Low-Emitter Requirements

Section 217 Section 217.472  Low-Emitter Requirements Starting with the effective date of the permit referred to in Section 217.454(c), the budget unit electing low-emitter status shall be subject only to the requirements of this Section. a)         For each control period the owner or operator elects low-emitter status, the federally enforceable permit conditions must: 1)         Restrict the unit to burning only natural gas, fuel oil, or natural gas and fuel oil; 2)         Limit the unit's potential NO x mass emissions for the control period to 25 tons or less; 3)         Restrict the unit's operating hours to the number calculated by dividing 25 tons of potential NO x mass emissions by the unit's maximum potential hourly NO x mass emissions; 4)         Require that the unit's potential NO x mass emissions shall be calculated by using the monitoring provisions of 40 CFR 75, or if the unit does not rely on these monitoring provisions, as follows: A)        Select the applicable default NO x emission rate: 0.7 lbs/mmbtu for combustion turbines burning natural gas exclusively during the control period; 1.2 lbs/mmbtu for combustion turbines burning any fuel oil during the control period; 1.5 lbs/mmbtu for boilers burning natural gas exclusively during the control period; or 2 lbs/mmbtu for boilers burning any fuel oil during the control period. B)        Multiply the default NO x emission rate under subsection (a)(4)(A) of this Section by the unit's maximum rated hourly heat input which is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input.  The owner or operator of the unit may request in the permit application required by this subsection that the Agency use a lower value for the unit's maximum rated hourly heat input.  The Agency may approve such lower value if the owner or operator demonstrates that the maximum hourly heat input specified by the manufacturer or the highest observed hourly heat input, or both, are not representative.  The owner or operator must demonstrate that such lower value is representative of the unit's current capabilities because modifications have been made to the unit that permanently limit the unit's capacity; 5)         Require that for 5 years at the source that includes the unit, records demonstrating that the operating hours restriction, the fuel use restriction and the other requirements of the permit related to these restrictions were met; and 6)         Require that the owner or operator of the unit report to the Agency for each control period the unit's hours of operation (treating any partial hour of operation as a whole hour of operation), heat input and fuel use by type.  This report shall be submitted by November 1 of each year the unit elects low-emitter status. b)         The Agency will notify the USEPA in writing of each unit electing low-emitter status pursuant to the requirements of subsection (a) of this Section and when any of the following occurs: 1)         The permit with federally enforceable conditions that includes the restrictions in subsection (a) of this Section is issued by the Agency; 2)         Such permit is revised to remove any such restriction; 3)         Such permit includes any such restriction that is no longer applicable; or 4)         The unit does not comply with any such restriction. c)         The unit shall become subject to the requirements of this Subpart if, for any control period under this Section, the fuel use restriction or the operating hours restriction under subsection (a) of this Section is removed from the unit's permit or otherwise is no longer applicable, or the unit does not comply with the fuel use restriction or the operating hours restriction under subsection (a) of this Section.  Such unit shall be treated as commencing operation on September 30 of the control period for which the fuel use restriction or the operating hours restriction is no longer applicable or during which the unit does not comply with the fuel use restriction or the operating hours restriction. d)         The owner or operator of a unit to which the Agency has ever allocated allowances under Appendix E of this Part may elect low-emitter status.  In that case, the Agency will reduce the Subpart U NO x budget by the number of allowances equal to the amount of NO x emissions the unit is permitted to emit during the control period, pursuant to a federally enforceable condition in the unit's permit.  The owner or operator of a unit electing low-emitter status may demonstrate that it holds sufficient allowances to cover the unit's NO x emissions by offsetting the emissions from such unit, not to exceed its permitted emission limit as included in its federally enforceable permit, with allowances issued for voluntary NO x reductions meeting the requirements of Subpart X of this Part.  The Agency will not reduce the Subpart U NO x budget by the allowances issued for NO x reductions obtained in accordance with Subpart X of this Part.