The owner or operator of each industrial, commercial, and institutional source in the Beaumont-Port Arthur ozone nonattainment area shall comply with the requirements of Subchapter B, Division 1 of this chapter (relating to Beaumont-Port Arthur Ozone Nonattainment Area Major Sources) as soon as practicable, but no later than the dates specified in this section.
  (1) Reasonably available control technology (RACT). The owner or operator shall for all units, comply with the requirements of Subchapter B, Division 1 of this chapter, except as specified in paragraph (2) of this section (relating to lean-burn engines) and paragraph (3) of this section (relating to emission specifications for attainment demonstration), by November 15, 1999 (final compliance date), and submit to the executive director:
    (A) for units operating without a continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS), the results of applicable tests for initial demonstration of compliance as specified in §117.135 of this title (relating to Initial Demonstration of Compliance); by April 1, 1994, or as early as practicable, but in no case later than November 15, 1999;
    (B) for units operating with CEMS or PEMS in accordance with §117.140 of this title (relating to Continuous Demonstration of Compliance), the results of:
      (i) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.8100(a)(1)(A) and (B) and (b)(2) - (4)(A) of this title (relating to Emission Monitoring System Requirements for Industrial, Commercial, and Institutional Sources); and
      (ii) the applicable tests for the initial demonstration of compliance as specified in §117.135 of this title;
      (iii) no later than:
        (I) November 15, 1999, for units complying with the nitrogen oxides (NOX ) emission specification on an hourly average; and
        (II) January 15, 2000, for units complying with the NOX emission specification on a rolling 30-day average;
    (C) a final control plan for compliance in accordance with §117.152 of this title (relating to Final Control Plan Procedures for Reasonably Available Control Technology), no later than November 15, 1999; and
    (D) the first semiannual report required by §117.145(d) or (e) of this title (relating to Notification, Recordkeeping, and Reporting Requirements), covering the period November 15, 1999, through December 31, 1999, no later than January 31, 2000.
  (2) Lean-burn engines. The owner or operator shall for each lean-burn, stationary, reciprocating internal combustion engine subject to §117.105(e) of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)), comply with the requirements of Subchapter B, Division 1 of this chapter for those engines as soon as practicable, but no later than November 15, 2001 (final compliance date for lean-burn engines); and
    (A) no later than November 15, 2001, submit a revised final control plan that contains:
      (i) the information specified in §117.152 of this title as it applies to the lean-burn engines; and
      (ii) any other revisions to the source's final control plan as a result of complying with the lean-burn engine emission specifications; and
    (B) no later than January 31, 2002, submit the first semiannual report required by §117.145(e) of this title covering the period November 15, 2001, through December 31, 2001.
  (3) Emission specifications for attainment demonstration. The owner or operator shall comply with the requirements of §117.110(a) of this title (relating to Emission Specifications for Attainment Demonstration) as soon as practicable, but no later than:
    (A) May 1, 2003, demonstrate that at least two-thirds of the NOX emission reductions required by §117.110(a) of this title have been accomplished, as measured either by:
      (i) the total number of units required to reduce emissions in order to comply with §117.110(a) of this title using direct compliance with the emission specifications, counting only units still required to reduce after May 11, 2000; or
      (ii) the total amount of emissions reductions required to comply with §117.110(a) of this title using the alternative methods to comply, either:
        (I) §117.115 of this title (relating to Alternative Plant-Wide Emission Specifications);
        (II) §117.123 of this title (relating to Source Cap); or
        (III) §117.9800 of this title (relating to Use of Emission Credits for Compliance);
    (B) May 1, 2003, submit to the executive director:
      (i) identification of enforceable emission limits that satisfy the conditions of subparagraph (A) of this paragraph;
      (ii) for units operating without CEMS or PEMS or for units operating with CEMS or PEMS and complying with the NO X emission limit on an hourly average, the results of applicable tests for initial demonstration of compliance as specified in §117.135 of this title;
      (iii) for units newly operating with CEMS or PEMS to comply with the monitoring requirements of §117.140(c)(1)(C) of this title or §117.123 of this title, the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.8100(a)(1)(A) and (B) and (b)(2) - (4)(A) of this title;
      (iv) the information specified in §117.154 of this title (relating to Final Control Plans Procedures for Attainment Demonstration Emission Specifications); and
      (v) any other revisions to the source's final control plan as a result of complying with the emission specifications in §117.110(a) of this title;
    (C) July 31, 2003, submit to the executive director:
      (i) the applicable tests for the initial demonstration of compliance as specified in §117.135 of this title, for units complying with the NOX emission specification on a rolling 30-day average; and
      (ii) the first semiannual report required by §117.123(e) and §117.145(e) of this title, covering the period May 1, 2003, through June 30, 2003;
    (D) May 1, 2005, comply with §117.110(a) of this title;
    (E) May 1, 2005, submit a revised final control plan that contains:
      (i) a demonstration of compliance with §117.110(a) of this title;
      (ii) the information specified in §117.154 of this title; and
      (iii) any other revisions to the source's final control plan as a result of complying with the emission specifications in §117.110(a) of this title; and
    (F) July 31, 2005, submit to the executive director the applicable tests for the initial demonstration of compliance as specified in §117.135 of this title, if using the 30-day average source cap NO X emission limit to comply with the emission specifications in §117.110(a) of this title.

Source Note: The provisions of this §117.9000 adopted to be effective June 14, 2007, 32 TexReg 3206