Current through Register Vol. 56, No. 6, March 18, 2024
(a) This section shall apply to any owner or operator of a HEDD unit, or their successors or assigns, that operated on July 26, 2005, and that meets the following:
1. If a HEDD unit is a combustion turbine and was not controlled by water injection or SCR, or is a boiler and was not controlled by SCR or SNCR; and
2. The NO[x] emission rate of a HEDD unit was 0.15 pounds per MMBTU or greater. To determine the emissions rate of the HEDD unit, the owner or operator shall obtain the emission rate, in lb/MMBtu, for the HEDD unit for July 26, 2005 from the USEPA Clean Air Markets Division (CAMD) NO[x] emission data, which as of March 20, 2009 can be found at
http://camddataandmaps.epa.gov/gdm/.
(b) Each owner or operator identified in (a) above shall:
1. Prepare a 2009 HEDD Emission Reduction Compliance Demonstration Protocol, hereafter referred to as the 2009 Protocol, in accordance with (d) below. Each emission reduction measure that is used to obtain emission reductions shall be included in the 2009 Protocol;
2. Submit to the Department, at the address at (b)5 below, by May 19, 2009, a 2009 Protocol;
3. Obtain the NO[x] emission reductions determined by Equation 1 at (c) below, using one or more measures that meet the requirements at (d) below and that are listed in the 2009 Protocol, on each high electric demand day starting on May 19, 2009 through September 30, 2014, unless the Department has approved, pursuant to 7:27-19.22, a phased compliance plan with an initial compliance date that is after May 19, 2009;
4. Demonstrate that all NO[x] emission reductions required by (b)3 above were obtained. The owner or operator shall include this demonstration in the annual report at (k) below. Conduct any demonstration using:
i. Calculations that demonstrate that the owner or operator achieved all emission reductions required at (b)3 above; or
ii. The Department-approved method of demonstrating in the 2009 Protocol that implementation of the 2009 Protocol on each high electric demand day that occurred starting January 1, 2005 through December 31, 2007 would have resulted in at least as many tons of NO[x] emission reductions as would have been required by Equation 1 below. The owner or operator shall demonstrate that the owner or operator implemented the 2009 Protocol, or a modified protocol approved by the Department pursuant to (h) below, on each high electric demand day during the calendar year of the applicable annual report; and
5. Submit to the Department, at the address below, an annual report, pursuant to (k) below. Department of Environmental Protection
Division of Air Quality
Air Quality Permitting Program
Bureau of Air Permits
401 East State Street
Mail Code 401-02
PO Box 420
Trenton, NJ 08625-0420
(c) The owner or operator shall obtain the NO[x] emission reductions determined by Equation 1 on each high electric demand day pursuant to (b)3 above. Equation 1 is: ER = (BE / EF) X RF
Where:
ER, BE, EF and RF are in units of tons of NO[x] per high electric demand day (t/HEDD);
ER (Emission Reduction) = The total tons of NO[x] reductions that is required from an owner or operator on each high electric demand day;
BE (Baseline Emission) = The total tons of NO[x] that would be emitted on each high electric demand day, if the owner or operator did not implement any emission reduction measures. This calculation is based on total actual operation of HEDD units and total actual operation of new electric generating units installed to replace one or more HEDD units for that high electric demand day;
EF (Emission Factor) = The total tons of NO[x] that were emitted by all of the owner or operator's HEDD units on July 26, 2005. In order to calculate EF, the owner or operator shall obtain the NO[x] emitted, in tons, for each HEDD unit operated on July 26, 2005, from the EPA Clean Air Markets Division (CAMD) NO[x] emission data, which as of March 20, 2009 can be found at http://camddataandmaps.epa.gov/gdm/; and
RF (Reduction Factor) = The HEDD NO[x] emission reduction factor for each owner or operator shall be the sum of all Unit Reduction Factors (URF). A URF shall be calculated, in tons, for each HEDD unit that operated on July 26, 2005, using the following equation:
URF = (UE X C)
Where:
URF (Unit Reduction Factor) = The reduction of NO[x] emissions, in tons, emitted by a HEDD unit on July 26, 2005 that would have occurred if the unit had been controlled;
UE (Unit Emissions) = The tons of NO[x] emissions emitted by a HEDD unit on July 26, 2005 obtained from the EPA Clean Air Markets Division (CAMD) NO[x] emission data, which as of March 20, 2009 can be found at http://camddataandmaps.epa.gov/gdm/; and
C (Control Factor) = If the HEDD unit is a combustion turbine that was not controlled with water injection or Selective Catalytic Reduction (SCR) on July 26, 2005, and the NO[x] emission rate of that unit was 0.15 lb/MMBtu or greater on July 26, 2005, then C is equal to 0.4. If the HEDD unit is a boiler that was not controlled with SCR or Selective Non-Catalytic Reduction (SNCR) controls on July 26, 2005, and the NO[x] emission rate of that unit was 0.15 lb/MMBtu or greater on July 26, 2005, then C is equal to 0.3. If the HEDD unit is a combustion turbine that was controlled with water injection or SCR on July 26, 2005, or is a boiler that was controlled with SCR or SNCR on July 26, 2005, or had a NO[x] emission rate of less than 0.15 lb/MMBtu on July 26, 2005, then C is equal to 0.
(d) The 2009 Protocol shall include the following:
1. The calculations performed in (c) above for EF and RF;
2. A list of measures used to obtain the required emission reductions determined by Equation 1. The measures must result in emission reductions that are real, quantifiable, enforceable, surplus, and are not required to comply with any State or Federal permit, regulation, enforceable agreement, or high electric demand day emission reduction program. Any of the following measures may be considered to achieve the required emission reductions:
i. Installation of a control apparatus on an existing HEDD unit that is located in New Jersey, Pennsylvania, Delaware, or Maryland;
ii. Reduction in the usage of any HEDD unit that is located in New Jersey, Pennsylvania, Delaware, or Maryland;
iii. Installation of a control apparatus on an existing non-HEDD unit that is located in New Jersey, Pennsylvania, Delaware, or Maryland;
iv. Commitment to combust natural gas in any HEDD unit that is permitted to combust either natural gas or fuel oil during high electric demand days when it would be economically preferred to combust fuel oil;
v. Implementation of an energy efficiency measure in New Jersey, as long as the energy efficiency measure was not committed to prior to May 19, 2009;
vi. Implementation of a demand response measure in New Jersey such as:
(1) A measure that shifts load, as long as the demand response measure was not committed to prior to May 19, 2009; or
(2) A measure that sheds load to clean distributed generation units, as long as the demand response measure was not committed to prior to May 19, 2009;
vii. Implementation of a renewable energy measure in New Jersey, as long as the renewable energy measure was not committed to prior to May 19, 2009; and
viii. Any other measure, approved by the Department, that provides NO[x] emission reductions and ozone air quality benefits to New Jersey.
3. The 2009 Protocol shall include, at a minimum, the following for each measure:
i. A complete description of the measure;
ii. A quantification of the emission reductions from the measure and how the quantification was determined;
iii. The reasons why this measure is not necessary under any current State or Federal permit, regulation, enforcement agreement, or high electric demand day emission reduction program;
iv. The methods to be used to calculate and verify emission reductions;
v. Monitoring requirements to ensure that the emission reductions determined by Equation 1 are achieved. This shall include, but not be limited to, the following, as applicable, for each electric generating unit:
(1) Fuel flow/firing rate instrument to monitor fuel consumption;
(2) CEMs monitoring of NOx emissions or monitoring of any parameter that can be used to calculate the NOx emissions; and
(3) Stack testing; and
vi. A list of records to be maintained pursuant to the requirements of 7:27-19.19. The records maintained should be sufficient to document that the emission reductions determined by Equation 1 are achieved. This shall include, but not be limited to the records, as applicable, listed in (e) below, for each high electric demand day.
(e) The list of records to be maintained pursuant to (d)3vi above are the following:
1. The date of each high electric demand day;
2. The actions taken to reduce emissions;
3. The start and end time for operation of each EGU operated during that high electric demand day;
4. The total hours of operation for each EGU in (e)3 above;
5. The type of fuel combusted by each EGU in (e)3 above;
6. The hourly fuel use for each EGU in (e)3 above;
7. The hourly load in MW for each EGU in (e)3 above;
8. The hourly heat input in MMBtu/hr to each EGU in (e)3 above;
9. The hourly water injection rate for each EGU in (e)3 above;
10. The hourly ammonia injection rate for each EGU in (e)3 above;
11. The catalytic bed temperature for each EGU in (e)3 above;
12. The CEM values or documentation on how the baseline and actual NO[x] emission rates were calculated for each EGU in (e)3 above;
13. Any other data needed to calculate baseline and actual NO[x] emissions for each EGU in (e)3 above;
14. Calculations and results for the following:
i. Baseline NO[x] emissions (BE in Equation 1, at (c) above);
ii. Actual NO[x] emissions after 2009 Protocol control measures, calculated pursuant to the approved 2009 Protocol;
iii. Required NO[x] emission reduction (ER in Equation 1, at (c) above); and
iv. Actual NO[x] emission reduction (BE - actual emissions resulting from 2009 Protocol measures);
15. The fuel prices for that high electric demand day; and
16. Any other records necessary to document the emission reductions achieved.
(f) Within 30 calendar days after receiving a proposed 2009 Protocol, the Department will notify the owner or operator in writing whether the proposed 2009 Protocol includes all of the information required under (d) above. If the proposed 2009 Protocol is incomplete:
1. The Department will include in the notice a list of the deficiencies, a statement of the additional information required to make the proposed 2009 Protocol complete, and a time by which the owner or operator must submit a complete proposed 2009 Protocol;
2. The owner or operator shall correct the deficiencies listed in the Department's notice within the time stated in the Department's notice; and
3. The Department may disapprove the proposed 2009 Protocol if the owner or operator fails to correct the deficiencies within the time stated in the Department's notice.
(g) The Department may approve, revise and approve, or disapprove the proposed 2009 Protocol based on whether or not the proposed 2009 Protocol contains the contents required by (d) above. Except for (g)3 below, until the Department approves a proposed 2009 Protocol, implementation of the proposed 2009 Protocol constitutes compliance with (b)3 above. The Department will notify the owner or operator of the Department's action in writing as follows:
1. If the Department approves the proposed 2009 Protocol, the Department will notify the owner or operator in writing of the Department's approval;
2. If the Department revises the proposed 2009 Protocol and approves the revised proposed 2009 Protocol, the Department will notify the owner or operator in writing of the Department's revision and approval. In this notification the Department will list all revisions the Department made to the proposed 2009 Protocol, and include a compliance schedule if time is necessary to implement the revisions; or
3. If the Department disapproves the proposed 2009 Protocol, the Department will notify the owner or operator in writing of the Department's disapproval. In this notification the Department will include a list of the reasons for disapproval and a list of changes or additional information needed to make the proposed 2009 Protocol compliant with (d) above and approvable. If the owner or operator does not submit a revised proposed 2009 Protocol, with all information required by the Department's notification, to the Department at the address at (b)5 above within 60 days of receiving the Department's notification, then one of the following shall apply:
i. If the owner or operator fails to submit a revised proposed 2009 Protocol by the deadline, implementation of the proposed 2009 Protocol shall no longer constitute compliance with (b)3 above after the deadline; or
ii. If the owner or operator submits a revised proposed 2009 Protocol that does not include all information required by the Department's notification, implementation of the proposed 2009 Protocol shall no longer constitute compliance with (b)3 above after the Department notifies the owner or operator that the revised proposed 2009 Protocol is still not approvable.
(h) The owner or operator may revise the 2009 Protocol at any time as follows:
1. The owner or operator shall submit to the Department, at the address at (b)5 above, a proposed revised 2009 Protocol. The proposed revised 2009 Protocol shall include all the information required by (d) above;
2. The Department will notify the owner or operator of any deficiencies pursuant to (f) above; and
3. The Department will approve, revise and approve, or disapprove the proposed revised 2009 Protocol based on whether or not the proposed 2009 Protocol contains the contents required by (d) above. The Department will notify the owner or operator of the action in writing.
(i) If the owner or operator of an electric generating unit that is included in an approved 2009 Protocol changes between May 19, 2009 and September 30, 2014, the old owner or operator shall submit a revised 2009 Protocol to the Department, at the address in (b)5 above, within 30 calendar days of the change taking place, for approval in accordance with (h) above. The revised 2009 Protocol shall demonstrate that all required emission reductions will continue to be obtained, and shall clearly define how the required emission reductions will be obtained henceforth and which owner or operator shall be responsible for achieving the required emission reductions. Any shared responsibility for the emission reductions shall be clearly defined in the revised 2009 Protocol.
(j) An owner or operator may implement any emission reduction measure that meets the requirements at (d) above if the owner or operator has obtained all necessary permit modifications pursuant to N.J.A.C. 7:27-8 and 22, submits a revised 2009 Protocol to the Department at the address at (b)5 above within 30 days of implementing the measure, and maintains compliance with all other applicable provisions of N.J.A.C. 7:27.
(k) Each owner or operator identified in (a) above shall submit an annual report for calendar years 2009 through 2014. Each annual report shall be submitted to the Department to the address at (b)5 above, by January 30th of the following year. (For example, the annual report for 2009 is due on January 30, 2010.) At a minimum, the annual report shall include the following information, as applicable, for each measure and each high electric demand day:
1. The actions taken to reduce emissions;
2. The baseline and actual emissions in total tons;
3. For measures not associated with an EGU unit, the annual report shall include any documentation required by the approved 2009 Protocol; and
4. For measures associated with an EGU unit, the annual report shall include:
i. The total hours of operation for each EGU;
ii. The type of fuel combusted;
iii. The hourly fuel use;
iv. The hourly load in MW;
v. The hourly heat input in MMBtu/hr;
vi. The hourly water injection rate;
vii. The hourly ammonia injection rate;
viii. The catalytic bed temperature;
ix. The CEM values or documentation on how the baseline and actual NO[x] emission rates were calculated;
x. Any other data used to calculate baseline and actual NO[x] emissions;
xi. The calculations and results for:
(1) Baseline NOx emissions (BE in Equation 1, at (c) above);
(2) Actual NOx emissions after emission reduction measures;
(3) Required NOx emission reduction (ER in Equation 1, at (c) above); and
(4) Actual NOx emission reduction (BE - actual emissions after emission reduction measures);
xii. Fuel prices; and
xiii. Any other documentation required by the Department in the approved 2009 Protocol.
