Section 145.6. Standard requirements

(a) Monitoring requirements.

(1) The owners and operators and the NO_x authorized account representative of each NO_x budget source and each NO_x budget unit at the source shall comply with the monitoring requirements of § § 145.70—145.76 (relating to recordkeeping and recording requirements).

(2) The emissions measurements recorded and reported in accordance with § § 145.70—145.76 shall be used to determine compliance by the unit with the NO_x budget emissions limitation under subsection (c).

(b) NO_x requirements.

(1) The owners and operators of each NO_x budget source and each NO_x budget unit at the source shall hold NO_x allowances available for compliance deductions under § 145.54 (relating to compliance), as of the NO_x allowance transfer deadline, in the unit’s compliance account and the source’s overdraft account in an amount not less than the total NO_x emissions for the control period from the unit, as determined in accordance with § § 145.70—145.76 plus any amount necessary to account for actual heat input under § 145.42(e) (relating to NO_x allowance allocations) for the control period or to account for excess emissions for a prior control period under § 145.54(d) or to account for withdrawal from the NO_x Budget Trading Program, or a change in regulatory status, of a NO_x budget opt-in unit under § 145.86 or § 145.87 (relating to opt-in source withdrawal from NO_x Budget Trading Program; and opt-in source change in regulatory status).

(2) Each ton of NO_x emitted in excess of the NO_x budget emissions limitation shall constitute a separate violation of this subchapter and the act.

(3) A NO_x budget unit shall be subject to paragraph (1) starting on May 1, 2003, or the date on which the unit commences operation, whichever is later.

(4) NO_x allowances shall be held in, deducted from or transferred among NO_x Allowance Tracking System accounts in accordance with § § 145.40—145.43, 145.50—145.57, 145.60—145.62 and 145.80—145.88.

(5) A NO_x allowance may not be deducted, to comply with paragraph (1), for a control period in a year prior to the year for which the NO_x allowance was allocated.

(6) A NO_x allowance allocated by the Department under the NO_x Budget Trading Program is a limited authorization to emit 1 ton of NO_x in accordance with the NO_x Budget Trading Program. No provision of the NO_x Budget Trading Program or an exemption under § 145.4(b) or § 145.5 (relating to applicability; and retired unit exemption) and no provision of law limit the authority of the United States or the Department to terminate or limit the authorization.

(7) A NO_x allowance allocated by the Department under the NO_x Budget Trading Program does not constitute a property right.

(c) Excess emissions. The owners and operators of a NO_x budget unit that has excess emissions in any control period shall do the following:

(1) Surrender the NO_x allowances required for deduction under § 145.54(d)(1).

(2) Pay any fine, penalty or assessment or comply with any other remedy imposed under § 145.54(d)(3) or the act.

(d) Recordkeeping and reporting requirements.

(1) Unless otherwise provided, the owners and operators of the NO_x budget source and each NO_x budget unit at the source shall maintain at a central location and provide upon request by the Department or the NO_x Budget Administrator the following documents for 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the Department or the Administrator.

(i) The account certificate of representation for the NO_x authorized account representative for the source and each NO_x budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with § 145.13 (relating to account certificate of representation). The certificate and documents shall be retained beyond the 5-year period until the documents are superseded because of the submission of a new account certificate of representation changing the NO_x authorized account representative.

(ii) The emissions monitoring information, in accordance with § § 145.70—145.76. To the extent that § § 145.70—145.76 provides for a 3-year period for recordkeeping, the 3-year period applies.

(iii) Copies of all reports, compliance certifications and other submissions and all records made or required under the NO_x Budget Trading Program.

(iv) Copies of the documents used to complete any submission under the NO_x Budget Trading Program or to demonstrate compliance with the NO_x Budget Trading Program.

(2) The NO_x authorized account representative of a NO_x budget source and each NO_x budget unit at the source shall submit the reports and compliance certifications required under the NO_x Budget Trading Program, including those under § § 145.30, 145.31, 145.70—145.76 and 145.80—145.88.

(e) Liability.

(1) A permit revision may not excuse any violation of the requirements of the NO_x Budget Trading Program that occurs prior to the date that the revision takes effect.

(2) Each NO_x budget source and each NO_x budget unit shall meet the requirements of the NO_x Budget Trading Program.

(3) Any provision of the NO_x Budget Trading Program that applies to a NO_x budget source (including a provision applicable to the NO_x authorized account representative of a NO_x budget source) shall also apply to the owners and operators of the source and of the NO_x budget units at the source.

(4) Any provision of the NO_x Budget Trading Program that applies to a NO_x budget unit (including a provision applicable to the NO_x authorized account representative of a NO_x budget unit) shall also apply to the owners and operators of the unit. Except with regard to the requirements applicable to units with a common stack under § § 145.70—145.76 the owners and operators and the NO_x authorized account representative of one NO_x budget unit is not liable for any violation by any other NO_x budget unit of which they are not owners or operators or the NO_x authorized account representative and that is located at a source of which they are not owners or operators or the NO_x authorized account representative.

(f) Effect on other authorities. No provision of the NO_x Budget Trading Program or an exemption under § 145.4(b) or § 145.5 shall be construed as exempting or excluding the owners and operators and the NO_x authorized account representative of a NO_x budget source or NO_x budget unit from compliance with any other provision of the regulations promulgated under the CAA or the act.

Notation

Cross References

This section cited in 25 Pa. Code § 145.5 (relating to retired unit exemption); 25 Pa. Code § 145.81 (relating to opt-in source general provisions); and 25 Pa. Code § 145.83 (relating to applying for a NO_x budget opt-in approval).