The owner or operator of each stationary source of nitrogen oxides (NOX ) in the Houston-Galveston-Brazoria ozone nonattainment area that is not a major source of NO X shall comply with the requirements of Subchapter D, Division 1 of this chapter (relating to Houston-Galveston-Brazoria Ozone Nonattainment Area Minor Sources) as follows.
  (1) For sources subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program), the owner or operator shall:
    (A) install any totalizing fuel flow meters and run time meters required by §117.2035 of this title (relating to Monitoring and Testing Requirements) and begin keeping records of fuel usage as required by §117.2045 of this title (relating to Recordkeeping and Reporting Requirements) no later than March 31, 2005, except that if flue gas cleanup (for example, controls that use a chemical reagent for reduction of NOX ) is installed on a unit before March 31, 2005, then the emissions monitors required by §117.2035 of this title must be installed and operated at the time of startup following the installation of flue gas cleanup on that unit. However, an owner or operator may choose to demonstrate compliance with the ammonia monitoring requirements through annual ammonia stack testing until March 31, 2005;
    (B) no later than 60 days after startup of a unit following installation of emissions controls, submit to the executive director the results of:
      (i) stack tests conducted in accordance with §117.2035 of this title. For a stack test conducted before March 31, 2005, on a unit not equipped with a continuous emissions monitoring system (CEMS) or predictive emissions monitoring system (PEMS) that CEMS or PEMS must be installed no later than March 31, 2005, the requirements of §117.2035(e)(6) of this title do not apply; or, as applicable,
      (ii) 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). The applicable CEMS or PEMS performance evaluation and quality assurance procedures must be submitted no later than March 31, 2005, except that if the unit is shut down as of March 31, 2005, the CEMS or PEMS performance evaluation and quality assurance procedures must be submitted within 60 days after startup of the unit after March 31, 2005;
    (C) no later than March 31, 2005, for any units subject to §117.2010 of this title (relating to Emission Specifications) that stack testing or a CEMS or PEMS performance evaluation and quality assurance has not been conducted under subparagraph (B) of this paragraph, submit to the executive director the results of:
      (i) stack tests conducted in accordance with §117.2035 of this title; or, as applicable,
      (ii) 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;
    (D) comply with the emission reduction requirements of Chapter 101, Subchapter H, Division 3 of this title as soon as practicable, but no later than the appropriate dates specified in that program;
    (E) for diesel and dual-fuel engines, comply with the restriction on hours of operation for maintenance or testing, and associated recordkeeping, as soon as practicable, but no later than April 1, 2002; and
    (F) comply with all other requirements of Subchapter D, Division 1 of this chapter as soon as practicable, but no later than March 31, 2005.
  (2) For sources not subject to Chapter 101, Subchapter H, Division 3 of this title, the owner or operator shall:
    (A) install any totalizing fuel flow meters and run time meters required by §117.2035 of this title and begin keeping records of fuel usage as required by §117.2045 of this title no later than March 31, 2005, except that if flue gas cleanup (for example, controls that use a chemical reagent for reduction of NOX ) is installed on a unit before March 31, 2005, then the emissions monitors required by §117.2035 of this title must be installed and operated at the time of startup following the installation of flue gas cleanup on that unit. However, an owner or operator may choose to demonstrate compliance with the ammonia monitoring requirements through annual ammonia stack testing until March 31, 2005;
    (B) no later than 60 days after startup of a unit following installation of emissions controls, submit to the executive director the results of:
      (i) stack tests conducted in accordance with §117.2035 of this title. For a stack test conducted before March 31, 2005, on a unit not equipped with a CEMS or PEMS that CEMS or PEMS must be installed no later than March 31, 2005, the requirements of §117.2035(e)(6) of this title do not apply; or, as applicable,
      (ii) 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. The applicable CEMS or PEMS performance evaluation and quality assurance procedures must be submitted no later than March 31, 2005, except that if the unit is shut down as of March 31, 2005, the CEMS or PEMS performance evaluation and quality assurance procedures must be submitted within 60 days after startup of the unit after March 31, 2005;
    (C) for diesel and dual-fuel engines, comply with the restriction on hours of operation for maintenance or testing, and associated recordkeeping, as soon as practicable, but no later than April 1, 2002; and
    (D) comply with all other requirements of Subchapter D, Division 1 of this chapter as soon as practicable, but no later than March 31, 2005.

Source Note: The provisions of this §117.9200 adopted to be effective June 14, 2007, 32 TexReg 3206