§ 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.
Cross References This section cited in 25 Pa. Code § 145.5 (relating to retired unit exemption); 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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