Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS
Subchapter C - COMBUSTION CONTROL AT MAJOR UTILITY ELECTRIC GENERATION SOURCES IN OZONE NONATTAINMENT AREAS
Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA UTILITY ELECTRIC GENERATION SOURCES
Section 117.1040 - Continuous Demonstration of Compliance

Universal Citation: 30 TX Admin Code § 117.1040

Current through Reg. 50, No. 13; March 28, 2025

(a) Nitrogen oxides (NOX) monitoring. The owner or operator of each unit subject to the emission specifications of this division (relating to Beaumont-Port Arthur Ozone Nonattainment Area Utility Electric Generation Sources), shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS), predictive emissions monitoring system (PEMS), or other system specified in this section to measure NOX on an individual basis. Each NO X monitor (CEMS or PEMS) is subject to the relative accuracy test audit relative accuracy requirements of 40 Code of Federal Regulations (CFR) Part 75, Appendix B, Figure 2, except the concentration options (parts per million by volume (ppmv) and pounds per million British thermal units) do not apply. Each NOX monitor must meet either the relative accuracy percent requirement of 40 CFR Part 75, Appendix B, Figure 2, or an alternative relative accuracy requirement of ± 2.0 ppmv from the reference method mean value.

(b) Carbon monoxide (CO) monitoring. The owner or operator shall monitor CO exhaust emissions from each unit subject to the emission specifications of this division using one or more of the methods specified in § 117.8120 of this title (relating to Carbon Monoxide (CO) Monitoring).

(c) CEMS requirements. The owner or operator of any CEMS used to meet a pollutant monitoring requirement of this section shall comply with the requirements of § 117.8110(a) of this title (relating to Emission Monitoring System Requirements for Utility Electric Generation Sources).

(d) Acid rain peaking units. The owner or operator of each peaking unit as defined in 40 CFR §72.2, may:

(1) monitor operating parameters for each unit in accordance with 40 CFR Part 75, Appendix E, §1.1 or §1.2 and calculate NOX emission rates based on those procedures; or

(2) use CEMS or PEMS in accordance with this section to monitor NOX emission rates.

(e) Auxiliary steam boilers. The owner or operator of each auxiliary steam boiler as defined in § 117.10 of this title (relating to Definitions) shall:

(1) install, calibrate, maintain, and operate a CEMS in accordance with this section; or

(2) comply with the appropriate (considering boiler maximum rated capacity and annual heat input) industrial boiler monitoring requirements of § 117.140 of this title (relating to Continuous Demonstration of Compliance).

(f) PEMS requirements. The owner or operator of any PEMS used to meet a pollutant monitoring requirement of this section shall comply with the following. The required PEMS and fuel flow meters must be used to demonstrate continuous compliance with the emission specifications of this division.

(1) The PEMS must predict the pollutant emissions in the units of the applicable emission specifications of this division.

(2) The PEMS must meet the requirements of § 117.8110(b) of this title.

(g) Stationary gas turbine monitoring for NO X reasonably available control technology (RACT). The owner or operator of each stationary gas turbine subject to the emission specifications of § 117.1005 of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)), instead of monitoring emissions in accordance with the monitoring requirements of 40 CFR Part 75, may comply with the following monitoring requirements:

(1) for stationary gas turbines rated less than 30 megawatts (MW) or peaking gas turbines (as defined in § 117.10 of this title) that use steam or water injection to comply with the emission specifications of § 117.1005(g) of this title:
(A) install, calibrate, maintain, and operate a CEMS or PEMS in compliance with this section; or

(B) install, calibrate, maintain, and operate a continuous monitoring system to monitor and record the average hourly fuel and steam or water consumption. The system must be accurate to within ± 5.0%. The steam-to-fuel or water-to-fuel ratio monitoring data must be used for demonstrating continuous compliance with the applicable emission specification of § 117.1005 of this title; and

(2) for stationary gas turbines subject to the emission specifications of § 117.1005(f) of this title, install, calibrate, maintain, and operate a CEMS or PEMS in compliance with this section.

(h) Totalizing fuel flow meters. The owner or operator of units listed in this subsection shall install, calibrate, maintain, and operate totalizing fuel flow meters to individually and continuously measure the gas and liquid fuel usage. A computer that collects, sums, and stores electronic data from continuous fuel flow meters is an acceptable totalizer. In lieu of installing a totalizing fuel flow meter on a unit, an owner or operator may opt to assume fuel consumption at maximum design fuel flow rates during hours of the unit's operation. The units are:

(1) any unit subject to the emission specifications of this division;

(2) any stationary gas turbine with an MW rating greater than or equal to 1.0 MW operated more than 850 hours per year; and

(3) any unit claimed exempt from the emission specifications of this division using the low annual capacity factor exemption of § 117.1003(a)(2) of this title (relating to Exemptions).

(i) Run time meters. The owner or operator of any stationary gas turbine using the exemption of § 117.1003(a)(3) or (b) of this title shall record the operating time with an elapsed run time meter approved by the executive director.

(j) Loss of exemption. The owner or operator of any unit claimed exempt from the emission specifications of this division using the low annual capacity factor exemptions of § 117.1003(a)(2) or (3) of this title, shall notify the executive director within seven days if the applicable limit is exceeded.

(1) If the limit is exceeded, the exemption from the emission specifications of this division is permanently withdrawn.

(2) Within 90 days after loss of the exemption, the owner or operator shall submit a compliance plan detailing a plan to meet the applicable compliance limit as soon as possible, but no later than 24 months after exceeding the limit. The plan must include a schedule of increments of progress for the installation of the required control equipment.

(3) The schedule is subject to the review and approval of the executive director.

(k) Data used for compliance. After the initial demonstration of compliance required by § 117.1035 of this title (relating to Initial Demonstration of Compliance), the methods required in this section must be used to determine compliance with the emission specifications of § 117.1005 of this title or § 117.1010(a) of this title (relating to Emission Specifications for Attainment Demonstration). Compliance with the emission specifications may also be determined at the discretion of the executive director using any commission compliance method.

(l) Enforcement of NOX RACT limits. If compliance with § 117.1005 of this title is selected, no unit subject to § 117.1005 of this title may be operated at an emission rate higher than that allowed by the emission specifications of § 117.1005 of this title. If compliance with § 117.1015 of this title (relating to Alternative System-Wide Emission Specifications) is selected, no unit subject to § 117.1015 of this title may be operated at an emission rate higher than that approved by the executive director in accordance with § 117.1052(b) of this title (relating to Final Control Plan Procedures for Reasonably Available Control Technology).

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