[29 Pa.B. 1319]
[Continued from previous Web Page] (2) Receipt of complete application. Upon receipt by the NOx Budget Administrator of a complete application for a general account under paragraph (1):
(i) The NOx Budget Administrator will establish a general account for the person for whom the application is submitted.
(ii) The NOx authorized account representative and any alternate NOx authorized account representative for the general account shall represent and, by his representations, actions, inactions or submissions, legally bind each person who has an ownership interest with respect to NOx allowances held in the general account in all matters pertaining to the NOx Budget Trading Program, not- withstanding an agreement between the NOx authorized account representative or an alternate NOx authorized account representative and the person. This person shall be bound by any order or decision issued to the NOx authorized account representative or an alternate NOx authorized account representative by the Department, Administrator or a court regarding the general account.
(iii) Each submission concerning the general account shall be submitted, signed and certified by the NOx authorized account representative or an alternate NOx authorized account representative for the persons having an ownership interest with respect to NOx allowances held in the general account. Each submission shall include the following certification statement by the NOx authorized account representative or an alternate NOx authorized account representative:
''I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the NOx allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.''(iv) The NOx Budget Administrator will accept or act on a submission concerning the general account only if the submission has been made, signed and certified in accordance with subparagraph (iii).
(3) Representative designation.
(i) An application for a general account may designate only one NOx authorized account representative and one alternate NOx authorized account representative who may act on behalf of the NOx authorized account representative. The agreement by which the alternate NOx authorized account representative is selected shall include a procedure for authorizing the alternate NOx authorized account representative to act in lieu of the NOx authorized account representative.
(ii) Upon receipt by the NOx Budget Administrator of a complete application for a general account under paragraph (1), any representation, action, inaction or submission by an alternate NOx authorized account representative shall be deemed to be a representation, action, inaction or submission by the NOx authorized account representative.
(4) Revising the account representative.
(i) The NOx authorized account representative for a general account may be changed at any time upon receipt by the NOx Budget Administrator of a superseding complete application for a general account under paragraph (1). Notwithstanding a change, the representations, actions, inactions and submissions by the previous NOx authorized account representative prior to the time and date when the NOx Budget Administrator receives the superseding application for a general account shall be binding on the new NOx authorized account representative and the persons with an ownership interest with respect to the allowances in the general account.
(ii) The alternate NOx authorized account representative for a general account may be changed at any time upon receipt by the NOx Budget Administrator of a superseding complete application for a general account under paragraph (1). Notwithstanding a change, the representations, actions, inactions and submissions by the previous alternate NOx authorized account representative prior to the time and date when the NOx Budget Administrator receives the superseding application for a general account shall be binding on the new alternate NOx authorized account representative and the persons with an ownership interest with respect to the allowances in the general account.
(iii) A revision of ownership listing shall include the following:
(A) If a new person having an ownership interest with respect to NOx allowances in the general account is not included in the list of persons in the account certificate of representation, the new person shall be subject to and bound by the account certificate of representation, the representation, actions, inactions and submissions of the NOx authorized account representative and any alternate NOx authorized account representative of the source or unit, and the decisions, orders, actions and inactions of the NOx Budget Administrator, as if the new person were included in the list.
(B) Within 30 days following any change in the persons having an ownership interest with respect to NOx allowances in the general account, including the addition of persons, the NOx authorized account representative or an alternate NOx authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the NOx allowances in the general account to include the change.
(5) Reliance on application.
(i) Once a complete application for a general account under paragraph (1) has been submitted and received, the NOx Budget Administrator will rely on the application until a superseding complete application for a general account under paragraph (1) is received by the NOx Budget Administrator.
(ii) Except as provided in paragraph (4), no objection or other communication submitted to the NOx Budget Administrator concerning the authorization, or any representation, action, inaction or submission of the NOx authorized account representative or any alternate NOx authorized account representative for a general account will affect any representation, action, inaction or submission of the NOx authorized account representative or an alternate NOx authorized account representative or the finality of an decision or order by the Department or NOx Budget Administrator under the NOx Budget Trading Program.
(iii) The Department or NOx Budget Administrator will not adjudicate a private legal dispute concerning the authorization or representation, action, inaction or submission of the NOx authorized account representative or any alternate NOx authorized account representative for a general account, including private legal disputes concerning the proceeds of NOx allowance transfers.
(c) Account identification. The NOx Budget Administrator will assign a unique identifying number to each account established under subsection (a) or (b).
§ 145.52. NOx Allowance Tracking System responsibilities of NOx authorized account representative.
(a) Establishment of account. Following the establishment of an NOx Allowance Tracking System account, the submissions to the Department or the NOx Budget Administrator pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of NOx allowances in the account, shall be made only by the NOx authorized account representative for the account.
(b) Authorized account representative identification. The NOx Budget Administrator will assign a unique identifying number to each NOx authorized account representative.
§ 145.53. Recordation of NOx allowance allocations.
(a) The NOx Budget Administrator will record the NOx allowances for 2003 in the NOx budget units' compliance accounts and the allocation set-asides, as allocated under §§ 145.40--145.42 (relating to NOx allowance allocations). The NOx Budget Administrator will also record the NOx allowances allocated under § 145.88(a)(1) (relating to NOx allowance allocations to opt-in units) for each NOx budget opt-in source in its compliance account.
(b) Each year, after the NOx Budget Administrator has made all deductions from a NOx budget unit's compliance account and the overdraft account under § 145.54 (relating to compliance), the NOx Budget Administrator will record NOx allowances, as allocated to the unit under §§ 145.40--145.42 or under § 145.88(a)(2), in the compliance account for the year after the last year for which allowances were previously allocated to the compliance account. Each year, the NOx Budget Administrator will also record NOx allowances, as allocated under §§ 145.40--145.42, in the allocation set-aside for the year after the last year for which allowances were previously allocated to an allocation set-aside.
(c) Each NOx allowance will be assigned a unique identification number that will include digits identifying the year for which the NOx allowance is allocated.
§ 145.54. Compliance.
(a) NOx allowance transfer deadline. The NOx allowances are available to be deducted for compliance with a unit's NOx budget emissions limitation for a control period in a given year only if the NOx allowances meet the following conditions:
(1) The allowances are allocated for a control period in a prior year or the same year.
(2) The allowances are held in the unit's compliance account, or the overdraft account of the source where the unit is located, as of the NOx allowance transfer deadline for that control period or are transferred into the compliance account or overdraft account by a NOx allowance transfer correctly submitted for recordation under § 145.60 (relating to submission of NOx allowance transfers) by the NOx allowance transfer deadline for that control period.
(b) Deductions for compliance.
(1) Following the recordation, in accordance with § 145.61 (relating to NOx transfer recordation), of NOx allowance transfers submitted for recordation in the unit's compliance account or the overdraft account of the source where the unit is located by the NOx allowance transfer deadline for a control period, the NOx Budget Administrator will deduct NOx allowances available under subsection (a) to cover the unit's NOx emissions (as determined in accordance with §§ 145.70--145.76 (relating to recordkeeping and reporting requirements)), or to account for actual utilization under § 145.42(e) (relating to NOx allowance allocations), for the control period:
(i) From the compliance account.
(ii) Only if no more NOx allowances available under subsection (a) remain in the compliance account, from the overdraft account. In deducting allowances for units at the source from the overdraft account, the NOx Budget Administrator will begin with the unit having the compliance account with the lowest NOx Allowance Tracking System account number and end with the unit having the compliance account with the highest NOx Allowance Tracking System account number (with account numbers sorted beginning with the left-most character and ending with the right-most character and the letter characters assigned values in alphabetical order and less than all numeric characters).
(2) NOx allowances will be deducted first under subparagraph (i) and then under subparagraph (ii):
(i) Until the number of NOx allowances deducted for the control period equals the number of tons of NOx emissions, determined in accordance with §§ 145.70-- 145.76, from the unit for the control period for which compliance is being determined, plus the number of NOx allowances required for deduction to account for actual utilization under § 145.42(e) for the control period.
(ii) Until no more NOx allowances available under subsection (a) remain in the respective account.
(c) Allowance identification.
(1) Identification of NOx allowances by serial number. The NOx authorized account representative for each compliance account may identify by serial number the NOx allowances to be deducted from the unit's compliance account under subsection (b), (d) or (e). The identification shall be made in the compliance certification report submitted in accordance with § 145.30 (relating to compliance certification report).
(2) First-in, first-out. NOx allowances will be deducted for a control period from the compliance account, in the absence of an identification or in the case of a partial identification of NOx allowances by serial number under paragraph (1), or the overdraft account on a first-in, first-out (FIFO) accounting basis in the following order:
(i) Those NOx allowances that were allocated for the control period to the unit under §§ 145.40--145.42 or §§ 145.80--145.88 (relating to NOx allowance allocations; and opt-in process).
(ii) Those NOx allowances that were allocated for the control period to any unit and transferred and recorded in the account under §§ 145.60--145.62 (relating to NOx allowance transfers), in order of their date of recordation;
(iii) Those NOx allowances that were allocated for a prior control period to the unit under §§ 145.40--145.42 or §§ 145.80--145.88.
(iv) Those NOx allowances that were allocated for a prior control period to any unit and transferred and recorded in the account under §§ 145.60--145.62, in order of their date of recordation.
(d) Deductions for excess emissions.
(1) After making the deductions for compliance under subsection (b), the NOx Budget Administrator will deduct from the unit's compliance account or the overdraft account of the source where the unit is located a number of NOx allowances, allocated for a control period after the control period in which the unit has excess emissions, equal to three times the number of the unit's excess emissions.
(2) If the compliance account or overdraft account does not contain sufficient NOx allowances, the NOx Budget Administrator will deduct the required number of NOx allowances, regardless of the control period for which they were allocated, whenever NOx allowances are recorded in either account.
(3) An allowance deduction required under subsection (d) does not affect the liability of the owners and operators of the NOx budget unit for any fine, penalty or assessment, or their obligation to comply with any other remedy, for the same violation, as ordered under the Clean Air Act or the act. The following guidelines will be followed in assessing fines, penalties or other obligations:
(i) For purposes of determining the number of days of violation, if a NOx budget unit has excess emissions for a control period, each day in the control period (153 days) constitutes a day in violation unless the owners and operators of the unit demonstrate that a lesser number of days should be considered.
(ii) Each ton of excess emissions is a separate violation.
(e) Deductions for units sharing a common stack. In the case of units sharing a common stack and having emissions that are not separately monitored or apportioned in accordance with §§ 145.70--145.76:
(1) The NOx authorized account representative of the units may identify the percentage of NOx allowances to be deducted from each unit's compliance account to cover the unit's share of NOx emissions from the common stack for a control period. The identification shall be made in the compliance certification report submitted in accordance with § 145.30.
(2) Notwithstanding subparagraph (i), the NOx Budget Administrator will deduct NOx allowances for each unit until the number of NOx allowances deducted equals the unit's identified percentage (under paragraph (1)) of the number of tons of NOx emissions, as determined in accordance with §§ 145.70--145.76, from the common stack for the control period for which compliance is being determined or, if no percentage is identified, an equal percentage for each unit, plus the number of allowances required for deduction to account for actual utilization under § 145.42(e) for the control period.
(f) The NOx Budget Administrator will record in the appropriate compliance account or overdraft account all deductions from such an account under subsection (b), (d) or (e).
§ 145.55. Banking.
(a) NOx allowances may be banked for future use or transfer in a compliance account, an overdraft account or a general account, as follows:
(1) An NOx allowance that is held in a compliance account, an overdraft account or a general account will remain in the account until the NOx allowance is deducted or transferred under § 145.31, § 145.54, § 145.56, §§ 145.60--145.62 or §§ 145.80--145.88.
(2) The NOx Budget Administrator will designate, as a ''banked'' NOx allowance, an NOx allowance that remains in a compliance account, an overdraft account or a general account after deductions have been made for a given control period from the compliance account or overdraft account under § 145.54 (relating to compliance).
(b) Each year starting in 2004, after the designation of banked NOx allowances under subsection (a)(2) and before May 1 of the year, the extent to which banked NOx allowances may be used for compliance in the control period for the current year will be determined, as follows:
(1) The total number of banked NOx allowances held in compliance accounts, overdraft accounts or general accounts will be determined.
(2) If the total number of banked NOx allowances determined, under paragraph (1), to be held in compliance accounts, overdraft accounts or general accounts is less than or equal to 10% of the sum of the state trading program budgets for the control period for the states in which NOx budget units are located, any banked NOx allowance may be deducted for compliance in accordance with § 145.54.
(3) If the total number of banked NOx allowances determined, under paragraph (1), to be held in compliance accounts, overdraft accounts, or general accounts exceeds 10% of the sum of the state trading program budgets for the control period for the States in which NOx budget units are located, any banked allowance may be deducted for compliance in accordance with § 145.54, except as follows:
(i) A ratio will be determined as follows: 0.10 multiplied by the sum of the state trading program budgets for the control period for the states in which NOx budget units are located and divided by the total number of banked NOx allowances determined, under paragraph (1), to be held in compliance accounts, overdraft accounts or general accounts.
(ii) The number of banked NOx allowances in each compliance account or overdraft account will be multiplied by the ratio developed in subparagraph (i) and rounded. The resulting product is the number of banked NOx allowances in the account that may be deducted for compliance in accordance with § 145.54. Banked NOx allowances in excess of the resulting product may be deducted for compliance in accordance with § 145.54, except that, if the NOx allowances are used to make a deduction, two of the NOx allowances shall be deducted for each deduction of one NOx allowance required under § 145.54.
(c) An NOx budget unit may reduce its NOx emission rate in the 2001 or 2002 control period, the owner or operator of the unit may request early reduction credits, and the Department may allocate NOx allowances in 2003 to the unit in accordance with the following requirements.
(1) Each NOx budget unit for which the owner or operator requests any early reduction credits under paragraph (4) shall monitor NOx emissions in accordance with §§ 145.70--145.76 (relating to recordkeeping and reporting requirements) starting in the 2000 control period and for each control period for which the early reduction credits are requested. The unit's monitoring system availability shall be at least 90% during the 2000 control period, and the unit shall be in compliance with any applicable State or Federal NOx emissions or emissions-related requirements.
(2) NOx emission rate and heat input under paragraphs (3)--(5) shall be determined in accordance with §§ 145.70--145.76.
(3) Each NOx budget unit for which the owner or operator requests early reduction credits under paragraph (4) shall reduce its NOx emission rate, for each control period for which early reduction credits are requested, to less than both 0.25 lb/mmBtu and 80% of the unit's NOx emission rate in the 2000 control period.
(4) The NOx authorized account representative of a NOx budget unit located in this Commonwealth that meets the requirements of paragraphs (1) and (3) may submit to the Department a request for early reduction credits for the unit based on NOx emission rate reductions made by the unit in the control period for 2001 or 2002 in accordance with paragraph (3).
(i) In the early reduction credit request, the NOx authorized account may request early reduction credits for the control period in an amount equal to the unit's heat input for the control period multiplied by the difference between 0.25 lb/mmBtu and the unit's NOx emission rate for the control period, divided by 2000 lb/ton, and rounded to the nearest ton.
(ii) The early reduction credit request shall be submitted, in a format specified by the Department, by October 31 of the year in which the NOx emission rate reductions on which the request is based are made.
(5) The Department will allocate NOx allowances, to NOx budget units meeting the requirements of paragraphs (1) and (3) and covered by early reduction requests meeting the requirements of paragraph (4)(ii), in accordance with the following procedures:
(i) Upon receipt of each early reduction credit request, the Department will accept the request only if the requirements of paragraphs (1), (3) and (4)(ii) are met and, if the request is accepted, will make any necessary adjustments to the request to ensure that the amount of the early reduction credits requested meets the requirement of paragraphs (2) and (4).
(ii) If this Commonwealth's compliance supplement pool has an amount of NOx allowances not less than the number of early reduction credits in all accepted early reduction credit requests for 2001 and 2002 (as adjusted under subparagraph (i)), the Department will allocate to each NOx budget unit covered by the accepted requests one allowance for each early reduction credit requested (as adjusted under subparagraph (i)).
(iii) If this Commonwealth's compliance supplement pool has a smaller amount of NOx allowances than the number of early reduction credits in all accepted early reduction credit requests for 2001 and 2002 (as adjusted under subparagraph (i)), the Department will allocate NOx allowances to each NOx budget unit covered by the accepted requests according to the following formula:
Unit's allocated early reduction credits = [(Unit's adjusted early reduction credits)/(Total adjusted early reduction credits requested by all units)] x (Available NOx allowances from this Commonwealth compliance supplement pool)Where:''Unit's adjusted early reduction credits'' is the number of early reduction credits for the unit for 2001 and 2002 in accepted early reduction credit requests, as adjusted under subparagraph (i).''Total adjusted early reduction credits requested by all units'' is the number of early reduction credits for all units for 2001 and 2002 in accepted early reduction credit requests, as adjusted under subparagraph (i).''Available NOx allowances from this Commonwealth's compliance supplement pool'' is the number of NOx allowances in this Commonwealth's compliance supplement pool and available for early reduction credits for 2001 and 2002.(6) By May 1, 2003, the Department will allocate the NOx allowances determined under paragraph (5). The allocations will be recorded in the NOx allowance tracking system to the extent that they are consistent with the requirements of paragraphs (1)--(5).
(7) NOx allowances recorded under paragraph (6) may be deducted for compliance under § 145.54 for the control periods in 2003 or 2004. Notwithstanding subsection (a), the NOx, Budget Administrator will deduct as retired any NOx allowance that is recorded under paragraph (6) and is not deducted for compliance in accordance with § 145.54 for the control period in 2003 or 2004.
(8) NOx allowances recorded under paragraph (6) are treated as banked allowances in 2004 for the purposes of subsections (a) and (b).
(9) NOx allowances contained in compliance or overdraft accounts by affected units located in this Commonwealth under § 123.110 (relating to source compliance requirements) for years 2000 through 2002 shall be deemed to have met the requirements of subsections (a) and (c). The NOx authorized account representative shall submit the application as required by subsection (c) to the Department.
(10) The compliance supplement pool for this Commonwealth is 13,716 allowances.
§ 145.56. Account error.
The NOx Budget Administrator may correct any error in any NOx Allowance Tracking System account. Within 10 business days of making the correction, the NOx Budget Administrator will notify the NOx authorized account representative for the account.
§ 145.57. Closing of general accounts.
(a) The NOx authorized account representative of a general account may instruct the NOx Budget Administrator to close the account by submitting a statement requesting deletion of the account from the NOx Allowance Tracking System and by correctly submitting for recordation under § 145.60 (relating to submission of NOx allowance transfers) an allowance transfer of all NOx allowances in the account to one or more other NOx Allowance Tracking System accounts.
(b) If a general account shows no activity for 1 year or more and does not contain any NOx allowances, the NOx Budget Administrator may notify the NOx authorized account representative for the account that the account will be closed and deleted from the NOx Allowance Tracking System following 20 business days after the notice is sent. The account will be closed after the 20-day period unless before the end of the 20-day period the NOx Budget Administrator receives a correctly submitted transfer of NOx allowances into the account under § 145.60 or a statement submitted by the NOx authorized account representative requesting that the account should not be closed.
NOx ALLOWANCE TRANSFERS § 145.60. Submission of NOx allowance transfers.
The NOx authorized account representatives seeking recordation of a NOx allowance transfer shall submit the transfer to the NOx Budget Administrator. To be considered correctly submitted, the NOx allowance transfer shall include the following elements in a format specified by the NOx Budget Administrator:
(1) The numbers identifying both the transferor and transferee accounts.
(2) A specification by serial number of each NOx allowance to be transferred.
(3) The printed name and signature of the NOx authorized account representative of the transferor account and the date signed.
§ 145.61. NOx transfer recordation.
(a) Within 5 business days of receiving a NOx allowance transfer, except as provided in subsection (b), the NOx Budget Administrator will record a NOx allowance transfer by moving each NOx allowance from the transferor account to the transferee account as specified by the request, if the following conditions are met (relating to submission of NOx allowance transfers).
(1) The transfer is correctly submitted under § 145.60.
(2) The transferor account includes each NOx allowance identified by serial number in the transfer.
(3) The transfer meets all other requirements of this subchapter.
(b) An NOx allowance transfer that is submitted for recordation following the NOx allowance transfer deadline and that includes any NOx allowances allocated for a control period prior to or the same as the control period to which the NOx allowance transfer deadline applies will not be recorded until after completion of the process of recordation of NOx allowance allocations in § 145.53(b) (relating to recordation of NOx allowance allocations).
(c) An NOx allowance transfer submitted for recordation that fails to meet the requirements of subsection (a) will not be recorded.
§ 145.62. Notification.
(a) Notification of recordation. Within 5 business days of recordation of a NOx allowance transfer under § 145.61 (relating to NOx transfer recordation), the NOx Budget Administrator will notify each party to the transfer. Notice will be given to the NOx authorized account representatives of both the transferor and transferee accounts.
(b) Notification of nonrecordation. Within 10 business days of receipt of a NOx allowance transfer that fails to meet the requirements of § 145.61(a), the NOx Budget Administrator will notify the NOx authorized account representatives of both accounts subject to the transfer of:
(1) A decision not to record the transfer.
(2) The reasons for the nonrecordation.
(c) Resubmission. Nothing in this section precludes the submission of a NOx allowance transfer for recordation following notification of nonrecordation.
RECORDKEEPING AND REPORTING REQUIREMENTS § 145.70. General monitoring requirements.
The owners and operators, and to the extent applicable, the NOx authorized account representative of a NOx budget unit, shall comply with the monitoring and reporting requirements as provided in this section and §§ 145.71--145.76 (relating to recordkeeping and reporting requirements) and in 40 CFR Part 75 (relating to continuous emission monitoring). For purposes of complying with these requirements, the definitions in § 145.2 and in 40 CFR 72.2 (relating to definitions) apply, and the terms ''affected unit,'' ''designated representative'' and ''continuous emission monitoring system'' (or ''CEMS'') in 40 CFR Part 75 shall be replaced by the terms ''NOx Budget unit,'' ''NOx authorized account representative'' and ''continuous emission monitoring system'' (or ''CEMS''), respectively, as defined in § 145.2 (relating to definitions).
(1) Requirements for installation, certification and data accounting. The owner or operator of each NOx budget unit shall meet the following requirements. These provisions also apply to a unit for which an application for a NOx Budget opt-in permit is submitted and not denied or withdrawn, as provided in §§ 145.80--145.88 (relating to opt-in process).
(i) Install all monitoring systems required under this subchapter for monitoring NOx mass. This includes all systems required to monitor NOx emission rate, NOx concentration, heat input and flow, in accordance with 40 CFR 75.72 and 75.76.
(ii) Install the monitoring systems for monitoring heat input, if required under § 145.76 (relating to petitions) for developing NOx allowance allocations.
(iii) Successfully complete the certification tests required under § 145.71 (relating to initial certification and recertification procedures) and meet all other provisions of this subchapter and 40 CFR Part 75 applicable to the monitoring systems under subparagraphs (i) and (ii).
(iv) Record and report data from the monitoring systems under subparagraphs (i) and (ii).
(2) Compliance dates. The owner or operator shall meet the requirements of paragraph (1)(i)--(iii) on or before the following dates and shall record and report data on and after the following dates:
(i) NOx budget units for which the owner or operator intends to apply for early reduction credits under § 145.55(d) (relating to banking) shall comply with the requirements of this section and §§ 145.71--145.76 by May 1, 2000.
(ii) Except for NOx budget units under subparagraph (i), NOx budget units under § 145.4 (relating to applicability) that commence operation before January 1, 2002, shall comply with the requirements of this section and §§ 145.71--145.76 by May 1, 2002.
(iii) NOx budget units under § 145.4 that commence operation on or after January 1, 2002, and that report on an annual basis under § 145.74(d) (relating to recordkeeping and reporting) shall comply with the requirements of this section and §§ 145.71--145.76 by the later of the following dates:
(A) May 1, 2002.
(B) The earlier of one of the following:
(I) One hundred eighty days after the date on which the unit commences operation
(II) Ninety days after the date on which the unit commences commercial operation, for units under § 145.4(1)
(iv) NOx budget units under § 145.4 that commence operation on or after January 1, 2002, and that report on a control season basis under § 145.74(d) shall comply with this section and §§ 145.71--145.76 by the later of the following dates:
(A) The earlier of one of the following dates. However, if the applicable deadline under this clause does not occur during a control period, May 1 immediately following the date determined in accordance with clause (A).
(I) One hundred eighty days after the date on which the unit commences operation or,
(II) Ninety days after the date on which the unit commences commercial operation, for units under § 145.4(1).
(v) For a NOx budget unit with a new stack or flue for which construction is completed after the applicable deadline under subparagraph (i), (ii), (iii) or §§ 145.80--145.88, 90 days after the date on which emissions first exit to the atmosphere through the new stack or flue.
(vi) For a unit for which an application for a NOx budget opt-in permit is submitted and not denied or withdrawn, the compliance dates specified under §§ 145.80--145.88.
(3) Reporting data prior to initial certification.
(i) The owner or operator of a NOx budget unit that misses the certification deadline under paragraph (2)(i) is not eligible to apply for early reduction credits. The owner or operator of the unit becomes subject to the certification deadline under paragraph (2)(i).
(ii) The owner or operator of a NOx budget unit under paragraph (2)(iii) or (iv) shall determine, record and report NOx mass, heat input (if required for purposes of allocations) and any other values required to determine NOx Mass--for example, NOx emission rate and heat input or NOx concentration and stack flow--using the provisions of 40 CFR 75.70(g) (relating to NOx mass emissions provisions), from the date and hour that the unit starts operating until all required certification tests are successfully completed.
(4) Prohibitions.
(i) An owner or operator of a NOx budget unit or a non-NOx budget unit monitored under 40 CFR 75.72(b)(2)(ii) may not use an alternative monitoring system, alternative reference method or another alternative for the required continuous emission monitoring system without having obtained prior written approval in accordance with § 145.75.
(ii) An owner or operator of an NOx budget unit or a non-NOx budget unit monitored under 40 CFR 75.72(b)(2)(ii) may not operate the unit so as to discharge, or allow to be discharged, NOx emissions to the atmosphere without accounting for these emissions in accordance with the applicable provisions of this subchapter and 40 CFR Part 75 except as provided for in 40 CFR 75.74 (relating to annual and ozone season monitoring and reporting requirements).
(iii) An owner or operator of an NOx budget unit or a non-NOx budget unit monitored under 40 CFR 75.72(b)(2)(ii) may not disrupt the continuous emission monitoring system, a portion thereof or another approved emission monitoring method, and thereby avoid monitoring and recording NOx mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this subchapter and 40 CFR Part 75 except as provided for in 40 CFR 75.74.
(iv) An owner or operator of an NOx budget unit or a non-NOx budget unit monitored under 40 CFR 75.72(b)(2)(ii) may not retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved emission monitoring system under this subchapter, except under one of the following circumstances:
(A) During the period that the unit is covered by a retired unit exemption under § 145.5 (relating to retired unit exemption) that is in effect.
(B) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subchapter and 40 CFR Part 75, by the Department for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system.
(C) The NOx authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with § 145.71(b)(2).
(5) Notwithstanding the provisions of this section and §§ 145.71--145.76, sources that are also subject to the monitoring provisions of Chapter 139 (relating to sampling and testing) shall demonstrate compliance with those provisions in addition to the provisions of this section and §§ 145.71--145.76.
§ 145.71. Initial certification and recertification procedures.
(a) The owner or operator of an NOx budget unit that is subject to an acid rain emissions limitation shall comply with the initial certification and recertification procedures of 40 CFR Part 75 (relating to continuous emission monitoring), except that:
(1) If, prior to January 1, 1998, the Administrator approved a petition under 40 CFR 75.17(a) or (b) (relating to specific provisions for monitoring emissions from common, bypass, and multiple stocks for NOx emission rate) for apportioning the NOx emission rate measured in a common stack or a petition under 40 CFR 75.66 (relating to petitions to the Administrator) for an alternative to a requirement in 40 CFR 75.17, the NOx authorized account representative shall resubmit the petition to the Administrator under § 145.75(a) (relating to petitions) to determine if the approval applies under the NOx Budget Trading Program.
(2) For additional CEMS required under the common stack provisions in 40 CFR 75.72 (relating to determination of NOx mass emissions), or for NOx concentration CEMS used under 40 CFR 75.71(a)(2) (relating to specific provisions for monitoring NOx emission rate and heat input for the purpose of calculating NOx mass emissions), the owner or operator shall meet the requirements of subsection (b).
(b) The owner or operator of a NOx budget unit that is not subject to an acid rain emissions limitation shall comply with the following initial certification and recertification procedures, except that the owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under 40 CFR 75.19 (relating to optional SO2, NOx and CO2 emissions calculation for low mass emissions unit) shall also meet the requirements of subsection (c) and the owner or operator of a unit that qualifies to use an alternative monitoring system under 40 CFR Part 75 Subpart E (relating to alternative monitoring systems) shall also meet the requirements of subsection (d). The owner or operator of a NOx budget unit that is subject to an acid rain emissions limitation, but requires additional CEMS under the common stack provisions in 40 CFR 75.72, or that uses a NOx concentration CEMS under 40 CFR 75.71(a)(2) also shall comply with the following initial certification and recertification procedures:
(1) Requirements for initial certification. The owner or operator shall ensure that each monitoring system required by 40 CFR Part 75 Subpart H (relating to NOx mass emissions provisions) (which includes the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR 75.20 (relating to certification and recertification procedures). The owner or operator shall ensure that the applicable certification tests are successfully completed by the deadlines specified in § 145.70(2) (relating to general monitoring requirements). In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this part in a location where no monitoring system was previously installed, initial certification according to 40 CFR 75.20 is required.
(2) Requirements for recertification. Whenever the owner or operator makes a replacement, modification or change in a certified monitoring system that the Budget Administrator or Department determines significantly affects the ability of the system to accurately measure or record NOx mass emissions or heat input or to meet the requirements of 40 CFR 75.21 (relating to quality assurance and quality control requirements) or 40 CFR Part 75 Appendix B (relating to quality assurance and quality control), the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b). Whenever the owner or operator makes a replacement, modification or change to the flue gas handling system or the unit's operation that the Budget Administrator or Department determines to significantly change the flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 CFR 75.20(b). Examples of changes which require recertification include: replacement of the analyzer, change in location or orientation of the sampling probe or site or changing of flow rate monitor polynomial coefficients.
(3) Certification approval process for initial certifications and recertification.
(i) Notification of certification. The NOx authorized account representative shall submit to the Department and the appropriate EPA Regional Office a written notice of the dates of certification in accordance with § 145.73 (relating to procedures notification).
(ii) Certification application. The NOx authorized account representative shall submit to the Department a certification application for each monitoring system required under 40 CFR Part 75 Subpart H. A complete certification application shall include the information specified in 40 CFR Part 75 Subpart H.
(iii) Except for units using the low mass emission excepted methodology under 40 CFR 75.19, the provisional certification date for a monitor shall be determined using the procedures set forth in 40 CFR 75.20(a)(3). A provisionally certified monitor may be used under the NOx Budget Trading Program for a period not to exceed 120 days after receipt by the Department of the complete certification application for the monitoring system or component thereof under subsection (b)(3)(ii). Data measured and recorded by the provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 CFR Part 75, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), if the Department does not invalidate the provisional certification by issuing a notice of disapproval.
(iv) Certification application formal approval process. The Department will issue a written notice of approval or disapproval of the certification application to the owner or operator after receipt and review of the complete certification application under subparagraph (ii). If the Department does not issue the notice, each monitoring system which meets the applicable performance requirements of 40 CFR Part 75 and is included in the certification application will be deemed certified for use under the NOx Budget Trading Program.
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