(b) The hourly NOx emission limitation is
equal to the hourly emission rate used to calculate the NOx potential to emit
for the affected engine or replacement device in the compliance plan;
and
(c) A performance test
conducted in accordance with Section 6 of this administrative regulation
determines that the affected engine or the replacement device is capable of
complying with the hourly NOx emission limitation.
(4) NOx emission reductions achieved to
comply with this administrative regulation shall not be considered creditable
for compliance with any other applicable requirement and shall not be
considered a contemporaneous emission decrease for the purposes of netting or
offsets.
Section 6.
Monitoring Requirements. An owner or operator of an affected engine shall:
(1) Complete an initial performance test
according to the requirements codified in Appendix A to 40 C.F.R. Part 60,
following the installation of emission controls required to achieve the
emissions limit in Section 3(1) of this administrative regulation.
(2) Perform periodic monitoring to yield
reliable data from the relevant time period that is representative of a
source's compliance with the emissions limit in Section 3(1) of this
administrative regulation. Periodic monitoring shall include either:
(a) Performance tests consistent with the
requirements of Appendix A to 40 C.F.R. Part 60, or portable monitors using
ASTM D6522-00,;
(b) A parametric
monitoring program that specifies operating parameters and their ranges that
will provide that each affected engine's emissions are consistent with the
provisions of Section 3 of this administrative regulation;
(c) A predictive emissions measurement system
that relies on automated data collection from instruments; or
(d) A continuous emission monitoring system
that complies with 40 C.F.R. Part 60 or Part 75 .
Section 7. Recordkeeping
Requirements. An owner or operator subject to this administrative regulation
shall:
(1) Maintain all records necessary to
demonstrate compliance with the provisions of this administrative regulation
for a period of two (2) calendar years where the affected engine is located,
and provide the records, upon request, to the cabinet and the U.S.
EPA;
(2) Maintain the following
records for each affected engine:
(a)
Identification and location of each affected engine;
(b) Calendar date of record;
(c) Number of hours the affected engine is
operated during each control period compared to the Projected Operating
Hours;
(d) Type and quantity of
fuel used; and
(e) Results of all
compliance tests.
Section
8. Reporting Requirements. An owner or operator subject to the
provisions of this administrative regulation shall submit the required reports,
compliance plans, and compliance test results to:
(1) Manager, Permit Review Branch, Kentucky
Division for Air Quality, 300 Sower Boulevard, Frankfort Kentucky 40601, (502)
564-3999; and
(2) The appropriate
Regional Office of the Division for Air Quality as follows:
(a) Ashland Regional Office, 1550 Wolohan
Drive, Suite 1, Ashland, Kentucky 41102, (606) 929-5285;
(b) Bowling Green Regional Office, 2642
Russellville Road, Bowling Green, Kentucky 42101, (270) 746-7475;
(c) Florence Regional Office, 8020 Veterans
Memorial Drive, Suite 110, Florence, Kentucky 41042, (859) 525-4923;
(d) Frankfort Regional Office, 300 Sower
Boulevard, Frankfort Kentucky 40601, (502) 564-3358;
(e) Hazard Regional Office, 233 Birch Street,
Suite 2, Hazard, Kentucky 41701, (606) 435-6022;
(f) London Regional Office, 875 South Main
Street, London, Kentucky 40741, (606) 878-0157;
(g) Owensboro Regional Office, 3032 Alvey
Park Drive, W., Suite 700, Owensboro, Kentucky 42303, (270) 687-7304;
or
(h) Paducah Regional Office, 130
Eagle Nest Drive, Paducah, Kentucky 42003, (270) 898-8468.
Section 9. Incorporation by
Reference.
(1) "ASTM D6522-00, Standard Test
Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen
Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines,
Combustion Turbines, Boilers, and process Heaters Using Portable Analyzers,
Book of ASTM Standards, February 10, 2000 and April 2000," is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Division for Air Quality, 300 Sower Boulevard, Frankfort Kentucky 40601, (502)
564-3999, Monday through Friday, 8 a.m. to 4:30 p.m.
(3) Copies are available for sale from the
American Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, Pennsylvania, 19428-2959, telephone (610) 832-9585, facsimile
(610) 832-9555, and the Internet
http://www.astm.org/.
STATUTORY AUTHORITY:
KRS
224.10-100(5),
224.20-110,
42
U.S.C. 7410