### Bryan W. Shaw, Ph.D., P.E., 

### Chairman

Toby Baker, 

### Commissioner

Richard A. 

### Hyde, P.E., 

### Executive Director 

# 15 JUL 13 PH 5: 24

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Protecting Texas by Reducing and Preventing Pollution



## July 10,2015



## Ron Curry

Regional Administrator

U.S. Environmental Protection Agency -:- Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

Dear Mr. Curry: 

## Docket Nos. 2014-1262-SIP

2014-0501- RUL

2014-0707-RUL

Project Nos. 2013-015-SIP- NR

2013-048-115-AI

2013-049-117-AI

On June 3, 2015, the Texas Commission on Environmental Quality (Commission) adopted

revisions to the St.ate Implementation Plan (SIP) for the control of ozone air pollution for the

Dallas-Fort Worth (DFW) 2008 Eight-Hour Ozone Nonattainment Area.

The Commission adopted the repeal of §115-417; new §115.410 and §115-411; and

amendments to §§115.10, 115.110- 115.112, 115.114, 115.115, 115.117- 115.119, 115.121- 115.122,

115.125- 115.127, 115.129, 115.139, 115.215, 115.219, 115.229, 1115.239, 115-359, 115-415,

115-416, 115-419, 115-420

- 115-423, 115-425- 115-427, 115-429, 115-440- 115.442, 115-446,

115-449- 115.451, 115-453, 115.459- 115-461, 115-469, 115-471, 115-473, 115-479, and 115.519 in

30 Texas Administrative Code (TAC) Chapter115, Control of Air Pollution from Volatile

Organic Compounds; the amendments to §§117.10, 117.403, 117-400, 117-410, 117-423,

117-425, 117-430, 117-435, 117-440, 117-445, 117-450, 117-454, 117-456, 117.1303, 117.1310,

117.1325, 117.1335, 117.1340, 117.1345, 117.1350, 117.1354, 117.8000, 117-9030, 117-9130,

117.9800, and 117.9810; the repeal of §§117.200, 117.203, 117.205, 117.210, 117.215, 117.223,

117.225, 117.230, 117.235, 117.240, 117.245, 117.252, 117.254, 117.256, 117.1100, 117.1103,

117.1105, 117.1110, 117.1115, 117.1120, 117.1125, 117.1135, 117.1140, 117.1145, 117.1152, 117.1154,

117.1156, 117.9010, and 117.9110; and new §117-405 and §117.452 in 30 TAC Chapter 117,

Control of Air Pollution from Nitrogen Oxides; and corresponding revisions to the SIP. The

amendments to 30 TAC §§117.210(c), 117.225, 117.410(d), 117-425, 117.1110(b), 117.1125,

117.1310(b), and 117.1325, correspond to portions of the existing rule previously excluded

from the EPA-approved Texas SIP, are not being submitted to EPA as revisions to the SIP.

Similarly, adopted new §117-405(d) 

## will not be submitted to the EPA as a SIP revision.

The Commission also adopted the DFW 2008 Eight-Hour Ozone Standard Attainment

Demonstration (AD) SIP Revision. The D FW 2008 Eight- Hour Ozone Standard AD SIP

P.O. Box 13087 • Austin, Texas 78711-3087 • 512·239-1000 • tceq.texas.gov

How is our customer service? tceq.texas.govjcustomersurvey

pnnted on recycled paper us1ng vegetable-based mk

## revision incorporates the Chapter 115 and 117 rulemakings to fulfill reasonably available

control technology (RACT) requirements for all control techniques guidelines (CTG) emission

source categories and all non-CTG major sources ofVOC and NOx as required by FCAA,

§172(c)(1) and §182(b)(2). The state has previously adopted Chapter 115 VOC and Chapter 117

NOx rules to satisfy RACT requirements for sources in the nine-county DFW area as part of

the SIP for the 1997 eight-hour ozone stan9,ard. The rulemakings satisfy RACT requirements

for Wise County and for any sources identified in the DFW area that are not already subject to

the existing rules.

This SIP revision includes the work completed to date to demonstrate that the DFW area will

attain the 2008 eight-hour ozone NAAQS by 2018. The SIP revision also commits to

development of a 2017 AD SIP revision for the DFW 2008 eight-hour ozone nonattainment

area for future submittal to the EPA. The 2017 AD SIP revision would include a photochemical modeling analysis, a weight of evidence analysis, a reasonably available

control measures (RACM) analysis, and a Motor Vehicle Emissions Budget (MVEB).

Because no additional analysis was needed to complete the contingency plan for attainment,

Section 4.9, 

## Contingency Plan, was revised to reflect a 2017 attainment year.

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete

record of the public hearings, and the accompanying order. I look forward to your expeditious approval of these SIP revisions.

Sincerely,

# ~.._.U~ct.v...r**~.Shaw,** Ph.D., P.E.

Chairman

BWS/alb

Enclosures

cc: The Honorable Greg Abbott, Governor of Texas

Mr. John Zerwas, Office of Budget, Planning and Policy, Office of the Governor

Mr. Richard A. Hyde, P.E., Executive Director, Texas Commission on Environmental

Quality

# TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

THE STATE OF TEXAS

COUNTY OF TRAVIS Docket Nos. 2014-1262-SIP

2014-0501- RUL

2014-0707-RUL

Project Nos. 2013-015-SIP-NR

2013-048-115-AI

2013-049-117-AI



## This is to certify that the attached electronic file is included and that the electronic file

is a true and correct copy of documents for a revision to the Texas State Implementation Plan,

adopted on June 3, 2015, 

## pursuant to 40 

## Code of Federal Regulations§ 51.104. 

## I am the

records administrator for the Air Quality Division of the Texas Commission on

Environmental Quality (Commission).

# ,~R~**Rurn~er:Dil"ector** Air Quality Division

Texas Commission on Environmental Quality

### Texas Commission on Environmental Quality

Public Hearings

January 15 and 22, 2015

Concerning Revisions to 30 T AC

Chapter 117 Control of Air Pollution from

Nitrogen Compounds

NOx Eight-Hour Ozone Nonattainment Area

Project No. 2013-049-117-AI

### INTRODUCTION

The Texas Commission on Environmental Quality (TCEQ or commission) held public hearings in

Arlington on January 15, 2015 and in Austin on January 22, 2015, to receive testimony regarding 30

TAC Chapter 115, Control ofAir Pollution from Volatile Organic Compounds; Chapter 117, Control of

Air Pollution from Nitrogen Compounds and corresponding revisions to the state implementation plan.

This hearing record contains revisions to Chapter 117, which implements reasonably available control

technology (RACT) for all major sources of nitrogen oxides (NOx) in the Dallas- Fort Worth 2008 eighthour ozone moderate nonattainment area as required by Federal Clean Air Act, § 172( c)( 1) and

§182(f). The rulemaking extends implementation of RACT to major sources of NOx located in newly

designated Wise County. Although not necessary to satisfy RACT requirements, the rulemaking

provides compliance flexibility to testing requirements of Chapter 117 for temporary boilers and

process heaters, and it clarifies the definition of electric power generating systems to distinguish rule

requirements for independent power producers located in all Texas ozone nonattainment areas.

The comment period was originally set to close on January 30, 2015 but was extended to February

11, 2015. All testimony and comments have been reviewed and seriously considered. This hearing

record contains a complete record of the public hearings and is divided into the following four

sections:

o 

### Public Notification and Proposal

o Written and Oral Testimony

o Evaluation of Testimony

o Staff Recommendations/Order

### Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 35

Circle, Austin, Texas 78753. For further information, please contact Javier Galvan at (512) 239-1492.

# NOTICE 

# & PROPOSAL

### PUBLIC NOTIFICATION

Notification to the public of the proposed revisions was conducted by the following procedures:

1. Publication of notice of public hearings in the following newspapers on the date listed:

Austin American-Statesman: December 12, 2014

Dallas Morning News: December 12, 2014

Houston Chronicle: December 12, 2014

2. Publication of the proposed rules in the December 26, 2014, issue of the Texas Register (39

TexReg 1 0337).

3. Publication of the Notice of Public Hearings in the December 26, 2014, issue of the Texas

Register (39 TexReg 1 0548).

4. Publication of an extension of comment period in the January 23, 2015 Texas Register(40

TexReg 397).

5. Correspondence forwarding the notice of public hearings to the following officials and agencies:

Speaker of the House

Lieutenant Governor

Alamo Area Council of Governments

Capital Area Planning Council

City of Arlington, Mayor's Office

City of Austin, Mayor's Office

City of Dallas, Department of Environmental Quality

### City of Dallas, Department of Aviation

City of El Paso, Environmental Services

City of Fort Worth, Environmental Management Department

City of Houston, Department of Health and Human Services

East Texas Council of Governments

El Paso Metropolitan Planning Organization

Federal Highway Administration

Galveston County Health District

Harris County Pollution Control Services Department

Harris County Public Health and Environmental Services

Houston-Galveston Area Council

North Central Texas Council of Governments

South East Texas Regional Planning Commission

Tarrant County Judge

Texas Department of Transportation

Travis County Judge

Victoria Metropolitan Planning Organization

Arkansas Department of Pollution Control and Ecology

Louisiana Department of Environmental Quality

New Mexico Environmental Department

Oklahoma Department of Environmental Quality

United States Environmental Protection Agency

### Example of Newspaper Classified Ad

Austin American-Statesman, December 12, 2014

NOTICE OF PUBLIC HEARINGS

ON PROPOSED REVISIONS TO 30 TAC

CHAPTERS 115 AND 117 AND

TO THE ST.ATE IMPLEMENTATION PLAN

The Texas Commission on Environmental Quality (commission) will

conduct public hearing·s to receive testimony regarding proposed

revisions to 30 Texas Administrative Code (TAC) Chapter 115, Control of

llution from Volatile Organic Compounds; Chapter 117, Control of

llutlon from Nitrogen**Compound~** and corresponding revisions to.

### ciriirf~1iJWgzb~,n§~!n1'f}**y~~~s ~ot~~~:;,\u~reroa~;"c~~J~~as**  ubchapter El; and 40 Code of Federal**Regulation~** §51.1 02 of the

States Environmental Protection Agency (EPA) concerning

### lPa;~~ggy~ea%Y,~~~~~nn1r~PY~~tf;;j~gy**cr~~~H ~~J~it'cifr\f~~W**  

# .

sources addressed In a control techniques guidelines (CTG) and ctll non- CTG mclor sources of volatile org:mic compouncls (VOC) In the Dallas-

. E'ort Worth (DFW) 2008 eight-hour ozone moclerote nonatloinment area conslstinr, of Collin, Dallas, Denton, Ellis, Johnson, Koufman, Parker,

. ,

### ~gf~;1'8h~?~W~/cfc1cl**~~ae§.fs~~¥j~efh~~~g~~b~~dr~Ye~ a'k1r~** **~~~'1g** Air • revise the VOC rules to expand the applicabilitY of the exlstPng RACT

rules to include Wise County. (Rule ProJect No. 2013·048·115-AI)

The proposed rulemaking WOU.Id revise Chapter 117 to Implement RACT

for oil mal or sources of nitro11en oxides (NOX) In the DFW 2008 eight-

. hour ozone moderate nonattomment area as required bY FCAA, §172(c)(l) and §182(1). The proposed rulemaking wovld extend

. implementation of RACT to major sources of NOX located In newly

··

### ~:~lJl~g~~~~\eh~~~~~~·s~d~~~~~~ank~~~e~~~j~rJ'Iig**~~b~i~e ~~~~I**  lance flexibility to testing requirem·ents of Chapter 117 for temPorary boilers

and process heaters, and It would clarifY the definition of nlectric POWEH" generating system to distinguish rule requirements for independent

power producers located in all Texas ozone ncnaUainment areas. (Rule

Proiec! No. 2013-049-117-Ail

The proposed DFW attainment demonstration SLP revision contains

### ~~at:Sls:~ut~~~g~J~t~~)~~~~ei~~~~~~~]~,**~ PR~(:?fha** **n~~~~~s~g~:~~5nabl** '· aV(Illable control measures cmalysls, a motor· vehicle emissions budger ·.."·

for 2018, and a contingency pion. (Rulli' Proiect No. 2013-Q15-SIP-NR)



# ...

The proposed DFW reasonable furth.er progress (RFP) ·SIP**revlsi~n** contains an onalvsls of the DFW area's progress toward attainment of

the 2008 elght·hour ozone NAAQS, demonstratiO!g an 1So/o emissions**redu~llon** in ozone precursors from the 2011 base year through tha 2018

, afialnment year, a 3% emissions reduction demonstration for

· conthmency for each milestone year, an(:l updated RFP motor vehicle

emissions budgets for each rnllestone year. < Rula ProJect No. 2013-014·

- SIP·NRJ '

Persons who hove special communication or other accommodallon

needs who are planning to. attend the hearings should contact Sandy Wong, Office of Legal Services at (512) ·239-1802. Requests should be

mode as far in advance as possible.

·

Written comments mav.be submitted to Derek Baxter, MC 205, Office of

### \:l'o~~~**l'ifs~~~~'¥e~~~afafg~ffil~s~~nfgQea~~im2rr~g~~la~tl:c~l~ct~o~i/ 10** 

### x comments may be submitted c1t: http://www5.lce<t.lexos.gov/rules/ecomments/

. File size restrictions maY····

### ~g~~~~fs**~~11~~~~~~~~~i~h'ciitt.;l~ ~~** **1h~ preo1~~'/i.7t;Jge~vtTigPl.h~** **11** ••

comment pertains to: Rule Protect Number 2013·048·115-AI for the

·**p~oposed** VOC rule amendments; Rule Project Number 2013·049·117-AI

for the proposed NO x r\Jie amendments; SIP Prolec! Number 2013-01$-

SIP-NR for the proposed OFW Ntainmenl Demonstration SIP revision;

and SiP Proiecl Number 2013-()14·SIP-NR for the proposed DFW RFP

SIP revision. The comment period closes January 30, 2015. Copies of the

### ~iP,f:~~~~~~~~~~~N~gs~~gv~~a~7~~~~~~g;bg~:h~d;~~A1~f**10**

### .n~ob'i~~s~let~~ proposed 

### s 1 p revisions and a !I appendices ciin be obtained from the

· 

# l

commission's webs!le at,

. . http://www.tceq.stnte.tx.us/implementat!onlolr/sio/sipp!ans.html

. For

further Information regarding the proposed rules and Sl P revisions, please contact EddY Lin, Air QualitY Planning Section, al (512) 239·3932.

llll\4::auu:;:;c

............**~~**TRD-201406036

Robert Martinez

Director, Environmental Law Divisi n

Texas Commission on Environmen I Quality

Filed: December 12, 2014



### Notice of Public Hearings on Proposed Revisions to 30 TAC

Chapters 115 and 117 and to the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will

conduct public hearings to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 115, Control of Air Pollution from Volatile Organic Compounds; Chapter 117,

Control of Air Pollution from Nitrogen Compounds; and corresponding revisions to the state implementation plan (SIP) under the requirements of Texas Health and Safety Code, §382.0 17; Texas Government

Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.1 02 of the United States Em·ironmental Protection Agency

(EPA) concerning SIPs.

The proposed rulemaking would revise Chapter 115 to implement reasonably available control technology (RACT) for all emission sources

addressed in a control techniques guidelines (CTG) and all non-CTG

major sources of volatile organic compounds (VOC) in the Dallas-Fort

Worth (DFW) 2008 eight-hour ozone moderate nonattainment area consisting of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker,

Rockwall, Tarrant, and Wise Counties, as required by Federal Clean

Air Act (FCAA), §172(c)(l) and §182([). The proposed rulemaking would revise the VOC rules to expand the applicability of the

existing RACT rules to include Wise County. (Rule Project No.

2013-048-115-AI)

The proposed rulemaking would revise Chapter 117 to implement

RACT for all major sources of nitrogen oxides (NO) in the DFW

2008 eight-hour ozone moderate nonattainment area as required by

FCAA, §172(c)(l) and §182([). The proposed rulemaking would

extend implementation of RACT to major sources of NO, located in

newly designated Wise County. Although not necessary to satisfy

RACT requirements, the proposed rulemaking would also provide

compliance flexibility to testing requirements of Chapter 117 for temporary boilers and process heaters, and it would clarifY the definition

of electric power generating system to distinguish rule requirements

for independent power producers located in all Texas ozone nonattainment areas. (Rule Project No. 2013-049-117-AI)

The proposed DFW attainment demonstration SIP revision contains

FCAA-required SIP elements including a photochemical modeling analysis, a weight of evidence analysis, a RACT analysis, a

reasonably available control measures analysis, a motor vehicle

emissions budget for 2018, and a contingency plan. (Rule Project

No. 2013-015-SIP-NR)

The proposed DFW reasonable further progress (RFP) SIP revision

contains an analysis of the DFW area's progress toward attainment

of the 2008 eight-hour ozone NAAQS, demonstrating an 18% emissions reduction in ozone precursors from the 2011 base year through

the 2018 attainment year, a 3% emissions reduction demonstration for

contingency for each milestone year, and updated RFP motor vehicle emissions budgets for each milestone year. (Rule Project No.

2013-014-SIP-NR)

The commission will hold two public hearings on this proposal: in

Arlington on January 15, 2015 at 6:30p.m. in the City of Arlington

Council Chamber at the Arlington Municipal Building located at 101

W. Abram Street; and in Austin on January 22, 2015 at 10:00 a.m. in Building E, Room 201S, at the commission's central office located

at 12100 Park 35 Circle. The hearings will be structured for thereceipt of oral or \\Titten comments by interested persons. Individuals

may present oral statements when called upon in order of registration.

Open discussion will not be permitted during the hearings; however,

commission staff members will be available to discuss the proposal30

minutes prior to the hearings.

Persons who have special communication or other accommodation

needs who are planning to attend the hearings should contact Sandy

Wong, Office ofLegal Services, at (512) 239-1802. Requests should

be made as far in advance as possible.

Written comments may be submitted to Derek Baxter, MC 205,

Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed

to (512) 239-4808. Electronic comments may be submitted at:

http://www5.tceq.texas.gov/rules!ecommentsl. File size restrictions

may apply to comments being submitted via the eComments system.

All comments should reference the rule or SIP project number that

the comment pertains to: Rule Project Number 2013-048-115-AI

for the proposed VOC rule amendments; Rule Project Number

20 13-049-117-AI for the proposed NO, rule amendments; SIP

Project Number 2013-015-SIP-NR for the proposed DFW Attainment Demonstration SIP revision; and SIP Project Number

2013-014-SIP-NR for the proposed DFW RFP SIP revision. The

comment period closes January 30, 2015. Copies of the proposed

rulemaking can be obtained from the commission's website at

http://www.tceq.texas.gov/navlruleslpropose adopt.html. Copies of

the proposed SIP revisions and all appendices can be obtained from

the commission's website at http:l/www.tceq.state.tx.uslimplementationlairlsiplsipplans.html. For further information regarding the

proposed rules and SIP revisions, please contact Eddy Lin, Air Quality

Planning Section, at (512) 239-3932.

TRD-20 1406041

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 12, 2014



### Notice of Receipt of Applicati n and Intent to Obtain

Municipal Solid Waste Limite Scope Permit Major

Amendment Permit Number 2 70

APPLICATION: Fort Bend Reg onal Landfill, L.P., 14115 Davis

Estates Road, Needville, Fort B d County, Texas 77461, a Texas

limited partnership, has applied to he Texas Commission on Environmental Quality (TCEQ) for a Typ I Municipal Solid Waste Limited

Scope Permit Major Amendment roposing to incorporate the acceptance of Class 1 Non-Hazardous Industrial Solid Waste and other,

similar wastes, including soil co taminated by petroleum products,

crude oils, or chemicals, and w tes from oil, gas and geothermal

activities in accordance with the imitations and conditions included

in the permit and its supportin documents; to revise the liquid

waste stabilization operations inc uded in the current Site Operating

Plan; and to make other minor r visions to the current permit. The

facility is located at the address li ted above. The TCEQ received the

application on November 3, 2014. The permit application is available

for viewing and copying at AI ert George Branch Library, 9230

Gene Street, Needville, Fort Ben County, Texas 77461, and may be

viewed online at http://www.scse gineers.com/State_Info/index.html.

The following link to an elect nic map of the site or facility's

general location is provided as public courtesy and is not part



## 39 TexReg 10548 December 26, 2014 Texas RegisterAn agreed order was entered egarding Quickways Inc, Docket No.

2013-1554-PST-E on January

, 2015 assessing $5,437 in administrative penalties.

Information concerning any a ect of this order may be obtained by

contacting Tammy L. Mitchell, taffAttorney at (512) 239-3400, Texas

Commission on Environmental Lmlity, P.O. Box 13087, Austin, Texas

78711-3087.

An agreed order was entered egarding DAKOTA AI, LLC elba 47

Travel Stop, Docket No. 2013- 637-PST-E on January 7, 2015 assessing $4,500 in administrative p nalties.

Information concerning any a eel of this order may be obtained by

contacting Jess Robinson, Sta I Attorney at (512) 239-3400. Texas

Commission on Environmental uality, P.O. Box 13087, Austin, Texas

78711-3087.

An agreed order was entered egarcling GarCo Manufacturing, LLC

elba GARCO MANUFACTUR G aka Garcia Manufacturing, Docket

No. 2014-0202-AIR-E on Janu ry 7. 2015 assessing $1,312 in aclministratiYe penalties.

Information concerning any as eel of this order may be obtained by

contacting Jess Robinson, StaT Attorney at (5 12) 239-3400, Texas

Commission on Environmental uality, P.O. Box 13087, Austin, Texas

78711-3087.

TRD-201500087

Bridget C. Bohac

Chief Clerk

Texas Commission on Environ

Filed: January 14, 2015



# •

Extension of Comment Peri d for 30 TAC Chapter 101

Proposal

In the December 26, 2014, is ue of the Texas Register (39 TexReg

10186). the Texas Commissi01 on Environmental Quality (commission) published proposed ame1 dec! and repealed sections of 30 TAC

Chapter 101, General Air Qual y Rules. The preamble of the proposal

stated that the commission mu receive all written comments by January 30. 2015. The commissio has extended the deadline for receipt

of written comments on the pr osal to February 11. 2015.

Comments should be maile to Kris Hogan, MC 205, Office

of Legal Services, Texas C mmission on Environmental Quality. P.O. Box 13087, Ausf

, Texas 78711-3087 or faxed to

(512) 239-4808. Electroni comments may be submitted at:

http:il.>nnrl.tceq. texas.govlrul siecomments/ File size restrictions

may apply to comments being 'Ubmittecl via the eComments system.

All comments submitted reg rcling the proposal for Chapter 10 I

should reference Rule Project umber 2014-007-101-AI. Copies of

the proposed rulemaking can b obtained from the commission's Web

site at http::/www.tceq.texas.g vlrufes/propose_adopt.htmf. For further information, please contac Joseph Thomas, Air Quality Planning

Section, at (512) 239-0012.

TRD-201500078

Robert Martinez

Director, Environmental Law Di ision

Texas Commission on Environ ental Quality

Filed: January 13, 2015 Extension of Comme t Period for 30 TAC Chapter 115

Proposal

In the December 26, 2 14. issue of the Texas Register (39 TexReg

1 0246), the Texas Com nission on Environmental Quality ( commission) published propose new, amended, and repealed sections of 30

TAC Chapter 115, Con/1 l of Air Pof!utionfrom Volatile Organic Compounds. The preamble o 'the proposal stated that the commission must

receive all written com 1ents by January 30, 2015. The commission

has extended the cleacllii e for receipt of written comments on the proposal to February 11, 2 15.

Comments should be mailed to Derek Baxter, MC 205, 01:

fice of Legal Sen ic

, Texas Commission on Environmental

Quality, P.O. Box 13 87, Austin, Texas 78711-3087 or faxed

to (512) 239-4808. lectronic comments may be submitted at:

http://www I. tceq. texas. ov/ru!es/ecomments/. File size restrictions

may apply to comments being submitted via the eComments system.

All comments submitt d regarding the proposal for Chapter 115

should reference Rule roject Number 2013-048-115-AI. Copies of

the proposed rulemaki g can be obtained trom the commission's

Web site at http:;/w>!'W. eq.texas.gov 1 ru!es/propose adopt.html. For

further information, pi ase contact Frances Dov\Tak, Air Quality

Planning Section, at (51 ) 239-3931.

TRD-201500081

Robert Martinez

Director, Environmental aw Division

Texas Commission on E vironmental Quality

Filed: January 13, 2015

Extension of Comment Period for 30 TAC Chapter 117

Proposal

In the December 26, 2014, issue of the Texas Register (39 TexReg

1.0337), the Texas Commission on Em·ironmental Quality (commisSion) published proposed new, amended, and repealed sections of 30

TAC Chapter 117, Control ofAir Po11utionji-om i\'itrogen Compounds.

The preamble of the proposal stated that the commission must receive

all written comments by January 30, 2015. The commission has extended the deadline for receipt of\nitten comments on the proposal to

February 11. 2015.

Comments should be mailed to Derek Baxter, MC 205, 

### at:

fice of Legal Services, Texas Commission a'n Environmental

Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed

to (512) 239-4808. Electronic comments may be submitted at:

httpJ'www l.tceq.texas.gov 1 rufes/ecomments. '. File size restrictions

may apply to comments being submitted via the eComments system.

All comments submitted regarding the proposal for Chapter 117

should reference Rule Project Number 2013-049-117-AI. Copies of

the proposed rulemaking can be obtained from the commission's Web

site at http://wm·t'.tceq.te:ws.govlrules!propose _adopt.htmf. For further information, please contact Javier Galvan, Air Quality Planning

Section, at (512) 239-1492.

TRD-201500082

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 13, 2015

Notice of Water Quality Applications



## IN ADDITION January 23, 2015 40 TexReg 397Bryan W. Shaw, Ph.D., P.E., 

### Chairman

Toby Baker, 

### Commissioner

Zak Covar, 

### Commissioner

Richard A. Hyde, P.E., 

### Executive Director



## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Protecting Texas by 

### Reducing and Preventing Pollution



## NOTICE OF PUBLIC HEARINGS ON PROPOSED REVISIONS TO 30 TAC

CHAPTERS 115 AND 117 AND TO THE STATE IMPLEMENTATION PLAN

The Texas Commission on Environmental Quality (commission) will conduct public

hearings to receive testimony regarding proposed revisions to 30 Texas Administrative

Code (TAC) Chapter 115, Control of Air Pollution from Volatile Organic Compounds;

Chapter 117, Control of Air Pollution from Nitrogen Compounds; and corresponding

revisions to the state implementation plan (SIP) under the requirements of Texas

Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter

B; and 40 Code of Federal Regulations §51.102 of the United States Environmental

Protection Agency (EPA) concerning SIPs.

The proposed rulemaking would revise Chapter 115 to implement reasonably available

control technology (RACT) for all emission sources addressed in a control techniques

guidelines (CTG) and all non-CTG major sources of volatile organic compounds (VOC)

in the Dallas-Fort Worth (DFW) 2008 eight-hour ozone moderate nonattainment area consisting of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall,

Tarrant, and Wise Counties, as required by Federal Clean Air Act (FCAA), §172(c)(1) and

§182(f). The proposed rulemaking would revise the VOC rules to expand the

applicability of the existing RACT rules to include Wise County. 

## (Rule Project No.

2013-048-115-AI)

The proposed rulemaking would revise Chapter 117 to implement RACT for all major

sources of nitrogen oxides (NOx) in the DFW 2008 eight-hour ozone moderate

nonattainment area as required by FCAA, §172(c)(1) and §182(f). The proposed

rulemaking would extend implementation of RACT to major sources of NOx located in

newly designated Wise County. Although not necessary to satisfy RACT requirements,

the proposed rulemaking would also provide compliance flexibility to testing

requirements of Chapter 117 for temporary boilers and process heaters, and it would

clarify the definition of electric power generating system to distinguish rule

requirements for independent power producers located in all Texas ozone

nonattainment areas. 

## (Rule Project No. 2013-049-117-AI)

The proposed DFW attainment demonstration SIP revision contains FCAA-required SIP

elements including a photochemical modeling analysis, a weight of evidence analysis, a

RACT analysis, a reasonably available control measures analysis, a motor vehicle

emissions budget for 2018, and a contingency plan. 

## (Rule Project No. 2013-015-

SIP-NR)

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov

How is our customer service? tceq. texas.gov 

## I go to 

## I customersurvey

printed on recycled paper

## The proposed DFW reasonable further progress (RFP) SIP revision contains an analysis

of the DFW area's progress toward attainment of the 2008 eight-hour ozone NAAQS,

demonstrating an 18% emissions reduction in ozone precursors from the 2011 base year through the 2018 attainment year, a 3% emissions reduction demonstration for

contingency for each milestone year, and updated RFP motor vehicle emissions budgets

for each milestone year. (Rule Project No. 2013-014-SIP-NR)



## The commission will hold two public hearings on this proposal: in Arlington on January

15, 2015 at 6:30p.m. in the City of Arlington Council Chamber at the Arlington

Municipal Building located at 101 W. Abram Street; and in Austin on January 22, 2015

at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at

12100 Park 35 Circle. The hearings will be structured for the receipt of oral or written

comments by interested persons. Individuals may present oral statements when called

upon in order of registration. Open discussion will not be permitted during the hearings;

however, commission staff members will be available to discuss the proposal 30 minutes

prior to the hearings.

Persons who have special communication or other accommodation needs who are planning to attend the hearings should contact Sandy Wong, Office of Legal Services at

(512) 239-1802. Requests should be made as far in advance as possible.

Written comments may be submitted to Derek Baxter, MC 205, Office of Legal Services,

Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-

3087, or faxed to (512) 239-4808. Electronic comments may be submitted at:



## http:jjwwws.tceq.texas.govjrulesjecommentsj. File size restrictions may apply to

comments being submitted via the 

## eComments system. All comments should reference

the rule or SIP project number that the comment pertains to: Rule Project Number

2013-048-115-AI for the proposed VOC rule amendments; Rule Project Number 2013-

049-117-AI for the proposed NOx rule amendments; SIP Project Number 2013-015-SIPNR for the proposed DFW Attainment Demonstration SIP revision; and SIP Project

Number 2013-014-SIP-NR for the proposed DFW RFP SIP revision. The comment

period closes January 30, 2015. Copies of the proposed rulemaking can be obtained

from the commission's website at



## http:/ jwww.tceq .texas.gov/nav/rulesjpropose_adopt.html. Copies of the proposed

SIP revisions and all appendices can be obtained from the commission's website at



## http: 

# I jwww.tceq .state.tx. us/implementation/ air 

# I sip/ sipplans.html. For further

information regarding the proposed rules and SIP revisions, please contact Eddy Lin,

Air Quality Planning Section, at (512) 239-3932.

## CHAPTER 117. CONTROL OF AIR

POLLUTION FROM NITROGEN COMPOUNDS

The Texas Commission on Environmental Quality (TCEQ,

agency, or commission) proposes amendments to §§117.10,

117.400, 117.403, 117.410, 117.423, 117.425, 117.430, 117.435,

117.440, 117.445, 117.450, 117.454, 117.456, 117.1303,

117.1310, 117.1325, 117.1335, 117.1340, 117.1345, 117.1350,

117.1354, 117.8000, 117.9030, 117.9130, 117.9800, and

117.9810; repeal of §§117.200, 117.203, 117.205, 117.210,

117.215, 117.223, 117.225, 117.230, 117.235, 117.240, 117.245,

117.252, 117.254, 117.256, 117.1100, 117.1103, 117.1105,

117.1110, 117.1115, 117.1120, 117.1125, 117.1135, 117.1140,

117.1145, 117.1152, 117.1154, 117.1156, 117.9010, and

117.9110; and new §117.405 and §117.452.

If adopted, the amended, repealed, and new sections of Chapter

117 will be submitted to the United States Environmental Pro

tection Agency (EPA) as a revision to the state implementation

plan (SIP), except for the following: §§117.210(c), 117.225,

117.405(d), 117.410(d), 117.425, 117.1110(b), 117.1125,

117.1310(b), and 117.1325. Sections 117.210(c), 117.225,

117.410(d), 117.425, 117.1110(b), 117.1125, 117.1310(b), and

117.1325 correspond to portions of the existing rule previously

excluded from the EPA-approved Texas SIP and will not be sub

mitted with this revision. Similarly, proposed new §117.405(d)

will not be submitted to the EPA as a SIP revision.

Background and Summary of the Factual Basis for the Proposed

Rules

General Background

The 1990 Federal Clean Air Act (FCAA) Amendments (42 United

States Code (USC), §§7401 et seq.) require the EPA to estab

lish primary National Ambient Air Quality Standards (NAAQS)

that protect public health and to designate areas as either in

attainment or nonattainment with the NAAQS, or as unclassifi

able. States are primarily responsible for ensuring attainment

and maintenance of the NAAQS once established by the EPA.

Each state is required to submit a SIP to the EPA that provides

for attainment and maintenance of the NAAQS.

On March 27, 2008, the EPA revised both the primary and sec

ondary ozone standard (the eight-hour ozone NAAQS) to a level

of 0.075 parts per million (ppm) with an effective date of May 27,

2008 (73 FR 16436). On May 21, 2012, the EPA established

initial air quality designations for the 2008 eight-hour ozone

NAAQS. Effective July 20, 2012, the Dallas-Fort Worth (DFW)

2008 eight-hour ozone nonattainment area, consisting of Collin,

Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall,

Tarrant, and Wise Counties, was classified as a moderate nonat

tainment area. The DFW area must attain the 2008 eight-hour

ozone NAAQS by December 31, 2018 (77 FR 30088, May 21,

2012). Nonattainment areas classified as moderate and above

are required to meet the mandates of the FCAA under FCAA,

§172(c)(1) and §182(f). FCAA, §172(c)(1) requires that the SIP

incorporate all reasonably available control measures, including

reasonably available control technology (RACT), for sources of

relevant pollutants. FCAA, §182(f) requires the state to submit

a SIP revision that implements RACT for all major sources of

nitrogen oxides (NO

X ).

The EPA defines RACT as the lowest emission limitation that

a particular source is capable of meeting by the application of

control technology that is reasonably available considering tech

nological and economic feasibility (44 FR 53761, September 17, 1979). The FCAA requires the state to implement RACT, while

EPA guidance provides states with the flexibility to determine

the most technologically and economically feasible RACT requirements for a nonattainment area. The proposed rulemaking would revise Chapter 117 to implement RACT for all major

sources of NO

X in the DFW area as required by FCAA, §172(c)(1)

and §182(f). The state previously adopted Chapter 117 RACT

rules for sources in the DFW area as part of the SIP submitted by the state on May 30, 2007 for the 1997 eight-hour ozone

standard, and the EPA approved these rules on December 8,

2008 (73 FR 73562). However, Wise County was classified as

attainment under the 1997 eight-hour ozone standard, so the

Chapter 117 RACT rules do not currently apply in Wise County.

The proposed rulemaking would therefore extend implementation of RACT to major sources of NO

X located in Wise County.

If adopted, these rules would be submitted to the EPA as a SIP

revision.

Under the 1997 eight-hour ozone NAAQS, the DFW eight-hour

ozone nonattainment area consisted of nine counties (Collin,

Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall,

and Tarrant) and was classified as a serious nonattainment

area. The EPA's proposed implementation rule for the 2008

eight-hour ozone NAAQS requires retaining the most stringent

major source emission threshold level for sources in an area

to prevent backsliding (78 FR 34178, June 6, 2013). For this

reason, the major source threshold for the nine counties remains

the serious classification potential to emit (PTE) of 50 tons per

year (tpy) of NO

X whereas for Wise County, the major source

threshold is the moderate classification PTE of 100 tpy of NO

X .

The emission reduction requirements from this proposed rulemaking, if adopted, would result in reductions in ozone precur

sors in Wise County. The proposed compliance date for imple

menting control requirements and emission reductions for the

DFW area is January 1, 2017, as required by the EPA's proposed

implementation rule for the 2008 eight-hour ozone NAAQS.

Proposed subchapters, divisions, and key sections with new requirements or modifications associated with the DFW 2008

eight-hour ozone RACT rulemaking include: Subchapter A,

Definitions, §117.10; Subchapter B, Combustion Control at Ma

jor Industrial, Commercial, and Institutional Sources in Ozone

Nonattainment Areas, Division 4, Dallas-Fort Worth Eight-Hour

Ozone Nonattainment Area Major Sources, §§117.400, 117.403,

117.405, 117.410, 117.423, 117.425, 117.430, 117.435, 117.440,

117.445, 117.450, 117.452, 117.454, and 117.456; Subchapter

C, Combustion Control at Major Utility Electric Generation

Sources in Ozone Nonattainment Areas, Division 4, Dallas-Fort

Worth Eight-Hour Ozone Nonattainment Area Utility Elec

tric Generation Sources, §§117.1303, 117.1310, 117.1325,

117.1335, 117.1340, 117.1345, 117.1350, and 117.1354; Subchapter G, General Monitoring and Testing Requirements,

Division 1, Compliance Stack Testing and Report Requirements,

§117.8000; and Subchapter H, Administrative Provisions, Divi

sion 1, Compliance Schedules, §117.9030 and §117.9130, and

Division 2, Compliance Flexibility, §117.9800 and §117.9810.

Subchapters, divisions, and key sections proposed for repeal by

the commission also associated with this rulemaking include all

of Subchapter B, Division 2, Dallas-Fort Worth Ozone Nonattain

ment Area Major Sources and Subchapter C, Division 2, Dal

las-Fort Worth Ozone Nonattainment Area Utility Electric Gen

eration Sources.

The commission also proposes clarifications and minor revisions

that would affect some sources in other areas covered by Chap

## PROPOSED RULES December 26, 2014 39 TexReg 10337ter 117, such as changes to definitions and testing provisions

for compliance flexibility. Other changes are proposed to ensure

the appropriate monitoring, testing, recordkeeping, and reporting

requirements for demonstrating compliance are in the rule pro

visions in addition to providing clarity or additional compliance

flexibility to owners or operators of affected units. These pro

posed changes are discussed in detail in the Section by Section

Discussion section of this preamble.

Subchapter B: Combustion Control at Major Industrial, Commer

cial, and Institutional Sources In Ozone Nonattainment Areas

Division 2: Dallas-Fort Worth Ozone Nonattainment Area Major

Sources

The commission proposes to repeal existing Subchapter B, Di

vision 2 because compliance dates for sources of NO

X subject

to this division have passed and are now considered obsolete.

Furthermore, sources previously subject to this division are now required to comply with more stringent rules in existing Subchap

ter B, Division 4.

Division 4: Dallas-Fort Worth Eight-Hour Ozone Nonattainment

Area Major Sources

The commissions is proposing a revised Subchapter B, Division

4 with new emission control requirements for major industrial,

commercial, or institutional (ICI) sources of NO

X in Wise County

and for major ICI sources of NO

X in the other nine counties that

were not addressed in previous RACT rulemakings. For the

other nine counties, one new major ICI source of NO

X was iden

tified in Kaufman County. Proposed revised Subchapter B, Di

vision 4 would require some owners or operators of major ICI

sources of NO

X in Wise or Kaufman Counties to reduce NO

X emissions from certain stationary sources and source categories

to satisfy RACT requirements. For Wise County, a major source

of NO

X is any stationary source or group of sources located within

a contiguous area and under common control that emits or has

the potential to emit equal to or greater than 100 tpy of NO

X . For

the remaining nine counties, a major source of NO

X is any sta

tionary source or group of sources located within a contiguous

area and under common control that emits or has the potential

to emit equal to or greater than 50 tpy of NO

X . In the proposed

rulemaking, the stationary source type categories with proposed

controls in Wise County are process heaters, stationary inter

nal combustion gas-fired engines, and stationary gas turbines.

In Kaufman County, the stationary source type category with

proposed controls is wood-fired boilers. Proposed revised Subchapter B, Division 4 would also extend applicability of existing

monitoring, testing, recordkeeping, and reporting requirements

associated with Subchapter B, Division 4 to the affected sources

located in Wise and Kaufman Counties. These requirements

would be necessary to ensure compliance with the proposed

emission specifications and to ensure that the NO

X emission re

ductions are achieved. Specific discussion associated with the

proposed emission specifications and other requirements in pro

posed revised Subchapter B, Division 4 is provided in the Section

by Section Discussion section.

The commission estimates that this proposed rule would result

in a 1.17 tons per day reduction of NO

X from major ICI sources

in the DFW area. In the RACT rules adopted for the May 30,

2007 DFW SIP revision, the state fulfilled NO

X RACT require

ments through adoption of emissions specifications in §117.410

to demonstrate attainment for the nine counties of the DFW 1997

eight-hour ozone nonattainment area. With this proposed rulemaking, the commission proposes to implement and fulfill NO

X RACT requirements for major sources in Wise County.

Subchapter C: Combustion Control at Major Utility Electric Gen

eration Sources In Ozone Nonattainment Areas

Division 2: Dallas-Fort Worth Ozone Nonattainment Area Utility

Electric Generation Sources

The commission proposes to repeal existing Subchapter C, Di

vision 2 because compliance dates for sources of NO

X subject

to this division have passed and are now considered obsolete.

Furthermore, sources previously subject to this division are now required to comply with more stringent rules in existing Subchap

ter C, Division 4.

Division 4: Dallas-Fort Worth Eight-Hour Ozone Nonattainment

Area Utility Electric Generation Sources

The commission is proposing a revised Subchapter C, Division

4 with revised requirements for utility electric generation sources

in the DFW area. The commission is not proposing to change

the existing RACT emission specifications that were adopted as

emissions specifications for attainment demonstration in the pre

vious RACT rulemaking, as adopted in the May 30, 2007 DFW

SIP revision. The commission proposes to repeal an existing ex

emption for auxiliary steam boilers and stationary gas turbines

that were placed into service after November 15, 1992. This

revision is proposed to make the utility rules that apply to gas

turbines in the DFW area consistent with the major source in

dustrial rules in the DFW area and to provide a more efficient

RACT demonstration for the affected utility sources. Specific

discussion associated with the proposed emission specifications

and other requirements in proposed revised Subchapter C, Divi

sion 4 is provided in the Section by Section Discussion section.

With this proposed rulemaking, the commission proposes to im

plement and fulfill NO

X RACT requirements for major sources in

Wise County.

This proposed rulemaking would include Wise County as part

of the DFW 2008 eight-hour ozone nonattainment area since

it was designated as nonattainment by the EPA in the final

designations rule published in the Federal Register on May 21,

2012 (77 FR 30088). However, the TCEQ and other concerned

parties are currently challenging whether the EPA's inclusion of

Wise County in the DFW 2008 eight-hour ozone nonattainment

area was lawful. These challenges are currently pending in the

United States Court of Appeals for the District of Columbia Cir

cuit. If the inclusion of Wise County in the DFW 2008 eight-hour

ozone nonattainment area is overturned before this rulemaking

is adopted, the TCEQ will take action to revise this rulemaking

appropriately. Because the TCEQ cannot predict the outcome

of this litigation at this time, the commission is proposing rules

that will ensure that sources within Wise County will be properly

accounted for in the DFW 2008 attainment demonstration SIP.

Should Wise County be removed from the DFW 2008 eight-hour

ozone nonattainment area after the adoption of these rules, the

proposed rules will allow the commission to exempt sources

in Wise County from major source RACT requirements upon

notice by the TCEQ via publication in the Texas Register that

Wise County is no longer a part of the DFW 2008 eight-hour

ozone nonattainment area.

Section by Section Discussion

In addition to the proposed amendments associated with im

plementing RACT for the DFW area and specific minor clarifi

cations and corrections discussed in greater detail in this Sec



## 39 TexReg 10338 December 26, 2014 Texas Registertion by Section Discussion, the proposed rulemaking also in

cludes various stylistic, non-substantive changes to update rule

language to current Texas Register style and format require

ments. Such changes include appropriate and consistent use

of acronyms, section references, rule structure, and certain ter

minology. These changes are non-substantive and generally are

not specifically discussed in this preamble. Comments received

regarding sections and rule language associated only with refor

matting and minor stylistic changes will not be considered, and

no changes will be made based on such comments.

Subchapter A, Definitions

Section 117.10, Definitions

The commission proposes revising the definitions of applicable

ozone nonattainment areas in §117.10(2). The commis

sion proposes repeal of existing §117.10(2)(B), DFW ozone

nonattainment area. The existing definition of DFW ozone

nonattainment area includes Collin, Dallas, Denton, and Tarrant

Counties. Divisions relating to this four-county DFW area

have been made obsolete by the passing of compliance dates,

and sources of NO

X previously subject to these divisions are

now required to comply with more stringent rules in existing

divisions relating to the expanded nine-county DFW area. The

commission proposes re-lettering existing §117.10(2)(C), DFW

eight-hour ozone nonattainment area, to §117.10(2)(B), and

existing §117.10(2)(D), Houston-Galveston-Brazoria ozone

nonattainment area, to §117.10(2)(C). The commission also

proposes to revise the definition of DFW eight-hour ozone

nonattainment area. The existing definition of DFW eight-hour

ozone nonattainment area includes Collin, Dallas, Denton, Ellis,

Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties.

For the purposes of Chapter 117, Subchapter D, Combustion

Control at Minor Sources in Ozone Nonattainment Areas, the

proposed revised definition includes Collin, Dallas, Denton,

Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Coun

ties, and for all other divisions of Chapter 117, the proposed

revised definition includes Collin, Dallas, Denton, Ellis, Johnson,

Kaufman, Parker, Rockwall, Tarrant, and Wise Counties. This

proposed change to the definition of DFW eight-hour ozone

nonattainment area is necessary because the commission is not

proposing to apply the existing minor source rules to sources

located in Wise County.

The commission proposes revising the definition of electric

power generating system in §117.10(14), to clarify the applicabil

ity of independent power producers in the ozone nonattainment

areas. Systems that are owned or operated by indepen

dent power producers and are located in the Beaumont-Port

Arthur ozone nonattainment area or the 10-county DFW 2008

eight-hour ozone nonattainment area are subject to Chapter

117, Subchapter C. However, as the current definition in existing

§117.10(14)(C) states, cogeneration units and independent

power producers in the Houston-Galveston-Brazoria ozone

nonattainment area are subject to the industrial, commercial,

and institutional rules in Subchapter B.

The commission therefore proposes revising §117.10(14) to

clarify this difference in applicability between the different

ozone nonattainment areas for independent power produc

ers. The proposed revisions to subparagraph (A) would add

independent power producers but limit the applicability of the

definition to only the Beaumont-Port Arthur and DFW areas. Proposed changes to §117.10(14)(A) include removal of existing

§117.10(14)(A)(ii), DFW, consistent with the proposed removal

of §117.10(2)(B). The commission proposes re-numbering ex

isting §117.10(14)(A)(iii), DFW eight-hour, to §117.10(14)(A)(ii).

Existing §117.10(14)(A)(iv), Houston-Galveston-Brazoria, is

proposed for removal to coincide with changes proposed in

§117.10(14)(B) and proposed revised §117.10(14)(C). The com

mission also proposes to remove existing §117.10(14)(B) and

move it to amended §117.10(14)(D). To address electric power generating systems located in the Houston-Galveston-Brazoria

ozone nonattainment area subject to Chapter 117, Subchapter

C, the commission proposes a modified subparagraph (B) in

§117.10(14). Proposed §117.10(14)(B) is necessary to address

specific combustion unit types that are part of electric power generating systems located in the Houston-Galveston-Brazoria

ozone nonattainment area that are subject to Subchapter C,

Division 3 while maintaining the distinction established under

§117.10(14)(C) for independent power producers. The com

mission also proposes revising §117.10(14)(C) to clarify that

the provision only applies to Subchapter B, Division 3 and to

update the reference from proposed revised §117.10(14)(A)

to concurrent proposed §117.10(14)(B). These changes to

§117.10(14) are proposed to clarify the existing definition of

an electric power generating system and are not intended to

expand the definition.

The commission proposes revising the definition of emergency

situation in §117.10(15)(A)(ii) and (vii) to update the references

to the Electric Reliability Council of Texas (ERCOT) Protocols

to the most recent published version of the ERCOT Protocols,

August 13, 2014.

The commission proposes revising the definition of large utility

system in §117.10(24) to remove the reference to DFW ozone

nonattainment area as an applicable ozone nonattainment

area to be consistent with the proposed removal of existing

§117.10(2)(B).

The commission proposes revising the definition of major source

in §117.10(29). Proposed changes to §117.10(29)(B) include

the removal of references to DFW and DFW eight-hour ozone

nonattainment area and adding Collin, Dallas, Denton, Ellis,

Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties

as applicable counties. Proposed §117.10(29)(C) includes a

new major source applicability threshold of at least 100 tpy

of NO

X for sources located in Wise County. These changes

are necessary to be consistent with proposed §117.10(2)(B),

concerning the proposed revised definition of DFW eight-hour

ozone nonattainment area and to reflect the difference in the

applicability threshold because of the different classifications

between Wise County and the other nine counties included in

the ozone nonattainment area. The commission also proposes

to re-letter existing §117.10(29)(C) to §117.10(29)(D) and re-let

ter existing §117.10(29)(D) to §117.10(29)(E).

Proposed revisions to the definition of small utility system in

§117.10(44) include the removal of the reference to DFW ozone

nonattainment area as an applicable ozone nonattainment

area to be consistent with the proposed removal of existing

§117.10(2)(B), DFW ozone nonattainment area.

The commission proposes revisions to the definition of unit in

§117.10(51). Proposed changes to §117.10(51)(A) include a ref

erence to proposed new §117.405, Emission Specifications for

Reasonably Available Control Technology (RACT), to define unit

as any boiler, process heater, stationary gas turbine, or station

ary internal combustion engine, as defined in §117.10. In addi

tion, proposed revised §117.10(51)(A) includes removing refer

ences to sections proposed for repeal.



## PROPOSED RULES December 26, 2014 39 TexReg 10339Finally, proposed changes to §117.10(51)(B) include deleting ref

erences to §117.210 and §117.1110 because these sections are proposed for repeal.

Subchapter B, Combustion Control at Major Industrial, Commer

cial, and Institutional Sources In Ozone Nonattainment Areas

Division 2, Dallas-Fort Worth Ozone Nonattainment Area Major

Sources

The commission proposes repeal of existing Subchapter B, Di

vision 2, DFW which has been made obsolete by the passing of

compliance dates because sources of NO

X previously subject to

this division are now required to comply with more stringent rules

in existing Subchapter B, Division 4.

Division 4, Dallas-Fort Worth Eight-Hour Ozone Nonattainment

Area Major Sources

To address new RACT requirements for sources of NO

X located

in Wise County, the commission is proposing a new section,

§117.405, in proposed revised Subchapter B, Division 4 that

would include new rules applicable to any major stationary

source of NO

X in Wise County. New NO

X RACT requirements

necessary for major stationary sources of NO

X in the other nine

counties that are not already addressed under the current rules

are included as proposed revisions to the existing §117.410.

The commission is not proposing to expand the list of applicable

unit types at major ICI stationary sources of NO

X as it currently

exists in §117.400 in proposed revised Subchapter B, Division

4.

Section 117.400, Applicability

Proposed revisions to §117.400 clarify which unit types located in

specific counties in the proposed revised DFW eight-hour ozone

nonattainment area would be subject to the proposed revisions

of Subchapter B, Division 4. Proposed §117.400(a) retains the

list of applicable units located at major sources of NO

isting §117.400 and specifies that these units must be X located

in ex-

at major sources of NO

X located in Collin, Dallas, Denton, Ellis,

Johnson, Kaufman, Parker, Rockwall, or Tarrant County. This

change is necessary to clarify that specific units located in the

existing nine-county DFW eight-hour ozone nonattainment area

would be subject to proposed §117.410(a), with the exception

of the one wood-fired boiler located in Kaufman County. The

wood-fired boiler identified in Kaufman County in the calendar

year 2012 TCEQ Point Source Emissions Inventory (2012 EI)

would be an applicable unit under proposed §117.400(a) subject

to the NO

X emission specification of proposed new §117.405(a)

as an ICI boiler.

The commission proposes §117.400(b) to specify the units lo

cated at major sources of NO

X located in Wise County that would

be subject to proposed §117.405(b). The proposed stationary

source type categories are ICI process heaters, stationary gas

turbines, and stationary internal combustion engines.

Section 117.403, Exemptions

Proposed revisions to §117.403 clarify exemption criteria of units

that would be exempt from specified requirements of proposed

revised Subchapter B, Division 4. To be consistent with the pro

posed revisions in §117.400, the commission proposes to revise

§117.403(a), which retains the list of applicable unit types, sizes,

and uses in existing §117.403(a). The commission proposes to

specifically list Collin, Dallas, Denton, Ellis, Johnson, Kaufman,

Parker, Rockwall, or Tarrant County in subsection (a) to make

clear that the list of exemptions provided in the subsection is only applicable in those counties and because exemptions applicable

in Wise County are proposed to be listed separately. Changes

to existing §117.403(a)(4) are proposed to facilitate consistency

between the unit size exemption threshold in §117.403(a)(4) and

the existing definition of maximum-rated capacity, as defined

in §117.10. Proposed revisions to §117.403(a)(7)(A) and (B)

are necessary to clarify that the exemption criteria for research

and testing and performance verification and testing refer to re

search, testing, and performance verification of the stationary

gas turbine or stationary internal combustion engine itself. Re

visions to §117.403(a)(7)(D) are proposed in order to clarify that

unit operation for testing or maintenance purposes up to 100

hours per year refers to testing and maintenance of the station

ary gas turbine or stationary internal combustion engine itself. In

addition, the commission proposes revising the operating hours

limit for exemption criteria for stationary gas turbines and station

ary internal combustion engines from a rolling 12-month average

to a rolling 12-month basis. The owner or operator of an affected

unit would sum all operating hours for a consecutive 12-month

period, and continue doing so on a rolling 12-month basis, as opposed to calculating the average of all operating hours dur

ing a consecutive 12-month period. A 12-month rolling average

would only apply to an hours per month limit, thus conflict with

an hour per year limit while a 12-month rolling basis is the pre

ceding 12-month total, which matches the 100 hours per year

limit. This would more accurately reflect the intent of the rule and

how an affected unit would demonstrate compliance with the op

erating restriction of a total of 100 hours per year. Similarly to

more accurately reflect the intent of the rule, revisions to exist

ing §117.403(a)(8)(A) and (9)(A) are proposed by the commis

sion to specify that the operating hours limit for exemption crite

ria for stationary diesel engines would be on a rolling 12-month

basis and not on a rolling 12-month average and thus how an

affected unit would demonstrate compliance with the operating

restriction of a total of 100 hours per year. The owner or op

erator of an affected unit would sum all operating hours for a

consecutive 12-month period, and continue doing so on a rolling

12-month basis, as opposed to calculating the average of all op

erating hours during a consecutive 12-month period.

The commission proposes to delete existing §117.403(b), Con

cerning increment of progress (IOP) exemptions, because the

provisions reference existing §117.410(a), which is concurrently

proposed for deletion by the commission. The provisions of pro

posed deletion of §117.403(b) apply to gas-fired stationary, re

ciprocating internal combustion engines which, due to the pass

ing of compliance dates, are now subject to more stringent rules

in existing Subchapter B, Division 4.

Proposed §117.403(b) specifies the unit types, sizes, or uses

for units located in Wise County that would be exempt from

the requirements of this division. Units for which the unit type,

maximum-rated capacity, or specific use would be technically

or economically infeasible to comply with the proposed NO

X emission specifications are exempted from the provisions of this

division, except as specified in proposed revised §§117.440(i),

117.445(f)(4), and 117.450 and in proposed new §117.452. The

exceptions to the proposed exemptions are related to monitor

ing, recordkeeping, and control plan requirements associated

with exempted units. Proposed amended §117.403(b)(1) speci

fies that ICI process heaters with a maximum-rated capacity of

less than 40 million British thermal units per hour (MMBtu/hr)

would be exempted. This exemption level is proposed to be

consistent with previous RACT exemption approaches for



## 39 TexReg 10340 December 26, 2014 Texas RegisterICI process heaters located in the DFW area and the Hous

ton-Galveston-Brazoria ozone nonattainment area.

The following stationary gas turbines and stationary in

ternal combustion engines would be exempt in proposed

§117.403(b)(2)(A) - (E): gas turbines and engines used in re

search and testing of the unit, used for purposes of performance

verification and testing of the unit, used solely to power other

gas turbines or engines during startups; used exclusively in

emergency situations (except that operation for testing or main

tenance purposes of the gas turbine or engine itself is allowed

up to 100 hours per year, based on a rolling 12-month basis);

or used in response to and during the existence of any officially

declared disaster or state of emergency. These exemptions are proposed due to the limited number, if any, of these unit types

used in this dedicated service.

Proposed §117.403(b)(3) specifies an exemption for any sta

tionary diesel engine, and proposed §117.403(b)(4) specifies

an exemption for any stationary dual-fuel engine. Both station

ary diesel and dual-fuel engines would meet the applicability

criterion of stationary internal combustion engine in proposed

§117.400(b); however, no units of these types were identified

in the 2012 EI for Wise County, and the commission is not

proposing emission specifications for these unit types.

Proposed §117.403(b)(5) specifies an exemption for stationary

gas-fired engines with a horsepower (hp) rating of less than 50

hp. This is consistent with the size exemption threshold currently

provided for stationary gas-fired engines in the other nine coun

ties of the nonattainment area previously established as a rea

sonable threshold to exempt smaller engines from the NO

X con

trol requirements.

Finally, the commission proposes subsection (c) to contain new

section cross-references to proposed §117.410(a)(1) and (c) and

amendments to the cross-references to existing §117.410(b)(1)

and (d).

Section 117.405, Emission Specifications for Reasonably Avail

able Control Technology (RACT)

The commission proposes new §117.405, which establishes pro

posed NO

X emission specifications to satisfy RACT requirements

for units in the 10-county DFW 2008 eight-hour ozone nonattain

ment area that would be subject to this rulemaking.

Proposed new §117.405(a) includes the proposed new emission

specification for wood-fired boilers located in the proposed re

vised DFW eight-hour ozone nonattainment area. The proposed

0.12 pounds per million British thermal units (lb/MMBtu) emis

sion specification for wood fuel-fired boilers is based on the per

mitted Best Available Control Technology limit for the unit iden

tified in the 2012 EI, and it is anticipated to require owners or

operators of affected units to possibly install and operate se

lective catalytic reduction (SCR). The unit identified in Kaufman

County in the 2012 EI currently operates with SCR for NO

X con

trol and uses a continuous emissions monitoring system (CEMS)

for monitoring NO

X emissions. While the commission is propos

ing this emission standard satisfies RACT for this particular wood

fuel-fired boiler because the facility has already installed the con

trols necessary to meet the requirement, the commission is not

proposing that SCR represents RACT on wood fuel-fired boilers

in general.

Proposed new §117.405(b) includes the proposed new emission

specifications that would apply to the following unit types at

major ICI stationary sources of NO

X located in Wise County: ICI process heaters; stationary, reciprocating internal com

bustion engines; and stationary gas turbines. Proposed new §117.405(b)(1) would establish the NO

X emission specifications

of 0.10 lb/MMBtu (or alternatively, 82 parts per million by volume

(ppmv), at 3.0% oxygen (O

2 ), dry basis) for process heaters with

a maximum-rated capacity equal to or greater than 40 MMBtu/hr.

Combustion modifications such as dry low-NO

X combustors

may be necessary for process heaters with a maximum-rated

capacity equal to or greater than 40 MMBtu/hr to comply with the

proposed 0.10 lb/MMBtu emission specification. No liquid-fired

process heaters were identified in the 2012 EI in Wise County;

however, combustion modifications may be necessary for a liquid-fired process heater to comply with the proposed NO

X emission specifications in proposed new §117.405(b)(1).

Proposed new §117.405(b)(2) provides NO

X emission specifica

tions for stationary, reciprocating internal combustion engines.

The proposed language in §117.405(b)(2)(A) and (B) would es

tablish NO

X emission specifications for stationary, gas-fired richburn and lean-burn, reciprocating internal combustion engines.

Gas-fired, rich-burn engines would be limited to 0.50 grams per horsepower-hour (g/hp-hr) in proposed new §117.405(b)(2)(A).

The proposed emission specifications for some gas-fired, leanburn engines in §117.405(b)(2)(B) would be based on specific

engine process parameters and the date the engine was placed

into service, modified, reconstructed, or relocated. Any White

Superior, model 8GTL825, gas-fired, lean-burn four-cycle en

gines placed into service, modified, reconstructed, or relocated

before June 1, 2015 would be limited to 12.0 g/hp-hr, and on or

after June 1, 2015 would be limited to 2.0 g/hp-hr. Any Clark,

model HBAGT or HBA-6, gas-fired, lean-burn two-cycle engines

placed into service, modified, reconstructed, or relocated before

June 1, 2015 would be limited to 12.0 g/hp-hr, and on or af

ter June 1, 2015 would be limited to 2.0 g/hp-hr. Finally, any

Fairbanks Morse, model MEP-8T, gas-fired, lean-burn two-cy

cle engines placed into service, modified, reconstructed, or re

located before June 1, 2015 would be limited to 4.0 g/hp-hr, and

on or after June 1, 2015 would be limited to 2.0 g/hp-hr. All other

gas-fired, lean-burn engines would be limited to 2.0 g/hp-hr.

Nonselective catalytic reduction (NSCR), with an air-to-fuel ratio

(AFR) controller, is expected to be the primary control technol

ogy for gas-fired, rich-burn engines. In some cases, the addi

tion of a secondary catalyst module may be required to meet the

proposed emission specification. The commission proposes the

0.50 g/hp-hr emission specification represents RACT for gasfired, rich-burn engines based on the low cost and wide-spread

demonstrated effectiveness of NSCR with meeting this control

level.

The commission proposes specific NO

X emission specifications

based on engine make and model for the White Superior, Clark,

and MEP units due to the following: engine manufacturers today

produce few, if any, of these engine makes and models; retrofit

options or kits to reduce NO

X emissions may not exist for some

of these particular makes and models; some units may have al

ready undergone combustion modifications, such as low-emis

sion combustion technology, to reduce emissions and thus may

be unable to further reduce NO

X emissions; and in some cases

the cost to retrofit the unit may be more than the cost of a new

unit. The commission therefore proposes that these proposed

emission levels for these specific units would satisfy RACT re

quirements considering technological and economic feasibility.

For all other lean-burn engines, the commission anticipates that

affected units would require combustion modifications to com

ply with the proposed 2.0 g/hp-hr emission specification, if nec

## PROPOSED RULES December 26, 2014 39 TexReg 10341essary. Any new gas-fired, lean-burn engines installed in Wise

County should be able to meet the proposed 2.0 g/hp-hr stan

dard without modification or installation of additional controls.

The commission acknowledges that the current emission speci

fications for stationary gas-fired, lean-burn engines in the other

nine counties of the DFW eight-hour ozone nonattainment area

are between 0.50 and 0.70 g/hp-hr, and are more stringent

than the emission specifications proposed for Wise County.

However, the commission does not consider this control level

to represent RACT for the gas-fired, lean-burn engines in Wise

County. In proposing the emission specifications for gas-fired,

lean-burn engines in the nine-county DFW 1997 eight-hour

ozone nonattainment area in December 2006, the commission

acknowledged that meeting this control level may necessitate

the installation of SCR technology (31 TexReg 10599, Decem

ber 29, 2006). SCR would cost more than the technologies

already evaluated for the particular stationary engines in Wise

County, and would likely result in the replacement of many of the

gas-fired, lean-burn engines in Wise County. Such an outcome

is contrary to the definition of RACT, i.e., the lowest emission

limitation that a particular source is capable of meeting by the

application of control technology that is reasonably available

considering technological and economic feasibility. A control

level cannot represent RACT for a "particular source" if it is more

cost-effective to replace that source with an entirely new source

in order to meet the emission limitation. The commission's

adoption of the emission specifications for gas-fired, lean-burn

engines in the nine-county DFW 1997 eight-hour ozone nonat

tainment area represented an appropriate control measure to

help the area reach attainment with the 1997 eight-hour ozone

NAAQS. However, control measures necessary to reach at

tainment can, and may, go beyond RACT requirements. Some

of the NO

X control requirements adopted in 2007 for the DFW

1997 ozone NAAQS attainment demonstration were based only

on RACT level of control and some, such as the emission spec

ifications for gas-fired lean-burn engines, were beyond RACT.

While the commission did not make this distinction in adopting

the 2007 rulemaking and only indicated that the NO

X emission

specifications would fulfill RACT, the distinction is necessary to

make clear the commission's intent for RACT in Wise County.

Additionally, the commission is allowed to make source-specific

RACT determinations, as the definition of RACT states. The

commission proposes that the NO

X emission specification in

proposed §117.405(b)(2)(B) present RACT for the particular

gas-fired lean-burn engines in Wise County.

The commission did not identify in Wise County any gas-fired en

gines fired on land-fill gas or any diesel fuel-fired or dual fuel-fired

engines in the 2012 EI. Therefore, the commission is not propos

ing NO

X RACT requirements for these categories of stationary

engines.

The commission proposes new §117.405(b)(3) for NO

X emission

specifications for stationary gas turbines in Wise County. Sta

tionary gas turbines with a hp rating of less than 4,500 hp would

be limited to 0.45 lb/MMBtu; stationary gas turbines with a hp

rating of 4,500 hp or greater, but less than 10,000 hp, would be

limited to 0.20 lb/MMBtu; and stationary gas turbines with a hp

rating of 10,000 hp or greater would be limited to 0.15 lb/MMBtu.

These limits for industrial gas turbines are based on information

identified in the 2012 EI similar to the approach used for gas-fired

lean-burn engines: retrofit options or kits to reduce NO

X emis

sions may not exist for some of these particular makes and mod

els; some units have already been retrofitted with dry low-NO

X combustors to reduce emissions and thus may be unable to fur

ther reduce NO

X emissions; and in some cases the cost to retrofit

the unit may be more than the cost of a new unit. The commis

sion therefore proposes that these proposed emission levels for

these specific units would satisfy RACT requirements consider

ing technological and economic feasibility.

Proposed new §117.405(c), concerning NO

X averaging time,

specifies the averaging times for compliance with the emission

specifications of proposed new §117.405(a) and (b). Pro

posed new §117.405(c)(1) specifies the averaging time for

units equipped with CEMS or predictive emissions monitoring

systems (PEMS) and provides three options under proposed

subparagraphs (A) - (C). Proposed subparagraph (A) specifies a rolling 30-day average, in units of the applicable emission stan

dard. Proposed subparagraph (B) specifies a block one-hour

average basis, in the units of the applicable emission standard.

Proposed subparagraph (C) specifies a block one-hour average,

in pounds per hour, for boilers and process heaters, calculated

based on the maximum-rated capacity and the applicable emis

sion specification. For units not equipped with CEMS or PEMS,

proposed new §117.405(c)(2) requires the averaging time to be

a block one-hour average in the units of the applicable emission

standard but allows the emission specifications for boilers and

process heaters to be applied in pounds per hour as specified

in proposed new §117.405(c)(1)(C).

The commission proposes new §117.405(d) that would es

tablish emission specifications for related emissions from any

unit subject to the emission specifications in proposed new §117.405(a) or (b). This is necessary to ensure that the NO

X reduction strategies of this proposed rulemaking do not re

sult in a significant increase in emissions of other pollutants.

Proposed new §117.405(d)(1) establishes a carbon monoxide

(CO) emission specification of 400 ppmv at 3.0% O

2 , dry basis

(or alternatively, 3.0 g/hp-hr for stationary internal combustion

engines; or 775 ppmv at 7.0% O

2 , dry basis for wood fuel-fired

boilers or process heaters) on a rolling 24-hour averaging period

for units equipped with CEMS or PEMS for CO, and on a block

one-hour averaging period for units not equipped with CEMS or

PEMS for CO. Proposed new §117.405(d)(2) specifies that units

that inject urea or ammonia into the exhaust stream for NO

X control must meet a 10 ppmv ammonia emission specification.

The 10 ppmv ammonia emission specification is corrected to

3.0% O

2 , dry, for boilers and process heaters, 15% O

2 , dry, for

stationary gas turbines and gas-fired lean-burn engines, and

3.0% O

2 , dry, for all other units. The specified averaging time

for the ammonia emission specification is on a rolling 24-hour

averaging

ammonia, and on a block one-hour averaging period for units

not equipped with CEMS or PEMS for ammonia. Proposed new

subsection (d)(3) specifies that the correction of CO emissions

to 3.0% O

2 , dry basis, does not apply to boilers or process

heaters operating at less than 10% of maximum load and with

stack O

2 more than 15%.

Proposed new §117.405(e) specifies conditions for compliance

flexibility with the NO

§117.405. Proposed X

new emission specifications of proposed new §117.405(e)(1) specifies that owners

or operators may use the source cap option under proposed revised §117.423, or emission reduction credits as specified in proposed revised §117.9800 to comply with the NO emission specifications of proposed new §117.405(a) or (b). X Proposed new

subsection (e)(2) prohibits using proposed revised §117.425 as

a method of compliance with the NO

X emission specifications of

proposed new §117.405(a) or (b). This prohibition is necessary

to ensure that the NO

X reductions anticipated from this proposed period for units equipped with CEMS or PEMS for



## 39 TexReg 10342 December 26, 2014 Texas Registerrulemaking would be realized. Proposed new subsection (e)(3)

specifies that owners or operators may petition the executive director for an alternative to the CO and ammonia emission specifications of proposed new §117.405(d) according to proposed

revised §117.425.

The commission proposes new §117.405(f) to establish provisions for prohibition of circumvention to ensure that the anticipated NO

X emission reductions associated with this proposed

rulemaking would be realized. The proposed new subsection

(f)(1) establishes that the maximum-rated capacity used to determine the applicability of the emission specifications in proposed new §117.405, the initial compliance demonstration in

proposed revised §117.435, the monitoring and testing requirements in proposed revised §117.440, and the final control plan

requirements in proposed new §117.452, respectively, must be

the greater of the maximum-rated capacity as of December 31,

2012, the maximum-rated capacity after December 31, 2012, or

the maximum-rated capacity authorized by a permit issued under

30 TAC Chapter 116 after December 31, 2012. Proposed new §117.405(f)(2) specifies that a unit's classification for the pur

poses of proposed revised new Subchapter B, Division 4, is de

termined by the most specific classification applicable to the unit

as of December 31, 2012. Finally, proposed new §117.405(f)(3)

specifies that a source that met the definition of a major source

as of December 31, 2012 is always classified as a major source

for the purposes of proposed revised Subchapter B, Division 4. A

source that did not meet the definition of major source on Decem

ber 31, 2012, but which at any time after December 31, 2012,

becomes a major source, would from that time forward always

be classified as a major source for purposes of proposed revised

Subchapter B, Division 4.

Section 117.410, Emission Specifications for Eight-Hour Attain

ment Demonstration

The commission proposes amending existing §117.410(a) and

to move existing §117.410(b), Emission specifications for eighthour ozone attainment demonstration, to proposed §117.410(a).

The commission established the emission specifications under

existing §117.410(a) for stationary, gas-fired rich-burn and leanburn reciprocating internal combustion engines with a maximumrated capacity of 300 hp or greater under the 5% IOP plan for

the nine counties in the existing DFW 1997 eight-hour ozone

nonattainment area. With the passing of the compliance date

for eight-hour ozone attainment demonstration emission spec

ifications in existing §117.9030(b), these gas-fired engines are

now subject to emission specifications for eight-hour ozone at

tainment demonstration in existing §117.410(b). In addition, the

commission proposes to specifically list Collin, Dallas, Denton,

Ellis, Johnson, Kaufman, Parker, Rockwall, or Tarrant County in

proposed subsection (a) to make clear that the emission speci

fications provided in the subsection are only applicable in those

counties and because emission specifications applicable in Wise

County are proposed to be listed separately.

Because of the amendment to subsection (a), all other subsec

tions are being re-lettered accordingly.

Proposed revisions to existing §117.410(b)(7)(A) include updat

ing the reference in the figure to proposed §117.410(a)(7)(A) to

coincide with the proposed incorporation of existing §117.410(b)

into proposed §117.410(a).

Proposed §117.410(c) establishes NO

X emission specifications

for related emissions from any unit subject to the emission

specifications in proposed §117.410(a). The commission pro

poses to delete existing subparagraph (A) of existing subsection

(d)(4) to be concurrent with proposed the amendment of exist

ing §117.410(a) and also because the IOP standards for the

nine counties in the existing DFW area are being amended.

In addition, the commission proposes to move the provisions

in existing subparagraph (B) of existing subsection (d)(4) to

proposed §117.410(c)(4)(A) - (C) because the restructuring

of paragraph (4) is necessary to conform to Texas Register

formatting requirements.

Proposed revisions to existing §117.410(f)(5) include updat

ing the reference from existing §117.410(b)(14) to proposed

§117.410(a)(14) to coincide with the proposed incorporation

of existing §117.410(b) into proposed §117.410(a). Lastly, the

commission proposes to delete existing §117.410(f)(6) since

stationary gas-fired engines are no longer subject to existing

§117.410(a). These gas-fired engines are now subject to pro

visions in existing §117.410(b), which is proposed to be moved

to proposed §117.410(a).

In §117.410(f), the commission proposes to clarify that testing

or maintenance associated with the operating restriction of any stationary diesel or dual-fuel engine for testing or maintenance

between the hours of 6:00 a.m. and noon refers to testing or

maintenance of the engine itself.

Section 117.423, Source Cap

The commission proposes revisions to §117.423(a) to incorpo

rate references to proposed new §117.405, Emission Specifica

tions for RACT. The source cap approach is an option provided

to owners or operators of affected units for demonstrating com

pliance with the NO

X emission specifications of proposed new §117.405 in addition to those of proposed revised §117.410.

Proposed revised §117.423(b) specifies the equations and

procedures for determining the source cap allowable NO

X mass

emission rate. The equation in proposed revised §117.423(b)(1)

specifies how to calculate the 30-day rolling average emission

cap in pounds per day. Proposed revised §117.423(b)(1)

would contain new section cross-references to proposed new §117.405. Proposed revised subsection(b)(1) would also define

the averaging period for determining the historical average daily

heat input, variable H

i , as the 24 consecutive months between

January 1, 2012 and December 31, 2013 for units subject to

proposed new §117.405. In addition, the effective date for an applicable permit emission limit for clause (ii) of variable R

i for

units subject to proposed new §117.405 is December 31, 2012.

The commission proposes the new date and date range to make

clear the dates that would apply to units subject to proposed

new §117.405 and the existing date and date range in existing

subsection (b)(1) that apply to units subject to §117.410.

Proposed revised §117.423(b)(4) contains an update to the

equation for calculating the source cap allowable emission rate,

in pounds per hour, for stationary internal combustion engines.

The commission proposes to revise the exponential power

in the equation from a positive to a negative number. This

change would allow the units, Btu and MMBtu, of the equation

to properly cancel. Without this proposed change, the equation

would calculate a value that would misrepresent the cap that is

intended by the existing rule.

Proposed revised §117.423(b)(5) specifies the equations for cal

culating the source cap allowable emission rate, in pounds per

hour, for stationary gas turbines. The commission proposes to

delete the section cross-reference to existing §117.410(b) in the

equation and to add new section cross-references to proposed



## PROPOSED RULES December 26, 2014 39 TexReg 10343new §117.405 and proposed revised §117.410 to reflect changes

proposed in those sections.

Proposed revised §117.423(g) includes section cross-refer

ences to proposed new §117.405 for conditions for including a permanently retired, decommissioned, or rendered inoperable

unit in the source cap. Proposed revised subsection (g)(1)

specifies that the shutdown must have occurred after December

31, 2012, for units subject to proposed new §117.405. In addi

tion for units subject to proposed new §117.405, if the unit was

not in service 24 consecutive months between January 1, 2012

and December 31, 2013, proposed revised subsection (g)(3)

specifies the actual heat input must be the average daily heat

input for the continuous time period that the unit was in service,

consistent with the heat input used to represent the unit's

emissions in the 2012 modeling inventory. The commission

proposes the new date and date range to make clear the dates

that would apply to units subject to proposed new §117.405

and the existing date and date range in existing subsection

(g) that apply to units subject to §117.410. The years used for

the rule represent the year associated with the level of activity

of the units participating in the cap and the baseline that is

established for modeling emissions at the time the regulations

are developed. The cap is then based on that year.

Section 117.425, Alternative Case Specific Specifications

The commission proposes to revise existing §117.425(a), which

provides procedures concerning alternative case specific speci

fications, by including new section cross-references to proposed

new §117.405(d) and a corrected reference to §117.410(c). Pro

posed revisions to paragraph (2) include a section cross-refer

ence to proposed new §117.405.

Section 117.430, Operating Requirements

The commission proposes revisions to existing §117.430, which

establishes operating requirements for sources subject to

proposed revised Subchapter B, Division 4. Proposed revised

subsection (b) adds a section cross-reference to proposed new §117.405. Additional changes to proposed revised subsection

(b) include deleting the reference to existing §117.410(a) and

(b) and a proposed reference to revised §117.410.

Section 117.435, Initial Demonstration of Compliance

The commission proposes revisions to existing §117.435, which

details the monitoring and testing procedures required to demon

strate compliance with the emission specifications of Subchap

ter B, Division 4. Proposed revised §117.435(c) replaces the

reference to "relative accuracy test audit" (RATA) with the more general term, "monitor certification." This change clarifies that

verification of operational status must include completion of the

initial monitor certification, which includes not only the RATA but

also the seven-day drift test.

Section 117.440, Continuous Demonstration of Compliance

Proposed revised §117.440(a)(1), which details the list of units

that would be subject to the fuel metering requirements of pro

posed revised §117.440(a), adds a section cross-reference to

proposed new §117.405, concerning emission specifications for

RACT. The commission is also clarifying that operation of the to

talizing fuel flow meter in conjunction with the unit operating time

is not time averaged over a calendar year but instead continuous

operating time during a calendar year that is representative of the

total fuel meter operating time. This total fuel meter operating

time must still be at least 95% of the time that the unit operates.

In addition, the commission proposes revised §117.440(a)(1)(A) to provide an exemption for wood-fired boilers to the fuel flow me

tering requirements of existing subsection (a)(1). Instead of in

stalling and operating a totalizing fuel flow meter, owners or oper

ators of wood-fired boilers in the 10-county DFW 2008 eight-hour

ozone nonattainment area would demonstrate compliance with

the monitoring provisions of proposed revised Subchapter B, Di

vision 4 through either fuel use records that would be required in

proposed revised §117.445(f) or the alternative monitoring pro

vision of existing §117.440(a)(2)(A). As mentioned previously in

this preamble, the one wood-fired boiler identified in Kaufman

County currently operates with SCR and a NO

X CEMS.

Provisions in existing subsection (c) specify the units for which

owners and operators shall install and operate a CEMS or PEMS

to monitor NO

X exhaust, criteria for exempt units, and methods to

be used to provide substitute emissions compliance data during

periods when the NO

X monitors are offline. Proposed revisions

to subsection (c)(1) include adding section cross-references

to proposed new §117.405(a) and (b) and proposed revised

§117.410(a) and deleting references to existing §117.410(b).

Proposed revised §117.440(d), concerning ammonia monitoring

requirements, adds section cross-references to proposed new §117.405(a) and (b) and proposed new §117.410(a) and deletes

a reference to existing §117.410(b). In addition, the commission

proposes a reference to proposed new §117.405(d)(2) to be

consistent with the proposed new §117.405.

The commission is also requesting comments during this rulemaking proposal on the NO

X monitoring requirements in existing

§117.440(c) for ceramic kilns. It has come to the attention of the

commission that issues associated with NO

X monitoring using a

CEMS or PEMS may exist for owners or operators of ceramic

kilns. Existing subsection (c) requires owners or operators of a

ceramic kiln to install, calibrate, maintain, and operate a CEMS

or PEMS to monitor exhaust NO

X . The commission therefore re

quests comments on alternatives, such as periodic testing, to the

existing provisions of the NO

X monitoring requirements of exist

ing §117.440(c) for ceramic kilns.

Proposed revised §117.440(j), concerning data used for compli

ance, specifies that the methods required in proposed revised

§117.440 must be used to demonstrate compliance with the

emission specifications after the initial demonstration of compli

ance required by proposed revised §117.435. The commission

proposes references to proposed new §117.405(a) and (b)

and proposed new §117.410(a) and repeal of the reference to

existing §117.410(a) and (b).

Finally, proposed revised §117.440(k) specifies the testing and

retesting requirements for units subject to the emission specifi

cations of proposed new §117.405(a) or (b) or proposed revised

§117.410(a). The commission proposes deleting existing para

graph (1), which has now been made obsolete by the passing

of compliance dates in existing §117.9030(a) and also contains

provisions for units subject to existing §117.410(a). The amend

ment of paragraph (1) would be concurrent with the proposed

amendment of existing §117.410(a) and existing §117.9030(a),

concerning IOP emission specifications. The commission pro

poses to move existing subsection (k)(2) to subsection (k)(1). In

addition, the commission proposes new references to proposed

new §117.405(a) and (b) and proposed revised §117.410(a) and

remove the reference to existing §117.410(b). Proposed new paragraph (1) would require the owner or operator of units sub

ject to the emission specifications of proposed new §117.405(a)

or (b) or proposed revised §117.410(a) to test the units as speci

fied in proposed revised §117.435, Initial Demonstration of Com



## 39 TexReg 10344 December 26, 2014 Texas Registerpliance, in accordance with the schedule specified in proposed

revised §117.9030.

The commission proposes to move existing paragraph (3) to pro

posed amended paragraph (2). Proposed changes also include

references to proposed new §117.405(a) and (b) and proposed

revised §117.410(a) with removal of the reference to existing

§117.410(b). Proposed amended subsection (k)(2) is a retesting

requirement for owners or operators to retest any unit subject

to the emission specifications of proposed new §117.405(a) or (b) or proposed revised §117.410(a) after any modification that

could be reasonably expected to increase the NO

X emission rate.

This proposed retesting provision applies to units that are not

equipped with CEMS or PEMS to monitor NO

X emissions.

Section 117.445, Notification, Recordkeeping, and Reporting

Requirements

The commission proposes removing the requirements in existing

§117.445(b)(1) and (2), which specify the notification require

ments for units subject to the emission specifications of existing

§117.410(a) and (b), respectively. As mentioned elsewhere in

the Section by Section Discussion of this preamble, existing

§117.410(a) is concurrently proposed for amendment due to

the passing of compliance dates in existing §117.9030(a) and

because affected units of existing §117.410(a) are now subject

to emission specifications in existing §117.410(b), which is also

concurrently proposed to be moved to proposed §117.410(a).

In addition, the commission proposes §117.445(b) to contain

the provisions of proposed amended §117.445(b)(2), which

detail the notification requirements for units subject to existing

§117.410(b). Proposed §117.445(b) would also include section

cross-references to proposed new §117.405(a) and (b) and

proposed revised §117.410(a). Under proposed new subsection

(b), written notice is required at least 15 days in advance of the

date of any CEMS or PEMS performance evaluation conducted

under proposed revised §117.440 or stack test conducted under

proposed revised §117.435.

Proposed revised §117.445(e), which specifies the semiannual

reporting requirements for owners or operators of any gas-fired

engines, includes a section cross-reference to proposed new §117.405. Written reports of excess emissions and the air-fuel

ratio monitoring system performance must be submitted to the

executive director.

Proposed revised §117.445(f) specifies requirements for written

or electronic records for owners or operators of units subject to

the requirements of this division. Proposed revised subsection

(f)(4), which specifies that records of monthly hours of operation

must be maintained for units claiming an exemption based on

hours per year of operation, includes section cross-references

to proposed §117.403(b)(2)(D) to reflect proposed changes in

§117.403. The commission proposes to clarify that owners or

operators of stationary gas turbines are also required to maintain

records of the purpose of unit operation, such as the identifica

tion of the type of emergency situation.

The commission proposes revisions to existing subsection (f)(9)

to clarify that records retention of each time a stationary diesel or

dual-fuel engine is operated for testing and maintenance refers

to testing and maintenance of the diesel or dual-fuel engine it

self. Finally, proposed revised §117.445(f)(10) updates the exist

ing section cross-reference from existing §117.410(b)(7)(A)(ii) to

proposed §117.410(a)(7)(A)(ii), to coincide with the amendment

of existing §117.410(a) and the proposed re-lettering of existing

§117.410(b) to proposed §117.410(a). Section 117.450, Initial Control Plan Procedures

The commission proposes revisions to existing §117.450,

concerning the requirements and procedures for submitting an

initial control plan. The commission proposes in §117.450(a),

(a)(1), (1)(C), and (2) section cross-references to proposed

new §117.405(a) and (b) and proposed revised §117.410(a)

and to delete references to existing §117.410(b). Proposed

revised §117.450(a) requires the owner or operator of any

unit at a major source of NO

X in the 10-county DFW area that

is subject to proposed new §117.405(a) or (b) or proposed

revised §117.410(a) to submit an initial control plan and lists

the content requirements for the initial control plans. Sources in

the nine-county DFW area already subject to §117.410 would

have previously been required to submit the initial control plans.

Sources subject to proposed new §117.405 would be required

to submit initial control plans by the applicable compliance date.

The commission proposes to revise existing subsection (b) to

update the section cross-reference from existing §117.9030(b)

to proposed revised §117.9030. Proposed revised §117.450(b)

specifies the initial control plan must be submitted to the Office

of Compliance and Enforcement, the appropriate regional office,

and the Office of Air by the applicable date specified for initial

control plans in proposed revised §117.9030.

Finally, the commission proposes to delete existing §117.450(c),

which specifies that for units located in Dallas, Denton, Collin,

and Tarrant Counties, subject to existing Subchapter B, Division

2, the owner or operator may elect to submit the most recent

revision of the final control plan required by proposed repealed

§117.254 in lieu of the initial control plan required by existing sub

section (a). The proposed deleted §117.450(c) would be concur

rent with the proposed repeal of existing Subchapter B, Division

2 due to the passing of compliance dates and because sources

of NO

X previously subject to Subchapter B, Division 2 are now re

quired to comply with more stringent rules in existing Subchapter

B, Division 4.

Section 117.452, Final Control Plan Procedures for Reasonably

Available Control Technology

The commission proposes a new §117.452 that would require

the owner or operator of any unit subject to proposed new §117.405(a) or (b) at a major source of NO

X to submit a final

control report to show compliance with the requirements of

proposed new §117.405. Proposed new §117.452(a)(1) - (5)

specifies the content requirements of the report. The final con

trol report must identify which sections are used to demonstrate

compliance. The report must include: the method of NO

X control

for each unit; the emissions measured by testing required in

proposed revised §117.435; and the specific rule citation for any

unit with a claimed exemption from the emission specifications

of proposed new §117.405(a) or (b). In addition, if a compliance

stack test report or monitor certification report required by

proposed revised §117.435 is not being submitted concurrently

with the final control report, the final control report must include

the date the compliance stack test report or monitor certification

report was submitted, and whether it was sent to the central

office, the regional office, or both offices.

Proposed new §117.452(b)(1) - (3) specifies that for sources complying with proposed revised §117.423 in addition to the re

quirements of proposed new subsection (a), the owner or opera

tor shall submit: the calculations used to calculate the 30-day av

erage and maximum daily source cap allowable emission rates;

the average daily heat input, variable H

i , specified in proposed



## PROPOSED RULES December 26, 2014 39 TexReg 10345revised §117.423(b)(1); the maximum daily heat input, variable

H

mi , specified in proposed revised §117.423(b)(2); the method of

monitoring emissions; the method of providing substitute emissions data when the NO

X monitoring system is not providing valid

data; and an explanation of the basis of the values of variables

H

i and H

mi .

Proposed new §117.452(c) specifies the report must be submitted to the Office of Compliance and Enforcement, the

appropriate regional office, and the Office of Air by the applicable date specified for final control plans in proposed revised

§117.9030(a). The plan must be updated with any emission

compliance measurements submitted for units using a CEMS

or PEMS and complying with the source cap rolling 30-day

average emission limit, according to the applicable schedule in

proposed revised §117.9030(a).

Section 117.454, Final Control Plan Procedures for Attainment

Demonstration Emission Specifications

The commission proposes revisions to existing §117.454 which

require the owner or operator of any unit subject to proposed

revised §117.410 at a major source of NO

X to submit a final

control report to show compliance with the requirements of pro

posed revised §117.410. Proposed revised §117.454(a)(4) up

dates the reference to "relative accuracy test audit" to "monitor

certification" consistent with the concurrently proposed revision

to §117.435(c). Proposed revised §117.454(b)(2)(B) corrects a

section cross-reference from §117.423(b)(1) to §117.423(b)(2),

for sources choosing the source cap compliance option.

Finally, proposed revised §117.454(c) specifies the report must

be submitted to the Office of Compliance and Enforcement, the

appropriate regional office, and the Office of Air by the appli

cable date specified for final control plans in proposed revised

§117.9030.

Section 117.456, Revision of Final Control Plan

The commission proposes revisions to existing §117.456 by

adding in paragraph (1) a section cross-reference to proposed

new §117.405. The section specifies the conditions under

which a revised final control plan may be submitted by the

owner or operator, along with any required permit applications.

Paragraphs (1) - (3) specify that such a plan must adhere to

the requirements and the final compliance dates of the division,

and that for sources complying with proposed new §117.405

or proposed revised §117.410, replacement new units may be

included in the control plan. Also, for sources complying with

proposed revised §117.423, any new unit must be included in

the source cap if the unit belongs to an equipment category that

is included in the source cap.

Subchapter C, Combustion Control at Major Utility Electric Gen

eration Sources in Ozone Nonattainment Areas

Division 2, Dallas-Fort Worth Ozone Nonattainment Area Utility

Electric Generation Sources

The commission proposes repeal of existing Subchapter C, Di

vision 2, which has been made obsolete by the passing of com

pliance dates because sources of NO

X previously subject to this

division are now required to comply with more stringent rules in

existing Subchapter C, Division 4.

Division 4, Dallas-Fort Worth Eight-Hour Ozone Nonattainment

Area Utility Electric Generation Sources

To address new RACT requirements for sources of NO

X located

in Wise County, the commission is proposing revisions in Subchapter C, Division 4, that would revise existing rule language

and requirements associated with any major utility electric gener

ation source of NO

X in the 10-county DFW 2008 eight-hour ozone

nonattainment area. The definition of a major source of NO

X in

Wise County is in proposed revised §117.10(29)(C) and includes

any stationary source or group of sources located within a con

tiguous area and under common control that emits or has the

potential to emit 100 tpy of NO

X .

Section 117.1303, Exemptions

Proposed revisions to §117.1303 clarify exemption criteria of

units that would be exempt from specified requirements of

proposed revised Subchapter C, Division 4. The commission is

proposing to remove the existing exemption in §117.1303(a)(1),

which applies to any new auxiliary steam boiler or stationary

gas turbine placed into service after November 15, 1992. This

revision is proposed to make the utility rules that apply to gas

turbines in the DFW area consistent with the major source

industrial rules in the DFW area and to provide a simpler RACT

demonstration for the affected utility sources. Affected auxiliary

steam boilers and gas turbines would be required to meet the

NO

X emission specifications and monitoring and testing require

ments, which are not proposed for revision, of proposed revised

Subchapter C, Division 4. Based on a TCEQ review of the

2012 EI and available air permit information, the TCEQ expects

that all existing auxiliary steam boilers in the nine counties

of the DFW 1997 eight-hour ozone nonattainment area were

constructed prior to the exemption date of November 15, 1992.

Therefore, the exemption in §117.1303(a)(1) did not apply to

these existing units, and no impact is expected as a result of

the proposed repeal of the exemption. New units would either

qualify for the existing exemption in §117.1303(a)(2) based

on annual heat input or would be required to comply with the

provisions of proposed revised Subchapter C, Division 4. No

auxiliary steam boilers were identified in Wise County.

After reviewing the 2012 EI and available air permit information

for all existing gas turbines in the nine counties of the DFW 1997

eight-hour ozone nonattainment area, the TCEQ has concluded

that all existing gas turbines in the nine counties of the DFW area

were placed into service after November 15, 1992. Although the

proposed removal of the exemption in §117.1303(a)(1) would af

fect these existing units, all of the affected turbines would already

meet the NO

X emission specifications and monitoring require

ments of proposed revised Subchapter C, Division 4. Existing

monitoring provisions require owners or operators of units sub

ject to the NO

X emission specifications to install, calibrate, main

tain, and operate a NO

X emissions monitoring system. Because

these units already meet the NO

X emission specifications and

monitoring requirements of Subchapter C, Division 4, the com

mission does not expect adverse impacts to owners or operators

of affected units in the nine counties of the DFW area as a result

of deleting the requirement in §117.1303(a)(1). New units would

either qualify for the existing exemption in §117.1303(a)(3)(B)

based on unit operating hours or would be required to comply

with the provisions of proposed revised Subchapter C, Division 4.

One utility electric generation source in Wise County was iden

tified as an affected source. Based on 2012 EI information, this

source would already meet the NO

X emission specifications and

monitoring requirements of proposed revised Subchapter C, Di

vision 4. The remaining paragraphs will be renumbered accord

ingly.

The commission proposes revising the operating hours limit for

exemption criteria for stationary gas turbines and stationary in



## 39 TexReg 10346 December 26, 2014 Texas Registerternal combustion engines in proposed §117.1303(a)(2)(B) from

a rolling 12-month average to a rolling 12-month basis. The

owner or operator of an affected unit would sum all operating

hours for a consecutive 12-month period, and continue doing so

on a rolling 12-month basis, as opposed to calculating the aver

age of all operating hours during a consecutive 12-month period.

This would more accurately reflect the intent of the rule and how

an affected unit would demonstrate compliance with the operat

ing restriction of a total of 850 hours per year.

Section 117.1310, Emission Specifications for Eight-Hour Attain

ment Demonstration

Proposed revised §117.1310(b) establishes emission specifica

tions of related emissions for units that are subject to the emis

sion specifications of subsection (a) of this section. The commis

sion proposes deleting existing §117.1310(b)(1) and (2) due to

removing ammonia emission specification found in existing sub

section (b)(2)(B) and restructuring of subsection (b) that would

be necessary to conform to current Texas Register formatting re

quirements. Existing paragraph (2) specifies ammonia emission

specifications for units that are subject to the NO

X emission spec

ifications of §117.1310(a). Existing paragraph (2)(A) applies only

to units that inject urea or ammonia into the exhaust stream for

NO

X control while existing paragraph (2)(B) applies to all units.

Existing §117.1310(b)(2)(B) cites a RACT emission specification

for ammonia that is now obsolete, and the commission proposes

that an ammonia emission specification is needed only for units

that use urea or ammonia for control of NO

X emissions.

In restructuring subsection (b), the commission proposes to

move the existing provisions of §117.1310(b)(1)(A) to pro

posed §117.1310(b)(1)(A) and (B). The existing provisions of

§117.1310(b)(1)(B) are proposed to be moved to proposed

§117.1310(b)(2). The existing provisions of §117.1310(b)(2)(A)

are proposed to be moved to proposed §117.1310(b)(3)(A) and

(B).

Section 117.1325, Alternative Case Specific Specifications

Minor stylistic, non-substantive changes are proposed in existing

subsection (a) of this section. No other changes are proposed.

Section 117.1335, Initial Demonstration of Compliance

The commission proposes a paragraph (4) in existing

§117.1335(d) to specify the monitoring procedures to be fol

lowed for units complying with a NO

X emission specification in

lb/MMBtu on a block one-hour average. Existing rule provisions

address monitoring procedures for units complying with a NO

X emission specification in lb/MMBtu on a rolling 30-day average

and on a rolling 24-hour average; however, they do not address

how units must comply with a NO

X emission specification in

lb/MMBtu on a block one-hour average. The commission pro

poses to renumber existing paragraph (4) to paragraph (5). In

addition, the commission proposes a paragraph (6) to specify

the monitoring procedures to be followed for units complying

with a NO

X emission specification in lb/MMBtu on a rolling

168-hour average.

Similar to the approach for proposed paragraph (4), existing rule

provisions do not address how units must comply with a NO

X emission specification in lb/MMBtu on a rolling 168-hour aver

age. The commission proposes that the 168-hour average emis

sion rate is calculated using the equation in §117.1310(a)(1)(D).

In addition, the commission proposes to clarify that the systemwide heat input weighted average is calculated for each hour,

and the average of that hourly data during the 168-hour test pe

riod is used to demonstrate compliance. Finally, the commission

proposes to renumber existing paragraph (5) to proposed para

graph (7).

Section 117.1340, Continuous Demonstration of Compliance

The commission proposes changes to existing §117.1340,

which details the operating, monitoring, and testing procedures

required by owners or operators of units subject to the emis

sion specifications of proposed revised §117.1310 in order

to demonstrate continuous compliance. Proposed revised

§117.1340(c), concerning ammonia monitoring requirements,

updates a reference from existing §117.1310(b)(2)(A) and to

proposed §117.1310(b)(3) to coincide with the changes pro

posed in §117.1310(b). Alternative NO

X monitoring provisions

for auxiliary steam boilers are provided in existing subsection

(f). Proposed revisions to §117.1340(f) include rule language

to clarify that the alternative monitoring provisions for using

a CEMS apply to monitoring only NO

X emissions. Proposed

revised §117.1340(h)(2) includes additional rule language to

clarify that stationary gas turbines that are not rated less than

30 megawatts (MW) or that are not peaking gas turbines that

use steam or water injection must use either a CEMS or PEMS

to comply with the monitoring requirements for stationary gas

turbines that are subject to the stationary gas turbine emission

specifications of §117.1310.

Section 117.1345, Notification, Recordkeeping, and Reporting

Requirements

Proposed revised subsection (d) specifies the semiannual re

porting requirements for owners or operators of units using a

CEMS, PEMS, or steam-to-fuel or water-to-fuel ratio monitoring

system under proposed revised §117.1340. Proposed changes

to subsection (d)(5) add a PEMS to the list of monitoring systems

for which the owner or operator must submit a summary report

and an excess emission report if the monitoring system down

time for the reporting period is greater than or equal to 5.0% of

the total unit operating time for the reporting period. Proposed

revised subsection (e)(3) also clarifies that the owner or opera

tor of each unit subject to the requirements of the division shall

maintain records of the quantity and type of each fuel burned in

the unit. All other proposed changes to existing §117.1345 are

minor stylistic, non-substantive changes.

Section 117.1350, Initial Control Plan Procedures

The commission proposes to delete existing subsection (c),

which contains references to existing §117.1110 and §117.1154,

concurrently proposed for repeal, to be consistent with the

proposed repeal of existing Subchapter C, Division 2.

Section 117.1354, Final Control Plan Procedures for Attainment

Demonstration Emission Specifications

Proposed revised §117.1354 requires the owner or operator of

utility boilers listed in §117.1300 at a major source of NO

X to sub

mit a final control plan to show compliance with the requirements

of proposed revised §117.1310. Proposed §117.1354(a)(3) up

dates the reference to "relative accuracy test audit" to "monitor

certification" consistent with the language in §117.1335(c). All

other changes are minor revisions to update TCEQ office names

and references.

Subchapter G, General Monitoring and Testing Requirements

Division 1, Compliance Stack Testing and Report Requirements

Section 117.8000, Stack Testing Requirements



## PROPOSED RULES December 26, 2014 39 TexReg 10347The commission proposes §117.8000(e) to establish emission

testing provisions for boilers and process heaters that are used

on a temporary basis and are therefore installed or relocated to

an account to be operated for a brief period of time. The owner

or operator of a site that temporarily brings a unit on-site for

short periods of time would not have sufficient amount of time

to perform the testing requirements of the rule. These proposed

requirements would be applicable to affected units in all areas

covered by Chapter 117. Proposed subsection (e) would pro

vide compliance flexibility to owners or operators that use tem

porary boilers or process heaters for less than 60 consecutive

calendar days by allowing the owner or operator to use previous

stack test results conducted on the boiler or process heater or

a manufacturer's guarantee of performance. The previous test

ing results or manufacturer's guarantee must be for the unit that

would be newly installed at the account and not testing results or

guarantee of performance for a similar unit make or model. For

the purposes of this proposed subsection, the term "relocate" or

"relocated" means to newly install at an account, as defined in

§101.1, Definitions, a boiler or process heater from anywhere

outside of that account. Proposed subsection (e)(1) specifies

that if previous testing results are used, testing must have been

conducted on the same boiler or process heater in accordance

with §117.8000(b) - (d). In addition, the owner or operator of the

site temporarily installing the unit shall maintain a record of the

previous test report as specified by the recordkeeping require

ments under Chapter 117 applicable to the site.

Proposed subsection (e)(2) specifies that the owner or opera

tor shall physically remove the unit from the account no later

than 60 consecutive calendar days after installing the unit at the

account. If the owner or operator chooses not to physically re

move the unit from the account, the owner or operator shall com

ply with the testing requirements as specified in §117.8000(b)

- (d). Lastly, the commission proposes that extensions to the

60 consecutive calendar days limitation of proposed subsection

(e) would not be provided. This is to prevent circumvention of

satisfying the applicable initial demonstration of compliance and

testing requirements that would otherwise apply to the affected

stationary boiler or stationary process heater subject to Chapter

117. In addition, the commission does not anticipate that these

affected units would be using a CEMS or PEMS for demonstrat

ing compliance with the requirements of Chapter 117.

Subchapter H, Administrative Provisions

Division 1, Compliance Schedules

Section 117.9010, Compliance Schedule for Dallas-Fort Worth

Ozone Nonattainment Area Major Sources

The commission proposes the repeal of existing §117.9010,

which has been made obsolete by the passing of compliance

dates because sources of NO

X previously subject to this sec

tion are now required to comply with more stringent rules in

proposed revised §117.9030.

Section 117.9030, Compliance Schedule for Dallas-Fort Worth

Eight-Hour Ozone Nonattainment Area Major Sources

The commission proposes deleting existing §117.9030(a),

concerning compliance schedule for IOP emission specifica

tions. With the passing of the compliance date for eight-hour

ozone attainment demonstration emission specifications in

existing §117.9030(b), these gas-fired engines are now subject

to emission specifications for eight-hour ozone attainment

demonstration in existing §117.410(b), which the commission is

proposing as revised §117.410(a). The commission proposes a new subsection (a) in §117.9030,

concerning RACT emission specifications, to specify the com

pliance schedule requirements for units subject to the emission

specifications of proposed new §117.405(a) and (b). Proposed

§117.9030(a)(1) requires the owner or operator of any station

ary source of NO

X in the 10-county DFW 2008 eight-hour ozone

nonattainment area that is a major source of NO

X and is subject

to proposed new §117.405(a) or (b) to submit the initial control

plan required by proposed revised §117.450 no later than June

1, 2016, and to comply with all other requirements of proposed

revised Subchapter B, Division 4 as soon as practicable, but no

later than January 1, 2017. Proposed §117.9030(a)(2) speci

fies that the owner or operator of any stationary source of NO

X that becomes subject to the requirements of proposed revised

Subchapter B, Division 4 on or after January 1, 2017, shall com

ply with the requirements of Subchapter B, Division 4 as soon

as practicable, but no later than 60 days after becoming subject.

For example, new units placed into service after January 1, 2017

would be required to comply within 60 days after startup of the

unit. Existing units previously exempt from the rule but no longer

qualifying for that exemption after January 1, 2017 would be re

quired to comply with the proposed rule no later than 60 days

after the unit no longer qualifies for the exemption.

Proposed §117.9030(a)(3) specifies that if Wise County is not

designated a nonattainment county as part of the DFW 2008

eight-hour ozone nonattainment area, an owner of operator of

any unit located at a major stationary source of NO

X located in

Wise County would not be required to comply with the applicable

requirements of proposed revised Subchapter B, Division 4. The

commission would publish notice of a change in nonattainment

status for Wise County in the Texas Register. This change is

proposed because Texas is currently in litigation over the inclu

sion of Wise County in the DFW 2008 eight-hour ozone nonat

tainment area, as discussed elsewhere in this preamble. As

the commission cannot predict the outcome of this litigation at

this time, the commission is proposing rules that will ensure that

sources within Wise County will be properly accounted for in the

DFW 2008 attainment demonstration SIP.

Proposed revisions to existing §117.9030(b), concerning

eight-hour ozone attainment demonstration emission specifica

tions, include updates to section cross-references. Proposed

revised §117.9030(b)(1), (1)(B), (B)(i) and (ii) include deleting

the references to existing §117.410(b) and proposing references

to §117.410(a). Proposed revised paragraph (1)(C) deletes

the reference to existing §117.410(g) and adds a reference to

proposed §117.410(f).

Section 117.9110, Compliance Schedule for Dallas-Fort Worth

Ozone Nonattainment Area Utility Electric Generation Sources

The commission proposes repeal of existing §117.9110, which

has been made obsolete by the passing of compliance dates

because sources of NO

X previously subject to this section are

now required to comply with more stringent rules in proposed

§117.9130.

Section 117.9130, Compliance Schedule for Dallas-Fort Worth

Eight-Hour Ozone Nonattainment Area Utility Electric Genera

tion Sources

Proposed revised §117.9130 specifies the compliance sched

ule for owners or operators of electric utilities subject to pro

posed revised Subchapter C, Division 4. Proposed subsection

(a), which specifies the compliance schedule for existing elec

tric utilities subject to the existing rule, deletes a reference to



## 39 TexReg 10348 December 26, 2014 Texas Registerthe existing DFW eight-hour ozone nonattainment area and pro

poses the following new list of counties: Collin, Dallas, Denton,

Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Coun

ties. This change is proposed to be consistent with the proposed

revised definition of DFW eight-hour ozone nonattainment area

in §117.10 and to distinguish between the existing compliance

schedule for sources currently subject to the rule and those that

would be newly subject by the proposed rulemaking.

The commission proposes §117.9130(b) to detail the compli

ance schedule for auxiliary steam boilers and stationary gas tur

bines located in Collin, Dallas, Denton, Ellis, Johnson, Kauf

man, Parker, Rockwall, and Tarrant Counties that would be af

fected by the proposed amendment to the existing exemption in

§117.1303(a)(1). Affected auxiliary steam boilers and station

ary gas turbines would be units that were placed into service

after November 15, 1992, and these affected units would be

required to meet the NO

X emission specifications and monitor

ing and testing requirements, which are not proposed for revi

sion, of proposed revised Subchapter C, Division 4. Proposed

§117.9130(b)(1) requires the owner or operator to submit the ini

tial control plan required by proposed revised §117.1350 by no

later than June 1, 2016. Proposed §117.9130(b)(2) specifies that

the owner or operator must comply with all other requirements

of proposed revised Subchapter C, Division 4 as soon as practi

cable but no later than January 1, 2017.

The commission proposes §117.9130(c) to detail the compliance

schedule for electric utilities located in Wise County subject to

the proposed rule. Proposed §117.9130(c)(1) requires the owner

or operator to submit the initial control plan required by proposed

revised §117.1350 by no later than June 1, 2016. Proposed sub

section (c)(2) specifies that the owner or operator must comply

with all other requirements of proposed revised Subchapter C,

Division 4 as soon as practicable but no later than January 1,

2017. The commission proposes to move existing subsection

(b) to proposed subsection (d).

Proposed §117.9130(d) specifies that for electric utilities in

Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, or Tarrant County that become subject to Subchapter C,

Division 4 on or after March 1, 2009, and for electric utilities in

Wise County that become subject to Subchapter C, Division 4

on or after January 1, 2017, the owner or operator must comply

as soon as practicable but no later than 60 days after becoming

subject.

Finally, proposed §117.9130(e) specifies that if Wise County is

not designated a nonattainment county as part of the DFW 2008

eight-hour ozone nonattainment area, an owner of operator of

an electric utility located in Wise County would not be required

to comply with the applicable requirements of proposed revised

Subchapter C, Division 4. The commission would publish notice

of a change in nonattainment status for Wise County in the Texas

Register. This change is proposed because Texas is currently

in litigation over the inclusion of Wise County in the DFW 2008

eight-hour ozone nonattainment area, as discussed elsewhere in

this preamble. As the commission cannot predict the outcome

of this litigation at this time, the commission is proposing rules

that will ensure that sources within Wise County will be properly

accounted for in the DFW 2008 attainment demonstration SIP.

Division 2, Compliance Flexibility

Section 117.9800, Use of Emission Credits for Compliance

Proposed revised §117.9800 includes section cross-reference

updates to be consistent with proposed repeal of Subchapter B, Division 2, and Subchapter C, Division 2. The commission pro

poses revisions to existing subsections (a)(1) - (5), (b), and (d)

to reflect proposed changes in the other subchapters. Proposed

revised subsection (a)(1) would also add a section cross-refer

ence to proposed new §117.405.

Section 117.9810, Use of Emission Reductions Generated from

the Texas Emissions Reduction Plan (TERP)

The commission proposes revisions to existing §117.9810,

which would remove cross-references to be consistent with the

proposed repeal of Subchapter B, Division 2, and Subchapter

C, Division 2 and renumber paragraphs accordingly. Proposed

revised subsection (a)(1) would add a new reference to pro

posed new §117.405. The commission proposes to renumber

existing subsection (a)(6) to proposed subsection (a)(2) to

reflect proposed subsection (a)(2) - (5).

Fiscal Note: Costs to State and Local Government

Jeff Horvath, Analyst in the Chief Financial Officer's Division, has

determined that for the first five-year period the proposed rules

are in effect, no fiscal implications are anticipated for the agency

or for other units of state or local government as a result of ad

ministration or enforcement of the proposed rules. The proposed

rules would require some major ICI sources of NO

X in the DFW

area to control emissions. Fiscal implications could be signifi

cant depending on the type of emission source, the size of the

source, and the type of emission control technology chosen.

The proposed rules would revise Chapter 117 to implement

RACT for all major sources of NO

X in the DFW area as re

quired by the FCAA. The state previously adopted Chapter 117

RACT rules for sources in most of the DFW area as part of the

SIP for the 1997 eight-hour ozone standard; however, Wise

County was classified as unclassifiable/attainment under the

1997 eight-hour ozone standard so the current RACT rules do

not apply in Wise County. Under the 2008 eight-hour ozone

NAAQS, the DFW 2008 eight-hour ozone nonattainment area, consisting of Collin, Dallas, Denton, Ellis, Johnson, Kaufman,

Parker, Rockwall, Tarrant, and Wise Counties, is classified as

a moderate nonattainment area with a December 31, 2018 at

tainment deadline. Nonattainment areas classified as moderate

and above are required to meet the mandates of the FCAA. The

FCAA requires that the SIP incorporate all reasonably available

control measures, including RACT, for sources of relevant

pollutants. The proposed rulemaking would therefore extend

implementation of RACT to major sources of NO

X located in

Wise County. If adopted, these rules would be submitted to the

EPA as a SIP revision.

The EPA defines RACT as the lowest emission limitation that

a particular source is capable of meeting by the application of

control technology that is reasonably available considering tech

nological and economic feasibility. Although the FCAA requires

the state to implement RACT, EPA guidance provides states with

the flexibility to determine the most technologically and econom

ically feasible RACT requirements for a nonattainment area.

The proposed rules are expected to affect 27 current sites in the

DFW area including 20 oil and gas facilities, six electric genera

tion facilities, and one paperboard mill. None of the these facili

ties are owned or operated by units of state or local government

and therefore no fiscal implications are anticipated for state or lo

cal governments for the first five-year period the proposed rules

would be in effect.

Public Benefits and Costs



## PROPOSED RULES December 26, 2014 39 TexReg 10349Mr. Horvath has also determined that for each year of the first

five years the proposed rules are in effect, the public benefit anticipated from the changes seen in the proposed rules would be

the reduction of NO

X in the DFW area and the enhanced protection of the environment and public health and safety through the

efficient and fair administration of NO

X emission standards for the

DFW 2008 eight-hour ozone nonattainment area. It is estimated

that the proposed rules would reduce the amount of NO

X in the

DFW area by 1.17 tons per day.

Fiscal implications are anticipated for businesses in the DFW

area as a result of the administration and enforcement of the

proposed rules. The proposed rules are not expected to have a

direct impact on individuals other than the added health benefits

from a reduction in the amount of NO

X in the DFW area.

The proposed rulemaking would require affected businesses to

comply with emission standards, conduct initial emissions testing or continuous emissions monitoring to demonstrate compliance, install and operate a totalizing fuel flow meter, perform

quarterly and periodic annual emissions compliance testing on engines, submit compliance reports to the TCEQ, and maintain

the appropriate records demonstrating compliance with the proposed rules, including but not limited to fuel usage, produced

emissions, emissions-related control system maintenance, and

emissions performance testing.

Emission sources that would be subject to the proposed rules

include: industrial heaters; industrial engines; industrial turbines;

utility turbines; and wood-fired boilers. There are an estimated

152 affected emission sources on 27 sites in the DFW area that

would be affected by the proposed rules, with most of them in

Wise County.

Oil and gas production and transmission sites and electric gen

erating utilities in Wise County that own or operate gas-fired en

gines, gas-fired turbines, or gas-fired process heaters would be

newly subject to the proposed rules and would be required to

comply with the proposed rules. Due to proposed repeal of the

existing exemption for auxiliary steam boilers and stationary gas

turbines placed into service after 1992, electric generating utili

ties that own or operate gas-fired turbines in Collin, Ellis, John

son, or Kaufman Counties would also be newly subject to the

proposed rules and would be required to comply with the pro

posed rules. Proposed removal of the exemption would apply

to all nine counties of the DFW area; however, affected station

ary gas-fired turbines were identified in Collin, Ellis, Johnson,

and Kaufman Counties. One paperboard mill with a wood-fired

boiler in Kaufman County would be required to comply with the

proposed rules.

Total capital and testing costs for all affected facilities identified

to implement the proposed rules are estimated to be $1,456,725

in the first year the proposed rules are in effect. Compliance test

ing and monitoring and maintenance costs are estimated to be

$109,500 in year two, $517,875 in year three, $109,500 in year

four, and $517,875 in year five for all affected sites and facilities

in the DFW area. Combined total capital and total annual costs

for all affected units to comply with the proposed requirements for

the five-year period covered by the fiscal note are estimated to be

$2,711,475, with total capital estimated to be $881,350 and total

annual testing, monitoring, and maintenance costs estimated to

be $1,830,125. The cost-effectiveness for the proposed emis

sion reductions from all affected units is estimated at $1,563 per

ton of NO

X reduced. Most of the costs from the proposed rules would be incurred

by facilities in Wise County and would result from compliance

with the requirements to control emissions under Subchapter B,

Division 4.

Utility sources of NO

X in the DFW area would be affected by Subchapter C, Division 4 of the proposed rules and are expected to

incur some additional initial compliance testing and continuous

monitoring costs, but these costs are not expected to be signif

icant (estimated to be $32,000 for all utility units subject to the

emission specifications).

The following sections provide further detail on how each pro

posed subchapter is expected to affect the emission sources in

the DFW area.

Subchapter B, Division 4: Dallas-Fort Worth Eight-Hour Ozone

Nonattainment Area Major Sources

The proposed rules would require some major ICI sources of

NO

X in the DFW area to control emissions. Fiscal implications

could be significant for these sources, depending on the type of

emission source, the size of the source, and the type of emis

sion-control technology chosen by the affected business.

Staff has identified 37 rich-burn engines, 84 lean-burn engines,

11 industrial turbines, and two process heaters owned or oper

ated by businesses that would be required to install and operate

additional emission controls.

All 37 rich-burn engines, 84 lean-burn engines, 11 industrial tur

bines, and two process heaters (or 134 emission sources) would

be required to install and operate a totalizing fuel flow meter to

monitor fuel usage to demonstrate compliance with the proposed

rules. The wood-fired boiler is expected to use solid fuel; there

fore, the wood-fired boiler located in Kaufman County would not

be expected to install a totalizing fuel flow meter.

The estimated cost to purchase and install a totalizing fuel flow

meter is $2,500 per meter. No annual operating and mainte

nance costs are expected. Fuel metering costs, therefore, have

a combined total capital cost of $335,000 ($2,500 x 134 emis

sion sources) for all affected ICI units located in Wise County.

Emissions stack testing is estimated at $3,500 per test. All en

gines would be required to conduct initial and periodic compli

ance tests as well as quarterly tests, with quarterly emissions

testing using a portable NO

X analyzer estimated at $125 per test.

For the first five years the proposed rules are in effect, annual

costs due to compliance testing for all affected ICI units could

total $517,875 in year one; $121,000 in years two and four; and

$937,750 in years three and five.

Twenty-seven of the total 37 rich-burn engines in the DFW area

would be required to use NSCR with an AFR controller to reduce

NO

X emissions. Of the total 84 lean-burn engines, some may re

quire combustion modifications to meet the proposed NO

X stan

dards. Some of the 11 industrial turbine units may also require

modifications to combustion methods to meet the proposed NO

X standards. Two process heaters would be subject to the pro

posed NO

X emission specification, and these two heaters may require installation and operation of dry low NO

X (DLN) combus

tors along with a single burner test to verify burner design and

operation in order to meet the proposed standard. The TCEQ

expects the wood-fired boiler to not require additional controls or

modifications in order to meet the proposed NO

X emission spec

ification.



## 39 TexReg 10350 December 26, 2014 Texas RegisterCapital costs for a new NSCR system are approximately $30/hp.

For an existing system, the cost is approximately $10/hp to

add catalyst elements to further reduce NO

X emissions. Three

sources are anticipated to require new NSCR, and 24 are anticipated to require additional catalyst elements to meet the

proposed NO

X emission specification for rich-burn gas-fired

engines. The remaining ten units are expected to meet the pro

posed emission standard without additional controls or engine

modifications. Annual costs for operation and maintenance

are approximately $3,000 per year and assumed to be half of

that for existing NSCR systems requiring additional catalyst

elements. Capital cost associated with NSCR and secondary

catalyst retrofits for 27 units are estimated to be $346,350 with

annual maintenance costs of $45,000.

No capital costs due to retrofits or combustion modifications are expected for the 84 lean-burn gas-fired engines in order for these

units to meet the proposed NO

X emission specifications for leanburn engines. Analysis shows that additional controls are un

necessary in order for lean-burn engines to meet the proposed

standards. Fuel meters, expected to be required for all rich-burn

and lean-burn gas-fired engines that are not exempt, are esti

mated to total $302,500. For all 121 engines, initial and periodic

compliance tests are required along with three quarterly checks.

These are estimated to cost $468,875 in the first year and every

other year. Quarterly checks, required for years where periodic

testing is not required, is estimated to cost $60,500 per year for

all 121 engines. The requirement to perform compliance testing

would allow an owner or operator of an affected engine to ver

ify the actual performance of the engine using actual emissions

data to determine compliance with the proposed standards. Ap

plication of NSCR on rich-burn gas-fired engines is estimated to

achieve a reduction in NO

X emissions of 1.12 tons per day. No

reductions in NO

X emissions are anticipated from these monitor

ing and testing requirements on lean-burn gas-fired engines.

All 11 gas-fired industrial turbines are expected to install fuel

meters with a capital cost of $27,500. No capital costs due

to retrofits or combustion modifications are expected for these

same 11 units in order for the units to meet the proposed NO

X emission specifications for industrial gas turbines. Initial compli

ance testing is estimated at $38,500 for all units subject to the

proposed emission specifications. These activities on gas-fired

industrial turbines are not expected to result in additional reduc

tions in NO

X emissions.

To meet the proposed NO

X standard for gas-fired process

heaters, as many as two units may need to install and operate

DLN combustors which have a capital cost of approximately

$7,500 per burner for a conventional-style burner. A single

burner test to prove the design is efficient is usually required,

and estimates for this single test total $25,000. A reasonable

assumption for the number of burners to meet proposed emis

sion levels is ten burners per heater for installation. Capital

costs of the retrofit for these two non-exempt units are estimated

at $150,000, with an additional capital cost of approximately

$50,000 for the burner tests. Annual operating and maintenance

costs associated with the DLN combustors are not expected

to be significant considering the type of fuel combusted and

sizes of the heaters. Fuel metering costs for the two units are

estimated to be $5,000. Initial compliance testing is estimated

at $7,000 for all units subject to the proposed emission specifi

cation. Combined capital costs are estimated at $205,000, and

annual costs are estimated at $7,000. These burner retrofits are anticipated to achieve NO

X emission reductions of approximately

0.06 tons per day. As the wood-fired boiler is already equipped with a SCR system for NO

X control, §117.440 requires the installation of either a

CEMS or a PEMS for monitoring NO . However, the wood-fired

boiler is already equipped with a NO X

X CEMS under its permit requirements. Due to the NO

X monitoring requirement, §117.440

also requires CO monitoring using one of the methods available

in Chapter 117 for CO monitoring. Furthermore due to use of

an SCR system, §117.440 requires ammonia monitoring using

one of the methods available in Chapter 117 for ammonia monitoring. Under its permit requirements, the wood-fired boiler is

already equipped with a CO CEMS and must also test for and

monitor ammonia emissions. Both the CO CEMS and ammonia monitoring methods in the permit satisfy CO and ammonia

monitoring requirements of Chapter 117. Therefore, the owner

or operator is not expected to incur any additional costs to comply with the NO

X , CO, and ammonia monitoring requirements of

§117.440. It is expected that the owner or operator would also

use the NO

X CEMS to satisfy initial compliance testing requirements and would therefore not perform a separate stack test.

The owner or operator is not expected to incur any additional

costs to comply with initial compliance testing requirements of

§117.435.

While none of the other affected industrial sources are expected

to be required to install a NO

X CEMS or PEMS as a result of the

proposed rule, if an owner or operator does need to or elects to

use a CEMS or PEMS to comply with the rule, the capital costs

are estimated to be approximately $148,300 for equipment purchase and installation. Annual costs are estimated to be approximately $48,000 for equipment operation and maintenance.

Subchapter C, Division 4: Dallas-Fort Worth Eight-Hour Ozone

Nonattainment Area Utility Electric Generation Sources

The proposed rules are expected to result in some costs for electric utility sources of NO

X in the DFW area, though these costs

are not expected to be significant.

Based on a review of the point source emissions inventory, all 17

utility turbines are already equipped with SCR systems for NO

control, and X the TCEQ anticipates that none of the 17 utility turbines would require combustion modifications or additional controls in order to meet the proposed NO emission specifications.

Furthermore, §1 X 17.1340 requires the installation of a CEMS, a

PEMS, or another system specified in §117.1340 for monitoring

NO

X , and it also requires the owner or operator of an affected

unit to conduct CO monitoring using one of the methods available in Chapter 117 for CO monitoring. Since all affected utility

turbines use SCR for NO

X control, §117.1340 further requires the

owner or operator of an affected unit to conduct ammonia monitoring using one of the methods available in Chapter 117 for ammonia monitoring. Based on the same review of the emissions

inventory, all 17 utility turbines are also already equipped with

a NO

CEMS X and a CO CEMS. For all 17 units, both the NO and CO

satisfy NO

X and CO monitoring requirements of X Chapter

117. Therefore, the owner or operator is not expected to incur

any additional costs to comply with the NO or CO monitoring

requirements of §117.1340. It is expected X that the owner or operator would also use the NO

X and CO CEMS to satisfy initial

compliance testing requirements and would therefore not perform a separate stack test for either NO

X or CO. The owner or

operator is not expected to incur any additional costs to comply

with initial compliance testing requirements of §117.1335.

The same review of the inventory shows that 13 of the 17 utility turbines are also already equipped with an ammonia CEMS.

For these 13 units, the ammonia CEMS satisfies ammonia mon

## PROPOSED RULES December 26, 2014 39 TexReg 10351itoring requirements of Chapter 117. Therefore, the owner or

operator is not expected to incur any additional costs to comply

with the ammonia monitoring requirements of §117.1340. For

these 13 units, it is further expected that the owner or operator

would also use the ammonia CEMS to satisfy initial compliance

testing requirements and would therefore not perform a separate

stack test for ammonia emissions. The owner or operator is not

expected to incur any additional costs to comply with initial com

pliance testing requirements of §117.1335.

The remaining four utility turbines would be required to conduct

initial stack testing and ammonia monitoring to comply with the

corresponding rule provisions of the division. Initial stack test

ing costs are estimated at $3,000 per test for the first year the

proposed rules are in effect. For ammonia monitoring, it is antic

ipated that owners or operators of affected units would use stain

tube testing as the cheapest available method. With this method,

annual compliance monitoring costs are estimated to be $1,000

per year for all five years the proposed rules are in effect. For the

first five years the proposed rules are in effect, testing costs for

these utility turbines could total $16,000 in year one and $4,000

in each of years two through five. Total testing costs for the first

five years the rules are in effect for stationary gas-fired utility tur

bines are estimated to be $32,000.

Due to applicability of existing federal rules for gas turbines at

electric generation facilities, the TCEQ anticipates that all 17

units more than likely already use totalizing fuel flow meters,

thereby satisfying fuel meter operating requirements in the pro

posed rulemaking. In addition, the owner or operator can use

an alternative fuel consumption monitoring method in lieu of in

stalling a fuel meter. No capital costs due to retrofits, combustion

modifications, or fuel meters are expected for these 17 units in

order for the units to meet the proposed NO

X emission specifica

tions or fuel flow monitoring requirements for utility gas turbines.

Combined total capital and total annual costs for all affected units

to comply with the proposed requirements of Subchapter C, Divi

sion 4 are estimated to total $32,000 with total capital estimated

to be zero and total annual estimated to be $32,000. No reduc

tions in NO

X emissions are anticipated from utility units located

at electric generating utilities.

Subchapter G, Division 1: Compliance Stack Testing and Report

Requirements

For owners or operators of boilers and process heaters that

are used on a temporary basis, the proposed rulemaking would

provide compliance flexibility by establishing compliance testing

provisions that would be applicable to affected units in all areas

covered by Chapter 117. Owners or operators of affected units

can use previous stack test results or a manufacturer's guar

antee to satisfy initial compliance demonstration requirements.

For owners or operators of these units, no additional annual

costs due to compliance testing are expected.

Small Business and Micro-Business Assessment

No adverse fiscal implications are anticipated for small or microbusinesses as a result of the implementation or administration of

the proposed rules. The proposed rules would apply to major ICI

sources of NO

X and to electric utility sources of NO

X in the DFW

area. Agency staff did not identify any small or micro-businesses

that would be affected by the proposed rules.

Small Business Regulatory Flexibility Analysis

The commission has reviewed this proposed rulemaking and de

termined that a small business regulatory flexibility analysis is not required because the proposed rules do not adversely affect a

small or micro-business in a material way for the first five years

that the proposed rules are in effect and federal rules require the

state to implement RACT.

Local Employment Impact Statement

The commission has reviewed this proposed rulemaking and de

termined that a local employment impact statement is not re

quired because the proposed rules do not adversely affect a lo

cal economy in a material way for the first five years that the

proposed rules are in effect.

Draft Regulatory Impact Analysis Determination

The commission reviewed the proposed rulemaking in light of

the regulatory impact analysis requirements of Texas Govern

ment Code, §2001.0225, and determined that the proposed rulemaking meets the definition of a "major environmental rule" as

defined in that statute. A "major environmental rule" means a

rule, the specific intent of which is to protect the environment

or reduce risks to human health from environmental exposure,

and that may adversely affect in a material way the economy, a

sector of the economy, productivity, competition, jobs, the envi

ronment, or the public health and safety of the state or a sector

of the state. The proposed rulemaking does not, however, meet

any of the four applicability criteria for requiring a regulatory im

pact analysis for a major environmental rule, which are listed in

Texas Government Code, §2001.0225(a). Texas Government

Code, §2001.0225, applies only to a major environmental rule,

the result of which is to: 1) exceed a standard set by federal law,

unless the rule is specifically required by state law; 2) exceed an

express requirement of state law, unless the rule is specifically

required by federal law; 3) exceed a requirement of a delega

tion agreement or contract between the state and an agency or representative of the federal government to implement a state

and federal program; or 4) adopt a rule solely under the general

powers of the agency instead of under a specific state law.

The state previously adopted RACT rules for NO

X sources in

most of the DFW area as part of the SIP for the 1997 eight-hour

ozone standard. On March 27, 2008, the EPA revised both the

primary and secondary ozone standard (the eight-hour ozone NAAQS) to a level of 0.075 ppm with an effective date of May

27, 2008 (73 FR 16436). On May 21, 2012, the EPA established

initial air quality designations for the 2008 eight-hour ozone

NAAQS. Effective July 20, 2012, the DFW 2008 eight-hour

ozone nonattainment area, consisting of Collin, Dallas, Denton,

Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise

Counties, was classified as a moderate nonattainment area

for the 2008 eight-hour ozone NAAQS. Nonattainment areas

classified as moderate and above are required to meet the

mandates of FCAA, §172(c)(1) and §182(f). FCAA, §172(c)(1)

requires that the SIP incorporate all reasonably available control

measures, including RACT, for sources of relevant pollutants.

FCAA, §182(f) requires the state to submit a SIP revision that

implements RACT for all major sources of NO

X . The proposed

rulemaking would revise Chapter 117 to implement RACT

for all major sources of NO

X in the DFW area as required by

FCAA, §172(c)(1) and §182(f). The proposed rulemaking would

also extend implementation of RACT to major sources of NO

X located in Wise County, which was classified as unclassifi

able/attainment under the 1997 eight-hour ozone standard but

is now classified as nonattainment. The commission is also

proposing rules that would allow the commission to remove

the applicability of RACT requirements to sources in Wise

County, if Wise County were to be removed from the DFW



## 39 TexReg 10352 December 26, 2014 Texas Register2008 eight-hour ozone nonattainment area. These specific

changes are proposed because Texas is currently in litigation

over the inclusion of Wise County in the DFW 2008 eight-hour

ozone nonattainment area, as discussed elsewhere in this

preamble. As the commission cannot predict the outcome of

this litigation at this time, the commission is proposing rules

that will ensure that sources within Wise County will be properly

accounted for in the DFW 2008 attainment demonstration SIP.

The proposed new rules update RACT requirements for the

following source categories in Chapter 117: Combustion Control

at Major Industrial, Commercial, and Institutional Sources in

Ozone Nonattainment Areas, DFW Eight-Hour Ozone Nonat

tainment Area Major Sources; Combustion Control at Major

Utility Electric Generation Sources in Ozone Nonattainment

Areas, DFW Eight-Hour Ozone Nonattainment Area Utility

Electric Generation Sources. The proposed rules also modify

and update definitions; general monitoring and testing require

ments; emission monitoring requirements; and administrative,

scheduling, and compliance requirements.

The proposed rulemaking implements requirements of 42 USC,

§7410, which requires states to adopt a SIP that provides for the

implementation, maintenance, and enforcement of the NAAQS

in each air quality control region of the state. While 42 USC,

§7410 generally does not require specific programs, methods,

or reductions in order to meet the standard, the SIP must in

clude enforceable emission limitations and other control mea

sures, means or techniques (including economic incentives such

as fees, marketable permits, and auctions of emissions rights),

as well as schedules and timetables for compliance as may be

necessary or appropriate to meet the applicable requirements of

this chapter (42 USC, Chapter 85, Air Pollution Prevention and

Control). The provisions of the FCAA recognize that states are

in the best position to determine what programs and controls are

necessary or appropriate in order to meet the NAAQS. This flex

ibility allows states, affected industry, and the public, to collabo

rate on the best methods for attaining the NAAQS for the specific

regions in the state. Even though the FCAA allows states to de

velop their own programs, this flexibility does not relieve a state

from developing a program that meets the requirements of 42

USC, §7410. States are not free to ignore the requirements of

42 USC, §7410, and must develop programs to assure that their

contributions to nonattainment areas are reduced so that these

areas can be brought into attainment on schedule. The proposed

rulemaking would revise Chapter 117 to implement RACT for all

major sources of NO

X in the DFW area as required by FCAA,

§172(c)(1) and §182(f).

The requirement to provide a fiscal analysis of proposed regula

tions in the Texas Government Code was amended by SB 633

during the 75th Legislature, 1997. The intent of Senate Bill (SB)

633 was to require agencies to conduct a regulatory impact anal

ysis of extraordinary rules. These are identified in the statutory

language as major environmental rules that will have a material

adverse impact and will exceed a requirement of state law, fed

eral law, or a delegated federal program, or are adopted solely

under the general powers of the agency. With the understanding

that this requirement would seldom apply, the commission pro

vided a cost estimate for SB 633 concluding that "based on an

assessment of rules adopted by the agency in the past, it is not

anticipated that the bill will have significant fiscal implications for

the agency due to its limited application. The commission also

noted that the number of rules that would require assessment

under the provisions of the bill was not large. This conclusion

was based, in part, on the criteria set forth in the bill that ex

empted proposed rules from the full analysis unless the rule was

a major environmental rule that exceeded a federal law.

As discussed earlier in this preamble, the FCAA does not al

ways require specific programs, methods, or reductions in or

der to meet the NAAQS; thus, states must develop programs

for each area contributing to nonattainment to help ensure that

those areas will meet the attainment deadlines. Because of the

ongoing need to address nonattainment issues and to meet the

requirements of 42 USC, §7410, the commission routinely pro

poses and adopts SIP rules. The legislature is presumed to un

derstand this federal scheme. If each rule proposed for inclusion

in the SIP was considered to be a major environmental rule that

exceeds federal law, then every SIP rule would require the full

regulatory impact analysis contemplated by SB 633. This con

clusion is inconsistent with the conclusions reached by the com

mission in its cost estimate and by the Legislative Budget Board

(LBB) in its fiscal notes. Since the legislature is presumed to

understand the fiscal impacts of the bills it passes, and that pre

sumption is based on information provided by state agencies and

the LBB, the commission believes that the intent of SB 633 was only to require the full regulatory impact analysis for rules that are extraordinary in nature. While the SIP rules will have a broad im

pact, the impact is no greater than is necessary or appropriate

to meet the requirements of the FCAA. For these reasons, rules

adopted for inclusion in the SIP fall under the exception in Texas

Government Code, §2001.0225(a), because they are required

by federal law.

The commission has consistently applied this construction to its

rules since this statute was enacted in 1997. Since that time,

the legislature has revised the Texas Government Code, but

left this provision substantially unamended. It is presumed that

"when an agency interpretation is in effect at the time the legisla

ture amends the laws without making substantial change in the

statute, the legislature is deemed to have accepted the agency's

interpretation." Central Power & Light Co. v. Sharp, 919 S.W.2d

485, 489 (Tex. App. Austin 1995), writ denied with per curiam

opinion respecting another issue, 960 S.W.2d 617 (Tex. 1997);

Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. App.

Austin 1990, no writ). Cf. Humble Oil & Refining Co. v. Calvert,

414 S.W.2d 172 (Tex. 1967); Dudney v. State Farm Mut. Auto

Ins. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 2000); South

western Life Ins. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App.

Austin 2000, pet. denied); and Coastal Indust. Water Auth. v. Trinity Portland Cement Div., 563 S.W.2d 916 (Tex. 1978).

The commission's interpretation of the regulatory impact anal

ysis requirements is also supported by a change made to the

Texas Administrative Procedure Act (APA) by the legislature in

1999. In an attempt to limit the number of rule challenges based

upon APA requirements, the legislature clarified that state agen

cies are required to meet these sections of the APA against the

standard of "substantial compliance." The legislature specifically

identified Texas Government Code, §2001.0225, as falling under

this standard. The commission has substantially complied with

the requirements of Texas Government Code, §2001.0225.

The specific intent of the proposed rulemaking is to protect the

environment and reduce the risks to human health by requir

ing control measures for NO

X emission sources that have been

determined by the commission to be RACT for the DFW area.

These revisions would result in NO

X emission reductions in the

DFW 2008 eight-hour ozone nonattainment area, which may

contribute to the timely attainment of the 2008 eight-hour ozone

NAAQS and reduce public exposure to NO

X . The proposed rule

## PROPOSED RULES December 26, 2014 39 TexReg 10353making does not exceed a standard set by federal law or ex

ceed an express requirement of state law. No contract or del

egation agreement covers the topic that is the subject of this

proposed rulemaking. Therefore, this proposed rulemaking is

not subject to the regulatory analysis provisions of Texas Gov

ernment Code, §2001.0225(b), because although the proposed

rulemaking meets the definition of a "major environmental rule,"

it does not meet any of the four applicability criteria for a major

environmental rule.

The commission invites public comment regarding the draft reg

ulatory impact analysis determination during the public comment

period. Written comments on the draft regulatory impact analy

sis determination may be submitted to the contact person at the

address listed under the Submittal of Comments section of this

preamble.

Takings Impact Assessment

The commission evaluated the proposed rulemaking and per

formed an assessment of whether Texas Government Code,

Chapter 2007, is applicable. The specific purpose of the pro

posed rulemaking is to implement RACT for all NO

X emission

sources in the 2008 eight-hour ozone DFW nonattainment area,

as required by FCAA, §172(c)(1) and §182(f). Texas Govern

ment Code, §2007.003(b)(4), provides that Texas Government

Code, Chapter 2007 does not apply to this proposed rulemaking

because it is an action reasonably taken to fulfill an obligation

mandated by federal law.

In addition, the commission's assessment indicates that Texas

Government Code, Chapter 2007 does not apply to these pro

posed rules because this is an action that is taken in response

to a real and substantial threat to public health and safety; that

is designed to significantly advance the health and safety pur

pose; and that does not impose a greater burden than is neces

sary to achieve the health and safety purpose. Thus, this action

is exempt under Texas Government Code, §2007.003(b)(13).

The proposed rules fulfill the FCAA requirement to implement

RACT in nonattainment areas. These revisions would result in

NO

X emission reductions in ozone nonattainment areas that may

contribute to the timely attainment of the 2008 eight-hour ozone

NAAQS and reduce public exposure to NO

X . Consequently, the

proposed rulemaking meets the exemption criteria in Texas Gov

ernment Code, §2007.003(b)(4) and (13). For these reasons,

Texas Government Code, Chapter 2007 does not apply to this

proposed rulemaking.

Consistency with the Coastal Management Program

The commission reviewed the proposed rulemaking and found

the proposal is a rulemaking identified in the Coastal Coordi

nation Act Implementation Rules, 31 TAC §505.11(b)(2) relating

to rules subject to the Coastal Management Program, and will,

therefore, require that goals and policies of the Texas Coastal

Management Program (CMP) be considered during the rulemak

ing process.

The commission reviewed this rulemaking for consistency with

the CMP goals and policies in accordance with the regulations of

the Coastal Coordination Advisory Committee and determined

that the rulemaking will not affect any coastal natural resource

areas because the rules only affect counties outside the CMP

area and is, therefore, consistent with CMP goals and policies.

Written comments on the consistency of this rulemaking may be

submitted to the contact person at the address listed under the

Submittal of Comments section of this preamble. Effect on Sites Subject to the Federal Operating Permits Program

Chapter 117 is an applicable requirement under 30 TAC Chapter

122, Federal Operating Permits Program. If the proposed revisions to Chapter 117 are adopted, owners or operators subject

to the federal operating permit program must, consistent with

the revision process in Chapter 122, upon the effective date of

the rulemaking, revise their operating permit to include the new Chapter 117 requirements.

Announcement of Hearing

The commission will hold two public hearings on this proposal:

one in Arlington on January 15, 2015 at 6:30 p.m. in the City of

Arlington Council Chamber at the Arlington Municipal Building

located at 101 W. Abram Street, Arlington, Texas, 76010; and a

second hearing in Austin on January 22, 2015 at 10:00 a.m. in

Building E, Conference Room 201S, at the commission's central office located at 12100 Park 35 Circle, Austin, Texas, 78753.

The hearings will be structured for the receipt of oral or written

comments by interested persons. Individuals may present oral

statements when called upon in order of registration. Open discussion will not be permitted during the hearings; however

, com

mission staff members will be available to discuss the proposal

30 minutes prior to the hearings.

Persons who have special communication or other accommoda

tion needs who are planning to attend the hearings should con

tact Sandy Wong, Office of Legal Services at (512) 239-1802.

Requests should be made as far in advance as possible.

Submittal of Comments

Written comments may be submitted to Derek Baxter, MC

205, Office of Legal Services, Texas Commission on Environ

mental Quality, P.O. Box 13087, Austin, Texas 78711-3087,

or faxed to (512) 239-4808. Electronic comments may be

submitted at: http://www5.tceq.texas.gov/rules/ecomments /.

File size restrictions may apply to comments being submitted

via the eComments system. All comments should refer

ence Rule Project Number 2013-049-117-AI. The comment

period closes January 30, 2015. Copies of the proposed

rulemaking can be obtained from the commission's Website at

http://www.tceq.texas.gov/nav/rules/propose_adopt.html

. For

further information, please contact Javier Galvan of the Air

Quality Planning Section, at (512) 239-1492.



## SUBCHAPTER A. DEFINITIONS

30 TAC §117.10

Statutory Authority

The amended section is proposed under Texas Water Code

(TWC), §5.102, concerning General Powers, that provides the

commission with the general powers to carry out its duties

under the TWC, §5.103, concerning Rules, that authorizes the

commission to adopt rules necessary to carry out its powers

and duties under the; TWC, §5.105, concerning General Policy,

that authorizes the commission by rule to establish and approve

all general policy of the commission; and under Texas Health

and Safety Code (THSC), §382.017, concerning Rules, that

authorizes the commission to adopt rules consistent with the

policy and purposes of the Texas Clean Air Act. The amended

section is also proposed under THSC, §382.002, concerning

Policy and Purpose, that establishes the commission's purpose

to safeguard the state's air resources, consistent with the pro

tection of public health, general welfare, and physical property;



## 39 TexReg 10354 December 26, 2014 Texas RegisterTHSC, §382.011, concerning General Powers and Duties,

that authorizes the commission to control the quality of the

state's air; and THSC, §382.012, concerning State Air Control

Plan, that authorizes the commission to prepare and develop

a general, comprehensive plan for the proper control of the

state's air. The amended section is also proposed under THSC,

§382.016, concerning Monitoring Requirements; Examination

of Records, that authorizes the commission to prescribe rea

sonable requirements for the measuring and monitoring of air

contaminant emissions. The amended section is also proposed

under Federal Clean Air Act (FCAA), 42 United States Code

(USC), §§7401, et seq., which requires states to submit state

implementation plan revisions that specify the manner in which

the National Ambient Air Quality Standards will be achieved and

maintained within each air quality control region of the state.

The amended section implements THSC, §§382.002, 382.011,

382.012, 382.016, and 382.017; and FCAA, 42 USC, §§7401 et

seq.

§117.10. Definitions.

Unless specifically defined in the Texas Clean Air Act or Chapter 101

of this title (relating to General Air Quality Rules), the terms in this

chapter have the meanings commonly used in the field of air pollution

control. Additionally, the following meanings apply, unless the con

text clearly indicates otherwise. Additional definitions for terms used

in this chapter are found in §3.2 and §101.1 of this title (relating to Def

i nitions).

(1) Annual capacity factor--The total annual fuel conumed by a unit divided by the fuel that could be consumed by the unit

f operated at its maximum rated capacity for 8,760 hours per year.

(2) Applicable ozone nonattainment area--The following

reas, as designated under the 1990 Federal Clean Air Act Amendents.

(A) Beaumont-Port Arthur ozone nonattainment areaAn area consisting of Hardin, Jefferson, and Orange Counties.

[(B) Dallas-Fort Worth ozone nonattainment area--An

rea consisting of Collin, Dallas, Denton, and Tarrant Counties.]

(B) [(C)] Dallas-Fort Worth eight-hour ozone nonatainment area--An area consisting of: [Collin, Dallas, Denton, Ellis,

ohnson, Kaufman, Parker, Rockwall, and Tarrant Counties.]

(i) for the purposes of Subchapter D of this chapter

relating to Combustion Control at Minor Sources in Ozone Nonattainent Areas), Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker,

ockwall, and Tarrant Counties; or

(ii) for all other divisions of this chapter, Collin,

allas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant,

nd Wise Counties.

(C) [(D)] Houston-Galveston-Brazoria ozone nonatainment area--An area consisting of Brazoria, Chambers, Fort Bend,

a t

G

w

t

e

f

d

a lveston, Harris, Liberty, Montgomery, and Waller Counties.

(3) Auxiliary steam boiler--Any combustion equipment

ithin an electric power generating system, as defined in this section,

hat is used to produce steam for purposes other than generating

lectricity. An auxiliary steam boiler produces steam as a replacement

or steam produced by another piece of equipment that is not operating

ue to planned or unplanned maintenance.

(4) Average activity level for fuel oil firing--The product of

n electric utility unit's maximum rated capacity for fuel oil firing and s

i

a

m

-

a

t

J

(

m

R

D

a the average annual capacity factor for fuel oil firing for the period from

January 1, 1990, to December 31, 1993.

(5) Block one-hour average--An hourly average of data,

collected starting at the beginning of each clock hour of the day and

continuing until the start of the next clock hour.

(6) Boiler--Any combustion equipment fired with solid,

liquid, and/or gaseous fuel used to produce steam or to heat water.

(7) Btu--British thermal unit.

(8) Chemical processing gas turbine--A gas turbine that

vents its exhaust gases into the operating stream of a chemical process.

(9) Continuous emissions monitoring system (CEMS)--

The total equipment necessary for the continuous determination and

recordkeeping of process gas concentrations and emission rates in

units of the applicable emission limitation.

(10) Daily--A calendar day starting at midnight and continuing until midnight the following day.

(11) Diesel engine--A compression-ignited two- or fourstroke engine that liquid fuel injected into the combustion chamber ignites when the air charge has been compressed to a temperature sufficiently high for auto-ignition.

(12) Duct burner--A unit that combusts fuel and that is

placed in the exhaust duct from another unit (such as a stationary gas

turbine, stationary internal combustion engine, kiln, etc.) to allow the

firing of additional fuel to heat the exhaust gases.

(13) Electric generating facility (EGF)--A unit that generates electric energy for compensation and is owned or operated by a

person doing business in this state, including a municipal corporation,

electric cooperative, or river authority.

(14) Electric power generating system--One electric power generating system consists of either:

(A) for the purposes of Subchapter C, Divisions 1 and

4 of this chapter (relating to Beaumont-Port Arthur Ozone Nonattainment Area Utility Electric Generation Sources; and Dallas-Fort Worth

Eight-Hour Ozone Nonattainment Area Utility Electric Generation

Sources) [(relating to Combustion Control at Major Utility Electric

Generation Sources in Ozone Nonattainment Areas)], all boilers,

auxiliary steam boilers, and stationary gas turbines (including duct

burners used in turbine exhaust ducts) at electric generating facility

(EGF) accounts that generate electric energy for compensation; are

owned or operated by an electric cooperative, municipality, river authority, public utility, independent power producer, or a Public Utility

Commission of Texas regulated utility, or any of its successors; and

are entirely located in one of the following ozone nonattainment areas:

(i) Beaumont-Port Arthur; or

[(ii) Dallas-Fort Worth;]

(ii) [(iii)] Dallas-Fort Worth eight-hour; [or]

[(iv) Houston-Galveston-Brazoria;]

(B) for the purposes of Subchapter C, Division 3 of this

chapter (relating to Houston-Galveston-Brazoria Ozone Nonattainment Area Utility Electric Generation Sources), all boilers, auxiliary

steam boilers, and stationary gas turbines (including duct burners used

in turbine exhaust ducts) at EGF accounts that generate electric energy

for compensation; are owned or operated by an electric cooperative,

municipality, river authority, public utility, or a Public Utility Commission of Texas regulated utility, or any of its successors; and are entirely

located in the Houston-Galveston-Brazoria ozone nonattainment area;



## PROPOSED RULES December 26, 2014 39 TexReg 10355[(B) for the purposes of Subchapter E, Division 1 of

this chapter (relating to Utility Electric Generation in East and Central

Texas), all boilers, auxiliary steam boilers, and stationary gas turbines

at EGF accounts that generate electric energy for compensation; are

owned or operated by an electric cooperative, independent power producer, municipality, river authority, or public utility, or any of its successors; and are located in Atascosa, Bastrop, Bexar, Brazos, Calhoun,

Cherokee, Fannin, Fayette, Freestone, Goliad, Gregg, Grimes, Harrison, Henderson, Hood, Hunt, Lamar, Limestone, Marion, McLennan,

Milam, Morris, Nueces, Parker, Red River, Robertson, Rusk, Titus,

Travis, Victoria, or Wharton County; or]

(C) for the purposes of Subchapter B, Division 3 of

this chapter (relating to Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources) [(relating to Combustion Control at

Major Industrial, Commercial, and Institutional Sources in Ozone

Nonattainment Areas)], all units in the Houston-Galveston-Brazoria

ozone nonattainment area that generate electricity but do not meet

the conditions specified in subparagraph (B) [(A)] of this paragraph,

including, but not limited to, cogeneration units and units owned by

independent power producers; or[.]

(D) for the purposes of Subchapter E, Division 1 of

this chapter (relating to Utility Electric Generation in East and Central

Texas), all boilers, auxiliary steam boilers, and stationary gas turbines

at EGF accounts that generate electric energy for compensation; are

owned or operated by an electric cooperative, independent power producer, municipality, river authority, or public utility, or any of its

successors; and are located in Atascosa, Bastrop, Bexar, Brazos, Calhoun, Cherokee, Fannin, Fayette, Freestone, Goliad, Gregg, Grimes,

Harrison, Henderson, Hood, Hunt, Lamar, Limestone, Marion,

McLennan, Milam, Morris, Nueces, Parker, Red River, Robertson,

Rusk, Titus, Travis, Victoria, or Wharton County.

(15) Emergency situation--As follows.

(A) An emergency situation is any of the following:

(i) an unforeseen electrical power failure from the

serving electric power generating system;

(ii) the period of time that an Electric Reliability

Council of Texas, Inc. (ERCOT)-issued emergency notice or energy

emergency alert (EEA) (as defined in ERCOT Nodal Protocols,

Section 2: Definitions and Acronyms (August 13, 2014) [(June 1,

2012)] and issued as specified in ERCOT Nodal Protocols, Section

6: Adjustment Period and Real-Time Operations (August 13, 2014))

[(June 1, 2012))] is applicable to the serving electric power generating

system. The emergency situation is considered to end upon expiration

of the emergency notice or EEA issued by ERCOT;

(iii) an unforeseen failure of on-site electrical transmission equipment (e.g., a transformer);

(iv) an unforeseen failure of natural gas service;

(v) an unforeseen flood or fire, or a life-threatening

situation;

(vi) operation of emergency generators for Federal

Aviation Administration licensed airports, military airports, or manned

space flight control centers for the purposes of providing power in anticipation of a power failure due to severe storm activity; or

(vii) operation of an emergency generator as part of

ERCOT's emergency response service (as defined in ERCOT Nodal

Protocols, Section 2: Definitions and Acronyms (August 13, 2014))

[(June 1, 2012))] if the operation is in direct response to an instruction

by ERCOT during the period of an ERCOT EEA as specified in clause

(ii) of this subparagraph. (B) An emergency situation does not include:

(i) operation for training purposes or other foreseeable events; or

(ii) operation for purposes of supplying power for

distribution to the electric grid, except as specified in subparagraph

(A)(vii) of this paragraph.

(16) Functionally identical replacement--A unit that performs the same function as the existing unit that it replaces, with the

condition that the unit replaced must be physically removed or rendered

permanently inoperable before the unit replacing it is placed into service.

(17) Heat input--The chemical heat released due to fuel

combustion in a unit, using the higher heating value of the fuel. This

does not include the sensible heat of the incoming combustion air. In

the case of carbon monoxide (CO) boilers, the heat input includes the

enthalpy of all regenerator off-gases and the heat of combustion of the

incoming CO and of the auxiliary fuel. The enthalpy change of the fluid

catalytic cracking unit regenerator off-gases refers to the total heat content of the gas at the temperature it enters the CO boiler, referring to

the heat content at 60 degrees Fahrenheit, as being zero.

(18) Heat treat furnace--A furnace that is used in the manufacturing, casting, or forging of metal to heat the metal so as to produce

specific physical properties in that metal.

(19) High heat release rate--A ratio of boiler design heat

input to firebox volume (as bounded by the front firebox wall where

the burner is located, the firebox side waterwall, and extending to the

level just below or in front of the first row of convection pass tubes)

greater than or equal to 70,000 British thermal units per hour per cubic

foot.

(20) Horsepower rating--The engine manufacturer's maximum continuous load rating at the lesser of the engine or driven equipment's maximum published continuous speed.

(21) Incinerator--As follows.

(A) For the purposes of this chapter, the term "incinerator" includes both of the following:

(i) a control device that combusts or oxidizes gases

or vapors (e.g., thermal oxidizer, catalytic oxidizer, vapor combustor);

and

(ii) an incinerator as defined in §101.1 of this title

(relating to Definitions).

(B) The term "incinerator" does not apply to boilers or

process heaters as defined in this section, or to flares as defined in

§101.1 of this title.

(22) Industrial boiler--Any combustion equipment, not including utility or auxiliary steam boilers as defined in this section, fired

with liquid, solid, or gaseous fuel, that is used to produce steam or to

heat water.

(23) International Standards Organization (ISO) conditions--ISO standard conditions of 59 degrees Fahrenheit, 1.0

atmosphere, and 60% relative humidity.

(24) Large utility system--All boilers, auxiliary steam boilers, and stationary gas turbines that are located in [the Dallas-Fort

Worth or] the Dallas-Fort Worth eight-hour ozone nonattainment area,

and were part of one electric power generating system on January 1,

2000, that had a combined electric generating capacity equal to or

greater than 500 megawatts.



## 39 TexReg 10356 December 26, 2014 Texas Register(25) Lean-burn engine--A spark-ignited or compressionignited, Otto cycle, diesel cycle, or two-stroke engine that is not capable of being operated with an exhaust stream oxygen concentration

equal to or less than 0.5% by volume, as originally designed by the

manufacturer.

(26) Low annual capacity factor boiler, process heater, or

gas turbine supplemental waste heat recovery unit--An industrial, commercial, or institutional boiler; process heater; or gas turbine supplemental waste heat recovery unit with maximum rated capacity:

(A) greater than or equal to 40 million British thermal

units per hour (MMBtu/hr), but less than 100 MMBtu/hr and an annual

heat input less than or equal to 2.8 (10 11 ) British thermal units per year (Btu/yr), based on a rolling 12-month average; or

(B) greater than or equal to 100 MMBtu/hr and an annual heat input less than or equal to 2.2 (10 11 ) Btu/yr, based on a rolling

12-month average.

(27) Low annual capacity factor stationary gas turbine or stationary internal combustion engine--A stationary gas turbine or stationary internal combustion engine that is demonstrated to operate less

than 850 hours per year, based on a rolling 12-month average.

(28) Low heat release rate--A ratio of boiler design heat

input to firebox volume less than 70,000 British thermal units per hour

per cubic foot.

(29) Major source--Any stationary source or group of

sources located within a contiguous area and under common control

that emits or has the potential to emit:

(A) at least 50 tons per year (tpy) of nitrogen oxides

(NO

X ) and is located in the Beaumont-Port Arthur ozone nonattainment

area;

(B) at least 50 tpy of NO

X and is located in Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker

, Rockwall, or Tarrant

County [the Dallas-Fort Worth or Dallas-Fort Worth eight-hour ozone

nonattainment area];

(C) at least 100 tpy of NO

X and is located in Wise

County;

(D) [(C)] at least 25 tpy of NO

X and is located in the

Houston-Galveston-Brazoria ozone nonattainment area; or

(E) [(D)] the amount specified in the major source

definition contained in the Prevention of Significant Deterioration of

Air Quality regulations promulgated by the United States Environmental Protection Agency in 40 Code of Federal Regulations §52.21

as amended June 3, 1993 (effective June 3, 1994), and is located

in Atascosa, Bastrop, Bexar, Brazos, Calhoun, Cherokee, Comal,

Fannin, Fayette, Freestone, Goliad, Gregg, Grimes, Harrison, Hays,

Henderson, Hood, Hunt, Lamar, Limestone, Marion, McLennan,

Milam, Morris, Nueces, Red River, Robertson, Rusk, Titus, Travis,

Victoria, or Wharton County.

(30) Maximum rated capacity--The maximum design heat

input, expressed in million British thermal units per hour, unless:

(A) the unit is a boiler, utility boiler, or process heater

operated above the maximum design heat input (as averaged over any

one-hour period), in which case the maximum operated hourly rate

must be used as the maximum rated capacity; or

(B) the unit is limited by operating restriction or permit

condition to a lesser heat input, in which case the limiting condition

must be used as the maximum rated capacity; or (C) the unit is a stationary gas turbine, in which case

the manufacturer's rated heat consumption at the International Standards Organization (ISO) conditions must be used as the maximum

rated capacity, unless limited by permit condition to a lesser heat input, in which case the limiting condition must be used as the maximum

rated capacity; or

(D) the unit is a stationary, internal combustion engine,

in which case the manufacturer's rated heat consumption at Diesel

Equipment Manufacturer's Association or ISO conditions must be used

as the maximum rated capacity, unless limited by permit condition to

a lesser heat input, in which case the limiting condition must be used

as the maximum rated capacity.

(31) Megawatt (MW) rating--The continuous MW output

rating or mechanical equivalent by a gas turbine manufacturer at International Standards Organization conditions, without consideration

to the increase in gas turbine shaft output and/or the decrease in gas

turbine fuel consumption by the addition of energy recovered from exhaust heat.

(32) Nitric acid--Nitric acid that is 30% to 100% in

strength.

(33) Nitric acid production unit--Any source producing nitric acid by either the pressure or atmospheric pressure process.

(34) Nitrogen oxides (NO )--The sum of the nitric oxide

and nitrogen dioxide in the flue gas or X emission point, collectively expressed as nitrogen dioxide.

(35) Parts per million by volume (ppmv)--All ppmv emission specifications specified in this chapter are referenced on a dry basis. When required to adjust pollutant concentrations to a specified

oxygen (O

2 ) correction basis, the following equation must be used.

Figure: 30 TAC §117.10(35) (No change.)

(36) Peaking gas turbine or engine--A stationary gas turbine or engine used intermittently to produce energy on a demand basis.

(37) Plant-wide emission rate--The ratio of the total actual

nitrogen oxides mass emissions rate discharged into the atmosphere

from affected units at a major source when firing at their maximum

rated capacity to the total maximum rated capacities for those units.

(38) Plant-wide emission specification--The ratio of the total allowable nitrogen oxides mass emissions rate dischargeable into

the atmosphere from affected units at a major source when firing at

their maximum rated capacity to the total maximum rated capacities

for those units.

(39) Predictive emissions monitoring system (PEMS)--

The total equipment necessary for the continuous determination and

recordkeeping of process gas concentrations and emission rates using

process or control device operating parameter measurements and a

conversion equation or computer program to produce results in units

of the applicable emission limitation.

(40) Process heater--Any combustion equipment fired with

liquid and/or gaseous fuel that is used to transfer heat from combustion gases to a process fluid, superheated steam, or water for the purpose of heating the process fluid or causing a chemical reaction. The

term "process heater" does not apply to any unfired waste heat recovery heater that is used to recover sensible heat from the exhaust of any

combustion equipment, or to boilers as defined in this section.

(41) Pyrolysis reactor--A unit that produces hydrocarbon

products from the endothermic cracking of feedstocks such as ethane,



## PROPOSED RULES December 26, 2014 39 TexReg 10357propane, butane, and naphtha using combustion to provide indirect

heating for the cracking process.

(42) Reheat furnace--A furnace that is used in the manufacturing, casting, or forging of metal to raise the temperature of that metal

in the course of processing to a temperature suitable for hot working or shaping.

(43) Rich-burn engine--A spark-ignited, Otto cycle, fourstroke, naturally aspirated or turbocharged engine that is capable of

being operated with an exhaust stream oxygen concentration equal to or

less than 0.5% by volume, as originally designed by the manufacturer.

(44) Small utility system--All boilers, auxiliary steam boilers, and stationary gas turbines that are located in [the Dallas-Fort

Worth or] the Dallas-Fort Worth eight-hour ozone nonattainment area,

and were part of one electric power generating system on January 1,

2000, that had a combined electric generating capacity less than 500

megawatts.

(45) Stationary gas turbine--Any gas turbine system that is

gas and/or liquid fuel fired with or without power augmentation. This

unit is either attached to a foundation or is portable equipment operated at a specific minor or major source for more than 90 days in any

12-month period. Two or more gas turbines powering one shaft must

be treated as one unit.

(46) Stationary internal combustion engine--A reciprocating engine that remains or will remain at a location (a single site at a building, structure, facility, or installation) for more than 12 consecutive months. Included in this definition is any engine that, by itself or

in or on a piece of equipment, is portable, meaning designed to be and

capable of being carried or moved from one location to another. Indicia of portability include, but are not limited to, wheels, skids, carrying

handles, dolly, trailer, or platform. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same

or similar function as the engine being replaced is included in calculating the consecutive residence time period. An engine is considered

stationary if it is removed from one location for a period and then returned to the same location in an attempt to circumvent the consecutive

residence time requirement. Nonroad engines, as defined in 40 Code

of Federal Regulations §89.2, are not considered stationary for the purposes of this chapter.

(47) System-wide emission rate--The ratio of the total actual nitrogen oxides mass emissions rate discharged into the atmosphere from affected units in an electric power generating system or portion thereof located within a single ozone nonattainment area when

firing at their maximum rated capacity to the total maximum rated capacities for those units. For fuel oil firing, average activity levels must

be used in lieu of maximum rated capacities for the purpose of calculating the system-wide emission rate.

(48) System-wide emission specification--The ratio of the

total allowable nitrogen oxides mass emissions rate dischargeable into

the atmosphere from affected units in an electric power generating system or portion thereof located within a single ozone nonattainment area

when firing at their maximum rated capacity to the total maximum rated

capacities for those units. For fuel oil firing, average activity levels

must be used in lieu of maximum rated capacities for the purpose of

calculating the system-wide emission specification.

(49) Thirty-day rolling average--An average, calculated

for each day that fuel is combusted in a unit, of all the hourly emissions

data for the preceding 30 days that fuel was combusted in the unit.

(50) Twenty-four hour rolling average--An average, calculated for each hour that fuel is combusted (or acid is produced, for a nitric or adipic acid production unit), of all the hourly emissions data

for the preceding 24 hours that fuel was combusted in the unit.

(51) Unit--A unit consists of either:

(A) for the purposes of §§117.105, [117.205,] 117.305,

117.405,117.1005, [117.1105,] and 117.1205 of this title (relating to

Emission Specifications for Reasonably Available Control Technology (RACT)) and each requirement of this chapter associated with

§§117.105, [117.205,] 117.305, 117.405,117.1005, [117.1105,] and

117.1205 of this title, any boiler, process heater, stationary gas turbine,

or stationary internal combustion engine, as defined in this section;

(B) for the purposes of §§117.110, [117.210,] 117.310,

117.1010, [117.1110,] and 117.1210 of this title (relating to Emission

Specifications for Attainment Demonstration) and each requirement of

this chapter associated with §§117.110, [117.210,] 117.310, 117.1010,

[117.1110,] and 117.1210 of this title, any boiler, process heater, stationary gas turbine, or stationary internal combustion engine, as defined

in this section, or any other stationary source of nitrogen oxides (NO )

at a major source, X

as defined in this section;

(C) for the purposes of §117.2010 of this title (relating

to Emission Specifications) and each requirement of this chapter associated with §117.2010 of this title, any boiler, process heater, stationary

gas turbine (including any duct burner in the turbine exhaust duct), or stationary internal combustion engine, as defined in this section;

(D) for the purposes of §117.2110 of this title (relating

to Emission Specifications for Eight-Hour Attainment Demonstration)

and each requirement of this chapter associated with §117.2110 of this

title, any stationary internal combustion engine, as defined in this section;

(E) for the purposes of §117.3310 of this title (relating

to Emission Specifications for Eight-Hour Attainment Demonstration)

and each requirement of this chapter associated with §117.3310 of this

title, any stationary internal combustion engine, as defined in this section; or

(F) for the purposes of §117.410 and §117.1310 of this

title (relating to Emission Specifications for Eight-Hour Attainment

Demonstration) and each requirement of this chapter associated with

§117.410 and §117.1310 of this title, any boiler, process heater, stationary gas turbine, or stationary internal combustion engine, as defined in

this section, or any other stationary source of NO

X at a major source, as

defined in this section.

(52) Utility boiler--Any combustion equipment owned or operated by an electric cooperative, municipality, river authority, public utility, or Public Utility Commission of Texas regulated utility, fired

with solid, liquid, and/or gaseous fuel, used to produce steam for the

purpose of generating electricity. Stationary gas turbines, including

any associated duct burners and unfired waste heat boilers, are not considered to be utility boilers.

(53) Wood--Wood, wood residue, bark, or any derivative

fuel or residue thereof in any form, including, but not limited to, sawdust, sander dust, wood chips, scraps, slabs, millings, shavings, and

processed pellets made from wood or other forest residues.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority

to adopt.

Filed with the Office of the Secretary of State on December 12,

2014.

TRD-201405979



## 39 TexReg 10358 December 26, 2014 Texas Register

## ♦ ♦ ♦

♦ ♦ ♦ Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: January 25, 2015

For further information, please call: (512) 239-2613



## SUBCHAPTER B. COMBUSTION CONTROL

AT MAJOR INDUSTRIAL, COMMERCIAL,

AND INSTITUTIONAL SOURCES IN OZONE

NONATTAINMENT AREAS

DIVISION 2. DALLAS-FORT WORTH OZONE

NONATTAINMENT AREA MAJOR SOURCES

30 TAC §§117.200, 117.203, 117.205, 117.210, 117.215,

117.223, 117.225, 117.230, 117.235, 117.240, 117.245,

117.252, 117.254, 117.256

(Editor's note: The text of the following sections proposed for repeal

will not be published. The sections may be examined in the offices of the

Texas Commission on Environmental Quality or in the Texas Register

office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

Statutory Authority

The repealed sections are proposed under Texas Water Code

(TWC), §5.102, concerning General Powers, that provides the

commission with the general powers to carry out its duties un

der the TWC; TWC, §5.103, concerning Rules, that authorizes

the commission to adopt rules necessary to carry out its powers

and duties under the TWC; TWC, §5.105, concerning General

Policy, that authorizes the commission by rule to establish and

approve all general policy of the commission; and under Texas

Health and Safety Code (THSC), §382.017, concerning Rules,

that authorizes the commission to adopt rules consistent with the

policy and purposes of the Texas Clean Air Act. The repealed

sections are also proposed under THSC, §382.002, concerning

Policy and Purpose, that establishes the commission's purpose

to safeguard the state's air resources, consistent with the pro

tection of public health, general welfare, and physical property;

THSC, §382.011, concerning General Powers and Duties, that

authorizes the commission to control the quality of the state's air;

and THSC, §382.012, concerning State Air Control Plan, that

authorizes the commission to prepare and develop a general,

comprehensive plan for the proper control of the state's air. The

repealed sections are also proposed under THSC, §382.016,

concerning Monitoring Requirements; Examination of Records,

that authorizes the commission to prescribe reasonable require

ments for the measuring and monitoring of air contaminant emis

sions. The repealed sections are also proposed under Federal

Clean Air Act (FCAA), 42 United States Code (USC), §§7401, et

seq., which requires states to submit state implementation plan

revisions that specify the manner in which the National Ambi

ent Air Quality Standards will be achieved and maintained within

each air quality control region of the state.

The repealed sections implement THSC, §§382.002, 382.011,

382.012, 382.016, and 382.017; and FCAA, 42 USC, §§7401 et

seq.

§117.200. Applicability.

§117.203. Exemptions. §117.205. Emission Specifications for Reasonably Available Control

Technology (RACT).

§117.210. Emission Specifications for Attainment Demonstration.

§117.215. Alternative Plant-Wide Emission Specifications.

§117.223. Source Cap.

§117.225. Alternative Case Specific Specifications.

§117.230. Operating Requirements.

§117.235. Initial Demonstration of Compliance.

§117.240. Continuous Demonstration of Compliance.

§117.245. Notification, Recordkeeping, and Reporting Require

ments.

§117.252. Final Control Plan Procedures for Reasonably Available

Control Technology.

§117.254. Final Control Plan Procedures for Attainment Demonstra

tion Emission Specifications.

§117.256. Revision of Final Control Plan.

The agency certifies that legal counsel has reviewed the pro

posal and found it to be within the state agency's legal authority

to adopt.

Filed with the Office of the Secretary of State on December 12,

2014.

TRD-201405980

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: January 25, 2015

For further information, please call: (512) 239-2613



## DIVISION 4. DALLAS-FORT WORTH

EIGHT-HOUR OZONE NONATTAINMENT

AREA MAJOR SOURCES

30 TAC §§117.400, 117.403, 117.405, 117.410, 117.423,

117.425, 117.430, 117.435, 117.440, 117.445, 117.450,

117.452, 117.454, 117.456

Statutory Authority

The new and amended sections are proposed under Texas Wa

ter Code (TWC), §5.102, concerning General Powers, that pro

vides the commission with the general powers to carry out its

duties under the TWC; TWC, §5.103, concerning Rules, that au

thorizes the commission to adopt rules necessary to carry out

its powers and duties under the TWC; TWC, §5.105, concern

ing General Policy, that authorizes the commission by rule to

establish and approve all general policy of the commission; and

under Texas Health and Safety Code (THSC), §382.017, con

cerning Rules, that authorizes the commission to adopt rules

consistent with the policy and purposes of the Texas Clean Air

Act. The new and amended sections are also proposed un

der THSC, §382.002, concerning Policy and Purpose, that es

tablishes the commission's purpose to safeguard the state's air

resources, consistent with the protection of public health, gen

eral welfare, and physical property; THSC, §382.011, concern

ing General Powers and Duties, that authorizes the commission



## PROPOSED RULES December 26, 2014 39 TexReg 10359to control the quality of the state's air; and THSC, §382.012, con

cerning State Air Control Plan, that authorizes the commission

to prepare and develop a general, comprehensive plan for the

proper control of the state's air. The new and amended sections

are also proposed under THSC, §382.016, concerning Monitor

ing Requirements; Examination of Records, that authorizes the

commission to prescribe reasonable requirements for the mea

suring and monitoring of air contaminant emissions. The new

and amended sections are also proposed under Federal Clean

Air Act (FCAA), 42 United States Code (USC), §§7401, et seq.,

which requires states to submit state implementation plan revi

sions that specify the manner in which the National Ambient Air

Quality Standards will be achieved and maintained within each

air quality control region of the state.

The new and amended sections implement THSC, §§382.002,

382.011, 382.012, 382.016, and 382.017; and FCAA, 42 USC,

§§7401 et seq.

§117.400. Applicability.

(a) The provisions of this division [(relating to Dallas-Fort

Worth Eight-Hour Ozone Nonattainment Area Major Sources),] apply

to the following units located at any major stationary source of nitrogen oxides (NO

X ) located in Collin, Dallas, Denton, Ellis, Johnson,

Kaufman, Parker, Rockwall, or Tarrant County [within the Dallas-Fort

Worth eight-hour ozone nonattainment area]:

(1) industrial, commercial, or institutional boilers and

process heaters;

(2) stationary gas turbines;

(3) stationary internal combustion engines;

(4) duct burners used in turbine exhaust ducts;

(5) lime kilns;

(6) metallurgical heat treating furnaces and reheat furnaces;

(7) incinerators;

(8) glass, fiberglass, and mineral wool melting furnaces;

(9) fiberglass and mineral wool curing ovens;

(10) natural gas-fired ovens and heaters;

(11) natural gas-fired dryers used in organic solvent, printing ink, clay, brick, ceramic tile, calcining, and vitrifying processes;

(12) brick and ceramic kilns; and

(13) lead smelting reverberatory and blast (cupola) furnaces.

(b) The provisions of this division apply to the following units

located at any major stationary source of NO

X located in Wise County:

(1) industrial, commercial, or institutional process heaters;

(2) stationary gas turbines; and

(3) stationary internal combustion engines.

§117.403. Exemptions.

(a) Units located in Collin, Dallas, Denton, Ellis, Johnson,

Kaufman, Parker, Rockwall, or Tarrant County exempted from the

provisions of this division [(relating to Dallas-Fort Worth Eight-Hour

Ozone Nonattainment Area Major Sources)], except as specified in

§§117.440(i), 117.445(f)(4) and (9), 117.450, and 117.454 of this title (relating to Continuous Demonstration of Compliance; Notification, Recordkeeping, and Reporting Requirements; Initial Control Plan Procedures; and Final Control Plan Procedures for Attainment Demonstration Emission Specifications), include the following:

(1) industrial, commercial, or institutional boilers or

process heaters with a maximum rated capacity equal to or less than:

(A) 2.0 million British thermal units per hour

(MMBtu/hr) for boilers; and

(B) 5.0 MMBtu/hr for process heaters;

(2) heat treating furnaces and reheat furnaces with a maximum rated capacity less than 20 MMBtu/hr;

(3) flares, incinerators with a maximum rated capacity less

than 40 MMBtu/hr, pulping liquor recovery furnaces, sulfur recovery

units, sulfuric acid regeneration units, molten sulfur oxidation furnaces,

and sulfur plant reaction boilers;

(4) dryers, heaters, or ovens with a maximum rated capacity of 5.0 MMBtu/hr or less;

(5) any dryers, heaters, or ovens fired on fuels other than

natural gas. This exemption does not apply to gas-fired curing ovens

used for the production of mineral wool-type or textile-type fiberglass;

(6) any glass, fiberglass, and mineral wool melting furnaces with a maximum rated capacity of 2.0 MMBtu/hr or less;

(7) stationary gas turbines and stationary internal combustion engines, that are used as follows:

(A) in research and testing of the unit;

(B) for purposes of performance verification and testing

of the unit;

(C) solely to power other engines or gas turbines during

startups;

(D) exclusively in emergency situations, except that operation for testing or maintenance purposes of the gas turbine or engine

is allowed for up to 100 hours per year, based on a rolling 12-month

basis [average]. Any new, modified, reconstructed, or relocated stationary diesel engine placed into service on or after June 1, 2007, is ineligible for this exemption. For the purposes of this subparagraph, the

terms "modification" and "reconstruction" have the meanings defined

in §116.10 of this title (relating to General Definitions) and 40 Code of

Federal Regulations (CFR) §60.15 (December 16, 1975), respectively,

and the term "relocated" means to newly install at an account, as de

fined in §101.1 of this title (relating to Definitions), a used engine from

anywhere outside that account;

(E) in response to and during the existence of any officially declared disaster or state of emergency;

(F) directly and exclusively by the owner or operator for

agricultural operations necessary for the growing of crops or raising of

fowl or animals; or

(G) as chemical processing gas turbines;

(8) any stationary diesel engine placed into service before

June 1, 2007, that:

(A) operates less than 100 hours per year, based on a rolling 12-month basis [average]; and

(B) has not been modified, reconstructed, or relocated

on or after June 1, 2007. For the purposes of this subparagraph, the

terms "modification" and "reconstruction" have the meanings defined

in §116.10 of this title and 40 CFR §60.15 (December 16, 1975), re

## 39 TexReg 10360 December 26, 2014 Texas Registerspectively, and the term "relocated" means to newly install at an account, as defined in §101.1 of this title, a used engine from anywhere

outside that account;

(9) any new, modified, reconstructed, or relocated stationary diesel engine placed into service on or after June 1, 2007, that:

(A) operates less than 100 hours per year, based on a rolling 12-month basis [average], in other than emergency situations;

and

(B) meets the corresponding emission standard for nonroad engines listed in 40 CFR §89.112(a), Table 1 (October 23, 1998),

and in effect at the time of installation, modification, reconstruction, or

relocation. For the purposes of this paragraph, the terms "modification"

and "reconstruction" have the meanings defined in §116.10 of this title

and 40 CFR §60.15 (December 16, 1975), respectively, and the term

"relocated" means to newly install at an account, as defined in §101.1

of this title, a used engine from anywhere outside that account;

(10) boilers and industrial furnaces that were regulated as existing facilities by 40 CFR Part 266, Subpart H, as was in effect on

June 9, 1993;

(11) brick or ceramic kilns with a maximum rated capacity

less than 5.0 MMBtu/hr;

(12) low-temperature drying and curing ovens used in mineral wool-type fiberglass manufacturing and wet-laid, non-woven fiber

mat manufacturing in which nitrogen-containing resins, or other additives are used;

(13) stationary, gas-fired, reciprocating internal combustion engines with a horsepower (hp) rating less than 50 hp;

(14) electric arc melting furnaces used in steel production;

(15) forming ovens and forming processes used in mineral

wool-type fiberglass manufacturing; and

(16) natural gas-fired heaters used exclusively for providing comfort heat to areas designed for human occupancy.

(b) Units located in Wise County exempted from the

provisions of this division, except as specified in §§117.440(i),

117.445(f)(4), 117.450, and 117.452 of this title (relating to Final Control Plan Procedures for Reasonably Available Control Technology),

include the following:

(1) industrial, commercial, or institutional process heaters

with a maximum rated capacity less than 40 MMBtu/hr;

(2) stationary gas turbines and stationary internal combustion engines that are used as follows:

(A) in research and testing of the unit;

(B) for purposes of performance verification and testing

of the unit;

(C) solely to power other engines or gas turbines during

startups;

(D) exclusively in emergency situations, except that operation for testing or maintenance purposes of the gas turbine or engine

is allowed for up to 100 hours per year, based on a rolling 12-month

basis; and

(E) in response to and during the existence of any officially declared disaster or state of emergency;

(3) stationary, diesel, reciprocating internal combustion engines; (4)

engines; and

(5) stationary, gas-fired, reciprocating internal combustion

engines with an hp rating less than 50 hp.

[(b) Increment of progress exemptions.]

[(1) Stationary, reciprocating internal combustion engines

with a maximum rated capacity less than 300 horsepower are exempt

from the emission specifications in §117.410(a) of this title (relating to

Emission Specifications for Eight-Hour Attainment Demonstration).]

[(2) The emission specifications in §117.410(a) of this title no longer apply to any stationary, reciprocating internal combustion

engine subject to the emission specifications of §117.410(b) of this title

after the compliance date specified in §117.9030(b) of this title (relating to Compliance Schedule for Dallas-Fort Worth Eight-Hour Ozone

Nonattainment Area Major Sources).]

[(3) Stationary engines that are demonstrated to operate

less than 850 hours per year, based on a rolling 12-month average are

exempt from the emission specifications in §117.410(a) of this title.]

(c) Emergency fuel oil firing exemption for gas-fired boilers.

The emission specifications in §117.410(a)(1) and (c) [§117.410(b)(1)

and (d)] of this title (relating to Emission Specifications for Eight-Hour

Attainment Demonstration) do not apply to gas-fired boilers during periods that the owner or operator is required to fire fuel oil on an emergency basis due to natural gas curtailment or other emergency, provided:

(1) the fuel oil firing occurs during the months of November, December, January, or February; and

(2) the fuel oil firing does not exceed a total of 72 hours in

any calendar month specified in paragraph (1) of this subsection.

§117.405. Emission Specifications for Reasonably Available Control

Technology (RACT).

(a) Reasonably Available Control Technology (RACT) emission specifications for wood-fired boilers. For units located in the Dallas-Fort Worth eight-hour ozone nonattainment area, no person shall allow the discharge into the atmosphere nitrogen oxides (NO

X ) emissions

in excess of 0.12 pounds per million British thermal units (lb/MMBtu)

for wood-fired boilers, in accordance with the applicable schedule in

§117.9030(a) of this title (relating to Compliance Schedule for Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources),

except as provided in subsection (e) of this section.

(b) Emission specifications for RACT in Wise County. For

units located in Wise County, no person shall allow the discharge

into the atmosphere NO

X emissions in excess of the following emission specifications, in accordance with the applicable schedule in

§117.9030(a) of this title, except as provided in subsection (e) of this

section:

(1) process heaters with a maximum rated capacity equal to

or greater than 40 million British thermal units per hour (MMBtu/hr),

0.10 lb/MMBtu (or alternatively, 82 parts per million by volume

(ppmv), at 3.0% oxygen (O

2 ), dry basis);

(2) stationary, reciprocating internal combustion engines:

(A) gas-fired rich-burn engines, 0.50 grams per horsepower-hour (g/hp-hr); and

(B) gas-fired lean-burn engines:

(i) White Superior four-cycle units that have been

placed into service, modified, reconstructed, or relocated: stationary, dual-fuel, reciprocating internal combustion



## PROPOSED RULES December 26, 2014 39 TexReg 10361(I) before June 1, 2015, 12.0 g/hp-hr; and

(II) on or after June 1, 2015, 2.0 g/hp-hr;

(ii) Clark two-cycle units that have been placed into

service, modified, reconstructed, or relocated:

(I) before June 1, 2015, 12.0 g/hp-hr; and

(II) on or after June 1, 2015, 2.0 g/hp-hr;

(iii) Fairbanks Morse MEP two-cycle units that have

been placed into service, modified, reconstructed, or relocated:

(I) before June 1, 2015, 4.0 g/hp-hr; and

(II) on or after June 1, 2015, 2.0 g/hp-hr; and

(iv) all others, 2.0 g/hp-hr; and

(3) stationary gas turbines:

(A) with a horsepower (hp) rating of less than 4,500 hp,

0.45 lb/MMBtu;

(B) with an hp rating of 4,500 hp or greater, but less

than 10,000 hp, 0.20 lb/MMBtu; and

(C) with an hp rating of 10,000 hp or greater, 0.15

lb/MMBtu.

(c) NO

X averaging time. The emission specifications of subsections (a) and (b) of this section apply:

(1) if the unit is operated with a NO

X continuous emissions

monitoring system (CEMS) or predictive emissions monitoring system

(PEMS) under §117.440 of this title (relating to Continuous Demonstration of Compliance), either as:

(A) a rolling 30-day average, in the units of the applicable standard;

(B) a block one-hour average, in the units of the applicable standard, or alternatively;

(C) a block one-hour average, in pounds per hour, for

boilers and process heaters, calculated as the product of the boiler's or

process heater's maximum rated capacity and its applicable specification in lb/MMBtu; and

(2) if the unit is not operated with a NO

under X CEMS or PEMS

§117.440 of this title, a block one-hour average, in the units of the

applicable standard. Alternatively for boilers and process heaters, the

emission specification may be applied in pounds per hour, as specified

in paragraph (1)(C) of this subsection.

(d) Related emissions. No person shall allow the discharge

into the atmosphere from any unit subject to NO emission specifications in subsection (a) or (b) of this X section, emissions in excess of the

following, except as provided in §117.425 of this title (relating to Alternative Case Specific Specifications) or paragraph (3) or (4) of this

subsection.

(1) Carbon monoxide (CO) emissions must not exceed 400

ppmv at 3.0% O

2 , dry basis (or alternatively, 3.0 g/hp-hr for stationary

internal combustion engines; or 775 ppmv at 7.0% O

2 , dry basis for

wood fuel-fired boilers or process heaters):

(A) on a rolling 24-hour averaging period, for units

equipped with CEMS or PEMS for CO; and

(B) on a block one-hour averaging period, for units not

equipped with CEMS or PEMS for CO.

(2) For units that inject urea or ammonia into the exhaust

stream for NO

X control, ammonia emissions must not exceed 10 ppmv at 3.0% O

2 , dry, for boilers and process heaters; 15% O

2 , dry, for stationary gas turbines and gas-fired lean-burn engines; and 3.0% O

2 , dry,

for all other units, based on:

(A) a block one-hour averaging period for units not

equipped with a CEMS or PEMS for ammonia; and

(B) a rolling 24-hour averaging period for units

equipped with CEMS or PEMS for ammonia.

(3) The correction of CO emissions to 3.0% O

2 , dry basis,

in paragraph (1) of this subsection does not apply to boilers and process

heaters operating at less than 10% of maximum load and with stack O

in excess of 15% (i.e., hot-standby mode). 2

(e) Compliance flexibility.

(1) An owner or operator may use any of the following alternative methods to comply with the NO

X emission specifications of

this section:

(A) §117.423 of this title (relating to Source Cap); or

(B) §117.9800 of this title (relating to Use of Emission

Credits for Compliance).

(2) Section 117.425 of this title is not an applicable method

of compliance with the NO

X emission specifications of this section.

(3) An owner or operator may petition the executive director for an alternative to the CO or ammonia specifications of this section

in accordance with §117.425 of this title.

(f) Prohibition of circumvention.

(1) The maximum rated capacity used to determine the applicability of the emission specifications in this section and the initial

compliance demonstration, monitoring, testing requirements, and final

control plan in §§117.435, 117.440, and 117.452 of this title (relating

to Initial Demonstration of Compliance; Continuous Demonstration of

Compliance; and Final Control Plan Procedures for Reasonably Available Control Technology) must be the greater of the following:

(A) the maximum rated capacity as of December 31,

2012;

(B) the maximum rated capacity after December 31,

2012; or

(C) the maximum rated capacity authorized by a permit

issued under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) after December

31, 2012.

(2) A unit's classification is determined by the most specific classification applicable to the unit as of December 31, 2012. For

example, a unit that is classified as a stationary gas-fired engine as

of December 31, 2012, but subsequently is authorized to operate as

a dual-fuel engine, is classified as a stationary gas-fired engine for the

purposes of this chapter.

(3) A source that met the definition of major source on December 31, 2012, is always classified as a major source for purposes of

this chapter. A source that did not meet the definition of major source (i.e., was a minor source, or did not yet exist) on December 31, 2012,

but becomes a major source at any time after December 31, 2012, is

from that time forward always classified as a major source for purposes

of this chapter.

§117.410. Emission Specifications for Eight-Hour Attainment

Demonstration.

[(a) Emission specifications for increment of progress. The

owner or operator of any gas-fired stationary, reciprocating internal



## 39 TexReg 10362 December 26, 2014 Texas Registercombustion engine with a maximum rated horsepower (hp) of 300 hp

or greater shall comply with the following emission specifications, in

accordance with the applicable schedule in §117.9030(a) of this title

(relating to Compliance Schedule for Dallas-Fort Worth Eight-Hour

Ozone Nonattainment Area Major Sources), except as provided in subsection (e) of this section:]

[(1) nitrogen oxides (NO

X ), as follows:]

[(A) lean-burn engines, 2.0 grams per horsepower-hour

(g/hp-hr); and]

[(B) rich-burn engines:]

[(i) placed into service before January 1, 2000, that

have not been modified, reconstructed, or relocated on or after January

1, 2000, 2.0 g/hp-hr. For the purposes of this clause, the terms "modification" and "reconstruction" have the meanings defined in §116.10 of

this title (relating to General Definitions) and 40 Code of Federal Regulations (CFR) §60.15 (December 16, 1975), respectively, and the term

"relocated" means to newly install at an account, as defined in §101.1

of this title (relating to Definitions), a used engine from anywhere outside that account; and]

[(ii) installed, modified, reconstructed, or relocated

on or after January 1, 2000, 0.50 g/hp-hr; and]

[(2) carbon monoxide (CO), 3.0 g/hp-hr.]

(a) [(b)] Emission specifications for eight-hour ozone attainment demonstration. For units located in Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Rockwall, or Tarrant County, no [No] person

shall allow the discharge into the atmosphere nitrogen oxides (NO

X )

[NO

X ] emissions in excess of the following emission specifications, in

accordance with the applicable schedule in §117.9030(b) of this title

(relating to Compliance Schedule for Dallas-Fort Worth Eight-Hour

Ozone Nonattainment Area Major Sources), except as provided in subsection (d) [(e)] of this section:

(1) gas-fired boilers:

(A) with a maximum rated capacity equal to or greater

than 100 million British thermal units per hour (MMBtu/hr), 0.020

pounds per million British thermal units (lb/MMBtu);

(B) with a maximum rated capacity equal to or greater

than 40 MMBtu/hr, but less than 100 MMBtu/hr, 0.030 lb/MMBtu; and

(C) with a maximum rated capacity less than 40

MMBtu/hr, 0.036 lb/MMBtu (or alternatively, 30 parts per million by

volume (ppmv) NO

X , at 3.0% oxygen (O

2 ), dry basis);

(2) liquid-fired boilers, 2.0 pounds per 1,000 gallons of liquid burned;

(3) process heaters:

(A) with a maximum rated capacity equal to or greater

than 40 MMBtu/hr, 0.025 lb/MMBtu; and

(B) with a maximum rated capacity less than 40

MMBtu/hr, 0.036 lb/MMBtu (or alternatively, 30 ppmv, at 3.0% O

2 , dry basis);

(4) stationary, reciprocating internal combustion engines:

(A) gas-fired rich-burn engines:

(i) fired on landfill gas, 0.60 grams per horsepowerhour (g/hp-hr) [g/hp-hr]; and

(ii) all others, 0.50 g/hp-hr;

(B) gas-fired lean-burn engines: (i) placed into service before June 1, 2007, that have

not been modified, reconstructed, or relocated on or after June 1, 2007,

0.70 g/hp-hr; and

(ii) placed into service, modified, reconstructed, or

relocated on or after June 1, 2007:

(I) fired on landfill gas, 0.60 g/hp-hr; and

(II) all others, 0.50 g/hp-hr;

(C) dual-fuel engines, 0.50 g/hp-hr;

(D) diesel engines, excluding dual-fuel engines, placed

into service before March 1, 2009, that have not been modified, reconstructed, or relocated on or after March 1, 2009, the lower of 11.0

g/hp-hr or the emission rate established by testing, monitoring, manufacturer's guarantee, or manufacturer's other data;

(E) for diesel engines, excluding dual-fuel engines, not

subject to subparagraph (D) of this paragraph:

(i) with a horsepower (hp) [hp] rating of less than 50

hp that are installed, modified, reconstructed, or relocated on or after

March 1, 2009, 5.0 g/hp-hr;

(ii) with a hp rating of 50 hp or greater, but less than

100 hp, that are installed, modified, reconstructed, or relocated on or

after March 1, 2009, 3.3 g/hp-hr;

(iii) with a hp rating of 100 hp or greater, but less

than 750 hp, that are installed, modified, reconstructed, or relocated on

or after March 1, 2009, 2.8 g/hp-hr; and

(iv) with an [a] hp rating of 750 hp or greater that

are installed, modified, reconstructed, or relocated on or after March 1,

2009, 4.5 g/hp-hr; and

(F) for the purposes of this paragraph, the terms "modification" and "reconstruction" have the meanings defined in §116.10

of this title (relating to General Definitions) and 40 Code of Federal

Regulations (CFR) [CFR] §60.15 (December 16, 1975), respectively,

and the term "relocated" means to newly install at an account, as defined in §101.1 of this title (relating to Definitions), a used engine from

anywhere outside that account;

(5) stationary gas turbines:

(A) rated at 10 megawatts (MW) or greater, 0.032

lb/MMBtu;

(B) rated at 1.0 MW or greater, but less than 10 MW,

0.15 lb/MMBtu; and

(C) rated at less than 1.0 MW, 0.26 lb/MMBtu;

(6) duct burners used in turbine exhaust ducts, the corresponding gas turbine emission specification of paragraph (5) of this

subsection;

(7) kilns:

(A) lime kilns, 3.7 pounds per ton (lb/ton) of calcium

oxide, demonstrated either:

(i) on an individual kiln basis; or

(ii) on a site-wide production rate weighted average

basis, using the following equation:

Figure: 30 TAC §117.410(a)(7)(A)(ii)

[Figure: 30 TAC §117.410(b)(7)(A)(ii)]

(B) brick and ceramic kilns, one of the following:



## PROPOSED RULES December 26, 2014 39 TexReg 10363(i) a 40% reduction from the daily NO emissions

reported to the [Industrial] X Emissions Assessment Section for the calendar year 2000 Emissions [Emission] Inventory. To ensure that this

emission specification will result in a real 40% reduction in actual emissions, a consistent methodology must be used to calculate the 40% reduction;

(ii) 0.175 lb/ton of product for brick kilns; or

(iii) 0.27 lb/ton of product for ceramic kilns;

(8) metallurgical furnaces:

(A) heat treating furnaces, 0.087 lb/MMBtu. For heat

treating furnaces equipped with NO

X continuous emissions monitoring

systems (CEMS) [CEMS] or predictive emissions monitoring systems

(PEMS) [PEMS] that comply with §117.440 of this title (relating to

Continuous Demonstration of Compliance), this emission specification

only applies from March 1 to October 31 of any calendar year;

(B) reheat furnaces, 0.10 lb/MMBtu. For reheat furnaces equipped with NO

X CEMS or PEMS that comply with §117.440

of this title, this emission specification only applies from March 1 to

October 31 of any calendar year; and

(C) lead smelting blast (cupola) and reverberatory furnaces used in conjunction, the combined rate of 0.45 lb/ton product;

(9) incinerators, either of the following:

(A) an 80% reduction from the daily NO

] X emissions reported to the [Industrial Emissions Assessment Section for the calendar year 2000 Emissions [Emission] Inventory. To ensure that this

emission specification will result in a real 80% reduction in actual emissions, a consistent methodology must be used to calculate the 80% reduction; or

(B) 0.030 lb/MMBtu;

(10) glass and fiberglass melting furnaces:

(A) container glass melting furnaces:

(i) 4.0 lb/ton of glass pulled during furnace operation equal to or greater than 25% of the permitted glass production capacity; and

(ii) the applicable maximum allowable pound per

hour NO

X permit limit in a permit issued before June 1, 2007, during

furnace operation less than 25% of the permitted glass production

capacity;

(B) mineral wool-type cold-top electric fiberglass melting furnaces, 4.0 lb/ton of product pulled;

(C) mineral wool-type fiberglass regenerative furnaces,

1.45 lb/ton of product pulled; and

(D) mineral wool-type fiberglass non-regenerative gasfired furnaces, 3.1 lb/ton product pulled;

(11) gas-fired curing ovens used for the production of mineral wool-type or textile-type fiberglass, 0.036 lb/MMBtu;

(12) natural gas-fired ovens and heaters, 0.036 lb/MMBtu;

(13) natural gas-fired dryers:

(A) dryers used in organic solvent, printing ink,

clay, brick, ceramic tile, calcining, and vitrifying processes, 0.036

lb/MMBtu;

(B) spray dryers used in ceramic tile manufacturing

processes, 0.15 lb/MMBtu; and (14) as an alternative to the emission specifications in paragraphs (1) - (13) of this subsection for units with an annual capacity

factor of 0.0383 or less, 0.060 lb/MMBtu. The capacity factor as of

December 31, 2000, must be used to determine whether the unit is eligible for the emission specification of this paragraph. A 12-month

rolling average must be used to determine the annual capacity factor

for units placed into service after December 31, 2000.

(b) [(c)] NO

X averaging time. The emission specifications of

subsection [subsections] (a) [and (b)] of this section apply:

(1) if the unit is operated with a NO CEMS [continuous

emissions monitoring system (CEMS)] or PEMS [ X predictive emissions

monitoring system (PEMS)] under §117.440 of this title [(relating to

Continuous Demonstration of Compliance)], either as:

(A) a rolling 30-day average period, in the units of the

applicable standard;

(B) a block one-hour average, in the units of the applicable standard, or alternatively;

(C) a block one-hour average, in pounds per hour, for

boilers and process heaters, calculated as the product of the boiler's or

process heater's maximum rated capacity and its applicable specification in lb/MMBtu; and

(2) if the unit is not operated with a NO CEMS or PEMS

under §117.440 X of this title, a block one-hour average, in the units of the

applicable standard. Alternatively for boilers and process heaters, the

emission specification may be applied in pounds per hour, as specified

in paragraph (1)(C) of this subsection.

(c) [(d)] Related emissions. No person shall allow the discharge into the atmosphere from any unit subject to NO emission specifications in subsection (a) [or (b)] of this section, emissions X in excess

of the following, except as provided in §117.425 of this title (relating

to Alternative Case Specific Specifications) or paragraph (3) or (4) of

this subsection.

(1) Carbon monoxide (CO) [CO] emissions must not exceed 400 ppmv at 3.0% O

2 , dry basis (or alternatively, 3.0 g/hp-hr for

stationary internal combustion engines; or 775 ppmv at 7.0% O

2 , dry

basis for wood fuel-fired boilers or process heaters):

(A) on a rolling 24-hour averaging period, for units

equipped with CEMS or PEMS for CO; and

(B) on a block one-hour averaging period [average], for

units not equipped with CEMS or PEMS for CO.

(2) For units that inject urea or ammonia into the exhaust

stream for NO

X control, ammonia emissions must not exceed 10 ppmv

at 3.0% O

2 , dry, for boilers and process heaters; 15% O

tionary gas turbines (including duct burners used in turbine 2 , dry, for sta-

exhaust

ducts) and gas-fired lean-burn engines; 7.0% O

2 , dry, for incinerators;

and 3.0% O

2 , dry, for all other units, based on:

(A) a block one-hour averaging period for units not

equipped with a CEMS or PEMS for ammonia; and [or]

(B) a rolling 24-hour averaging period for units

equipped with CEMS or PEMS for ammonia.

(3) The correction of CO emissions to 3.0% O

2 , dry basis,

in paragraph (1) of this subsection does not apply to boilers and process

heaters operating at less than 10% of maximum load and with stack O

in 15%

excess of 2 (i.e., hot-standby mode).

(4) The CO specifications in paragraph (1) of this subsection do not apply to incinerators subject to the CO limits of one of the

following:



## 39 TexReg 10364 December 26, 2014 Texas Register(A) §111.121 of this title (relating to Single-, Dual-, and

Multiple-Chamber Incinerators);

(B) §113.2072 of this title (relating to Emission Limits)

for hospital/medical/infectious waste incinerators; or

(C) 40 CFR Part 264 or 265, Subpart O, for hazardous

waste incinerators.

[(A) stationary internal combustion engines subject to

subsection (a) of this section; or]

[(B) incinerators subject to the CO limits of one of the

following:]

[(i) §111.121 of this title (relating to Single-, Dual-,

and Multiple-Chamber Incinerators);]

[(ii) §113.2072 of this title (relating to Emission

Limits) for hospital/medical/infectious waste incinerators; or]

[(iii) 40 CFR Part 264 or 265, Subpart O, for hazardous waste incinerators.]

(d) [(e)] Compliance flexibility.

(1) An owner or operator may use any of the following alternative methods to comply with the NO

X emission specifications of

this section:

(A) §117.423 of this title (relating to Source Cap); or

(B) §117.9800 of this title (relating to Use of Emission

Credits for Compliance).

(2) Section 117.425 of this title is not an applicable method

of compliance with the NO

X emission specifications of this section.

(3) An owner or operator may petition the executive director for an alternative to the CO or ammonia specifications of this section

in accordance with §117.425 of this title.

(e) [(f)] Prohibition of circumvention.

(1) The maximum rated capacity used to determine the applicability of the emission specifications in this section and the initial

compliance demonstration, monitoring, testing requirements, and final control plan in §§117.435, 117.440, and 117.454 of this title (relating to Initial Demonstration of Compliance; Continuous Demonstration of Compliance; and Final Control Plan Procedures for Attainment

Demonstration Emission Specifications) must be the greater of the following:

(A) the maximum rated capacity as of December 31,

2000;

(B) the maximum rated capacity after December 31,

2000; or

(C) the maximum rated capacity authorized by a permit

issued under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) after December

31, 2000.

(2) A unit's classification is determined by the most specific classification applicable to the unit as of December 31, 2000. For

example, a unit that is classified as a stationary gas-fired engine as

of December 31, 2000, but subsequently is authorized to operate as

a dual-fuel engine, is classified as a stationary gas-fired engine for the

purposes of this chapter.

(3) Changes after December 31, 2000, to a unit subject to

an emission specification in this section that result in increased NO

emissions X from a unit not subject to an emission specification of this section, such as redirecting one or more fuel or waste streams containing chemical-bound nitrogen to an incinerator with a maximum rated

capacity of less than 40 MMBtu/hr, or a flare, are [is] only allowed if:

(A) the increase in NO

X emissions at the unit not subject to this section is determined using a CEMS or PEMS that meets

the requirements of §117.440 of this title, or through stack testing that

meets the requirements of §117.435 of this title; and

(B) emission credits equal to the increase in NO

X emissions at the unit not subject to this section are obtained and used in

accordance with §117.9800 of this title [(relating to Use of Emission

Credits for Compliance)].

(4) A source that met the definition of major source on December 31, 2000, is always classified as a major source for purposes of

this chapter. A source that did not meet the definition of major source (i.e., was a minor source, or did not yet exist) on December 31, 2000,

but becomes a major source at any time after December 31, 2000, is

from that time forward always classified as a major source for purposes

of this chapter.

(5) The availability under subsection (a)(14) [(b)(14)] of

this section of an emission specification for units with an annual capacity factor of 0.0383 or less is based on the unit's status as of [on]

December 31, 2000. Reduced operation after December 31, 2000, cannot be used to qualify for a more lenient emission specification under

subsection (a)(14) [(b)(14)] of this section than would otherwise apply

to the unit.

[(6) This subsection does not apply to stationary, reciprocating internal combustion engines subject to subsection (a) of this section until the compliance date specified in §117.9030(b) of this title.]

(f) [(g)] Operating restrictions. No person may start or operate

any stationary diesel or dual-fuel engine for testing or maintenance of

the engine between the hours of 6:00 a.m. and noon, except:

(1) for specific manufacturer's recommended testing

requiring a run of over 18 consecutive hours;

(2) to verify reliability of emergency equipment (e.g.,

emergency generators or pumps) immediately after unforeseen repairs.

Routine maintenance such as an oil change is not considered to be an

unforeseen repair; or

(3) firewater pumps for emergency response training conducted from April 1 through October 31.

§117.423. Source Cap.

(a) An owner or operator may achieve compliance with the

nitrogen oxides (NO

X ) emission specifications of §117.405 of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)) or §117.410 of this title (relating to Emission

Specifications for Eight-Hour Attainment Demonstration), by achieving equivalent NO

X emission reductions obtained by compliance with

a source cap emission limitation in accordance with the requirements

of this section. Each equipment category at a source whose individual

emission units would otherwise be subject to the NO emission specifications of §117.405 or §1 X 17.410 of this title may be included in the

source cap. Any equipment category included in the source cap must

include all emission units belonging to that category. Equipment categories include, but are not limited to, the following: steam generation,

electrical generation, and units with the same product outputs, such

as ethylene cracking furnaces. All emission units not included in the

source cap must comply with the requirements of §117.405 or §117.410

of this title.

(b) The source cap allowable mass emission rate must be calculated as follows.



## PROPOSED RULES December 26, 2014 39 TexReg 10365(1) A rolling 30-day average emission cap must be calculated for all emission units included in the source cap using the following equation.

Figure: 30 TAC §117.423(b)(1)

[Figure: 30 TAC §117.423(b)(1)]

(2) A maximum daily cap must be calculated for all emission units included in the source cap using the following equation.

Figure: 30 TAC §117.423(b)(2) (No change.)

(3) Each emission unit included in the source cap is subject

to the requirements of both paragraphs (1) and (2) of this subsection at

all times.

(4) For stationary internal combustion engines, the source

cap allowable emission rate must be calculated in pounds per hour using the following equation.

Figure: 30 TAC §117.423(b)(4)

[Figure: 30 TAC §117.423(b)(4)]

(5) For stationary gas turbines, the source cap allowable

emission rate must be calculated in pounds per hour using the following

equations.

Figure: 30 TAC §117.423(b)(5)

[Figure: 30 TAC §117.423(b)(5)]

(c) The owner or operator who elects to comply with this section shall:

(1) for each unit included in the source cap, either:

(A) install, calibrate, maintain, and operate a continuous exhaust NO

X monitor, carbon monoxide (CO) monitor, an oxygen (O

2 ) (or carbon dioxide (CO

2 )) diluent monitor, and a totalizing fuel

flow meter in accordance with the requirements of §117.440 of this title

(relating to Continuous Demonstration of Compliance). The required

continuous emissions monitoring systems (CEMS) and fuel flow meters must be used to measure NO , CO, and O (or CO ) emissions and

fuel use and X for each affected unit must be 2 2 used to demonstrate continuous compliance with the source cap;

(B) install, calibrate, maintain, and operate a predictive

emissions monitoring system (PEMS) and a totalizing fuel flow meter

in accordance with the requirements of §117.440 of this title. The required PEMS and fuel flow meters must be used to measure NO , CO,

and O

2 (or CO

2 ) emissions and fuel flow for each affected unit and X must

be used to demonstrate continuous compliance with the source cap; or

(C) for units not subject to continuous monitoring requirements, use the maximum emission rate as measured by hourly

emission rate testing conducted in accordance with §117.435(d) of this

title (relating to Initial Demonstration of Compliance) in lieu of CEMS

or PEMS. Emission rates for these units are limited to the maximum

emission rates obtained from testing conducted under §117.435(d) of

this title; and

(2) for each operating unit equipped with CEMS, either use

a PEMS in accordance with §117.440 of this title, or the maximum

emission rate as measured by hourly emission rate testing conducted

in accordance with §117.435(d) of this title, to provide emissions compliance data during periods when the CEMS is off-line. The methods

specified in 40 Code of Federal Regulations §75.46 must be used to

provide emissions substitution data for units equipped with PEMS.

(d) The owner or operator of any units subject to a source cap

shall maintain daily records indicating the NO emissions from each

unit [source] and the total fuel usage X for each unit and include a total

NO

X emissions summation and total fuel usage for all units under the

source cap on a daily basis. Records must also be retained in accordance with §117.445 of this title (relating to Notification, Recordkeeping, and Reporting Requirements).

(e) The owner or operator of any units operating under this

provision shall report any exceedance of the source cap emission limit

within 48 hours to the appropriate regional office. The owner or operator shall then follow up within 21 days of the exceedance with a

written report that includes an analysis of the cause for the exceedance

with appropriate data to demonstrate the amount of emissions in excess of the applicable limit and the necessary corrective actions taken

by the company to assure future compliance. Additionally, the owner

or operator shall submit semiannual reports for the monitoring systems

in accordance with §117.445 of this title.

(f) The owner or operator shall demonstrate initial compliance with the source cap in accordance with the schedule specified

in §117.9030 of this title (relating to Compliance Schedule for

Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major

Sources).

(g) For compliance with §117.405 or §117.410 of this title, a

unit that has been permanently retired or decommissioned and rendered

inoperable may be included in the source cap under the following conditions.

(1) Permanent shutdowns must have occurred after

December 31, 2012, for units subject to §117.405 of this title, and

December 31, 2000, for units subject to §117.410 of this title.

(2) The source cap emission limit for retired units is calculated in accordance with subsection (b) of this section.

(3) The actual heat input must be calculated according to

subsection (b)(1) of this section. If the unit was not in service 24 consecutive months between January 1, 2012, and December 31, 2013, for

units subject to §117.405 of this title, and between January 1, 2000, and

December 31, 2001, for units subject to §117.410 of this title, the actual heat input must be the average daily heat input for the continuous

time period that the unit was in service, consistent with the heat input

used to represent the unit's emissions in the 2012 modeling inventory

for units subject to §117.405 of this title, and in the 2000 attainment

demonstration modeling inventory for units subject to §117.410 of this

title. The maximum heat input must be the maximum heat input, as

certified to the executive director, allowed or possible (whichever is

lower) in a 24-hour period.

(4) The owner or operator shall certify the unit's operational level and maximum rated capacity.

(5) Emission reductions from permanent shutdowns or curtailments that have been used for netting or offset purposes under the

requirements of Chapter 116 of this title (relating to Control of Air

Pollution by Permits for New Construction or Modification) may not

be included in the baseline for establishing the cap.

(h) An owner or operator who chooses to use the source cap option shall include in the initial control plan, if required to be filed

under §117.450 of this title (relating to Initial Control Plan Procedures),

a plan for initial compliance. The owner or operator shall include in the

initial control plan the identification of the election to use the source cap procedure as specified in this section to achieve compliance with this

section and shall specifically identify all sources that will be included in

the source cap. The owner or operator shall also include in the initial

control plan the method of calculating the actual heat input for each

unit included in the source cap, as specified in subsection (b)(1) of this

section.

(i) For the purposes of determining compliance with the source

cap emission limit, the contribution of each affected unit that is operat

## 39 TexReg 10366 December 26, 2014 Texas Registering during a startup, shutdown, or emissions event as defined in §101.1

of this title (relating to Definitions) must be calculated from the NO

emission X rate, as measured by the initial demonstration of compliance,

for that unit, unless the owner or operator provides data demonstrating

to the satisfaction of the executive director that actual emissions were

less than maximum emissions during such periods.

§117.425. Alternative Case Specific Specifications.

(a) Where a person can demonstrate that an affected unit

cannot attain the applicable requirements of the carbon monoxide

(CO) or ammonia specifications of §117.405(d) of this title (relating to

Emission Specifications for Reasonably Available Control Technology

(RACT)) or §117.410(c) of this title (relating to Emission Specifications for Eight-Hour Attainment Demonstrations), the executive

director may approve emission specifications different from the CO or

ammonia specifications in §117.405(d) or §117.410(c) [§117.410(d)]

of this title for that unit. The executive director:

(1) shall consider on a case-by-case basis the technological

and economic circumstances of the individual unit;

(2) shall determine that such specifications are the result of

the lowest emission specification the unit is capable of meeting after

the application of controls to meet the nitrogen oxides emission specifications of §117.405 or §117.410 of this title, as applicable; and

(3) in determining whether to approve alternative emission

specifications, may take into consideration the ability of the plant where

the unit is located to meet emission specifications through plant-wide

averaging at maximum capacity.

(b) Any owner or operator affected by the executive director's

decision to deny an alternative case specific emission specification may

file a motion to overturn the executive director's decision. The requirements of §50.139 of this title (relating to Motion to Overturn Executive

Director's Decision) apply. Executive director approval does not necessarily constitute satisfaction of all federal requirements nor eliminate

the need for approval by the United States Environmental Protection

Agency in cases where specified criteria for determining equivalency

have not been clearly identified in applicable sections of this division

[(relating to Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area

Major Sources)].

§117.430. Operating Requirements.

(a) The owner or operator shall operate any unit subject to the

source cap emission limits of §117.423 of this title (relating to Source

Cap) in compliance with those limitations.

(b) All units subject to the emission specifications of §117.405

of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)) or §117.410 [§117.410(a) or (b)]

of this title (relating to Emission Specifications for Eight-Hour Attainment Demonstration) or §117.423 of this title must be operated so as

to minimize nitrogen oxides (NO ) [NO ] emissions, consistent with

the emission X X control techniques selected, over the unit's operating or

load range during normal operations. Such operational requirements

include the following.

(1) Each boiler, except for wood-fired boilers, must be operated with oxygen (O

2 ), carbon monoxide (CO), or fuel trim.

(2) Each boiler and process heater controlled with forced

draft flue gas recirculation (FGR) to reduce NO

X emissions must be

operated such that the proportional design rate of FGR is maintained,

consistent with combustion stability, over the operating range.

(3) Each boiler and process heater controlled with induced

draft FGR to reduce NO

X emissions must be operated such that the operation of FGR over the operating range is not restricted by artificial

means.

(4) Each unit controlled with steam or water injection must

be operated such that injection rates are maintained to limit NO

the X con

less - centrations to than or equal to NO concentrations achieved at

maximum rated capacity (corrected X to 15% O

2 on a dry basis for stationary gas turbines).

(5) Each unit controlled with post-combustion control

techniques must be operated such that the reducing agent injection rate

is maintained to limit NO

X concentrations to less than or equal to the

NO

X concentrations achieved at maximum rated capacity.

(6) Each stationary internal combustion engine controlled

with nonselective catalytic reduction must be equipped with an automatic air-fuel ratio (AFR) controller that operates on exhaust O

2 or CO

control and maintains AFR in the range required to meet the engine's

applicable emission specifications.

(7) Each stationary internal combustion engine must be

checked for proper operation of the engine according to §117.8140(b)

of this title (relating to Emission Monitoring for Engines).

§117.435. Initial Demonstration of Compliance.

(a) The owner or operator of any unit subject to the emission

specifications of this division [(relating to Dallas-Fort Worth EightHour Ozone Nonattainment Area Major Sources)] shall test the unit

as follows.

(1) The unit must be tested for nitrogen oxides (NO ), carbon monoxide (CO), and oxygen (O

2 ) X emissions while firing gaseous

fuel or, as applicable, liquid and solid fuel.

(2) Units that inject urea or ammonia into the exhaust

stream for NO

X control must be tested for ammonia emissions.

(3) Initial demonstration of compliance testing must be

performed in accordance with the schedule specified in §117.9030

of this title (relating to Compliance Schedule for Dallas-Fort Worth

Eight-Hour Ozone Nonattainment Area Major Sources).

(b) The initial demonstration of compliance tests required by

subsection (a) of this section must use the methods referenced in subsection (d) or (e) of this section and must be used for determination

of initial compliance with the emission specifications of this division.

Test results must be reported in the units of the applicable emission

specifications and averaging periods.

(c) Any continuous emissions monitoring system (CEMS)

or any predictive emissions monitoring system (PEMS) required

by §117.440 of this title (relating to Continuous Demonstration of

Compliance) must be installed and operational before conducting

testing under subsection (a) of this section. Verification of operational

status must, at a minimum, include completion of the initial monitor

certification [relative accuracy test audit] and the manufacturer's

written requirements or recommendations for installation, operation,

and calibration of the device or system.

(d) Compliance with the emission specifications of this division for units operating without CEMS or PEMS must be demonstrated

according to the requirements of §117.8000 of this title (relating to

Stack Testing Requirements).

(e) Initial compliance with the emission specifications of this

division for units operating with CEMS or PEMS in accordance with

§117.440 of this title, must be demonstrated after monitor certification

testing using the CEMS or PEMS as follows.

(1) For boilers and process heaters complying with a NO

emission X specification [specifications] in pounds per million British



## PROPOSED RULES December 26, 2014 39 TexReg 10367thermal units (lb/MMBtu) on a rolling 30-day average, NO emissions

from the unit are monitored for 30 successive X unit operating days and

the 30-day average emission rate is used to determine compliance with

the NO

X emission specification. The 30-day average emission rate is

calculated as the average of all hourly emissions data recorded by the

monitoring system during the 30-day test period.

(2) For units complying with a NO

X emission specification

on a block one-hour average, any one-hour period while operating at

the maximum rated capacity, or as near thereto as practicable is used

to determine compliance with the NO

X emission specification.

(3) For units complying with a CO emission specification,

on a rolling 24-hour average, any 24-hour period is used to determine

compliance with the CO emission specification.

(4) For units complying with §117.423 of this title (relating to Source Cap) a rolling 30-day average of total daily pounds of

NO

X emissions from the units are monitored (or calculated in accordance with §117.423(c) of this title) for 30 successive source operating

days and the 30-day average emission rate is used to determine compliance with the NO

X emission limit. The 30-day average emission rate

is calculated as the average of all daily emissions data recorded by the

monitoring and recording system during the 30-day test period. There

must be no exceedances of the maximum daily cap during the 30-day

test period.

(f) Compliance stack test reports must include the information

required in §117.8010 of this title (relating to Compliance Stack Test

Reports).

§117.440. Continuous Demonstration of Compliance.

(a) Totalizing fuel flow meters. The owner or operator of units

listed in this subsection shall install, calibrate, maintain, and operate a totalizing fuel flow meter, with an accuracy of ± 5%, 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. The owner or operator must continuously operate the totalizing fuel flow meter at least 95% of the time

when the unit is operating during[, averaged over] a calendar year. For

the purpose of compliance with this subsection for units having pilot

fuel supplied by a separate fuel system or from an unmonitored portion

of the same fuel system, the fuel flow to pilots may be calculated using

the manufacturer's design flow rates rather than measured with a fuel

flow meter. The calculated pilot fuel flow rate must be added to the

monitored fuel flow when fuel flow is totaled.

(1) The units are the following units subject to §117.405

(relating to Emission Specifications for Reasonably Available Control

Technology (RACT)) or §117.410 of this title (relating to Emission

Specifications for Eight-Hour Attainment Demonstrations):

(A) boilers (excluding wood-fired boilers that must

comply by maintaining records of fuel usage as required in §117.445(f)

of this title (relating to Notification, Recordkeeping, and Reporting

Requirements) or monitoring in accordance with paragraph (2)(A) of

this subsection);

(B) process heaters;

(C) duct burners used in turbine exhaust ducts;

(D) stationary, reciprocating internal combustion engines;

(E) stationary gas turbines;

(F) lime kilns

(G) brick and ceramic kilns; (H) heat treating furnaces;

(I) reheat furnaces;

(J) lead smelting blast (cupola) and reverberatory furnaces;

(K) glass and fiberglass/mineral wool melting furnaces;

(L) incinerators (excluding vapor streams resulting

from vessel cleaning routed to an incinerator, provided that fuel usage

is quantified using good engineering practices, including calculation

methods in general use and accepted in new source review permitting

in Texas. All other fuel and vapor streams must be monitored in

accordance with this subsection);

(M) gas-fired glass, fiberglass, and mineral wool curing

ovens;

(N) natural gas-fired ovens and heaters; and

(O) natural gas-fired dryers used in organic solvent,

printing ink, clay, brick, ceramic, and calcining and vitrifying processes.

(2) The following are alternatives to the fuel flow monitoring requirements of paragraph (1) of this subsection.

(A) Units operating with a nitrogen oxides (NO ) and

diluent continuous emissions monitoring X system (CEMS) under subsection (f) of this section may monitor stack exhaust flow using the flow

monitoring specifications of 40 Code of Federal Regulations (CFR)

Part 60, Appendix B, Performance Specification 6 or 40 CFR Part 75,

Appendix A.

(B) Units that vent to a common stack with a NO

under X and

diluent CEMS subsection (f) of this section may use a single

totalizing fuel flow meter.

(C) Diesel engines operating with run time meters may

meet the fuel flow monitoring requirements of this subsection through

monthly fuel use records maintained for each engine.

(D) Stationary reciprocating internal combustion engines and gas turbines equipped with a continuous monitoring system

that continuously monitors horsepower and hours of operation are

not required to install totalizing fuel flow meters. The continuous

monitoring system must be installed, calibrated, maintained, and

operated according to manufacturers' recommended procedures.

(b) Oxygen (O

2 ) monitors.

(1) The owner or operator shall install, calibrate, maintain,

and operate an O

2 monitor to measure exhaust O

2 concentration on the

following units operated with an annual heat input greater than 2.2(10 11 )

British thermal units per year (Btu/yr):

(A) boilers with a rated heat input greater than or equal

to 100 million British thermal units per hour (MMBtu/hr); and

(B) process heaters with a rated heat input greater than

or equal to 100 MMBtu/hr, except:

(i) as provided in subsection (g) of this section; and

(ii) for process heaters operating with a carbon dioxide (CO

2 ) CEMS for diluent monitoring under subsection (f) of this section.

(2) The O

2 monitors required by this subsection are for

process monitoring (predictive monitoring inputs, boiler trim, or

process control) and are only required to meet the location specifications and quality assurance procedures referenced in subsection (f)

of this section if O

2 is the monitored diluent under that subsection.



## 39 TexReg 10368 December 26, 2014 Texas RegisterHowever, if new O monitors are required as a result of this subsection,

the criteria 2 in subsection (f) of this section should be considered the

appropriate guidance for the location and calibration of the monitors.

(c) NO

X monitors.

(1) The owner or operator of units listed in this paragraph

shall install, calibrate, maintain, and operate a CEMS or predictive

emissions monitoring system (PEMS) to monitor exhaust NO

units are: X . The

(A) units with a rated heat input greater than or equal

to 100 MMBtu/hr that are subject to §117.405(a) or (b) or §117.410(a)

[§117.410(b)] of this title;

(B) stationary gas turbines with a megawatt (MW) rating greater than or equal to 30 MW operated more than 850 hours per

year;

(C) units that use a chemical reagent for reduction of

NO

X ;

(D) units that the owner or operator elects to comply

with the NO

X emission specifications of §117.405(a) or (b) of this title

or §117.410(a) [§117.410(b)] of this title using a pound per MMBtu

(lb/MMBtu) limit on a 30-day rolling average;

(E) lime kilns; and

(F) brick kilns and ceramic kilns.

(2) Units subject to the NO

X CEMS requirements of 40

CFR Part 75 are not required to install CEMS or PEMS under this subsection.

(3) The owner or operator shall use one of the following

methods to provide substitute emissions compliance data during periods when the NO

X monitor is off-line:

(A) if the NO

X monitor is a CEMS:

(i) subject to 40 CFR Part 75, use the missing data

procedures specified in 40 CFR Part 75, Subpart D (Missing Data Substitution Procedures); or

(ii) subject to 40 CFR Part 75, Appendix E, use the

missing data procedures specified in 40 CFR Part 75, Appendix E, §2.5

(Missing Data Procedures);

(B) use 40 CFR Part 75, Appendix E monitoring in

accordance with §117.1340(d) of this title (relating to Continuous

Demonstration of Compliance);

(C) if the NO

X monitor is a PEMS:

(i) use the methods specified in 40 CFR Part 75,

Subpart D; or

(ii) use calculations in accordance with

§117.8110(b) of this title (relating to Emission Monitoring System

Requirements for Utility Electric Generation Sources); or

(D) the maximum block one-hour emission rate as

measured during the initial demonstration of compliance required in

§117.435(e) of this title (relating to Initial Demonstration of Compliance).

(d) Ammonia monitoring requirements. The owner or

operator of any unit subject to §117.405(a) or (b) or §117.410(a)

[§117.410(b)] of this title and the ammonia emission specification of

§117.405(d)(2) or §117.410(c)(2) of this title shall monitor ammonia

emissions from the unit according to the requirements of §117.8130

of this title (relating to Ammonia Monitoring). (e) Carbon monoxide (CO) monitoring. The owner or operator

shall monitor CO exhaust emissions from each unit listed in subsection

(c)(1) of this section using one or more of the methods specified in

§117.8120 of this title (relating to Carbon Monoxide (CO) Monitoring).

(f) 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 §117.8100(a) of this title (relating to

Emission Monitoring System Requirements for Industrial, Commercial, and Institutional Sources).

(g) PEMS requirements. The owner or operator of any PEMS

used to meet a pollutant monitoring requirement of this section shall

comply with the following.

(1) The PEMS must predict the pollutant emissions in the

units of the applicable emission limitations of this division (relating

to Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major

Sources).

(2) The PEMS must meet the requirements of

§117.8100(b) of this title.

(h) Engine monitoring. The owner or operator of any stationary gas engine subject to the emission specifications of this

division shall stack test engine NO and CO emissions as specified

in §117.8140(a) X of this title (relating to Emission Monitoring for

Engines).

(i) Run time meters. The owner or operator of any stationary

gas turbine or stationary internal combustion engine claimed exempt

using the exemption of §117.403(a)(7)(D), (8), or (9) or (b)(2)(D) of

this title (relating to Exemptions) shall record the operating time with

a non-resettable elapsed run time meter.

(j) Data used for compliance. After the initial demonstration

of compliance required by §117.435 of this title, the methods required

in this section must be used to determine compliance with the emission specifications of §117.405(a) or (b) or §117.410(a) [or (b)] of this

title. For enforcement purposes, the executive director may also use

other commission compliance methods to determine whether the unit

[source] is in compliance with applicable emission specifications.

(k) Testing requirements.

[(1) The owner or operator of units that are subject to the

emission specifications of §117.410(a) of this title shall test the units

as specified in §117.435 of this title in accordance with the schedule

specified in §117.9030(a) of this title.]

(1) [(2)] The owner or operator of units that are subject

to the emission specifications of §117.405(a) or (b) or §117.410(a)

[§117.410(b)] of this title shall test the units as specified in §117.435

of this title in accordance with the applicable schedule specified in

§117.9030 [§117.9030(b)] of this title (relating to Compliance Schedule for Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources).

(2) [(3)] The owner or operator of any unit not equipped

with CEMS or PEMS that are subject to the emission specifications of

§117.405(a) or (b) of this title or §117.410(a) [§117.410(b) ] of this title

shall retest the unit as specified in §117.435 of this title within 60 days

after any modification that could reasonably be expected to increase

the NO

X emission rate.

§117.445. Notification, Recordkeeping, and Reporting Requirements.

(a) Startup and shutdown records. For units subject to the

startup and/or shutdown provisions of §101.222 of this title (relating to

Demonstrations), hourly records must be made of startup and/or shut

## PROPOSED RULES December 26, 2014 39 TexReg 10369down events and maintained for a period of at least two years. Records

must be available for inspection by the executive director, the United

States Environmental Protection Agency, and any local air pollution

control agency having jurisdiction upon request. These records must

include, but are not limited to: type of fuel burned; quantity of each

type of fuel burned; and the date, time, and duration of the procedure.

(b) Notification. The owner or operator of a unit subject to

the emission specifications of §117.405(a) or (b) of this title (relating

to Emission Specifications for Reasonably Available Control Technology) or §117.410(a) of this title (relating to Emission Specifications

for Eight-Hour Attainment Demonstration) shall submit written notification of any continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) relative accuracy test

audit (RATA) conducted under §117.440 of this title (relating to Continuous Demonstration of Compliance) or any testing conducted under

§117.435 of this title (relating to Initial Demonstration of Compliance)

at least 15 days in advance of the date of the RATA or testing to the

appropriate regional office and any local air pollution control agency having jurisdiction.

[(b) Notification. The owner or operator of an affected source

shall submit notification to the appropriate regional office and any local

air pollution control agency having jurisdiction as follows:]

[(1) for units subject to the emission specifications of

§117.410(a) of this title (relating to Emission Specifications for

Eight-Hour Attainment Demonstration):]

[(A) verbal notification of the date of any testing conducted under §117.435 of this title (relating to Initial Demonstration

of Compliance) at least 15 days prior to such date followed by written

notification within 15 days after testing is completed; and]

[(B) verbal notification of the date of any continuous

emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) relative accuracy test audit (RATA) conducted

under §117.440 of this title (relating to Continuous Demonstration of

Compliance) at least 15 days prior to such date followed by written notification within 15 days after testing is completed; and]

[(2) for units subject to the emission specifications of

§117.410(b) of this title, written notification of any CEMS or PEMS

RATA conducted under §117.440 of this title or any testing conducted

under §117.435 of this title at least 15 days in advance of the date of

the RATA or testing.]

(c) Reporting of test results. The owner or operator of an affected unit shall furnish the Office of Compliance and Enforcement, the

appropriate regional office, and any local air pollution control agency having jurisdiction a copy of any testing conducted under §117.435 of

this title and any CEMS or PEMS RATA conducted under §117.440 of

this title:

(1) within 60 days after completion of such testing or evaluation; and

(2) not later than the compliance schedule specified in

§117.9030 of this title (relating to Compliance Schedule for Dallas-Fort

Worth Eight-Hour Ozone Nonattainment Area Major Sources).

(d) Semiannual reports. The owner or operator of a unit required to install a CEMS or PEMS under §117.440 of this title shall

report in writing to the executive director on a semiannual basis any

exceedance of the applicable emission specifications of this division

[(relating to Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area

Major Sources)] and the monitoring system performance. All reports

must be postmarked or received by the 30th day following the end of each calendar semiannual period. Written reports must include the following information:

(1) the magnitude of excess emissions computed in accordance with 40 Code of Federal Regulations §60.13(h), any conversion

factors used, the date and time of commencement and completion of

each time period of excess emissions, and the unit operating time during the reporting period. For units complying with §117.423 of this title

(relating to Source Cap), excess emissions are each daily period that the

total nitrogen oxides (NO

X ) emissions exceed the rolling 30-day average or the maximum daily NO

X cap;

(2) specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the

affected unit, the nature and cause of any malfunction (if known), and

the corrective action taken or preventative measures adopted;

(3) the date and time identifying each period when the continuous monitoring system was inoperative, except for zero and span

checks and the nature of the system repairs or adjustments;

(4) when no excess emissions have occurred or the continuous monitoring system has not been inoperative, repaired, or adjusted,

such information must be stated in the report; and

(5) if the total duration of excess emissions for the reporting period is less than 1.0% of the total unit operating time for the reporting period and the CEMS or PEMS downtime for the reporting period is less than 5.0% of the total unit operating time for the reporting

period, only a summary report form (as outlined in the latest edition of

the commission's Guidance for Preparation of Summary, Excess Emission, and Continuous Monitoring System Reports) must be submitted,

unless otherwise requested by the executive director. If the total duration of excess emissions for the reporting period is greater than or equal

to 1.0% of the total unit operating time for the reporting period or the

CEMS or PEMS downtime for the reporting period is greater than or equal to 5.0% of the total unit operating time for the reporting period, a

summary report and an excess emission report must both be submitted.

(e) Reporting for engines. The owner or operator of any gas-fired engine subject to the emission specifications in §117.405 or

§117.410 of this title shall report in writing to the executive director on

a semiannual basis any excess emissions and the air-fuel ratio monitoring system performance. All reports must be postmarked or received

by the 30th day following the end of each calendar semiannual period.

Written reports must include the following information:

(1) the magnitude of excess emissions (based on the

quarterly emission checks of §117.430(b)(7) of this title (relating

to Operating Requirements) and the biennial emission testing required for demonstration of emissions compliance in accordance with

§117.440(h) of this title, computed in pounds per hour and grams

per horsepower-hour, any conversion factors used, the date and time

of commencement and completion of each time period of excess

emissions, and the engine operating time during the reporting period;

and

(2) specific identification, to the extent feasible, of each period of excess emissions that occurs during startups, shutdowns, and

malfunctions of the engine or emission control system, the nature and

cause of any malfunction (if known), and the corrective action taken or preventative measures adopted.

(f) Recordkeeping. The owner or operator of a unit subject to

the requirements of this division [(relating to Dallas-Fort Worth EightHour Ozone Nonattainment Area Major Sources)] shall maintain written or electronic records of the data specified in this subsection. Such

records must be kept for a period of at least five years and must be made

available upon request by authorized representatives of the executive



## 39 TexReg 10370 December 26, 2014 Texas Registerdirector, the United States Environmental Protection Agency, or local

air pollution control agencies having jurisdiction. The records must include:

(1) for each unit subject to §117.440(a) of this title, records

of annual fuel usage;

(2) for each unit using a CEMS or PEMS in accordance

with §117.440 of this title, monitoring records of:

(A) hourly emissions and fuel usage (or stack exhaust

flow) for units complying with an emission specification enforced on a

block one-hour average; or

(B) daily emissions and fuel usage (or stack exhaust

flow) for units complying with an emission specification enforced on

a daily or rolling 30-day average. Emissions must be recorded in units

of:

(i) pounds per million British thermal units

(lb/MMBtu) heat input; and

(ii) pounds or tons per day;

(3) for each stationary internal combustion engine subject

to the emission specifications of this division, records of:

(A) emissions measurements required by:

(i) §117.430(b)(7) of this title; and

(ii) §117.440(h) of this title;

(B) catalytic converter, air-fuel ratio controller, or other

emissions-related control system maintenance, including the date and

nature of corrective actions taken; and

(C) daily average horsepower and total daily hours of

operation for each engine that the owner or operator elects to use the

alternative monitoring system allowed under §117.440(a)(2)(D) of this

title;

(4) for units claimed exempt from emission specifications

using the exemption of §117.403(a)(7)(D), (8), or (9) or (b)(2)(D) of

this title (relating to Exemptions), records of monthly hours of operation, for exemptions based on hours per year of operation. In addition,

for each turbine or engine claimed exempt under §117.403(a)(7)(D) or (b)(2)(D) of this title, written records must be maintained of the purpose

of turbine or engine operation and, if operation was for an emergency

situation, identification of the type of emergency situation and the start

and end times and date(s) of the emergency situation;

(5) records of ammonia measurements specified in

§117.440(d) of this title;

(6) records of carbon monoxide measurements specified in

§117.440(e) of this title;

(7) records of the results of initial certification testing, evaluations, calibrations, checks, adjustments, and maintenance of CEMS

or PEMS;

(8) records of the results of performance testing, including

initial demonstration of compliance testing conducted in accordance

with §117.435 of this title;

(9) for each stationary diesel or dual-fuel engine, records

of each time the engine is operated for testing and maintenance of the

engine, including:

(A) date(s) of operation;

(B) start and end times of operation;

(C) identification of the engine; and (D) total hours of operation for each month and for the

most recent 12 consecutive months; and

(10) for lime kilns that comply with the alternative

site-wide production rate weighted average emission specification

in §117.410(a)(7)(A)(ii) [§117.410(b)(7)(A)(ii)] of this title, daily

records of:

(A) average NO

(lb/ton) X emission rates in pounds per ton

of calcium oxide (CaO) for each kiln;

(B) production rate of CaO for each kiln in tons per day;

and

(C) site-wide production rate weighted average NO

emission X rate in lb/ton of CaO.

§117.450. Initial Control Plan Procedures.

(a) The owner or operator of any unit at a major source of nitrogen oxides (NO

X ) in the Dallas-Fort Worth eight-hour ozone nonattainment area that is subject to §117.405(a) or (b) of this title (relating to

Emission Specifications for Reasonably Available Control Technology

(RACT)) or §117.410(a) [§117.410(b)] of this title (relating to Emission Specifications for Eight-Hour Attainment Demonstration) shall

submit an initial control plan. The control plan must include:

(1) a list of all combustion units at the account that are

listed in §117.405(a) or (b) or §117.410(a) [§117.410(b)] of this title.

The list must include for each unit:

(A) the maximum rated capacity;

(B) anticipated annual capacity factor;

(C) estimated or measured NO

X emission data in the

units associated with the category of equipment from §117.405(a) or (b) or §117.410(a) [§117.410(b)] of this title;

(D) the method of determination for the NO

X emission

data required by subparagraph (C) of this paragraph;

(E) the facility identification number and emission

point number as submitted to the [Industrial] Emissions Assessment

Section of the commission; and

(F) the emission point number as listed on the Maximum Allowable Emissions Rate Table of any applicable commission

permit;

(2) identification of all units with a claimed exemption

from the emission specifications of §117.405(a) or (b) or §117.410(a)

[§117.410(b)] of this title and the rule basis for the claimed exemption;

(3) identification of the election to use the source cap emission limit as specified in §117.423 of this title (relating to Source Cap)

to achieve compliance with this rule and a list of the units to be included

in the source cap;

(4) a list of units to be controlled and the type of control

to be applied for all such units, including an anticipated construction

schedule;

(5) a list of units requiring operating modifications to comply with §117.430(b) of this title (relating to Operating Requirements)

and the type of modification to be applied for all such units, including

an anticipated construction schedule;

(6) for units required to install totalizing fuel flow meters

in accordance with §117.440(a) of this title (relating to Continuous

Demonstration of Compliance), indication of whether the devices are currently in operation, and if so, whether they have been installed as a

result of the requirements of this chapter; and



## PROPOSED RULES December 26, 2014 39 TexReg 10371(7) for units required to install continuous emissions monitoring systems or predictive emissions monitoring systems in accordance with §117.440 of this title, indication of whether the devices are currently in operation, and if so, whether they have been installed as a

result of the requirements of this chapter.

(b) The initial control plan must be submitted to the Office of

Compliance and Enforcement, the appropriate regional office, and the

[Chief Engineer's] Office of Air by the applicable date specified for initial control plans in §117.9030 [§117.9030(b)] of this title (relating to

Compliance Schedule for Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources).

[(c) For units located in Dallas, Denton, Collin, and Tarrant

Counties subject to §117.210 of this title (relating to Emission Specifications for Attainment Demonstration), the owner or operator may

elect to submit the most recent revision of the final control plan required

by §117.254 of this title (relating to Final Control Plan Procedures for

Attainment Demonstration Emission Specifications) in lieu of the initial control plan required by subsection (a) of this section.]

§117.452. Final Control Plan Procedures for Reasonably Available

Control Technology.

(a) The owner or operator of any unit subject to §117.405 of

this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)) at a major source of nitrogen oxides

(NO

X ) shall submit a final control report to show compliance with the

requirements of §117.405 of this title. The report must include:

(1) the section used to demonstrate compliance, either:

(A) §117.405 of this title;

(B) §117.423 of this title (relating to Source Cap); or

(C) §117.9800 of this title (relating to Use of Emission

Credits for Compliance);

(2) the method of NO

X control for each unit;

(3) the emissions measured by testing required in §117.435

of this title (relating to Initial Demonstration of Compliance);

(4) the submittal date, and whether sent to the central or the

regional office (or both), of any compliance stack test report or monitor

certification report required by §117.435 of this title that is not being

submitted concurrently with the final compliance report; and

(5) the specific rule citation for any unit with a claimed exemption from the emission specification of §117.405 of this title.

(b) For sources complying with §117.423 of this title, in addition to the requirements of subsection (a) of this section, the owner or

operator shall submit:

(1) the calculations used to calculate the 30-day average

and maximum daily source cap allowable emission rates;

(2) a list containing, for each unit in the cap:

(A) the average daily heat input, H

i , specified in

§117.423(b)(1) of this title;

(B) the maximum daily heat input, H

mi , specified in

§117.423(b)(2) of this title;

(C) the method of monitoring emissions; and

(D) the method of providing substitute emissions data

when the NO

X monitoring system is not providing valid data; and

(3) an explanation of the basis of the values of H

i and H

mi , specified in §117.423(b)(1) and (2) of this title. (c) The report must be submitted to the Office of Compliance

and Enforcement, the appropriate regional office, and the Office of Air

by the applicable date specified for final control plans in §117.9030(a)

of this title (relating to Compliance Schedule for Dallas-Fort Worth

Eight-Hour Ozone Nonattainment Area Major Sources). The plan

must be updated with any emission compliance measurements submitted for units using continuous emissions monitoring system or predictive emissions monitoring system and complying with the

source cap rolling 30-day average emission limit, according to the

applicable schedule given in §117.9030(a) of this title.

§117.454. Final Control Plan Procedures for Attainment Demonstration Emission Specifications.

(a) The owner or operator of any unit subject to §117.410 of

this title (relating to Emission Specifications for Eight-Hour Attainment Demonstration [Demonstrations]) at a major source of nitrogen

oxides (NO

X ) shall submit a final control report to show compliance

with the requirements of §117.410 of this title. The report must include:

(1) the section used to demonstrate compliance, either:

(A) §117.410 of this title;

(B) §117.423 of this title (relating to Source Cap); or

(C) §117.9800 of this title (relating to Use of Emission

Credits for Compliance);

(2) the method of NO

X control for each unit;

(3) the emissions measured by testing required in §117.435

of this title (relating to Initial Demonstration of Compliance);

(4) the submittal date, and whether sent to the central or

the regional office (or both), of any compliance stack test report or

monitor certification [relative accuracy test audit] report required by

§117.435 of this title that is not being submitted concurrently with the

final compliance report; and

(5) the specific rule citation for any unit with a claimed exemption from the emission specification of §117.410 of this title.

(b) For sources complying with §117.423 of this title, in addition to the requirements of subsection (a) of this section, the owner or

operator shall submit:

(1) the calculations used to calculate the 30-day average

and maximum daily source cap allowable emission rates;

(2) a list containing, for each unit in the cap:

(A) the average daily heat input, H

i , specified in

§117.423(b)(1) of this title;

(B) the maximum daily heat input, H , specified in

§117.423(b)(2) [§117.423(b)(1)] mi of this title;

(C) the method of monitoring emissions; and

(D) the method of providing substitute emissions data

when the NO

X monitoring system is not providing valid data; and

(3) an explanation of the basis of the values of H

i and H

mi , specified in §117.423(b)(1) and (2) of this title.

(c) The report must be submitted to the Office of Compliance

and Enforcement, the appropriate regional office, and the [Chief Engineer's] Office of Air by the applicable date specified for final control plans in §117.9030 of this title (relating to Compliance Schedule

for Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major

Sources). The plan must be updated with any emission compliance

measurements submitted for units using continuous emissions monitor

## 39 TexReg 10372 December 26, 2014 Texas Register

## ♦ ♦ ♦ ing system or predictive emissions monitoring system and complying

with the source cap rolling 30-day average emission limit, according

to the applicable schedule given in §117.9030 of this title.

§117.456. Revision of Final Control Plan.

A revised final control plan may be submitted by the owner or operator, along with any required permit applications. Such a plan must

adhere to the requirements and the final compliance dates of this division (relating to Dallas-Fort Worth Eight-Hour Ozone Nonattainment

Area Major Sources).

(1) For sources complying with §117.405 of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)) or §117.410 of this title (relating to Emission Specifications for Eight-Hour Attainment Demonstration), replacement new

units may be included in the control plan.

(2) For sources complying with §117.423 of this title (relating to Source Cap), any new unit must be included in the source cap, if

the unit belongs to an equipment category that is included in the source

cap.

(3) The revision of the final control plan is subject to the

review and approval of the executive director.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority

to adopt.

Filed with the Office of the Secretary of State on December 12,

2014.

TRD-201405983

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: January 25, 2015

For further information, please call: (512) 239-2613



## SUBCHAPTER C. COMBUSTION CONTROL

AT MAJOR UTILITY ELECTRIC GENERATION

SOURCES IN OZONE NONATTAINMENT

AREAS

DIVISION 2. DALLAS-FORT WORTH OZONE

NONATTAINMENT AREA UTILITY ELECTRIC

GENERATION SOURCES

30 TAC §§117.1100, 117.1103, 117.1105, 117.1110, 117.1115,

117.1120, 117.1125, 117.1135, 117.1140, 117.1145, 117.1152,

117.1154, 117.1156

(Editor's note: The text of the following sections proposed for repeal

will not be published. The sections may be examined in the offices of the

Texas Commission on Environmental Quality or in the Texas Register

office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

Statutory Authority

The repealed sections are proposed under Texas Water Code

(TWC), §5.102, concerning General Powers, that provides the

commission with the general powers to carry out its duties un

der the TWC; TWC, §5.103, concerning Rules, that authorizes

the commission to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, concerning General

Policy, that authorizes the commission by rule to establish and

approve all general policy of the commission; and under Texas

Health and Safety Code (THSC), §382.017, concerning Rules,

that authorizes the commission to adopt rules consistent with the

policy and purposes of the Texas Clean Air Act. The repealed

sections are also proposed under THSC, §382.002, concerning

Policy and Purpose, that establishes the commission's purpose

to safeguard the state's air resources, consistent with the pro

tection of public health, general welfare, and physical property;

THSC, §382.011, concerning General Powers and Duties, that

authorizes the commission to control the quality of the state's air;

and THSC, §382.012, concerning State Air Control Plan, that

authorizes the commission to prepare and develop a general,

comprehensive plan for the proper control of the state's air. The

repealed sections are also proposed under THSC, §382.016,

concerning Monitoring Requirements; Examination of Records,

that authorizes the commission to prescribe reasonable require

ments for the measuring and monitoring of air contaminant emis

sions. The repealed sections are also proposed under Federal

Clean Air Act (FCAA), 42 United States Code (USC), §§7401, et

seq., which requires states to submit state implementation plan

revisions that specify the manner in which the National Ambi

ent Air Quality Standards will be achieved and maintained within

each air quality control region of the state.

The repealed sections implement THSC, §§382.002, 382.011,

382.012, 382.016, and 382.017; and FCAA, 42 USC, §§7401 et

seq.

§117.1100. Applicability.

§117.1103. Exemptions.

§117.1105. Emission Specifications for Reasonably Available Con

trol Technology (RACT).

§117.1110. Emission Specifications for Attainment Demonstration.

§117.1115. Alternative System-Wide Emission Specifications.

§117.1120. System Cap.

§117.1125. Alternative Case Specific Specifications.

§117.1135. Initial Demonstration of Compliance.

§117.1140. Continuous Demonstration of Compliance.

§117.1145. Notification, Recordkeeping, and Reporting Require

ments.

§117.1152. Final Control Plan Procedures for Reasonably Available

Control Technology.

§117.1154. Final Control Plan Procedures for Attainment Demon

stration Emission Specifications.

§117.1156. Revision of Final Control Plan.

The agency certifies that legal counsel has reviewed the pro

posal and found it to be within the state agency's legal authority

to adopt.

Filed with the Office of the Secretary of State on December 12,

2014.

TRD-201405984

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: January 25, 2015

For further information, please call: (512) 239-2613



## PROPOSED RULES December 26, 2014 39 TexReg 10373

## ♦ ♦ ♦

DIVISION 4. DALLAS-FORT WORTH

EIGHT-HOUR OZONE NONATTAINMENT

AREA UTILITY ELECTRIC GENERATION

SOURCES

30 TAC §§117.1303, 117.1310, 117.1325, 117.1335, 117.1340,

117.1345, 117.1350, 117.1354

Statutory Authority

The amended sections are proposed under Texas Water Code

(TWC), §5.102, concerning General Powers, that provides the

commission with the general powers to carry out its duties un

der the TWC; TWC, §5.103, concerning Rules, that authorizes

the commission to adopt rules necessary to carry out its powers

and duties under the TWC; TWC, §5.105, concerning General

Policy, that authorizes the commission by rule to establish and

approve all general policy of the commission; and under Texas

Health and Safety Code (THSC), §382.017, concerning Rules,

that authorizes the commission to adopt rules consistent with the

policy and purposes of the Texas Clean Air Act. The amended

sections are also proposed under THSC, §382.002, concerning

Policy and Purpose, that establishes the commission's purpose

to safeguard the state's air resources, consistent with the pro

tection of public health, general welfare, and physical property;

THSC, §382.011, concerning General Powers and Duties, that

authorizes the commission to control the quality of the state's air;

and THSC, §382.012, concerning State Air Control Plan, that

authorizes the commission to prepare and develop a general,

comprehensive plan for the proper control of the state's air. The

amended sections are also proposed under THSC, §382.016,

concerning Monitoring Requirements; Examination of Records,

that authorizes the commission to prescribe reasonable require

ments for the measuring and monitoring of air contaminant emis

sions. The amended sections are also proposed under Federal

Clean Air Act (FCAA), 42 United States Code (USC), §§7401, et

seq., which requires states to submit state implementation plan

revisions that specify the manner in which the National Ambi

ent

each air quality control region of the state.

The amended sections implement THSC, §§382.002, 382.011,

382.012, 382.016, and 382.017; and FCAA, 42 USC, §§7401 et

seq.

§117.1303. Exemptions.

(a) Emission specifications for attainment demonstrations.

Units exempt from the provisions of §117.1310 and §117.1340 of this

title (relating to Emission Specifications for Eight-Hour Attainment

Demonstration; and Continuous Demonstration of Compliance),

except as specified in §117.1340(i) or (j) of this title, include the

following:

[(1) any new auxiliary steam boiler or stationary gas turbines placed into service after November 15, 1992;]

(1) [(2)] any auxiliary steam boiler with an annual heat

input less than or equal to 2.2(10 11 ) British thermal units per year; or

(2) [(3)] stationary gas turbines and engines that are:

(A) used solely to power other engines or gas turbines

during startups; or

(B) demonstrated to operate less than 850 hours per

year, based on a rolling 12-month basis [average]. Air Quality Standards will be achieved and maintained within (b) Emergency fuel oil firing.

(1) The emissions specifications of §117.1310 of this title

do not apply during an emergency operating condition declared by the

Electric Reliability Council of Texas, or any other emergency operating condition that necessitates oil firing. All findings that emergency operating conditions exist are subject to the approval of the executive

director.

(2) The owner or operator of an affected unit shall give the

executive director and any local air pollution control agency having

jurisdiction verbal notification as soon as possible but no later than

48 hours after declaration of the emergency. Verbal notification must

identify the anticipated date and time oil firing will begin, duration of

the emergency period, affected oil-fired equipment, and quantity of oil

to be fired in each unit, and must be followed by written notification

containing this information no later than five days after declaration of

the emergency.

(3) The owner or operator of an affected unit shall give the

executive director and any local air pollution control agency having

jurisdiction final written notification as soon as possible but no later

than two weeks after the termination of emergency fuel oil firing. Final

written notification must identify the actual dates and times that oil

firing began and ended, duration of the emergency period, affected oilfired equipment, and quantity of oil fired in each unit.

§117.1310. Emission Specifications for Eight-Hour Attainment

Demonstration.

(a) Nitrogen oxides (NO

or X ) emission specifications. The owner

operator of any utility boiler, auxiliary steam boiler, or stationary gas

turbine subject to this division [(relating to Dallas-Fort Worth EightHour Ozone Nonattainment Area Utility Electric Generation Sources)]

shall not allow the discharge into the atmosphere, emissions of NO

excess of the following: X in

(1) utility boilers:

(A) 0.06 pounds per million British thermal units

(lb/MMBtu) heat input from utility boilers that are part of a small utility system, as defined in §117.10 of this title (relating to Definitions):

(i) on a rolling 24-hour average basis during the

months of March through October of each calendar year; and

(ii) on a rolling 30-day average basis during the

months of November, December, January, and February of each

calendar year;

(B) 0.033 lb/MMBtu heat input from utility boilers that

are part of a large utility system, as defined in §117.10 of this title:

(i) on a rolling 24-hour average basis during the

months of March through October of each calendar year; and

(ii) on a rolling 30-day average basis during the

months of November, December, January, and February of each

calendar year;

(C) 0.50 pounds per megawatt-hour output on an annual

average basis; or

(D) 0.033 lb/MMBtu heat input on a system-wide heat

input weighted average basis for utility boilers that are part of a large

utility system, as defined in §117.10 of this title:

(i) on a rolling 168-hour average basis for each hour

during which fuel was combusted in any unit in the system; and

(ii) determined according to the following equation:

Figure: 30 TAC §117.1310(a)(1)(D)(ii) (No change.)



## 39 TexReg 10374 December 26, 2014 Texas Register(2) auxiliary steam boilers:

(A) 0.26 lb/MMBtu heat input on a rolling 24-hour average and 0.20 lb/MMBtu heat input on a 30-day rolling average while

firing natural gas or a combination of natural gas and waste oil;

(B) 0.30 lb/MMBtu heat input on a rolling 24-hour averaging period while firing fuel oil only;

(C) the heat input weighted average of the applicable

emission specifications specified in subparagraphs (A) and (B) of this

paragraph on a rolling 24-hour averaging period while firing a mixture

of natural gas and fuel oil, as follows:

Figure: 30 TAC §117.1310(a)(2)(C) (No change.)

(D) for each auxiliary steam boiler that is an affected

facility as defined by New Source Performance Standards (NSPS) 40

Code of Federal Regulations Part 60, Subparts D, Db, or Dc, the applicable NSPS NO

X emission limit, unless the boiler is also subject to a

more stringent permit emission limit, in which case the more stringent

emission limit applies. Each auxiliary steam boiler subject to an emission specification under this subparagraph is not subject to the emission

specifications of subparagraphs (A), (B), or (C) of this paragraph.

(3) stationary gas turbines:

(A) with a megawatt (MW) rating greater than or equal

to 30 MW and an annual electric output in megawatt-hr (MW-hr) of

greater than or equal to the product of 2,500 hours and the MW rating

of the unit, NO

X emissions in excess of a block one-hour average of:

(i) 42 parts per million by volume (ppmv) at 15%

oxygen (O

2 ), dry basis, while firing natural gas; and

(ii) 65 ppmv at 15% O

oil; and 2 , dry basis, while firing fuel

(B) used for peaking service with an annual electric output in MW-hr of less than the product of 2,500 hours and the MW rating

of the unit, NO

X emissions in excess of a block one-hour average of:

(i) 0.20 lb/MMBtu heat input while firing natural

gas; and

(ii) 0.30 lb/MMBtu heat input while firing fuel oil.

(b) Related emissions. The owner or operator of any unit subject to the emission specifications of subsection (a) of this section shall

not allow emissions [emission] in excess of the following, except as provided in §117.1325 of this title (relating to Alternative Case Specific Specifications):

(1) for utility boilers or auxiliary steam boilers, carbon

monoxide (CO) emissions of 400 ppmv at 3.0% O

2 , dry (or alternatively, 0.30 lb/MMBtu heat input for gas-fired units and 0.31

lb/MMBtu heat input for oil-fired units), based on:

(A) a block one-hour averaging period for units not

equipped with a continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) for CO; and

(B) a rolling 24-hour averaging period for units

equipped with CEMS or PEMS for CO;

(2) for any stationary gas turbine with a MW rating greater

than or equal to 10 MW, CO emissions in excess of a block one-hour

average of 132 ppmv at 15% O

2 , dry basis; and

(3) for units that inject urea or ammonia into the exhaust

stream for NO

X control, ammonia emissions of 10 ppmv, at 3.0% O

2 , dry, for utility boilers or auxiliary steam boilers and 15% O , dry, for

stationary gas 2 turbines (including duct burners used in turbine exhaust

ducts), based on: (A) a block one-hour averaging period for units not

equipped with a CEMS or PEMS for ammonia; and

(B) a rolling 24-hour averaging period for units

equipped with CEMS or PEMS for ammonia.

[(1) carbon monoxide (CO):]

[(A) for utility boilers or auxiliary steam boilers, 400

ppmv at 3.0% O

, dry (or alternatively, 0.30 lb/MMBtu heat input for

gas-fired units 2 and 0.31 lb/MMBtu heat input for oil-fired units), based

on:]

[(i) a one-hour average for units not equipped with a

continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) for CO; or]

[(ii) a rolling 24-hour averaging period for units

equipped with CEMS or PEMS for CO; and]

[(B) for any stationary gas turbine with a MW rating

greater than or equal to 10 MW, CO emissions in excess of a block

one-hour average of 132 ppmv at 15% O

2 , dry basis; and]

[(2) ammonia:]

[(A) for units that inject urea or ammonia into the exhaust stream for NO control, 10 ppmv, at 3.0% O , dry, for boilers and

15% O for X

2 , , 2

dry stationary gas turbines (including duct burners used in

turbine exhaust ducts), based on:]

[(i) a block one-hour averaging period for units not

equipped with a CEMS or PEMS for ammonia; or]

[(ii) a rolling 24-hour averaging period for units

equipped with CEMS or PEMS for ammonia; and]

[(B) for all other units, 20 ppmv based on a block onehour averaging period.]

(c) Compliance flexibility.

(1) An owner or operator may use §117.9800 of this title

(relating to Use of Emission Credits for Compliance) to comply with

the NO

X emission specifications of this section.

(2) Section 117.1325 of this title is not an applicable

method of compliance with the NO

X emission specifications of this

section.

(3) An owner or operator may petition the executive director for an alternative to the CO or ammonia specifications of this section

in accordance with §117.1325 of this title.

§117.1325. Alternative Case Specific Specifications.

(a) Where a person can demonstrate that an affected unit cannot attain the applicable requirements of the carbon monoxide (CO) or

ammonia emission specifications of §117.1310(b) of this title (relating

to Emission Specifications for Eight-Hour Attainment Demonstration),

the executive director may approve emission specifications different

from the CO or ammonia specifications in §117.1310(b) of this title for

that unit. The executive director:

(1) shall consider on a case-by-case basis the technological

and economic circumstances of the individual unit;

(2) shall determine that such specifications are the result of

the lowest emission limitation the unit is capable of meeting after the

application of controls to meet the nitrogen oxides emission specifications of §117.1310 of this title, as applicable; and

(3) in determining whether to approve alternative emission

specifications, may take into consideration the ability of the plant where



## PROPOSED RULES December 26, 2014 39 TexReg 10375the unit is located to meet emission specifications through system-wide

averaging at maximum capacity.

(b) Any owner or operator affected by the executive director's

decision to deny an alternative case specific emission specification may

file a motion to overturn the executive director's decision. The requirements of §50.139 of this title (relating to Motion to Overturn Executive

Director's Decision) apply. Executive director approval does not necessarily constitute satisfaction of all federal requirements nor eliminate

the need for approval by the United States Environmental Protection

Agency in cases where specified criteria for determining equivalency

have not been clearly identified in applicable sections of this division

(relating to Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area

Utility Electric Generation Sources).

§117.1335. Initial Demonstration of Compliance.

(a) The owner or operator of all units subject to the emission

specifications of this division [(relating to Dallas-Fort Worth EightHour Ozone Nonattainment Area Utility Electric Generation Sources)]

shall test the units as follows.

(1) The units must be tested for nitrogen oxides (NO

X ), carbon monoxide (CO), and oxygen (O

2 ) emissions.

(2) Units that inject urea or ammonia into the exhaust

stream for NO

X control must be tested for ammonia emissions.

(3) Testing must be performed in accordance with the

schedules specified in §117.9130 of this title (relating to Compliance

Schedule for Dallas-Fort Worth Eight-Hour Ozone Nonattainment

Area Utility Electric Generation Sources).

(b) The tests required by subsection (a) of this section must be

used for determination of initial compliance with the emission specifications of this division. Test results must be reported in the units of

the applicable emission specifications and averaging periods. If compliance testing is based on 40 Code of Federal Regulations Part 60,

Appendix A reference methods, the report must contain the information specified in §117.8010 of this title (relating to Compliance Stack

Test Reports).

(c) Continuous emissions monitoring systems (CEMS) or predictive emissions monitoring systems (PEMS) required by §117.1340

of this title (relating to Continuous Demonstration of Compliance) must

be installed and operational before conducting testing under subsection

(a) of this section. Verification of operational status must, at a minimum, include completion of the initial monitor certification and the

manufacturer's written requirements or recommendations for installation, operation, and calibration of the device.

(d) Initial compliance with the emission specifications of this

division for units operating with CEMS or PEMS in accordance with

§117.1340 of this title must be demonstrated after monitor certification

testing using the NO

X CEMS or PEMS as follows.

(1) To comply with the NO

X emission specification in

pounds per million British thermal units (lb/MMBtu) on a rolling

30-day average, NO

X emissions from a unit are monitored for 30

consecutive [successive] unit operating days and the 30-day average

emission rate is used to determine compliance with the NO emission

specification. The X 30-day average emission rate is calculated as the

average of all hourly emissions data recorded by the monitoring

system during the 30-day test period.

(2) To comply with the NO

X emission specification in

lb/MMBtu on a rolling 24-hour average, NO

X emissions from a

unit are monitored for 24 consecutive unit operating hours and the

24-hour average emission rate is used to determine compliance with

the NO

X emission specification. The 24-hour average emission rate is calculated as the average of all hourly emissions data recorded by the

monitoring system during the 24-hour test period. Compliance with

the NO

X emission specification for fuel oil firing must be determined

based on the first 24 consecutive operating hours a unit fires fuel oil.

(3) To comply with the NO

X emission specification in

pounds per hour or parts per million by volume (ppmv) at 15% O

dry basis, on a block one-hour average, any one-hour period 2 while

operating at the maximum rated capacity, or as near thereto as practicable, after CEMS or PEMS certification testing required in §117.1340

of this title is used to determine compliance with the NO emission

specification. X

(4) To comply with the NO

X emission specification in

lb/MMBtu on a block one-hour average, any one-hour period while

operating at the maximum rated capacity, or as near thereto as practicable, after CEMS or PEMS certification testing required in §117.1340

of this title is used to determine compliance with the NO

X emission

specification.

(5) [(4)] To comply with the NO emission specification

in pounds X per megawatt-hour output on an annual average basis, NO

emissions from the unit are monitored in accordance with §1 X 17.1340(a)

and (k) of this title. The annual average is calculated as the average of

all hourly emissions [emission] data recorded by the monitoring system. The averaging period for demonstrating initial compliance with

the emission specification in §117.1310(a)(1)(C) of this title (relating

to Emission Specifications for Eight-Hour Attainment Demonstration)

is from March 1, 2009, through February 28, 2010.

(6) To comply with the NO

lb/MMBtu X emission specification in

on a rolling 168-hour average, NO

X emissions from all units

in the system are monitored for 168 consecutive unit operating hours

and the 168-hour average emission rate is used to determine compliance with the NO emission specification. The 168-hour average

emission rate is X calculated using the equation in §117.1310(a)(1)(D) of

this title by calculating the system-wide heat input weighted average

for each hour and then averaging the hourly data during the 168-hour

test period.

(7) [(5)] To comply with the CO emission specification

in ppmv [parts per million by volume] on a rolling 24-hour average,

CO emissions from a unit are monitored for 24 consecutive unit operating hours and the rolling 24-hour average emission rate is used to

determine compliance with the CO emission specification. The rolling

24-hour average emission rate is calculated as the average of all hourly

emissions data recorded by the monitoring system during the 24-hour

test period.

§117.1340. Continuous Demonstration of Compliance.

(a) Nitrogen oxides (NO

X ) monitoring. The owner or operator of each unit subject to the emission specifications of this division

[(relating to Dallas-Fort Worth Eight-Hour 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 NO

X on an individual basis. Each NO monitor (CEMS or PEMS) is X 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 pound per million British thermal

units (lb/MMBtu)) do not apply. Each NO monitor must meet either

the relative accuracy percent requirement of X 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



## 39 TexReg 10376 December 26, 2014 Texas Registeremission 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) Ammonia monitoring requirements. The owner or operator of units that are subject to the ammonia emission specification of

§117.1310(b)(3) [§117.1310(b)(2)(A)] of this title (relating to Emission Specifications for Eight-Hour Attainment Demonstration) shall

comply with the ammonia monitoring requirements of §117.8130 of

this title (relating to Ammonia Monitoring).

(d) 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).

(e) 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

NO

X emission rates based on those procedures; or

(2) use CEMS or PEMS in accordance with this section to

monitor NO

X emission rates.

(f) Auxiliary steam boilers. The owner or operator of each

auxiliary steam boiler shall comply with the following to monitor NO

emission X rates:

(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 §117.440 of this title (relating to Continuous Demonstration of Compliance).

(g) 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 limitations of this division.

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

of this title.

(h) Stationary gas turbine monitoring. The owner or operator

of each stationary gas turbine subject to the emission specifications of

§117.1310 of this title, 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 (relating to Definitions)) that use steam or water injection to comply with

the emission specifications of §117.1310(a)(3) 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 §117.1310 of this title; and (2) for all other stationary gas turbines subject to the emission specifications of §117.1310 of this title, install, calibrate, maintain,

and operate a CEMS or PEMS in compliance with this section.

(i) 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

§117.1310 of this title;

(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

§117.1303(a)(2) of this title (relating to Exemptions).

(j) Run time meters. The owner or operator of any stationary

gas turbine using the exemption of §117.1303(a)(3) of this title shall

record the operating time with an elapsed run time meter.

(k) Monitoring for output-based NO

X emission specification.

The owner or operator of any unit that complies with the optional output-based NO

X emission specification in §117.1310(a)(1)(C) of this title, shall comply with the following:

(1) install, calibrate, maintain, and operate a system to continuously monitor, at least once every 15 minutes, and record the gross

energy production of the unit in megawatt-hours;

(2) for each hour of operation, determine the total mass

emission of NO

X , in pounds, from the unit using the NO monitoring

requirements of subsection (a) of fuel X this the section and monitoring

requirements of subsection (i) of this section; and

(3) for each hour of operation, calculate and record the NO

emissions using in megawatt-hour X

pounds per the monitoring specified

in paragraphs (1) and (2) of this subsection.

(l) Loss of exemption. The owner or operator of any unit

claimed exempt from the emission specifications of this division using

the exemptions in §117.1303(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.

(m) Data used for compliance. After the initial demonstration

of compliance required by §117.1335 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 §117.1310 of this title. Compliance with the emission specifications

may also be determined at the discretion of the executive director using

any commission compliance method.



## PROPOSED RULES December 26, 2014 39 TexReg 10377§117.1345. Notification, Recordkeeping, and Reporting Requirements.

(a) Startup and shutdown records. For units subject to the

startup and/or shutdown provisions of §101.222 of this title (relating to

Demonstrations), hourly records must be made of startup and/or shutdown events and maintained for a period of at least two years. Records

must be available for inspection by the executive director, United States

Environmental Protection Agency, and any local air pollution control

agency having jurisdiction upon request. These records must include,

but are not limited to: type of fuel burned; quantity of each type fuel

burned; gross and net energy production in megawatt-hours (MW-hr);

and the date, time, and duration of the event.

(b) Notification. The owner or operator of a unit subject to the

emission specifications of this division (relating to Dallas-Fort Worth

Eight-Hour Ozone Nonattainment Area Utility Electric Generation

Sources) shall submit notification to the appropriate regional office and

any local air pollution control agency having jurisdiction as follows:

(1) written notification of the date of any testing conducted

under §117.1335 of this title (relating to Initial Demonstration of Compliance) at least 15 days prior to such date; and

(2) written notification of the date of any continuous emissions monitoring system (CEMS) or predictive emissions monitoring

system (PEMS) performance evaluation conducted under §117.1340 of

this title (relating to Continuous Demonstration of Compliance) at least

15 days prior to such date.

(c) Reporting of test results. The owner or operator of an affected unit shall furnish the Office of Compliance and Enforcement, the

appropriate regional office, and any local air pollution control agency having jurisdiction a copy of any testing conducted under §117.1335

of this title or any CEMS or PEMS performance evaluation conducted

under §117.1340 of this title:

(1) within 60 days after completion of such testing or evaluation; and

(2) not later than the appropriate compliance schedules

specified in §117.9130 of this title (relating to Compliance Schedule

for Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Utility

Electric Generation Sources).

(d) Semiannual reports. The owner or operator of a unit required to install a CEMS, PEMS, or steam-to-fuel or water-to-fuel ratio

monitoring system under §117.1340 of this title shall report in writing

to the executive director on a semiannual basis any exceedance of the

applicable emission limitations in this division and the monitoring system performance. All reports must be postmarked or received by the

30th day following the end of each calendar semiannual period. Written reports must include the following information:

(1) the magnitude of excess emissions computed in accordance with 40 Code of Federal Regulations (CFR) §60.13(h), any conversion factors used, the date and time of commencement and completion of each time period of excess emissions, and the unit operating time during the reporting period. For stationary gas turbines using

steam-to-fuel or water-to-fuel ratio monitoring to demonstrate compliance in accordance with §117.1340 of this title, excess emissions are computed as each one-hour period that the hourly steam-to-fuel or water-to-fuel ratio is less than the ratio determined to result in compliance during the initial demonstration of compliance test required by

§117.1335 of this title;

(2) specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the

affected unit, the[. The] nature and cause of any malfunction (if known)

and the corrective action taken or preventative measures adopted; (3) the date and time identifying each period when [that]

the continuous monitoring system was inoperative, except for zero and

span checks and the nature of the system repairs or adjustments;

(4) when no excess emissions have occurred or the continuous monitoring system has not been inoperative, repaired, or adjusted,

such information must be stated in the report; and

(5) if the total duration of excess emissions for the reporting period is less than 1.0% of the total unit operating time for the reporting period and the CEMS, PEMS, or steam-to-fuel or water-to-fuel

ratio monitoring system downtime for the reporting period is less than

5.0% of the total unit operating time for the reporting period, only a

summary report form (as outlined in the latest edition of the commission's Guidance for Preparation of Summary, Excess Emission, and

Continuous Monitoring System Reports) must be submitted, unless otherwise requested by the executive director. If the total duration of

excess emissions for the reporting period is greater than or equal to

1.0% of the total unit operating time for the reporting period or the

CEMS, PEMS, or steam-to-fuel or water-to-fuel ratio monitoring system downtime for the reporting period is greater than or equal to 5.0%

of the total unit operating time for the reporting period, a summary report and an excess emission report must both be submitted.

(e) Recordkeeping. The owner or operator of a unit subject

to the requirements of this division shall maintain records of the data

specified in this subsection. Records must be kept for a period of at least

five years and made available for inspection by the executive director,

United States Environmental Protection Agency, or local air pollution

control agencies having jurisdiction upon request. Operating records

for each unit must be recorded and maintained at a frequency equal

to the applicable emission specification averaging period, or for units

claimed exempt from the emission specifications based on low annual

capacity factor, monthly. Records must include:

(1) emission rates in units of the applicable standards;

(2) gross energy production in MW-hr (not applicable to

auxiliary steam boilers), except as specified in paragraph (8) of this

subsection;

(3) quantity and type of each fuel burned;

(4) the injection rate of reactant chemicals (if applicable);

[and]

(5) emission monitoring data, in accordance with

§117.1340 of this title, including:

(A) the date, time, and duration of any malfunction

in the operation of the monitoring system, except for zero and span

checks, if applicable, and a description of system repairs and adjustments undertaken during each period;

(B) the results of initial certification testing, evaluations, calibrations, checks, adjustments, and maintenance of CEMS,

PEMS, or operating parameter monitoring systems; and

(C) actual emissions or operating parameter measurements, as applicable;

(6) the results of performance testing, including initial

demonstration of compliance testing conducted in accordance with

§117.1335 of this title;

(7) records of hours of operation;

(8) for any unit that the owner or operator elects to comply

with the output-based emission specification in §117.1310(a)(1)(C) of

this title (relating to Emission Specifications for Eight-Hour Attainment Demonstration):



## 39 TexReg 10378 December 26, 2014 Texas Register

## ♦ ♦ ♦ (A) hourly records of the gross energy production in

MW-hr;

(B) records of hourly and annual average nitrogen oxides (NO

X ) [NO

X ] emissions in pounds per megawatt-hour (lb/MW-hr);

and

(C) the averaging period for the annual average NO

emissions X in lb/MW-hr, for demonstrating continuous compliance is

from January 1 through December 31 of each calendar year, beginning

on January 1, 2010; and

(9) for any unit that the owner or operator elects to comply

with the system-wide heat input weighted average emission specification in §117.1310(a)(1)(D) of this title:

(A) hourly records of average NO emissions in pounds

per units X million thermal British (lb/MMBtu) for each utility boiler in

the system;

(B) hourly records of average heat input in million

British thermal units per hour (MMBtu/hr) for each utility boiler in

the system;

(C) hourly records of system-wide heat input weighted

[weight] average NO

X emissions in lb/MMBtu; and

(D) hourly records of the rolling 168-hour average

of the system-wide heat input weighted average NO

lb/MMBtu. X emissions in

§117.1350. Initial Control Plan Procedures.

(a) The owner or operator of any unit at a major source of nitrogen oxides (NO

X ) in the Dallas-Fort Worth eight-hour ozone nonattainment area that is subject to §117.1310 of this title (relating to Emission

Specifications for Eight-Hour Attainment Demonstration) shall submit

an initial control plan. The control plan must include:

(1) a list of all combustion units at the account that are

listed in §117.1310 of this title. The list must include for each unit:

(A) the maximum rated capacity;

(B) anticipated annual capacity factor;

(C) estimated or measured NO

X emission data in the

units associated with the category of equipment from §117.1310 of this

title;

(D) the method of determination for the NO

X emission

data required by subparagraph (C) of this paragraph;

(E) the facility identification number and emission

point number as submitted to the [Industrial] Emissions Assessment

Section of the commission; and

(F) the emission point number as listed on the Maximum Allowable Emissions Rate Table of any applicable commission

permit;

(2) identification of all units with a claimed exemption

from the emission specifications of §117.1310 of this title and the rule

basis for the claimed exemption;

(3) a list of units to be controlled and the type of control

to be applied for all such units, including an anticipated construction

schedule;

(4) for units required to install totalizing fuel flow meters in

accordance with §117.1340 of this title (relating to Continuous Demonstration of Compliance), indication of whether the devices are currently

in operation, and if so, whether they have been installed as a result of

the requirements of this chapter; and (5) for units required to install continuous emissions monitoring systems or predictive emissions monitoring systems in accordance with §117.1340 of this title, indication of whether the devices

are currently in operation, and if so, whether they have been installed

as a result of the requirements of this chapter.

(b) The initial control plan must be submitted to the Office

of Compliance and Enforcement, the appropriate regional office, and

the [Chief Engineer's] Office of Air by the applicable date specified

for initial control plans in §117.9130 of this title (relating to Compliance Schedule for Dallas-Fort Worth Eight-Hour Ozone Nonattainment

Area Utility Electric Generation Sources).

[(c) For units located in Dallas, Denton, Collin, and Tarrant

Counties subject to §117.1110 of this title (relating to Emission Specifications for Attainment Demonstration), the owner or operator may

elect to submit the most recent revision of the final control plan required

by §117.1154 of this title (relating to Final Control Plan Procedures for

Attainment Demonstration Emission Specifications) in lieu of the initial control plan required by subsection (a) of this section.]

§117.1354. Final Control Plan Procedures for Attainment Demonstration Emission Specifications.

(a) The owner or operator of utility boilers listed in §117.1300

of this title (relating to Applicability) at a major source of nitrogen

oxides (NO

X ) shall submit to the Office of Compliance and Enforcement, the appropriate regional office, and the [Chief Engineer's] Office of Air, a final control report to show compliance with the requirements of §117.1310 of this title (relating to Emission Specifications for

Eight-Hour Attainment Demonstration). The report must include:

(1) the methods of NO

X control for each utility boiler;

(2) the emissions measured by testing required in

§117.1335 of this title (relating to Initial Demonstration of Compliance);

(3) the submittal date, and whether sent to the central

[Austin] or the regional office (or both), of any compliance stack test

report or monitor certification [relative accuracy test audit] report

required by §117.1335 of this title that is not being submitted concurrently with the final compliance report; and

(4) the specific rule citation for any utility boiler with a

claimed exemption from the emission specification of §117.1310 of

this title.

(b) The report must be submitted by the applicable date specified for final control plans in §117.9130 of this title (relating to Compliance Schedule Dallas-Fort Worth Eight-Hour Ozone Nonattainment

Area Utility Electric Generation Sources).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority

to adopt.

Filed with the Office of the Secretary of State on December 12,

2014.

TRD-201405985

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: January 25, 2015

For further information, please call: (512) 239-2613



## PROPOSED RULES December 26, 2014 39 TexReg 10379

## ♦ ♦ ♦ SUBCHAPTER G. GENERAL MONITORING

AND TESTING REQUIREMENTS

DIVISION 1. COMPLIANCE STACK TESTING

AND REPORT REQUIREMENTS

30 TAC §117.8000

Statutory Authority

The amended section is proposed under Texas Water Code

(TWC), §5.102, concerning General Powers, that provides the

commission with the general powers to carry out its duties under

the TWC; TWC, §5.103, concerning Rules, that authorizes the

commission to adopt rules necessary to carry out its powers

and duties under the TWC; TWC, §5.105, concerning General

Policy, that authorizes the commission by rule to establish

and approve all general policy of the commission; and under

Texas Health and Safety Code (THSC), §382.017, concerning

Rules, that authorizes the commission to adopt rules consistent

with the policy and purposes of the Texas Clean Air Act. The

amended section is also proposed under THSC, §382.002, con

cerning Policy and Purpose, that establishes the commission's

purpose to safeguard the state's air resources, consistent with

the protection of public health, general welfare, and physical

property; THSC, §382.011, concerning General Powers and

Duties, that authorizes the commission to control the quality

of the state's air; and THSC, §382.012, concerning State Air

Control Plan, that authorizes the commission to prepare and

develop a general, comprehensive plan for the proper control

of the state's air. The amended section is also proposed under

THSC, §382.016, concerning Monitoring Requirements; Exami

nation of Records, that authorizes the commission to prescribe

reasonable requirements for the measuring and monitoring of air

contaminant emissions. The amended section is also proposed

under Federal Clean Air Act (FCAA), 42 United States Code

(USC), §§7401, et seq., which requires states to submit state

implementation plan revisions that specify the manner in which

the National Ambient Air Quality Standards will be achieved and

maintained within each air quality control region of the state.

The amended section implements THSC, §§382.002, 382.011,

382.012, 382.016, and 382.017; and FCAA, 42 USC, §§7401 et

seq.

§117.8000. Stack Testing Requirements.

(a) When required by this chapter, the owner or operator of a

unit subject to this chapter shall conduct testing according to the requirements of this section.

(b) The unit must be operated at the maximum rated capacity,

or as near as practicable. Compliance must be determined by the average of three one-hour emission test runs. Shorter test times may be

used if approved by the executive director.

(c) Testing must be performed using the following test methods:

(1) Test Method 7E or 20 (40 Code of Federal Regulations

(CFR), Part 60, Appendix A) for nitrogen oxides (NO

X );

(2) Test Method 10, 10A, or 10B (40 CFR Part 60, Appendix A) for carbon monoxide (CO);

(3) Test Method 3A or 20 (40 CFR Part 60, Appendix A)

for oxygen (O

2 );

(4) for units that inject ammonia or urea to control NO

emissions, X the Phenol-Nitroprusside Method, the Indophenol Method, or the United States Environmental Protection Agency Conditional

Test Method 27 for ammonia;

(5) Test Method 2 (40 CFR Part 60, Appendix A) for

exhaust gas flow and following the measurement site criteria of Test

Method 1, §11.1 (40 CFR Part 60, Appendix A), or Test Method 19

(40 CFR Part 60, Appendix A) for exhaust gas flow in conjunction

with the measurement site criteria of Performance Specification 2,

§8.1.3 (40 CFR Part 60, Appendix B); or

(6) American Society for Testing and Materials (ASTM)

Method D1945-91 or ASTM Method D3588-93 for fuel composition;

ASTM Method D1826-88 or ASTM Method D3588-91 for calorific

value; or alternate methods as approved by the executive director and

the United States Environmental Protection Agency.

(d) United States Environmental Protection Agency-approved

alternate test methods or minor modifications to the test methods specified in subsection (c) of this section may be used, as approved by the

executive director, as long as the minor modifications meet the following conditions:

(1) the change does not affect the stringency of the applicable emission specification;

(2) the change affects only a single source or facility application.

(e) An owner or operator that chooses to install or relocate a

boiler or process heater temporarily at an account for less than 60 consecutive calendar days may substitute the following in lieu of the requirements of subsections (b) - (d) of this section for stack testing required by this chapter. For the purposes of this subsection, the term

"relocate" means to newly install at an account, as defined in §101.1 of

this title (relating to Definitions), a boiler or process heater from anywhere outside of that account.

(1) The owner or operator may use the results of previous

testing conducted on the same boiler or process heater conducted according to subsections (b) - (d) of this section or a manufacturer's guarantee of performance. If previous testing is used, the owner or operator of the site temporarily installing the boiler or process heater shall

maintain a record of the previous test report as specified by the recordkeeping requirements under this chapter applicable to the site.

(2) The owner or operator shall physically remove the

boiler or process heater from the account no later than 60 consecutive

calendar days after the unit was installed at the account or comply

with the testing requirements as specified in subsections (b) - (d) of

this section.

(3) Extensions to the 60 consecutive calendar days limitation of this subsection will not be provided.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority

to adopt.

Filed with the Office of the Secretary of State on December 12,

2014.

TRD-201405987

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: January 25, 2015

For further information, please call: (512) 239-2613



## 39 TexReg 10380 December 26, 2014 Texas Register

## ♦ ♦ ♦ SUBCHAPTER H. ADMINISTRATIVE

PROVISIONS

DIVISION 1. COMPLIANCE SCHEDULES

30 TAC §117.9010, §117.9110

(Editor's note: The text of the following sections proposed for repeal

will not be published. The sections may be examined in the offices of the

Texas Commission on Environmental Quality or in the Texas Register

office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

Statutory Authority

The repealed sections are proposed under Texas Water Code

(TWC), §5.102, concerning General Powers, that provides the

commission with the general powers to carry out its duties un

der the TWC; TWC, §5.103, concerning Rules, that authorizes

the commission to adopt rules necessary to carry out its powers

and duties under the TWC; TWC, §5.105, concerning General

Policy, that authorizes the commission by rule to establish and

approve all general policy of the commission; and under Texas

Health and Safety Code (THSC), §382.017, concerning Rules,

that authorizes the commission to adopt rules consistent with the

policy and purposes of the Texas Clean Air Act. The repealed

sections are also proposed under THSC, §382.002, concerning

Policy and Purpose, that establishes the commission's purpose

to safeguard the state's air resources, consistent with the pro

tection of public health, general welfare, and physical property;

THSC, §382.011, concerning General Powers and Duties, that

authorizes the commission to control the quality of the state's air;

and THSC, §382.012, concerning State Air Control Plan, that

authorizes the commission to prepare and develop a general,

comprehensive plan for the proper control of the state's air. The

repealed sections are also proposed under THSC, §382.016,

concerning Monitoring Requirements; Examination of Records,

that authorizes the commission to prescribe reasonable require

ments for the measuring and monitoring of air contaminant emis

sions. The repealed sections are also proposed under Federal

Clean Air Act (FCAA), 42 United States Code (USC), §§7401, et

seq., which requires states to submit state implementation plan

revisions that specify the manner in which the National Ambi

ent Air Quality Standards will be achieved and maintained within

each air quality control region of the state.

The repealed sections implement THSC, §§382.002, 382.011,

382.012, 382.016, and 382.017; and FCAA, 42 USC, §§7401 et

seq.

§117.9010. Compliance Schedule for Dallas-Fort Worth Ozone

Nonattainment Area Major Sources.

§117.9110. Compliance Schedule for Dallas-Fort Worth Ozone

Nonattainment Area Utility Electric Generation Sources.

The agency certifies that legal counsel has reviewed the pro

posal and found it to be within the state agency's legal authority

to adopt.

Filed with the Office of the Secretary of State on December 12,

2014.

TRD-201405988

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: January 25, 2015

For further information, please call: (512) 239-2613 

### 30 TAC §117.9030, §117.9130

Statutory Authority

The amended sections are proposed under Texas Water Code

(TWC), §5.102, concerning General Powers, that provides the

commission with the general powers to carry out its duties un

der the TWC; TWC, §5.103, concerning Rules, that authorizes

the commission to adopt rules necessary to carry out its powers

and duties under the TWC; TWC, §5.105, concerning General

Policy, that authorizes the commission by rule to establish and

approve all general policy of the commission; and under Texas

Health and Safety Code (THSC), §382.017, concerning Rules,

that authorizes the commission to adopt rules consistent with the

policy and purposes of the Texas Clean Air Act. The amended

sections are also proposed under THSC, §382.002, concerning

Policy and Purpose, that establishes the commission's purpose

to safeguard the state's air resources, consistent with the pro

tection of public health, general welfare, and physical property;

THSC, §382.011, concerning General Powers and Duties, that

authorizes the commission to control the quality of the state's air;

and THSC, §382.012, concerning State Air Control Plan, that

authorizes the commission to prepare and develop a general,

comprehensive plan for the proper control of the state's air. The

amended sections are also proposed under THSC, §382.016,

concerning Monitoring Requirements; Examination of Records,

that authorizes the commission to prescribe reasonable require

ments for the measuring and monitoring of air contaminant emis

sions. The amended sections are also proposed under Federal

Clean Air Act (FCAA), 42 United States Code (USC), §§7401, et

seq., which requires states to submit state implementation plan

revisions that specify the manner in which the National Ambi

ent Air Quality Standards will be achieved and maintained within

each air quality control region of the state.

The amended sections implement THSC, §§382.002, 382.011,

382.012, 382.016, and 382.017; and FCAA, 42 USC, §§7401 et

seq.

§117.9030. Compliance Schedule for Dallas-Fort Worth Eight-Hour

Ozone Nonattainment Area Major Sources.

(a) Reasonably available control technology emission specifi

cations.

(1) The owner or operator of any stationary source of nitro

gen oxides (NO

X ) in the Dallas-Fort Worth eight-hour ozone nonattain

ment area that is a major source of NO

X and is subject to §117.405(a)

or (b) of this title (relating to Emission Specifications for Reasonably

Available Control Technology (RACT)) shall comply with the require

ments of Subchapter B, Division 4 of this chapter (relating to Dal

las-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources)

as follows:

(A) submit the initial control plan required by §117.450

of this title (relating to Initial Control Plan Procedures) no later than

June 1, 2016; and

(B) for units subject to the emission specifications of

§117.405(a) or (b) of this title, comply with all other requirements of

Subchapter B, Division 4 of this chapter as soon as practicable, but no

later than January 1, 2017; and

(2) The owner or operator of any stationary source of NO

X that becomes subject to the requirements of §117.405 of this title on

or after the applicable compliance date specified in paragraph (1) of

this subsection, shall comply with the requirements of Subchapter B,



## PROPOSED RULES December 26, 2014 39 TexReg 10381Division 4 of this chapter as soon as practicable, but no later than 60

days after becoming subject.

(3) Upon the date the commission publishes notice in the

Texas Register that Wise County is no longer designated nonattain

ment for the 2008 Eight-Hour Ozone National Ambient Air Quality

Standard, the owner or operator of a unit located at a major stationary

source of NO

X located in Wise County is not required to comply with

the requirements of Subchapter B, Division 4 of this chapter.

[(a) Increment of progress emission specifications. The owner

or operator of any stationary, reciprocating internal combustion engine

subject to §117.410(a) of this title (relating to Emission Specifications

for Eight-Hour Attainment Demonstration) shall comply with the re

quirements of §117.410(a) of this title as soon as practicable, but no

later than June 15, 2007 (the final compliance date). The owner or op

erator shall:]

[(1) install all nitrogen oxides (NO

X ) abatement equipment

and implement all NO

X control techniques no later than June 15, 2007;

and]

[(2) submit to the executive director:]

[(A) for units operating without a continuous emissions

monitoring system (CEMS) or predictive emissions monitoring sys

tem (PEMS), the results of applicable tests for initial demonstration

of compliance as specified in §117.435 of this title (relating to Initial

Demonstration of Compliance) as early as practicable, but in no case

later than June 15, 2007;]

[(B) for units operating with a CEMS or PEMS in ac

cordance with §117.440 of this title (relating to Continuous Demon

stration of Compliance), the results of:]

[(i) the applicable CEMS or PEMS perfo r

mance evaluation and quality assurance procedures as specified in

§117.8100(a)(1)(A) and (B) and (b)(2) - (4)(A) of this title (relating to

Emission Monitoring System Requirements for Industrial, Comme r

cial, and Institutional Sources);]

[(ii) the applicable tests for the initial demonstration

of compliance as specified in §117.435 of this title; and]

[(iii) no later than:]

[(I) June 15, 2007, for units complying with the

NO

X emission limit on an hourly average; and]

[(II) June 15, 2007, for units complying with the

NO

X emission limit on a rolling 30-day average;]

[(C) a final control plan for compliance in accordance

with §117.454 of this title (relating to Final Control Plan Procedures

for Attainment Demonstration Emission Specifications), no later than

January 1, 2008; and]

[(D) the first semiannual report required by §117.445(d)

or (e) of this title (relating to Notification, Recordkeeping, and Report

ing Requirements), covering the period June 15, 2007, through December 31, 2007, no later than January 31, 2008.]

(b) Eight-hour ozone attainment demonstration emission specifications.

(1) The owner or operator of any stationary source of NO

in X

the Dallas-Fort Worth eight-hour ozone nonattainment area that is a major source of NO

X and is subject to §117.410(a) [§117.410(b)] of this

title (relating to Emission Specifications for Eight-Hour Attainment

Demonstration) shall comply with the requirements of Subchapter B,

Division 4 of this chapter [(relating to Dallas-Fort Worth Eight-Hour

Ozone Nonattainment Area Major Sources)] as follows: (A) submit the initial control plan required by §117.450

of this title [(relating to Initial Control Plan Procedures)] no later than

June 1, 2008; and

(B) for units subject to the emission specifications of

§117.410(a) [§117.410(b)] of this title, comply with all other requirements of Subchapter B, Division 4 of this chapter as soon as practicable,

but no later than:

(i) March 1, 2009, for units subject to

§117.410(a)(1) [§117.410(b)(1)], (2), (4), (5), (6), (7)(A), (8), (10),

and (14) of this title;

(ii) March 1, 2010, for units subject to

§117.410(a)(3) [§117.410(b)(3)], (7)(B), (9), (11), (12), and (13) of

this title;

(C) for diesel and dual-fuel engines, comply with

the restriction on hours of operation for maintenance or testing in

§117.410(f) [§117.410(g)] of this title, and associated recordkeeping

in §117.445(f)(9) of this title (relating to Notification, Recordkeeping,

and Reporting Requirements), as soon as practicable, but no later than

March 1, 2009; and

(D) for any stationary gas turbine or stationary internal combustion engine claimed exempt using the exemption of

§117.403(a)(7)(D), (8), or (9) of this title (relating to Exemptions),

comply with the run time meter requirements of §117.440(i) of this

title (relating to Continuous Demonstration of Compliance), and

recordkeeping requirements of §117.445(f)(4) of this title, as soon as practicable, but no later than March 1, 2009.

(2) The owner or operator of any stationary source of NO

that becomes subject X to the requirements of Subchapter B, Division 4

of this chapter on or after the applicable compliance date specified in

paragraph (1) of this subsection, shall comply with the requirements of

Subchapter B, Division 4 of this chapter as soon as practicable, but no

later than 60 days after becoming subject.

§117.9130. Compliance Schedule for Dallas-Fort Worth Eight-Hour

Ozone Nonattainment Area Utility Electric Generation Sources.

(a) Except as specified in subsection (b) of this section, the

[The] owner or operator of each electric utility in Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, or Tarrant County [the

Dallas-Fort Worth eight-hour ozone nonattainment area] shall comply

with the requirements of Subchapter C, Division 4 of this chapter (relating to Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Utility Electric Generation Sources) as soon as practicable, but no later than

as follows:

(1) submit the initial control plan required by §117.1350 of

this title (relating to Initial Control Plan Procedures) no later than June

1, 2008; and

(2) comply with all other requirements of Subchapter C,

Division 4 of this chapter as soon as practicable, but no later than March

1, 2009.

(b) The owner or operator of each auxiliary steam boiler or stationary gas turbine placed into service after November 15, 1992 in

Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, or

Tarrant County shall comply with the requirements of Subchapter C,

Division 4 of this chapter as soon as practicable, but no later than as

follows:

(1) submit the initial control plan required by §117.1350 of

this title no later than June 1, 2016; and



## 39 TexReg 10382 December 26, 2014 Texas Register

## ♦ ♦ ♦ (2) comply with all other requirements of Subchapter C,

Division 4 of this chapter as soon as practicable, but no later than January 1, 2017.

(c) The owner or operator of each electric utility in Wise

County shall comply with the requirements of Subchapter C, Division

4 of this chapter as soon as practicable, but no later than as follows:

(1) submit the initial control plan required by §117.1350 of

this title no later than June 1, 2016; and

(2) comply with all other requirements of Subchapter C,

Division 4 of this chapter as soon as practicable, but no later than January 1, 2017.

(d) [(b)] The owner or operator of each electric utility [any

unit] in the Dallas-Fort Worth eight-hour ozone nonattainment area of

nitrogen oxides that becomes subject to the requirements of Subchapter

C, Division 4 of this chapter on or after the applicable compliance date

specified in subsection (a), (b), or (c) of this section [March 1, 2009],

shall comply with the requirements of Subchapter C, Division 4 of this

chapter as soon as practicable, but no later than 60 days after becoming

subject.

(e) Upon the date the commission publishes notice in the Texas

Register that Wise County is no longer designated nonattainment for

the 2008 Eight-Hour Ozone National Ambient Air Quality Standard,

the owner or operator of an electric utility located in Wise County is

not required to comply with the requirements of Subchapter C, Division

4 of this chapter.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority

to adopt.

Filed with the Office of the Secretary of State on December 12,

2014.

TRD-201405996

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: January 25, 2015

For further information, please call: (512) 239-2613



## DIVISION 2. COMPLIANCE FLEXIBILITY

30 TAC §117.9800, §117.9810

Statutory Authority

The amended sections are proposed under Texas Water Code

(TWC), §5.102, concerning General Powers, that provides the

commission with the general powers to carry out its duties un

der the TWC; TWC, §5.103, concerning Rules, that authorizes

the commission to adopt rules necessary to carry out its powers

and duties under the TWC; TWC, §5.105, concerning General

Policy, that authorizes the commission by rule to establish and

approve all general policy of the commission; and under Texas

Health and Safety Code (THSC), §382.017, concerning Rules,

that authorizes the commission to adopt rules consistent with the

policy and purposes of the Texas Clean Air Act. The amended

sections are also proposed under THSC, §382.002, concerning

Policy and Purpose, that establishes the commission's purpose

to safeguard the state's air resources, consistent with the pro

tection of public health, general welfare, and physical property; THSC, §382.011, concerning General Powers and Duties, that

authorizes the commission to control the quality of the state's air;

and THSC, §382.012, concerning State Air Control Plan, that

authorizes the commission to prepare and develop a general,

comprehensive plan for the proper control of the state's air. The

amended sections are also proposed under THSC, §382.016,

concerning Monitoring Requirements; Examination of Records,

that authorizes the commission to prescribe reasonable require

ments for the measuring and monitoring of air contaminant emis

sions. The amended sections are also proposed under Federal

Clean Air Act (FCAA), 42 United States Code (USC), §§7401, et

seq., which requires states to submit state implementation plan

revisions that specify the manner in which the National Ambi

ent Air Quality Standards will be achieved and maintained within

each air quality control region of the state.

The amended sections implement THSC, §§382.002, 382.011,

382.012, 382.016, and 382.017; and FCAA, 42 USC, §§7401 et

seq.

§117.9800. Use of Emission Credits for Compliance.

(a) An owner or operator of a unit not subject to Chapter 101,

Subchapter H, Division 3 of this title (relating to Mass Emissions Cap

and Trade Program) may meet emission control requirements of the

sections specified in paragraphs (1) - (8) of this subsection, in whole

or in part, by obtaining an emission reduction credit (ERC), mobile

emission reduction credit (MERC), discrete emission reduction credit

(DERC), or mobile discrete emission reduction credit (MDERC) in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title

(relating to Emission Credit Banking and Trading; and Discrete Emission Credit Banking and Trading), unless there are federal or state regulations or permits under the same commission account number that

contain a condition or conditions precluding such use:

(1) §§117.105, 117.405, or [117.205, 117.305,] 117.1005[,

117.1105, or 117.1205] of this title (relating to Emission Specifications

for Reasonably Available Control Technology (RACT));

(2) §117.110 or §117.1010 [§§117.110, 117.210, 117.1010,

or 117.1110] of this title (relating to Emission Specifications for Attainment Demonstration);

(3) §117.1015 [§§117.1015, 117.1115, or 117.1215] of this

title (relating to Alternative System-Wide Emission Specifications);

(4) §117.115 [§§117.115, 117.215, or 117.315] of this title

(relating to Alternative Plant-Wide Emission Specifications);

(5) §§117.123, [117.223, 117.323,] 117.423, or 117.3120

[§117.3120] of this title (relating to Source Cap);

(6) §§117.2010, 117.3010, or 117.3110 of this title (relating

to Emission Specifications);

(7) §§117.410, 117.1310, 117.2110, or 117.3310 of this

title (relating to Emission Specifications for Eight-Hour Attainment

Demonstration); or

(8) §117.3123 of this title (relating to Dallas-Fort Worth

Eight-Hour Ozone Attainment Demonstration Control Requirements).

(b) An owner or operator of a unit subject to §§117.320,

117.1020, [117.1120,] 117.1220, or 117.3020 of this title (relating to

System Cap) may meet the emission control requirements of these

sections in whole or in part, by complying with the requirements of

Chapter 101, Subchapter H, Division 1 or 4 of this title, by obtaining

an ERC, MERC, DERC, or MDERC, unless there are federal or state

regulations or permits under the same commission account number

that contain a condition or conditions precluding such use.



## PROPOSED RULES December 26, 2014 39 TexReg 10383(c) For the purposes of this section, the term "reduction credit

(RC)" refers to an ERC, MERC, DERC, or MDERC, whichever is applicable.

(d) Any lower nitrogen oxides (NO ) emission specification

established under this chapter for X the unit or units using RCs requires

the user of the RCs to obtain additional RCs in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title and/or otherwise

reduce emissions prior to the effective date of such rule change. For

units using RCs in accordance with this section that are subject to new,

more stringent rule limitations, the owner or operator using the RCs

shall submit a revised final control plan to the executive director in

accordance with §§117.156, [117.256,] 117.356, 117.456, 117.1056,

[117.1156,] 117.1256, and 117.1356 of this title (relating to Revision

of Final Control Plan) to revise the basis for compliance with the emission specifications of this chapter. The owner or operator using the RCs

shall submit the revised final control plan as soon as practicable, but no

later than 90 days prior to the effective date of the new, more stringent

rule. The owner or operator of the unit(s) currently using RCs shall

calculate the necessary emission reductions per unit as follows.

Figure: 30 TAC §117.9800(d) (No change.)

§117.9810. Use of Emission Reductions Generated from the Texas

Emissions Reduction Plan (TERP).

(a) An owner or operator of a unit located in the Dallas-Fort

Worth eight-hour ozone nonattainment area or in the Houston-Galveston-Brazoria ozone nonattainment area that is not subject to Chapter

101, Subchapter H, Division 3 of this title (relating to Mass Emissions

Cap and Trade Program) may meet emission control requirements of

the sections specified in paragraphs (1) and (2) [(1) - (6)] of this subsection, by obtaining emission reductions generated from the TERP as specified in subsection (b) of this section:

(1) §117.405 [§§117.205, 117.305, 117.1105, or 117.1205]

of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT));

[(2) §117.210 or §117.1110 of this title (relating to Emission Specifications for Attainment Demonstration);]

[(3) §117.215 or §117.315 of this title (relating to Alternative Plant-Wide Emission Specifications);]

[(4) §117.1120 of this title (relating to System Cap);]

[(5) §117.223 or §117.323 of this title (relating to Source

Cap); or]

(2) [(6)] §117.410 or §117.1310 of this title (relating to

Emission Specifications for Eight-Hour Attainment Demonstration).

(b) An owner or operator may obtain emission reductions generated from TERP, as provided in subsection (a) of this section, if:

(1) the owner or operator of the site as defined in §122.10

of this title (relating to General Definitions) contributes to the TERP

fund, $75,000 per ton of nitrogen oxides emissions used, not to exceed

25 tons per year or 0.5 tons per day on a site-wide basis;

(2) the owner or operator of the site demonstrates to the

executive director that the site will be in full compliance with the applicable emission reduction requirements of this chapter no later than

the fifth anniversary of the date that the emission reductions would otherwise be required;

(3) emissions from the site are reduced by at least 80% of

the required reductions;

(4) the reductions accomplished under the TERP have not

been previously used to meet reduction requirements under a state implementation plan attainment demonstration; (5)

in the same nonattainment area that they are generated; and

(6) the executive director approves a petition submitted by

the owner or operator of the site that demonstrates that it is technically

infeasible to comply with applicable emission reduction requirements

of this chapter above 80% of the required reductions. When considering technical infeasibility the executive director may consider, but will

not be limited to:

(A) current technology;

(B) adaptability of technology to a particular source;

(C) age and projected useful life of a source; and

(D) cost benefits at the time of application.

(c) The emissions reductions funded under the TERP, and used

to offset commission requirements, must be used to benefit the community where the site using the emissions reductions is located. If there

are no eligible emissions reduction projects within the community, the

commission may authorize projects in an adjacent community. For

purposes of this section, a community means a Justice of the Peace

precinct.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority

to adopt.

Filed with the Office of the Secretary of State on December 12,

2014.

TRD-201405997

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: January 25, 2015

For further information, please call: (512) 239-2613



## ♦ ♦ ♦

TITLE 34. PUBLIC FINANCE



# PART 3. TEACHER RETIREMENT

SYSTEM OF TEXAS

CHAPTER 25. MEMBERSHIP CREDIT

SUBCHAPTER B. COMPENSATION

34 TAC §25.26

The Teacher Retirement System of Texas (TRS) proposes

amendments to §25.26 relating to annual compensation creditable for benefit calculation. Section 25.26 establishes how

TRS will determine a member's annual compensation for benefit

calculation purposes. The most basic requirement is that it is

the sum of 12 months of compensation paid from September 1

through August 31 for 12 months of work. This rule describes

the "standard" school year now used by TRS to determine

annual compensation and service credit.

TRS adopted recent amendments to §25.26 as published in the

December 12, 2014, issue of the Texas Register (39 TexReg

9705) and effective December 15, 2014 to minimize the impact

on annual compensation caused by the change to a standard

school year, which was enacted by the 83rd Legislature and codified at §821.001(15) of the Government Code. For salaries rethe reductions accomplished under the TERP are used



## 39 TexReg 10384 December 26, 2014 Texas Register

### Table 3.

Pounds of volatile

organic compounds

Adbesive Primer Application Processes per gallon adbesive

Motor Vehicle Glass-Bonding Primer 7.5

Plastic Solvent Welding Adhesive Primer 5.4

Single-Ply Roof Membrane Adhesive Primer 2.1

Other Adhesive Primer 2.1

Figure: 30 TAC 

### § 117.41 0(a)(7)(A)(ii)



## f(E; X 

### PRJ

E**,i~::!.l~** __ _ mg

- X



### LPR,**]~l**



### Where:

Eavg = 

### daily production rate weighted average nitrogen oxides (NOx) emission rate, pounds per ton

(lblton) of calcium oxide;

E j

= 

### daily average NO x emission rate for kiln i, Ib/ton 

### of calcium oxide;

i

= 

### each lime kiln at the site;

N

= 

### the total number of kilns at the site; and

PRj

= 

### production rate of calcium oxide for kiln i, tons/day.



## 39 TexReg 10536 December 26,2014 Texas Register

### Figure: 30 TAC 

### § I J 7 .423 (b)( 1)

.V

Cap30day 

## = 

# 2: (Hi X 

## R[ )

1=1



### Where:

Cap30day

= 

### the nitrogen oxides (NOx) 30-day rolling average emission cap in pounds per day;

i = 

### each emission unit in the emission cap;

N

= 

### the total number of emission units in the emission cap;

H;

= 

### for units subject to 

### § 117.405 of this title, the actual historical average of the daily heat input for

each unit included in the source cap, in million British thermal units per day (MMBtu/day), as

certified to the executive director, for a 24 consecutive month period between January 1,2012 and

December 31, 2013. For units subject to § 117.41 0 of this title, the actual historical average of the

daily heat input for each unit included in the source cap, in MMBtu/day, as certified to the executive

director, for a 24 consecutive month period between January 

### I, 2000, and Decem ber 31, 200 

### I. All

sources included in the source cap must use the same 24 consecutive month period. If sufficient

historical data are not available for this calculation, the executive director and the United States

Environmental Protection Agency may approve another method for calculating Hi; 

### and

Ri

= 

### the lowest of:

(i) 

### the applicable NO x emission specification of §1 17.405 or §117.410 of this title;

(ii) 

### any permit NOx emission limit for any unit subject to a permit issued in accordance with

Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or

Modification), in pounds per million British thermal units (lbIMMBtu), that applies to emission

unit 

### i in the absence of trading, in the Dallas-Fort Worth eight-hour ozone nonattainment area, in

effect on December 31, 2012, for units subject to 

### § 117 

### A05 of this title, and December 31, 2000,

for units subject to § 117 AlOof 

### this title; and

(iii) the actual emission rate as of the dates specified in clause (ii) ofthis figure. All calculations

of emission rates must presume that emission controls in effect on the dates specified in clause

(ii) of this figure are in effect tor the two-year period used in calculating the actual heat input.



## TABLES AND GRAPHICS December 26,2014 39 

## TexReg 10537

### Figure: 30 T AC § 117.423(b)( 4)



## C

. MRCxES

apleE 

### = 

## HRx(454xlo- 6 )

Where:

CaprCE == 

### source cap allowable emission rate in pounds per hour;

ES

= 

### emission specification in grams per horsepower-hour (g/hp-hr);

MRC

= 

### engine manufacturer's rated heat input in million British thermal units per hour; and

HR

= 

### engine manufacturer's rated heat rate at the engines horsepower (hp) rating, in British thermal units

per horsepower-hour.

Figure: 30 TAC 

### § 117.423(b)(5)

Where:

Cinstack == the nitrogen oxides (NOx) in-stack concentration in parts per million by volume (ppmv);

ANOX == the applicable NO x emission specification of § 117.405 or § 117.410 of this title

(expressed in parts per million by volume NOx at 15% oxygen 

### (0 2 ), 

### dry basis);

%H 2 

### 0

== 

### the volume percent of water in the stack gases, as calculated from the manufacturer's

data, or other data as approved by the executive director, at megawatt (MW) rating and

International Standards Organization (ISO) flow conditions;

%0 2 = 

### the volume percent of O 2 

### in the stack gases on a wet basis, as calculated from the

manufacturer's data or other data as approved by the executive director, at MW rating and ISO

conditions;

CapGT == 

### source cap allowable emission rate in pounds per hour; and

MF = 

### the turbine manufacturer's rated exhaust flow rate, in pounds per hour at MW rating and

ISO flow conditions.



## 39 TexReg 10538 December 26,2014 Texas Register