Air Program Memo 94 - AIR - 43

NOx RACT Compliance Plans

Introduction

New Subpart 227-2 was approved by the Environmental Board on November 29, 1994. This Stationary Combustion Installation regulation requires subject sources to submit Compliance Plans to the Department by March 15, 1994 to describe its plan and schedule they will implement to attain and/or maintain compliance with the federal Clean Air Act deadline of May 31, 1995. The compliance plan is a conceptual document outlining the best estimate of a facility of the actions to be taken toward compliance. This Air Program Memo provides guidance so that facilities will be able to provide the regions with the necessary information to allow the review and approval of these compliance plans and also allow the regions to monitor the facility's compliance with these regulations. Sources that anticipate being unable to comply with the May 31, 1995 deadline should still submit Compliance Plans.

Submission / Review

6 NYCRR Section 227-2.3 requires the submission of compliance plans to the Department by March 15, 1994. All compliance plans are to be submitted by the source owners to the RAPCE. Utility and other multi-regional plans should also be submitted to the Central office. The Central Office will take the review lead for the utility plans and will coordinate the review of the multi-regional plans. All other plans are to be reviewed by the Region.

Content

These compliance plans should include at least the following Information to be considered to be complete:

Name and address of owner/operator of facility,
Name and address of facility, if different from that of Owner/operator,
Name and phone number of the facility contact responsible for preparing and implementing the compliance plan,
A description of the compliance status of the affected air contamination sources with respect to the requirements of the appropriate portion of Subpart 227-2 that will be required by 5/31/95,
A comprehensive list of the sources which will need to be Brought into compliance with the appropriate subdivision of Subpart 227-2 as a part of this compliance plan (sources which the owner claims are exempt are also to be included for the purposes of identifying all the NO_x emissions from the source),
The facility's current annual potential to emit NO_x. Facilities do not need to perform an initial stack test to determine the annual potential.
For requirements which will be enforceable on 5/31/95 with which the source is in compliance, a statement that the source will Continue to comply with such requirements,
For requirements which will be enforceable on 5/31/95 for which the facility is not in compliance, a narrative description of how the facility will achieve compliance with such requirements as follows:
1. for applicable requirements that the source must implement by 5/31/95, a statement that the source will meet such requirements by that date, and
2. a schedule of compliance for each subject source for the appropriate option below, which shall include milestone dates that the facility will meet to ensure compliance with the appropriate requirements by 5/31/95:
  1. Capping Option (227-2.3(a)(2))
    1. A statement that the facility will limit their annual potential To emit of NO_x on a facility wide basis by 5/31/95,
    2. Agree to permit conditions limiting their annual potential to emit of NO_x below the appropriate applicability level by at least 5/31/95. Formal requests to modify the CO's pursuant to 6 NYCRR 621 should be made by 10/15/94, and
    3. Limit their annual potential to emit to the level in permit Conditions.
  2. Compliance for Those Units With RACT Limits (227-2.3(a))
    1. Identify whatever measures are necessary to achieve compliance with the appropriate standard of 6 NYCRR 227-2.4, and
    2. State the schedule for the facility to come into compliance with the regulation.
  3. Compliance for Those Units Which Opt to Utilize Section 227-2.5 Compliance Options
    1. Fuel Switching
      1. Determine the representative fuel used, its baseline emission rate and the appropriate emission limit for the representative fuel.
      2. Identify the cleaner burning fuel and emission rate.
      3. Discuss the baseline fuel use pattern and develop a fuel Switching fuel use pattern which will result in annual equivalence with the RACT limit and provide over control during the ozone season.
    2. System-Wide Averaging (227-2.5(b))
      1. Define the system to be used in the averaging plan.
      2. Determine the applicable RACT limits for each unit in the system.
      3. State which units will be overcontrolled and which will be undercontrolled, the control equipment used and emission rates (Note: if averaging between the Severe nonattainment area and the rest of the state the units in the Severe nonattainment area must be overcontrolled.)
      4. Discuss the averaging plan and parameters to be used to check compliance.
    3. Unit specific emission rate (227-2.5(c))
      1. This provision is handled by the "Economic and Technical Waiver" Air Guide. In the absence of a specific Air Guide for NO_x RACT, Air Guide 20 Should be utilized.
      2. Sources do not have to consider selective catalytic reduction (SCR) controls in their analysis.
      3. The Regions should consult the Central Office during the review of these waivers. The Central Office will coordinate the submittal of any permits containing alternative emission limits as revisions to the SIP.
    4. Repowering
      1. State which units are to be repowered.
      2. State what is planned to replace the existing unit and what emissions are expected.
      3. State the anticipated schedule for the repowering.
      4. Repowering Facilities must have the permit conditions for Repowering in place by 12/31/94. They should consult the RAPCE to Determine when the applications for the permit conditions are to be submitted.
  4. Compliance for those units with no specific RACT limit
    1. Develop a strategy to bring each source into compliance, including the following steps, as appropriate:
      1. Identify available control technologies.
      2. Sources do not need to consider SCR controls in their analysis.
      3. Discuss the projected effectiveness of the control Technologies.
      4. Develop cost information on the use of control strategy.
    2. Select appropriate control strategies as RACT in conjunction with Air Guide 20 recommendations.
  5. Units Which Opt to Cease Operation
    1. Units using 227-2.3(a)(3) are still required to be included as part of a compliance plan.
    2. 227-2.3(a)(4) was intended for those facilities which intended to just simply stop operation and not even submit a compliance plan.

Signature

Compliance plans should be submitted under the signature of the facility owner or an authorized officer of the corporation.

Compliance Tracking / Enforcement

When these compliance plans have been submitted and approved by regional staff, they should be monitored by regional staff on a routine basis to insure that the facilities are working towards compliance as described in their compliance plans. Compliance plans may be amended by the facilities upon written notice to the region. Facilities should be contacted, as appropriate, to insure Continuing progress. Failure to submit a valid compliance plan is a basis for initiation of an enforcement action. An Enforcement Guidance Memorandum will be forthcoming to indicate the enforcement policy of the Commissioner with respect to non-compliance with 6 NYCRR Subpart 227-2.

- Mr. Allen (Originator: R. Orr)