D.C. Mun. Regs. tit. 20, § 805 – Reasonably Available Control Technology for Major Stationary Sources of the Oxides of Nitrogen

805

REASONABLY AVAILABLE CONTROL TECHNOLOGY FOR MAJOR STATIONARY SOURCES OF THE OXIDES OF NITROGEN

805.1

Applicability. The requirements of § 805 shall apply to any person pursuant to the following provisions:

(a) Any person owning, leasing, operating, or controlling any major stationary source having the potential to emit twenty-five (25) tons per year or greater of oxides of nitrogen shall comply with the requirements of § 805, excepting those specified in § 805.1(c).

(b) Any person owning, leasing, operating, or controlling a stationary source that is or was at any time subject to § 805 shall continue to comply with all requirements of § 805, even if emissions from the subject stationary source no longer exceed the twenty-five (25) ton per year applicability requirement of § 805.

(1) Any person subject to § 805 who is able to demonstrate to the Department that, since January 1, 1990, the major stationary source has not emitted, before the application of air pollution control equipment, twenty five (25) tons per year or greater of NOx in any year provided that:

(A) The person obtains a permit pursuant to 20 DCMR § 200.7 that limits the potential to emit to less than twenty-five (25) tons per year; and

(B) The permit is transmitted to and approved by EPA as a revision to the District's State Implementation Plan;

(2) Any fuel burning equipment having a heat input capacity of less than five million (5,000,000) BTU per hour;

(3) Any stationary engine having a maximum rated mechanical power output of less than fifty (50) horsepower;

(4) Any individual emission unit at a major stationary source of NOx having the potential to emit less than one (1) ton per year of NOx, except those emission units with specific requirements listed in §§ 805.4 - 805.7; and

(5) Emergency standby engines operated during any twelve (12) consecutive month period:

(A) Less than five hundred (500) hours for any purpose; and

(B) Less than one hundred (100) hours for maintenance and testing.

805.2 Alternative RACT. Any person regulated under § 805 may apply to the Department for an alternative emission limitation for a source-specific Reasonably Available Control Technology (alternative RACT).

(a) Any person may apply for an alternative RACT when submitting an application pursuant to § 200 for initial permitting of a new emissions unit or modification of an existing emissions unit.

(b) Any person operating an existing unit on the effective date of this regulation and seeking an alternative RACT shall apply to the Department by March 1, 2022.

(1) Demonstrate to the Department that it is not technologically or economically feasible for that emissions unit to comply with the applicable emission limitation;

(2) Provide to the Department a study of the capability of the emissions unit to apply the following NOx control options, their expected effectiveness, and their technological and economical feasibility:

(A) Low-NOx burners;

(B) Overfire air;

(D) Burners out of service;

(E) Selective non-catalytic reduction;

(F) Selective catalytic reduction; and

(G) Other control options required for evaluation by the Department; and

(3) Determine an emission limitation reflecting the application of RACT.

(d) Any alternative RACT emissions limitation must be approved by EPA through an amendment to the State Implementation Plan.

805.3 Permit Requirements. Any person subject to § 805 shall maintain a valid permit issued pursuant to § 200 of this title, which shall include the following:

(a) For all units subject to § 805:

(1) Emissions limits that are at least as stringent as those in §§ 805.4 - 805.7;

(2) Any alternative compliance plan submitted in accordance with § 805.5(g); or

(3) Emissions limits that are at least as stringent as those found to be reasonable under § 805.2; and

(b) Any requirements necessary to comply with §§ 805.9 through 805.11.

805.4 Stationary combustion turbines. Any person owning, leasing, operating, or controlling any stationary combustion turbine subject to § 805 shall comply with the following:

(a) Emission and operational requirements as follows:

(1) For any stationary combustion turbine that most recently commenced construction, modification, or reconstruction (as these terms are defined in 40 CFR §§ 60.2 and 60.15 as in effect on July 1, 2018) after February 18, 2005, and has a heat input rating greater than fifty million (50,000,000) BTU per hour, based on the higher heating value of the fuel:

(A) Emissions, with any supplemental duct burner firing, shall not be greater than:

(i) When fired on any combination of gaseous fuels, twenty-five parts per million by volume dry basis (

25 ppmvd), corrected to fifteen percent (15%) O₂; and

(ii) When fired on any combination of liquid fuels:

(I) On or after July 23, 2018, seventy-four (74) ppmvd, corrected to fifteen percent (15%) O₂; and

(II) On or after January 1, 2023, forty-two (42) ppmvd, corrected to fifteen percent (15%) O₂;

(B) Only the peak heat input rating of the stationary combustion turbine shall be included when determining whether § 805.4(a)(1) is applicable. Any additional heat input to associated heat recovery steam generators or duct burners shall not be included when determining the peak heat input to the stationary combustion turbine; and

(C) When fifty percent (50%) or more of the total heat input is from gaseous fuels, the emission limitation in § 805.4(a)(1)(A)(i) applies. Otherwise, the emission limitation in § 805.4(a)(1)(A)(ii) applies;

(2) For any stationary combustion turbine that most recently commenced construction, modification, or reconstruction (as these terms are defined in 40 CFR §§ 60.2 and 60.15 as in effect on July 1, 2018) on or before February 18, 2005, and has a heat input rating greater than fifty million (50,000,000) BTU per hour, based on the higher heating value of the fuel:

(A) Emissions from a stationary combustion turbine alone shall not be greater than:

(i) When fired on any combination of gaseous fuels, twenty-five (25) ppmvd, corrected to fifteen percent (15%) O₂; and

(ii) When fired on any combination of liquid fuels, except as provided in § 805.4(a)(2)(D):

(I) On or after July 23, 2018, seventy-four (74) ppmvd, corrected to fifteen percent (15%) O₂

2; and

(II) On or after January 1, 2023, forty-two (42) ppmvd, corrected to fifteen percent (15%) O2;

(B) Emissions from a stationary combustion turbine and all duct burners combined shall not be greater than twenty hundredths (0.20) pounds per million BTU, based on a calendar day average, when fired on any fuel or combination of fuels;

(C) Only the peak heat input rating of the stationary combustion turbine shall be included when determining whether § 805.4(a)(2) is applicable. Any additional heat input to associated heat recovery steam generators or duct burners shall not be included when determining the peak heat input to the stationary combustion turbine; and

(D) Any stationary combustion turbine being fired on liquid fuel, or any combination of gaseous and liquid fuels such that more than fifty percent (50%) of the total heat input is from liquid fuels, is not required to comply with the maximum allowable NOx emission rate in § 805.4(a)(2)(A)(ii) if it meets the following requirements:

(i) The only liquid fuel used is Number two (No. 2) fuel oil that does not contain sulfur in excess of fifteen parts per million (15 ppm) by weight, as determined in accordance with 20 DCMR § 502.6;

(ii) The turbine burns liquid fuel only during periods of natural gas curtailment, natural gas supply interruption, startups, or periodic testing on liquid fuel when such periodic testing does not exceed a combined total of forty-eight (48) hours during any calendar year;

(iii) The owner or operator maintains records of all instances of operation using liquid fuel, including the fuel used, the date and duration of the fuel use, the reason for operating using that fuel, and all notifications received from the natural gas supplier notifying the owner or operator of the beginning or

end of a natural gas interruption; and

(iv) The owner or operator maintains a running calendar year sum of the duration of all liquid fuel use each year for purposes of periodic testing;
(3) For any stationary combustion turbine with a heat input rating less than or equal to fifty million (50,000,000) BTU per hour and greater than ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel:
(A) With any supplemental duct burner firing, emissions shall not be greater than:
1. (i) When fired on any combination of gaseous fuels, twenty-five (25) ppmvd, corrected to fifteen percent (15%) O₂; and
2. (ii) When fired on any combination of liquid fuels, forty-two (42) ppmvd, corrected to fifteen percent (15%) O₂;
(B) Only the peak heat input rating of the stationary combustion turbine shall be included when determining whether or not § 805.4(a)(3) is applicable. Any additional heat input to associated heat recovery steam generators or duct burners shall not be included when determining the peak heat input to the stationary combustion turbine; and
(C) When fifty percent (50 %) or more of the total heat input is from gaseous fuels, the emission limitation in § 805.4(a)(3)(A)(i) applies, but when more than fifty percent (50 %) of the total heat input is from liquid fuels, the emission limitation in § 805.4(a)(3)(A)(ii) applies;
(4) For any stationary combustion turbine with a heat input rating less than or equal to ten million (10,000,000) BTU per hour and fired exclusively on natural gas:
(A) Compliance with § 805.4(a)(7) shall be maintained; and
(B) Only the peak heat input rating of the stationary combustion turbine shall be included when determining whether or not § 805.4(a)(4) is applicable. Any

additional heat input to associated heat recovery steam generators or duct burners shall not be included when determining the peak heat input to the stationary combustion turbine;

(5) No combustion turbine shall be fired on coal or a synthetic fuel derived from coal;
(6) Any stationary combustion turbine designed to be fired on any solid fuel other than coal or synthetic fuel derived from any other solid than coal shall comply with the requirements of §§ 805.4(a)(7) and 805.8;
(7) Any duct burner servicing a stationary combustion turbine regulated under § 805.4 is exempt from the requirements of § 805.5 ; and
(8) Any stationary combustion turbine subject to § 805 shall be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions at all times, including during startup, shutdown, and malfunction, and shall be maintained in accordance with one of the following:
(A) The manufacturer's emission-related written instructions; or
(B) An alternate written maintenance plan approved in writing by the Department;
(b) Any person required to comply with § 805.4 shall maintain continuous compliance through:
(1) Installation and operation of a continuous emissions monitoring system as specified in § 805.10(a)(1); or
(2) By testing as specified in § 805.10(a)(2) once within one hundred and eighty (180) days of either initial start-up of the unit or the date of the applicability of § 805 to the unit, whichever is later, and conducting subsequent testing as follows:
1. (A) For units with heat input ratings greater than ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel, subsequent tests shall be performed once each calendar year and no more than fourteen (14) calendar

months following the previous performance test, unless the previous performance test results show emissions are less than or equal to seventy-five percent (75%) of the applicable emission limit, in which case the subsequent test must be performed once during the next two calendar years and no more than twenty-six (26) calendar months following the previous performance test; and

(B) For units with heat input ratings less than or equal to ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel, and subject to a maximum allowable NOx emission rate in § 805.4, subsequent tests shall be performed once every five (5) calendar years and no more than sixty-two (62) months after the previous performance test; and

805.5 Fuel burning equipment. Any person owning, leasing, operating, or controlling any fuel burning equipment subject to § 805:

(a) After May 31, 1995, and ending December 31, 2021, for any fossil-fuel-fired steam-generating unit with a heat input capacity of twenty million (20,000,000) BTU per hour or greater shall, prior to May 1st of every year, adjust the combustion process in accordance with the procedure for doing so set forth at § 805.9;

(b) Beginning January 1, 2022, for any fuel burning equipment with a heat input capacity of five million (5,000,000) BTU per hour or greater shall, prior to November 1st of each year, adjust the combustion process in accordance with the procedure for doing so set forth at § 805.9; and

(c) After May 31, 1995, and ending December 31, 2022, any tangential- or face-fired, fossil-fuel-fired steam-generating unit powered exclusively by oil with a heat input capacity of fifty million (50,000,000) BTU per hour or greater and less than one hundred million (100,000,000) BTU per hour, shall not emit NOx at a rate greater than thirty-hundredths pound (0.30 lb) per million BTU, based on a calendar day average;

(d) After May 31, 1995, and ending December 31, 2022, any fossil-fuel-fired steam-generating unit with a heat input capacity of one hundred million (100,000,000) BTU per hour or greater, shall not emit NOx at an emission rate greater than the following maximum allowable NOx emission rate:

(1) For dry bottom coal-fired fossil-fuel-fired steam-generating units:

(A) Forty-three hundredths pound (0.43 lb) per million BTU, based on a calendar day average, for tangential or face-fired units; and

(B) Forty-three hundredths pound (0.43 lb) per million BTU, based on a calendar day average, for stoker-fired units;

(2) For non-coal fired fossil-fuel-fired steam-generating units:

(A) Twenty-five hundredths pound (0.25 lb) per million BTU, based on a calendar day average, for units powered by fuel oil or a combination of fuel oil and natural gas; and

(B) Twenty hundredths pound (0.20 lb) per million BTU, based on a calendar day average, for units powered exclusively by natural gas;

(e) Beginning January 1, 2023, fuel burning equipment with a heat input capacity of twenty-five million (25,000,000) BTU per hour or greater shall not emit NOx at an emission rate greater than the following maximum allowable NOx emission rate, unless an alternative compliance plan developed in accordance with § 805.5(g) has been approved by the Department prior to January 1, 2023:

(1) For dry bottom coal-fired fuel burning equipment:

(A) Twelve hundredths pound (0.12 lb) per million BTU, based on a calendar day average, for tangential- or face-fired equipment; and

(B) Twelve hundredths pound (0.12 lb) per million BTU, based on a calendar day average, for stoker-fired equipment;

(2) For non-coal-fired fuel burning equipment with a heat input capacity of one hundred million (100,000,000) BTU per hour or greater:

(A) Twelve hundredths pound (0.12 lb) per million BTU, based on a calendar day average, on days when the equipment is powered by fuel oil or a combination of fuel oil and natural gas; and

(B) Five hundredths pound (0.05 lb) per million BTU, based on a calendar day average, on days when the equipment is powered exclusively by natural gas;(3) For non-coal-fired fuel burning equipment with a heat input capacity of twenty-five million (25,000,000) BTU per hour or greater and less than one hundred million (100,000,000) BTU per hour:(A) Nine hundredths pound (0.09 lb) per million BTU, based on a calendar day average, on days when:- (i) the equipment is powered by fuel oil or a combination of fuel oil and natural gas; and,

- (ii) the unit is not limited through a permit pursuant to § 200 to only burn fuel oil or a combination of fuel oil and natural gas during periods of gas curtailment, gas supply interruption, startups, or for periodic testing, maintenance, or operator training on liquid fuel;(B) Twelve hundredths pound (0.12 lb) per million BTU, based on a calendar day average, on days when;- (i) the equipment is powered by fuel oil or a combination of fuel oil and natural gas; and,

- (ii) the unit is limited through a permit pursuant to § 200 to burn only fuel oil or a combination of fuel oil and natural gas during periods of gas curtailment, gas supply interruption, startups, or for periodic testing, maintenance, or operator training on liquid fuel; and(C) Five hundredths pound (0.05 lb) per million BTU, based on a calendar day average, on days when the equipment is powered exclusively by natural gas;(f) Any person required to comply with § 805.5 shall maintain continuous

compliance according to the following:

1. (1) For fuel burning equipment subject to § 805.5(a) or § 805.5(b), compliance will be determined by record keeping as detailed in § 805.9;

2. (2) For fuel burning equipment subject to § 805.5(d) or § 805.5(e) and with a heat input capacity of equal to or greater than one hundred million (100,000,000) BTU per hour, compliance shall be demonstrated by:

1. (A) installing a continuous emission monitoring system as specified in § 805.10(a)(1); and,

2. (B) record keeping as specified in § 805.11; and

3. (3) For fuel burning equipment subject to § 805.5(c) or § 805.5(e) and of a size smaller than one hundred million (100,000,000) BTU per hour, compliance shall be demonstrated by:

1. (A) testing as specified in § 805.10(a)(2), except that such sources may opt to comply with § 805.10(a)(1) in lieu of § 805.10(a)(2); and,

2. (B) record keeping as specified in § 805.11.(g) Alternative compliance with the requirements of § 805.5 can be demonstrated though the following:1. (1) Submittal by January 1, 2022, to the Department by the person owning, leasing, operating, or controlling those units of a plan to replace specific units subject to § 805.5 that:

1. (A) Implement the emissions limits in § 805.5(g)(1)(C) by replacement with an electrically-powered heat pump or technology with zero on-site emissions, approved by the Department;

2. (B) Provide additional capacity needed to provide heat to the buildings powered by the unit that is being replaced with either zero emissions technology or equipment that complies with the emission limits in § 805.5(g)(1)(C); and

3. (C) Implement the following emission limits if the unit is not

replaced in accordance with the plan:

(i) For dry bottom coal-fired fuel burning equipment, eight hundredths pound (0.08 lb) per million BTU, based on a calendar day average;

(ii) For fuel burning equipment with a heat input capacity of one hundred million (100,000,000) BTU per hour or greater powered by fuel oil or a combination of fuel oil and natural gas, eight hundredths pound (0.08 lb) per million BTU, based on a calendar day average;

(iii) For fuel burning equipment with a heat input capacity of twenty -five million (25,000,000) BTU per hour or greater and less than one hundred million (100,000,000) BTU per hour powered exclusively by natural gas, thirty-five thousandths pound (0.035 lb) per million BTU, based on a calendar day average;

(2) Approval by the Department, by June 1, 2022, of the plan and incorporation of requirements committed to in the plan into a permit issued pursuant to § 200 of this title; and

(3) Implementation of the approved plan by January 1, 2023.

805.6 Asphaltic concrete production. Any person owning, leasing, operating, or controlling any asphaltic concrete production equipment subject to § 805:

(a) After January 1, 2005, equipment that has the potential to emit twenty-five (25) tons per year of NOx or greater, shall not emit NOx at a rate greater than one hundred fifty (150) ppmvd at seven percent (7%) O2 and carbon monoxide to a level of five hundred (500) ppmvd at seven percent (7%) O2; and

(b) If required to comply with § 805.6, shall maintain continuous compliance, which shall be demonstrated by:

(1) installing and operating a continuous emissions monitoring system as specified in § 805.10(a)(1); or,

(2) testing as specified in § 805.10(a)(2), and record keeping as specified in § 805.11.

805.7 Stationary engines. Any person owning, leasing, operating or controlling any stationary engine subject to § 805:

(a) After August 3, 2022, for a stationary engine unit with a maximum rated power output of fifty (50) horsepower or greater, shall not emit NO_x at an emission rate greater than the following:
(1) For rich burn units fueled by gaseous or liquid fuels, seven tenths (0.7) grams per brake-horsepower hour;
(2) For lean burn units fueled by gaseous fuels, seven tenths (0.7) grams per brake-horsepower hour;
(3) For lean burn units fueled by liquid or dual fuels:
1. (A) With an approved permit pursuant to § 200 issued before August 3, 2023, six and five tenths (6.5) grams per brake-horsepower hour; and
2. (B) For which a permit pursuant to § 200 has been applied for, or for which an initial or modified permit pursuant to § 200 has been issued on or after August 3, 2023, two and three tenths (2.3) grams per brake-horsepower hour; and
(4) For units fueled by waste, landfill, or digester gases, six tenths (0.6) grams per brake-horsepower hour;
(b) If post-combustion controls are applied to the stationary engine in order to comply with the emission limits in § 805.7(a), emission controls shall be operating at full effectiveness as soon as possible, but not later than:
(1) the amount of time to achieve the manufacturer-recommended control device operating conditions, including but not limited to temperature, or
(2) an alternative time limit specified in a permit pursuant to § 200; and
(c) Any person subject to § 805.7 shall maintain the unit in accordance with the following requirements:
(1) -All stationary engines must have an installed non-resettable hour meter prior to the startup of the engine. For stationary engines installed before promulgation of this regulation a non-resettable

hour meter must be installed by August 3, 2023;

(2) The stationary engine and any after-treatment control device shall be operated and maintained in accordance with:
(A) the manufacturer's emission-related written instructions: or,
(B) a self-developed maintenance plan that, to the extent practicable, is consistent with good air pollution control practice for minimizing emissions; and
(3) Any person operating an existing non-black start compression ignition engine greater than or equal to 300 horsepower that is not equipped with a closed crankcase ventilation system shall:
(A) Follow the manufacturer's specified maintenance requirements for operating and maintaining the open or closed crankcase ventilation systems and replacing the crankcase filters; and
(B) Install a closed crankcase ventilation system that prevents crankcase emissions from being emitted to the atmosphere, or install an open crankcase filtration emission control system that reduces emissions from the crankcase by filtering the exhaust stream to remove oil mist, particulates and metals; and
(4) The following maintenance tasks must be performed in accordance with manufacturer's recommended schedules, or in accordance with the requirements of 40 CFR Part 63, Subpart ZZZZ, whichever is more frequent:
(A) Change oil and filter;
(B) For compression ignition engines, inspect the air cleaner;
(C) For spark ignition engines, inspect the spark plugs; and
(D) Inspect all hoses and belts.
(d) Any person subject to § 805.7 shall maintain continuous compliance and demonstrate compliance by record keeping in § 805.11 and:
(1) For engines seven (7) model years old or less and for which a Environment

manufacturer's certification is available, maintaining documentation that the manufacturer has certified that the engine will meet the emissions limits specified in § 805.7 (a); or

(2) For all engines older than seven (7) model years or any engine without a manufacturer's certification that meets the requirements of § 805.7(d)(1), testing as specified in § 805.10(a)(2), with the first test being required during the first year that this requirement is applicable to the engine, and record keeping as specified in § 805.11. Tests shall be conducted at the highest achievable steady-state load, which may require use of a load bank, but without creating an unsafe condition.

805.8 Other equipment. Any person owning, leasing, operating or controlling any major stationary source or part of a major stationary source subject to § 805, other than those particular types of emitting units addressed by §§ 805.4 through 805.7, shall:

(a) Apply to the Department for an emission limitation, through implementation of alternative RACT, as specified in § 805.2;

(b) Install and operate a continuous emissions monitoring system specified in § 805.10(a)(1) or conduct testing as specified in § 805.10(a)(2), and keep records as specified in § 805.11.

(c) If required to implement RACT, upon request of the Department, perform or have performed tests to demonstrate compliance in accordance with methods approved by the Department and EPA.

805.9 Tuning. Any person required to tune the combustion process of any major stationary source subject to the provisions of this section, excepting stationary engines subject to § 805.7, shall do so according to the following provisions:

(a) Persons performing tune-ups shall, at a minimum:

(1) As applicable, inspect the burner, and clean or replace any components of the burner as necessary for proper operation;

(2) Inspect the flame pattern, as applicable, and adjust the burner as necessary to optimize the flame pattern. The adjustment should be consistent with the manufacturer's specifications, if available;

(3) Inspect the system controlling the air-to-fuel ratio, as applicable, and ensure that it is correctly calibrated and functioning properly;

(4) Optimize total emissions of NO_x, and to the extent possible, CO. This optimization should be consistent with the manufacturer's specifications, if available, and shall be consistent with any NO_x and CO requirements to which the unit is subject; and
(5) Measure the concentrations in the effluent stream of CO and NO_x in ppmvd and O₂ in percent by volume dry basis, before and after the adjustments are made. Measurements may be taken using a portable analyzer;(b) Tune-ups shall be conducted every calendar year, not to exceed 13 months from the date of the last tune-up, or within 30 days of start up for any unit not operating on the required date for the tune-up, except in the following cases:- (1) Tune-ups shall be conducted every two (2) years, not to exceed twenty-five (25) months from the date of the last tune-up, for any fuel burning equipment of a size smaller than twenty million (20,000,000) BTU per hour; and
(2) Notwithstanding § 805.9 (b)(1), tune-ups may be conducted every five (5) years, not to exceed sixty-one (61) months from the date of the last tune-up, for the following:
(A) Boilers with an oxygen trim system that maintains an optimum air-to-fuel ratio;
(B) Seasonal boilers; and
(C) Limited-use boilers; and(c) Any person required to tune the combustion process of any major stationary source subject to this section shall maintain, in a permanently bound log book or another format approved in writing by the Department, the following information:- (1) The date on which the combustion process was last tuned-up;
(2) The name, title, and affiliation of the person who performed the tune-up;
(3) The NO_x concentrations in the effluent stream, in ppmvd, measured at high fire or typical operating load, before and after the

tune-up;

(4) The CO concentrations in the effluent stream, in ppmvd, measured at high fire or typical operating load, before and after the tune-up;

(5) The CO2 concentrations in the effluent stream, in percent by volume dry basis, measured at high fire or typical operating load, before and after the tune-up;

(6) The O2 concentrations in the effluent stream, in percent by volume dry basis, measured at high fire or typical operating load, before and after the tune-up;

(7) A description of any corrective actions taken as a part of the tune-up of the unit;

(8) The type and amount of fuel used over the 12 months prior to the tune-up of the unit, but only if the unit was physically and legally capable of using more than one type of fuel during that period, except that units sharing a fuel meter may estimate the fuel use by each unit; and

(9) Any other information that the Department may require.

805.10 Monitoring and testing.

(a) Any person required under § 805 to use emissions monitoring systems or testing to determine compliance with emissions limits shall:

(1) For an emissions monitoring system:

(A) Follow the procedures set forth in 40 CFR 60 Appendix B as applicable to NOx monitoring. Facilities which are required to comply with § 306 or § 1002 of this title, may follow the procedures set forth in 40 CFR 75 in lieu of 40 CFR 60 Appendix B;

(B) Continuously monitor the NOx emission rate from the major stationary source;

(D) Install and operate the system in a manner approved by the

Department and acceptable to EPA; and

(E) Demonstrate that the NOx, emission rate does not exceed the RACT emission limitations as applicable to the unit under § 805 and contained in the permit issued pursuant to § 200 of this title;

(2) For testing:

(A) Conduct testing using methods approved by the Department and acceptable to EPA;

(B) Demonstrate that the NOx emission rate does not exceed the RACT emission limitations as applicable to the unit under § 805 and contained in the permit issued pursuant to § 200 of this title; and

(i) For asphaltic concrete production equipment subject to § 805.6, testing shall be conducted before May 1st of each year;

(ii) For stationary combustion turbines subject to § 805.4, testing shall be conducted as follows:

(I) Once within one hundred and eighty (180) days of either initial start-up of the unit or the date of the applicability of § 805 to the unit, whichever is later;

(II) For units with heat input ratings greater than ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel, and subject to a maximum allowable NOx emission rate in § 805.4, subsequent tests shall be performed once each calendar year and no more than fourteen (14) calendar months following the previous performance test, unless the performance test results show emissions are less than or equal to seventy-five percent (75%) of the applicable emission limit, in which case the subsequent test must be performed once

during the next two calendar years and no more than twenty-six (26) calendar months following the previous performance test; and

(III) For units with heat input ratings less than or equal to ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel, and subject to a maximum allowable NOx emission rate in § 805.4, subsequent tests shall be performed once every five (5) calendar years and no more than sixty-two (62) months after the previous performance test.

(iii) For all other units subject to § 805, before December 31st of every fifth year, counting from December 31, 2021 or a date stipulated in a permit issued pursuant to § 200, whichever is earlier, unless the Department requires a more frequent testing schedule in a permit issued pursuant to § 200 ; and

(b) Any person required to implement RACT shall, upon request of the Department, perform or have performed tests to demonstrate compliance with emission limits in accordance with methods approved by the Department and EPA; and

(c) Testing performed to verify compliance with emission limits shall be based on a period during which the emission unit or air pollution control equipment is used and operated under conditions acceptable to the Department and the EPA, and consistent with the operational parameters and limits set forth in any permit issued pursuant to § 200 of this title.

805.11 Record keeping. Any person required to implement RACT shall:

(a) Prepare and maintain records sufficient to demonstrate compliance consistent with the applicable standard;

(b) Keep these records on-site for five (5) years; and

(c) Make these records available to representatives of the Department and EPA in accordance with the requirements in any permit issued pursuant to § 200 of this title or upon request.

SOURCE: Final Rulemaking published at 38 DCR 8105, 8156 (November 19, 1993); as Final Rulemaking published at 47 DCR 9692 (December 8, 2000); as Final Rulemaking published at 47 DCR 8644 (October 27, 2000) [EXPIRED]; as Final Rulemaking published at 51 DCR 3877 (April 16, 2004); as amended by Final Rulemaking published at 65 DCR 13498 (December 14, 2018); as amended by Final Rulemaking 68 DCR 012420 (November 26, 2021).