§ 145.84. Opt-in process.
The Department will issue or deny a NOx budget opt-in approval for a unit for which an application for a NOx budget opt-in approval under § 145.83 (relating to applying for a NOx 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 NOx 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 NOx 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 NOx 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 NOx emissions or emissions-related requirements. Solely for purposes of applying this requirement, the unit shall be treated as a NOx budget unit prior to issuance of a NOx 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 NOx emissions rate shall be calculated as the unit’s total NOx 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 NOx emissions rate for the unit under paragraph (3), the Department will propose approval of the application.
(5) Issuance of NOx budget opt-in approval. The Department will issue the NOx 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 NOx budget opt-in approval for the unit, the Department determines that the unit does not qualify as a NOx budget opt-in source under § 145.80 (relating to applicability for opt-in sources), the Department will issue a denial of a NOx budget opt-in approval for the unit.
(7) Withdrawal of application for a NOx budget opt-in approval. A NOx authorized account representative of a unit may withdraw its application for a NOx budget opt-in approval under § 145.83 at any time prior to the issuance of the final NOx budget opt-in approval. Once the application for a NOx budget opt-in approval is withdrawn, a NOx authorized account representative wanting to reapply shall submit a new application for a NOx budget opt-in approval under § 145.83.
(8) Effective date. The effective date of the initial NOx budget opt-in approval is May 1 of the first control period starting after the issuance of the initial NOx budget opt-in approval by the Department. The unit shall be a NOx budget opt-in source and a NOx budget unit as of the effective date of the initial NOx budget opt-in approval.
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 NOx 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 NOx 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 NOx allowance allocations to opt-in units).
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