reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter A - NO[x] BUDGET TRADING PROGRAM › OPT-IN PROCESS › Section 145.86 - Opt-in source withdrawal from NO[x] Budget Trading Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requesting withdrawal
.
						  To withdraw from the NOx Budget Trading Program, the
						  NOx authorized account representative of a
						  NOx budget opt-in unit shall submit to the Department a
						  request to withdraw effective as of a specified date prior to May 1 or after
						  September 30. The submission shall be made no later than 90 days prior to the
						  requested effective date of withdrawal.
(b)
Conditions for
						  withdrawal
. Before a NOx budget opt-in source
						  covered by a request under subsection (a) may withdraw from the
						  NOx Budget Trading Program and the
						  NOx budget opt-in approval may be terminated under
						  subsection (e), the following conditions shall be met:
(1) For the control period immediately before
						  the withdrawal is to be effective, the NOx authorized
						  account representative shall submit or shall have submitted to the Department
						  an annual compliance certification report in accordance with §
														145.30 (relating to compliance
						  certification report).
(2) If the
						  NOx budget opt-in unit has excess emissions for the
						  control period immediately before the withdrawal is to be effective, the
						  NOx Budget Administrator will deduct or have deducted
						  from the NOx budget opt-in unit's compliance account, or
						  the overdraft account of the NOx budget source where the
						  NOx budget opt-in unit is located, the full amount
						  required under §
														145.54(d) 
						  (relating to compliance) for the control period.
(3) After the requirements for withdrawal
						  under paragraphs (1) and (2) are met, the NOx Budget
						  Administrator will deduct from the NOx budget opt-in
						  unit's compliance account, or the overdraft account of the
						  NOx budget source where the NOx
						  budget opt-in unit is located, NOx allowances equal in
						  number to and allocated for the same or a prior control period as any
						  NOx allowances allocated to that source under §
						  145.88 (relating to NOx allowance allocations to opt-in
						  units) for any control period for which the withdrawal is to be effective. The
						  NOx Budget Administrator will close the
						  NOx budget opt-in unit's compliance account and transfer
						  any remaining allowances to a new general account specified by the owners and
						  operators of the NOx budget opt-in unit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter A - NO[x] BUDGET TRADING PROGRAM › OPT-IN PROCESS › Section 145.88 - NO[x] allowance allocations to opt-in units

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
NOx
						  allowance allocation
.
(1) By April 1
						  immediately before the first control period for which the
						  NOx budget opt-in approval is effective, the Department
						  will allocate NOx allowances to the
						  NOx budget opt-in unit and submit to the
						  NOx Allowance Tracking System the allocation for the
						  control period in accordance with subsection (b).
(2) By no later than April 1, after the first
						  control period for which the NOx budget opt-in approval
						  is in effect, and April 1 of each year thereafter, the Department will allocate
						  NOx allowances to the NOx budget
						  opt-in unit, and submit to the NOx Allowance Tracking
						  System allocations for the next control period, in accordance with subsection
						  (b).
(3) The Department will
						  publish in the
Pennsylvania Bulletin
each determination of
						  NOx allowance allocations under paragraphs (1) and (2)
						  and will provide an opportunity for submission of objections to the
						  determination. Objections shall be limited to addressing whether the
						  determination is in accordance with subsection (b). Based on objections, the
						  Department will adjust each determination to the extent necessary to ensure
						  that it is in accordance with subsection (b).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter A - NO[x] BUDGET TRADING PROGRAM › EMISSION REDUCTION CREDIT PROVISIONS › Section 145.90 - Emission reduction credit provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) NOx budget units
						  may create, transfer and use emission reduction credits (ERCs) in accordance
						  with Chapter 127 (relating to construction, modification, reactivation and
						  operation of sources) and this section. ERCs may not be used to satisfy
						  NOx allowance requirements.
(b) A NOx budget unit
						  may transfer NOx ERCs to a NOx
						  budget unit if the new or modified NOx budget unit's
						  ozone season (May 1 through September 30) allowable emissions do not exceed the
						  ozone season portion of the baseline emissions which were used to generate the
						  NOx ERCs.
(c) A NOx budget unit
						  may transfer NOx ERCs to a
						  non-NOx budget unit under the following conditions:
(1) The non-NOx budget
						  unit's ozone season (May 1-September 30) allowable emissions may not exceed the
						  ozone season portion of the baseline emissions which were used to generate the
						  NOx ERCs.
(2) The NOx allowance
						  tracking system account for NOx budget units which
						  generated ERCs transferred to non-NOx budget units,
						  including prior to the date of publication in the
Pennsylvania
						  Bulletin
, shall have a corresponding number of
						  NOx allowances retired that reflect the transfer of
						  emissions regulated under this subchapter to the non-NOx
						  budget units. The amount of annual NOx allowances
						  deducted shall be equivalent to that portion of the
						  non-NOx budget unit's NOx control
						  period allowable emissions which were provided for by the
						  NOx ERCs from the NOx budget
						  unit.
(3) Allocations for
						  NOx allowance control periods following 2002 to the
						  NOx ERC generating source may not include the allowances
						  identified in paragraph (2).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter A - NO[x] BUDGET TRADING PROGRAM › INTERSTATE POLLUTION TRANPORT REDUCTION REQUIREMENTS › Section 145.100 - Applicability to upwind states

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  This subchapter applies to NOx budget units located in
						  the States of Ohio, West Virginia, Virginia, Maryland, Delaware, New Jersey,
						  New York or North Carolina or located in Washington, D.C.
(b) The NOx trading
						  program budget for each state for a control period will equal the total number
						  of tons of NOx emissions apportioned to the
						  NOx budget units in each state as follows:
State
Electric
Nonelectric
Generating Units
Generating Units
Ohio
45,432
4,103
West Virginia
26,859
2,184
Virginia
17,091
4,104
Maryland
14,519
1,013
Delaware
4,306
232
Washington, D.C.
207
26
North Carolina
31,212
2,329
New Jersey
9,716
4,838
New York
16,081
156
(c) The compliance supplement pool for each
						  state is:
State
Allowance
Ohio
22,301
West Virginia
16,709
Virginia
5,504
Maryland
3,882
Delaware
168
New Jersey
1,550
New York
1,379
North Carolina
10,737
Washington, D.C.
0
(d) Any provision to the contrary
						  notwithstanding, this section is not applicable if one of the following
						  applies:
(1) NOx budget
						  units in the state or Washington, D.C. are required to comply with an emission
						  limitation established by the EPA under section 126 of the CAA (42 U.S.C.A. §
															7416).
(2) The state or Washington, D.C. submits a
						  state implementation plan that the EPA expressly determines meets the
						  requirements of section 110(a)(2)(D)(i)(I) of the CAA (42 U.S.C.A. §
															7410(a)(2)(D)(i)(I)).
(3) The EPA promulgates a Federal
						  implementation plan for the state or Washington, D.C. to expressly meet the
						  requirements of section 110(a)(2)(D)(i)(I) of the CAA.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter B - EMISSIONS OF NO[x] FROM STATIONARY INTERNAL COMBUSTION ENGINES › Section 145.111 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An owner or
						operator of an engine described in subsection (c) that emitted 153 tons or more
						of NOx from May 1 through September 30 in any year from
						1995 through 2004 shall comply with this subchapter by May 1, 2005, and each
						year thereafter.
(b) An owner or
						operator of an engine described in subsection (c) that emits 153 tons or more
						of NOx from May 1 through September 30 in any year after
						2004 shall comply with this subchapter by May 1 of the following calendar year
						and each year thereafter.
(c)
						Subsections (a) and (b) apply to the following engines:
(1) A rich burn or lean burn stationary
						internal combustion engine with an engine rating equal to or greater than 2,400
						brake horsepower.
(2) A diesel
						stationary internal combustion engine with an engine rating equal to or greater
						than 3,000 brake horsepower.
(3) A
						dual-fuel stationary internal combustion engine with an engine rating equal to
						or greater than 4,400 brake horsepower.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter B - EMISSIONS OF NO[x] FROM STATIONARY INTERNAL COMBUSTION ENGINES › Section 145.112 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
CEMS-Continuous Emission Monitoring
						  System
-The equipment required under this subchapter or Chapter 139
						  (relating to sampling and testing) to sample, analyze, measure and provide, by
						  readings taken at least every 15 minutes of the measured parameters, a
						  permanent record of NOx emissions.
Diesel stationary internal combustion
						  engine
-A compression-ignited two- or four-stroke engine in which
						  liquid fuel injected into the combustion chamber ignites when the air charge
						  has been compressed to a temperature sufficiently high for
						  auto-ignition.
Dual-fuel stationary internal combustion
						  engine
-A compression-ignited stationary internal combustion engine
						  that is burning liquid fuel and gaseous fuel simultaneously.
Engine rating
-The output of an engine
						  as determined by the engine manufacturer and listed on the nameplate of the
						  unit, regardless of any derating.
Lean-burn stationary internal combustion
						  engine
-Any two- or four-stroke spark-ignited engine that is not a
						  rich-burn stationary internal combustion engine.
Rich-burn stationary internal combustion
						  engine
-A two- or four-stroke spark-ignited engine where the
						  manufacturer's original recommended operating air/fuel ratio divided by the
						  stoichiometric air/fuel ratio is less than or equal to 1.1.
Stationary internal combustion
						  engine
-For the purposes of this subchapter, an internal combustion
						  engine of the reciprocating type that is either attached to a foundation at a
						  facility or is designed to be capable of being carried or moved from one
						  location to another and is not a mobile air contamination source.
Stoichiometric air/fuel ratio
-The
						  air/fuel ratio where all fuel and all oxygen in the air/fuel mixture will be
						  consumed.
Unit
-An engine subject to this
						  subchapter.
This section cited in 25 Pa. Code §
														129.97 (relating to presumptive
							 RACT requirements, RACT emission limitations and petition for alternative
							 compliance schedule); and 25 Pa. Code §
														129.112 (relating to presumptive
							 RACT requirements, RACT emission limitations and petition for alternative
							 compliance schedule).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter B - EMISSIONS OF NO[x] FROM STATIONARY INTERNAL COMBUSTION ENGINES › Section 145.113 - Standard requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						owner or operator of a unit subject to this subchapter shall calculate the
						difference between the unit's actual emissions from May 1 through September 30
						and the allowable emissions for that period by the following dates:
(1) For a unit described in §
													145.111(a) 
						(relating to applicability), by October 31, 2005, and each year
						thereafter.
(2) For a unit
						described in §
													145.111(b), by
						October 31 of the calendar year following the year that this subchapter becomes
						applicable to the unit and each year thereafter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter C - EMISSIONS OF NO[x] FROM CEMENT MANUFACTURING › Section 145.141 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
Beginning May 1, 2005, an owner or operator of a
						  Portland cement kiln shall comply with this subchapter.
This section cited in 25 Pa. Code §
														129.97 (relating to presumptive
							 RACT requirements, RACT emission limitations and petition for alternative
							 compliance schedule); and 25 Pa. Code §
														129.112 (relating to presumptive
							 RACT requirements, RACT emission limitations and petition for alternative
							 compliance schedule).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter C - EMISSIONS OF NO[x] FROM CEMENT MANUFACTURING › Section 145.142 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
CEMS-Continuous Emission Monitoring
						  System
-The equipment required under this subchapter or Chapter 139
						  (relating to sampling and testing) to sample, analyze, measure and provide, by
						  readings taken at least every 15 minutes of the measured parameters, a
						  permanent record of NOx emissions.
Calcine
-To heat a substance to a high
						  temperature, but below its melting or fusing point, to bring about thermal
						  decomposition or a phase transition in its physical or chemical constitution.
Clinker
-The product of a Portland
						  cement kiln from which finished cement is manufactured by milling and
						  grinding.
Long dry-process cement kiln
-A
						  Portland cement kiln that employs no preheating of the feed. The inlet feed to
						  the kiln is dry.
Long wet-process cement kiln
-A
						  Portland cement kiln that employs no preheating of the feed. The inlet feed to
						  the kiln is a slurry.
Portland cement
-A hydraulic cement
						  produced by pulverizing clinker consisting essentially of hydraulic calcium
						  silicates, usually containing one or more of the forms of calcium sulfate as an
						  interground addition.
Portland cement kiln
-A system,
						  including any solid, gaseous or liquid fuel combustion equipment, used to
						  calcine and fuse raw materials, including limestone and clay, to produce
						  Portland cement clinker.
Precalciner cement kiln
-A Portland
						  cement kiln where the feed to the kiln system is preheated in cyclone chambers
						  and a second burner is used to calcine material in a separate vessel attached
						  to the preheater prior to the final fusion in a kiln that forms clinker.
Preheater cement kiln
-A Portland
						  cement kiln where the feed to the kiln system is preheated in cyclone chambers
						  prior to the final fusion in a kiln that forms clinker.
System-wide
-Two or more Portland
						  cement kilns under the common control of the same owner or operator, or
						  multiple owners, in this Commonwealth.
The provisions of this §
														145.142 amended under section
							 5(a)(1) of the Air Pollution Control Act (35 P.S. §
															4005(a)(1)).
This section cited in 25 Pa. Code §
														129.97 (relating to presumptive
							 RACT requirements, RACT emission limitations and petition for alternative
							 compliance schedule); and 25 Pa. Code §
														129.112 (relating to presumptive
							 RACT requirements, RACT emission limitations and petition for alternative
							 compliance schedule).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter C - EMISSIONS OF NO[x] FROM CEMENT MANUFACTURING › Section 145.143 - Standard requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) By
						October 31, 2005, and each year thereafter, the owner or operator of a Portland
						cement kiln shall calculate the difference between the actual emissions from
						the unit during the period from May 1 through September 30 and the allowable
						emissions for that period.
(b) The
						owner or operator of a Portland cement kiln may not operate a Portland cement
						kiln in a manner that results in NOx emissions in excess of its allowable
						emissions, except as otherwise specified in this section.
(1) Beginning May 1 through September 30,
						2005, and each year thereafter, the owner or operator shall determine allowable
						emissions by multiplying the tons of clinker produced by the Portland cement
						kiln for the period by 6 pounds per ton of clinker produced.
(2) Beginning May 1 through September 30,
						2011, and each year thereafter, the owner or operator of a Portland cement kiln
						shall determine allowable emissions of NOx by multiplying the tons of clinker
						produced by the Portland cement kiln for the period by:
(i) 3.88 pounds of NOx per ton of clinker
						produced for long wet-process cement kilns.
(ii) 3.44 pounds of NOx per ton of clinker
						produced for long dry-process cement kilns.
(iii) 2.36 pounds of NOx per ton of clinker
						produced for:
(A) Preheater cement
						kilns.
(B) Precalciner cement
						kilns.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter C - EMISSIONS OF NO[x] FROM CEMENT MANUFACTURING › Section 145.144 - Compliance determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) By
						April 15, 2011, the owner or operator of a Portland cement kiln subject to
						§
												145.143(b)(2)
						(relating to standard requirements) shall:
(1) Install, operate and maintain CEMS for
						NOx emissions.
(2) Report CEMS
						emissions data, in accordance with the CEMS requirements of Chapter 139,
						Subchapter C (relating to requirements for source monitoring for stationary
						sources), to the Department.
(3)
						Calculate actual emissions using the CEMS data reported to the
						Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter C - EMISSIONS OF NO[x] FROM CEMENT MANUFACTURING › Section 145.145 - Compliance demonstration and reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) By October 31, 2011, and each year
						thereafter, the owner or operator of a Portland cement kiln subject to §
												145.143(b)(2)
						(relating to standard requirements) shall submit a written report to the
						Department, in a format approved by the Department, which includes the
						following:
(1) The difference between the
						actual NOx emissions from the kiln during the interval from May 1 through
						September 30 and the allowable emissions for that period.
(2) The calculations used to determine the
						difference in emissions, including the CEMS data and clinker production data
						used to show compliance with the allowable emission limits in §
													145.143(b)(2).
						The clinker production data must consist of the quantity of clinker, in tons,
						produced per day for each kiln.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter C - EMISSIONS OF NO[x] FROM CEMENT MANUFACTURING › Section 145.146 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or
						operator of a Portland cement kiln shall maintain an operating log for each
						Portland cement kiln. The operating log must include the following on a monthly
						basis:
(1) The total hours of
						operation.
(2) The type and
						quantity of fuel used.
(3) The
						quantity of clinker produced.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter D - CAIR NO[x] and SO[2] TRADING PROGRAMS › GENERAL PROVISIONS › Section 145.201 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter incorporates by reference the CAIR
							 NOx Annual Trading Program and CAIR NOx Ozone Season Trading Program as a means
							 of mitigating the interstate transport of fine particulates and NOx, and the
							 CAIR SO2 Trading Program as a means of mitigating the
							 interstate transport of fine particulates and SO2. This
							 subchapter also establishes general provisions and the applicability, allowance
							 and supplemental monitoring, recordkeeping and reporting
							 provisions.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter D - CAIR NO[x] and SO[2] TRADING PROGRAMS › GENERAL PROVISIONS › Section 145.202 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
							 subchapter, have the following meanings, unless the context clearly indicates
							 otherwise:
Demand side management
-The
							 management of customer consumption of electricity or the demand for electricity
							 through the implementation of any of the following:
(i) Energy efficiency technologies,
						  management practices or other strategies in residential, commercial,
						  institutional or government customers that reduce electricity consumption by
						  those customers.
(ii) Load
						  management or demand response technologies, management practices or other
						  strategies in residential, commercial, industrial, institutional and government
						  customers that shift electric load from periods of higher demand to periods of
						  lower demand.
(iii) Industrial
						  by-product technologies consisting of the use of a by-product from an
						  industrial process, including the reuse of energy from exhaust gases or other
						  manufacturing by-products that are used in the direct production of electricity
						  at the facility of a customer.
Demand side management energy efficiency
							 qualifying resource
-A demand side management energy efficiency measure
							 that has no associated NOx emissions and that generates certified alternative
							 energy credit.
EIA
-The Energy Information
							 Administration of the United States Department of Energy or its
							 successor.
MWh-Megawatt-hour
-One million
							 watt-hours.
Pennsylvania Alternative Energy Portfolio
							 Standard
-An applicable standard promulgated under the Alternative
							 Energy Portfolio Standards Act (73 P. S. §§
														1648.1-1648.8).
Renewable energy
-
(i) Renewable energy generated by one or more
						  of the following fuels, energy resources or technologies, and that does not
						  emit NOx or SO2:
(A)
						  Solar photovoltaic or solar thermal energy.
(B) Wind energy.
(C) Fuel cells that do not employ a fuel
						  processor that emits NOx.
(D) Ocean
						  thermal, wave or tidal energy.
(E)
						  Low-impact hydro energy.
(F)
						  Geothermal energy.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter D - CAIR NO[x] and SO[2] TRADING PROGRAMS › GENERAL PROVISIONS › Section 145.203 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to CAIR NOx units, CAIR NOx
							 Ozone Season units and CAIR SO2 units.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter D - CAIR NO[x] and SO[2] TRADING PROGRAMS › GENERAL PROVISIONS › Section 145.204 - Incorporation of Federal regulations by reference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise specified in this
						  subchapter, the provisions of the CAIR NOx Annual Trading Program, found in 40
						  CFR Part 96 (relating to NOx budget trading program and CAIR NOx and
						  SO2 trading programs for State implementation plans),
						  including all appendices, future amendments and supplements thereto, are
						  incorporated by reference.
(b)
						  Except as otherwise specified in this subchapter, the provisions of the CAIR
						  SO2 Trading Program, found in 40 CFR Part 96 , including
						  all appendices, future amendments and supplements thereto, are incorporated by
						  reference.
(c) Except as otherwise
						  specified in this subchapter, the provisions of the CAIR NOx Ozone Season
						  Trading Program, found in 40 CFR Part 96 , including all appendices, future
						  amendments and supplements thereto, are incorporated by reference.
(d) In the event of a conflict between
						  Federal regulatory provisions incorporated by reference in this subchapter and
						  Pennsylvania regulatory provisions, the provision expressly set out in this
						  subchapter shall be followed unless the Federal provision is more stringent.
						  Federal regulations that are cited in this subchapter or that are
						  cross-referenced in the Federal regulations incorporated by reference include
						  any Pennsylvania modifications made to those Federal regulations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter D - CAIR NO[x] and SO[2] TRADING PROGRAMS › ADDITIONAL REQUIREMENTS FOR CHAPTER 127 EMISSION REDUCTION CREDIT PROVISIONS › Section 145.205 - Emission reduction credit provisions

Current through Register Vol. 54, No. 28, July 13, 2024
The following conditions shall be satisfied in order
							 for the Department to issue a permit or plan approval to the owner or operator
							 of a unit not subject to this subchapter that is relying on emission reduction
							 credits (ERCs) or creditable emission reductions in an applicability
							 determination under Chapter 127, Subchapter E (relating to new source review),
							 or is seeking to enter into an emissions trade authorized under Chapter 127
							 (relating to construction, modification, reactivation and operation of
							 sources), if the ERCs or creditable emission reductions were, or will be,
							 generated by a unit subject to this subchapter.
(1) Prior to issuing the permit or plan
						  approval, the Department will permanently reduce the Commonwealth's CAIR NOx
						  trading budget or CAIR NOx Ozone Season trading budget, or both, as applicable,
						  beginning with the sixth control period following the date the plan approval or
						  permit to commence operations or increase emissions is issued. The Department
						  will permanently reduce the applicable CAIR NOx budgets by an amount of
						  allowances equal to the ERCs or creditable emission reductions relied upon in
						  the applicability determination for the non-CAIR unit subject to Chapter 127,
						  Subchapter E or in the amount equal to the emissions trade authorized under
						  Chapter 127, as if these emissions had already been emitted.
(2) The permit or plan approval must prohibit
						  the owner or operator from commencing operation or increasing emissions until
						  the owner or operator of the CAIR unit generating the ERC or creditable
						  emission reduction surrenders to the Department an amount of allowances equal
						  to the ERCs or emission reduction credits relied upon in the applicability
						  determination for the non-CAIR unit under Chapter 127, Subchapter E or the
						  amount equal to the ERC trade authorized under Chapter 127, for each of the
						  five consecutive control periods following the date the non-CAIR unit commences
						  operation or increases emissions. The allowances surrendered must be of present
						  or past vintage years.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter D - CAIR NO[x] and SO[2] TRADING PROGRAMS › ADDITIONAL REQUIREMENTS FOR CAIR NO[x] ANNUAL TRADING PROGRAM › Section 145.211 - Timing requirements for CAIR NO[x] allowance allocations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Provisions not incorporated by reference
. The requirements of
						  40 CFR
						  96.141 (relating to timing requirements for
						  CAIR NOx allowance allocations) are not incorporated by reference. Instead of
						  40 CFR
						  96.141, the requirements set forth in this
						  section apply.
(b)
Regular
						  allocations
. The Department will make regular allocations of CAIR NOx
						  allowances as follows:
(1) Except for
						  allocations made under subsection (c), by April 30, 2008, the Department will
						  submit to the Administrator the CAIR NOx allowance allocations made in
						  accordance with §
														145.212 (relating to CAIR NOx
						  allowance allocations) for the control periods in 2010-2012 in a format
						  prescribed by the Administrator.
(2) Except for allocations made under
						  subsection (c), by April 30, 2009, the Department will submit to the
						  Administrator the CAIR NOx allowance allocations made in accordance with §
														145.212 for the control period in
						  2013 in a format prescribed by the Administrator. By April 30 every year after
						  2009, the Department will submit the allocations for the next consecutive
						  control period.
(3) The Department
						  will reserve 1.3% of the CAIR NOx Trading Budget for each annual control period
						  for allocation to units as provided under § 145.212(f)(2).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter D - CAIR NO[x] and SO[2] TRADING PROGRAMS › ADDITIONAL REQUIREMENTS FOR CAIR NO[x] ANNUAL TRADING PROGRAM › Section 145.212 - CAIR NO[x] allowance allocations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Provisions not incorporated by
						  reference
. The requirements of
						  40 CFR
						  96.142 (relating to CAIR NOx allowance
						  allocations) are not incorporated by reference. Instead of
						  40 CFR
						  96.142, the requirements set forth in this
						  section apply.
(b)
Baseline
						  heat input
. Baseline heat input for each CAIR NOx unit will be
						  converted as follows:
(1) A unit's control
						  period heat input and a unit's status as coal-fired or oil-fired for a calendar
						  year under this paragraph will be determined in one of the following two ways:
(i) In accordance with 40 CFR Part 75
						  (relating to continuous emission monitoring), to the extent that the unit was
						  otherwise subject to 40 CFR Part 75 for the year.
(ii) Based on the best available data
						  reported to the Department for the unit, to the extent the unit was not
						  otherwise subject to the requirements of 40 CFR Part 75 for the year.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter D - CAIR NO[x] and SO[2] TRADING PROGRAMS › ADDITIONAL REQUIREMENTS FOR CAIR NO[x] OZONE SEASON TRADING PROGRAM › Section 145.221 - Timing requirements for CAIR NO[x] Ozone Season allowance allocations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Provisions not incorporated by reference
. The requirements of
						  40 CFR
						  96.341 (relating to timing requirements for
						  CAIR NOx Ozone Season allowance allocations) are not incorporated by reference.
						  Instead of 40 CFR
						  96.341, the requirements in this section
						  apply.
(b)
Regular
						  allocations
. The Department will make regular allocations of CAIR NOx
						  ozone season allowances as follows:
(1) Except
						  for allocations made under subsection (c), by April 30, 2008, the Department
						  will submit to the Administrator the CAIR NOx Ozone Season allowance
						  allocations made in accordance with §
														145.222 (relating to CAIR NOx
						  Ozone Season allowance allocations) for the control periods in 2010-2012 in a
						  format prescribed by the Administrator.
(2) Except for allocations made under
						  subsection (c), by April 30, 2009, the Department will submit to the
						  Administrator the CAIR NOx Ozone Season allowance allocations made in
						  accordance with §
														145.222 for the control period in
						  2013 in a format prescribed by the Administrator. By April 30 every year after
						  2009, the Department will submit the allocations for the next consecutive
						  control period.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter D - CAIR NO[x] and SO[2] TRADING PROGRAMS › ADDITIONAL REQUIREMENTS FOR CAIR NO[x] OZONE SEASON TRADING PROGRAM › Section 145.222 - CAIR NO[x] Ozone Season allowance allocations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Provisions not incorporated by
						  reference
. The requirements of
						  40 CFR
						  96.342 (relating to CAIR NOx Ozone Season
						  allowance allocations) are not incorporated by reference. Instead of
						  40 CFR
						  96.342, the requirements in this section
						  apply.
(b)
Baseline heat
						  input
. Baseline heat input for each CAIR NOx Ozone Season unit will be
						  converted as follows:
(1) A unit's control
						  period heat input and a unit's status as coal-fired or oil-fired for the ozone
						  season portion of a calendar year under this paragraph will be determined in
						  one of the following two ways:
(i) In
						  accordance with 40 CFR Part 75 (relating to continuous emission monitoring), to
						  the extent that the unit was otherwise subject to the requirements of 40 CFR
						  Part 75 for the control period.
(ii) Based on the best available data
						  reported to the Department for the unit, to the extent the unit was not
						  otherwise subject to the requirements of 40 CFR Part 75 for the
						  year.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter E - CO[2] BUDGET TRADING PROGRAM › GENERAL PROVISIONS › Section 145.301 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the Pennsylvania
							 component of the CO2 Budget Trading Program, which is
							 designed to reduce anthropogenic emissions of CO2, a
							 greenhouse gas, from CO2 budget sources in a manner that
							 is protective of public health, welfare and the environment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter E - CO[2] BUDGET TRADING PROGRAM › GENERAL PROVISIONS › Section 145.303 - Measurements, abbreviations and acronyms

Current through Register Vol. 54, No. 28, July 13, 2024
Measurements, abbreviations and acronyms used in this
							 subchapter are defined as follows:
CH4
-methane.
hr
-hour.
lb
-pounds.
MMBtu
-Million Btu.
MW
-megawatt.
MWe
-megawatt
							 electrical.
This section cited in 25 Pa. Code §
															145.305 (relating to limited
								exemption for CO2 budget units with electrical output to
								the electric grid restricted by permit
								conditions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter E - CO[2] BUDGET TRADING PROGRAM › GENERAL PROVISIONS › Section 145.304 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
CO2 budget unit.
Beginning April 23,
						  2022, this subchapter applies to an owner or operator of a unit that serves an
						  electricity generator with a nameplate capacity equal to or greater than 25
						  MWe.
(b)
CO2 budget source.
Any source that
						  includes one or more CO2 budget units shall be a
						  CO2 budget source, subject to the requirements of this
						  subchapter.
This section cited in 25 Pa. Code §
															145.302 (relating to definitions);
								25 Pa. Code §
															145.305 (relating to limited
								exemption for CO2 budget units with electrical output to
								the electric grid restricted by permit conditions); and 25 Pa. Code §
								145.342 (relating to CO2 allowance
								allocations).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter E - CO[2] BUDGET TRADING PROGRAM › GENERAL PROVISIONS › Section 145.306 - Standard requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permit requirements.
(1) The
						  owner or operator of each CO2 budget source shall have a
						  CO2 budget permit condition in their permit required
						  under Chapter 127 (relating to construction, modification, reactivation and
						  operation of sources) and shall submit to the Department the following:
(i) A complete application for a new, renewed
						  or modified permit under §
															145.323 (relating to contents of
						  an application for a permit incorporating CO2 Budget
						  Trading Program requirements) in accordance with the deadlines specified in
						  §
															145.322 (relating to submission of
						  an application for a new, renewed or modified permit incorporating
						  CO2 Budget Trading Program requirements).
(ii) Any supplemental information that the
						  Department determines is necessary to review the permit application and issue
						  or deny a permit, permit renewal or permit modification that includes
						  CO2 Budget Trading Program requirements.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter E - CO[2] BUDGET TRADING PROGRAM › GENERAL PROVISIONS › Section 145.307 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
						  otherwise stated, any time period scheduled, under the
						  CO2 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 CO2 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 CO2 Budget Trading
						  Program, falls on a weekend or a State or Federal holiday, the time period
						  shall be extended to the next business day.
This section cited in 25 Pa. Code §
															145.305 (relating to limited
								exemption for CO2 budget units with electrical output to
								the electric grid restricted by permit
								conditions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter E - CO[2] BUDGET TRADING PROGRAM › CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE FOR A CO[2] BUDGET SOURCE › Section 145.312 - CO[2] authorized alternate account representative

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An account certificate of representation
						  may designate only one CO2 authorized alternate account
						  representative who may act on behalf of the CO2
						  authorized account representative. The agreement by which the
						  CO2 authorized alternate account representative is
						  selected shall include a procedure for authorizing the
						  CO2 authorized alternate account representative to act
						  instead of the CO2 authorized account representative.
(b) Upon receipt by the Department
						  or its agent of a complete account certificate of representation under §
													145.314 (relating to account
						  certificate of representation), any representation, action, inaction or
						  submission by the CO2 authorized alternate account
						  representative shall be deemed to be a representation, action, inaction or
						  submission by the CO2 authorized account
						  representative.
(c) Except in this
						  section and §§
													145.311(a),
						  145.313, 145.314 and 145.352, whenever the term "CO2
						  authorized account representative" is used in this subchapter, the term shall
						  include the CO2 authorized alternate account
						  representative.
This section cited in 25 Pa. Code §
															145.311 (relating to authorization
								and responsibilities of the CO2 authorized account
								representative).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter E - CO[2] BUDGET TRADING PROGRAM › CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE FOR A CO[2] BUDGET SOURCE › Section 145.314 - Account certificate of representation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A complete account certificate of
						  representation for a CO2 authorized account
						  representative or a CO2 authorized alternate account
						  representative shall include the following elements in a format prescribed by
						  the Department or its agent:
(1)
						  Identification of the CO2 budget source and each
						  CO2 budget unit at the source for which the account
						  certificate of representation is submitted.
(2) The name, address, e-mail address and
						  telephone number of the CO2 authorized account
						  representative and any CO2 authorized alternate account
						  representative.
(3) A list of the
						  owners and operators of the CO2 budget source and of
						  each CO2 budget unit at the source.
(4) The following certification statement by
						  the CO2 authorized account representative and any
						  CO2 authorized alternate account representative:
"I certify that I was selected as the
							 CO2 authorized account representative or
							 CO2 authorized alternate account representative, as
							 applicable, by an agreement binding on the owner or operator of the
							 CO2 budget source and each CO2
							 budget unit at the source. I certify that I have all the necessary authority to
							 carry out my duties and responsibilities under the CO2
							 Budget Trading Program on behalf of the owner or operator of the
							 CO2 budget source and of each CO2
							 budget unit at the source and that each owner and operator shall be fully bound
							 by my representations, actions, inactions, or submissions and by any decision
							 or order issued to me by the Department or a court regarding the source or
							 unit."
(5) The signature of
						  the CO2 authorized account representative and any
						  CO2 authorized alternate account representative and the
						  dates signed.