§ 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.
Cross References This section cited in 25 Pa. Code § 145.2 (relating to definitions); 25 Pa. Code § 145.53 (relating to recordation of NOx allowance allocations); 25 Pa. Code § 145.70 (relating to general monitoring requirements); 25 Pa. Code § 145.80 (relating to applicability for opt-in sources); 25 Pa. Code § 145.81 (relating to opt-in source general provisions); and 25 Pa. Code § 145.83 (relating to applying for a NOx budget opt-in approval).
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