R 336.1846 RACT requirements for miscellaneous large sources at major sources of NOx.

Rule 846. (1) As used in this rule "potential NOx emissions” means theoretical potential emissions based on design capacity, maximum production, and maximum hours of operation before add-on control. Except for control, any physical or operational limitation on the emission unit’s capacity, such as restrictions on hours of operation, types or amount of material combusted, stored, or processed, can limit potential NOx emissions with a legal and federally enforceable permit or order. (2) A person responsible for a stationary source shall meet the requirements as described in subrules (4) to (7) of this rule, and the requirements will permanently apply once the source becomes subject, if all of the following criteria are met: (a) Located in a 2015 ozone nonattainment area. Changes in the attainment or maintenance status of the stationary source location after the effective date of this rule do not change applicability for a source once subject. (b) The stationary source has 1 or more emission units, with combined potential NOx emissions that equal 100 tons per year or more on or after the effective date of this rule, that are not subject to any RACT requirements as described in R 336.1841 through R 336.1845. Any individual emission units with actual emissions less than 5 tons per year with total combined emissions from these emission units of less than 25 tons per year does not apply to the provisions within this subrule. (3) Instead of submitting a site-specific NOx RACT proposal, the stationary source may submit a complete permit to install application requesting a facility-wide NOx limit that would limit NOx emissions using a federally enforceable restriction or restrictions to less than 100 tons per year or a complete permit to install application for the potentially subject emission units that would limit emissions from all applicable emission units to less than 25 tons per year, before the effective date of the rule. (4) The person responsible shall provide the department and the USEPA with the following information within 120 days after the effective date of this rule: (a) Identification of each stationary source including individual emission units or groups of emission units at those stationary sources to which this rule applies. (b) A determination of the total potential to emit, potential NOx emissions and the actual emissions of NOx for the most recent calendar year for each applicable NOx emission unit at the stationary source using emission testing or a calculation method approvable by the department. (5) Within 1 year after the effective date of this rule, a person responsible shall provide to the department and the USEPA, a proposal for RACT for the stationary source. The RACT proposal must include, at a minimum, the following information: (a) A list of each emission unit subject to the RACT requirements of this rule. (b) The size or capacity of each affected emission unit, and the types and quantities of materials processed or produced in each emission unit, as applicable. (c) A physical description of each emission unit and its operating characteristics. (d) Estimates of the potential to emit and actual NOx emissions from the affected stationary source and each affected emission unit for the most recent calendar year and associated supporting documentation. (e) A RACT analysis which meets the requirements of subrule (6), including technical and economic support documentation for each affected emission unit. (f) A schedule for completing implementation of the RACT proposal as expeditiously as practicable, including interim dates for the issuance of purchase orders, start and completion of process, technology and control technology changes, and the completion of compliance testing, if applicable. (g) The testing, monitoring, recordkeeping, and reporting procedures proposed to demonstrate compliance with RACT. (h) Additional information as requested by the department that is necessary for the evaluation of the RACT proposal. (6) The RACT analysis required under subrule (5)(e) of this rule must include: (a) A ranking of the available control options for the affected emission unit in descending order of control effectiveness. Available control options are air pollution control technologies or techniques with a reasonable potential for application to the emission unit. Air pollution control technologies and techniques include the application of production process, or control methods that reduce NOx. The control technologies and techniques must include existing controls for the source category and technology transfer controls applied to similar source categories. (b) An evaluation of the technical feasibility of the available control options identified in subdivision (a) of this subrule. The evaluation of technical feasibility must be based on physical, chemical, and engineering principles. A determination of technical infeasibility must identify technical difficulties which would preclude the successful use of the control option on the affected emission unit. (c) A ranking of the technically feasible control options in descending order of overall control effectiveness for NOx emissions. The list must present the array of control options and include, at a minimum, the following information: (i) The baseline emissions of NOx before implementation of each control option. (ii) The estimated emission reduction potential or the estimated control efficiency of each control option. (iii) The estimated emissions after the application of each control option. (iv) The economic impacts and cost effectiveness of each control option. (d) An evaluation of cost effectiveness of each control option consistent with the “EPA Air Pollution Control Cost Manual,” EPA-452/B-02-001, adopted by reference in R 336.1902. The evaluation must be conducted in accordance with the following requirements: (i) The cost effectiveness must be evaluated in terms of dollars per ton of NOx emissions reduction. (ii) The cost effectiveness must be calculated as the annualized cost of the control option divided by the baseline emission rate minus the control option emission rate, as shown by the following equation: Average cost effectiveness = Control option total annualized cost ($/yr) ($/ton removed) ------------------------------------------------------- Baseline emission rate – Control option rate (tons/yr) (iii) For purposes of this paragraph, baseline emission rate represents the maximum emissions before the implementation of the control option. The baseline emission rate must be established using either test results or approvable emission factors and historic operating data. (7) The department shall approve, deny, or modify each RACT proposal. (8) Upon receipt of notice of the department's approval of the RACT proposal, the stationary source shall begin implementation of the measures necessary to comply with the approved RACT proposal. Implementation of the RACT program must be completed according to the schedule established in the approved RACT proposal and as expeditiously as practicable. (9) The department shall submit each state-issued enforceable order or permit to install with its corresponding RACT program to the USEPA for approval as a revision to the state implementation plan.