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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

25 Pa. Code § 123.117. New NO<SUB>x</SUB> affected source provisions.

§ 123.117. New NOx affected source provisions.

 (a)  NOx allowances may not be created for new NOx affected sources. New NOx affected sources are sources which are not listed in §  123.115 (relating to initial NOx allowance NOx allocations). The owner or operator of a new NOx affected source shall establish a compliance account prior to the commencement of operations and is responsible to acquire any required NOx allowances from those available in the NATS.

 (b)  Newly discovered NOx affected sources not included in Appendix A which operated at any time between May 1 and September 30, 1990, shall comply with § §  123.101—123.116, 123.118—123.120 and this section (relating to NOx allowance requirements) within 1-calendar year from the date of discovery. For those sources which notify the Department by April 1, 1998, the Department will petition the OTC to include the emissions in the NOx MOU Budget and provide NOx allowances to the source using the historical May 1 to September 30, 1990, emissions reduced as specified in §  123.119(a)(4)(ii) (relating to bonus NOx allowance awards).


   The provisions of this §  123.117 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

Cross References

   This section cited in 25 Pa. Code §  123.101 (relating to purpose); 25 Pa. Code §  123.103 (relating to general NOx allowance provisions); 25 Pa. Code §  123.108 (relating to source emissions monitoring requirements); 25 Pa. Code §  123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code §  123.112 (relating to source operating permit provision requirements); 25 Pa. Code §  123.113 (relating to source recordkeeping requirements); 25 Pa. Code §  123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code §  123.116 (relating to source opt-in provisions); 25 Pa. Code §  123.118 (relating to emission reduction credit provisions); 25 Pa. Code §  123.120 (relating to audit); 25 Pa. Code §  123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code §  145.43 (relating to compliance supplement pool).

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