(a) The owner or operator of any major source of nitrogen oxides (NOX ) shall submit, for the approval of the executive director, an initial control plan for installation of NO X emissions control equipment (if required in order to comply with the emission specifications of this subchapter) and demonstration of anticipated compliance with the applicable requirements of this subchapter.
  (1) This section applies only to sources that were major for NOX emissions before November 15, 1992.
  (2) The executive director shall approve the plan if it contains all the information specified in this section.
  (3) Revisions to the initial control plan must be submitted with the final control plan.
(b) The owner or operator shall provide results of emissions testing using portable or reference method analyzers or, as available, initial demonstration of compliance testing conducted in accordance with §117.335(e) or (f) of this title (relating to Initial Demonstration of Compliance) for NOX , carbon monoxide (CO), and oxygen emissions while firing gaseous fuel (and as applicable, hydrogen (H 2) fuel for units that may fire more than 50% H 2 by volume) and liquid and/or solid fuel at the maximum rated capacity or as near thereto as practicable, for the units listed in this subsection. Previous testing documentation for any claimed test waiver as allowed by §117.335(d) of this title must be submitted with the initial control plan. Any units that were not operated between June 9, 1993, and April 1, 1994, and do not have earlier representative emission test results available, must be tested and the results submitted to the executive director, with certification of the equipment's shutdown period, within 90 days after the date such equipment is returned to operation. Test results are required for the following units:
  (1) boilers and process heaters with a maximum rated capacity greater than or equal to 40 million British thermal units per hour (MMBtu/hr), except for low annual capacity factor boilers and process heaters as defined in §117.10 of this title (relating to Definitions);
  (2) boilers and industrial furnaces with a maximum rated capacity greater than or equal to 40 MMBtu/hr that were regulated as existing facilities by 40 Code of Federal Regulations, Part 266, Subpart H, as was in effect on June 9, 1993, except for low annual capacity factor boilers and process heaters as defined in §117.10 of this title;
  (3) fluid catalytic cracking units with a maximum rated capacity greater than or equal to 40 MMBtu/hr;
  (4) gas turbine supplemental waste heat recovery units with a maximum rated fired capacity greater than or equal to 40 MMBtu/hr, except for low annual capacity factor gas turbine supplemental waste heat recovery units as defined in §117.10 of this title;
  (5) stationary gas turbines with a megawatt (MW) rating of greater than or equal to 1.0 MW, except for low annual capacity factor gas turbines or peaking gas turbines as defined in §117.10 of this title; and
  (6) gas-fired, stationary, reciprocating internal combustion engines rated 150 horsepower (hp) or greater, except for low annual capacity factor engines or peaking engines as defined in §117.10 of this title.
(c) The initial control plan must be submitted by April 1, 1994, and must contain the following:
  (1) a list of all combustion units at the source with a maximum rated capacity greater than 5.0 MMBtu/hr; all stationary, reciprocating internal combustion engines rated 150 hp or greater; all stationary gas turbines with an MW rating of greater than or equal to 1.0 MW; the maximum rated capacity, anticipated annual capacity factor, the facility identification numbers and emission point numbers as submitted to the Industrial Emissions Assessment Section of the commission; and the emission point numbers as listed on the Maximum Allowable Emissions Rate Table of any applicable commission permit for each unit;
  (2) identification of all units subject to the emission specifications of §117.305 of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)), §117.315 of this title (relating to Alternative Plant-Wide Emission Specifications), or §117.323 of this title (relating to Source Cap);
  (3) identification of all boilers, process heaters, stationary gas turbines, or engines with a claimed exemption from the emission specifications of §117.305 or §117.315 of this title and the rule basis for the claimed exemption;
  (4) identification of the election to use individual emission limits as specified in §117.305 of this title, the plant-wide emission specification as specified in §117.315 of this title, or the source cap emission limit as specified in §117.323 of this title to achieve compliance with this rule;
  (5) a list of units to be controlled and the type of control to be applied for all such units, including an anticipated construction schedule;
  (6) a list of units requiring operating modifications to comply with §117.330(d) of this title (relating to Operating Requirements) and the type of modification to be applied for all such units, including an anticipated construction schedule;
  (7) a list of any units that have been or will be retired, decommissioned, or shutdown and rendered inoperable after November 15, 1990, as a result of compliance with §117.305 of this title, indicating the date of occurrence or anticipated date of occurrence;
  (8) the basis for calculation of the rate of NO X emissions for each unit to demonstrate that each unit will achieve the NOX emission rates specified in this division (relating to Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources). For fluid catalytic cracking unit CO boilers, the basis for calculation of the NOX emission rate in pounds per million British thermal units (lb/MMBtu) for each unit must include the following:
    (A) the calculation of the CO boiler heat input;
    (B) the calculation of the appropriate CO boiler volumetric inlet and exhaust flowrates; and
    (C) the calculation of the CO boiler NO X emission rate in lb/MMBtu;
  (9) for units required to install totalizing fuel flow meters in accordance with §117.340(a) of this title (relating to Continuous Demonstration of Compliance), indication of whether the devices are currently in operation, and if so, whether they have been installed as a result of the requirements of this chapter;
  (10) for units that have had NOX reduction projects as specified in §117.305(a)(1)(B) of this title, documentation that such projects were undertaken solely for the purpose of obtaining early NOX reductions; and
  (11) test results in accordance with subsection (b) of this section.

Source Note: The provisions of this §117.350 adopted to be effective June 14, 2007, 32 TexReg 3206