[30 Pa.B. 4899]
[Continued from previous Web Page] DAHS--automated data acquisition and handling system--The component of the CEMS, or other emissions monitoring system approved for use under this subchapter and Chapter 139, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subchapter.
Electricity for sale under firm contract to the electric grid--Electricity for sale where the capacity involved is intended to be available at all times during the period covered by a guaranteed commitment to deliver, even under adverse conditions.
Emissions--Air contaminants exhausted from a unit or source into the atmosphere as determined in accordance with this subchapter.
Energy Information Administration--The Energy Information Administration of the United States Department of Energy.
Excess emissions--Any tonnage of NOx emitted by a NOx budget unit during a control period that exceeds the NOx budget emissions limitation for the unit.
Fossil fuel--Natural gas, petroleum, coal, or any form of solid, liquid or gaseous fuel derived from this material.
Fossil fuel-fired--With regard to a unit, one of the following:
(i) For units that commenced operation before January 1, 1996, the combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1995, or, if a unit had no heat input in 1995, during the last year of operation of the unit prior to 1995.
(ii) For units that commenced operation on or after January 1, 1996, and before January 1, 1997, the combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1996.
(iii) For units that commence operation on or after January 1, 1997, one of the following:
(A) The combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during any year.
(B) The combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50% of the annual heat input on a Btu basis during any year, provided that the unit shall be ''fossil fuel-fired'' as of the date, during that year, on which the unit begins combusting fossil fuel.
General account--A NOx Allowance Tracking System account, established under this subchapter, that is not a compliance account or an overdraft account.
Generator--A device that produces electricity.
Heat input--The product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) divided by 1 million Btu and multiplied by the fuel feed rate into a combustion device (in mass of fuel/time) as determined in accordance with this subchapter, and does not include the heat derived from preheated combustion air, recirculated flue gases or exhaust from other sources.
Heat input rate--The amount of heat input (in mmBtu) divided by unit operating time or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Life-of-the-unit, firm power contractual arrangement--A unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit and pays its proportional amount of the unit's total costs, pursuant to a contract for one of the following:
(i) The life of the unit.
(ii) A cumulative term of at least 30 years, including contracts that permit an election for early termination.
(iii) A period equal to or greater than 25 years or 70% of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input--The ability of a unit to combust a stated maximum amount of fuel per hour (in mmBtu/hr) on a steady state basis, as determined by the physical design and physical characteristics of the unit.
Maximum potential hourly heat input--An hourly heat input (in mmBtu/hr) used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use 40 CFR Part 75, Appendix D (relating to optional SO2 emissions data protocol for gas) to report heat input, this value shall be calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value shall be reported, in accordance with 40 CFR Part 75, using the maximum potential flow rate and either the maximum carbon dioxide concentration (in % CO2) or the minimum oxygen concentration (in % O2).
Maximum potential NOx emission rate--The emission rate of NOx (in lb/mmBtu) calculated in accordance with 40 CFR Part 75, Appendix F, Section 3 (relating to procedure for NOx emission rate), using the maximum potential NOx concentration as defined in 40 CFR Part 75 Appendix A, Section 2 (relating to equipment specifications), and either the maximum O2 concentration (in % O2) or the minimum carbon dioxide concentration (in % CO2).
Maximum rated hourly heat input--A unit-specific maximum hourly heat input (mmBtu) which is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input.
Monitoring system--A monitoring system that meets the requirements of this subchapter, including a CEMS, an excepted monitoring system or an alternative monitoring system.
Most stringent State or Federal NOx emissions limitation--With regard to a NOx budget opt-in source, the lowest NOx emissions limitation (in terms of lb/mmBtu) that is applicable to the unit under State or Federal law, regardless of the averaging period to which the emissions limitation applies.
Nameplate capacity--The maximum electrical generating output (in MWe) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards.
NOx allowance--An authorization by the Department under the NOx Budget Trading Program to emit up to 1 ton of NOx during the control period of the specified year or of any year thereafter, except as provided under § 145.54(f) (relating to compliance). No provision of the NOx Budget Trading Program, any permit, or an exemption under § 145.4(b) or § 145.5 and no provision of law will be construed to limit the authority of the Department or the Administrator to terminate or limit the authorization, which does not constitute a property right. For purposes of all sections of this subchapter except §§ 145.41--145.43 and 145.88, NOx allowance also includes an authorization to emit up to 1 ton of NOx during the control period of the specified year or of any year thereafter by the Department or the Administrator.
NOx allowance deduction or deduct NOx allowances--The permanent withdrawal of NOx allowances from a NOx Allowance Tracking System compliance account or overdraft account to account for the number of tons of NOx emissions from a NOx budget unit for a control period, determined in accordance with this subchapter, or for any other allowance surrender obligation under this subchapter.
NOx allowances held or hold NOx allowances--The NOx allowances recorded or submitted for recordation, in accordance with this subchapter, in a NOx Allowance Tracking System account.
NOx Allowance Tracking System--The system for recording allocations, deductions and transfers of NOx allowances under the NOx Budget Trading Program.
NOx Allowance Tracking System account--An account in the NOx Allowance Tracking System for purposes of recording the allocation, holding, transferring or deducting of NOx allowances.
NOx allowance transfer deadline--Midnight of November 30 or, if November 30 is not a business day, midnight of the first business day thereafter and is the deadline by which NOx allowances may be submitted for recordation in a NOx budget unit's compliance account, or the overdraft account of the source where the unit is located, to meet the unit's NOx budget emissions limitation for the control period immediately preceding the deadline.
NOx authorized account representative--For a NOx budget source or NOx budget unit at the source, the natural person who is authorized by the owners and operators of the source and all NOx budget units at the source, in accordance with this subchapter, to represent and legally bind each owner and operator in matters pertaining to the NOx Budget Trading Program or, for a general account, the natural person who is authorized, in accordance with this subchapter, to transfer or otherwise dispose of NOx allowances held in the general account.
NOx Budget Administrator--The person or agency designated by the Department to administer the NOx Budget Trading Program. This person may be the Administrator of the EPA.
NOx budget emissions limitation--For a NOx budget unit, the tonnage equivalent of the NOx allowances available for compliance deduction for the unit and for a control period under § 145.54(a), (b), (e) and (f) adjusted by any deductions of the NOx allowances to account for actual heat input under § 145.42(e) (relating to NOx allowance allocations) for the control period or to account for excess emissions for a prior control period under § 145.54(d) or to account for withdrawal from the NOx Budget Trading Program, or for a change in regulatory status, for a NOx budget opt-in source under § 145.86 or § 145.87 (relating to opt-in source withdrawal from NOx Budget Trading Program; and opt-in source change in regulatory status).
NOx budget opt-in source--A unit that has been elected to become a NOx budget unit under the NOx Budget Trading Program and whose NOx budget opt-in approval has been issued and is in effect under this subchapter.
NOx budget source--A source that includes one or more NOx budget units.
NOx Budget Trading Program--A multistate NOx air pollution control and emission reduction program established in accordance with this subchapter, as a means of mitigating the interstate transport of ozone and NOx, an ozone precursor.
NOx budget unit--A unit that is subject to the NOx Budget Trading Program emissions limitation under § 145.4 or § 145.80 (relating to application for opt-in sources).
Operating--With regard to a unit under § 145.80 (relating to application for opt-in sources), having documented heat input for more than 876 hours in the 6 months immediately preceding the submission of an application for an initial NOx budget opt-in approval under § 145.83 (relating to applying for NOx budget opt-in approval). The unit's documented heat input will be determined in accordance with 40 CFR Part 75 (relating to continuous emission monitoring) if the unit was otherwise subject to 40 CFR Part 75 during that 6-month period or will be based on the best available data reported to the Administrator for the unit if the unit was not otherwise subject to the requirements of 40 CFR Part 75 during that 6-month period.
Operator--A person who operates, controls or supervises a NOx budget unit, a NOx budget source or unit for which an application for a NOx budget opt-in approval under § 145.83 is submitted and not denied or withdrawn and shall include, but not be limited to, a holding company, utility system or plant manager of a unit or source.
Opt-in--To elect to become a NOx budget unit under the NOx Budget Trading Program through a final, effective NOx budget opt-in approval under this subchapter.
Overdraft account--The NOx Allowance Tracking System account established under this subchapter for each NOx budget source where there are two or more NOx budget units.
Owner--Any of the following persons:
(i) A holder of any portion of the legal or equitable title in a NOx budget unit or in a unit for which an application for a NOx budget opt-in approval under § 145.83 is submitted and not denied or withdrawn.
(ii) A holder of a leasehold interest in a NOx budget unit or in a unit for which an application for a NOx budget opt-in approval under § 145.83 is submitted and not denied or withdrawn.
(iii) A purchaser of power from a NOx budget unit or from a unit for which an application for a NOx budget opt-in approval under § 145.83 is submitted and not denied or withdrawn under a life-of-the-unit, firm power contractual arrangement. However, unless expressly provided for in a leasehold agreement, an owner may not include a passive lessor, or a person who has an equitable interest through the lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the NOx budget unit or the unit for which an application for a NOx budget opt-in approval under § 145.83 is submitted and not denied or withdrawn.
(iv) With respect to any general account, a person who has an ownership interest with respect to the NOx allowances held in the general account and who is subject to the binding agreement for the NOx authorized account representative to represent that person's ownership interest with respect to NOx allowances.
Percent monitor data availability--For the purposes of §§ 145.43(a)(1) and 145.84(2) (relating to compliance supplement pool; and opt-in procedures), the total unit operating hours for which quality-assured data were recorded under this subchapter in a control period, divided by the total unit operating hours during the control period, and multiplied by 100%.
Potential electrical output capacity--Thirty-three percent of a unit's maximum design heat input.
Receive or receipt of--When referring to the Department, the Administrator or the NOx Budget Administrator to come into possession of a document, information or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information or correspondence, by the Department or Administrator in the regular course of business.
Recordation, record or recorded--With regard to NOx allowances, the movement of NOx allowances from one NOx Allowance Tracking System account to another, for purposes of allocation, transfer or deduction.
Reference method--A direct test method of sampling and analyzing for an air pollutant as specified in 40 CFR Part 60, Appendix A (relating to specifications and test).
Serial number--When referring to NOx allowances, the unique identification number assigned to each NOx allowance, under § 145.53(c).
Source--A governmental, institutional, commercial or industrial structure, installation, plant, building or facility that emits or has the potential to emit a regulated air pollutant under the Clean Air Act. For purposes of section 502(c) of the Clean Air Act (42 U.S.C.A. § 7661a(c)), a source, including a source with multiple units, shall be considered a single facility.
State--One of the 48 contiguous states and the District of Columbia that adopts a NOx Budget Trading Program. The term shall have its conventional meaning where the meaning is clear from the context.
State trading program budget--The total number of NOx tons apportioned to all NOx budget units in a given state, in accordance with the NOx Budget Trading Program, for use in a given control period.
Submit or serve--To send or transmit a document, information or correspondence to the person specified in accordance with the applicable regulation by one of the following methods:
(i) In person.
(ii) By United States Postal Service.
(iii) By other means of dispatch or transmission and delivery. Except where otherwise expressly provided, compliance with any submission, service or mailing deadline shall be determined by the date of dispatch, transmission or mailing and not the date of receipt.
Ton or tonnage--A ''short ton'' (that is, 2,000 pounds). For the purpose of determining compliance with the NOx budget emissions limitation, total tons for a control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with this subchapter, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal 1 ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons.
Unit--A fossil fuel-fired stationary boiler, combustion turbine or combined cycle system.
Unit operating day--A calendar day in which a unit combusts any fuel.
Unit operating hour or hour of unit operation--Any hour (or fraction of an hour) during which a unit combusts any fuel.
§ 145.3. Measurements, abbreviations and acronyms.
Measurements, abbreviations and acronyms used in this subchapter are defined as follows:
Btu--British thermal unit.
hr--Hour.
Kw--Kilowatt electrical.
Kwh--Kilowatt hour.
lb--Pounds.
mmBtu--Million Btu.
MWe--Megawatt electrical.
Ton--2,000 pounds.
CO2--Carbon dioxide.
NOx--Nitrogen oxides.
O2--Oxygen.
§ 145.4. Applicability.
(a) The following units shall be NOx budget units, and any source that includes one or more of the units shall be a NOx budget source, subject to the requirements of this subchapter:
(1) Electric generating units.
(i) For units that commenced operation before January 1, 1997, a unit serving a generator during 1995 or 1996 that had a nameplate capacity greater than 25 MWe and produced electricity for sale under firm contract to the electric grid.
(ii) For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit serving a generator during 1997 or 1998 that had a nameplate capacity greater than 25 MWe and produced electricity for sale under firm contract to the electric grid.
(iii) For units that commenced operation on or after January 1, 1999, a unit serving a generator at any time that has a nameplate capacity greater than 25 MWe and produces electricity for sale.
(2) Nonelectric generating units.
(i) For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1995 or 1996 a generator producing electricity for sale under firm contract to the electric grid.
(ii) For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit that has a maximum design heat input greater than 250 MMBtu/hr and that did not serve during 1997 or 1998 a generator producing electricity for sale under firm contract to the electric grid.
(iii) For units that commenced operation on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr that does one of the following:
(A) At no time serves a generator producing electricity for sale.
(B) At any time serves a generator producing electricity for sale, if the generator has a nameplate capacity of 25 MWe or less and has the potential to use no more than 50% of the potential electrical output capacity of the unit.
(b) Twenty-five ton exemption.
(1) Notwithstanding subsection (a), a unit under subsection (a)(1) or (2) that has a Federally enforceable permit that includes a NOx emission limitation restricting NOx emissions during a control period to 25 tons or less and that includes the special provisions in subsection (b)(4) shall be exempt from the requirements of the NOx Budget Trading Program, except for this paragraph and §§ 145.2, 145.3, 145.4(a), 145.7, 145.40--145.62. The NOx emission limitation under this paragraph shall restrict NOx emissions during the control period by limiting unit operating hours or heat input. The restriction on unit operating hours shall be calculated by dividing the permit restriction tonnage by the unit's maximum potential hourly NOx mass emissions, which shall equal the unit's maximum rated hourly heat input multiplied by the highest default NOx emission rate otherwise applicable to the unit under 40 CFR 75.19 (relating to optional emissions calculation for low mass emissions units). The restriction on heat input shall be calculated by dividing the permit restriction tonnage by the unit's highest default NOx emission rate otherwise applicable to the unit under 40 CFR 75.19.
(2) The exemption under paragraph (1) shall become effective under one of the following subparagraphs as follows:
(i) The exemption shall become effective on the date on which the NOx emission limitation and the special provisions in the permit under paragraph (1) become final.
(ii) If the NOx emission limitation and the special provisions in the permit under paragraph (1) become final during a control period and after the first date on which the unit operates during that control period, the exemption shall become effective on May 1 of the control period, provided that the NOx emission limitation and the special provisions apply to the unit as of the first date of operation. If the NOx emission limitation and special provisions do not apply to the unit as of the first date of operation, the exemption under paragraph (1) shall become effective on October 1 of the year during which the NOx emission limitation and the special provisions become final.
(3) The Department will provide notice to the NOx Budget Administrator of the issuance of the permit and, upon request, a copy of the permit.
(4) Special provisions are as follows:
(i) A unit exempt under paragraph (1) shall comply with the restriction on unit operating hours described in paragraph (1) during the control period each year.
(ii) The Department will allocate NOx allowances to the unit under §§ 145.41(a)--(c) and 145.42(a)--(c) (relating to timing requirements for NOx allowance allocations; and NOx allowance allocations) for each control period for which the unit is allocated NOx allowances under §§ 145.41(a)--(c) and 145.42(a)--(c) the following shall occur:
(A) The owners and operators of the unit shall specify a general account, in which the NOx Budget Administrator will record the NOx allowances.
(B) After the NOx Budget Administrator records NOx allowances under §§ 145.41(a)--(c) and 145.42(a)--(c), the NOx Budget Administrator will deduct, from the general account specified in clause (A), NOx allowances that are allocated for the same or a prior control period as the NOx allowances allocated to the unit under §§ 145.41(a)--(c) and 145.42(a)--(c) and that equal the NOx emission limitation (in tons of NOx) on which the unit's exemption under paragraph (1) is based. The NOx authorized account representative shall ensure that the general account contains the NOx allowances necessary for completion of the deduction.
(iii) A unit exempt under subsection (b) shall report hours of unit operation during the control period in each year to the Department by November 1 of that year.
(iv) For 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (1) shall retain records demonstrating that the conditions of the Federally enforceable permit under paragraph (1) were met, including the restriction on unit operating hours. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the Department or administrator. The owners and operators bear the burden of proof that the unit met the restriction on unit operating hours.
(v) The owners and operators and, to the extent applicable, the NOx authorized account representative of a unit exempt under paragraph (1) shall comply with the requirements of the NOx Budget Trading Program concerning all periods for which the exemption is not in effect, even if these requirements arise, or must be complied with, after the exemption takes effect.
(vi) On the earlier of the following dates, a unit exempt under paragraph (1) shall lose its exemption when one of the following occurs:
(A) The date on which the restriction on unit operating hours described in paragraph (1) is removed from the unit's Federally enforceable permit or otherwise becomes no longer applicable to any control period starting in 2003.
(B) The first date on which the unit fails to comply, or with regard to which the owners and operators fail to meet their burden of proving that the unit is complying, with the restriction on unit operating hours described in paragraph (1) during any control period starting in 2003.
(vii) A unit that loses its exemption in accordance with subparagraph (vi) shall be subject to this subchapter. For the purpose of allocating allowances under §§ 145.40--145.43 (relating to State trading program budget) and applying monitoring requirements under §§ 145.70--145.76 (relating to recordkeeping and reporting requirements), the unit shall be treated as commencing operation and, if the unit is covered by subsection (a)(1), commencing commercial operation on the date the unit loses its exemption.
(viii) a unit that is exempt under paragraph (1) is not eligible to be a NOx budget opt-in unit under §§ 145.80--145.88 (relating to opt-in process).
§ 145.5. Retired unit exemption.
(a) Application. This section applies to a NOx budget unit, other than a NOx budget opt-in source, that is permanently retired.
(b) Requirements.
(1) A NOx budget unit, other than a NOx budget opt-in source, that is permanently retired is exempt from the NOx Budget Trading Program, except for the provisions of this section, §§ 145.2, 145.3, 145.4, 145.6, 145.7 and 145.40--145.43, 145.50--145.57 and 145.60--145.62.
(2) The exemption under paragraph (1) shall become effective the day on which the unit is permanently retired. Within 30 days of permanent retirement, the NOx authorized account representative (authorized in accordance with this subchapter) shall submit a statement to the Department. A copy of the statement shall be submitted to the Administrator. The statement shall state (in a format prescribed by the Department) that the unit is permanently retired and will comply with subsection (c).
(3) After receipt of the notice under paragraph (2), the Department will amend any permit issued by the Department covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraph (1) and subsection (c).
(c) Special provisions.
(1) A unit exempt under this section may not emit NOx, starting on the date that the exemption takes effect. The owners and operators of the unit will be allocated allowances in accordance with §§ 145.40--145.43 (relating to NOx allowance allocations).
(2) A unit exempt under this section may not resume operation unless authorized by the Department. The NOx authorized account representative of the source shall submit a restart request to the Department for the unit at least 18 months prior to the date on which the unit is to first resume operation. The restart request shall, at a minimum, contain the following:
(i) Identification of the NOx budget source, including the plant name and the Office of Regulatory Information Systems or facility code assigned to the source by the energy information administration, if applicable.
(ii) Identification of each NOx budget unit at the NOx budget source and whether it is a NOx budget unit under § 145.4 or §§ 145.80--145.88 (relating to opt-in process).
(3) The owners and operators and, to the extent applicable, the NOx authorized account representative of a unit exempt under this section shall comply with the requirements of the NOx Budget Trading Program concerning all periods for which the exemption is not in effect, even if the requirements arise, or must be complied with, after the exemption takes effect.
(4) A unit that is exempt under this section is not eligible to be a NOx budget opt-in source under §§ 145.80--145.88.
(5) For 5 years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the Department or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(6) Loss of an exemption will be as follows:
(i) On the earlier of the following dates, a unit exempt under subsection (b) shall lose its exemption:
(A) The date on which the NOx authorized account representative submits a restart application under paragraph (2).
(B) The date on which the NOx authorized account representative is required under paragraph (2) to submit a restart application.
(ii) For the purpose of applying monitoring requirements under §§ 145.70--145.76 (relating to recordkeeping and reporting requirements), a unit that loses its exemption under this section shall be treated as a unit that commences operation or commercial operation on the first date on which the unit resumes operation.
§ 145.6. Standard requirements.
(a) Monitoring requirements.
(1) The owners and operators and the NOx authorized account representative of each NOx budget source and each NOx budget unit at the source shall comply with the monitoring requirements of §§ 145.70--145.76 (relating to recordkeeping and recording requirements).
(2) The emissions measurements recorded and reported in accordance with §§ 145.70--145.76 shall be used to determine compliance by the unit with the NOx budget emissions limitation under subsection (c).
(b) NOx requirements.
(1) The owners and operators of each NOx budget source and each NOx budget unit at the source shall hold NOx allowances available for compliance deductions under § 145.54 (relating to compliance), as of the NOx allowance transfer deadline, in the unit's compliance account and the source's overdraft account in an amount not less than the total NOx emissions for the control period from the unit, as determined in accordance with §§ 145.70--145.76 plus any amount necessary to account for actual heat input under § 145.42(e) (relating to NOx allowance allocations) for the control period or to account for excess emissions for a prior control period under § 145.54(d) or to account for withdrawal from the NOx Budget Trading Program, or a change in regulatory status, of a NOx budget opt-in unit under § 145.86 or § 145.87 (relating to opt-in source withdrawal from NOx Budget Trading Program; and opt-in source change in regulatory status).
(2) Each ton of NOx emitted in excess of the NOx budget emissions limitation shall constitute a separate violation of this subchapter and the act.
(3) A NOx budget unit shall be subject to paragraph (1) starting on May 1, 2003, or the date on which the unit commences operation, whichever is later.
(4) NOx allowances shall be held in, deducted from or transferred among NOx Allowance Tracking System accounts in accordance with §§ 145.40--145.43, 145.50--145.57, 145.60--145.62 and 145.80--145.88.
(5) A NOx allowance may not be deducted, to comply with paragraph (1), for a control period in a year prior to the year for which the NOx allowance was allocated.
(6) A NOx allowance allocated by the Department under the NOx Budget Trading Program is a limited authorization to emit 1 ton of NOx in accordance with the NOx Budget Trading Program. No provision of the NOx Budget Trading Program or an exemption under § 145.4(b) or § 145.5 (relating to applicability; and retired unit exemption) and no provision of law limit the authority of the United States or the Department to terminate or limit the authorization.
(7) A NOx allowance allocated by the Department under the NOx Budget Trading Program does not constitute a property right.
(c) Excess emissions. The owners and operators of a NOx budget unit that has excess emissions in any control period shall do the following:
(1) Surrender the NOx allowances required for deduction under § 145.54(d)(1).
(2) Pay any fine, penalty or assessment or comply with any other remedy imposed under § 145.54(d)(3) or the act.
(d) Recordkeeping and reporting requirements.
(1) Unless otherwise provided, the owners and operators of the NOx budget source and each NOx budget unit at the source shall maintain at a central location and provide upon request by the Department or the NOx Budget Administrator the following documents for 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the Department or the Administrator.
(i) The account certificate of representation for the NOx authorized account representative for the source and each NOx budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with § 145.13 (relating to account certificate of representation). The certificate and documents shall be retained beyond the 5-year period until the documents are superseded because of the submission of a new account certificate of representation changing the NOx authorized account representative.
(ii) The emissions monitoring information, in accordance with §§ 145.70--145.76. To the extent that §§ 145.70--145.76 provides for a 3-year period for recordkeeping, the 3-year period applies.
(iii) Copies of all reports, compliance certifications and other submissions and all records made or required under the NOx Budget Trading Program.
(iv) Copies of the documents used to complete any submission under the NOx Budget Trading Program or to demonstrate compliance with the NOx Budget Trading Program.
(2) The NOx authorized account representative of a NOx budget source and each NOx budget unit at the source shall submit the reports and compliance certifications required under the NOx Budget Trading Program, including those under §§ 145.30, 145.31, 145.70--145.76 and 145.80--145.88.
(e) Liability.
(1) A permit revision may not excuse any violation of the requirements of the NOx Budget Trading Program that occurs prior to the date that the revision takes effect.
(2) Each NOx budget source and each NOx budget unit shall meet the requirements of the NOx Budget Trading Program.
(3) Any provision of the NOx Budget Trading Program that applies to a NOx budget source (including a provision applicable to the NOx authorized account representative of a NOx budget source) shall also apply to the owners and operators of the source and of the NOx budget units at the source.
(4) Any provision of the NOx Budget Trading Program that applies to a NOx budget unit (including a provision applicable to the NOx authorized account representative of a NOx budget unit) shall also apply to the owners and operators of the unit. Except with regard to the requirements applicable to units with a common stack under §§ 145.70--145.76 the owners and operators and the NOx authorized account representative of one NOx budget unit is not liable for any violation by any other NOx budget unit of which they are not owners or operators or the NOx authorized account representative and that is located at a source of which they are not owners or operators or the NOx authorized account representative.
(f) Effect on other authorities. No provision of the NOx Budget Trading Program or an exemption under § 145.4(b) or § 145.5 shall be construed as exempting or excluding the owners and operators and the NOx authorized account representative of a NOx budget source or NOx budget unit from compliance with any other provision of the regulations promulgated under the CAA or the act.
§ 145.7. Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the NOx Budget Trading Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs.
(b) Unless otherwise stated, any time period scheduled, under the NOx Budget Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.
(c) Unless otherwise stated, if the final day of any time period, under the NOx Budget Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day.
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