Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter F - OPERATING PERMIT REQUIREMENTS › OPERATING PERMIT CONDITIONS › Section 127.448 - Emissions trading at facilities with Federally enforceable emissions cap

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or
						  operator of a facility with a Federally enforceable emissions cap may trade
						  increases and decreases in emissions between sources with Federally enforceable
						  emissions caps at the permitted facility, when the applicable SIP and this
						  article provide for the emissions trades without requiring a permit revision
						  and when the owner or operator of the facility provides 7 days written notice
						  to the Department prior to the proposed change. This subsection is applicable
						  when the permit does not already provide for the emissions trading.
(b) The written notification required by
						  subsection (a) shall include information required by the SIP and this article
						  authorizing the emissions trade, including at a minimum, when the proposed
						  change will occur, a description of each change, changes in emissions that will
						  occur as a result of the change from any source within the facility, the permit
						  requirements with which the source will comply using the emissions trading
						  provisions of the applicable implementation plan and this article and the air
						  contaminants emitted subject to the emissions trade. The notice shall also
						  refer to the provisions with which the source will comply in the applicable
						  implementation plan and this article that provide for the emissions trade.
(c) Unless precluded by the Clean
						  Air Act or the regulations thereunder, the permit shield described in §
													127.516 (relating to permit
						  shield) extends to a change made under this section. Compliance with the permit
						  requirements that the source will meet using the emissions trade shall be
						  determined according to requirements of the SIP and this article authorizing
						  the emissions trade.
(d) If a
						  permit applicant requests it, the Department may issue permits that contain
						  terms and conditions allowing for the trading of emissions increases and
						  decreases in the permitted facility solely for the purpose of complying with
						  Federally-enforceable emissions caps that are established in the permit
						  independent of otherwise applicable requirements. The permit applicant shall
						  include in its application proposed replicable procedures and permit terms that
						  ensure the emissions trades are quantifiable and enforceable. The Department
						  will not include in the emissions trading provisions sources for which
						  emissions are not quantifiable or for which there are no replicable procedures
						  to enforce the emissions trades. The permit shall also require compliance with
						  applicable requirements.
(1) The facility
						  shall provide 7 days written notice to the Department of the proposed
						  trade.
(2) In addition to the
						  information contained in subsection (b), the notice shall also state how the
						  increases and decreases in emissions will comply with the terms and conditions
						  of the permit.