Section 145.86. Opt-in source withdrawal from NO x Budget Trading Program

(a) Requesting withdrawal. To withdraw from the NO_x Budget Trading Program, the NO_x authorized account representative of a NO_x budget opt-in unit shall submit to the Department a request to withdraw effective as of a specified date prior to May 1 or after September 30. The submission shall be made no later than 90 days prior to the requested effective date of withdrawal.

(b) Conditions for withdrawal. Before a NO_x budget opt-in source covered by a request under subsection (a) may withdraw from the NO_x Budget Trading Program and the NO_x budget opt-in approval may be terminated under subsection (e), the following conditions shall be met:

(1) For the control period immediately before the withdrawal is to be effective, the NO_x authorized account representative shall submit or shall have submitted to the Department an annual compliance certification report in accordance with § 145.30 (relating to compliance certification report).

(2) If the NO_x budget opt-in unit has excess emissions for the control period immediately before the withdrawal is to be effective, the NO_x Budget Administrator will deduct or have deducted from the NO_x budget opt-in unit’s compliance account, or the overdraft account of the NO_x budget source where the NO_x budget opt-in unit is located, the full amount required under § 145.54(d) (relating to compliance) for the control period.

(3) After the requirements for withdrawal under paragraphs (1) and (2) are met, the NO_x Budget Administrator will deduct from the NO_x budget opt-in unit’s compliance account, or the overdraft account of the NO_x budget source where the NO_x budget opt-in unit is located, NO_x allowances equal in number to and allocated for the same or a prior control period as any NO_x allowances allocated to that source under § 145.88 (relating to NO_x allowance allocations to opt-in units) for any control period for which the withdrawal is to be effective. The NO_x Budget Administrator will close the NO_x budget opt-in unit’s compliance account and transfer any remaining allowances to a new general account specified by the owners and operators of the NO_x budget opt-in unit.

(c) Withdrawal from program. A NO_x budget opt-in unit that withdraws from the NO_x Budget Trading Program shall comply with the requirements under the NO_x Budget Trading Program concerning all years for which the NO_x budget opt-in unit was a NO_x budget opt-in unit, even if the requirements arise or must be complied with after the withdrawal takes effect.

(d) Notification.

(1) After the requirements for withdrawal under subsections (a) and (b) are met (including deduction of the full amount of NO_x allowances required), the Department will issue a notification to the NO_x authorized account representative of the NO_x budget opt-in unit of the acceptance of the withdrawal of the NO_x budget opt-in unit as of a specified effective date that is after the requirements have been met and that is prior to May 1 or after September 30.

(2) If the requirements for withdrawal under subsections (a) and (b) are not met, the Department will issue a notification to the NO_x authorized account representative of the NO_x budget opt-in unit that the NO_x budget opt-in unit’s request to withdraw is denied. If the NO_x budget opt-in unit’s request to withdraw is denied, the NO_x budget opt-in unit shall remain subject to the requirements for a NO_x budget opt-in unit.

(e) Approval amendment. After the Department issues a notification under subsection (d)(1) that the requirements for withdrawal have been met, the Department will revise the NO_x budget opt-in approval covering the NO_x budget opt-in unit to terminate the NO_x budget opt-in approval as of the effective date specified under subsection (d)(1). A NO_x budget opt-in unit shall continue to be a NO_x budget opt-in unit until the effective date of the termination.

(f) Reapplication upon failure to meet conditions of withdrawal. If the Department denies the NO_x budget opt-in source’s request to withdraw, the NO_x authorized account representative may submit another request to withdraw in accordance with subsections (a) and (b).

(g) Ability to return to the NO_x Budget Trading Program. Once a NO_x budget opt-in unit withdraws from the NO_x Budget Trading Program and its NO_x budget opt-in approval is terminated under this section, the NO_x authorized account representative may not submit another application for a NO_x budget opt-in approval under § 145.83 (relating to applying for a NO_x budget opt-in approval) for the unit prior to the date that is 4 years after the date on which the terminated NO_x budget opt-in approval became effective.

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); and 25 Pa. Code § 145.83 (relating to applying for a NO_x budget opt-in approval).