§ 145.86. Opt-in source withdrawal from NOx Budget Trading Program.
(a) Requesting withdrawal. To withdraw from the NOx Budget Trading Program, the NOx authorized account representative of a NOx 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 NOx budget opt-in source covered by a request under subsection (a) may withdraw from the NOx Budget Trading Program and the NOx 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 NOx 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 NOx budget opt-in unit has excess emissions for the control period immediately before the withdrawal is to be effective, the NOx Budget Administrator will deduct or have deducted from the NOx budget opt-in unit’s compliance account, or the overdraft account of the NOx budget source where the NOx 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 NOx Budget Administrator will deduct from the NOx budget opt-in unit’s compliance account, or the overdraft account of the NOx budget source where the NOx budget opt-in unit is located, NOx allowances equal in number to and allocated for the same or a prior control period as any NOx allowances allocated to that source under § 145.88 (relating to NOx allowance allocations to opt-in units) for any control period for which the withdrawal is to be effective. The NOx Budget Administrator will close the NOx 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 NOx budget opt-in unit.
(c) Withdrawal from program. A NOx budget opt-in unit that withdraws from the NOx Budget Trading Program shall comply with the requirements under the NOx Budget Trading Program concerning all years for which the NOx budget opt-in unit was a NOx 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 NOx allowances required), the Department will issue a notification to the NOx authorized account representative of the NOx budget opt-in unit of the acceptance of the withdrawal of the NOx 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 NOx authorized account representative of the NOx budget opt-in unit that the NOx budget opt-in unit’s request to withdraw is denied. If the NOx budget opt-in unit’s request to withdraw is denied, the NOx budget opt-in unit shall remain subject to the requirements for a NOx 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 NOx budget opt-in approval covering the NOx budget opt-in unit to terminate the NOx budget opt-in approval as of the effective date specified under subsection (d)(1). A NOx budget opt-in unit shall continue to be a NOx 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 NOx budget opt-in source’s request to withdraw, the NOx authorized account representative may submit another request to withdraw in accordance with subsections (a) and (b).
(g) Ability to return to the NOx Budget Trading Program. Once a NOx budget opt-in unit withdraws from the NOx Budget Trading Program and its NOx budget opt-in approval is terminated under this section, the NOx authorized account representative may not submit another application for a NOx budget opt-in approval under § 145.83 (relating to applying for a NOx budget opt-in approval) for the unit prior to the date that is 4 years after the date on which the terminated NOx budget opt-in approval became effective.
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); and 25 Pa. Code § 145.83 (relating to applying for a NOx budget opt-in approval).
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