Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter E - MULTI-REGION COMBUSTION CONTROL › Division 2 - CEMENT KILNS › Section 117.3120 - Source Cap

Current through Reg. 49, No. 28; July 12, 2024
(a) As an
					 alternative to complying with the requirements of §
											117.3110
					 of this title (relating to Emission Specifications) in Bexar, Comal, Ellis,
					 Hays, and McLennan Counties, an owner or operator may reduce total nitrogen
					 oxides (NOX) emissions (in pounds per day (ppd)) from
					 all cement kilns at the account (including any cement kilns placed into service
					 on or after December 31, 1999) to at least 30% less than the total
					 NOX emissions (in ppd) from all cement kilns in the
					 account's 1996 emissions inventory (EI), on a 90-day rolling average basis. For
					 the purposes of this section, the 90-day rolling average is calculated as the
					 total of all the hourly emissions data for the preceding 90 days. For the
					 calendar year that includes the appropriate compliance date in §
											117.9320
					 of this title (relating to Compliance Schedule for Cement Kilns), only hourly
					 emissions data on or after that compliance date is included, such that the
					 first 90-day period ends 90 days after the appropriate compliance date in
					 §
											117.9320
					 of this title. A 90-day rolling average emission cap must be calculated using
					 the following equation.
Attached
						Graphic
(b) To
					 qualify for the source cap option available under this section, the owner or
					 operator shall submit an initial control plan to the executive director, the
					 appropriate regional office, and any local air pollution control program with
					 jurisdiction that demonstrates that the overall reduction of
					 NOX emissions from all cement kilns at the account will
					 be at least 30% from the 1996 baseline EI on a 90-day rolling average basis.
					 The plan must be submitted no later than December 31 of the year preceding the
					 appropriate compliance date in §
											117.9320
					 of this title. Each control plan must be approved by the executive director
					 before the owner or operator may use the source cap available under this
					 section for compliance. At a minimum, the control plan must include the
					 emission point number (EPN), facility identification number (FIN), and 1996
					 baseline EI NO X emissions (in ppd) from each cement
					 kiln at the account; a description of the control measures that have been or
					 will be implemented at each cement kiln; and an explanation of the
					 recordkeeping procedure and calculations that will be used to demonstrate
					 compliance.
(c) Beginning on March
					 31 of the year following the appropriate compliance date in §
											117.9320
					 of this title, the owner or operator shall submit an annual report no later
					 than March 31 of each year to the executive director, the appropriate regional
					 office, and any local air pollution control program with jurisdiction that
					 demonstrates that the overall reduction of NOX emissions
					 from all cement kilns at the account is at least 30% from the 1996 baseline EI
					 on a 90-day rolling average basis. At a minimum, the report must include the
					 EPN, FIN, and each 90-day rolling average NOX emissions
					 (in ppd) during the preceding calendar year for the cement kilns at the
					 account.
(d) All representations in
					 control plans and annual reports become enforceable conditions. The owner or
					 operator shall not vary from such representations if the variation will cause a
					 change in the identity of the specific cement kilns subject to this section or
					 the method of control of emissions unless the owner or operator submits a
					 revised control plan to the executive director, the appropriate regional
					 office, and any local air pollution control program with jurisdiction no later
					 than 30 days after the change. All control plans and reports must demonstrate
					 that the total NOX emissions (in ppd) from all cement
					 kilns at the account (including any cement kilns placed into service on or
					 after December 31, 1999) are being reduced to at least 30% less than the total
					 NO X emissions (in ppd) from all cement kilns in the
					 account's 1996 EI on a 90-day rolling average basis.
(e) The NOX emissions
					 monitoring required by §
											117.3140
					 of this title (relating to Continuous Demonstration of Compliance) for each
					 cement kiln in the source cap must be used to demonstrate continuous compliance
					 with the source cap.
(f) An owner
					 or operator may use §
											117.9800
					 of this title (relating to Use of Emission Credits for Compliance) to meet the
					 NO X emission control requirements of this section, in
					 whole or in part.