§ 123.111. Failure to meet source compliance requirements.
(a) Failure by the NOx affected source to hold in its compliance account, for a NOx allowance control period, as of the NOx allowance transfer deadline, sufficient NOx allowances equal to or exceeding actual emissions for the NOx allowance control period as specified under § 123.102 (relating to source allowance requirements and NOx allowance control period) shall result in NOx allowance deduction from the NOx affected source’s compliance account at the rate of 3 NOx allowances for every 1 ton of excess emissions. If sufficient allowances meeting the requirements of § 123.110(a) (relating to source compliance requirements) are not available, the source shall provide other sufficient allowances which shall be deducted prior to the beginning of the next NOx allowance control period, otherwise the source may not operate during subsequent control periods.
(b) In addition to the NOx allowance deduction required by subsection (a), the Department may enforce the provisions of this section and § § 123.101—123.110 and 123.112—123.120 under the act and the Clean Air Act.
(1) For purposes of determining the number of days of violation, any excess emissions for the NOx allowance control period shall presume that each day in the NOx allowance control period constitutes a day in violation (153 days) unless the NOx affected source can demonstrate, to the satisfaction of the Department, that a lesser number of days should be considered.
(2) Each ton of excess emissions is a separate violation.
Source The provisions of this § 123.111 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.
Cross References This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.110 (relating to source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).
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