[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: 40CFR76.8]
[Page 444-445]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 76--ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM--Table of Contents
Sec. 76.8 Early election for Group 1, Phase II boilers.
(a) General provisions. (1) The owner or operator of a Phase II
coal-fired utility unit with a Group 1 boiler may elect to have the unit
become subject to the applicable emissions limitation for NOX
under Sec. 76.5, starting no later than January 1, 1997.
(2) The owner or operator of a Phase II coal-fired utility unit with
a Group 1 boiler that elects to become subject to the applicable
emission limitation under Sec. 76.5 shall not be subject to Sec. 76.7
until January 1, 2008, provided the designated representative
demonstrates that the unit is in compliance with the limitation under
Sec. 76.5, using the methods and procedures specified in part 75 of this
chapter, for the period beginning January 1 of the year in which the
early election takes effect (but not later than January 1, 1997) and
ending December 31, 2007.
(3) The owner or operator of any Phase II unit with a cell burner
boiler that converts to conventional burner technology may elect to
become subject to the applicable emissions limitation under Sec. 76.5
for dry bottom wall-fired boilers, provided the owner or operator
complies with the provisions in paragraph (a)(2) of this section.
(4) The owner or operator of a Phase II unit approved for early
election shall not submit an application for an alternative emissions
limitation demonstration period under Sec. 76.10 until the earlier of:
(i) January 1, 2008; or
(ii) Early election is terminated pursuant to paragraph (e)(3) of
this section.
(5) The owner or operator of a Phase II unit approved for early
election may not incorporate the unit into an averaging plan prior to
January 1, 2000. On or after January 1, 2000, for purposes of the
averaging plan, the early election unit will be treated as subject to
the applicable emissions limitation for NOX for Phase II
units with Group 1 boilers under Sec. 76.7.
(b) Submission requirements. In order to obtain early election
status, the designated representative of a Phase II unit with a Group 1
boiler shall submit an early election plan to the Administrator by
January 1 of the year the early election is to take effect, but not
later than January 1, 1997. Notwithstanding Sec. 72.40 of this chapter,
and unless the unit is a substitution unit under Sec. 72.41 of this
chapter or a compensating unit under Sec. 72.43 of this chapter, a
complete compliance plan covering the unit shall not include the
provisions for SO2 emissions under Sec. 72.40(a)(1) of this
chapter.
(c) Contents of an early election plan. A complete early election
plan shall include the following elements in a format prescribed by the
Administrator:
(1) A request for early election;
(2) The first year for which early election is to take effect, but
not later than 1997; and
(3) The special provisions under paragraph (e) of this section.
(d)(1) Permitting authority's action. To the extent the
Administrator determines that an early election plan complies with the
requirements of this section, the Administrator will approve the plan
and:
(i) If a Phase I Acid Rain permit governing the source at which the
unit is located has been issued, will revise the permit in accordance
with the permit modification procedures in Sec. 72.81 of this chapter to
include the early election plan; or
(ii) If a Phase I Acid Rain permit governing the source at which the
unit is located has not been issued, will issue
[[Page 445]]
a Phase I Acid Rain permit effective from January 1, 1995 through
December 31, 1999, that will include the early election plan and a
complete compliance plan under Sec. 72.40(a) of this chapter and
paragraph (b) of this section. If the early election plan is not
effective until after January 1, 1995, the permit will not contain any
NOX emissions limitations until the effective date of the
plan.
(2) Beginning January 1, 2000, the permitting authority will approve
any early election plan previously approved by the Administrator during
Phase I, unless the plan is terminated pursuant to paragraph (e)(3) of
this section.
(e) Special provisions--(1) Emissions limitations--(i) Sulfur
dioxide. Notwithstanding Sec. 72.9 of this chapter, a unit that is
governed by an approved early election plan and that is not a
substitution unit under Sec. 72.41 of this chapter or a compensating
unit under Sec. 72.43 of this chapter shall not be subject to the
following standard requirements under Sec. 72.9 of this chapter for
Phase I:
(A) The permit requirements under Secs. 72.9(a)(1) (i) and (ii) of
this chapter;
(B) The sulfur dioxide requirements under Sec. 72.9(c) of this
chapter; and
(C) The excess emissions requirements under Sec. 72.9(e)(1) of this
chapter.
(ii) Nitrogen oxides. A unit that is governed by an approved early
election plan shall be subject to an emissions limitation for
NOX as provided under paragraph (a)(2) of this section except
as provided under paragraph (e)(3)(iii) of this section.
(2) Liability. The owners and operators of any unit governed by an
approved early election plan shall be liable for any violation of the
plan or this section at that unit. The owners and operators shall be
liable, beginning January 1, 2000, for fulfilling the obligations
specified in part 77 of this chapter.
(3) Termination. An approved early election plan shall be in effect
only until the earlier of January 1, 2008 or January 1 of the calendar
year for which a termination of the plan takes effect.
(i) If the designated representative of the unit under an approved
early election plan fails to demonstrate compliance with the applicable
emissions limitation under Sec. 76.5 for any year during the period
beginning January 1 of the first year the early election takes effect
and ending December 31, 2007, the permitting authority will terminate
the plan. The termination will take effect beginning January 1 of the
year after the year for which there is a failure to demonstrate
compliance, and the designated representative may not submit a new early
election plan.
(ii) The designated representative of the unit under an approved
early election plan may terminate the plan any year prior to 2008 but
may not submit a new early election plan. In order to terminate the
plan, the designated representative must submit a notice under
Sec. 72.40(d) of this chapter by January 1 of the year for which the
termination is to take effect.
(iii)(A) If an early election plan is terminated any year prior to
2000, the unit shall meet, beginning January 1, 2000, the applicable
emissions limitation for NOX for Phase II units with Group 1
boilers under Sec. 76.7.
(B) If an early election plan is terminated in or after 2000, the
unit shall meet, beginning on the effective date of the termination, the
applicable emissions limitation for NOX for Phase II units
with Group 1 boilers under Sec. 76.7.
[60 FR 18761, Apr. 13, 1995, as amended at 61 FR 67163, Dec. 19, 1996]