(a) In accordance with the compliance schedule in §117.9320(c) of this title (relating to Compliance Schedule for Cement Kilns), the owner or operator of any portland cement kiln located in Ellis County shall not allow the total nitrogen oxides (NOX ) emissions from all cement kilns located at the account to exceed the source cap limitation determined according to subsection (b) of this section. The source cap limitation of this section only applies from March 1 through October 31 of each calendar year. Compliance with the 30-day rolling average cap must be demonstrated beginning on March 31 of each calendar year.
(b) The NOX source cap for an account subject to this section must be calculated according to the following equation.
Attached Graphic
(c) The monitoring required by §117.3142 of this title (relating to Emission Testing and Monitoring for Eight-Hour Attainment Demonstration) for each cement kiln subject to this section must be used to demonstrate continuous compliance with the source cap requirements of this section. Compliance with the source cap must be demonstrated on a 30-day rolling average basis, calculated according to §117.3142 of this title.
(d) For any portland cement kiln not operational prior to calendar year 2006 and that is located at an account subject to this section, the following requirements apply.
  (1) The cement kiln is subject to the source cap of this section but must not be included in the source cap calculation in subsection (b) of this section.
  (2) The requirements of §117.3142 of this title and §117.3145 of this title (relating to Notification, Recordkeeping, and Reporting Requirements) apply.
  (3) The NOX emissions from the kiln must be included in the calculation of 30-day rolling average NOX emissions according to §117.3142 of this title for compliance with the source cap in subsection (b) of this section.
(e) The owner or operator of each portland cement kiln located in Ellis County shall submit a control plan to the Office of Compliance and Enforcement, the appropriate regional office, and the Chief Engineer's Office, for compliance with the source cap in subsection (b) of this section. The plan must be submitted according to the compliance schedule in §117.9320(c) of this title.
  (1) At a minimum, the control plan must include:
    (A) the emission point number for each kiln at the account;
    (B) the facility identification number for each kiln at the account;
    (C) the source cap for the account calculated according to the equation in subsection (b) of this section; and
    (D) a description of the control measures that have been or will be implemented for each cement kiln for compliance with the source cap.
  (2) A revised control plan may be submitted by the owner or operator, along with any required permit applications. Such a plan must adhere to the requirements of this division (relating to Cement Kilns).
(f) For any kiln that injects urea or ammonia for NOX control, the owner or operator shall not allow ammonia emissions in excess of 10 parts per million by volume at 7.0% oxygen, dry basis, on a 24-hour rolling average basis.
(g) An owner or operator may use §117.9800 of this title (relating to Use of Emission Credits for Compliance) to meet the NO X emission control requirements of this section, in whole or in part.

Source Note: The provisions of this §117.3123 adopted to be effective June 14, 2007, 32 TexReg 3206