25 Pa. Code § 145.6 - Standard requirements
(a)
Monitoring requirements.
(b)
NOx
requirements.
(1) The owners and
operators of each NOx budget source and each
NOx budget unit at the source shall hold
NOx allowances available for compliance deductions under
§
145.54 (relating to compliance),
as of the NOx allowance transfer deadline, in the unit's
compliance account and the source's overdraft account in an amount not less
than the total NOx 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 NOx 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 NOx Budget Trading
Program, or a change in regulatory status, of a NOx
budget opt-in unit under §
145.86 or §
145.87 (relating to opt-in source
withdrawal from NOx Budget Trading Program; and opt-in
source change in regulatory status).
(2) Each ton of NOx
emitted in excess of the NOx budget emissions limitation
shall constitute a separate violation of this subchapter and the act.
(3) A NOx 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) NOx allowances
shall be held in, deducted from or transferred among NOx
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 NOx allowance
may not be deducted, to comply with paragraph (1), for a control period in a
year prior to the year for which the NOx allowance was
allocated.
(6) A
NOx allowance allocated by the Department under the
NOx Budget Trading Program is a limited authorization to
emit 1 ton of NOx in accordance with the
NOx Budget Trading Program. No provision of the
NOx 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
NOx allowance allocated by the Department under the
NOx Budget Trading Program does not constitute a
property right.
(c)
Excess emissions. The owners and operators of a
NOx budget unit that has excess emissions in any control
period shall do the following:
(1) Surrender
the NOx 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 NOx budget source and each
NOx budget unit at the source shall maintain at a
central location and provide upon request by the Department or the
NOx 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 NOx authorized account
representative for the source and each NOx 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
NOx 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
NOx Budget Trading Program.
(iv) Copies of the documents used to complete
any submission under the NOx Budget Trading Program or
to demonstrate compliance with the NOx Budget Trading
Program.
(e)
Liability.
(1) A permit revision may not excuse any
violation of the requirements of the NOx Budget Trading
Program that occurs prior to the date that the revision takes effect.
(2) Each NOx budget
source and each NOx budget unit shall meet the
requirements of the NOx Budget Trading
Program.
(3) Any provision of the
NOx Budget Trading Program that applies to a
NOx budget source (including a provision applicable to
the NOx authorized account representative of a
NOx budget source) shall also apply to the owners and
operators of the source and of the NOx budget units at
the source.
(4) Any provision of
the NOx Budget Trading Program that applies to a
NOx budget unit (including a provision applicable to the
NOx authorized account representative of a
NOx 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 NOx authorized account representative of one
NOx budget unit is not liable for any violation by any
other NOx budget unit of which they are not owners or
operators or the NOx authorized account representative
and that is located at a source of which they are not owners or operators or
the NOx authorized account
representative.
(f)
Effect on other authorities. No provision of the
NOx 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
NOx authorized account representative of a
NOx budget source or NOx budget
unit from compliance with any other provision of the regulations promulgated
under the CAA or the act.
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