[50 Pa.B. 6212]
[Saturday, November 7, 2020]
[Continued from previous Web Page]
COMPLIANCE CERTIFICATION Sec.
145.331. Compliance certification report. 145.332. Department action on compliance certifications. § 145.331. Compliance certification report.
(a) Applicability and deadline. For each control period, except for an interim control period, in which a CO2 budget source is subject to the CO2 requirements of § 145.306(c) (relating to standard requirements), the CO2 authorized account representative of the source shall submit a compliance certification report to the Department by March 1 following the relevant control period.
(b) Contents of report. The CO2 authorized account representative shall include in the compliance certification report under subsection (a) the following:
(1) Identification of the CO2 budget source and each CO2 budget unit at the source.
(2) At the CO2 authorized account representative's option, the serial numbers of the CO2 allowances that are to be deducted from the source's compliance account under § 145.355 (relating to compliance) for the control period or an interim control period, including the serial numbers of any CO2 offset allowances that are to be deducted subject to the limitations of § 145.355(a)(3).
(3) The compliance certification under subsection (c).
(c) Compliance certification. In the compliance certification report under subsection (a), the CO2 authorized account representative shall certify, based on reasonable inquiry of those persons with primary responsibility for operating the source and the CO2 budget units at the source in compliance with the CO2 Budget Trading Program, whether the source and each CO2 budget unit at the source for which the compliance certification is submitted was operated during the calendar years covered by the report in compliance with the requirements of the CO2 Budget Trading Program, including the following:
(1) Whether the CO2 budget source was operated in compliance with the CO2 requirements of § 145.306(c).
(2) Whether the monitoring plan applicable to each unit at the source has been maintained to reflect the actual operation and monitoring of the unit and contains the information necessary to attribute CO2 emissions to the unit, in accordance with §§ 145.371—145.377 (relating to monitoring, reporting and recordkeeping requirements).
(3) Whether all the CO2 emissions from the units at the source were monitored or accounted for through the missing data procedures and reported in the quarterly monitoring reports, including whether conditional data were reported in the quarterly reports in accordance with §§ 145.371—145.377. If conditional data were reported, the owner or operator shall indicate whether the status of all conditional data has been resolved and all necessary quarterly report resubmissions have been made.
(4) Whether the facts that form the basis for certification under §§ 145.371—145.377 of each monitor at each unit at the source, or for using an excepted monitoring method or alternative monitoring method approved under §§ 145.371—145.377, if any, have changed.
(5) If a change is required to be reported under subsection (c)(4), specify the nature of the change, the reason for the change, when the change occurred and how the unit's compliance status was determined subsequent to the change, including what method was used to determine emissions when a change mandated the need for monitor recertification.
§ 145.332. Department action on compliance certifications.
(a) The Department or its agent may review and conduct independent audits concerning any compliance certification or any other submission under the CO2 Budget Trading Program and make appropriate adjustments of the information in the compliance certification or other submission.
(b) The Department or its agent may deduct CO2 allowances from or transfer CO2 allowances to a CO2 budget source's compliance account based on the information in the compliance certification or other submission, as adjusted under subsection (a).
CO2 ALLOWANCE ALLOCATIONS Sec.
145.341. Pennsylvania CO2 Budget Trading Program base budget. 145.342. CO2 allowance allocations. 145.343. Distribution of CO2 allowances in the air pollution reduction account. § 145.341. Pennsylvania CO2 Budget Trading Program base budget.
(a) For 2022, the Pennsylvania CO2 Budget Trading Program base budget is 78,000,000 tons.
(b) For 2023, the Pennsylvania CO2 Budget Trading Program base budget is 75,510,630 tons.
(c) For 2024, the Pennsylvania CO2 Budget Trading Program base budget is 73,021,260 tons.
(d) For 2025, the Pennsylvania CO2 Budget Trading Program base budget is 70,531,890 tons.
(e) For 2026, the Pennsylvania CO2 Budget Trading Program base budget is 68,042,520 tons.
(f) For 2027, the Pennsylvania CO2 Budget Trading Program base budget is 65,553,150 tons.
(g) For 2028, the Pennsylvania CO2 Budget Trading Program base budget is 63,063,780 tons.
(h) For 2029, the Pennsylvania CO2 Budget Trading Program base budget is 60,574,410 tons.
(i) For 2030 and each succeeding calendar year, the Pennsylvania CO2 Budget Trading Program base budget is 58,085,040 tons.
§ 145.342. CO2 allowance allocations.
(a) General allocations. The Department will allocate CO2 allowances representing 100% of the tons for each allocation year from the Pennsylvania CO2 Budget Trading Program base budget set forth in § 145.341 (relating to Pennsylvania CO2 Budget Trading Program base budget) to the air pollution reduction account, less those CO2 allowances set aside each allocation year under subsection (b).
(b) Set-aside allocations.
(1) Waste coal set-aside account. The Department will allocate CO2 allowances to a waste coal set-aside account for each allocation year from the Pennsylvania CO2 Budget Trading Program base budget set forth in § 145.341, as provided under subsection (i).
(2) Strategic use set-aside account. The Department will allocate undistributed CO2 allowances to the strategic use set-aside account for each allocation year from the waste coal set-aside account, as provided under subsection (j).
(3) Cogeneration set-aside account. The Department will allocate CO2 allowances to a cogeneration set-aside account for each allocation year from the Pennsylvania CO2 Budget Trading Program base budget set forth in § 145.341, as provided under subsection (k).
(c) CO2 allowances available for allocation. For the allocation year 2022 and each succeeding calendar year, the Pennsylvania CO2 Budget Trading Program adjusted budget shall be the maximum number of CO2 allowances available for allocation in a given allocation year, except for CO2 offset allowances and CO2 CCR allowances. In any year in which there is no adjusted budget, the adjusted budget shall equal the base budget.
(d) Cost Containment Reserve (CCR) allocation. To contain the cost of CO2 allowances, the Department will allocate CO2 CCR allowances, separate from and additional to the Pennsylvania CO2 Budget Trading Program base budget set forth in § 145.341, to the air pollution reduction account. The Department will allocate CO2 CCR allowances by doing the following:
(1) The Department will initially allocate CCR allowances for calendar year 2022 in an amount equal to 10% of the Pennsylvania CO2 Budget Trading Program base budget for 2022 set forth in § 145.341(a).
(2) On or before January 1, 2023, and on or before January 1 of each calendar year thereafter, the Department will allocate current vintage year CCR allowances equal to 10% of the Pennsylvania CO2 Budget Trading Program base budget for the calendar year and withdraw the number of CO2 CCR allowances that remain in the air pollutant reduction account at the end of the prior calendar year.
(e) Emissions Containment Reserve (ECR) Withholding. To provide additional emissions reductions in the event of lower than anticipated emissions reduction costs, the Department will convert and transfer any CO2 allowancesthat have been withheld from any auction into the Pennsylvania ECR account. The Department will withhold CO2 ECR allowances by doing the following:
(1) If the condition in § 145.382(d)(1) (relating to general requirements) is met at an auction, then the maximum number of CO2 ECR allowances that will be withheld from that auction will be equal to 10% of the Pennsylvania CO2 Budget Trading Program base budget for that calendar year minus the total quantity of CO2 ECR allowances that have been withheld from any prior auction in that calendar year. Any CO2 ECR allowances withheld from an auction will be transferred into the Pennsylvania ECR account.
(2) CO2 allowances that have been transferred into the Pennsylvania ECR account will remain in the Pennsylvania ECR account as CO2 ECR allowances and not be withdrawn.
(f) Adjustment for banked allowances. The Department may determine whether any adjustments for banked allowances will be made by using the following formula:
ABA = ((A − AE)/Y) × RS%
Where:
ABA = The adjustment for banked allowances quantity in tons.
A (adjustment) = The total quantity of CO2 allowances of vintage years held in general and compliance accounts, including compliance accounts established under the CO2 Budget Trading Program, but not including accounts opened by participating states, as reflected in COATS.
AE (adjustment emissions) = The total quantity of emissions from all CO2 budget sources in all participating states, reported under the CO2 Budget Trading Program as reflected in COATS prior to the year of the adjustment.
RS% = The Commonwealth's adjustment year budget divided by the adjustment year regional budget.
Y = The time period in years over which the adjustment occurs.
(g) CO2 Budget Trading Program adjusted budget. The Department may establish the Pennsylvania CO2 Budget Trading Program adjusted budget for an allocation year by the following formula:
AB = BB − ABA
Where:
AB = The Pennsylvania CO2 Budget Trading Program adjusted budget.
BB = The Pennsylvania CO2 Budget Trading Program base budget.
ABA = The adjustment for banked allowances quantity in tons.
(h) If the Department determines to adjust the budget for banked allowances under subsections (f) and (g), the Department will publish in the Pennsylvania Bulletin the CO2 Budget Trading Program adjusted budget for the allocation year.
(i) Waste coal set-aside allocation. The waste coal set-aside allocation will consist of tons from the Pennsylvania CO2 Budget Trading Program base budget set forth in § 145.341, as applicable. The Department will administer the waste coal set-aside account in accordance with the following:
(1) Applicability. This subsection applies to waste coal-fired units located in Pennsylvania that commenced operation on or before ______ (Editor's Note: The blank refers to the effective date of this rulemaking, when published as a final-form rulemaking.), that are subject to the CO2 Budget Trading Program requirements under § 145.304 (relating to applicability).
(2) General account. The Department will open and manage a general account for the waste coal set-aside account.
(3) Allowance transfer. By March 1 of each calendar year, the Department may transfer a portion of the CO2 allowances allocated to the air pollution reduction account to the waste coal set-aside account in an amount equal to legacy emissions from waste coal-fired units applicable under subsection (i)(1). The Department has determined that the total amount of legacy emissions equal 9,300,000 tons.
(4) Compliance allocation. Except for a year with an exceedance of legacy emissions under subsection (i)(5), by March 1 of each calendar year, the Department will allocate CO2 allowances from the waste coal set-aside account to the compliance account of each waste coal-fired unit in an amount equal to the actual number of CO2 emissions in tons emitted from the waste coal-fired unit during the previous year.
(i) After allocating CO2 allowances under subsection (i)(4), the Department will transfer any undistributed CO2 allowances from the waste coal set-aside account to the strategic use set-aside account.
(ii) CO2 allowances allocated under this subsection must only be used for compliance with the CO2 budget emissions limitation for the waste coal-fired unit. The sale or transfer of CO2 allowances from the unit's compliance account will be considered a violation of this subchapter.
(5) Exception for exceedance of legacy emissions. If the total actual CO2 emissions from waste coal-fired units exceed 9,300,000 tons during a calendar year, the Department will account for the exceedance as follows:
(i) By February 15 of the year following the exceedance, the Department will determine the difference between each unit's legacy emissions and the unit's actual emissions during the previous year.
(ii) By February 15 of the year following the exceedance, the Department will allocate CO2 allowances from the waste coal set-aside account to the compliance account of each waste coal-fired unit in an amount equal to the actual number of CO2 emissions in tons emitted from the waste coal-fired unit during the previous year minus the exceedance of legacy emissions.
(iii) After the allocation under subsection (i)(5)(ii), if there are CO2 allowances remaining in the waste coal set-aside account, the Department may distribute CO2 allowances to each waste coal-fired unit requiring CO2 allowances to meet the CO2 requirements under § 145.306(c) (relating to standard requirements) in an amount proportionate to the exceedance.
(iv) By the CO2 allowance transfer deadline of the year following the exceedance, the owner or operator of each waste coal-fired unit requiring additional CO2 allowances to satisfy the CO2 requirements under § 145.306(c) must transfer CO2 allowances for compliance deductions under § 145.355 (relating to compliance) to the compliance account of the unit.
(6) Set-aside termination. If no CO2 allowances are allocated under subsection (i)(4) in any calendar year due to the fact that there were no actual CO2 emissions from waste coal-fired units subject to this subsection, then the CO2 allowances remaining in the waste coal set-aside account will be transferred to the strategic use set-aside account. No additional CO2 allowances will be allocated to the waste coal set-aside account under subsection (i)(3) and the Department will close the waste coal set-aside account.
(j) Strategic use set-aside allocation. The strategic use set-aside allocation will consist of undistributed CO2 allowances from the waste coal set-aside account. The Department will administer the strategic use set-aside account in accordance with the following:
(1) General account. The Department will open and manage a general account for the strategic use set-aside account.
(2) Allowance transfer. By April 1 of each calendar year, the Department will transfer undistributed CO2 allowances allocated to the waste coal set-aside account to the strategic use set-aside account.
(3) Allocation to eligible projects. The Department may distribute CO2 allowances from the strategic use set-aside account for the use in the elimination of air pollution including the following:
(i) Encourage and foster promotion of energy efficiency measures.
(ii) Promotion of renewable or noncarbon-emitting energy technologies.
(iii) Stimulation or reward of investment in the development of innovative carbon emissions abatement technologies with significant carbon reduction potential.
(k) Cogeneration set-aside allocation. The cogeneration set-aside allocation will consist of tons from the Pennsylvania CO2 Budget Trading Program base budget set forth in § 145.341, as applicable. The Department will administer the cogeneration set-aside account in accordance with the following:
(1) Applicability. The Department will adjust the compliance obligation of a CO2 budget unit that is a cogeneration unit for which a complete application has been filed under subsection (k)(3).
(2) General account. The Department will open and manage a general account for the cogeneration set-aside account.
(3) Compliance obligation adjustment application. By January 30 of the year following the allocation year for which the compliance obligation adjustment is being requested, the CO2 authorized account representative seeking the compliance obligation adjustment for a cogeneration unit shall submit to the Department a complete application, in a format prescribed by the Department, that includes the following:
(i) Documentation that the CO2 budget unit is a cogeneration unit.
(ii) Identification of the compliance account for the CO2 budget unit.
(iii) Identification of the allocation year for which an adjustment request is being made.
(iv) Specification of the amount of the adjustment being requested, as determined under subsection (k)(4).
(v) The calculations and supporting data used to determine the compliance obligation adjustment being requested and an explanation of the data and the methods on which the calculations are based.
(4) Compliance obligation adjustment determination. After verifying that the information submitted in the application under paragraph (k)(3) is complete and accurate, the Department will determine the compliance obligation adjustment for a CO2 budget unit that meets the applicability requirements under paragraph (k)(1) based on the CO2 emissions from the CO2 budget unit during the allocation year for which an adjustment request is being submitted. The Department will adjust the compliance obligation by reducing the total CO2 emissions by an amount equal to the CO2 that is emitted as a result of providing useful thermal energy or electricity, or both, supplied directly to the co-located facility during the allocation year. The compliance obligation will include CO2 emissions associated with the production of electricity that is supplied to a regional electric grid, transmission and related distribution systems and the cogeneration unit will be responsible for securing CO2 allowances for those emissions.
(5) Retirement and transfer of CO2 allowances. At the end of each control period, the Department will retire CO2 allowances from the cogeneration set-aside account in an amount equal to the CO2 emissions deducted from one or more compliance obligations under subsection (k)(4). The Department will transfer any remaining CO2 allowances to the air pollution reduction account to be available for auction.
§ 145.343. Distribution of CO2 allowances in the air pollution reduction account.
(a) Except for the CO2 allowances allocated to the waste coal set-aside account under § 145.342(i) (relating to CO2 allowance allocations), the strategic use set-aside account under § 145.342(j) and the cogeneration set-aside account under § 145.342(k), the Department will make all CO2 allowances for an allocation year that are held in the air pollution reduction account for that allocation year available for purchase or auction by no later than the December 31 of the calendar year that corresponds to that allocation year.
(b) The Department will administer the air pollution reduction account so that CO2 allowances will be sold in a transparent allowance auction. The proceeds of the auction will be used in the elimination of air pollution in accordance with the act and Chapter 143 (relating to disbursements from the Clean Air Fund) and for programmatic costs associated with the CO2 Budget Trading Program.
(c) The Department or its agent, will not be obligated to sell any CO2 allowances for less than the reserve price.
(d) The Department may transfer to the air pollution reduction account undistributed or unsold CO2 allowances at the end of each control period, including CO2 allowances allocated to the waste coal set-aside account under § 145.342(i), the strategic use set-aside account under § 145.342(j) and the cogeneration set-aside account under § 145.342(k).
CO2 ALLOWANCE TRACKING SYSTEM Sec.
145.351. CO2 Allowance Tracking System (COATS) accounts. 145.352. Establishment of accounts. 145.353. COATS responsibilities of CO2 authorized account representative and CO2 authorized alternate account representative. 145.354. Recordation of CO2 allowance allocations. 145.355. Compliance. 145.356. Banking. 145.357. Account error. 145.358. Closing of general accounts. § 145.351. CO2 Allowance Tracking System (COATS) accounts.
(a) Nature and function of compliance accounts. Consistent with § 145.352(a) (relating to establishment of accounts), the Department or its agent will establish one compliance account for each CO2 budget source. Allocations of CO2 allowances under §§ 145.341—145.343 (relating to CO2 allowance allocations) and deductions or transfers of CO2 allowances under §§ 145.332, 145.355 and 145.357 (relating to Department action on compliance certifications; compliance; and account error) or §§ 145.361—145.363 (relating to of CO2 allowance transfers) will be recorded in the compliance accounts.
(b) Nature and function of general accounts. Consistent with § 145.352(b), the Department or its agent will establish, upon request, a general account for any person. Transfers of CO2 allowances under §§ 145.361—145.363 will be recorded in the general account.
§ 145.352. Establishment of accounts.
(a) Compliance accounts. Upon receipt of a complete account certificate of representation under § 145.314 (relating to account certificate of representation), the Department or its agent will establish a compliance account for each CO2 budget source for which the account certificate of representation was submitted.
(b) General accounts.
(1) Any person may apply to open a general account for the purpose of holding and transferring CO2 allowances by submitting a complete application for a general account to the Department or its agent that includes the following:
(i) The name, mailing address, e-mail address and telephone number of the CO2 authorized account representative and any CO2 authorized alternate account representative.
(ii) The organization name and type of organization.
(iii) A list of all persons subject to a binding agreement for the CO2 authorized account representative or any CO2 authorized alternate account representative to represent their ownership interest with respect to the CO2 allowances held in the general account.
(iv) The following certification statement by the CO2 authorized account representative and any CO2 authorized alternate account representative:
''I certify that I was selected as the CO2 authorized account representative or the CO2 authorized alternate account representative by an agreement that is binding on all persons who have an ownership interest with respect to CO2 allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO2 Budget Trading Program on behalf of all persons and that each person shall be fully bound by my representations, actions, inactions or submissions and by any order or decision issued to me by the Department or its agent or a court regarding the general account.''
(v) The signature of the CO2 authorized account representative and any CO2 authorized alternate account representative and the dates signed.
(vi) Unless otherwise required by the Department or its agent, documents of agreement referred to in the application for a general account should not be submitted to the Department or its agent. The Department and its agent are not under any obligation to review or evaluate the sufficiency of any documents of agreement, if submitted.
(2) Authorization of CO2 authorized account representative.
(i) Upon receipt by the Department or its agent of a complete application for a general account under subsection (b)(1), the Department or its agent will establish a general account for the person for whom the application is submitted.
(ii) The CO2 authorized account representative and any CO2 authorized alternate account representative for the general account shall represent and, by their representations, actions, inactions or submissions, legally bind each person who has an ownership interest with respect to CO2 allowances held in the general account in all matters pertaining to the CO2 Budget Trading Program, notwithstanding an agreement between the CO2 authorized account representative or any CO2 authorized alternate account representative and the person. This person shall be bound by any order or decision issued to the CO2 authorized account representative or any CO2 authorized alternate account representative by the Department or its agent or a court regarding the general account.
(iii) Any representation, action, inaction or submission by any CO2 authorized alternate account representative shall be deemed to be a representation, action, inaction or submission by the CO2 authorized account representative.
(iv) Each submission concerning the general account shall be submitted, signed and certified by the CO2 authorized account representative or any CO2 authorized alternate account representative for the persons having an ownership interest with respect to CO2 allowances held in the general account. Each submission shall include the following certification statement by the CO2 authorized account representative or any CO2 authorized alternate account representative:
''I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CO2 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 under 18 Pa.C.S. § 4904 for submitting false statements and information or omitting required statements and information.''
(v) The Department or its agent will accept or act on a submission concerning the general account only if the submission has been made, signed and certified in accordance with subsection (b)(2)(iv).
(3) Changing CO2 authorized account representative and CO2 authorized alternate account representative; changes in persons with ownership interest.
(i) The CO2 authorized account representative or the CO2 authorized alternate account representative for a general account may be changed at any time upon receipt by the Department or its agent of a superseding complete application for a general account under subsection (b)(1). Notwithstanding a change, the representations, actions, inactions and submissions by the previous CO2 authorized account representative, or the previous CO2 authorized alternate account representative, prior to the time and date when the Department or its agent receives the superseding application for a general account shall be binding on the new CO2 authorized account representative or the new CO2 authorized alternate account representative and the persons with an ownership interest with respect to the CO2 allowances in the general account.
(ii) A revision of ownership listing shall include the following:
(A) If a new person having an ownership interest with respect to CO2 allowances in the general account is not included in the list of persons in the application for a general account, the new person shall be deemed to be subject to and bound by the application for a general account, the representations, actions, inactions and submissions of the CO2 authorized account representative and any CO2 authorized alternate account representative, and the decisions, orders, actions and inactions of the Department or its agent, 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 CO2 allowances in the general account, including the addition or deletion of persons, the CO2 authorized account representative or any CO2 authorized alternate 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 CO2 allowances in the general account to include the change.
(4) Objections concerning CO2 authorized account representative.
(i) Once a complete application for a general account under subsection (b)(1) has been submitted and received, the Department or its agent will rely on the application until a superseding complete application for a general account under subsection (b)(3)(i) is received by the Department or its agent.
(ii) Except as provided in subsections (b)(3)(i) and (ii), no objection or other communication submitted to the Department or its agent concerning the authorization, or any representation, action, inaction or submission of the CO2 authorized account representative or any CO2 authorized alternate account representative for a general account will affect any representation, action, inaction or submission of the CO2 authorized account representative or any CO2 authorized alternate account representative or the finality of any decision or order by the Department or its agent under the CO2 Budget Trading Program.
(iii) The Department or its agent will not adjudicate a private legal dispute concerning the authorization or any representation, action, inaction or submission of the CO2 authorized account representative or any CO2 authorized alternate account representative for a general account, including private legal disputes concerning the proceeds of CO2 allowance transfers.
(5) Delegation by CO2 authorized account representative and CO2 authorized alternate account representative.
(i) A CO2 authorized account representative or a CO2 authorized alternate account representative may delegate, to one or more persons, their authority to make an electronic submission to the Department or its agent under § 145.361 (relating to submission of CO2 allowance transfers).
(ii) To delegate authority to make an electronic submission to the Department or its agent in accordance with subsection (b)(5)(1), the CO2 authorized account representative or CO2 authorized alternate account representative must submit to the Department or its agent a notice of delegation, in a format prescribed by the Department that includes the following:
(A) The name, address, e-mail address and telephone number of the CO2 authorized account representative or CO2 authorized alternate account representative.
(B) The name, address, e-mail address and telephone number of each electronic submission agent.
(C) For each electronic submission agent, a list of the type of electronic submissions under subsection (b)(5)(1) for which authority is delegated.
(D) The following certification statements by the delegating CO2 authorized account representative or CO2 authorized alternate account representative:
(I) ''I agree that any electronic submission to the Department or its agent that is by an electronic submission agent identified in this notice of delegation and of a type listed for the electronic submission agent in this notice of delegation and that is made when I am a CO2 authorized account representative or CO2 authorized alternate account representative before this notice of delegation is superseded by another notice of delegation under 25 Pa. Code § 145.352(b)(5)(ii) shall be deemed to be an electronic submission by me.''
(II) ''Until this notice of delegation is superseded by another notice of delegation under 25 Pa. Code § 145.352(b)(5)(ii), I agree to maintain an e-mail account and to notify the Department or its agent immediately of any change in my e-mail address unless all delegation authority by me under subparagraph (b)(5)(ii) is terminated.''
(iii) A notice of delegation submitted under subsection (b)(5)(ii) shall be effective, with regard to the delegating CO2 authorized account representative or CO2 authorized alternate account representative identified in the notice, upon receipt of the notice by the Department or its agent and until receipt by the Department or its agent of a superseding notice of delegation by the CO2 authorized account representative or CO2 authorized alternate account representative. The superseding notice of delegation may replace any previously identified electronic submission agent, add a new electronic submission agent, or eliminate entirely any delegation of authority.
(iv) Any electronic submission covered by the certification in subsection (b)(5)(ii)(D) and made in accordance with a notice of delegation effective under subsection (b)(5)(ii) shall be deemed to be an electronic submission by the CO2 authorized account representative or CO2 authorized alternate account representative submitting the notice of delegation.
(c) Account identification. The Department or its agent will assign a unique identifying number to each account established under subsection (a) or subsection (b).
§ 145.353. COATS responsibilities of CO2 authorized account representative and CO2 authorized alternate account representative.
Following the establishment of a COATS account, the submissions to the Department or its agent pertaining to the account, including submissions concerning the deduction or transfer of CO2 allowances in the account, shall be made only by the CO2 authorized account representative or CO2 authorized alternate account representative for the account.
§ 145.354. Recordation of CO2 allowance allocations.
(a) By January 1 of each calendar year, the Department or its agent will record the CO2 allowances allocated for the air pollution reduction account under § 145.342(a) (relating to CO2 allowance allocations).
(b) By January 1 of each calendar year, the Department or its agent will record the CO2 allowances allo- cated for the waste coal set-aside account under § 145.342(b)(1), for the strategic use set-aside account under § 145.342(b)(2) and for the cogeneration set-aside account under § 145.342(b)(3) for the year after the last year for which CO2 allowances were previously allocated to the set-aside account.
(c) The Department or its agent will assign each CO2 allowance a serial number that will include digits identifying the year for which the CO2 allowance is allocated.
§ 145.355. Compliance.
(a) Allowances available for compliance deduction. The CO2 allowances are available to be deducted for compliance with the CO2 requirements under § 145.306(c) (relating to standard requirements) for a control period or an interim control period only if the CO2 allowances meet the following:
(1) The CO2 allowances, other than CO2 offset allowances, are allocated for a prior control period, the same control period or the interim control period for which the allowances will be deducted.
(2) The CO2 allowances are held in the CO2 budget source's compliance account as of the CO2 allowance transfer deadline for that control period or the interim control period or are transferred into the compliance account by a CO2 allowance transfer correctly submitted for recordation under § 145.361 (relating to submission of CO2 allowance transfers) by the CO2 allowance transfer deadline for that control period or the interim control period.
(3) For CO2 offset allowances, the number of CO2 offset allowances available to be deducted in order for a CO2 budget source to comply with the CO2 requirements under § 145.306(c) for a control period or an interim control period may not exceed 3.3% of the CO2 budget source's CO2 emissions for that control period or 3.3% of 0.50 times the CO2 budget source's CO2 emissions for an interim control period, as determined in accordance with §§ 145.351—145.358 (relating to CO2 allowance tracking system) and 145.371—145.377 (relating to monitoring, reporting and recordkeeping requirements).
(4) The CO2 allowances are not necessary for deductions for excess emissions for a prior control period under subsection (d).
(b) Deductions for compliance. Following the recordation, in accordance with § 145.362 (relating to recordation), of CO2 allowance transfers submitted for recordation in the CO2 budget source's compliance account by the CO2 allowance transfer deadline for a control period or interim control period, the Department or its agent will deduct CO2 allowances available under subsection (a) to cover the source's CO2 emissions for the control period or interim control period, as follows:
(1) Until the amount of CO2 allowances deducted equals the number of tons of total CO2 emissions, or 0.50 times the number of tons of total CO2 emissions for an interim control period, less any CO2 emissions attributable to the burning of eligible biomass, determined in accordance with §§ 145.371—145.377, from all CO2 budget units at the CO2 budget source for the control period or interim control period.
(2) Until there are no more CO2 allowances remaining in the compliance account that are available to be deducted under subsection (a), if there are insufficient CO2 allowances to complete the deductions in subsection (b)(1).
(c) Allowance identification.
(1) The CO2 authorized account representative for a CO2 budget source's compliance account may identify by serial number the CO2 allowances to be deducted from the compliance account for emissions or excess emissions for a control period or an interim control period in accordance with subsection (b) or subsection (d). The identification shall be made in the compliance certification report submitted in accordance with § 145.331 (relating to compliance certification report).
(2) The Department or its agent will deduct CO2 allowances for a control period or an interim control period from the CO2 budget source's compliance account, in the absence of an identification or in the case of a partial identification of available CO2 allowances by serial number under subsection (c)(1), in the following order:
(i) CO2 offset allowances subject to the relevant compliance deduction limitations under subsection (a)(3) will be deducted in chronological order. In the event that some, but not all, CO2 offset allowances from a particular allocation year are to be deducted, CO2 offset allowances will be deducted by serial number, with lower serial number allowances deducted before higher serial number allowances.
(ii) CO2 allowances, other than CO2 offset allowances, that are available for deduction under subsection (a) will be deducted in chronological order. In the event that some, but not all, CO2 allowances from a particular allocation year are to be deducted, CO2 allowances will be deducted by serial number, with lower serial number allowances deducted before higher serial number allowances.
(d) Deductions for excess emissions.
(1) After making the deductions for compliance under subsection (b), the Department or its agent will deduct from the CO2 budget source's compliance account a number of CO2 allowances, equal to 3 times the number of the CO2 budget source's excess emissions.
(2) If the compliance account does not contain sufficient CO2 allowances to cover 3 times the number of the CO2 budget source's excess emissions, the CO2 budget source shall immediately transfer CO2 allowances into its compliance account in an amount equal to 3 times the number of the CO2 budget source's excess emissions. No CO2 offset allowances may be deducted to account for the source's excess emissions.
(3) A CO2 allowance deduction required under subsection (d)(1) will not affect the liability of the owner or operator of the CO2 budget source or the CO2 budget units at the source 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 by the Department in assessing fines, penalties or other obligations:
(i) For purposes of determining the number of days of violation, if a CO2 budget source has excess emissions for a control period or an interim control period, each day in the control period or an interim control period constitutes a day of violation unless the owner or operator of the unit demonstrates that a lesser number of days should be considered.
(ii) Each ton of excess emissions is a separate violation.
(e) Recordation. The Department or its agent will record in the appropriate compliance account all deductions from the account under subsections (b)—(d).
(f) Action by the Department on submissions.
(1) The Department may review and conduct independent audits concerning any submission under the CO2 Budget Trading Program and make appropriate adjustments of the information in the submissions.
(2) The Department may deduct CO2 allowances from or transfer CO2 allowances to a CO2 budget source's compliance account based on information in the submissions, as adjusted under subsection (f)(1).
§ 145.356. Banking.
A CO2 allowance that is held in a compliance account or a general account will remain in the account until the CO2 allowance is deducted or transferred under § 145.332, § 145.355, § 145.357 or §§ 145.361—145.363.
§ 145.357. Account error.
The Department or its agent may correct any error in a COATS account. Within 10 business days of making the correction, the Department or its agent will notify the CO2 authorized account representative for the account.
§ 145.358. Closing of general accounts.
(a) The CO2 authorized account representative of a general account may instruct the Department or its agent to close the account by submitting a statement requesting deletion of the account from COATS and by correctly submitting for recordation under § 145.361 (relating to submission of CO2 allowance transfers) a CO2 allowance transfer of all CO2 allowances in the account to one or more other COATS account.
(b) If a general account shows no activity for 1 year or more and does not contain any CO2 allowances, the Department or its agent may notify the CO2 authorized account representative for the account that the account will be closed in COATS following 30 business days after the notice is sent. The Department or its agent will close the account after the 30-day period unless before the end of the 30-day period the Department or its agent receives a correctly submitted transfer of CO2 allowances into the account under § 145.361 or a statement submitted by the CO2 authorized account representative requesting that the account should not be closed. The Department or its agent will have sole discretion to determine if the owner or operator of the unit demonstrated that the account should not be closed.
CO2 ALLOWANCE TRANSFERS Sec.
145.361 Submission of CO2 allowance transfers. 145.362 Recordation. 145.363 Notification. § 145.361. Submission of CO2 allowance transfers.
The CO2 authorized account representatives seeking recordation of a CO2 allowance transfer shall submit the transfer to the Department or its agent. The CO2 allowance transfer shall include the following, in a format prescribed by the Department:
(1) The numbers identifying the accounts of the transferor and transferee.
(2) A specification by serial number of each CO2 allowance to be transferred.
(3) The printed name and signature of the CO2 authorized account representative of the transferor account and the date signed.
(4) The date of the completion of the last sale or purchase transaction for the CO2 allowance, if any.
(5) The purchase or sale price of the CO2 allowance that is the subject of a sale or purchase transaction under paragraph (4).
§ 145.362. Recordation.
(a) Within 5 business days of receiving a CO2 allowance transfer, except as provided in subsection (b), the Department or its agent will record a CO2 allowance transfer by moving each CO2 allowance from the account of the transferor to the account of the transferee as specified by the request, if the following are met:
(1) The transfer is correctly submitted under § 145.361 (relating to submission of CO2 allowance transfers).
(2) The account of the transferor includes each CO2 allowance identified by serial number in the transfer.
(b) A CO2 allowance transfer into or out of a compliance account that is submitted for recordation following the CO2 allowance transfer deadline and that includes any CO2 allowance allocated for a control period or interim control period prior to or the same as the control period or interim control period to which the CO2 allowance transfer deadline applies will not be recorded until after completion of the process in § 145.355(b) (relating to compliance).
(c) A CO2 allowance transfer submitted for recordation that fails to meet the requirements of subsection (a) will not be recorded.
§ 145.363. Notification.
(a) Notification of recordation. Within 5 business days of recordation of a CO2 allowance transfer under § 145.362 (relating to recordation), the Department or its agent will notify each party to the transfer. Notice will be given to the CO2 authorized account representative of the account of the transferor and the CO2 authorized account representative of the account of the transferee.
(b) Notification of non-recordation. Within 10 business days of receipt of a CO2 allowance transfer that fails to meet the requirements of § 145.362(a), the Department or its agent will notify the CO2 authorized account representative of the account of the transferor and the CO2 authorized account representative of the account of the transferee of the following:
(1) A decision not to record the transfer.
(2) The reasons for the non-recordation.
(c) Resubmission. Nothing in this section precludes the resubmission of a CO2 allowance transfer for recordation following notification under subsection (b).
MONITORING, REPORTING AND RECORDKEEPING REQUIREMENTS Sec.
145.371 General monitoring requirements. 145.372 Initial certification and recertification procedures. 145.373 Out-of-control periods. 145.374 Notifications. 145.375 Recordkeeping and reporting. 145.376 Petitions. 145.377 CO2 budget units that co-fire eligible biomass. § 145.371. General monitoring requirements.
The owner or operator, and to the extent applicable, the CO2 authorized account representative of a CO2 budget unit, shall comply with the monitoring, recordkeeping and reporting requirements as provided in this section and §§ 145.372—145.377 and all applicable sections of 40 CFR Part 75 (relating to continuous emission monitoring). Where referenced in §§ 145.371—145.377 (relating to monitoring, reporting and recordkeeping requirements), the monitoring requirements of 40 CFR Part 75 shall be adhered to in a manner consistent with the purpose of monitoring and reporting CO2 mass emissions under this subchapter. For purposes of complying with these requirements, the definitions in § 145.302 (relating to definitions) and in 40 CFR 72.2 (relating to definitions) apply, and the terms ''affected unit,'' ''designated representative'' and ''continuous emissions monitoring system'' in 40 CFR Part 75 shall be replaced by the terms ''CO2 budget unit,'' ''CO2 authorized account representative'' and ''continuous emissions monitoring system,'' respectively, as defined in § 145.302. For units not subject to an acid rain emissions limitation, the term ''Administrator'' in 40 CFR Part 75 shall be replaced with ''the Administrator, Department or its agent.'' The owner or operator of a CO2 budget unit who monitors a unit that is not a CO2 budget unit pursuant to the common, multiple or bypass stack procedures in 40 CFR 75.72(b)(2)(ii) (relating to determination of NOx mass emissions for common stack and multiple stack configurations) or 40 CFR 75.16(b)(2)(ii)(B) (relating to special provisions for monitoring emissions from common, bypass, and multiple stacks for SO2 emissions and heat input determinations) as pursuant to 40 CFR 75.13 (relating to specific provisions for monitoring CO2 emissions) for purposes of complying with this subchapter, shall monitor and report CO2 mass emissions from a unit that is not a CO2 budget unit in accordance with the monitoring, reporting and recordkeeping requirements for a CO2 budget unit under §§ 145.371—145.377.
(1) Requirements for installation, certification and data accounting. The owner or operator of each CO2 budget unit must meet the following:
(i) Install all monitoring systems necessary to monitor CO2 mass emissions in accordance with 40 CFR Part 75, except for equation G-1. This includes all systems required to monitor CO2 concentration, stack gas flow rate, O2 concentration, heat input and fuel flow rate, in accordance with 40 CFR Part 75, Subpart H (relating to NOx mass emissions provisions).
(ii) Successfully complete all certification tests required under § 145.372 (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 paragraph (1)(i).
(iii) Record, report and quality-assure the data from the monitoring systems under paragraph (1)(i).
(2) Compliance dates. The owner or operator of a CO2 budget unit shall meet the monitoring system certification and other requirements of paragraph (1) and shall record, report and quality-assure data from the monitoring systems under paragraph (1)(i) according to the following schedule:
(i) Except for a CO2 budget unit under paragraph (2)(ii), a CO2 budget unit that commences commercial operation before July 1, 2021, shall comply with this section and §§ 145.372—145.377 by January 1, 2022.
(ii) A CO2 budget unit that commences commercial operation on or after July 1, 2021, shall comply with the requirements of this section and §§ 145.372—145.377 by the later of the following dates:
(A) January 1, 2022.
(B) The earlier of:
(I) 90-unit operating days after the date on which the unit commences commercial operation.
(II) 180 calendar days after the date on which the unit commences commercial operation.
(iii) The owner or operator of a CO2 budget unit for which construction of a new stack or flue installation is completed after the applicable deadline under paragraph (2)(i) or (2)(ii) by the earlier of:
(A) 90-unit operating days after the date on which emissions first exit to the atmosphere through the new stack or flue.
(B) 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue.
(3) Reporting data.
(i) Except as provided in paragraph (3)(ii), the owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in paragraph (2) for any monitoring system under paragraph (1)(i) shall, for each monitoring system, determine, record and report maximum potential, or as appropriate minimum potential, values for CO2 concentration, CO2 emissions rate, stack gas moisture content, fuel flow rate, heat input and any other parameter required to determine CO2 mass emissions under 40 CFR 75.31(b)(2) or 40 CFR 75.31(c)(3) (relating to initial missing data procedures), or 40 CFR Part 75, Appendix D, Section 2.4 (relating to optional SO2 emissions data protocol for gas-fired and oil-fired units), as applicable.
(ii) The owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in paragraph (2)(iii) for any monitoring system under paragraph (1)(i) shall, for each monitoring system, determine, record and report substitute data using the applicable missing data procedures in 40 CFR Part 75, Subpart D (relating to missing data substitution procedures) or Appendix D, instead of the maximum potential, or as appropriate minimum potential, values for a parameter if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation under paragraph (2)(iii).
(A) A CO2 budget unit subject to an acid rain emissions limitation that qualifies for the optional SO2, NOx and CO2 emissions calculations for low mass emissions (LME) units under 40 CFR 75.19 (relating to optional SO2, NOx, and CO2 emissions calculation for low mass emissions (LME) units) and report emissions for the acid rain program using the calculations under 40 CFR 75.19, shall also use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with this subchapter.
(B) A CO2 budget unit subject to an acid rain emissions limitation that does not qualify for the optional SO2, NOx and CO2 emissions calculations for LME units under 40 CFR 75.19, shall not use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with this subchapter.
(C) A CO2 budget unit not subject to an acid rain emissions limitation shall qualify for the optional CO2emissions calculation for LME units under 40 CFR 75.19, if the unit emits less than 100 tons of NOx annually and no more than 25 tons of SO2 annually.
(4) Prohibitions.
(i) An owner or operator of a CO2 budget unit may not use an alternative monitoring system, alternative reference method or another alternative for the required CEMS without having obtained prior written approval in accordance with § 145.376 (relating to petitions).
(ii) An owner or operator of a CO2 budget unit may not operate the unit so as to discharge, or allow to be discharged, CO2 emissions to the atmosphere without accounting for the emissions in accordance with the applicable provisions of this subchapter and 40 CFR Part 75.
(iii) An owner or operator of a CO2 budget unit may not disrupt the CEMS, a portion thereof or another approved emissions monitoring method, and thereby avoid monitoring and recording CO2 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.
(iv) An owner or operator of a CO2 budget unit may not retire or permanently discontinue use of the CEMS, any component thereof or another approved emissions monitoring system under this subchapter, except under one of the following circumstances:
(A) 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 the unit that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system.
(B) The CO2 authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with § 145.372(d)(3)(i) (relating to initial certification and recertification procedures).
§ 145.372. Initial certification and recertification procedures.
(a) Exemption. The owner or operator of a CO2 budget unit shall be exempt from the initial certification requirements for a monitoring system under § 145.371(1)(i) (relating to general monitoring requirements) if the following conditions are met:
(1) The monitoring system has been previously certified in accordance with 40 CFR Part 75 (relating to continuous emission monitoring).
(2) The applicable quality-assurance and quality-control requirements of 40 CFR 75.21 (relating to quality assurance and quality control requirements) and 40 CFR Part 75, Appendix B (relating to quality assurance and quality control procedures) and Appendix D (relating to optional SO2 emissions data protocol for gas-fired and oil-fired units) are fully met for the certified monitoring system described in subsection (a)(1).
(b) Applicability. The recertification provisions of this section shall apply to a monitoring system under § 145.371(1)(i) that is exempt from initial certification requirements under subsection (a).
(c) Petitions. Notwithstanding subsection (a), if the Administrator approved a petition under 40 CFR 75.72(b)(2)(ii) or 40 CFR 75.16(b)(2)(ii)(B) (relating to determination of NOx mass emissions for common stack and multiple stack configurations; and special provisions for monitoring emissions from common, bypass, and multiple stacks for SO2 emissions and heat input determinations) as pursuant to 40 CFR 75.13 (relating to specific provisions for monitoring CO2 emissions) for apportioning the CO2 emissions rate measured in a common stack or a petition under 40 CFR 75.66 (relating to petitions to the administrator) for an alternative requirement in 40 CFR Part 75, the CO2 authorized account representative shall submit the petition to the Department under § 145.376(a) (relating to petitions) to determine if the approval applies under the CO2 Budget Trading Program.
(d) Certification and recertification. Except as provided in subsection (a), the owner or operator of a CO2 budget unit shall comply with the initial certification and recertification procedures for a CEMS and an excepted monitoring system under 40 CFR Part 75, Appendix D and under § 145.371(1)(i). The owner or operator of a CO2 budget unit that qualifies to use the low mass emissions excepted monitoring methodology in 40 CFR 75.19 (relating to optional SO2, NOx, and CO2 emissions calculation for low mass emissions (LME) units) or that qualifies to use an alternative monitoring system under 40 CFR Part 75, Subpart E (relating to alternative monitoring systems) shall comply with the procedures in subsection (e) or subsection (f), respectively.
(1) Requirements for initial certification. The owner or operator of a CO2 budget unit shall ensure that each CEMS required under § 145.371(1)(i), including the automated data acquisition and handling system, successfully completes all of the initial certification testing required under 40 CFR 75.20 (relating to initial certification and recertification procedures) by the applicable deadlines specified in § 145.371(2). In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this subchapter in a location where no monitoring system was previously installed, initial certification in accordance with 40 CFR 75.20 is required.
(2) Requirements for recertification.
(i) Whenever the owner or operator makes a replacement, modification or change to a certified CEMS under § 145.371(1)(i) that the Administrator or the Department determines significantly affects the ability of the system to accurately measure or record CO2 mass emissions or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or 40 CFR Part 75, Appendix B, the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b).
(ii) For a system using stack measurements including stack flow, stack moisture content, CO2 or O2 monitors, whenever the owner or operator makes a replacement, modification or change to the flue gas handling system or the unit's operation that the Administrator or the Department determines to significantly change the flow or concentration profile, the owner or operator shall recertify the CEMS according to 40 CFR 75.20(b).
(3) Approval process for initial certification and recertification.
(i) Notification of certification. The CO2 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 § 145.374 (relating to notifications).
(ii) Certification application. The CO2 authorized account representative shall submit to the Department a certification application for each monitoring system required under 40 CFR 75.63 (relating to initial certification or recertification application). A complete certification application shall include the information specified in 40 CFR 75.63.
(iii) Provisional certification data. The provisional certification date for a monitor shall be determined in accordance with 40 CFR 75.20(a)(3). A provisionally certified monitor may be used under the CO2 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 (d)(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 within 120 days of receipt of the complete certification application by the Department.
(iv) Certification application approval process. The Department will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under subsection (d)(3)(ii). If the Department does not issue the notice within the 120-day period, 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 CO2 Budget Trading Program.
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR Part 75, the Department will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, the Department will issue a written notice of incompleteness that sets a date by which the CO2 authorized account representative must submit the additional information required to complete the certification application. If the CO2 authorized account representative does not comply with the notice of incompleteness by the specified date, then the Department may issue a notice of disapproval under subsection (d)(3)(iv)(C). The 120-day review period may not begin prior to receipt of a complete certification application.
(C) Disapproval notice. If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of 40 CFR Part 75, or if the certification application is incomplete and the requirement for disapproval under subsection (d)(3)(iv)(B) is met, then the Department will issue a written notice of disapproval of the certification application. Upon issuance of the notice of disapproval, the provisional certification is invalidated by the Department and the data measured and recorded by each uncertified monitoring system or component thereof will not be considered valid quality-assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in subsection (d)(3)(v) for each monitoring system or component thereof which is disapproved for initial certification.
(D) Audit decertification. The Department may issue a notice of disapproval of the certification status of a monitor in accordance with § 145.373(b) (relating to out-of-control periods).
(v) Procedures for loss of certification. If the Department issues a notice of disapproval of a certification application under subsection (d)(3)(iv)(C) or a notice of disapproval of certification status under subsection (d)(3)(iv)(D), the following apply:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data beginning with the date and hour of provisional certification and continuing until the time, date and hour specified under 40 CFR 75.20(a)(5)(i) or 40 CFR 75.20(g)(7):
(I) For a unit using or intending to monitor for CO2 mass emissions using heat input or for a unit using the low mass emissions excepted methodology under 40 CFR 75.19, the maximum potential hourly heat input of the unit.
(II) For a unit intending to monitor for CO2 mass emissions using a CO2 pollutant concentration monitor and a flow monitor, the maximum potential concentration of CO2 and the maximum potential flow rate of the unit under 40 CFR Part 75, Appendix A, Section 2.1 (relating to specifications and test procedures).
(B) The CO2 authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subsections (d)(3)(i) and (ii).
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Department's notice of disapproval, no later than 30-unit operating days after the date of issuance of the notice of disapproval.
(e) Initial certification and recertification procedures for low mass emissions units using the excepted methodologies under § 145.371(3)(ii). The owner or operator of a unit qualified to use the low mass emissions excepted methodology under § 145.371(3)(ii) shall meet the applicable certification and recertification requirements of 40 CFR 75.19(a)(2), 40 CFR 75.20(h) and this section. If the owner or operator of the unit elects to certify a fuel flow meter system for heat input determinations, the owner or operator shall also meet the certification and recertification requirements in 40 CFR 75.20(g).
(f) Certification and recertification procedures for an alternative monitoring system. The CO2 authorized account representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator and, if applicable, by the Department under 40 CFR Part 75, Subpart E shall comply with the applicable notification and application procedures of 40 CFR 75.20(f).
§ 145.373. Out-of-control periods.
(a) Quality assurance requirements. Whenever a monitoring system fails to meet the quality assurance and quality control requirements or data validation requirements of 40 CFR Part 75 (relating to continuous emission monitoring), data shall be substituted using the applicable procedures in 40 CFR Part 75, Subpart D (relating to missing data substitution procedures) or Appendix D (relating to optional SO2 emissions data protocol for gas-fired and oil-fired 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 monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 145.372 (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 monitoring system. For the purposes of this paragraph, 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 monitoring system. The data measured and recorded by the monitoring system 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 for the monitoring system. The owner or operator shall follow the initial certification or recertification procedures in § 145.372 for each disapproved monitoring system.
§ 145.374. Notifications.
The CO2 authorized account representative for a CO2 budget unit shall submit written notice to the Department and the Administrator in accordance with 40 CFR 75.61 (relating to notifications).
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