[30 Pa.B. 4899]
[Continued from previous Web Page] § 145.72. Out of control periods.
(a) Quality assurance requirements. Whenever a monitoring system fails to meet the quality assurance or data validation requirements of 40 CFR Part 75 (relating to quality assurance and quality control procedures), data shall be substituted using the applicable procedures in 40 CFR Part 75 Subpart D, Appendix D or Appendix E (relating to missing data substitution procedures; optional SO2 emissions data protocol for gas-fired and oil-fired units; and optional NOx emissions estimation protocal for gas-fired peaking units and oil-fired peaking units).
(b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any system or component should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 145.71 (relating to initial certification and recertification procedures) or the applicable provisions of 40 CFR Part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the Department will issue a notice of disapproval of the certification status of the system or component. For the purposes of this subsection, an audit shall be either a field audit or an audit of any information submitted to the Department or the Administrator. By issuing the notice of disapproval, the Department revokes prospectively the certification status of the system or component. The data measured and recorded by the system or component will not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests. The owner or operator shall follow the initial certification or recertification procedures in § 145.71 for each disapproved system.
§ 145.73. Notifications.
The NOx authorized account representative for a NOx budget unit shall submit written notice to the Department and the Administrator in accordance with 40 CFR 75.61 (relating to notification), except that if the unit is not subject to an acid rain emissions limitation, the notification is only required to be sent to the Department.
§ 145.74. Recordkeeping and reporting.
(a) General provisions.
(1) In addition to the requirements of Chapter 127 (relating to construction, modification, reactivation and operation of sources), the NOx authorized account representative shall comply with the recordkeeping and reporting requirements in this section and with the requirements of § 145.10(e) (relating to authorization and responsibilities of the NOx authorized account representative).
(2) If the NOx authorized account representative for a NOx budget unit subject to an acid rain emission limitation who signed and certified any submission that is made under 40 CFR Part 75, Subpart F or G (relating to recordkeeping requirements; and reporting requirements) and which includes data and information required under this subchapter or 40 CFR Part 75, Subpart H (relating to NOx mass emissions provisions) is not the same person as the designated representative or the alternative designated representative for the unit under 40 CFR Part 72 (relating to permits regulation), the submission shall also be signed by the designated representative or the alternative designated representative.
(b) Monitoring plans.
(1) The owner or operator of a unit subject to an acid rain emissions limitation shall comply with 40 CFR 75.62 (relating to monitoring plan), except that the monitoring plan shall also include all of the information required by 40 CFR Part 75, Subpart H.
(2) The owner or operator of a unit that is not subject to an acid rain emissions limitation shall comply with requirements of 40 CFR 75.62, except that the monitoring plan is only required to include the information required by 40 CFR Part 75, Subpart H.
(c) Certification applications. The NOx authorized account representative shall submit an application to the Department within 45 days after completing all initial certification or recertification tests required under § 145.71 (relating to initial certification and recertification procedures) including the information required under 40 CFR Part 75, Subpart H.
(d) Quarterly reports. The NOx authorized account representative shall submit quarterly reports, as follows:
(1) NOx budget units subject to an acid rain emission limitation shall meet the annual reporting requirements of this subchapter. The NOx authorized account representative shall submit a quarterly report for each calendar quarter beginning with one of the following:
(i) For units that elect to comply with the early reduction credit provisions under § 145.43 (relating to compliance supplement pool), the calendar quarter that includes the date of initial provisional certification under § 145.71(b)(3)(iii) or (c). Data shall be recorded and reported from the date and hour corresponding to the date and hour of provisional certification.
(ii) For units commencing operation on or before May 1, 2002, and that is not subject to subparagraph (i), the earlier of the calendar quarter that includes the date of initial provisional certification under § 145.71(b)(3)(iii) or (c) or, if the certification tests are not completed by May 1, 2002, the partial calendar quarter from May 1, 2002 through June 30, 2002. Data shall be recorded and reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour on May 1, 2002.
(iii) For a unit that commences operation after May 1, 2002, the calendar quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding to when the unit commenced operation.
(2) If a NOx budget unit is not subject to an acid rain emission limitation, the NOx authorized account representative shall do either of the following:
(i) Meet all the requirements of 40 CFR Part 75 related to monitoring and reporting NOx mass emissions during the entire year and meet the reporting deadlines specified in paragraph (1).
(ii) Submit quarterly reports covering the period May 1--September 30 of each year and including the data described in 40 CFR 75.74(c)(6) (relating to annual and ozone monitoring and reporting requirement). The NOx authorized account representative shall submit a quarterly report for each calendar quarter beginning with:
(A) For units that intend to apply or apply for early reduction credits under § 145.43, the calendar quarter that includes the date of initial provisional certification under § 145.71(b)(3)(iii) and (c). Data shall be recorded and reported from the date and hour of provisional certification.
(B) For units commencing operation on or before May 1, 2002, and are not subject to subparagraph (i), the calendar quarter covering May 1 through June 30, 2002. Data shall be recorded and reported from the earlier of the date and hour corresponding to the date and hour of initial provisional certification under § 145.71(b)(3)(iii) or (c) or the first hour of May 1, 2002.
(C) For units that commence operation after May 1, 2002, and during a control period, the calendar quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding to when the unit commenced operation.
(D) For units that commence operation after May 1, 2002, and not during a control period, the calendar quarter covering the first control period after the unit commences operation. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of initial provisional certification under § 145.71(b)(3)(iii) or (c) or the first hour of May 1 of the first control period after the unit commences operation.
(3) The NOx authorized account representative shall submit each quarterly report to the Department and NOx Budget Administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in 40 CFR Part 75, Subpart H and 40 CFR 75.64 (relating to quarterly reports).
(i) For units subject to an acid rain emissions limitation, quarterly reports shall include all of the data and information required in 40 CFR Part 75, Subpart H for each NOx budget unit (or group of units using a common stack) as well as information required in 40 CFR Part 75, Subpart G (relating to reporting requirements).
(ii) For units not subject to an acid rain emissions limitation, quarterly reports are only required to include the data and information required in 40 CFR Part 75, Subpart H for each NOx budget unit (or group of units using a common stack).
(4) The NOx authorized account representative shall submit to the Department and NOx Budget Administrator a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification shall state that the following conditions have been met:
(i) The monitoring data submitted were recorded in accordance with the applicable requirements of this subchapter and 40 CFR Part 75, including the quality assurance procedures and specifications.
(ii) For a unit with add-on NOx emission controls and for all hours where data are substituted in accordance with 40 CFR 75.34(a)(1) (relating to units with add-on emission controls), the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under 40 CFR Part 75, Appendix B and the substitute values do not systematically underestimate NOx emissions.
(iii) For a unit that is reporting on a control period basis under subparagraph (ii), the NOx emission rate and NOx concentration values substituted for missing data under 40 CFR Part 75, Subpart D (relating to missing data substitution procedures) are calculated using only values from a control period and do not systematically underestimate NOx emissions.
§ 145.75. Petitions.
(a) The NOx authorized account representative of a NOx budget unit may submit a petition under 40 CFR 75.66 (relating to petitions to the Administrator) to the Administrator requesting approval to apply an alternative to any requirement of this section and §§ 145.70--145.74 and 145.76.
(b) Application of an alternative to any requirement of this section and §§ 145.70--145.74 and 145.76 is in accordance with this section and §§ 145.70--145.74 and 145.76 only to the extent that the petition is approved by the Administrator under 40 CFR 75.66.
§ 145.76. Additional requirements to provide heat input data.
The owner or operator of a unit that monitors and reports NOx mass emissions using a NOx concentration system and a flow system shall also monitor and report heat input at the unit level using the procedures in 40 CFR Part 75 (relating to continuous emission monitoring).
OPT-IN PROCESS § 145.80. Applicability for opt-in sources.
A unit that is not a NOx budget unit under § 145.4(a) (relating to applicability), is not a unit exempt under § 145.4(b), vents all of its emissions to a stack, and is operating, may qualify, under this section and §§ 145.81--145.88 (relating to opt-in process), to become a NOx budget opt-in source. A unit that is a NOx budget unit under § 145.4(a), is covered by a retired unit exemption under §§ 145.4(b) or 145.5 (relating to retired unit exemption) that is in effect, or is not operating is not eligible to become a NOx budget opt-in unit.
§ 145.81. Opt-in source general provisions.
Except as otherwise provided, a NOx budget opt-in unit shall be treated as a NOx budget unit for purposes of applying §§ 145.1--145.7, 145.10--145.14, 145.30, 145.31, 145.40--145.43, 145.50--145.57, 145.60--1245.62 and 145.70--145.76.
§ 145.82. NOx authorized account representative for opt-in sources.
A unit for which an application for a NOx budget opt-in approval is submitted, or a NOx budget opt-in unit, located at the same source as one or more NOx budget units, shall have the same NOx authorized account representative as the NOx budget units.
§ 145.83. Applying for a NOx budget opt-in approval.
To apply for a NOx budget opt-in approval, the NOx authorized account representative of a unit qualified under § 145.80 (relating to applicability for opt-in sources) may submit the following to the Department at any time, except as provided under § 145.86(g) (relating to opt-in source withdrawal from NOx budget trading program):
(1) A complete NOx budget opt-in approval application containing the following:
(i) Identification of the source, including plant name and the Office of Regulatory Information Systems or facility code assigned to the source by the Energy Information Administration, if applicable.
(ii) Identification of each opt-in unit at the source.
(iii) The standard requirements under § 145.6 (relating to standard requirements).
(iv) The following certification statements by the NOx authorized account representative:
(A) ''I certify that each unit for which this application is submitted under §§ 145.80--145.88 is not a NOx budget unit under § 145.4 and is not covered by a retired unit exemption under § 145.5 that is in effect.''
(B) If the application is for an initial NOx budget opt-in approval, ''I certify that each unit for which this approval application is submitted under §§ 145.80--145.88 is currently operating, as that term is defined under § 145.2.''
(2) A monitoring plan submitted in accordance with §§ 145.70--145.76 (relating to recordkeeping and reporting requirements).
(3) A complete account certificate of representation under § 145.13 (relating to account certificate of representation), if no NOx authorized account representative has been previously designated for the unit.
§ 145.84. Opt-in process.
The Department will issue or deny a NOx budget opt-in approval for a unit for which an application for a NOx budget opt-in approval under § 145.83 (relating to applying for a NOx budget opt-in approval) is submitted, in accordance with the following:
(1) Interim review of monitoring plan. The Department will determine, on an interim basis, the sufficiency of the monitoring plan accompanying the initial application for a NOx budget opt-in approval under § 145.83. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NOx emissions rate and heat input rate of the unit are monitored and reported in accordance with §§ 145.70--145.76 (relating to recordkeeping and reporting requirements). A determination of sufficiency will not be construed as acceptance or approval of the unit's monitoring plan.
(2) Plan sufficiency. If the Department determines that the unit's monitoring plan is sufficient under paragraph (1) and after completion of monitoring system certification under §§ 145.70--145.76, the NOx emissions rate and the heat input of the unit shall be monitored and reported in accordance with §§ 145.70--145.76 for one full control period during which monitoring system availability is not less than 90% and during which the unit is in compliance with applicable State or Federal NOx emissions or emissions-related requirements. Solely for purposes of applying this requirement, the unit shall be treated as a NOx budget unit prior to issuance of a NOx budget opt-in approval covering the unit.
(3) Base line heat rate. Based on the information monitored and reported under paragraph (2), the unit's baseline heat rate shall be calculated as the unit's total heat input (in mmBtu) for the control period and the unit's baseline NOx emissions rate shall be calculated as the unit's total NOx mass emissions (in pounds) for the control period divided by the unit's baseline heat input.
(4) Proposed approval. After calculating the baseline heat input and the baseline NOx emissions rate for the unit under paragraph (3), the Department will propose approval of the application.
(5) Issuance of NOx budget opt-in approval. The Department will issue the NOx budget opt-in approval if the unit meets the requirements of this subchapter.
(6) Nonqualification of unit. Notwithstanding paragraphs (1)--(5), if at any time before issuance of a NOx budget opt-in approval for the unit, the Department determines that the unit does not qualify as a NOx budget opt-in source under § 145.80 (relating to applicability for opt-in sources), the Department will issue a denial of a NOx budget opt-in approval for the unit.
(7) Withdrawal of application for a NOx budget opt-in approval. A NOx authorized account representative of a unit may withdraw its application for a NOx budget opt-in approval under § 145.83 at any time prior to the issuance of the final NOx budget opt-in approval. Once the application for a NOx budget opt-in approval is withdrawn, a NOx authorized account representative wanting to reapply shall submit a new application for a NOx budget opt-in approval under § 145.83.
(8) Effective date. The effective date of the initial NOx budget opt-in approval is May 1 of the first control period starting after the issuance of the initial NOx budget opt-in approval by the Department. The unit shall be a NOx budget opt-in source and a NOx budget unit as of the effective date of the initial NOx budget opt-in approval.
§ 145.85. NOx budget opt-in application contents.
(a) Each NOx budget opt-in approval will contain all elements required for a complete NOx budget opt-in approval application under § 145.83 (relating to applying for a NOx budget opt-in approval).
(b) Each NOx budget opt-in approval shall incorporate the requirements of this subchapter.
§ 145.86. Opt-in source withdrawal from NOx Budget Trading Program.
(a) Requesting withdrawal. To withdraw from the NOx Budget Trading Program, the NOx authorized account representative of a NOx budget opt-in unit shall submit to the Department a request to withdraw effective as of a specified date prior to May 1 or after September 30. The submission shall be made no later than 90 days prior to the requested effective date of withdrawal.
(b) Conditions for withdrawal. Before a NOx budget opt-in source covered by a request under subsection (a) may withdraw from the NOx Budget Trading Program and the NOx budget opt-in approval may be terminated under subsection (e), the following conditions shall be met:
(1) For the control period immediately before the withdrawal is to be effective, the NOx authorized account representative shall submit or shall have submitted to the Department an annual compliance certification report in accordance with § 145.30 (relating to compliance certification report).
(2) If the NOx budget opt-in unit has excess emissions for the control period immediately before the withdrawal is to be effective, the NOx Budget Administrator will deduct or have deducted from the NOx budget opt-in unit's compliance account, or the overdraft account of the NOx budget source where the NOx budget opt-in unit is located, the full amount required under § 145.54(d) (relating to compliance) for the control period.
(3) After the requirements for withdrawal under paragraphs (1) and (2) are met, the NOx Budget Administrator will deduct from the NOx budget opt-in unit's compliance account, or the overdraft account of the NOx budget source where the NOx budget opt-in unit is located, NOx allowances equal in number to and allocated for the same or a prior control period as any NOx allowances allocated to that source under § 145.88 (relating to NOx allowance allocations to opt-in units) for any control period for which the withdrawal is to be effective. The NOx Budget Administrator will close the NOx budget opt-in unit's compliance account and transfer any remaining allowances to a new general account specified by the owners and operators of the NOx budget opt-in unit.
(c) Withdrawal from program. A NOx budget opt-in unit that withdraws from the NOx Budget Trading Program shall comply with the requirements under the NOx Budget Trading Program concerning all years for which the NOx budget opt-in unit was a NOx budget opt-in unit, even if the requirements arise or must be complied with after the withdrawal takes effect.
(d) Notification.
(1) After the requirements for withdrawal under subsections (a) and (b) are met (including deduction of the full amount of NOx allowances required), the Department will issue a notification to the NOx authorized account representative of the NOx budget opt-in unit of the acceptance of the withdrawal of the NOx budget opt-in unit as of a specified effective date that is after the requirements have been met and that is prior to May 1 or after September 30.
(2) If the requirements for withdrawal under subsections (a) and (b) are not met, the Department will issue a notification to the NOx authorized account representative of the NOx budget opt-in unit that the NOx budget opt-in unit's request to withdraw is denied. If the NOx budget opt-in unit's request to withdraw is denied, the NOx budget opt-in unit shall remain subject to the requirements for a NOx budget opt-in unit.
(e) Approval amendment. After the Department issues a notification under subsection (d)(1) that the requirements for withdrawal have been met, the Department will revise the NOx budget opt-in approval covering the NOx budget opt-in unit to terminate the NOx budget opt-in approval as of the effective date specified under subsection (d)(1). A NOx budget opt-in unit shall continue to be a NOx budget opt-in unit until the effective date of the termination.
(f) Reapplication upon failure to meet conditions of withdrawal. If the Department denies the NOx budget opt-in source's request to withdraw, the NOx authorized account representative may submit another request to withdraw in accordance with subsections (a) and (b).
(g) Ability to return to the NOx Budget Trading Program. Once a NOx budget opt-in unit withdraws from the NOx Budget Trading Program and its NOx budget opt-in approval is terminated under this section, the NOx authorized account representative may not submit another application for a NOx budget opt-in approval under § 145.83 (relating to applying for a NOx budget opt-in approval) for the unit prior to the date that is 4 years after the date on which the terminated NOx budget opt-in approval became effective.
§ 145.87. Opt-in unit change in regulatory status.
(a) Notification. When a NOx budget opt-in unit becomes a NOx budget unit under § 145.4(a) (relating to applicability), the NOx authorized account representative shall notify in writing the Department and the Administrator of the change in the NOx budget opt-in unit's regulatory status, within 30 days of the change.
(b) Department's and NOx Budget Administrator's action.
(1) Units with active applications.
(i) Revision of approval. When the NOx budget opt-in unit becomes a NOx budget unit under § 145.4(a), the Department will revise the NOx budget opt-in unit's NOx budget opt-in approval to meet the requirements of this subchapter as of an effective date that is the date on which the NOx budget opt-in unit becomes a NOx budget unit under § 145.4(a).
(ii) Compliance account.
(A) The NOx Budget Administrator will deduct from the compliance account for the NOx budget unit under subparagraph (i), or the overdraft account of the NOx budget source where the unit is located, NOx allowances equal in number to and allocated for the same or a prior control period as the following:
(I) NOx allowances allocated to the NOx budget unit (as a NOx budget opt-in unit) under § 145.88 (relating to NOx allowance allocations to opt-in units) for any control period after the last control period during which the unit's NOx budget opt-in approval was effective.
(II) If the effective date of the NOx budget approval revision under subparagraph (i) is during a control period, the NOx allowances allocated to the NOx budget unit (as a NOx budget opt-in unit) under § 145.88 for the control period multiplied by the number of days, in the control period, starting with the effective date of the approval revision under subparagraph (i), divided by the total number of days in the control period and rounded to the nearest whole number of NOx allowances as appropriate.
(B) The NOx authorized account representative shall ensure that the compliance account of the NOx budget unit under subparagraph (i), or the overdraft account of the NOx budget source where the unit is located, includes the NOx allowances necessary for completion of the deduction under clause (A). 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.
(iii) Allocations.
(A) For every control period during which the NOx budget approval revised under subparagraph (i) is effective, the NOx budget unit under subparagraph (i) will be treated, solely for purposes of NOx allowance allocations under § 145.42 (relating to NOx allowance allocations), as a unit that commenced operation on the effective date of the NOx budget approval revision under subparagraph (i) and will be allocated NOx allowances under § 145.42. The unit's deadline under § 145.84(b) (relating to opt-in process) for meeting monitoring requirements in accordance with §§ 145.70--145.76 (relating to recordkeeping and reporting requirements) will not be changed by the change in the unit's regulatory status or by the revision of the NOx budget approval under subparagraph (i).
(B) Notwithstanding clause (A), if the effective date of the NOx budget approval revision under subparagraph (i) is during a control period, the following number of NOx allowances will be allocated to the NOx budget unit under subparagraph (i) under § 145.42 for the control period: the number of NOx allowances otherwise allocated to the NOx budget unit under § 145.42 for the control period multiplied by the ratio of the number of days, in the control period, starting with the effective date of the approval revision under subparagraph (i), divided by the total number of days in the control period, and rounded to the nearest whole number of NOx allowances as appropriate.
(2) Units with expired approvals.
(i) When the NOx authorized account representative of a NOx budget opt-in unit does not renew its NOx budget opt-in approval under § 145.83 (relating to applying for a NOx opt-in approval), the NOx Budget Administrator will deduct from the NOx budget opt-in unit's compliance account, or the overdraft account of the NOx budget source where the NOx budget opt-in unit is located, NOx allowances equal in number to and allocated for the same or a prior control period as any NOx allowances allocated to the NOx budget opt-in unit under § 145.88 for any control period after the last control period for which the NOx budget opt-in approval is effective. The NOx authorized account representative shall ensure that the NOx budget opt-in unit's compliance account or the overdraft account of the NOx budget source where the NOx budget opt-in unit is located includes the NOx allowances necessary for completion of the deduction. 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.
(ii) After the deduction under subparagraph (i) is completed, the NOx Budget Administrator will close the NOx budget opt-in unit's compliance account. If any NOx allowances remain in the compliance account after completion of the deduction and any deduction under § 145.54 (relating to compliance), the NOx Budget Administrator will close the NOx budget opt-in source's compliance account and will establish, and transfer any remaining allowances to a general account specified by the owners and operators of the NOx budget opt-in unit.
§ 145.88. NOx allowance allocations to opt-in units.
(a) NOx allowance allocation.
(1) By April 1 immediately before the first control period for which the NOx budget opt-in approval is effective, the Department will allocate NOx allowances to the NOx budget opt-in unit and submit to the NOx Allowance Tracking System the allocation for the control period in accordance with subsection (b).
(2) By no later than April 1, after the first control period for which the NOx budget opt-in approval is in effect, and April 1 of each year thereafter, the Department will allocate NOx allowances to the NOx budget opt-in unit, and submit to the NOx Allowance Tracking System allocations for the next control period, in accordance with subsection (b).
(3) The Department will publish in the Pennsylvania Bulletin each determination of NOx allowance allocations under paragraphs (1) and (2) and will provide an opportunity for submission of objections to the determination. Objections shall be limited to addressing whether the determination is in accordance with subsection (b). Based on objections, the Department will adjust each determination to the extent necessary to ensure that it is in accordance with subsection (b).
(b) Allocation procedures. For each control period for which the NOx budget opt-in unit has an approved NOx budget opt-in approval, the NOx budget opt-in unit will be allocated NOx allowances in accordance with the following procedures:
(1) The heat input (in mmBtu) used for calculating NOx allowance allocations will be the lesser of one of the following:
(i) The NOx budget opt-in unit's baseline heat input determined under § 145.84(c) (relating to opt-in process).
(ii) The NOx budget opt-in unit's heat input, as determined in accordance with §§ 145.70--145.76 (relating to recordkeeping and reporting requirements), for the control period in the year prior to the year of the control period for which the NOx allocations are being calculated.
(2) The Department will allocate NOx allowances to the NOx budget opt-in unit in an amount equaling the heat input (in mmBtu) determined under paragraph (1) multiplied by the lesser of one of the following:
(i) The NOx budget opt-in unit's baseline NOx emissions rate (in lb/mmBtu) determined under § 145.84(c) divided by 2,000 lb/ton, and rounded to the nearest whole number of NOx allowances as appropriate.
(ii) The most stringent State or Federal NOx emissions limitation applicable to the NOx budget opt-in unit during the control period divided by 2,000 lb/ton, and rounded to the nearest whole number of NOx allowances as appropriate.
EMISSION REDUCTION CREDIT PROVISIONS § 145.90. Emission reduction credit provisions.
(a) NOx budget units may create, transfer and use emission reduction credits (ERCs) in accordance with Chapter 127 (relating to construction, modification, reactivation and operation of sources) and this section. ERCs may not be used to satisfy NOx allowance requirements.
(b) A NOx budget unit may transfer NOx ERCs to a NOx budget unit if the new or modified NOx budget unit's ozone season (May 1 through September 30) allowable emissions do not exceed the ozone season portion of the baseline emissions which were used to generate the NOx ERCs.
(c) A NOx budget unit may transfer NOx ERCs to a non-NOx budget unit under the following conditions:
(1) The non-NOx budget unit's ozone season (May 1--September 30) allowable emissions may not exceed the ozone season portion of the baseline emissions which were used to generate the NOx ERCs.
(2) The NOx allowance tracking system account for NOx budget units which generated ERCs transferred to non-NOx budget units, including prior to the date of publication in the Pennsylvania Bulletin, shall have a corresponding number of NOx allowances retired that reflect the transfer of emissions regulated under this subchapter to the non-NOx budget units. The amount of annual NOx allowances deducted shall be equivalent to that portion of the non-NOx budget unit's NOx control period allowable emissions which were provided for by the NOx ERCs from the NOx budget unit.
(3) Allocations for NOx allowance control periods following 2002 to the NOx ERC generating source may not include the allowances identified in paragraph (2).
INTERSTATE POLLUTION TRANPORT REDUCTION REQUIREMENTS § 145.100. Applicability to upwind states.
(a) This subchapter applies to NOx budget units located in the States of Ohio, West Virginia, Virginia, Maryland, Delaware, New Jersey, New York or North Carolina or located in Washington, D.C.
(b) The NOx trading program budget for each state for a control period will equal the total number of tons of NOx emissions apportioned to the NOx budget units in each state as follows:
State
Electric
Nonelectric Generating Units Generating Units
Ohio 45,432 4,103 West Virginia 26,859 2,184 Virginia 17,091 4,104 Maryland 14,519 1,013 Delaware 4,306 232 Washington, D.C. 207 26 North Carolina 31,212 2,329 New Jersey 9,716 4,838 New York 16,081 156 (c) The compliance supplement pool for each state is:
State Allowance
Ohio 22,301 West Virginia 16,709 Virginia 5,504 Maryland 3,882 Delaware 168 New Jersey 1,550 New York 1,379 North Carolina 10,737 Washington, D.C. 0 (d) Any provision to the contrary notwithstanding, this section is not applicable if one of the following applies:
(1) NOx budget units in the state or Washington, D.C. are required to comply with an emission limitation established by the EPA under section 126 of the CAA (42 U.S.C.A. § 7416).
(2) The state or Washington, D.C. submits a state implementation plan that the EPA expressly determines meets the requirements of section 110(a)(2)(D)(i)(I) of the CAA (42 U.S.C.A. § 7410(a)(2)(D)(i)(I)).
(3) The EPA promulgates a Federal implementation plan for the state or Washington, D.C. to expressly meet the requirements of section 110(a)(2)(D)(i)(I) of the CAA.
[Pa.B. Doc. No. 00-1632. Filed for public inspection September 22, 2000, 9:00 a.m.]
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