New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 227 - STATIONARY COMBUSTION INSTALLATIONS › Subpart 227-2 - Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx) › Section 227-2.5 - Compliance options

Current through Register Vol. 46, No. 28, July 10, 2024
With the exception of the compliance options described in
						subdivision (c) of this section, the compliance options established below do
						not involve case-by-case RACT determinations with the need to individually
						select an appropriate technology and/or alternative emission limit. As such,
						this option provides flexibility to any owner or operator of a major facility
						of NOx to meet the control requirements of section
						227-2.4  of
						this Subpart but is not of the type that require the additional approval of the
						administrator as a separate SIP revision.
(a)
Fuel switching option.
The owner or operator of an emission source subject to
						this Subpart may commit to burning a cleaner fuel, between May 1st and
						September 30th of each year. Fuel switching must result in quantifiable annual
						NOx emissions equal to or less than the
						NOx emissions expected if the emission source complied
						with the applicable presumptive RACT emission limits set forth in section
						227-2.4  of
						this Subpart.
(b)
System averaging plan.
The owner or operator of an emission source subject to
						this Subpart may apply to have the emission source included in a system
						averaging plan. Every system averaging plan must have the following
						characteristics:
(1) The system
					 averaging plan must employ a weighted average permissible emission
					 rate.
(2) Averaging of emissions
					 from sources within the severe ozone nonattainment area with those outside the
					 severe ozone nonattainment area is not allowed.
(3) In the event of a forced outage, the
					 weighted average permissible emission rate must be adjusted to account for the
					 emission source or major electrical inter-tie (345 kV or greater) not in
					 operation as a result of the forced outage. The adjusted emission rate will be
					 deemed in compliance for the period of the forced outage. In the event of a
					 forced outage, the facility owner or operator must, within 30 days thereafter,
					 submit a written report to the department which describes why the outage was
					 unavoidable and includes the following:
(i) a
					 contemporaneous operating log signed by the responsible official identifying
					 the location of the emission source which was subject to the forced outage and
					 the cause of such outage;
(ii) a
					 demonstration that the emission source was being properly operated at the time
					 the outage occurred;
(iii) a
					 demonstration that, during the outage, the facility owner or operator took all
					 reasonable steps to minimize emissions from the operating emission sources
					 included in the system averaging plan, or other requirements of the permit;
					 and
(iv) a proposed repair or
					 replacement schedule for the subject emission source or a proposed revised
					 system averaging plan.
(4) Every owner or operator of an emission
					 source participating in the system averaging plan is liable for any and all
					 violations of the provisions of this Subpart by any owner or operator of any
					 emission source participating in the system averaging plan.