PROVISIONS FOR SO₂ NON-ATTAINMENT AREAS

I. Applicability This Subpart applies to the following sources: 1) PREPA San Juan (Mercado Central Ave. Lot 28, Zona Portuaria Puerto Nuevo, San Juan) 2) PREPA Palo Seco (Road PR 165 Km. 30.8, Toa Baja) 3) PREPA Aguirre (Road PR 3 Km. 152.7 Aguirre, Salinas) 4) Any other major source in or nearby the San Juan or Guayama-Salinas SO₂ non-attainment areas that has not undergone a major modification or construction of a new emission unit subject to Rule 210; in which case, the SO₂ emission limit will be determined by a lowest achievable emission rate (LAER) analysis pursuant to Rule 210. The limitations set forth applies to current and future owners and operators of the aforementioned sources. II. Emission Limitations for PREPA San Juan and PREPA Palo Seco The owner or operator of a stationary emission source at PREPA San Juan and PREPA Palo Seco must comply with the following emission limitations: (A) San Juan SO₂ Non-Attainment Area Emission Limit -Interim Plan (Fuel switching to Ultra Low Sulfur Diesel) (1) No owner or operator of any combustion turbine units located at the PREPA San Juan or Palo Seco facilities shall cause or permit the burning of any fuel oil above a maximum sulfur content of 0.0015 percent by weight (15ppm), by no later than February 1, 2023, as established as follow: Table 1: PREPA San Juan and PREPA Palo Seco Fuel Switching to Ultra Low Sulfur Diesel Facility Units Compliance Start Date Projected Fuel Conversion PREPA San Juan SJ5/SJ6 2/1/2023 ULSD PREPA Palo Seco PSGT 1-1 2/1/2023 ULSD PREPA Palo Seco PSGT 1-2 2/1/2023 ULSD PREPA Palo Seco PSGT 2-1 2/1/2023 ULSD PREPA Palo Seco Mobile Pac 1 2/1/2023 ULSD PREPA Palo Seco Mobile Pac 2 2/1/2023 ULSD PREPA Palo Seco Mobile Pac 3 2/1/2023 ULSD Page 60 (B) San Juan SO₂ Non-Attainment Area Emission Limits-Final Plan (IRP Emission Units Retirements) (1) The emission units from PREPA Palo Seco shall be retired by the dates in Table 2 unless an alternative date is authorized by the PREB. This alternative date shall be no later than December 31, 2025. (2) PREPA must submit a revision of the construction and operation emission source permits and provide DNER a copy of PREB's alternative retirement date authorization and an explanation of why an alternative date is necessary. Table 2: PREPA Palo Seco Emission Units Retirement Schedule Facility Units Retirements Date¹ PREPA Palo Seco PS1 6/30/2023 PREPA Palo Seco PS2 * 6/30/2023 PREPA Palo Seco PS3 12/31/2024 PREPA Palo Seco PS4 12/31/2025 PREPA Palo Seco PSGT 2-2 * 6/30/2023 PREPA Palo Seco PSGT 3-1 6/30/2023 PREPA Palo Seco PSGT 3-2 * 6/30/2023 * The PS2, PSGT 2-2 and PSGT 3-2 units were permanently shut down and out of use on November 9, 2022 to generate netting credits for the MobilePac units according to EPA's determination regarding the PSD/SO₂ NNSR Non-Applicability Analysis per 40CFR Part 52.21 and 40 CFR Part 51, Appendix S and DNER's emission source construction permit PFE-70-0120-0010-II-C. (3) The following PREPA Palo Seco emission units will stay operating after the IRP emission units retirements, with the emission limits presented below: 1 Dates were provided by the Puerto Rico Energy Bureau via letter to DNER on October 18, 2022 and updated on November 15, 2022. According to the letter, these dates are estimated "based on capacity balance and planned." If PREB issues any order or IRP amendment requiring retirement of these units prior to the dates provided herein, PREPA must comply with such order or IRP amendment. Page 61 Table 3: PREPA Palo Seco Emission Limits Power PTE 100% load in ULSD 0.0015%/wt Block/Boiler Stack (Lb/hr SO₂) Units PSGT 1-1 0.5 PB1 PSGT 1-2 0.5 PB2 PSGT 2-1 0.5 PS MP1 PSMP1-1 0.4 PSMP2 PSMP2-1 0.4 PS MP3 PSMP3-1 0.4 (4) The emission units from PREPA San Juan shall be retired by the dates in Table 4 unless an alternative date is authorized by the PREB. This alternative date shall be no later than December 31, 2025. (5) PREPA must submit a revision of the construction and operation emission source permits and provide DNER a copy of PREB's alternative retirement date authorization and an explanation of why an alternative date is necessary. Table 4: PREPA San Juan Emission Units Retirement Schedule Facility Units Retirements Date² PREPA San Juan SJ7 6/30/2023 PREPA San Juan SJ8 6/30/2023 PREPA San Juan SJ9 12/31/2024 PREPA San Juan SJ10 6/30/2023 (6) The following PREPA San Juan emission units will stay operating after the IRP emission units retirements, with the emission limits presented below: 2 Dates were provided by the Puerto Rico Energy Bureau via letter to DNER on October 18, 2022 and updated on November 15, 2022. According to the letter, these dates are estimated "based on capacity balance and planned." If PREB issues any order or IRP amendment requiring retirement of these units prior to the dates provided herein, PREPA must comply with such order or IRP amendment. Page 62 Table 5: PREPA San Juan Emission Limits PREPA PTE. 100% load Natural Gas Sulfur Content in LNG Stack San Juan (Lb/hr SO₂) SJ 5+6 SJ5&6 9.8 1 gr/100 dscf * The units SJ5&6 have been operating as dual-fuel units since late 2019 and shall be switched to ULSD in no later than 2/1/2023. PRDNER used the most conservative rate or LNG 100% load. Page I 63 III. Emission Limitations for PREPA Aguirre The owner or operator of an emission source at PREPA Aguirre must comply with the following emission limitations: (A) Guayama - Salinas SO₂ Non-Attainment Area Emission Limit -Interim Plan (Fuel switching to Ultra Low Sulfur Diesel) (1) No owner or operator of any combustion turbine units located at the PREPA Aguirre facility shall cause or permit the burning of any fuel oil above a maximum sulfur content of 0.0015 percent by weight (15 ppm), by no later than February 1, 2023, as follow: Table 6: PREPA Aguirre Fuel Switching to Ultra Low Sulfur Diesel Compliance Start Facility Units Projected Fuel Conversion Date PREPA Aguirre AGGT2-1 2/1/2023 ULSD PREPA Aguirre AGGT2-2 2/1/2023 ULSD PREPA Aguirre CC1-1HRSG 2/1/2023 ULSD PREPA Aguirre CC1-2HRSG 2/1/2023 ULSD PREPA Aguirre CC1-3HRSG 2/1/2023 ULSD PREPA Aguirre CC 1-4HRSG 2/1/2023 ULSD PREPA Aguirre CC 2-1HRSG 2/1/2023 ULSD PREPA Aguirre CC2-2HRSG 2/1/2023 ULSD PREPA Aguirre CC2-3HRSG 2/1/2023 ULSD PREPA Aguirre CC2-4HRSG 2/1/2023 ULSD Page 64 (B) Guayama - Salinas SO₂ Non-Attainment Area Emission Limit -Final Plan (IRP Emission Units Retirements) (1) The emission units from PREPA Aguirre shall be retired by the dates in Table 7 unless an alternative date is authorized by the PREB. This alternative date shall be no later than December 31, 2029. (2) PREPA must submit a revision of the construction and operation emission source permits and provide DNER a copy of PREB's alternative retirement date authorization and an explanation of why an alternative date is necessary. Table 7: PREPA Aguirre Emission Units Retirement Schedule Facility Units Retirements Date³ PREPA Aguirre AG1 12/31/2025 PREPA Aguirre AG2 12/31/2026 PREPA Aguirre CC1-1HRSG 12/31/2028 PREPA Aguirre CC1-2HRSG 12/31/2028 PREPA Aguirre CC1-3HRSG 12/31/2028 PREPA Aguirre CC 1-4HRSG 12/31/2028 PREPA Aguirre CC 2-1HRSG 12/31/2029 PREPA Aguirre CC2-2HRSG 12/31/2029 PREPA Aguirre CC2-3HRSG 12/31/2029 PREPA Aguirre CC2-4HRSG 12/31/2029 (2) The following PREPA Aguirre emission units will stay operating after the IRP emission units retirements, with the emission limits presented below: 3 Dates were provided by the Puerto Rico Energy Bureau via letter to DNER on October 18, 2022 and updated on November 15, 2022. According to the letter, these dates are estimated "based on capacity balance and planned." If PREB issues any order or IRP amendment requiring retirement of these units prior to the dates provided herein, PREPA must comply with such order or IRP amendment. Page I 65 Table 2: PREPA Aguirre Emission Limits Power Stack * PTE. 100% load in ULSD 0.0015%/wt Block/Boiler Units (Lb/hr SO₂) AGGT2-1 0.46 AGGT2 AGGT2-2 0.46 *According to IRP, only gas turbines AGGT2-1, 2-2 will stay operating in PREPA Aguirre. IV. Emission Limitations for San Juan and Guayama-Salinas Non-Attainment Areas (A) Any emission source, except PREPA emission units, within the boundaries of San Juan and Guayama-Salinas Non-Attainment Areas or nearby sources having a significant air quality impact on sulfur dioxide on a SO₂ Non-Attainment Area, shall comply with all the prohibitions provided in Rules 401 through 421 and meet the limitations specified in this subsection. (1) No owner or operator of any combustion units within the boundaries of San Juan and Guayama-Salinas Non-Attainment Areas, shall cause or permit the burning of any fuel oil above a maximum sulfur content of 0.0015 percent by weight (15 ppm) by no later than April 9, 2023. (2) No owner or operator of any combustion units from a nearby sources having a significant air quality impact in the San Juan and Guayama-Salinas SO₂ Non-Attainment Areas shall cause or permit the burn of any fuel oil with a maximum sulfur content above 0.0015 percent by weight (15 ppm) by April 9, 2023. (3) Notwithstanding the provisions of paragraphs IV(A)(1) to IV(A)(2) of this rule, the requirements of 40 CFR Part 60 shall be followed where applicable. (B) The owner or operator of any stationary source subject to the limitations of paragraph IV(A) that comply with the emission limits established by the date required in this Rule shall: (1) Certify in writing to the DNER that such source is in full compliance with all requirements of this rule. Such certification shall include the following: a. Equipment description. b. DNER permit number (if assigned). C. All necessary data (consistent with the appropriate permit appendices) and calculations which confirm the compliance status. d. The test method for determining compliance as specified in paragraph (V) of this rule, "Measurement methods and procedures", whichever is applicable. Page 66 (C) The owner or operator of any stationary source subject to the limitations of paragraph IV(A) that cannot comply with the emission limits established by the date required in this Rule shall: (1) Submit for approval a compliance plan under Rule 205 in which the owner or operator of such stationary source demonstrates compliance with all applicable limitations specified in Rule 425 and provides for the implementation of RACT requirements, if applicable. The compliance plan shall be in writing and must include: (a) the name of the responsible official for compliance demonstration activities at the stationary source; (b) a description of the air pollution control system, specific control equipment, stacks, vents, raw materials, fuels, and other items or parameters which will be tested, monitored, sampled, analyzed, or measured to determine that the stationary source is in compliance on a continuous basis; (c) a description of the specific testing methods, monitoring techniques, sampling and analysis methods, and measurements that will be used to demonstrate compliance on a continuous basis; (d) a description of other relevant records or reports reasonably needed to demonstrate compliance on a continuous basis; (e) the frequency of testing, monitoring, sampling, analyzing, or measuring necessary to demonstrate compliance on a continuous basis. (f) the schedule and a detailed explanation when a physical modification of the stationary source is needed to achieve compliance. (g) In case of a non-permitted source, the compliance plan shall include the emission source permit application in accordance of Part II or Part VI of the RCAP, as applicable. (h) the date by which the source will achieve compliance with Rule 425. (2) Implement the DNER's approved compliance plan and demonstrate final compliance with applicable limitations established in Rule 425. (3) Certify compliance by a responsible official, who shall state, based on information and belief formed after reasonable inquiry, that the information certified is true and accurate. Page 67 V. Measurement methods and procedures (A) Unless otherwise specified in paragraph V(B) of this rule, the non-continuous test methods used for determining compliance with the allowable emission limits in this rule shall be those specified in 40 CFR Part 60. (B) The test methods and procedures for PREPA to determine compliance with the allowable emission limit for any fuel, other than coal, shall be the following: (1) On site fuel sampling of the ULSD to be fired at PREPA San Juan, PREPA Palo Seco, and PREPA Aguirre facilities and LNG at PREPA San Juan facility. (2) Each batch of fuel that is received at the PREPA San Juan, PREPA Palo Seco, and PREPA Aguirre facilities should be sampled in accordance with USEPA Method 19, ASTM D2622, D4294, D5453, D7039, or other appropriate EPA or ASTM method. (3) A representative and sufficient amount of a sample shall be obtained for each batch of fuel prior to use. This fuel sample shall be analyzed for: a. Sulfur content (percent by weight) b. Heat value C. Density (4) PREPA shall ensure that each of the affected units from PREPA San Juan, PREPA Palo Seco, and PREPA Aguirre facilities shall have a fuel monitor for each of the type of fuel burned. PREPA shall monitor and record the amount of each fuel type burned at each of the units on an hourly basis. (5) Each sample shall be submitted in a timely manner to a qualified laboratory and an analysis obtained for the constituents/properties PREPA shall maintain records of each laboratory analysis performed for a period of at least five (5) years. (6) PREPA shall calculate and record SO₂ emissions for each unit on a monthly basis. In calculating the SO₂ emissions, PREPA shall assume that 100% of the sulfur in fuel is converted to SO₂. (7) PREPA shall maintain a monthly record of the following information for each unit: a. Fuel used, including hourly usage and total fuel used for the month b. Sulfur content of the fuel, fuel density, fuel heating value, and the basis for the sulfur content used (fuel analysis showing date sample collected, type of fuel, sulfur content, and fuel heating value) C. SO₂ emission rates (lb/hr) (C) All data, calculations and reports from any performance test or fuel sample developed for the purpose of demonstrating compliance with this rule shall be retained for a minimum of five years and shall be available for inspection by DNER's representative. Page 68 (D) Any owner or operator of any sulfur dioxide emission source subject to this rule, shall document any compliance test or applicable emission tracking procedure, shall document compliance with any applicable emission rate limits and shall retain all data, calculations and reports from any performance test, fuel sample, or operating rate monitor utilized for the purpose of demonstrating compliance with the applicable emission limits, emission tracking requirements, or emission rate limits for a period of not less than five years and shall make such records available for inspection by and submittal to the DNER upon request. (E) Nothing in this rule shall be interpreted to prevent the DNER from issuing orders to require performance testing, or fuel sampling or to require record-keeping and reporting of emission information. Any such data may be used to further evaluate compliance with this rule. (F) Any owner or operator of any sulfur dioxide source subject to this rule, shall demonstrate compliance with the combined hourly emission limits by performing emission tests in accordance with V(A) and V(B) of this rule. Page 69 VI. Contingency Measures (A) If emission sources do not achieve compliance with the emission limits established in Rule 425 (II), (III) and (IV) by the dates provided in these subparagraphs, it will be subject to a compliance inspection and enforcement action. This includes expedited procedures for establishing enforceable consent agreements pending the adoption of revised SIPs. Any source that is found in violation of any compliance plan approved by the DNER or any requirement within such plan will be subject to sanctions specified in