West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-9 - Ozone season NO[X] reduction requirements for stationary internal combustion engines

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Ozone
				season NOX reduction. -- Effective May 1, 2009, the
				following owners or operators must reduce ozone season
				NOX emissions by an amount equal to or greater than the
				applicable ozone season NOX reduction listed in the
				table below. The applicable ozone season NOX reduction
				is binding on the listed owners or operators, their successors and assigns:
Company
Ozone Season NOX
							 Reduction
Dominion
668 tons
Columbia Gas Transmission
235 tons
Total
903 tons
9.2.
				Compliance plan. -- Effective May 1, 2009, an owner or operator of a large
				stationary internal combustion engine under subsection 4.2 must not operate
				such engine in the period May 1 through September 30 of 2009 and any subsequent
				year unless the owner or operator demonstrates the applicable ozone season
				NOX reduction under subsection 9.1 through the
				requirements of an approved compliance plan. The compliance plan shall meet the
				following provisions:
9.2.a.
				Reserved;
9.2.b.
				Reserved;
9.2.c. The compliance
				plan must demonstrate quantifiable and enforceable NOX
				emission reductions equal to or greater than the applicable ozone season
				NOX reduction set forth in subsection 9.1, taking into
				account any creditable reduction in NOX emissions under
				subdivisions 9.2.e, 9.2.f, 9.2.g, 9.2.h or 9.2.i;
9.2.d. The compliance plan may include and
				affect some or all stationary internal combustion engines or other significant
				NOX emitting equipment at an individual facility, at
				several facilities, or at all facilities in West Virginia that are controlled
				by the same owner or operator;
9.2.e. The compliance plan may include credit
				for reductions in NOX emissions due to the installation
				and operation of NOX control equipment on large
				stationary internal combustion engines under subsection 9.1. The owner or
				operator will demonstrate to the satisfaction of the Secretary any creditable
				reductions in NOX emissions from the installation and
				operation of such NOX control equipment. The credit for
				reductions in NOX emissions must be quantified based on
				the difference between uncontrolled and controlled NOX
				emission rates, and ozone season operating hours;
9.2.f. The compliance plan may include credit
				for reductions in NOX emissions due to the installation
				and operation of NOX control equipment on uncontrolled
				stationary internal combustion engines not under subsection 4.2. The owner or
				operator will demonstrate to the satisfaction of the Secretary any creditable
				reductions in NOX emissions from the installation and
				operation of such NOX control equipment. Creditable
				reductions must be limited to reductions achieved after 1995 and from controls
				that were not part of the NOX SIP Call engine inventory.
				The credit for reductions in NOX emissions must be
				quantified based on the difference between uncontrolled and controlled
				NOX emission rates, and ozone season operating
				hours;
9.2.g. The compliance plan
				may include credit for reductions in NOX emissions due
				to replacement of any stationary internal combustion engines or other
				significant NOX emitting equipment. The owner or
				operator will demonstrate to the satisfaction of the Secretary that the
				historic ozone season load capacity of any stationary internal combustion
				engine or other significant NOX emitting equipment no
				longer in operation has been or would be replaced by one or more new stationary
				internal combustion engines, electric motors or turbines during each ozone
				season. The credit for reductions in NOX emissions must
				be quantified based on the replaced engine's or other significant
				NOX emitting equipment's ozone season
				NOX emission rate and ozone season operating hours, and
				the projected emission rate and ozone season operating hours of any new
				replacement stationary internal combustion engines, electric motors or
				turbines;
9.2.h. The compliance
				plan may include credit for reductions in NOX emissions
				due to reductions from shifting historic load capacity from an uncontrolled
				engine to a controlled engine, electric motor or turbine. The owner or operator
				will demonstrate to the satisfaction of the Secretary that a quantifiable net
				reduction in NOX emissions has occurred or will occur
				due to a direct shift of ozone season load capacity from an uncontrolled engine
				to a controlled engine, electric motor or turbine. The credit for reductions in
				NOX emissions must be quantified based on the
				uncontrolled engine's historic ozone season load capacity,
				NOX emission rate (in g/bhp-hr), ozone season operating
				hours (in hr/ozone season), and the shifted ozone season load capacity,
				NOX emission rate (in g/bhp-hr) and ozone season
				operating hours (in hr/ozone season) of the controlled stationary internal
				combustion engine, electric motor or turbine;
9.2.i. The compliance plan may include credit
				for reductions in NOX emissions due to the installation
				and operation of NOX controls on significant
				NOX emitting equipment other than stationary internal
				combustion engines. The owner or operator will demonstrate to the satisfaction
				of the Secretary any creditable reductions in NOX
				emissions from such NOX emitting equipment. Creditable
				reductions must be limited to reductions achieved after 1995 and from controls
				that were not part of the NOX SIP Call inventory. The
				credit for reductions in NOX emissions must be
				quantified based on the difference between NOX emission
				rates prior to installation of controls and controlled
				NOX emission rates, and ozone season operating
				hours;
9.2.j. The compliance plan
				must include the following:
9.2.j.1. A list of
				affected engines or affected NOX emitting equipment
				subject to the plan, including the manufacturer, model number, facility
				location and facility identification number;
9.2.j.2. The projected ozone season hours of
				operation for each affected engine or affected NOX
				emitting equipment and supporting documentation;
9.2.j.3. A description of the
				NOX emission controls installed, or to be installed, on
				each affected engine or affected NOX emitting equipment,
				date or proposed date of installation, and documentation to support the
				controlled NOX emission rates;
9.2.j.4. The uncontrolled and controlled
				NOX emission rates in lb/hr and tons per ozone season
				for each affected engine or affected NOX emitting
				equipment, as applicable;
9.2.j.5.
				A numerical demonstration that the sum of creditable NOX
				emission reductions (in tons) obtained from all affected engines or affected
				NOX emitting equipment included under a compliance plan
				will be equivalent to or greater than the owner or operator's applicable ozone
				season NOX reduction under subsection 9.1, taking into
				account any creditable reductions in NOX emissions under
				subdivisions 9.2.e, 9.2.f, 9.2.g, 9.2.h or 9.2.i; and
9.2.j.6. Performance test protocol and
				provisions for periodic monitoring, reporting and recordkeeping for each
				affected engine or affected NOX emitting
				equipment.
9.2.k. Any
				creditable reductions in NOX emissions under
				subdivisions 9.2.e, 9.2.f, 9.2.g, 9.2.h or 9.2.i must be quantifiable and
				enforceable through limitations included in a federally enforceable permit or
				compliance order; and
9.2.l. Any
				owner or operator with an approved compliance plan under subsection 9.2 may
				amend the plan with the written approval of the Secretary. Any
				NOX emission rate or limitation included in such an
				amendment must be reflected in a federally enforceable permit or compliance
				order. The Secretary will either approve by order or disapprove in writing the
				amended compliance plan within 90 days of submission, and notify the
				Administrator of the compliance plan amendment approval upon issuance of
				order.