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 145.84 - Opt-in process

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will issue or deny a
							 NOx budget opt-in approval for a unit for which an
							 application for a NOx budget opt-in approval under
							 §
													145.83 (relating to applying for a
							 NOx budget opt-in approval) is submitted, in accordance
							 with the following:
(1)
Interim review of monitoring plan
. The Department will
						  determine, on an interim basis, the sufficiency of the monitoring plan
						  accompanying the initial application for a NOx budget
						  opt-in approval under § 145.83. A monitoring plan is sufficient, for
						  purposes of interim review, if the plan appears to contain information
						  demonstrating that the NOx emissions rate and heat input
						  rate of the unit are monitored and reported in accordance with §§
													145.70-145.76 (relating to recordkeeping
						  and reporting requirements). A determination of sufficiency will not be
						  construed as acceptance or approval of the unit's monitoring plan.
(2)
Plan sufficiency
. If the
						  Department determines that the unit's monitoring plan is sufficient under
						  paragraph (1) and after completion of monitoring system certification under
						  §§
													145.70-145.76, the
						  NOx emissions rate and the heat input of the unit shall
						  be monitored and reported in accordance with §§
													145.70-145.76 for one full control period
						  during which monitoring system availability is not less than 90% and during
						  which the unit is in compliance with applicable State or Federal
						  NOx emissions or emissions-related requirements. Solely
						  for purposes of applying this requirement, the unit shall be treated as a
						  NOx budget unit prior to issuance of a
						  NOx budget opt-in approval covering the unit.
(3)
Base line heat rate
.
						  Based on the information monitored and reported under paragraph (2), the unit's
						  baseline heat rate shall be calculated as the unit's total heat input (in
						  mmBtu) for the control period and the unit's baseline
						  NOx emissions rate shall be calculated as the unit's
						  total NOx mass emissions (in pounds) for the control
						  period divided by the unit's baseline heat input.
(4)
Proposed approval
. After
						  calculating the baseline heat input and the baseline NOx
						  emissions rate for the unit under paragraph (3), the Department will propose
						  approval of the application.
(5)
Issuance of NOx budget opt-in approval
.
						  The Department will issue the NOx budget opt-in approval
						  if the unit meets the requirements of this subchapter.
(6)
Nonqualification of unit
. Notwithstanding paragraphs (1)-(5), if at any time before issuance of a
						  NOx budget opt-in approval for the unit, the Department
						  determines that the unit does not qualify as a NOx
						  budget opt-in source under §
													145.80 (relating to applicability
						  for opt-in sources), the Department will issue a denial of a
						  NOx budget opt-in approval for the unit.
(7)
Withdrawal of application for a
						  NOx budget opt-in approval
. A
						  NOx authorized account representative of a unit may
						  withdraw its application for a NOx budget opt-in
						  approval under §
													145.83 at any time prior to the
						  issuance of the final NOx budget opt-in approval. Once
						  the application for a NOx budget opt-in approval is
						  withdrawn, a NOx authorized account representative
						  wanting to reapply shall submit a new application for a
						  NOx budget opt-in approval under §
						  145.83.
(8)
Effective
						  date
. The effective date of the initial NOx
						  budget opt-in approval is May 1 of the first control period starting after the
						  issuance of the initial NOx budget opt-in approval by
						  the Department. The unit shall be a NOx budget opt-in
						  source and a NOx budget unit as of the effective date of
						  the initial NOx budget opt-in approval.
This section cited in 25 Pa. Code §
															129.201 (relating to boilers); 25
								Pa. Code §
															129.202 (relating to stationary
								combustion turbines); 25 Pa. Code §
															145.2 (relating to definitions);
								25 Pa. Code §
															145.4 (relating to applicability);
								25 Pa. Code §
															145.5 (relating to retired unit
								exemption); 25 Pa. Code §
															145.50 (relating to
								NOx Allowance Tracking System accounts); 25 Pa. Code
								§
															145.54 (relating to compliance);
								25 Pa. Code §
															145.55 (relating to banking); 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 §
															145.83 (relating to applying for a
								NOx budget opt-in approval); 25 Pa. Code §
															145.87 (relating to opt-in unit
								change in regulatory status); and 25 Pa. Code § 145.88 (relating to
								NOx allowance allocations to opt-in
								units).