[29 Pa.B. 1319]
[Continued from previous Web Page] (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.
(B) Incomplete application notice. A certification application will be considered complete when all of the applicable information required to be submitted under subparagraph (ii) has been received by the Department. If the certification application is not complete, the Department will issue a written notice of incompleteness that sets a date by which the NOx authorized account representative must submit the additional information required to complete the certification application. If the NOx 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 clause (C).
(C) Disapproval notice. If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of this section and §§ 145.70 and 145.72--145.76, or if the certification application is incomplete and the requirement for disapproval under clause (B) has been met, 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 subparagraph (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 § 145.72(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 subparagraph (iv)(C) or a notice of disapproval of certification status under subparagraph (iv)(D), the following apply:
(A) The owner or operator shall substitute the following values, 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):
(I) For units using or intending to monitor for NOx emission rate and heat input or for units using the low mass emission excepted methodology under 40 CFR 75.19, the maximum potential NOx emission rate and the maximum potential hourly heat input of the unit.
(II) For units intending to monitor for NOx mass emissions using a NOx pollutant concentration monitor and a flow monitor, the maximum potential concentration of NOx and the maximum potential flow rate of the unit under 40 CFR Part 75 Appendix A Section 2.1 (relating to instrument span).
(B) The NOx authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subparagraphs (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, within 30 unit operating days after the date of issuance of the notice of disapproval.
(c) This subsection applies to initial certification and recertification procedures for low mass emission units using the excepted methodologies under 40 CFR 75.19. The owner or operator of a gas-fired or oil-fired unit using the low mass emissions excepted methodology under 40 CFR 75.19 shall meet the applicable general operating requirements of 40 CFR 75.10 (relating to general operating requirements), the applicable requirements of 40 CFR 75.19, and the applicable certification requirements of § 145.71, except that the excepted methodology shall be deemed provisionally certified for use under the NOx Budget Trading Program, as of one of the following dates:
(i) For a unit that commences operation before its compliance deadline under subsection (b), from January 1 of the year following submission of the certification application for approval to use the low mass emissions excepted methodology under 40 CFR 75.19 until the completion of the period for the Department review.
(ii) For a unit that commences operation after its compliance deadline under subsection (b), the date of submission of the certification application for approval to use the low mass emissions excepted methodology under 40 CFR 75.19 until the completion of the period for Department review.
(d) This subsection applies to certification/recertification procedures for alternative monitoring systems. The NOx authorized account representative representing the owner or operator of each unit applying to monitor using an alternative monitoring system approved by the Budget Administrator under 40 CFR Part 75 Subpart E (relating to alternative monitoring systems) shall apply for certification to the Department prior to use of the system under the NOx Trading Program. The NOx authorized account representative shall apply for recertification following a replacement, modification or change according to the procedures in subsection (b). The owner or operator of an alternative monitoring system shall comply with the notification and application requirements for certification according to the procedures specified in subsection (b)(3) and 40 CFR 75.20(f).
§ 145.72. Out of control periods.
(a) Quality assurance requirements. Whenever a monitoring system fails to meet the quality assurance requirements of 40 CFR Part 75 Appendix B (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 requirements of 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 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 § 145.55 (relating to banking), the calendar quarter that includes the date of initial provisional certification under § 145.71(b)(3)(iii). Data shall be reported from the date and hour corresponding to the date and hour of provisional certification.
(ii) For units commencing operation prior to May 1, 2002, that are not required to certify monitors by May 1, 2000, under § 145.70(2)(i) (relating to general monitoring requirements), the earlier of the calendar quarter that includes the date of initial provisional certification under § 145.71(b)(3)(iii) 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) 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 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).
(3) 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 monitoring plan and the substitute values do not systematically underestimate NOx emissions.
(iii) For a unit that is reporting on a control period basis under this subsection, 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 that is subject to an acid rain emissions limitation 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.
(1) 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 § 145.76 only to the extent that the petition is approved by the Administrator.
(2) Notwithstanding paragraph (1), if the petition requests approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 (relating to determination of NOx mass emissions), the petition is governed by subsection (b).
(b) The NOx authorized account representative of an NOx budget unit that is not subject to an acid rain emissions limitation may submit a petition under 40 CFR 75.66 (relating to petitions to the Administrator) to the Department and the Administrator requesting approval to apply an alternative to any requirement of this section and §§ 145.70--145.74 and 145.76.
(1) The NOx authorized account representative of an NOx budget unit that is subject to an acid rain emissions limitation may submit a petition under 40 CFR 75.66 to the Department and the Administrator requesting approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 or a NOx concentration CEMS used under 40 CFR 75.71(a)(2) (relating to specific provisions for monitoring NOx emission rate and heat input for the purpose of calculating NOx mass emissions).
(2) Application of an alternative to any requirement of this section and §§ 145.70--145.74 and 145.76 is in accordance with those sections only to the extent the petition under subsection (b) is approved by the Department and the Administrator.
§ 145.76. Additional requirements to provide heat input data.
(a) The owner or operator of a unit that elects to monitor and report 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 set forth in 40 CFR Part 75 (relating to continuous emission monitoring).
(b) 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 set forth in 40 CFR Part 75 for any source that is applying for early reduction credits under § 145.55 (relating to banking).
OPT-IN PROCESS § 145.80. Applicability for opt-in sources.
A unit that is not a NOx budget unit under § 145.4 (relating to applicability), 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 an NOx budget unit, is covered by a retired unit exemption under § 145.5 (relating to retired unit exemption) that is in effect, or is not operating is not eligible to become an NOx budget opt-in source.
§ 145.81. Opt-in source general provisions.
Except as otherwise provided, a NOx budget opt-in source shall be treated as a NOx budget unit for purposes of applying §§ 145.1--145.76.
§ 145.82. NOx authorized account representative for opt-in sources.
A unit for which an application for an NOx budget opt-in permit is submitted and not denied or withdrawn, or an NOx budget opt-in source, 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 an NOx budget opt-in permit.
To apply for an initial NOx budget opt-in permit, 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 permit application under § 145.22 (relating to information requirements for NOx budget permit applications)
(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 permit for a unit for which an initial application for a NOx budget opt-in permit under § 145.83 (relating to applying for an NOx budget opt-in permit) is submitted, in accordance with § 145.20 (relating to general NOx budget trading program permit requirements) and 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 an NOx budget opt-in permit 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 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 any applicable State or Federal NOx emissions or emissions-related requirements. Solely for purposes of applying this requirement, the unit shall be treated as an NOx budget unit prior to issuance of a NOx budget opt-in permit 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 lb) for the control period divided by the unit's baseline heat rate.
(4) Draft permit. After calculating the baseline heat input and the baseline NOx emissions rate for the unit under paragraph (3), the Department will issue a draft NOx budget opt-in permit to the NOx authorized account representative of the unit.
(5) Confirmation of intention to opt-in. Within 20 days after the issuance of the draft NOx budget opt-in permit, the NOx authorized account representative of the unit shall submit to the Department a confirmation of the intention to opt in the unit or a withdrawal of the application for a NOx budget opt-in permit under § 145.83. The Department will treat the failure to make a timely submission as a withdrawal of the NOx budget opt-in permit application.
(6) Issuance of draft NOx budget opt-in permit. If the NOx authorized account representative confirms the intention to opt in the unit under paragraph (5), the Department will issue the draft NOx budget opt-in permit in accordance with § 145.20.
(7) Nonqualification of unit. Notwithstanding paragraphs (1)--(6), if at any time before issuance of a draft NOx budget opt-in permit for the unit, the Department determines that the unit does not qualify as an NOx budget opt-in source under § 145.80 (relating to applicability for opt-in sources), the Department will issue a draft denial of an NOx budget opt-in permit for the unit in accordance with § 145.20.
(8) Withdrawal of application for an NOx budget opt-in permit. A NOx authorized account representative of a unit may withdraw its application for a NOx budget opt-in permit under § 145.83 at any time prior to the issuance of the final NOx budget opt-in permit. Once the application for a NOx budget opt-in permit is withdrawn, a NOx authorized account representative wanting to reapply shall submit a new application for a NOx Budget permit under § 145.83.
(9) Effective date. The effective date of the initial NOx budget opt-in permit is May 1 of the first control period starting after the issuance of the initial NOx budget opt-in permit 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 permit.
§ 145.85. NOx budget opt-in permit contents.
(a) Each NOx budget opt-in permit will contain all elements required for a complete NOx budget opt-in permit application under § 145.22 (relating to information requirements for NOx budget permit applications).
(b) Each NOx budget opt-in permit 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 source 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 permit 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 must submit or must 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 source has excess emissions for the control period immediately before the withdrawal is to be effective, the NOx Budget Administrator will deduct or has deducted from the NOx budget opt-in source's compliance account, or the overdraft account of the NOx budget source where the NOx budget opt-in source 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 source's compliance account, or the overdraft account of the NOx budget source where the NOx budget opt-in source 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 Administrator will close the NOx budget opt-in source's compliance account and will establish, and transfer any remaining allowances to, a new general account for the owners and operators of the NOx budget opt-in source. The NOx authorized account representative for the NOx budget opt-in source shall become the NOx authorized account representative for the general account.
(c) Withdrawal from program. A NOx budget opt-in source 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 source was a NOx budget opt-in source, 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 source of the acceptance of the withdrawal of the NOx budget opt-in source 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 source that the NOx budget opt-in source's request to withdraw is denied. If the NOx budget opt-in source's request to withdraw is denied, the NOx budget opt-in source shall remain subject to the requirements for a NOx budget opt-in source.
(e) Permit 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 permit covering the NOx budget opt-in source to terminate the NOx budget opt-in permit as of the effective date specified under subsection (d)(1). A NOx budget opt-in source shall continue to be a NOx budget opt-in source 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 source withdraws from the NOx Budget Trading Program and its NOx budget opt-in permit is terminated under this section, the NOx authorized account representative may not submit another application for a NOx budget opt-in permit under § 145.83 (relating to applying for a NOx budget opt-in permit) for the unit prior to the date that is 4 years after the date on which the terminated NOx budget opt-in permit became effective.
§ 145.87. Opt-in source change in regulatory status.
(a) Notification. When a NOx budget opt-in source becomes a NOx budget unit under § 145.4 (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 source'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 permit. When the NOx budget opt-in source becomes a NOx budget unit under § 145.4, the Department will revise the NOx budget opt-in source's NOx budget opt-in permit to meet the requirements of an NOx budget permit under § 145.23 (relating to NOx budget permit contents) as of an effective date that is the date on which the NOx budget opt-in source becomes an NOx budget unit under § 145.4.
(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 source) 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 permit was effective.
(II) If the effective date of the NOx budget permit revision under subparagraph (i) is during a control period, the NOx allowances allocated to the NOx budget unit (as a NOx budget opt-in source) under § 145.88 for the control period multiplied by the ratio of the number of days, in the control period, starting with the effective date of the permit revision under subparagraph (i), divided by the total number of days in the control period.
(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 permit 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 permit revision under subparagraph (i) and will be allocated NOx allowances under § 145.42.
(B) Notwithstanding clause (A), if the effective date of the NOx budget permit 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 permit revision under subparagraph (i), divided by the total number of days in the control period.
(2) Units with expired permits.
(i) When the NOx authorized account representative of a NOx budget opt-in source does not renew its NOx budget opt-in permit under § 145.83 (relating to applying for a NOx opt-in permit), 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 source 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 source under § 145.88 for any control period after the last control period for which the NOx budget opt-in permit is effective. The NOx authorized account representative shall ensure that the NOx budget opt-in source's compliance account or the overdraft account of the NOx budget source where the NOx budget opt-in source 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 source'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 new general account for the owners and operators of the NOx budget opt-in source. The NOx authorized account representative for the NOx budget opt-in source shall become the NOx authorized account representative for the general account.
§ 145.88. NOx allowance allocations to opt-in units.
(a) NOx allowance allocation.
(1) By December 31 immediately before the first control period for which the NOx budget opt-in permit is effective, the Department will allocate NOx allowances to the NOx budget opt-in source and submit to the NOx Allowance Tracking System the allocation for the control period in accordance with subsection (b).
(2) By no later than December 31, after the first control period for which the NOx budget opt-in permit is in effect, and December 31 of each year thereafter, the Department will allocate NOx allowances to the NOx budget opt-in source, and submit to the NOx Allowance Tracking System allocations for the next control period, in accordance with subsection (b).
(b) Allocation procedures. For each control period for which the NOx budget opt-in source has an approved NOx budget opt-in permit, the NOx budget opt-in source 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 source's baseline heat input determined under § 145.84(c) (relating to opt-in process).
(ii) The NOx budget opt-in source'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 source 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 source's baseline NOx emissions rate (in lb/mmBtu) determined under § 145.84(c).
(ii) The most stringent State or Federal NOx emissions limitation applicable to the NOx budget opt-in source during the control period.
EMISSION REDUCTION CREDIT PROVISIONS § 145.90. Emission reduction credit provisions.
(a) NOx budget units may create, transfer and use emission reduction credits 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) Emission reductions made through overcontrol, curtailment or shutdown for which allowances are banked are not surplus and may not be used to create ERCs.
(c) 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.
(d) 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).
Subchapter B. EMISSIONS OF NOx FROM STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES Sec.
145.101. Applicability. 145.102. Definitions. 145.103. Standard requirements. 145.104. Compliance determination. 145.105. Reporting, monitoring and recordkeeping. § 145.101. Applicability.
(a) An owner or operator of a lean or rich burn stationary internal combustion engine rated at equal to or greater than 2,400 brake horsepower shall comply with the applicable requirements of this subchapter.
(b) An owner or operator of a diesel stationary internal combustion engine rated at equal to or greater than 3,000 brake horsepower shall comply with the applicable requirements of this subchapter.
(c) An owner or operator of a dual fuel stationary internal combustion engine rated at equal to or greater than 4,400 brake horsepower shall comply with the applicable requirements of this subchapter.
(d) Emergency standby electric generation units having the sole purpose of providing emergency electric service to the facility where it is located and which is permitted only to be utilized in the event of a catastrophic failure of the primary electrical power source for the facility and which has a permit limitation of a maximum cumulative operation of 208 hours per control period are exempt from the requirements of this subchapter.
§ 145.102. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
CEMS--Continuous emissions monitoring system.
Diesel engine--A compression ignited two- or four-stroke engine in which liquid fuel injected into the combustion chamber ignites when the air charge has been compressed to a temperature sufficiently high for auto-ignition.
Dual fuel engine--A compression ignited stationary internal combustion engine that is burning liquid fuel and gaseous fuel simultaneously.
Emergency standby engine--An internal combustion engine used only when normal power line or natural gas service fails, or for the emergency pumping of water for either fire protection or flood relief. An emergency standby engine may not be operated to supplement a primary power source when the load capacity or rating of the primary power source has been either reached or exceeded.
Engine rating--The output of an engine as determined by the engine manufacturer and listed on the nameplate of the unit, regardless of any derating.
HHV--Higher heating value--The total heat liberated per mass of fuel burned (Btu per pound), when fuel and dry air at standard conditions undergo complete combustion and all resultant products are brought to their standard States at standard conditions. If certification of the HHV is not provided by the third party fuel supplier, it shall be determined by one of the following test methods: ASTM D2015-85 for solid fuels; ASTM D240-87 or ASTM D2382-88 for liquid hydrocarbon fuels; or ASTM D1826-88 or ASTM D1945-81 in conjunction with ASTM D3588-89 for gaseous fuels. These methods are all incorporated by reference as specified in 40 CFR 52.3002.
Lean-burn engine--Any two- or four-stroke spark-ignited engine that is not a rich-burn engine.
Maintenance operation--The use of an emergency standby engine and fuel system during testing, repair and routine maintenance to verify its readiness for emergency standby use.
Output--The shaft work output from an engine plus the energy reclaimed by any useful heat recovery system.
Peak load--The maximum instantaneous operating load.
Permitted capacity factor--The annual permitted fuel use divided by the manufacturers specified maximum fuel consumption times 8,760 hours per year.
Rich-burn engine--A two- or four-stroke spark-ignited engine where the manufacturers original recommended operating air/fuel ratio divided by the stoichiometric air/fuel ratio is less than or equal to 1.1.
Stationary internal combustion engine--An internal combustion engine of the reciprocating type that is either attached to a foundation at a facility or is designed to be capable of being carried or moved from one location to another and remains at a single site at a building, structure, facility, or installation for more than 12 consecutive months. An engine that replaces an engine at a site that is intended to perform the same or similar function as the engine replaced is included in calculating the consecutive time period. Nonroad engines and engines used solely for competition are not stationary internal combustion engines.
Stoichiometric air/fuel ratio--The air/fuel ratio where all fuel and all oxygen in the air/fuel mixture will be consumed.
Unit--Any diesel, lean-burn, or rich-burn stationary internal combustion engine as defined in this paragraph.
§ 145.103. Standard requirements.
After May 1, 2003, an owner or operator of a unit subject to the standards of this subchapter may not operate the unit May 1--September 30 of 2003, and any subsequent year unless the owner or operator complies with the requirements of subparagraph (1) during May 1--September 30 of each year.
(1) An owner or operator of a stationary internal combustion engine may not cause to be discharged into the atmosphere any gases that contain NOx in excess of the following applicable limit, expressed as NOx corrected to 15% parts per million by volume (ppmv) stack gas O2 on a dry basis, averaged over a rolling 30-day period:
(i) Rich-burn, >=2400 bhp: 110 ppmv
(ii) Lean-burn, >=2400 bhp: 125 ppmv
(iii) Diesel, >=3000 bhp: 175 ppmv
(iv) Dual fuel, >=4400 bhp: 125 ppmv
(2) Each emission limit expressed in paragraphs (1)(i)--(iv) may be multiplied by X, where X equals the engine efficiency (E) divided by a reference efficiency of 30%. Engine efficiency (E) shall be determined using one of the methods specified in subparagraph (i) or (ii), whichever provides a higher value. However, engine efficiency (E) may not be less than 30%. An engine with an efficiency lower than 30% shall be assigned an efficiency of 30%.
(i) E = (Engine output x 100)/(Energy input)
where energy input is determined by a fuel measuring device accurate to +5% and is based on the higher heating value (HHV) of the fuel. Percent efficiency (E) shall be averaged over 15 consecutive minutes and measured at peak load for the applicable engine.
(ii) E = (Manufacturers Rated Efficiency [Continuous] at LHV x LHV)/(HHV)
Where:
LHV = the lower heating value of the fuel; and
HHV = the higher heating value of the fuel
§ 145.104. Compliance determination.
An owner or operator of a unit subject to the requirements of § 145.103 (relating to standard requirement) shall determine compliance using a CEMS which meets the applicable requirements of 40 CFR Part 60 Appendices B and F (relating to performance specifications; and quality assurance procedures) and Chapter 139 (relating to sampling and testing) unless an alternate monitoring technique is approved by the Department under § 145.105(b)(ii) (relating to reporting, monitoring and recordkeeping).
§ 145.105. Reporting, monitoring and recordkeeping.
(a) Reporting requirements. An owner or operator subject to the requirements of § 145.103 shall comply with the following requirements:
(1) By May 1, 2003, submit to the Department the identification number and type of each unit subject to the section, the name and address of the plant where the unit is located, and the name and telephone number of the person responsible for demonstrating compliance with the section.
(2) Submit a report documenting for that unit the total NOx emissions from May 1--September 30 of each year to the Department by October 31 of each year, beginning in 2003.
(3) Each owner or operator of a unit subject to this rule and operating a CEMS shall submit an excess emissions and monitoring systems performance report, in accordance with 40 CFR 60.7(c) and 60.13 (relating to notification and recordkeeping; and monitoring requirements) and Chapter 139 (relating to sampling and testing).
(b) Monitoring requirements.
(1) An owner or operator subject to the requirements of § 145.103 (relating to standard requirements) may not operate the equipment unless it is equipped with one of the following:
(i) A CEMS which meets the applicable requirements of 40 CFR Part 60, Subpart A and Appendix B (relating to performance specifications), and complies with the quality assurance procedures specified in 40 CFR Part 60, Appendix F (relating to quality assurance procedures) and Chapter 139. The CEMS shall be used to demonstrate compliance with the applicable emission limit.
(ii) An alternate calculational and recordkeeping procedure based upon actual emissions testing and correlations with operating parameters. The installation, implementation and use of the alternate calculational and recordkeeping procedure shall be approved by the Department in writing prior to implementation.
(2) The CEMS or approved alternate recordkeeping procedure shall be operated and maintained in accordance with an onsite CEMS operating plan approved by the Department.
(c) Recordkeeping requirements. An owner or operator of a unit subject to this subchapter shall maintain records necessary to demonstrate compliance with this section for 5 calendar years at the plant at which the subject unit is located. The records shall be made available to the Department upon request. The owner or operator shall maintain records of the following information for each day the unit is operated:
(1) An identification and location of each engine subject to the requirements of this section.
(2) The calendar date of record.
(3) The number of hours the unit is operated during each day including startups, shutdowns, malfunctions, and the type and duration of maintenance and repairs.
(4) The date and results of each emissions inspection.
(5) A summary of any emissions corrective maintenance taken.
(6) The results of all compliance tests.
(7) The following, if a unit is equipped with a CEMS:
(i) Identification of time periods during which NOx standards are exceeded, the reason for the exceedance, and action taken to correct the exceedance and to prevent similar future exceedances.
(ii) Identification of the time periods for which operating conditions and pollutant data were not obtained including reasons for not obtaining sufficient data and a description of corrective actions taken.
Subchapter C. EMISSIONS OF NOx FROM CEMENT MANUFACTURING Sec.
145.141. Applicability. 145.142. Definitions. 145.143. Standard requirements. 145.144. Reporting, monitoring and recordkeeping. § 145.141. Applicability.
The requirements of this subchapter apply only to kilns with process rates of at least the following: long dry kilns--12 tons per hour (TPH); long wet kilns - 10 TPH; preheater kilns--16 TPH; precalciner and preheater/precalciner kilns--22 TPH.
§ 145.142. Definitions.
The following words and terms, when used in this subchapter have the following meanings, unless the context clearly indicates otherwise:
Clinker--The product of a Portland cement kiln from which finished cement is manufactured by milling and grinding.
Long dry kiln--A kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is dry.
Long wet kiln--A kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is a slurry.
Portland cement--A hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one or more of the forms of calcium sulfate as an interground addition.
Portland cement kiln--A system, including any solid, gaseous or liquid fuel combustion equipment, used to calcine and fuse raw materials, including limestone and clay, to produce Portland cement clinker.
Precalciner kiln--A kiln where the feed to the kiln system is preheated in cyclone chambers and utilize a second burner to calcine material in a separate vessel attached to the preheater prior to the final fusion in a kiln which forms clinker.
Preheater kiln--A kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion in a kiln which forms clinker.
§ 145.143. Standard requirements.
After May 1, 2003, an owner or operator of any Portland cement kiln subject to this subchapter may not during May 1--September 30 emit NOx in excess of the following when averaged over 30 days:
(1) Long wet kiln--6.0 lbs/ton of clinker produced
(2) Long dry kiln--5.1 lbs/ton of clinker produced
(3) Preheater kiln--3.8 lbs/ton of clinker produced
(4) Preheater/precalciner or precalciner kiln--2.8 lbs/ton of clinker produced.
§ 145.144. Reporting, monitoring and recordkeeping.
(a) Reporting requirements. An owner or operator subject to the requirements of § 145.143 (relating to standard requirements) shall comply with the following requirements:
(1) By May 1, 2003, submit to the Department the identification number and type of each unit subject to this section, the name and address of the plant where the unit is located and the name and telephone number of the person responsible for demonstrating compliance with the section.
(2) Submit a report documenting for that unit the total NOx emissions from May 1--September 30 of each year to the Department by October 31 of each year, beginning in 2003.
(b) Monitoring requirements. A unit subject to this rule that is required under Chapter 139 (relating to sampling and testing) or permit condition to record NOx emissions data using a continuous emission monitor shall use that data to demonstrate compliance with this subchapter. A unit that does not have a continuous emissions monitor shall use an alternate calculational and recordkeeping procedure based upon actual emissions testing and correlations with operating parameters. The installation, implementation and use of this alternate calculational and recordkeeping procedure will be approved by the Department in writing prior to implementation.
(c) Recordkeeping requirements.
(1) An owner or operator of a unit subject to this subchapter shall produce and maintain records which include, but are not limited to:
(i) The emissions, in pounds of NOx per ton of clinker produced from each affected Portland cement kiln.
(ii) The date, time and duration of any startup, shutdown or malfunction in the operation of any of the cement kilns or the emissions monitoring equipment.
(iii) The results of any performance testing.
(iv) Daily cement kiln production records.
(2) The records required to be produced or maintained shall be retained on site for a minimum of 5 years and be made available to the Department upon request.
[Pa.B. Doc. No. 99-394. Filed for public inspection March 5, 1999, 9:00 a.m.]
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