Technical Support Document (TSD)
for the final Transport Rule
Docket ID No. EPA-HQ-OAR-2009-0491

Acid Rain Program NOx Averaging Plans Final Rule TSD

U.S. Environmental Protection Agency
Office of Air and Radiation
June 2011

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Acid Rain Program NOx Averaging Plans Final Rule TSD

This Technical Support Document (TSD) provides information on owners' and operators' use of
common designated representatives for purposes of complying with emissions limitations in the
Acid Rain Program, particularly in circumstances involving multiple owners and operators and
multiple sources.

Under 40 CFR part 76 of the Acid Rain Program regulations, certain units (specifically, coal-fired
boilers of certain types) are subject to individual NOx emissions limitations expressed in
lb/mmBtu. In lieu of unit-level compliance with individual NOx emissions limitations, owners
and operators may elect under ' 76.11 to submit a compliance plan in which a group of such units,
which the owners and operators select, must meet a group NOx emissions limitation, rather than
individual NOx emissions limitations for each unit. Such compliance plans are referred to as
Acid Rain Program NOx averaging plans (NOx averaging plans). Under such NOx averaging
plans, the Btu-weighted annual average emission rate for all the units in the plan must 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 their applicable individual NOx
emissions limitation under ' ' 76.5, 76.6, or 76.7 (see 40 CFR 76.11(a)(5)).

A NOx averaging plans gives owners and operators greater flexibility to comply with Acid Rain
Program NOx requirements. Units that might have difficulty meeting their individual NOx
emissions limitations can be grouped with units that are operating, or can more easily operate,
below their individual NOx emissions limitations. As long as the annual average group NOx rate
is at or below the annual average group NOx emissions limitation, each unit in the averaging plan
is deemed to be in compliance with its individual NOx emissions limitation, even if a unit operated
above its individual NOx emissions limitation under ' ' 76.5, 76.6, or 76.7.

Among the requirements that an averaging plan must meet under ' 76.11 is that all of the units in a
specific NOx averaging plan must be under the control of the same owner and operator (e.g., have
the same majority owner or the same operator) and must have a common designated representative
(see 40 CFR 76.11(a)). The three averaging plans described below (and attached, along with the
applicable EPA Source Management System printout identifying the owners and operators, to this
TSD) are examples of averaging plans that were in effect under the Acid Rain Program for
calendar year 2010.

San Juan Averaging Plan (Plant Code 2451), New Mexico, Signature Date: July 23, 2010.

One approach that owners and operators take in designing NOx averaging plans is to group the
units at a specific source (facility) into one NOx averaging plan. Such is the case for plan for the
San Juan facility, in which all four units at the facility are covered for calendar years 2010 through
2014.1 Note that the four units in the NOx averaging plan have the same individual as the

1 The referenced NOx averaging plan is the most current plan submitted for inclusion in the

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designated representative (i.e., Gregory D. Smith, who is the common designated representative),
as reflected in the NOx averaging plan, and are owned by nine separate owners and operated by
one owner/operator, as reflected in the EPA Source Management System printout dated June 27,
2011.

Each source, and all units at the source, must have one designated representative, who makes,
signs, and certifies all submissions to EPA or the permitting authority under the Acid Rain
Program concerning any of the affected units at the source. See 40 CFR 72.20(a)). The
designated representative for a source, or group of sources, is designated through submission to
EPA, by the individual selected by the owners and operators, of a certificate of representation.
See 40 CFR 72.20(b). While in order to participate in a single NOx averaging plan a group of
units must be under the control of the same owner or operator as well as having a common
designated representative, a group of units can have a common designated representative, for
purposes other than participation in a NOx averaging plan, whether or not they are controlled by
the same owner or operator. A certificate of representation includes, among other things,
information on the identification of the sources involved, the affected units at each such source, the
owners and operators of each such unit and source, and the individual who is selected as the
designated representative and authorized to submit, sign, and certify each submission under the
Acid Rain Program. See 40 CFR 72.24(a). The responsibilities, and requirements for
designating an individual as the designated representative are analogous under the Acid Rain
Program and the Transport Rule trading programs.

J.H. Campbell (et al.) Averaging Plan (Plant Code 1710), Michigan, Signature Date: June
20, 2007.

Another approach that owners and operators take in designing NOx averaging plans is to group
units from multiple sources into one NOx averaging plan. Such is the case for the NOx averaging
plan covering units at the J.H. Campbell facility, which also covers 19 units at the B.C. Cobb, Dan
E. Karn, J.C. Weadock, and J.R. Whiting facilities, for calendar years 2007 through 2011.2 Note
that the 15 units at five sources in the NOx averaging plan have the same individual as the
designated representative (i.e., James R. Coddington, who is the common designated
representative), as reflected in the NOx averaging plan, and are owned by 13 separate owners and
operated by one owner/operator, as reflected in the EPA Source Management System printouts
dated June 27, 2011.

Rockport (et al.) Averaging Plan (Plant Code 6166), Indiana, Signature Date: December 19,

renewal of the permit covering San Juan. The same four units have been in identically configured
NOx averaging plans since 2000, when the units first became subject to Acid Rain Program NOx
emissions limitations.

2 The referenced NOx averaging plan is the most current plan submitted for inclusion in the
renewal of the permits covering J.H. Campbell and the other facilities identified in this plan. The
same 15 units have been in identically configured averaging plans since 2001.

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2007.

This is another example of the approach that owners and operators take in designing NOx
averaging plans of grouping units from multiple sources into one NOx averaging plan. This NOx
averaging plan covering units at the Rockport facility covers 53 units at 21 facilities in eight states.
Note that the 53 units at the 21 facilities in averaging plan have the same individual as the
designated representative (i.e., John M. McManus, who is the common designated representative),
as reflected in the NOx averaging plan, and are owned by nine separate owners and operated by
eight owner/operators that are wholly owned subsidiaries of American Electric Power Company,3
as reflected in the EPA Source Management System printouts dated June 27, 2011.

3 In tabulating the number of different owners whose units are covered by the referenced NOx
averaging plan, the companies (and their subsidiaries, if any) that are directly or indirectly owned
by American Electric Power Company, Inc. (i.e., Appalachian Power Company, Central Operating
Company, Columbus Southern Power Company, Indiana Michigan Power Company, Kentucky
Power Company, Ohio Power Company, Public Service Company of Oklahoma, Southwestern
Electric Power Company, and West Texas Utilities Company) were counted as a single owner.
The eight other owners (Arkansas Electric Cooperative Corporation, City of Brownsville,
Buckeye Power, Inc., Central Power and Light Company, Cincinnati Gas & Electric Power
Company, Dayton Power and Light Company, Northeast Texas Electric Cooperative, and
Oklahoma Municipal Power Authority) are not owned by American Electric Power Company, Inc.

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