[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR76.11]

[Page 451-454]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 76--ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM--Table of Contents
 
Sec. 76.11  Emissions averaging.

    (a) General provisions. In lieu of complying with the applicable 
emission limitation in Sec. 76.5, 76.6, or 76.7, any affected units 
subject to such emission limitation, under control of the same owner or 
operator, and having the same designated representative may average 
their NOX emissions under an averaging plan approved under 
this section.
    (1) Each affected unit included in an averaging plan for Phase I 
shall be a Phase I unit with a Group 1 boiler subject to an emission 
limitation in Sec. 76.5 during all years for which the unit is included 
in the plan.
    (i) If a unit with an approved NOX compliance extension 
is included in an averaging plan for 1996, the unit shall be treated, 
for the purposes of applying Equation 1 in paragraph (a)(6) of this 
section and Equation 2 in paragraph

[[Page 452]]

(d)(1)(ii)(A) of this section, as subject to the applicable emissions 
limitation under Sec. 76.5 for the entire year 1996.
    (ii) A Phase II unit approved for early election under Sec. 76.8 
shall not be included in an averaging plan for Phase I.
    (2) Each affected unit included in an averaging plan for Phase II 
shall be a boiler subject to an emission limitation in Sec. 76.5, 76.6, 
or 76.7 for all years for which the unit is included in the plan.
    (3) Each unit included in an averaging plan shall have an 
alternative contemporaneous annual emission limitation (lb/mmBtu) and 
can only be included in one averaging plan.
    (4) Each unit included in an averaging plan shall have a minimum 
allowable annual heat input value (mmBtu), if it has an alternative 
contemporaneous annual emission limitation more stringent than that 
unit's applicable emission limitation under Sec. 76.5, 76.6, or 76.7, 
and a maximum allowable annual heat input value, if it has an 
alternative contemporaneous annual emission limitation less stringent 
than that unit's applicable emission limitation under Sec. 76.5, 76.6, 
or 76.7.
    (5) The Btu-weighted annual average emission rate for the units in 
an averaging plan shall be less than or equal to the Btu-weighted annual 
average emission rate for the same units had they each been operated, 
during the same period of time, in compliance with the applicable 
emission limitations in Sec. 76.5, 76.6, or 76.7.
    (6) In order to demonstrate that the proposed plan is consistent 
with paragraph (a)(5) of this section, the alternative contemporaneous 
annual emission limitations and annual heat input values assigned to the 
units in the proposed averaging plan shall meet the following 
requirement:
[GRAPHIC] [TIFF OMITTED] TR13AP95.000


where:

RLi = Alternative contemporaneous annual emission limitation 
for unit i, lb/mmBtu, as specified in the averaging plan;
Rli = Applicable emission limitation for unit i, lb/mmBtu, as 
specified in Sec. 76.5, 76.6, or 76.7 except that for early election 
units, which may be included in an averaging plan only on or after 
January 1, 2000, Rli shall equal the most stringent 
applicable emission limitation under Sec. 76.5 or 76.7;
HIi = Annual heat input for unit i, mmBtu, as specified in 
the averaging plan;
n = Number of units in the averaging plan.

    (7) For units with an alternative emission limitation, 
Rli shall equal the applicable emissions limitation under 
Sec. 76.5, 76.6, or 76.7, not the alternative emissions limitation.
    (8) No unit may be included in more than one averaging plan.
    (b)(1) Submission requirements. The designated representative of a 
unit meeting the requirements of paragraphs (a)(1), (a)(2), and (a)(8) 
of this section may submit an averaging plan (or a revision to an 
approved averaging plan) to the permitting authority(ies) at any time up 
to and including January 1 (or July 1, if the plan is restricted to 
units located within a single permitting authority's jurisdiction) of 
the calendar year for which the averaging plan is to become effective.
    (2) The designated representative shall submit a copy of the same 
averaging plan (or the same revision to an approved averaging plan) to 
each permitting authority with jurisdiction over a unit in the plan.
    (3) When an averaging plan (or a revision to an approved averaging 
plan) is not approved, the owner or operator of each unit in the plan 
shall operate the unit in compliance with the emission limitation that 
would apply in the absence of the averaging plan (or revision to a 
plan).

[[Page 453]]

    (c) Contents of NOX averaging plan. A complete 
NOX averaging plan shall include the following elements in a 
format prescribed by the Administrator:
    (1) Identification of each unit in the plan;
    (2) Each unit's applicable emission limitation in Sec. 76.5, 76.6, 
or 76.7;
    (3) The alternative contemporaneous annual emission limitation for 
each unit (in lb/mmBtu). If any of the units identified in the 
NOX averaging plan utilize a common stack pursuant to 
Sec. 75.17(a)(2)(i)(B) of this chapter, the same alternative 
contemporaneous emission limitation shall be assigned to each such unit 
and different heat input limits may be assigned;
    (4) The annual heat input limit for each unit (in mmBtu);
    (5) The calculation for Equation 1 in paragraph (a)(6) of this 
section;
    (6) The calendar years for which the plan will be in effect; and
    (7) The special provisions in paragraph (d)(1) of this section.
    (d) Special provisions. (1) Emission limitations. Each affected unit 
in an approved averaging plan is in compliance with the Acid Rain 
emission limitation for NOX under the plan only if the 
following requirements are met:
    (i) For each unit, the unit's actual annual average emission rate 
for the calendar year, in lb/mmBtu, is less than or equal to its 
alternative contemporaneous annual emission limitation in the averaging 
plan; and
    (A) For each unit with an alternative contemporaneous emission 
limitation less stringent than the applicable emission limitation in 
Sec. 76.5, 76.6, or 76.7, the actual annual heat input for the calendar 
year does not exceed the annual heat input limit in the averaging plan;
    (B) For each unit with an alternative contemporaneous annual 
emission limitation more stringent than the applicable emission 
limitation in Sec. 76.5, 76.6, or 76.7, the actual annual heat input for 
thecalendar year is not less than the annual heat input limit in the 
averaging plan; or
    (ii) If one or more of the units does not meet the requirements 
under paragraph (d)(1)(i) of this section, the designated representative 
shall demonstrate, in accordance with paragraph (d)(1)(ii)(A) of this 
section (Equation 2) that the actual Btu-weighted annual average 
emission rate for the units in the plan is less than or equal to the 
Btu-weighted annual average rate for the same units had they each been 
operated, during the same period of time, in compliance with the 
applicable emission limitations in Sec. 76.5, 76.6, or 76.7.
    (A) A group showing of compliance shall be made based on the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR13AP95.001


where:

Rai = Actual annual average emission rate for unit i, lb/
mmBtu, as determined using the procedures in part 75 of this chapter. 
For units in an averaging plan utilizing a common stack pursuant to 
Sec. 75.17(a)(2)(i)(B) of this chapter, use the same NOX 
emission rate value for each unit utilizing the common stack, and 
calculate this value in accordance with appendix F to part 75 of this 
chapter;
Rli = Applicable annual emission limitation for unit i lb/
mmBtu, as specified in Sec. 76.5, 76.6, or 76.7, except that for early 
election units, which may be included in an averaging plan only on or 
after January 1, 2000, Rli shall equal the most stringent 
applicable emission limitation under Sec. 76.5 or 76.7;
HIai = Actual annual heat input for unit i, mmBtu, as 
determined using the procedures in part 75 of this chapter;
n = Number of units in the averaging plan.

    (B) For units with an alternative emission limitation, 
Rli shall equal the applicable emission limitation under

[[Page 454]]

Sec. 76.5, 76.6, or 76.7, not the alternative emission limitation.
    (C) If there is a successful group showing of compliance under 
paragraph (d)(1)(ii)(A) of this section for a calendar year, then all 
units in the averaging plan shall be deemed to be in compliance for that 
year with their alternative contemporaneous emission limitations and 
annual heat input limits under paragraph (d)(1)(i) of this section.
    (2) Liability. The owners and operators of a unit governed by an 
approved averaging plan shall be liable for any violation of the plan or 
this section at that unit or any other unit in the plan, including 
liability for fulfilling the obligations specified in part 77 of this 
chapter and sections 113 and 411 of the Act.
    (3) Withdrawal or termination. The designated representative may 
submit a notification to terminate an approved averaging plan in 
accordance with Sec. 72.40(d) of this chapter, no later than October 1 
of the calendar year for which the plan is to be withdrawn or 
terminated.