Current through Register Vol. 56, No. 6, March 18, 2024
(a) Any owner or operator listed at 7:27-19.29(a) who has submitted a phased compliance plan to the Department is authorized to comply with the plan if the Department approves the plan pursuant to this section and 7:27-19.14. The owner or operator's compliance with the plan is in lieu of achieving by May 19, 2009 the NO[x] emission reductions required by Equation 1 at 7:27-19.29(c).
(b) By June 9, 2009, an owner or operator seeking approval of a phased compliance plan shall submit to the Department an application for approval of the phased compliance plan pursuant to 7:27-19.14. If an owner or operator fails to submit the application by June 9, 2009, the Department may reject the application. The Department may elect to process a late application, based on how late the application is, the nature and extent of the owner or operator's efforts to submit the application on time, and whether the owner or operator advised the Department before the application due date that a late application would be submitted. If the Department elects to process a late application, the pendency of the application shall not be a defense to a violation of the requirement at 7:27-19.29(b)1 to achieve the NO[x] emission reductions calculated pursuant to Equation 1 at 7:27-19.29(c) to which the owner or operator is subject in the absence of an approved plan. In the application, the owner or operator shall include the following information in addition to the information required under 7:27-19.14:
1. The phased compliance plan described in (c) below;
2. A description of the steps that the owner or operator has taken to obtain compliance with the NOx emission reduction requirements at 7:27-19.29; and
3. For each measure included in the plan, a detailed explanation of the reasons why the owner or operator believes that implementation of the measure by May 19, 2009 is impracticable.
(c) The owner or operator shall include the following information in the phased compliance plan with respect to each measure included in the plan:
1. A description of the measure and how it is expected to reduce NO[x] emissions;
2. For each measure that requires modification of a combustion source, such as installation of a control apparatus, a proposed schedule setting dates by which the owner or operator will complete the following milestones for the measure:
i. Submit applications for all necessary permits and certificates;
ii. Obtain all necessary permits and certificates;
iii. Award contracts for the implementation of control measures or place orders for the purchase of component parts, equipment and/or control apparatus necessary to attain compliance with the applicable NO[x] emission limit under this subchapter;
iv. Initiate construction and/or installation of the component parts, equipment and/or control apparatus necessary to attain compliance with the applicable NO[x] emission limit under this subchapter; and
v. Attain full compliance with the NO[x] emission reduction determined by Equation 1 at 7:27-19.29(c);
3. For each NO[x]emission reduction measure that does not require modification of a combustion source, a proposed schedule setting dates by which the owner or operator shall complete all applicable milestones for implementing the measure; and
4. Any other information that the Department requests, which is reasonably necessary to enable it to determine whether each proposed NO[x] emission reduction measure will achieve the NO[x] emission reduction determined by Equation 1 at 7:27-19.29(c).
(d) The Department shall approve a phased compliance plan only if the following requirements are satisfied with respect to each NO[x] emission reduction measure included in the plan:
1. The application satisfies all the requirements of 7:27-19.14 and (b) above;
2. The information submitted under (b)2 above establishes that the owner or operator has made a good faith effort to obtain compliance with the NO[x] emission reduction determined by Equation 1 at 7:27-19.29(c) by implementing all available NO[x] emission reduction measures that can be reasonably implemented prior to May 19, 2009;
3. The information submitted under (b)3 above, evaluated in light of the criteria set forth in (e) below, establishes that it is impracticable for the NO[x]emission reduction measure to be implemented prior to May 19, 2009; and
4. The interim period is less than 12 months.
(e) In determining whether compliance with the emission reduction determined by Equation 1 at 7:27-19.29(c) by May 19, 2009 is impracticable, the Department shall apply the following criteria:
1. The amount of time needed to obtain all permits and certificates necessary to attain compliance, following the submission of an administratively complete application;
2. The amount of time needed to obtain all component parts and/or equipment necessary to obtain compliance, following the placement of orders for such parts and/or equipment. The estimate of time may reflect shortages in the supply of such parts and/or equipment;
3. The amount of time needed to complete construction and/or installation of the component parts and/or equipment necessary to attain compliance, following the initiation of construction and/or installation; and
4. The nature, extent and probability of any harm to public safety or welfare that could result from accelerating construction and/or installation in order to attain compliance by May 19, 2009. For example, if it were probable that the owner or operator of the electric generating utility could not attain compliance by that date without subjecting a substantial number of customers to voltage reductions and/or interruptions in electric service, that fact would be relevant in establishing impracticability.
(f) On the date that the approved phased compliance plan provides for the owner or operator to attain full compliance with the emission reduction determined by Equation 1 at 7:27-19.29(c), the Department's approval of the phased compliance plan shall expire. Upon expiration of the Department's approval, the owner or operator shall be subject to all applicable requirements of 7:27-19.29, including the NO[x] emission reduction that would have been required in the absence of an approved plan.
(g) An owner or operator who has obtained the Department's approval of a phased compliance plan shall:
1. Operate all combustion sources affected by the plan in a manner that complies with the plan and with all conditions of the Department's approval;
2. Meet all milestones in the approved phased compliance plan;
3. Within 15 days after the date of each milestone in the approved phased compliance plan, advise the Department in writing whether the owner or operator has met the milestone; and
4. During the interim period, control NO[x] emissions from all combustion sources as follows:
i. By adjusting the combustion process in accordance with 7:27-19.16, if the source's air-to-fuel ratio can be adjusted in a manner that reduces NO[x] emissions; or
ii. By seasonally combusting natural gas in accordance with 7:27-19.20, or implementing other measures that the Department determines are appropriate in light of the costs involved and the total quantity of NO[x] reductions that will be achieved until the full compliance date listed in (c)2v above.
