Adopted 6 NYCRR Part 246, Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units 6 NYCRR Part 200.9, Referenced Material
On May 18, 2005, EPA promulgated Emission Guidelines and Compliance Times for Coal-Fired Electric Steam Generating Units, 70 Fed. Reg. 28606-28700 (40 CFR Parts 60, 62, and 75). Under 40 CFR 60.24(h) each state identified in paragraph (h)(1) of the section, New York is one such state listed, is subject to the requirements in paragraphs (h)(2) through (7) of that section. State plans are allowed to be submitted to EPA through 40 CFR 60.24(h)(1) where, by November 17, 2006 through State Plan submittal each state can decide to adopt the federal model cap-and-trade rule or can identify another means to satisfy the requirements contained in 40 CFR 60.24(h)(2) through (7). New York State has opted to not accept the model cap-and-trade rule, but in its stead submit a State Plan containing a state specific strategy to reduce mercury emissions from coal-fired power plants. Through submittal of a state specific, alternate plan and subsequent approval by EPA the state trading budget for New York State of 0.393 tons mercury per year contained within 40 CFR 60.4140 becomes set as a hard state cap not to be exceeded. Regardless if a State is adopting the federal program or creating its own State control plan, all States must meet the allocations designated in section 60.4140. Additionally, under 40 CFR 60.4141 of this regulation, all States are required to submit to the Administrator their designated mercury allowances covering years 2010, 2011, 2012, 2013, and 2014 for each coal-fired electric generating unit by October 31, 2006. For New York State, these distributions equal 786 pounds (0.393 tons) per year of allowable mercury release in 2010-2017 and 310 pounds (0.155 tons) per year in 2018 and beyond.
The Division of Air Resources is proposing a hybrid of the US EPA's Clean Air Mercury Rule (CAMR) cap-and-trade program and a traditional emission limit based program. In 2010, Phase I, the proposed State regulation, 6 NYCRR Part 246, will accept the New York State cap but will not allow emission trading between applicable coal-fired utility units in New York and other units in the State or with units outside of New York State. The facility-wide cap will be in effect from 2010 to 2014. In 2015, Phase II, in conjunction with other electric sector regulations such as the Regional Greenhouse Gas Initiative (RGGI) and the second phase of the CAIR, the State mercury regulation will implement a facility-wide specific mercury emission limit. The proposed rule, Part 246, will be submitted to EPA in lieu of the CAMR, satisfying the federally mandated requirements. Part 200.9 was revised to incorporate all references to 40 CFR Part 75 Continuous Emission Monitoring program and especially, 40 CFR Part 75, Subpart I, Mercury Mass Emission Provisions.
The Regulation, 6 NYCRR Part 246 is divided into the following sections:
246.1 - Definitions
To the extent that the definitions are not inconsistent with the specific definitions in this Part, the general definitions of Part 200 apply. Part 246 adds definitions addressing the automatic data handling systems, the specific differences between a Part 246 facility and a Part 246 unit and time frames used to determine compliance.
246.2 - Applicability
Owners or operators of coal-fired steam generating units with nameplate capacity of more than 25 MWe producing electricity for sale firing coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year, including a unit that qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and with nameplate capacity of more than 25 MWe and supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 MWh, whichever is greater.
246.3 - Standard Requirements
The Standard requirement section has the following subdivisions: (1) addresses the applicability dates between new and existing facilities; (2) sets the requirements for coal sampling for mercury and chlorine and two years of stack testing to determine speciated mercury compounds, such as elemental mercury, divalent mercury and particle mercury from existing sources; and (3) sets timelines for record keeping submittals.
246.4 - Permit Requirements
This section addresses the requirements of submitting a Title V operating program renewal or modification. The owner or operator of a MRP facility must have a permit issued by the department pursuant to Part 201 of this Title.
246.5 - Mercury Reduction Program Facility Wide Cap
In the first phase of the Mercury Reduction Program rule beginning in 2010 the Division of Air Resources proposes to accept the federal 786 pounds per year allowance and distribute emissions to New York's applicable units but these emissions will be treated as facility-wide caps and not allowances for trading. The determination of facility-wide caps will be based upon the requirements in section 60.4142 of CAMR which state that allowances, or in our case caps, will be calculated from the average of the three highest heat input years from 2000 to 2004.
246.6 - Mercury Reduction Program Emission Unit Limits
For the second phase of the Mercury Reduction Program rule the Division of Air Resources will set a numerical limit for each applicable facility. This numerical limit will be 0.6 pounds per trillion Btu heat input and represents an overall statewide 90 percent mercury mass reduction from the 1999 Information Collection Request estimations.
246.7 - Monitoring and Reporting
The rule adopts the federal requirements of the Clean Air Mercury Rule (CAMR) for sources to install continuous emission monitors (CEMs) or sorbent traps for the measurement of total mercury by specific timelines and reporting deadlines. Any person who owns or operates a MRP facility must comply with the monitoring, record keeping, and reporting requirements as provided in this section, Part 201 of Title 6, and 40 CFR Part 75, Subpart I. Specifically, each facility must install all monitoring systems to monitoring mercury mass emissions and individual unit heat input (including all systems required to monitor mercury concentration, stack gas moisture content, stack gas flow rate, and carbon dioxide or oxygen concentration, as applicable, in accordance with 40 CFR 75.81 and 75.82 of Subpart I and Performance Specification 12A, 40 CFR 60 Appendix B.
246.8 - Initial Monitoring Certification and Recertification
This section includes the mandated federal requirements for the certification of the continuous emission monitoring system and the approved alternative sorbent trap monitoring system. For continuous emission monitoring systems, the applicable quality-assurance and quality-control requirements in 40 CFR 75.21 and 40 CFR 75 Appendix B apply. For sorbent trap monitoring system, the applicable quality-assurance and quality-control requirements of 40 CFR 75.15 and 40 CFR 75 Appendix K and sections 1.5 and 2.3 of 40 CFR 75 Appendix B apply. The section also addresses the monitoring requirements of stack testing for low mass mercury emission units.
246.9 - Missing Data Procedures and Out of Control Periods for Continuous Monitoring Systems
Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of 40 CFR Part 75, data shall be substituted using the applicable missing data procedures in 40 CFR 75 Subpart D. Subpart D contains sections 40 CFR 75.30 through 75.39 and describes procedures for initial missing data periods, those occurring in the first 720 quality-assured monitor operating hours following initial certification, and standard missing data procedures for mercury CEMS and sorbent trap monitoring systems. Subpart D also deals with missing data for all other required monitoring including, but not limited to moisture, units with control devices, and missing data for heat input rate determinations. This section also covers out of control periods as described in 40 CFR 70.24 where the owner or operator shall take corrective action if an out-of-control period occurs to a monitor or continuous emission monitoring system and repeat the tests applicable to the "out-of-control parameter" as described in 40 CFR 75 Appendix B.
246.10 - Notifications
This is a federally mandated section requiring all Mercury Reduction Program units to notify the USEPA under 40 CFR 75.61. Notifications required include, but are not limited to: initial certification and recertification test notifications; new unit, newly affected unit, new stack, or new flue gas desulfurization system operation notification; unit shutdown and recommencement of commercial operation; and periodic relative accuracy test audits, 40 CFR 75 Appendix E retests, and low mass emissions unit retests.
246.11 - Recordkeeping and Reporting
This section is a federally mandated section requiring all Mercury Reduction Program facilities to submit reports on monitoring plans, certification and recertification plans and quarterly reports to the Department and USEPA Administrator. Record keeping requirements include those required by this section in addition to those applicable requirements contained in 40 CFR 75.84(a) through (c). Reporting requirements include those required by this section in addition to those applicable requirements contained in 40 CFR 75.84(d) through (f).
246.12 - Petitions
The owner or operator of a MRP unit may submit a petition under section 40 CFR 75.66 to the USEPA Administrator requesting approval to apply an alternative to any requirement of 246.8 through 246.13. Application of an alternative to any requirement of 246.8 through 246.13 is in accordance with this section and 246.8 through 246.12 only to the extent that the petition is approved in writing by the USEPA Administrator, in consultation with the Department.
246.13 - Additional Requirements to Provide Heat Input Data
The owner or operator of a MRP unit that monitors and reports Hg mass emissions using a Hg concentration monitoring system and a flow monitoring system shall also monitor and report heat input rate at the unit level using the procedures set forth in 40 CFR Part 75.
246.14 - Severability
Each section, or portion thereof, of this Part shall be deemed severable, and in the event that any section, or portion thereof, of this Part is held to be invalid, the remainder of this Part shall continue in full force and effect.
