§ 145.376. Petitions.
(a) Except as provided in subsection (c), the CO2 authorized account representative of a CO2 budget unit that is subject to an acid rain emissions limitation may submit a petition to the Administrator under 40 CFR 75.66 (relating to petitions to the administrator) and to the Department requesting approval to apply an alternative to any requirement of 40 CFR Part 75 (relating to continuous emission monitoring).
(b) Application of an alternative to any requirement of 40 CFR Part 75 is in accordance with this subchapter only to the extent that the petition is approved in writing by the Administrator and subsequently approved in writing by the Department.
(c) The CO2 authorized account representative of a CO2 budget unit that is not subject to an acid rain emissions limitation may submit a petition to the Administrator under 40 CFR 75.66 and to the Department requesting approval to apply an alternative to any requirement of 40 CFR Part 75. Application of an alternative to any requirement of 40 CFR Part 75 is in accordance with this subchapter only to the extent that the petition is approved in writing by the Administrator and subsequently approved in writing by the Department.
(d) In the event that the Administrator declines to review a petition under subsection (c), the CO2 authorized account representative of a CO2 budget unit that is not subject to an acid rain emissions limitation may submit a petition to the Department requesting approval to apply an alternative to any requirement of § § 145.371—145.377 (relating to monitoring, reporting and recordkeeping requirements). That petition shall contain all of the relevant information specified in 40 CFR 75.66. Application of an alternative to any requirement of § § 145.371—145.377 is in accordance with § § 145.371—145.377 only to the extent that the petition is approved in writing by the Department.
(e) The CO2 authorized account representative of a CO2 budget unit that is subject to an acid rain emissions limitation may submit a petition to the Administrator under 40 CFR 75.66 and to the Department requesting 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 for common stack and multiple stack configurations) or a CO2 concentration CEMS used under 40 CFR 75.71(a)(2) (relating to specific provisions for monitoring NOx and heat input for the purpose of calculating NOx mass emissions). Application of an alternative to any requirement is in accordance with § § 145.371—145.377 only to the extent the petition is approved in writing by the Administrator and subsequently approved in writing by the Department.
Cross References This section cited in 25 Pa. Code § 145.306 (relating to standard requirements); 25 Pa. Code § 145.323 (relating to contents of an application for a permit incorporating CO2 Budget Trading Program requirements); 25 Pa. Code § 145.331 (relating to compliance certification report); 25 Pa. Code § 145.355 (relating to compliance); 25 Pa. Code § 145.371 (relating to general monitoring requirements); 25 Pa. Code § 145.372 (relating to initial certification and recertification procedures); and 25 Pa. Code § 145.377 (relating to CO2 budget units that co-fire eligible biomass).
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