(a) The
owner or operator of a major NO
x emitting facility
subject to §
129.96 (relating to applicability)
that includes at least one air contamination source subject to a
NO
x RACT emission limitation in §
129.97 (relating to presumptive
RACT requirements, RACT emission limitations and petition for alternative
compliance schedule) that cannot meet the applicable NO
x
RACT emission limitation may elect to meet the applicable
NO
x RACT emission limitation in §
129.97 by averaging
NO
x emissions on either a facility-wide or system-wide
basis using a 30-day rolling average. System-wide emissions averaging must be
among sources under common control of the same owner or operator within the
same ozone nonattainment area in this Commonwealth.
(b) The owner or operator of each facility
that elects to comply with subsection (a) shall submit a written
NO
x emissions averaging plan to the Department or
appropriate approved local air pollution control agency as part of an
application for an operating permit modification or a plan approval, if
otherwise required. The application incorporating the requirements of this
section shall be submitted by the applicable date as follows:
(1) October 24, 2016, for a source subject to
§
129.96(a).
(2) October 24, 2016, or 6 months after the
date that the source meets the definition of a major NO
x
emitting facility, whichever is later, for a source subject to §
129.96(b).
(c) Each NO
x air
contamination source included in the application for an operating permit
modification or a plan approval, if otherwise required, for averaging
NO
x emissions on either a facility-wide or system-wide
basis using a 30-day rolling average submitted under subsection (b) must be an
air contamination source subject to a NO
x RACT emission
limitation in §
129.97.
(d) The application for the operating permit
modification or the plan approval, if otherwise required, for averaging
NO
x emissions on either a facility-wide or system-wide
basis using a 30-day rolling average submitted under subsection (b) must
demonstrate that the aggregate NO
x emissions emitted by
the air contamination sources included in the facility-wide or system-wide
NO
x emissions averaging plan using a 30-day rolling
average are not greater than the NO
x emissions that
would be emitted by the group of included sources if each source complied with
the applicable NO
x RACT emission limitation in §
129.97 on a source-specific
basis.
(e) The owner or operator
shall calculate the alternative facility-wide or system-wide
NO
x RACT emissions limitation using a 30-day rolling
average for the air contamination sources included in the application for the
operating permit modification or plan approval, if otherwise required,
submitted under subsection (b) by using the following equation to sum the
emissions for all of the sources included in the NO
x
emissions averaging plan:
Click to view image
Where:
Eiactual = The actual
NOx mass emissions, including emissions during
start-ups, shutdowns and malfunctions, for air contamination source i on a
30-day rolling basis.
Eiallowable = The allowable
NOx mass emissions computed using the allowable emission
rate limitations for air contamination source i on a 30-day rolling basis
specified in §
129.97. If an air contamination
source included in an averaging plan is subject to a numerical emission rate
limit that is more stringent than the applicable allowable emission rate
limitation in §
129.97, then the numerical
emission rate limit shall be used for the calculation of the allowable
NOx mass emissions.
n = The number of air contamination sources included in
the NOx emissions averaging plan.
(f) The application for the operating permit
modification or a plan approval, if otherwise required, specified in
subsections (b)-(e) may include facility-wide or system-wide
NOx emissions averaging using a 30-day rolling average
only for NOx emitting sources or
NOx emitting facilities that are owned or operated by
the applicant.
(g) The application
for the operating permit modification or a plan approval, if otherwise
required, specified in subsections (b)-(f) must include the following
information:
(1) Identification of each air
contamination source included in the NOx emissions
averaging plan.
(2) Each air
contamination source's applicable emission limitation in §
129.97.
(3) Methods for demonstrating compliance and
recordkeeping and reporting requirements in accordance with §
129.100 (relating to compliance
demonstration and recordkeeping requirements) for each source included in the
NO
x emissions averaging plan submitted under subsection
(b).
(h) An air
contamination source or facility included in the facility-wide or system-wide
NOx emissions averaging plan submitted in accordance
with subsections (b)-(g) may be included in only one facility-wide or
system-wide NOx emissions averaging plan.
(i) The Department or appropriate approved
local air pollution control agency will issue a modification to the operating
permit or a plan approval authorizing the NOx emissions
averaging plan.
(j) The owner or
operator of an air contamination source or facility included in the
facility-wide or system-wide NO
x emissions averaging
plan submitted in accordance with subsections (b)-(h) shall submit the reports
and records specified in subsection (g)(3) to the Department or appropriate
approved local air pollution control agency on the schedule specified in
subsection (g)(3) to demonstrate compliance with §
129.100.
(k) The owner or operator of an air
contamination source or facility included in a facility-wide or system-wide
NOx emissions averaging plan submitted in accordance
with subsections (b)-(h) that achieves emission reductions in accordance with
other emission limitations required under the act or the Clean Air Act, or
regulations adopted under the act or the Clean Air Act, that are not
NOx RACT emission limitations may not substitute those
emission reductions for the emission reductions required by the facility-wide
or system-wide NOx emissions averaging plan submitted to
the Department or appropriate approved local air pollution control agency under
subsection (b).
(l) The owner or
operator of an air contamination source subject to a NO
x
RACT emission limitation in §
129.97 that is not included in a
facility-wide or system-wide NO
x emissions averaging
plan submitted under subsection (b) shall operate the source in compliance with
the applicable NO
x RACT emission limitation in §
129.97.
(m) The owner and operator of the air
contamination sources included in a facility-wide or system-wide
NOx emissions averaging plan submitted under subsection
(b) shall be liable for a violation of an applicable NOx
RACT emission limitation at each source included in the
NOx emissions averaging plan.
