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Part 251: CO2 Performance Standards for Major Electric Generating Facilities

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, and 19-0312)

[Filed 6/12/12. Effective 30 days after filing.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Stationary Sources at (518) 402-8403 for technical questions pertaining to this rule.

Contents:

Sec.

§251.1 Definitions.

(a) For the purpose of this Part, the general definitions of Parts 200 and 201 of this Title apply.

(b) For the purposes of this Part, the following definitions also apply:

(1) Electric generating facility. A facility which sells its power to the electrical grid and that utilizes boilers, combustion turbines, waste to energy sources, and/or stationary internal combustion engines to produce electricity.

(2) Gasifier. An emission source that converts a hydrocarbon feedstock into a fuel.

(3) Major electric generating facility. An electric generating facility with a generating capacity of at least 25 megawatts (MW).

§251.2 Applicability.

(a) New Sources. The provisions of this Part apply to owners or operators of new major electric generating facilities that commence construction after the effective date of this Part.

(b) Existing Sources. The provisions of this Part apply to owners or operators of existing electric generating facilities that commence construction for an increase in capacity of at least 25 MW at the facility after the effective date of this Part. Only those emission source(s) involved in the increase in capacity at the electric generating facility shall be subject to the emission limits established in Section 251.3 of this Part.

§251.3 Emission limits.

Facilities subject to this Part must comply with the applicable carbon dioxide (CO2) emission limit established in this section. These emission limits are measured on a 12-month rolling average basis, calculated by dividing the annual total of CO2 emissions over the relevant 12-month period by either the annual total (gross) MW generated (output-based limit) or the annual Btu input (input-based limit) over the same 12-month period.

(a) Owners or operators of a source of one of the following types, except for those emission sources directly attached to a gasifier, are required to meet an emission rate of 925 pounds of CO2 per MW hour gross electrical output (output-based limit) or 120 pounds of CO2 per million Btu of input (input-based limit):

(1) boilers that are permitted to fire greater than 70 percent fossil fuel;

(2) combined cycle combustion turbines; or

(3) stationary internal combustion engines that fire only gaseous fuel.

(b) Owners or operators of a source of one of the following types, except for those emission sources directly attached to a gasifier, are required to meet an emission rate of 1450 pounds of CO2 per MW hour gross electrical output (output-based limit) or 160 pounds of CO2 per million Btu of input (input-based limit):

(1) simple cycle combustion turbines; or

(2) stationary internal combustion engines that fire either liquid fuel or liquid and gaseous fuel simultaneously.

(c) Owners or operators of any other emission source that is not subject to a specific CO2 emission limit in subdivision (a) or (b) of this section are required to propose and meet a case-specific emission limit for CO2. This proposal must be based on an analysis of existing control technologies and operating efficiencies of existing sources, and other appropriate considerations relevant to the source's CO2 emission profile. The proposed emission limit must achieve the maximum degree of CO2 emission reduction for new sources, and shall not be less stringent than the CO2 emission control or operating efficiency that is achieved in practice by the best controlled similar source(s). The proposal must be submitted to the department for review and approval. In no case will the department approve a proposal in which greater than 50 percent of the heat input is derived from solid fossil fuel or oil, unless the CO2 emission rate associated with that input meets the CO2 emission limit in subdivision (a) of this section. For purposes of this subdivision, emission sources that are directly attached to a gasifier must include the CO2 emissions from the gasifier in the case-specific CO2 emission limit.

§251.4 Permit requirements.

An owner or operator of a facility subject to this Part must submit an application for a permit or permit modification, as appropriate, pursuant to Part 201 of the Title. As part of the application, an owner or operator of a facility subject to a specific CO2 emission limit in section 251.3(a) or (b) of this Part must specify which form of CO2 emission limit the owner or operator will comply with in the permit, either the output-based limit or the input-based limit.

§251.5 Monitoring.

(a) General requirements. The owner or operator of an emission source subject to this Part shall comply with the requirements of this section. The owner or operator of an emission source subject to this Part shall also comply with any applicable monitoring, recordkeeping, and reporting requirements as provided in all applicable sections of 40 CFR part 75, unless the emission source is not otherwise required to meet the monitoring, recordkeeping, and reporting requirements of 40 CFR part 75 by any other applicable State or Federal regulation, in which case the owner or operator may instead comply with any applicable monitoring, recordkeeping, and reporting requirements as provided in all applicable sections of 40 CFR part 60.

(b) Initial installation and certification procedures. The owner or operator of each emission source subject to this Part must meet the following requirements.

(1) Install all CEMS required under this Part for monitoring CO2 mass emissions and heat input. This includes all CEMS required to monitor CO2 concentration, stack gas flow rate, O2 concentration, heat input, and fuel flow rate, as applicable, in accordance with either 40 CFR part 60 Appendix B Performance Specification 3 or 40 CFR 75.13, 75.71, and 75.72, and all portions of appendix G of 40 CFR part 75, except for equation G-1 in 40 CFR part 75.

(2) Successfully complete all certification tests required under subdivision (c) of this section and meet all other requirements of this Part and either 40 CFR part 60 or 40 CFR part 75 as applicable to the CEMS under paragraph(1) of this subdivision.

(3) Record, report and quality-assure the data from the CEMS under Paragraph (1) of this Subdivision.

(c) Initial certification and recertification procedures. The owner or operator of an emission source subject to this Part shall comply with the initial certification and recertification procedures for a CEMS and an alternative monitoring system under either 40 CFR part 60 Appendix B Performance Specification 3 or appendices D and E of 40 CFR part 75.

(d) Out-of-control periods.

(1) Whenever any CEMS fails to meet the quality assurance and quality control requirements or data validation requirements of either 40 CFR part 60 or 40 CFR part 75, data shall be substituted using the applicable procedures in either 40 CFR part 60 Appendix B Performance Specification 3 or subpart D, appendix D, or appendix E of 40 CFR part 75.

(2) Whenever both an audit of a CEMS and a review of the initial certification or recertification application reveal that any CEMS should not have been certified or recertified because it did not meet a particular performance specification or other requirement under subdivision (c) of this section or the applicable provisions of either 40 CFR part 60 or 40 CFR part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the department will issue a notice of disapproval of the certification status of such CEMS. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the department or the administrator. By issuing the notice of disapproval, the department revokes prospectively the certification status of the CEMS. The data measured and recorded by the CEMS shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification for the CEMS. The owner or operator shall follow the initial certification or recertification procedures in subdivision (c) of this section for each disapproved CEMS.

§251.6 Recordkeeping and reporting.

(a) General provisions. The owner or operator shall comply with all recordkeeping and reporting requirements in this section. The owner or operator shall also comply with applicable record keeping and reporting requirements under 40 CFR 75.73, unless the emission source is not otherwise required to meet the recordkeeping and reporting requirements of 40 CFR part 75 by any other applicable State or Federal regulation, in which case the owner or operator may instead comply with applicable recordkeeping and reporting requirements under 40 CFR part 60. Each submission required under this Part shall be submitted, signed, and certified by the responsible official. Each such submission shall include the following certification statement by the responsible official: "I am authorized to make this submission on behalf of the owners and operators of the emission source or emission sources for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."

(b) Monitoring plans. The owner or operator of an emission source subject to this Part shall comply with requirements of either 40 CFR part 60 or 40 CFR 75.62.

(c) Certification reports. The owner or operator shall submit certification reports to the department within 45 days after completing all initial certification or recertification tests required under section 251.5(c) of this Part including the information required under either 40 CFR part 60 or 40 CFR 75.63 and 40 CFR 75.73 (c) and (e).

(d) Vendor certified fuel receipts. The owner or operator that utilizes vendor certified fuel receipts to monitor the Btu content of a fuel must maintain these receipts in a bound log book.

(e) Semi-annual reports. The owner or operator shall submit Semi-annual reports, as follows:

(1) The owner or operator shall report the CO2 mass emissions data and heat input data in a format appropriate for comparison to the emission limitation applicable to the emission source, unless otherwise prescribed by the department for each calendar quarter beginning with the calendar quarter corresponding to, the earlier of the date of provisional certification or the applicable deadline for initial certification under section 251.5 of this Part.

(2) The owner or operator shall submit each quarterly report to the department within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in either 40 CFR part 60 or subpart H of 40 CFR part 75 and 40 CFR 75.64. Quarterly reports shall include all of the data and information required in either 40 CFR part 60 or subpart H of 40 CFR part 75 for each emission source (or group of emission sources using a common stack) as well as information required in subpart G of 40 CFR part 75, except for opacity and SO2 provisions.

(f) Compliance certification. The owner or operator shall submit to the department a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the emission source's emissions are correctly and fully monitored. The certification shall state that the monitoring data submitted were recorded in accordance with the applicable requirements of this Part and either 40 CFR part 60 or 40 CFR part 75, including the quality assurance procedures and specifications.

(g) Data retention. The owner or operator of a source subject to this Part must maintain copies of all records, either on-site at the facility that contains the subject source or at another location acceptable to the department, for a minimum of five years.

§251.7 Severability.

Each provision of this Part shall be deemed severable, and in the event that any provision of this Part is held to be invalid, the remainder of this Part shall continue in full force and effect.