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 145.87 - Opt-in unit change in regulatory status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notification
. When a
						  NOx budget opt-in unit becomes a
						  NOx budget unit under §
													145.4(a) 
						  (relating to applicability), the NOx authorized account
						  representative shall notify in writing the Department and the Administrator of
						  the change in the NOx budget opt-in unit's regulatory
						  status, within 30 days of the change.
(b)
Department's and
						  NOx Budget Administrator's action
.
(1)
Units with active
						  applications
.
(i)
Revision
						  of approval
. When the NOx budget opt-in unit
						  becomes a NOx budget unit under §
															145.4(a), the
						  Department will revise the NOx budget opt-in unit's
						  NOx budget opt-in approval to meet the requirements of
						  this subchapter as of an effective date that is the date on which the
						  NOx budget opt-in unit becomes a
						  NOx budget unit under § 145.4(a).
(ii)
Compliance account
.
(A) The NOx Budget
						  Administrator will deduct from the compliance account for the
						  NOx budget unit under subparagraph (i), or the overdraft
						  account of the NOx budget source where the unit is
						  located, NOx allowances equal in number to and allocated
						  for the same or a prior control period as the following:
(I) NOx allowances
						  allocated to the NOx budget unit (as a
						  NOx budget opt-in unit) under §
																	145.88 (relating to
						  NOx allowance allocations to opt-in units) for any
						  control period after the last control period during which the unit's
						  NOx budget opt-in approval was effective.
(II) If the effective date of the
						  NOx budget approval revision under subparagraph (i) is
						  during a control period, the NOx allowances allocated to
						  the NOx budget unit (as a NOx
						  budget opt-in unit) under §
																	145.88 for the control period
						  multiplied by the number of days, in the control period, starting with the
						  effective date of the approval revision under subparagraph (i), divided by the
						  total number of days in the control period and rounded to the nearest whole
						  number of NOx allowances as
						  appropriate.
(B) The
						  NOx authorized account representative shall ensure that
						  the compliance account of the NOx budget unit under
						  subparagraph (i), or the overdraft account of the NOx
						  budget source where the unit is located, includes the
						  NOx allowances necessary for completion of the deduction
						  under clause (A). If the compliance account or overdraft account does not
						  contain sufficient NOx allowances, the
						  NOx Budget Administrator will deduct the required number
						  of NOx allowances, regardless of the control period for
						  which they were allocated, whenever NOx allowances are
						  recorded in either account.
(iii)
Allocations
.
(A) For every control period during which the
						  NOx budget approval revised under subparagraph (i) is
						  effective, the NOx budget unit under subparagraph (i)
						  will be treated, solely for purposes of NOx allowance
						  allocations under §
																145.42 (relating to
						  NOx allowance allocations), as a unit that commenced
						  operation on the effective date of the NOx budget
						  approval revision under subparagraph (i) and will be allocated
						  NOx allowances under §
																145.42. The unit's deadline under
						  § 145.84(b) (relating to opt-in process) for meeting monitoring
						  requirements in accordance with §§
																145.70-145.76 (relating to recordkeeping
						  and reporting requirements) will not be changed by the change in the unit's
						  regulatory status or by the revision of the NOx budget
						  approval under subparagraph (i).
(B) Notwithstanding clause (A), if the
						  effective date of the NOx budget approval revision under
						  subparagraph (i) is during a control period, the following number of
						  NOx allowances will be allocated to the
						  NOx budget unit under subparagraph (i) under §
																145.42 for the control period: the
						  number of NOx allowances otherwise allocated to the
						  NOx budget unit under §
																145.42 for the control period
						  multiplied by the ratio of the number of days, in the control period, starting
						  with the effective date of the approval revision under subparagraph (i),
						  divided by the total number of days in the control period, and rounded to the
						  nearest whole number of NOx allowances as
						  appropriate.