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40 CFR 49.5512

This document is current through the April 11, 2016 issue of the Federal Register

§ 49.5512 Federal Implementation Plan Provisions for Four Corners Power Plant, 

Navajo Nation.

(a) Applicability. The provisions of this section shall apply to each owner or operator of the coal 

burning equipment designated as Units 1, 2, 3, 4, and 5 at the Four Corners Power Plant (the 

Plant) on the Navajo Nation Indian Reservation located in the Four Corners Interstate Air Quality 

Control Region (see 40 CFR 81.121). Units 1, 2, and 3 at the Four Corners Power Plant 

permanently ceased operation by January 1, 2014, pursuant to the requirements of paragraph 

(i)(3).

(b) Compliance Dates. Compliance with the requirements of this section is required upon the 

effective date of this rule unless otherwise indicated by compliance dates contained in specific 

provisions.

(c) Definitions. For the purposes of this sectionparagraphs (a) – (j):

(1) [reserved] Affirmative defense means, in the context of an enforcement proceeding, a 

response or defense put forward by a defendant, regarding which the defendant has the 

burden of proof, and the merits of which are independently and objectively evaluated in a 

judicial or administrative proceeding.

(2) Air pollution control equipment includes baghouses, particulate or gaseous scrubbers, 

and any other apparatus utilized to control emissions of regulated air contaminants which 

would be emitted to the atmosphere.

(3) Business Day. Business day means a normal working day, excluding weekends and

Federal Holidays.

(4) Daily average means the arithmetic average of the hourly values measured in a 24-hour 

period.

(5) Excess emissions means the emissions of air contaminants in excess of an applicable 

emissions limitation or requirement.

(6) Heat input means heat derived from combustion of fuel in a Unit and does not include 

the heat input from preheated combustion air, recirculated flue gases, or exhaust gases from 

other sources. Heat input shall be in accordance with 40 CFR Part 75.

(7) Malfunction means any sudden and unavoidable failure of air pollution control 

equipment or process equipment or of a process to operate in a normal or usual manner.

Failures that are caused entirely or in part by poor maintenance, careless operation, or any 

other preventable upset condition or preventable equipment breakdown shall not be 

considered malfunctions. This rule provides an affirmative defense to actions for penalties 

brought for excess emissions that arise during certain malfunction episodes. An affirmative 
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defense is not available if during the period of excess emissions, there was an exceedance of 

the relevant ambient air quality standard that could be attributed to the emitting source.

(8) Owner or Operator means any person who owns, leases, operates, controls, or supervises 

the Plant or any of the coal burning equipment designated as Units 1, 2, 3, 4, or 5 at the

Plant.

(9) Oxides of nitrogen (NOx) means the sum of nitric oxide (NO) and nitrogen dioxide (NO2) 

in the flue gas, expressed as nitrogen dioxide.

(10) Plant-wide basis means total stack emissions of any particular pollutant from all coal 

burning equipment at the Plant.

(11) Regional Administrator means the Regional Administrator of the Environmental 

Protection Agency (EPA) Region 9 or his/her authorized representative.

(12) Shutdown means the cessation of operation of any air pollution control equipment, 

process equipment, or process for any purpose. Specifically, for Units 1, 2, or 3, shutdown 

begins when the unit drops below 40 MW net load with the intent to remove the unit from 

service. For Units 4 or 5, shutdown begins when the unit drops below 300 MW net load with 

the intent to remove the unit from service.

(13) Startup means the setting into operation of any air pollution control equipment, process 

equipment, or process for any purpose. Specifically, for Units 1, 2, or 3, startup ends when 

the unit reaches 40 MW net load. For Units 4 or 5, startup ends when the unit reaches 400 

MW net load.

(14) 24-hour period means the period of time between 12:01 a.m. and 12 midnight.

(d) Emissions Standards and Control Measures. The following emission limits shall apply at all 

times. –

(1) Sulfur Dioxide. No owner or operator shall discharge or cause the discharge of sulfur dioxide 

(SO2) into the atmosphere in excess of:

(i) 12.0 percent of the potential combustion concentration assuming all of the sulfur in the 

coal is converted to SO2. This percent emitted is determined by a daily calculation of the 

plantwide heat input weighted annual average.

(ii) 17,900 pounds of total SO2 emissions per hour averaged over any consecutive three (3) 

hour period, determined on a plant-wide basis.

(2) Particulate Matter. No owner or operator shall discharge or cause the discharge of particulate 

matter from any coal burning equipment into the atmosphere in excess of 0.050 pounds per 

million British thermal unit (lb/MMBtu) of heat input (higher heating value), as averaged from 

three sampling runs, each at 60 minutes in duration, each collecting a minimum sample of 30 

dry standard cubic feet.

(3) [reserved] Dust. Each owner or operator shall operate and maintain the existing dust 

suppression methods for controlling dust from the coal handling and storage facilities. Within 

ninety (90) days after promulgation of this section, the owner or operator shall submit to the 
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Regional Administrator a description of the dust suppression methods for controlling dust from 

the coal handling and storage facilities, flyash handling and storage, and road sweeping 

activities. Within 548 days of promulgation of this section eEach owner or operator shall not 

emit dust with an opacity greater than 20 percent from any crusher, grinding mill, screening 

operation, belt conveyor, or truck loading or unloading operation.

(4) Opacity. No owner or operator shall discharge or cause the discharge of emissions from the 

stacks of Units 4 and 5 into the atmosphere exhibiting greater than 20% opacity, excluding 

uncombined water droplets, averaged over any six (6) minute period, except for one six (6) 

minute period per hour of not more than 27% opacity. Any unit for which the owner or operator 

installs, calibrates, maintains, and operates particulate matter CEMS under paragraph (e)(3) 

shall be exempt from the opacity standard in this paragraph (d)(4), and associated requirements 

in paragraphs (e) and (f) to demonstrate compliance with the opacity standard.

(5) Oxides of nitrogen. No owner or operator shall discharge or cause the discharge of NOx into 

the atmosphere in excess of the amounts specified below.

(i) From either Unit 1 or 2 in excess of 0.85 lb/MMBtu of heat input per unit, and 

from either Units 3, 4, or 5 in excess of 0.65 lb/MMBtu of heat input per unit 

averaged over any successive thirty (30) boiler operating day period from Units 4 

and 5;

(ii) In excess of 335,000 lb per 24-hour period when coal burning equipment is 

operating, on a plant-wide basis; for each hour when coal burning equipment is not 

operating, this limitation shall be reduced. If the unit which is not operating is Unit 

1, 2, or 3, the limitation shall be reduced by 1,542 lb per hour for each unit which is 

not operating. If the unit which is not operating is Unit 4 or 5, the limitation shall be 

reduced by 4,667 lb per hour for each unit which is not operating.

(e) Testing and Monitoring. Upon completion of the installation of continuous emissions 

monitoring systems (CEMS) software as required in this section, cCompliance with the 

emissions limits set for SO2 and NOx shall be determined by using data from a CEMS unless 

otherwise specified in paragraphs (e)(2) and (e)(4) of this section. Compliance with the emissions 

limit set for particulate matter shall be tested annually, or at such other time as requested by the 

Regional Administrator, based on data from testing conducted in accordance with 40 CFR part 

60, appendix A, Methods 1 through 5, or any other method receiving prior written approval from 

the Regional Administrator. Compliance with the emissions limits set for opacity shall be 

determined by using data from a Continuous Opacity Monitoring System (COMS) except during 

saturated stack conditions (uncombined water droplets). If the baghouse is operating within its 

normal operating parameters, the baghouse is not fully closed, and a high opacity reading occurs, 

it will be presumed that the occurrence was caused by saturated stack conditions and shall not 

be considered a violation.

(1) The owner or operator shall maintain and operate CEMS for SO2, NO or NOx, a diluent 

and, for Units 4 and 5 only, COMS, in accordance with 40 CFR 60.8 and 60.13, and appendix 

B of 40 CFR part 60. Within six (6) months of promulgation of this section, the owner or 

operator shall install CEMS and COMS software which complies with the requirements of 
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this section. The owner or operator of the Plant may petition the Regional Administrator for 

extension of the six (6) month period for good cause shown. Completion of 40 CFR part 75 

monitor certification requirements shall be deemed to satisfy the requirements under 40 CFR

60.8 and 60.13 and appendix B of part 60. The owner or operator shall comply with the 

quality assurance procedures for CEMS found in 40 CFR part 75, and all reports required 

thereunder shall be submitted to the Regional Administrator.

The owner or operator shall provide the Regional Administrator notice in accordance with 

40 CFR 75.61.

(2) Sulfur Dioxide. For the purpose of determining compliance with this section, the sulfur 

dioxide inlet concentration (in lb/MMBtu) shall be calculated using the daily average percent 

sulfur and Btu content of the coal combusted. The inlet sulfur concentration and Btu content 

shall be determined in accordance with American Society for Testing and Materials (ASTM) 

methods or any other method receiving prior approval from the Regional Administrator. A 

daily fuel sample shall be collected using the coal sampling tower conforming to the ASTM 

specifications. The analyses shall be done on the daily sample using ASTM methods or any 

other method receiving prior approval from the Regional

Administrator.

(i) The inlet sulfur dioxide concentration shall be calculated using the following formula:

Is = 2(%Sf)/GCV x 104 English units

Where:

Is = sulfur dioxide inlet concentrations in pounds per million Btu;

%Sf = weight percent sulfur content of 

the fuel; and

GCV = Gross calorific value for the fuel in Btu per pound.

(ii) The total pounds of SO2 generated by burning the coal shall be calculated by 

multiplying the SO2 inlet concentration by the daily total heat input determined by the 

40 CFR Part 75 acid rain monitoring. This will determine the pounds of SO2 produced 

per day. The SO2 emitted from the stacks shall be determined by adding the daily SO2

emissions from each stack as determined by the 40 CFR Part 75 acid rain monitors. 

Compliance with the emission limit shall be determined for each day by adding that 

day’s SO2 emissions and that day’s SO2 produced to the previous 364 days and then 

dividing the 365 days of emissions by the 365 days of SO2 produced. Compliance is 

demonstrated if this fraction, converted to a percent, is equal to or less than 12.0 percent. 

The data from the 40 CFR Part 75 monitors shall not be bias adjusted. If a valid SO2

pounds per hour or heat input is not available for any hour for a unit, that heat input and 

SO2 pounds per hour shall not be used in the calculation of the annual plant-wide 

average.
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(3) To assure continuous compliance with the particulate matter limits in paragraph (d)(2), 

the owner or operator shall either conduct quarterly particulate matter testing in accordance 

with the testing specifications outlined in Table 5 of 40 CFR part 63 subpart UUUUU; or 

install, calibrate, operate, and maintain a continuous parametric monitoring system (CPMS) 

for that unit in accordance with 40 CFR part 63 subpart UUUUU; or install, calibrate, 

maintain, and operate particulate matter CEMS in accordance with 40 CFR part 63 subpart 

UUUUU. The owner or operator shall submit a written notification, in accordance with 

paragraph (f), of intent to demonstrate compliance with this paragraph by using a PM CEMS. 

This notification shall be sent at least 30 calendar days before the initial startup of the 

monitor for compliance determination purposes. The owner or operator may discontinue 

operation of the monitor and instead return to demonstration of compliance with this 

paragraph using quarterly PM testing by submitting written notification, in accordance with 

paragraph (f), of such intent at least 30 calendar days before shutdown of the monitor for 

compliance determination purposes. Nothing in this paragraph replaces or supersedes the 

requirements for PM CEMS in the August 17, 2015 Consent Decree under paragraph (k). 

Particulate Matter. Particulate matter emissions shall be determined by averaging the results 

of three test runs. Each test run shall be sixty (60) minutes in duration and shall collect a 

minimum volume of thirty (30) dry standard cubic feet. Within six (6) months of 

promulgation of this section, particulate matter testing shall be conducted annually and at 

least six (6) months apart, with the equipment within 90 percent of maximum operation in 

accordance with 40 CFR 60.8 and Appendix A to 40 CFR Part 60. The owner or operator 

shall submit written notice of the date of testing no later than 21 days prior to testing. Testing 

may be performed on a date other than that already provided in a notice as long as notice of 

the new date is provided either in writing or by telephone or other means acceptable to the 

Region 9 Enforcement Office, and the notice is provided as soon as practicable after the new 

testing date is known, but no later than 7 days (or a shorter period as approved by the Region 

9 Enforcement Office) in advance of the new date of testing.

(4) Oxides of nitrogen. The total daily plant-wide oxides of nitrogen emissions in pounds of 

NO2 per day shall be calculated using the following formula:

TTTT =

∑ ∑ iiii × HHiiii mm

=1 nnii=1

Where:

TE = total plant-wide nitrogen dioxide emissions (lb NO2 /day);

Eij = hourly average emissions rate of each unit (lb NO2 /MMBtu); 

Hij = hourly total heat input for each unit (MMBtu); 

n = the number of units of coal burning equipment operating during the hour;
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m = the number of operating hours in a day, from midnight to midnight.

(5) Continuous emissions monitoring shall apply during all periods of operation of the coal 

burning equipment, including periods of startup, shutdown, and malfunction, except for 

CEMS breakdowns, repairs, calibration checks, and zero and span adjustments. Continuous 

monitoring systems for measuring SO2, NOx, and diluent gas shall complete a minimum of 

one cycle of operation (sampling, analyzing, and data recording) for each successive 15-

minute period. Hourly averages shall be computed using at least one data point in each 

fifteen minute quadrant of an hour. Notwithstanding this requirement, an hourly average 

may be computed from at least two data points separated by a minimum of 15 minutes 

(where the unit operates for more than one quadrant in an hour) if data are unavailable as a 

result of performance of calibration, quality assurance, preventive maintenance activities, or 

backups of data from data acquisition and handling system, and recertification events. When 

valid SO2 pounds per hour, NO2 pounds per hour, or NO2 pounds per million Btu emission 

data are not obtained because of continuous monitoring system breakdowns, repairs, 

calibration checks, or zero and span adjustments, emission data must be obtained by using 

other monitoring systems approved by the EPA to provide emission data for a minimum of 

18 hours in at least 22 out of 30 successive boiler operating days. If a parameter essential for 

determining either the SO2 pound per hour or the heat input is not valid or unavailable, that 

hour for that unit shall not be used in calculating the percent emissions of SO2 for the plantwide limit. The necessary software for determining compliance with the SO2 plantwide 

annual average shall be installed and operating within 180 days of the effective date of this 

rule. The first day for determining compliance with the plantwide SO2 limit shall be 365 

days after the successful installation of the software.

(6) If the opacity standard in paragraph (d)(4) applies, the owner or operator shall 

demonstrate compliance with the opacity standard using one of the following options:

(i) operate Continuous Opacity Monitoring Systems (COMS) and The owner or operator 

shall maintain a set of opacity filters to be used as audit standards. Compliance with the 

opacity standard during periods of dry (unsaturated) stack conditions shall be 

determined using COMS. Compliance with the opacity standard during periods of wet 

(saturated) stack conditions shall be determined using visible emission performance 

testing specified in 40 CFR part 60 appendix A-4, Method 9, during the duration of the 

saturated stack condition, or

(ii) install, calibrate, operate, and maintain a continuous parametric monitoring system 

(CPMS) for that unit in accordance with 40 CFR part 63 subpart UUUUU, including the 

requirements for the development of site-specific monitoring plans and recordkeeping 

and reporting; and conduct periodic performance testing of visible emissions using the 

procedures specified in paragraphs 40 CFR 60.49Da(a)(3), or

(iii) monitor performance of the baghouses using a bag leak detection system in 

accordance with 40 CFR 60.48Da(o)(4), or an alternative bag leak detection system 

approved by the EPA, including requirements for the development of site-specific 

monitoring plans and recordkeeping and reporting; and conduct periodic performance 

testing of visible emissions using the procedures specified in paragraph 40 CFR 

60.49Da(a)(3).
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(7) Nothing herein shall limit EPA’s ability to ask for a test at any time under Section 114 

of the Clean Air Act, 42 U.S.C. 7414, and enforce against any violation.

(8)In order to provide reasonable assurance that the scrubbers for control of particulate 

matter from Units 1, 2, and 3 are being maintained and operated in a manner consistent with 

good air pollution control practice for minimizing emissions, the owner or operator shall 

comply with the following provisions:

(i)The owner or operator shall develop a plan to monitor, record, and report parameter(s) 

indicative of the proper operation of the scrubbers to provide a reasonable assurance of 

compliance with the particulate matter limits in paragraph (d)(2) of this section. The 

owner or operator shall submit this plan to the Regional Administrator no later than sixty 

(60) days after the effective date of this FIP. The owner or operator shall implement this 

plan within 90 days of approval by the Regional Administrator and shall commence 

reporting the data generated pursuant to the monitoring plan in accordance with the 

schedule in paragraph (e)(8)(v) of this section. If requested by the Regional 

Administrator, this plan shall be revised and submitted to the Regional Administrator 

for approval within sixty (60) days of the request. The revised plan shall be implemented 

within sixty (60) days of the Regional Administrator’s approval.

(ii)In the event that the owner or operator is unable to develop the plan required in 

paragraph (e)(8)(i) of this section due to technical difficulties, fails to submit the plan 

within sixty (60) days of the effective date of this FIP, or the Regional Administrator 

disapproves the plan, the owner or operator shall install and operate devices to measure 

the pressure drop across each scrubber module and the total flow of scrubbing liquid to 

the venturi section of each scrubber module. The data from these instruments shall be 

monitored and recorded electronically. A minimum of one reading every 15 minutes 

shall be used to calculate an hourly average which shall be recorded and stored for at 

least a five-year period. The owner or operator shall report in an electronic format either 

all hourly data, or one-hour averages deviating by more than 30 percent from the levels 

measured during the last particulate matter stack test that demonstrated compliance with 

the limit in this section. The owner or operator shall implement this requirement no later 

than one hundred eighty (180) days after the effective date of this FIP if it failed to 

submit the plan within sixty (60) days after the effective date of this FIP; or no later than 

60 days after the Regional Administrator’s disapproval of the plan.

(iii)The monitoring required under paragraphs (e)(8)(i) and (e)(8)(ii) of this section shall 

apply to each Unit at all times that the Unit is operating, except for monitoring 

malfunctions, associated repairs, and required quality assurance or control activities 

(including, as applicable, calibration checks and required zero and span adjustments). A 

monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of 

the monitoring to provide valid data. Monitoring failures that are caused in part by poor 

maintenance or careless operation are not malfunctions.
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(iv)The owner or operator may petition the Regional Administrator for an extension of

the sixty (60) day deadline. Such extension shall be granted only if the owner or operator 

demonstrates to the satisfaction of the Regional Administrator that:

(A)The delay is due to technical infeasibility beyond the control of the owner or 

operator; and

(B)The requested extension, if granted, will allow the owner or operator to 

successfully complete the plan.

(v)The owner or operator shall submit to the Regional Administrator reports of the 

monitoring data required by this section semi-annually. The reports shall be postmarked 

within 30 days of the end of each calendar quarter.

(vi)The owner or operator shall develop and document a quality assurance program for 

the monitoring and recording instrumentation. This program shall be updated or 

improved as requested by the Regional Administrator.

(vii)In the event that a program for parameter monitoring on Units 1, 2, and 3 is approved 

pursuant to the Compliance Assurance Monitoring rule, 40 CFR Part 64, such program 

will supersede the provisions contained in paragraph (e)(8) of this section.

(f) Reporting and Recordkeeping Requirements. Unless otherwise stated aAll requests, reports, 

submittals, notifications, and other communications to the Regional Administrator or 

Administrator required by this section paragraph (f) and references therein shall be submitted, 

unless instructed otherwise, to the Director, Navajo Environmental Protection Agency, P.O. Box 

339, Window Rock, Arizona 86515, (928) 871-7692, (928) 871-7996 (facsimile);, and to the 

Director, Air Division, U.S. Environmental Protection Agency, Region IX, to the attention of 

Mail Code: AIR-35, at 75 Hawthorne Street, San Francisco, California 94105, (415) 972-

397490, (415) 947-3579 (facsimile);, or by email at and to the Director, Enforcement Division, 

U.S. Environmental Protection Agency, to the attention of Mail Code ENF-2-1, at 75 Hawthorne 

Street, San Francisco, California, 94105, (415) 972-3982, or by email to r9.aeo@epa.gov. For 

each unit subject to the emissions limitation in this section and upon completion of the 

installation of CEMS and COMS as required in this section, the owner or operator shall comply 

with the following requirements:

(1) For each emissions limit in this section, comply with the notification and recordkeeping 

requirements for CEMS and COMS compliance monitoring in 40 CFR 60.7(c) and (d) , and 

for visible emissions testing, if applicable under paragraph (e)(6), record and report results 

of the tests in accordance with 40 CFR 60.7(d). For Units 4 and 5, periods of excess opacity 

due to water droplets shall be reported in the summary report required by 40 CFR 60.7(d).

(2) For each day, provide the 365 day percent SO2 emitted, the total SO2 emitted that day, 

and the total SO2 produced that day. For any hours on any unit where data for SO2 hourly 

pounds or heat input is missing, identify the unit number and monitoring device that did not 

produce valid data that caused the missing hour.
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(3) Furnish the Regional Administrator with reports describing the results of the annual 

particulate matter emissions tests postmarked within sixty (60) days of completing the tests. 

Each report shall include the following information:

(i) The test date;

(ii) The test method;

(iii) Identification of the coal burning equipment tested;

(iv) Values for stack pressure, temperature, moisture, and distribution of velocity heads; 

(v) Average heat input;

(vi) Emissions data, identified by sample number, and expressed in pounds per 

MMBtu; 

(vii) Arithmetic average of sample data expressed in pounds per MMBtu; and 

(viii) A description of any variances from the test method.

(4) Excess Emissions Report. 

(i) For excess emissions (except in the case of saturated stack conditions), the owner or 

operator shall notify the Navajo Environmental Protection Agency Director and the U.S. 

Environmental Protection Agency Regional Administrator by telephone or in writing 

within one business day (initial notification). A complete written report of the incident 

shall be submitted to the Navajo Environmental Protection Agency Director and the U.S. 

Environmental Protection Agency Regional Administrator within ten (10) working days 

of the initial notification. The complete written report shall include: This notification 

should be sent to the Director, Navajo Environmental Protection Agency, by mail to: 

P.O. Box 339, Window Rock, Arizona 86515, or by facsimile to: (928) 871-7996 

(facsimile), and to the Regional Administrator, U.S. Environmental Protection Agency, 

by mail to the attention of Mail Code: AIR-5, at 75 Hawthorne Street, San Francisco, 

California 94105, by facsimile to: (415) 947-3579 (facsimile), or by e-mail to:

r9.aeo@epa.gov

. The complete written report shall include:

(A) The name and title of the person reporting;

(B) The identity and location of the Plant and Unit(s) involved, and the emissions 

point(s), including bypass, from which the excess emissions occurred or are 

occurring; 

(C) The time and duration or expected duration of the excess emissions;

(D) The magnitude of the excess emissions expressed in the units of the applicable 

emissions limitation and the operating data and calculations used in determining the 

magnitude of the excess emissions;

(E) The nature of the condition causing the excess emissions and the reasons why 

excess emissions occurred or are occurring;
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(F) If the excess emissions were the result of a malfunction, the steps taken to remedy 

the malfunction and the steps taken or planned to prevent the recurrence of such 

malfunction;

(G) For an opacity exceedance, the 6-minute average opacity monitoring data or 

visible emission performance test results greater than 20 percent for the 24 hours 

prior to and during the exceedance for Units 4 and 5; and

(H) The efforts taken or being taken to minimize the excess emissions and to repair 

or otherwise bring the Plant into compliance with the applicable emissions limit(s) 

or other requirements. For this reporting requirement, excess opacity due to saturated 

stack conditions is exempted.

(ii) If the period of excess emissions extends beyond the submittal of the written report, 

the owner or operator shall also notify the Navajo Environmental Protection Agency 

Director and EPA Regional Administrator in writing of the exact time and date when 

the excess emissions stopped. Compliance with the excess emissions notification 

provisions of this section shall not excuse or otherwise constitute a defense to any 

violations of this section or of any law or regulation which such excess emissions or 

malfunction may cause.

(g) Equipment Operations. At all times, including periods of startup, shutdown, and malfunction, 

the owner or operator shall, to the extent practicable, maintain and operate the Plant including 

associated air pollution control equipment in a manner consistent with good air pollution control 

practices for minimizing emissions. Determination of whether acceptable operating and 

maintenance procedures are being used will be based on information available to the Regional 

Administrator which may include, but is not limited to, monitoring results, opacity observations, 

review of operating and maintenance procedures, and inspection of the Plant. With regard to the 

operation of the baghouses on Units 4 and 5, placing the baghouses in service before coal fires 

are initiated will constitute compliance with this paragraph. (If the baghouse inlet temperature 

cannot achieve 185 degrees Fahrenheit using only gas fires, the owner or operator will not be 

expected to place baghouses in service before coal fires are initiated; however, the owner or 

operator will remain subject to the requirements of this paragraph.) 

(h) Enforcement.

(1) Notwithstanding any other provision in this implementation plan, any credible evidence 

or information relevant to whether the Plant would have been in compliance with applicable 

requirements if the appropriate performance or compliance test had been performed, can be 

used to establish whether or not the owner or operator has violated or is in violation of any 

standard in the plan.

(2)During periods of startup and shutdown the otherwise applicable emission limits or 

requirements for opacity and particulate matter shall not apply provided that:

(i)At all times the facility is operated in a manner consistent with good practice for 

minimizing emissions, and the owner or operator uses best efforts regarding planning, 

design, and operating procedures to meet the otherwise applicable emission limit;
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(ii)The frequency and duration of operation in start-up or shutdown mode are minimized 

to the maximum extent practicable; and

(iii)The owner or operator’s actions during start-up and shutdown periods are 

documented by properly signed, contemporaneous operating logs, or other relevant 

evidence.

(3)Emissions in excess of the level of the applicable emission limit or requirement that occur 

due to a malfunction shall constitute a violation of the applicable emission limit. However, 

it shall be an affirmative defense in an enforcement action seeking penalties if the owner or 

operator has met with all of the following conditions:

(i)The malfunction was the result of a sudden and unavoidable failure of process or air 

pollution control equipment or of a process to operate in a normal or usual manner;

(ii)The malfunction did not result from operator error or neglect, or from improper 

operation or maintenance procedures;

(iii)The excess emissions were not part of a recurring pattern indicative of inadequate 

design, operation, or maintenance;

(iv)Steps were taken in an expeditious fashion to correct conditions leading to the 

malfunction, and the amount and duration of the excess emissions caused by the 

malfunction were minimized to the maximum extent practicable;

(v)All possible steps were taken to minimize the impact of the excess emissions on 

ambient air quality;

(vi)All emissions monitoring systems were kept in operation if at all possible; and

(vii)The owner or operator’s actions in response to the excess emissions were 

documented by properly signed, contemporaneous operating logs, or other relevant 

evidence.

(i) Regional Haze Best Available Retrofit Technology limits for this plant are in addition to the 

requirements of paragraphs (a) through (h) of this section. All definitions and testing and 

monitoring methods of this section apply to the limits in this paragraph (i) except as indicated in 

paragraphs (i)(1) through (4) of this section. The interim NOx emission limit in paragraph 

(i)(2)(ii) of this section shall be effective 180 days after re-start of the unit after installation of 

add-on post-combustion NOx controls for that unit and until the plant-wide limit goes into effect. 

The plant-wide NOx limit shall be effective no later than 5 years after October 23, 2012. The 

owner or operator may elect to meet the plant-wide limit early to remove the individual unit 

limits. Particulate limits for Units 4 and 5 shall be effective 60 days after restart following the 

scheduled major outage for Units 4 and 5 in 2013 and 2014.

(1) Particulate Matter from Units 4 and 5 shall be limited to 0.015 lb/MMBtu for each unit.

Particulate matter testing shall be performed in accordance with paragraph (e)(3) of this 

section. as measured by the average of three test runs with each run collecting a minimum 

of 60 dscf of sample gas and with a duration of at least 120 minutes. Sampling shall be 

performed according to 40 CFR Part 60 Appendices A-1 through A-3, Methods 1 through 4 
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and Method 5 or Method 5e. The averaging time for any other demonstration of the 

particulate matter compliance or exceedance shall be based on a 6-hour average. Particulate 

testing shall be performed annually as required by paragraph (e)(3) of this section. This test 

with 120 minute test runs may be substituted and used to demonstrate compliance with the 

particulate limits in paragraph (d)(2) of this section.

(2) Plant-wide nitrogen oxide emission limits.

(i) The plant-wide nitrogen oxide limit, expressed as nitrogen dioxide (NO2), shall be 

0.11 lb/MMBtu as averaged over a rolling 30-calendar day period. NOx emissions for 

each calendar day shall be determined by summing the hourly emissions measured as 

pounds of NO2 for all operating units. Heat input for each calendar day shall be 

determined by adding together all hourly heat inputs, in millions of Btu, for all operating 

units. Each day the rolling 30-calendar day average shall be determined by adding 

together that day’s and the preceding 29 days’ pounds of NO2 and dividing that total 

pounds of NO2 by the sum of the heat input during the same 30-day period. The results 

shall be the rolling 30-calendar day-average pound per million Btu emissions of NOx.

(ii) The interim NOx limit for the first 750 MW boiler retrofitted with add-on postcombustion NOx control shall be 0.11 lb/MMBtu, based on a rolling average of 30 

successive boiler operating days.

(iii) Schedule for add-on post-combustion NOx controls installation

(A) Within 4 years of the effective date of this rule, FCPP shall have installed addon post-combustion NOx controls on at least 750 MW (net) of generation to meet 

the interim emission limit in paragraph (i)(2)(ii)(A) of this section.

(B) Within 5 years of the effective date of this rule, FCPP shall have installed addon post-combustion NOx controls on all 2060 MW (net) of generation to meet the 

plant-wide emission limit for NOx in paragraph (i)(2)(i) of this section.

(iv) Testing and monitoring shall use the 40 CFR part 75 monitors and meet the 40 CFR 

part 75 quality assurance requirements. In addition to these 40 CFR part 75 

requirements, relative accuracy test audits shall be performed for both the NOx pounds 

per hour measurement and the heat input measurement. These shall have relative 

accuracies of less than 20 percent. This testing shall be evaluated each time the 40 CFR 

part 75 monitors undergo relative accuracy testing.

(v) If a valid NOx pounds per hour or heat input is not available for any hour for a unit, 

that heat input and NOx pounds per hour shall not be used in the calculation of the 30 

day plant-wide rolling average.

(vi) Upon the effective date of the plant-wide NOx average, the owner or operator shall 

have installed CEMS and COMS software that complies with the requirements of this 

section.

(3 ) In lieu of meeting the NOx requirements of paragraph (i)(2) of this section, FCPP may 

choose to permanently shut down Units 1, 2, and 3 by January 1, 2014 and meet the 

requirements of this paragraph to control NOx emissions from Units 4 and 5. By July 31, 
Page 13 of 13

2018, Units 4 and 5 shall be retrofitted with add-on post-combustion NOx controls to reduce 

NOx emissions. Units 4 and 5 shall each meet a 0.098 lb/MMBtu emission limit for NOx

expressed as NO2 based on a rolling average of 30 successive boiler operating days. A ′′boiler 

operating day′′ is defined as any 24-hour period between 12:00 midnight and the following 

midnight during which any fuel is combusted at any time at the steam generating unit. 

Emissions from each unit shall be measured with the 40 CFR part 75 continuous NOx

monitor system and expressed in the units of lb/MMBtu and recorded each hour. A valid 

hour of NOx data shall be determined per 40 CFR part 75. For each boiler operating day, 

every valid hour of NOx lb/MMBtu measurement shall be averaged to determine a daily 

average. Each daily average shall be averaged with the preceding 29 valid daily averages to 

determine the 30 boiler operating day rolling average. The NOx monitoring system shall 

meet the data requirements of 40 CFR 60.49Da(e)(2) (at least 90 percent valid hours for all 

operating hours over any 30 successive boiler operating days). Emission testing using 40 

CFR part 60 Appendix A Method 7E may be used to supplement any missing data due to 

continuous monitor problems. The 40 CFR part 75 requirements for bias adjusting and data 

substitution do not apply for adjusting the data for this emission limit.

(4) By January 1, 2013, the owner or operator shall submit a letter to the Regional 

Administrator updating EPA of the status of lease negotiations and regulatory approvals 

required to comply with paragraph (i)(3) of this section. By December 31, 2013, the owner 

or operator shall notify the Regional Administrator by letter whether it will comply with 

paragraph (i)(2) of this section or whether it will comply with paragraph (i)(3) of this section 

and shall submit a plan and time table for compliance with either paragraph (i)(2) or (3) of 

this section. The owner or operator shall amend and submit this amended plan to the 

Regional Administrator as changes occur.

(5) The owner or operator shall follow the requirements of 40 CFR part 71 for submitting an 

application for permit revision to update its Part 71 operating permit after it achieves 

compliance with paragraph (i)(2) or (3) of this section.

(j) Dust. Each owner or operator shall operate and maintain the existing dust suppression 

methods for controlling dust from the coal handling and ash handling and storage facilities. 

Within ninety (90) days after promulgation of this paragraph, the owner or operator shall develop 

a dust control plan and submit the plan to the Regional Administrator. The owner or operator 

shall comply with the plan once the plan is submitted to the Regional Administrator. The owner 

or operator shall amend the plan as requested or needed. The plan shall include a description of 

the dust suppression methods for controlling dust from the coal handling and storage facilities, 

ash handling, storage, and landfills, and road sweeping activities. Within 18 months of 

promulgation of this paragraph each owner or operator shall not emit dust with opacity greater 

than 20 percent from any crusher, grinding mill, screening operation, belt conveyor, or truck 

loading or unloading operation.

(k) Emission limitations from August 17, 2015 Consent Decree. The emission limitations and 

other requirements from this paragraph (k), originally contained in a Consent Decree filed on 
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August 17, 2015 in the United States District Court for the District of New Mexico, are in 

addition to the requirements in paragraphs (a) through (j) of this section.

(1) Definitions. Every term expressly defined in this paragraph (k) shall have the meaning 

given that term herein. Every other term used in this paragraph (k) that is also a term used 

under the Act or in a federal regulation implementing the Act shall mean what such term 

means under the Act or those regulations.

(i) A “30-Day Rolling Average NOx Emission Rate” for a Unit shall be expressed in 

lb/MMBtu and calculated in accordance with the following procedure: first, sum the 

total pounds of NOx emitted from the Unit during the current Unit Operating Day and 

the previous twenty nine (29) Unit Operating Days; second, sum the total heat input to 

the Unit in MMBtu during the current Unit Operating Day and the previous twenty-nine 

(29) Unit Operating Days; and third, divide the total number of pounds of NOx emitted 

during the thirty (30) Unit Operating Days by the total heat input during the thirty (30) 

Unit Operating Days. A new 30-Day Rolling Average NOx Emission Rate shall be 

calculated for each new Unit Operating Day. Each 30-Day Rolling Average NOx 

Emission Rate shall include all emissions that occur during all periods within any Unit 

Operating Day, including emissions from startup, shutdown, and Malfunction.

(ii) A “30-Day Rolling Average SO2 Removal Efficiency” means the percent reduction 

in the mass of SO2 achieved by a Unit’s FGD system over a thirty (30) Unit Operating 

Day period and shall be calculated as follows: step one, sum the total pounds of SO2

emitted as measured at the outlet of the FGD system for the Unit during the current Unit 

Operating Day and the previous twenty-nine (29) Unit Operating Days as measured at 

the outlet of the FGD system for that Unit; step two, sum the total pounds of SO2

delivered to the inlet of the FGD system for the Unit during the current Unit Operating 

Day and the previous twenty-nine (29) Unit Operating Days as measured at the inlet to 

the FGD system for that Unit (this shall be calculated by measuring the ratio of the 

lb/MMBtu SO2 inlet to the lb/MMBtu SO2 outlet and multiplying the outlet pounds of 

SO2 by that ratio); step three, subtract the outlet SO2 emissions calculated in step one 

from the inlet SO2 emissions calculated in step two; step four, divide the remainder 

calculated in step three by the inlet SO2 emissions calculated in step two; and step five, 

multiply the quotient calculated in step four by 100 to express as a percentage of removal 

efficiency. A new 30-Day Rolling Average SO2 Removal Efficiency shall be calculated 

for each new Unit Operating Day, and shall include all emissions that occur during all 

periods within each Unit Operating Day, including emissions from startup, shutdown, 

and Malfunction.

(iii) “Annual Tonnage Limitation” means the limitation on the number of tons of the 

pollutant in question that may be emitted from FCPP during the relevant calendar year 

(i.e., January 1 through December 31), and shall include all emissions of the pollutant 

emitted during periods of startup, shutdown and Malfunction.
Page 15 of 13

(iv) “Baghouse” means a full stream (fabric filter) particulate emissions control device.

(v) “Clean Air Act” and “the Act” mean the federal Clean Air Act, 42 USC 7401-7671q, 

and its implementing regulations.

(vi) “CEMS” and “Continuous Emission Monitoring System,” mean, for obligations 

involving the monitoring of NOx and SO2 emissions under this paragraph (k), the 

devices defined in 40 CFR 72.2, and the SO2 monitors required by this paragraph (k) for 

determining compliance with the 30-Day Rolling Average SO2 Removal Efficiency 

requirement set forth in this paragraph (k).

(vii) “Continuous Operation,” “Continuously Operate,” and “Continuously Operating” 

mean that when a pollution control technology or combustion control is required to be 

used at a Unit pursuant to this paragraph (k) (including, but not limited to, SCR, FGD, 

or Baghouse), it shall be operated at all times such Unit is in operation, consistent with 

the technological limitations, manufacturers’ specifications, good engineering and 

maintenance practices, and good air pollution control practices for minimizing 

emissions (as defined in 40 CFR 60.11(d)) for such equipment and the Unit.

(viii) “Day” means calendar day unless otherwise specified in this paragraph (k).

(ix) “Emission Rate” means, for a given pollutant, the number of pounds of that pollutant 

emitted per million British thermal units of heat input (“lb/MMBtu”), measured in 

accordance with this paragraph (k).

(x) “Flue Gas Desulfurization System” and “FGD” mean a pollution control device that 

employs flue gas desulfurization technology, including an absorber utilizing lime slurry,

for the reduction of SO2 emissions.

(xi) “Fossil Fuel” means any hydrocarbon fuel, including coal, petroleum coke, 

petroleum oil, or natural gas.

(xii) “lb/MMBtu” means one pound of a pollutant per million British thermal units of 

heat input.

(xiii) “Make-Right Vendor Guarantee” means, for an SCR, a guarantee offered by an 

SCR vendor that covers the SCR, including the catalyst, ammonia injection system, and 

support structure, under operating conditions (excluding any Malfunctions) above 

minimum operating temperature for the SCR, the achievement of which is demonstrated 

solely during two performance tests: one performance test no later than 90 Days after 

initial operation of the SCR, and one performance test after no fewer than 16,000 hours 

of SCR operation, but no later than December 31, 2020 regardless of the number of 

operating hours achieved. If the SCR does not meet the guarantee in one of these two 
Page 16 of 13

performance tests, a Make-Right Vendor Guarantee requires the SCR vendor to repair, 

replace, or correct the SCR to meet the specified guaranteed Emission Rate, which is 

demonstrated by successful achievement of a performance test.

(xiv) “Malfunction” means any sudden, infrequent, and not reasonably preventable 

failure of air pollution control equipment, process equipment, or a process to operate in 

a normal or usual manner. Failures that are caused in part by poor maintenance or 

careless operation are not Malfunctions.

(xv) “NOx Allowance” means an authorization or credit to emit a specified amount of 

NOx that is allocated or issued under an emissions trading or marketable permit program 

of any kind established under the Clean Air Act or an applicable implementation plan. 

Although no NOx Allowance program is applicable to FCPP as of the promulgation of 

this paragraph (k), this definition of “NOx Allowance” includes authorizations or credits 

that may be allocated or issued under emissions trading or marketable permit programs 

that may become applicable to FCPP in the future.

(xvi) “Operating Day” means any Day on which a Unit fires Fossil Fuel.

(xvii) “PM” means total filterable particulate matter, measured in accordance with the 

provisions of this paragraph (k).

(xviii) “PM CEMS” and “PM Continuous Emission Monitoring System” mean, for 

obligations involving the monitoring of PM emissions under this paragraph (k), the 

equipment that samples, analyzes, measures, and provides, by readings taken at frequent 

intervals, an electronic and/or paper record of PM emissions.

(xix) “Removal Efficiency” means, for a given pollutant, the percentage of that pollutant 

removed by the applicable emission control device, measured in accordance with the 

provisions of this paragraph (k).

(xx) “Selective Catalytic Reduction” and “SCR” mean a pollution control device that 

destroys NOx by injecting a reducing agent (e.g., ammonia) into the flue gas that, in the 

presence of a catalyst (e.g., vanadium, titanium, or zeolite), converts NOx into molecular 

nitrogen and water.

(xxi) “Semi-annual reports” are periodic reports that are submitted to EPA within 60 

days after the end of each half of the calendar year.

(xxii) “SO2 Allowance” means an authorization to emit a specified amount of SO2 that 

is allocated or issued under an emissions trading or marketable permit program of any 

kind established under the Clean Air Act or an applicable implementation plan, 

including as defined at 42 USC 7651a(3).
Page 17 of 13

(xxiii) “Surrender” means to permanently surrender SO2 Allowances so that such SO2

Allowances can never be used to meet any compliance requirement under the Clean Air 

Act or this paragraph (k).

(xxiv) “Unit” means, solely for purposes of this paragraph (k), collectively, the coal 

pulverizer, stationary equipment that feeds coal to the boiler, the boiler that produces 

steam for the steam turbine, the steam turbine, the generator, equipment necessary to 

operate the generator, steam turbine and boiler, and all ancillary equipment, including 

pollution control equipment, at or serving a coal-fired steam electric generating unit at 

FCPP.

(xxv) “Wet Stack” means a stack designed to be capable of use with a saturated gas 

stream constructed with liner material(s) consisting of one or more of the following: 

carbon steel with a protective lining (organic resin, fluoroelastomers, borosilicate glass 

blocks or a thin cladding of a corrosion-resistant alloy), fiberglass-reinforced plastic, 

solid corrosion-resistant alloy, or acid-resistant brick and mortar.

(2) NOx Emission Limitations and Control Requirements

(i) The owner or operator shall install and commence Continuous Operation of an SCR 

on or FCPP Unit 5 by no later than March 31, 2018. Commencing no later than 30 

Operating Days thereafter, the owner or operator shall Continuously Operate the SCR 

so as to achieve and maintain a 30-Day Rolling Average NOx Emission Rate of no 

greater than 0.080 lb/MMBtu, subject to the petition process paragraph (k)(2)(iii).

(ii) The owner or operator shall install and commence Continuous Operation of an SCR 

on the FCPP Unit 4 by no later than July 31, 2018. Commencing no later than 30 

Operating Days thereafter, the owner or operator shall Continuously Operate the SCR 

so as to achieve and maintain a 30-Day Rolling Average NOx Emission Rate of no 

greater than 0.080 lb/MMBtu, subject to the petition process in paragraph (k)(2)(iii).

(iii) At any time after March 31, 2019 but before December 31, 2020, the owner or 

operator may submit to EPA a petition for a proposed revision to the 30-Day Rolling 

Average NOx Emission Rate of 0.080 lb/MMBtu for either or both of the FCPP Units. 

The petition must demonstrate all of the following:

(A) That the design of the SCR system met the following parameters:

(1) The SCR system was designed to meet a NOx emission rate of 0.049 

lb/MMBtu, on an hourly average basis, under normal operating conditions once 

the minimum operating temperature of the SCR catalyst is achieved; and
Page 18 of 13

(2) The owners or operators obtained a Make-Right Vendor Guarantee for a NOx 

emission rate of 0.049 lb/MMBtu;

(B) That best efforts have been taken to achieve the 30-Day Rolling Average NOx 

Emission Rate of 0.080 lb/MMBtu. Best efforts includes but is not limited to 

exhausting the Make-Right Vendor Guarantee and obtaining independent outside 

support from a registered professional engineer expert in SCR design. To 

demonstrate best efforts have been taken, the petition shall also include:

(1) the request for bid for the subject SCR;

(2) winning bid documents, including all warranties and design information;

(3) NOx, NH3, and heat rate CEMS data and all related stack tests;

(4) daily coal quality data, including sulfur, ash, and heat content;

(5) operating and maintenance logs documenting all exceedances of the 0.080 

lb/MMBtu 30-Day Rolling Average NOx Emission Rate and measures taken to 

correct them;

(6) vendor certification pursuant to a Make-Right Vendor Guarantee that the 

0.080 lb/MMBtu 30-Day Rolling Average NOx Emission Rate cannot be met by 

the SCR as designed;

(7) a signed and sealed report by a registered professional engineer expert in SCR 

design confirming the 0.080 lb/MMBtu 30-Day Rolling Average NOx Emission 

Rate cannot be met by the SCR as designed; and

(8) affidavits documenting causes of failure to meet the 0.080 lb/MMBtu 30Day 

Rolling Average NOx Emission Rate, signed and sealed by a licensed 

professional engineer;

(C) That the SCR system was properly operated and maintained pursuant to the 

manufacturer’s specifications for achieving and Continuously Operating to meet the 

design NOx emission rate of 0.049 lb/MMBtu; and

(D) That the owner or operator Continuously Operated the SCR and maximized the 

percent of flue gas or water bypassed around the economizer during any startup and 

shutdown events in a manner to attain minimum operating temperature as quickly as 

reasonably possible during startup and to maintain minimum operating temperature 

during shutdowns as long as reasonably possible;
Page 19 of 13

(E) That the owner or operator Continuously Operated the SCR and controlled the 

percent of flue gas or water bypassed around the economizer to maintain minimum 

operating temperature during load changes.

(iv) In any petition submitted pursuant to paragraph (k)(2)(iii), the owner or operator 

shall include an alternate 30-Day Rolling Average NOx Emission Rate, but in no event 

may the owner or operators propose a 30-Day Rolling Average NOx Emission Rate 

more than 0.085 lb/MMBtu. The owner or operator shall also submit all studies, reports, 

and/or recommendations from the vendor and contractor(s) required by this paragraph 

and paragraph (k)(2)(iii), evaluating each measure undertaken in an effort to meet a 30-

Day Rolling Average NOx Emission Rate of no greater than 0.080 lb/MMBtu. The 

owner or operator shall also deliver with each submission all pertinent documents and 

data that support or were considered in preparing such submission, as well as all data 

pertaining to the performance of the SCR in question since August 17, 2015 and the 

operational history of the Unit since August 17, 2015.

(v) In addition to meeting the emissions rates set forth in paragraphs (k)(2)(i) and 

(k)(2)(ii), all Units at FCPP, collectively, shall not emit NOx in excess of the following

Annual Tonnage Limitation: 31,060 tons of NOx per year in 2016 and 2017; 12,165 tons 

of NOx per year in 2018; and 4,968 tons of NOx per year in 2019 and thereafter.

However, if the 30-Day Rolling Average NOx Emission Rate of 0.080 lb/MMBtu

required under Paragraphs (k)(2)(i) and (k)(2)(ii) is revised pursuant to the petition 

process set forth in paragraphs (k)(2)(iii) and (k)(2)(iv), the annual NOx tonnage 

limitations set forth as follows shall increase by the ratio of the new NOx rate in 

lb/MMBtu determined pursuant to paragraphs (k)(2)(iii) and (k)(2)(iv) divided by 0.080 

lb/MMBtu.

(vi) In determining the 30-Day Rolling Average NOx Emission Rate, the owner or operator

shall use CEMS in accordance with the procedures of 40 CFR part 75, except that NOx 

emissions data for the 30-Day Rolling Average NOx Emission Rate need not be bias 

adjusted and the missing data substitution procedures of 40 CFR part 75 shall not apply. 

Diluent capping (i.e., 5 percent CO2) will be applied to the NOx emission calculation for 

any hours where the measured CO2 concentration is less than 5 percent following the 

procedures in 40 CFR part 75, Appendix F, Section 3.3.4.1. The owner or operators shall 

report semiannually all hours where diluent capping procedures were applied during the 

reporting period.

(vii) For purposes of determining compliance with the Annual Tonnage Limitations in 

paragraph (k)(2)(v), the owners or operators shall use CEMS in accordance with the 

procedures specified in 40 CFR Part 75.

(viii) The owner or operator shall not sell, trade, or transfer any surplus NOx Allowances 

allocated to FCPP that would otherwise be available for sale or trade as a result of the actions 

taken by the owner or operators to comply with the requirements of this rule.
Page 20 of 13

(3) SO2 Emission Limitations and Control Requirements

(i) Beginning on August 17, 2015, the owner or operator shall continuously operate the 

existing FGDs at FCPP Unit 4 and Unit 5 so as to emit SO2 from FCPP at an amount no 

greater than 10.0% of the potential combustion concentration assuming all of the sulfur in 

the coal is converted to SO2. Compliance with this emissions standard shall be determined 

on a rolling 365-Operating Day basis using the applicable methodologies set forth in 

paragraph (e)(2). The first day for determining compliance with this emissions standard shall 

be 365 Days after August 17, 2015. The requirements of this paragraph shall remain in effect 

until the owner or operators achieve compliance with the requirements set forth in 

paragraphs (k)(3)(ii) and (k)(3)(iii).

(ii) By no later than March 31, 2018, the owner or operators shall convert the existing 

ductwork and stack at FCPP Unit 5 to a Wet Stack, so as to eliminate the need to bypass 

flue gas around the FGD absorbers for reheat purposes. Commencing no later than 30 

Operating Days thereafter, the owner or operators shall continuously operate the existing 

FGD at FCPP Unit 5 so as to achieve and maintain a 30-Day Rolling Average SO2 Removal 

Efficiency of at least 95.0%.

(iii) By no later than July 31, 2018, the owner or operators shall convert the existing 

ductwork and stack at FCPP Unit 4 to a Wet Stack, so as to eliminate the need to bypass 

flue gas around the FGD absorbers for reheat purposes. Commencing no later than 30 

Operating Days thereafter, the owner or operators shall Continuously Operate the existing 

FGD at FCPP Unit 4 so as to achieve and maintain a 30-Day Rolling Average SO2 Removal 

Efficiency of at least 95.0%.

(iv) In addition to meeting the emissions rates set forth in paragraphs (k)(3)(i), (k)(3)(ii) and 

(k)(3)(iii), all Units at FCPP, collectively, shall not emit SO2 in excess of the following 

Annual Tonnage Limitations: 13,300 tons of SO2 per year in 2016 and 2017; 8,300 tons of 

SO2 per year in 2018; 6,800 tons of SO2 per year in 2019 and thereafter.

(v) By each of the dates by which the owner or operator must comply with the 30-Day 

Rolling Average SO2 Removal Efficiency required under paragraphs (k)(3)(ii) and 

(k)(3)(iii), The owners or operators shall install, certify, maintain, and operate FGD inlet 

SO2 and any associated diluent CEMS with respect to that Unit in accordance with the 

requirements of paragraph (e)(1).

(vi) In determining the 30-Day Rolling Average SO2 Removal Efficiency, the owner or 

operator shall use CEMS in accordance with the procedures of 40 CFR part 75, except that 

SO2 emissions data for the 30-Day Rolling Average SO2 Removal Efficiency need not be 

bias adjusted and the missing data substitution procedures of 40 CFR part 75 shall not apply. 

Diluent capping (i.e., 5 percent CO2) will be applied to the SO2 emission calculation for any 

hours where the measured CO2 concentration is less than 5 percent following the procedures 

in 40 CFR part 75, Appendix F, Section 3.3.4.1. The owners or operators shall submit a
Page 21 of 13

semi-annual report that includes all hours where diluent capping procedures were applied 

during the reporting period.

(vii) For purposes of determining compliance with the Annual Tonnage Limitations in Table 

2, The owners or operators shall use CEMS in accordance with the procedures specified in 

40 CFR part 75.

(4) Use and Surrender of SO2 Allowances

(i) The owner or operator shall not use SO2 Allowances to comply with any requirement of 

paragraph (k), including by claiming compliance with any emission limitation required 

paragraph (k) by using, tendering, or otherwise applying SO2 Allowances to offset any 

excess emissions.

(ii) Except as provided in paragraph (k), the owner or operator shall not sell, bank, trade, or 

transfer any SO2 Allowances allocated to FCPP.

(iii) Beginning with calendar year 2015, and continuing each calendar year thereafter, the 

owner or operator shall surrender to EPA, or transfer to a non-profit third party selected by 

the owners or operators for Surrender, all SO2 Allowances allocated to FCPP for that 

calendar year that the owner or operator does not need in order to meet their own federal 

and/or state Clean Air Act statutory or regulatory requirements for the FCPP Units.

(iv) Nothing in paragraph (k)(4) shall prevent the owners or operators from purchasing or 

otherwise obtaining SO2 Allowances from another source for purposes of complying with 

Clean Air Act requirements to the extent otherwise allowed by law.

(v) For any given calendar year, provided that FCPP is in compliance for that calendar year 

with all emissions limitations for SO2 set forth in this section, nothing in paragraph (k), 

including the provisions of paragraphs (k)(4)(ii) and (k)(4)(iii) pertaining to the Use and 

Surrender of SO2 Allowances, shall preclude the owner or operator from selling, trading, or 

transferring SO2 Allowances allocated to FCPP that become available for sale or trade that 

calendar year solely as a result of:

(1) The installation and operation of any pollution control technology or technique at 

Unit 4 or Unit 5 that is not otherwise required by paragraph (k); or

(2) Achievement and maintenance of a 30-Day Rolling Average SO2 Removal

Efficiency at Unit 4 or Unit 5 at a higher removal efficiency than the 30-Day Rolling 

Average SO2 Removal Efficiency required by paragraph (k)(3); so long as the owner or 

operator submits a semi-annual report of the generation of such surplus SO2 Allowances 

that occur after August 17, 2015.
Page 22 of 13

(vii) The owner or operator shall surrender, or transfer to a non-profit third party selected 

by the owners or operators for surrender, all SO2 Allowances required to be surrendered 

pursuant to paragraph (k)(4)(iii) by April 30 of the immediately following calendar year. 

Surrender need not include the specific SO2 Allowances that were allocated to FCPP, so 

long as the owners or operators surrender SO2 Allowances that are from the same year and 

that are equal to the number required to be surrendered under paragraph (k)(4)(vii).

(viii) If any SO2 Allowances are transferred directly to a non-profit third party, the owner or 

operator shall include a description of such transfer in the next semi-annual report submitted 

to EPA. Such report shall: 

(1) provide the identity of the non-profit third-party recipient(s) of the SO2 Allowances 

and a listing of the serial numbers of the transferred SO2 Allowances; and

(2) include a certification by the third-party recipient(s) certifying under the penalty of 

law that the recipient(s) will not sell, trade, or otherwise exchange any of the allowances 

and will not use any of the SO2 Allowances to meet any obligation imposed by any 

environmental law. The certification must also include a statement that the recipient 

understands that there are significant penalties for submitting false, inaccurate or 

incomplete information to the United States. 

(3) No later than the third semi-annual report due after the transfer of any SO2

Allowances, The owner or operator shall include a statement that the third-party 

recipient(s) Surrendered the SO2 Allowances for permanent surrender to EPA in 

accordance with the provisions of paragraph (k)(4)(ix) within one (1) year after the 

owners or operators transferred the SO2 Allowances to them. The owner or operator

shall not have complied with the SO2 Allowance Surrender requirements of 

subparagraph (k)(4)(viii) until all third-party recipient(s) shall have actually Surrendered 

the transferred SO2 Allowances to EPA.

(ix) For all SO2 Allowances surrendered to EPA, the owner or operator or the third-party 

recipient(s) (as the case may be) shall first submit an SO2 Allowance transfer request form 

to the EPA Office of Air and Radiation’s Clean Air Markets Division directing the transfer 

of such SO2 Allowances to the EPA Enforcement Surrender Account or to any other EPA 

account that EPA may direct in writing. Such SO2 Allowance transfer requests may be made 

in an electronic manner using the EPA’s Clean Air Markets Division Business System or 

similar system provided by EPA. As part of submitting these transfer requests, the owners 

or operators or the third-party recipient(s) shall irrevocably authorize the transfer of these 

SO2 Allowances and identify -- by name of account and any applicable serial or other 

identification numbers or station names -- the source and location of the SO2 Allowances 

being surrendered.

(5) PM Emission Reduction Requirements
Page 23 of 13

(i) The owner or operator shall operate each FCPP Unit in a manner consistent with good 

air pollution control practice for minimizing PM emissions, as set forth in paragraph (g). In 

addition, with respect to FCPP Units 4 and 5, the owners or operators shall, at a minimum, 

to the extent practicable: 

(1) operate each compartment of the Baghouse for each Unit (except the compartment 

provided as a spare compartment under the design of the baghouse), regardless of 

whether those actions are needed to comply with opacity limits; 

(2) repair any failed Baghouse compartment at the next planned Unit outage (or 

unplanned outage of sufficient length); 

(3) maintain and replace bags on each Baghouse as needed to achieve the required 

collection efficiency; 

(4) inspect for and repair during the next planned Unit outage (or unplanned outage of 

sufficient length) any openings in Baghouse casings, ductwork, and expansion joints to 

minimize air leakage; and 

(5) ensure that a bag leak detection program is developed and implemented to detect 

leaks and promptly repair any identified leaks.

(ii) The owner or operator shall Continuously Operate a Baghouse at FCPP Unit 4 and Unit 

5 so as to achieve and maintain a filterable PM Emission Rate no greater than 0.0150 

lb/MMBtu.

(iii) Once in each calendar year, the owner or operator shall conduct stack tests for PM at 

FCPP Units 4 and 5. Alternatively, following the installation and operation of PM CEMS 

as required by paragraph (k)(6) of this paragraph (k), The owners or operators may seek 

written approval to forego stack testing and instead demonstrate continuous compliance 

with an applicable filterable PM Emission Rate using CEMS on a 24-hour rolling average 

basis.

(iv) Unless EPA approves a request to demonstrate continuous compliance using CEMS 

under paragraph (k)(5)(iii) to determine compliance with the PM Emission Rate established 

in subparagraph (k)(5)(ii), the owners or operators shall use the reference methods and 

procedures (filterable portion only) specified in 40 CFR part 60, App. A-3, Method 5, 

Method 5 as described in subpart UUUUU, Table 5, or App. A-6, Method 17 (provided that 

Method 17 shall only be used for stack tests conducted prior to conversion of an FCPP Unit 

to a Wet Stack), or alternative stack tests or methods that are requested by The owners or 

operators and approved by EPA. Each test shall consist of three separate runs performed 

under representative operating conditions not including periods of startup, shutdown, or 

Malfunction. The sampling time for each run shall be at least 120 minutes and the volume 
Page 24 of 13

of each run shall be at least 1.70 dry standard cubic meters (60 dry standard cubic feet). The 

owners or operators shall calculate the PM Emission Rate from the stack test results in 

accordance with 40 CFR 60.8(f). The results of each PM stack test shall be submitted to 

EPA and NNEPA within 60 Days of completion of each test.

(v) Once each calendar year, the owner or operator shall conduct a PM stack test for 

condensable PM at FCPP Units 4 and 5, using the reference methods and procedures set 

forth at 40 C.F.R. Part 51, Appendix M, Method 202 and as set forth in paragraph (iv). This 

test shall be conducted under as similar operating conditions and as close in time as 

reasonably possible as the test for filterable PM in paragraph (k)(5)(iv). Each test shall 

consist of three separate runs performed under representative operating conditions not 

including periods of startup, shutdown, or Malfunction. The sampling time for each run shall 

be at least 120 minutes and the volume of each run shall be at least 1.70 dry standard cubic 

meters (60 dry standard cubic feet). The owner or operator shall calculate the number of 

pounds of condensable PM emitted in lb/MMBtu of heat input from the stack test results in 

accordance with 40 CFR 60.8(f). The results of the PM stack test conducted pursuant to this 

paragraph shall not be used for the purpose of determining compliance with the PM 

Emission Rates required by paragraph (k). The results of each PM stack test shall be 

submitted to EPA within sixty (60) Days of completion of each test. If EPA approves a 

request to demonstrate continuous compliance with an applicable PM Emission Rate at a 

Unit using PM CEMS under paragraph (k)(5)(iii), annual stack testing for condensable PM 

using the reference methods and procedures set forth at 40 CFR part 51, Appendix M, 

Method 202 is not required for that Unit.

(6) PM CEMS

(i) The owner or operator shall install, correlate, maintain, and operate a PM CEMS for 

FCPP Unit 4 and FCPP Unit 5 as specified below. The PM CEMS shall comprise a 

continuous particle mass monitor measuring particulate matter concentration, directly or 

indirectly, on an hourly average basis and a diluent monitor used to convert the 

concentration to units expressed in lb/MMBtu. The PM CEMS installed at each Unit must 

be appropriate for the anticipated stack conditions and capable of measuring PM 

concentrations on an hourly average basis. Each PM CEMS shall complete a minimum of 

one cycle of operations (sampling, analyzing and data recording) for each successive 15-

minute period. The owners or operators shall maintain, in an electronic database, the hourly 

average emission values of all PM CEMS in lb/MMBtu. Except for periods of monitor 

malfunction, maintenance, or repair, the owner or operator shall continuously operate the 

PM CEMS at all times when the Unit it serves is operating.

(ii) By no later than February 16, 2017, the owner or operator shall ensure that the PM 

CEMS are installed, correlated, maintained and operated at FCPP Units 4 and 5. 

(iii) The owner or operator shall ensure that performance specification tests on the PM 

CEMS are conducted, and shall ensure compliance with the PM CEMS installation plan and 
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QA/QC protocol submitted to and approved by EPA. The PM CEMS shall be operated in 

accordance with the approved plan and QA/QC protocol. 

(iv) The data recorded by the PM CEMS during Unit operation, expressed in lb/MMBtu on 

a 3-hour, 24-hour, and 30-Day rolling average basis, shall be included in the semiannual 

report submitted to EPA in electronic format (Microsoft Excel-compatible).

(v) Notwithstanding any other provision of paragraph (k), exceedances of the PM Emission 

Rate that occur as a result of detuning emission controls as required to achieve the high level 

PM test runs during the correlation testing shall not be considered a violation of the 

requirements of this section; provided, however, that the owners or operators shall make 

best efforts to keep the high level PM test runs during such correlation testing below the 

applicable PM Emission Rate.

(vi) Stack testing conducted pursuant to paragraph (k)(5)(iv) shall be the compliance method 

for the PM Emission Rates established by paragraph (k)(5), unless EPA approves a request 

under paragraph (k)(5)(iii), in which case PM CEMS shall be used to demonstrate 

continuous compliance with an applicable PM Emission Rate on a 24-hour rolling average 

basis. Data from PM CEMS shall be used, at a minimum, to monitor progress in reducing 

PM emissions on a continuous basis.

(7) Reporting. The owner or operator shall submit all notifications, petitions, and reports under 

paragraph (k), unless otherwise specified, to EPA and Navajo Nation EPA in accordance with 

paragraph (f).