The owner or operator of each electric utility in the Beaumont-Port Arthur ozone nonattainment area shall comply with the requirements of Subchapter C, Division 1 of this chapter (relating to Beaumont-Port Arthur Ozone Nonattainment Area Utility Electric Generation 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 C, Division 1 of this chapter as soon as practicable, but no later than November 15, 1999 (final compliance date), except as specified in subparagraph (D) of this paragraph, relating to oil firing, and paragraph (2) of this section, relating to emission specifications for attainment demonstration:
    (A) conduct applicable continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) evaluations and quality assurance procedures as specified in §117.1040 of this title (relating to Continuous Demonstration of Compliance) according to the following schedules:
      (i) for equipment and software required under 40 Code of Federal Regulations (CFR) Part 75, no later than January 1, 1995, for units firing coal, and no later than July 1, 1995, for units firing natural gas or oil; and
      (ii) for equipment and software not required under 40 CFR Part 75, no later than November 15, 1999;
    (B) install all nitrogen oxides (NOX ) abatement equipment and implement all NOX control techniques no later than November 15, 1999;
    (C) submit to the executive director:
      (i) for units operating without CEMS or PEMS, the results of applicable tests for initial demonstration of compliance as specified in §117.1035 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;
      (ii) for units operating with CEMS or PEMS in accordance with §117.1040 of this title, the results of:
        (I) the applicable CEMS or PEMS performance evaluation and quality assurance procedures as specified in §117.1040 of this title; and
        (II) the applicable tests for the initial demonstration of compliance as specified in §117.1035 of this title;
        (III) no later than:
          (-a-) November 15, 1999, for units complying with the NOX emission specification on an hourly average; and
          (-b-) January 15, 2000, for units complying with the NOX emission specification on a rolling 30-day average;
    (D) conduct applicable tests for initial demonstration of compliance with the NOX emission specification for fuel oil firing, in accordance with §117.1035(d)(2) of this title, and submit test results within 60 days after completion of such testing; and
    (E) submit a final control plan for compliance in accordance with §117.1052 of this title (relating to Final Control Plan Procedures for Reasonably Available Control Technology), no later than November 15, 1999.
  (2) Emission specifications for attainment demonstration. The owner or operator shall comply with the requirements of §117.1010(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 §117.1010(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 §117.1010(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 §117.1010(a) of this title using the alternative methods to comply, either:
        (I) §117.1020 of this title (relating to System Cap); or
        (II) §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 subparagraph (A) of this paragraph;
      (ii) the information specified in §117.1054 of this title (relating to Final Control Plan Procedures for Attainment Demonstration Emission Specifications) to comply with subparagraph (A) of this paragraph; and
      (iii) any other revisions to the source's final control plan as a result of complying with subparagraph (A) of this paragraph;
    (C) May 1, 2003, install CEMS or PEMS on previously exempt units and conduct applicable CEMS or PEMS evaluations and quality assurance procedures as specified in §117.1040 of this title;
    (D) July 31, 2003, submit to the executive director the applicable tests for the initial demonstration of compliance as specified in §117.1035 of this title, if using the 30-day average system cap to comply with subparagraph (A) of this paragraph;
    (E) May 1, 2005, comply with §117.1010(a) of this title;
    (F) May 1, 2005, submit a revised final control plan that contains:
      (i) a demonstration of compliance with §117.1010(a) of this title;
      (ii) the information specified in §117.1054 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 §117.1010(a) of this title; and
    (G) July 31, 2005, submit to the executive director the applicable tests for the initial demonstration of compliance as specified in §117.1035 of this title, if using the 30-day average system cap NO X emission limit to comply with the emission specifications in §117.1010(a) of this title.

Source Note: The provisions of this §117.9100 adopted to be effective June 14, 2007, 32 TexReg 3206