§ 52.1686 Federal Implementation Plan for Regional Haze.  


Latest version.
  • Link to an amendment published at 83 FR 6972, Feb. 16, 2018.

    (a) Applicability. This section applies to each owner and operator of the following electric generating units (EGUs) in the State of New York: Roseton Generating Station, Units 1 and 2;

    (b) Definitions. Terms not defined below shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this section:

    Boiler operating day means a 24-hour period between 12 midnight and the following midnight during which any fuel is combusted at any time in the EGU, boiler or emission unit. It is not necessary for fuel to be combusted for the entire 24-hour period.

    Continuous emission monitoring system or CEMS means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of SO2, NOX, and PM emissions, other pollutant emissions, diluent, or stack gas volumetric flow rate.

    SO2 means sulfur dioxide.

    NOX means nitrogen oxides.

    PM means particulate matter

    Owner/operator means any person who owns, leases, operates, controls, or supervises an EGU or boiler identified in paragraph (a) of this section.

    Ozone Season means the time period from May 1 through September 30 of each year.

    Unit means any of the EGUs or boilers identified in paragraph (a) of this section.

    (c) Emissions limitations (1) The owners/operators subject to this section shall not emit or cause to be emitted SO2, NOX, and PM in excess of the following limitations, averaged over a rolling 30-day period unless otherwise indicated below:

    (2) These emission limitations shall apply at all times, including startups, shutdowns, emergencies, and malfunctions.

    (d) Compliance date. The owners and operators subject to this section shall comply with the emissions limitations and other requirements of this section by January 1, 2014 unless otherwise indicated in paragraph (c) of this section.

    (e) Compliance determination using CEMS—(1) CEMS. At all times after the compliance date specified in paragraph (d) of this section, the owner/operator of each unit shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR part 75, to accurately measure SO2, NOX, and PM, diluent, and stack gas volumetric flow rate from each unit. The CEMS shall be used to determine compliance with the emission limitations in paragraph (c) of this section for each unit.

    (2) Method. (i) For any hour in which fuel is combusted in a unit, the owner/operator of each unit shall calculate the hourly average SO2, NOX, and PM concentration in lb/MMBtu at the CEMS in accordance with the requirements of 40 CFR part 75. At the end of each boiler operating day, the owner/operator shall calculate and record a new average emission rate, consistent with paragraph (c) averaging period, in lb/MMBtu from the arithmetic average of all valid hourly emission rates from the CEMS for the current boiler operating day.

    (ii) An hourly average SO2, NOX, or PM emission rate in lb/MMBtu is valid only if the minimum number of data points, as specified in 40 CFR part 75, is acquired by the SO2, NOX, or PM pollutant concentration monitor and the diluent monitor (O2 or CO2).

    (iii) Data reported to meet the requirements of this section shall not include data substituted using the missing data substitution procedures of subpart D of 40 CFR part 75, nor shall the data have been bias adjusted according to the procedures of 40 CFR part 75.

    (f) Compliance determination using fuel certification—The owner or operator of each affected facility subject to a federally enforceable requirement limiting the fuel sulfur content may use fuel supplier certification to demonstrate compliance. Records of fuel supplier certification, as described under paragraphs (f)(1), (2), (3), and (4) of this section, as applicable, shall be maintained and reports submitted as required under paragraph (h). In addition to records of fuel supplier certifications, the report shall include a certified statement signed by the owner or operator of the affected facility that the records of fuel supplier certifications submitted represent all of the fuel combusted during the reporting period.

    Fuel supplier certification shall include the following information:

    (1) For distillate oil:

    (i) The name of the oil supplier;

    (ii) A statement from the oil supplier that the oil complies with the specifications under the definition of distillate oil in §60.41c; and

    (iii) The sulfur content or maximum sulfur content of the oil.

    (2) For residual oil:

    (i) The name of the oil supplier;

    (ii) The location of the oil when the sample was drawn for analysis to determine the sulfur content of the oil, specifically including whether the oil was sampled as delivered to the affected facility, or whether the sample was drawn from oil in storage at the oil supplier's or oil refiner's facility, or other location;

    (iii) The sulfur content of the oil from which the shipment came (or of the shipment itself); and

    (iv) The method used to determine the sulfur content of the oil.

    (3) For coal:

    (i) The name of the coal supplier;

    (ii) The location of the coal when the sample was collected for analysis to determine the properties of the coal, specifically including whether the coal was sampled as delivered to the affected facility or whether the sample was collected from coal in storage at the mine, at a coal preparation plant, at a coal supplier's facility, or at another location. The certification shall include the name of the coal mine (and coal seam), coal storage facility, or coal preparation plant (where the sample was collected);

    (iii) The results of the analysis of the coal from which the shipment came (or of the shipment itself) including the sulfur content, moisture content, ash content, and heat content; and

    (iv) The methods used to determine the properties of the coal.

    (4) For other fuels:

    (i) The name of the supplier of the fuel;

    (ii) The potential sulfur emissions rate or maximum potential sulfur emissions rate of the fuel in nanograms per joule (ng/J) heat input; and

    (iii) The method used to determine the potential sulfur emissions rate of the fuel.

    (g) Compliance determination with an annual emission limit—The owner or operator of each affected facility subject to a federally enforceable requirement limiting the annual emissions shall calculate the annual emissions individually for each fuel combusted, as applicable. The annual emission limitation is determined on a 12-month rolling average basis with a new annual emission limitation calculated at the end of the calendar month, unless a different reporting period is identified in paragraph (c).

    (h) Recordkeeping. Owner/operator shall maintain the following records for at least five years:

    (1) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.

    (2) All fuel supplier certifications and information identified in paragraph (f)(1), (2), (3), or (4) of this section, as applicable.

    (3) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records required by 40 CFR Part 75.

    (4) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.

    (5) Any other records required by 40 CFR part 75.

    (i) Reporting. All reports under this section shall be submitted to the Director, Division of Enforcement and Compliance Assistance, U.S. Environmental Protection Agency, Region 2, 290 Broadway, New York, New York 10007-1866.

    (1) Owner/operator shall submit quarterly excess emissions reports no later than the 30th day following the end of each calendar quarter. Excess emissions means emissions that exceed the emissions limits specified in paragraph (c) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted.

    (2) Owner/operator shall submit quarterly CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, any CEMS repairs or adjustments, and results of any CEMS performance tests required by 40 CFR part 75 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).

    (3) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, such information shall be stated in the report.

    (4) Owner/operator shall submit semi-annual fuel certification reports no later than the 30th day following the end of each six month period.

    (5) Owner/operator shall submit an annual emissions limitation calculation report no later than the 30th day following the end of the calendar year or quarter if a rolling average is required in paragraph (c).

    (j) Notifications. (1) Owner/operator shall submit notification of commencement of construction of any equipment which is being constructed to comply with the emission limits in paragraph (c) of this section.

    (2) Owner/operator shall submit semi-annual progress reports on construction of any such equipment.

    (3) Owner/operator shall submit notification of initial startup of any such equipment.

    (k) Equipment operation. At all times, owner/operator shall maintain each unit, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions.

    (l) Credible Evidence. Nothing in this section shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with requirements of this section if the appropriate performance or compliance test procedures or method had been performed.

    [77 FR 51928, Aug. 28, 2012, as amended at 82 FR 57130, Dec. 4, 2017]

[77 FR 51928, Aug. 28, 2012, as amended at 82 FR 57130, Dec. 4, 2017