§ 145.88. NOx allowance allocations to opt-in units.
(a) NOx allowance allocation.
(1) By April 1 immediately before the first control period for which the NOx budget opt-in approval is effective, the Department will allocate NOx allowances to the NOx budget opt-in unit and submit to the NOx Allowance Tracking System the allocation for the control period in accordance with subsection (b).
(2) By no later than April 1, after the first control period for which the NOx budget opt-in approval is in effect, and April 1 of each year thereafter, the Department will allocate NOx allowances to the NOx budget opt-in unit, and submit to the NOx Allowance Tracking System allocations for the next control period, in accordance with subsection (b).
(3) The Department will publish in the Pennsylvania Bulletin each determination of NOx allowance allocations under paragraphs (1) and (2) and will provide an opportunity for submission of objections to the determination. Objections shall be limited to addressing whether the determination is in accordance with subsection (b). Based on objections, the Department will adjust each determination to the extent necessary to ensure that it is in accordance with subsection (b).
(b) Allocation procedures. For each control period for which the NOx budget opt-in unit has an approved NOx budget opt-in approval, the NOx budget opt-in unit will be allocated NOx allowances in accordance with the following procedures:
(1) The heat input (in mmBtu) used for calculating NOx allowance allocations will be the lesser of one of the following:
(i) The NOx budget opt-in unit’s baseline heat input determined under § 145.84(c) (relating to opt-in process).
(ii) The NOx budget opt-in unit’s heat input, as determined in accordance with § § 145.70—145.76 (relating to recordkeeping and reporting requirements), for the control period in the year prior to the year of the control period for which the NOx allocations are being calculated.
(2) The Department will allocate NOx allowances to the NOx budget opt-in unit in an amount equaling the heat input (in mmBtu) determined under paragraph (1) multiplied by the lesser of one of the following:
(i) The NOx budget opt-in unit’s baseline NOx emissions rate (in lb/mmBtu) determined under § 145.84(c) divided by 2,000 lb/ton, and rounded to the nearest whole number of NOx allowances as appropriate.
(ii) The most stringent State or Federal NOx emissions limitation applicable to the NOx budget opt-in unit during the control period divided by 2,000 lb/ton, and rounded to the nearest whole number of NOx allowances as appropriate.
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 § 145.53 (relating to recordation of NOx allowance allocations); 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 § 145.86 (relating to opt-in source withdrawal from NOx Budget Trading Program); and 25 Pa. Code § 145.87 (relating to opt-in unit change in regulatory status).
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