Section 145.84. Opt-in process

The Department will issue or deny a NO_x budget opt-in approval for a unit for which an application for a NO_x budget opt-in approval under § 145.83 (relating to applying for a NO_x 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 NO_x 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 NO_x 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 NO_x 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 NO_x emissions or emissions-related requirements. Solely for purposes of applying this requirement, the unit shall be treated as a NO_x budget unit prior to issuance of a NO_x 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 NO_x emissions rate shall be calculated as the unit’s total NO_x 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 NO_x emissions rate for the unit under paragraph (3), the Department will propose approval of the application.

(5) Issuance of NO_x budget opt-in approval. The Department will issue the NO_x 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 NO_x budget opt-in approval for the unit, the Department determines that the unit does not qualify as a NO_x budget opt-in source under § 145.80 (relating to applicability for opt-in sources), the Department will issue a denial of a NO_x budget opt-in approval for the unit.

(7) Withdrawal of application for a NO_x budget opt-in approval. A NO_x authorized account representative of a unit may withdraw its application for a NO_x budget opt-in approval under § 145.83 at any time prior to the issuance of the final NO_x budget opt-in approval. Once the application for a NO_x budget opt-in approval is withdrawn, a NO_x authorized account representative wanting to reapply shall submit a new application for a NO_x budget opt-in approval under § 145.83.

(8) Effective date. The effective date of the initial NO_x budget opt-in approval is May 1 of the first control period starting after the issuance of the initial NO_x budget opt-in approval by the Department. The unit shall be a NO_x budget opt-in source and a NO_x budget unit as of the effective date of the initial NO_x budget opt-in approval.

Notation

Cross References

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 NO_x 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 NO_x 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 NO_x allowance allocations to opt-in units).