SECTION 252:100-17-27. Compliance schedules

(a)   All MWC units must close or be in compliance with all requirements contained in this Part within 3 years following approval of the State plan. However, all MWC units for which construction, modification, or reconstruction is commenced after June 26, 1987 shall comply with the emission limit for mercury specified in 252:100-17-17(c) and the emission limit for dioxin/furans specified in 252:100-17-19 within 1 year following issuance of a revised construction or operating permit, if a permit modification is required, or within 1 year following approval of the State plan, whichever is later.

(b)   All MWC units choosing to comply with all requirements contained in this Part in more than 1 year but less than 3 years following the date of issuance of a revised construction or operation permit if a permit modification is required, or more than 1 year but less than 3 years following approval of the State plan if a permit modification is not required, shall enter into a consent order that includes measurable and enforceable incremental steps of progress toward compliance. These steps are specified below:

(1)   Date for submittal of the final control plan to the DEQ.

(2)   Date for obtaining services of an architectural and engineering firm regarding the air pollution control device(s).

(3)   Date for initiation of installation of the air pollution control device(s).

(4)   Date for completion of installation of the air pollution control device(s).

(5)   Date for final compliance.

(c)   All MWC units with a compliance schedule of more than 1 year after approval of the State plan in accordance with paragraph (b) of this section, shall provide performance test results for dioxin/furan emissions for each unit. However, where the MWC owner/operator can demonstrate that multiple units have the same design, operate with the same fuel, have the same operating parameters, and are expected to have similar emission levels, the results of a dioxin/furan test from one unit may be provided as representative of all such units. The performance test results shall have been conducted during or after 1990. The performance test shall be conducted according to the procedures in 252:100-17-25.

(d)   All MWC units intending to close in more than 1 year but less than 3 years after State plan approval shall enter into a consent order to close. The closure order must include the date of plant closure.

[Source: Added at 15 Ok Reg 2591, eff 6-25-98]