§ 123.209. Petition process.

 (a)  Each calendar year beginning January 1, 2010, the owner or operator of either a new EGU or an existing affected EGU that emits amounts of mercury in excess of the maximum number of annual nontradable mercury allowances set aside in accordance with §  123.207 (relating to annual emission limitations for coal-fired EGUs) or a standby affected EGU that is ready for normal operation may petition the Department, in writing, for supplemental annual nontradable mercury allowances to be set aside for the owner or operator from the annual emission limitation supplement pool established under §  123.208(a) (relating to annual emission limitation supplement pool).

 (b)  The owner or operator shall submit a separate petition for each calendar year for which the owner or operator requests supplemental annual nontradable mercury allowances to be set aside from the annual emission limitation supplement pool.

 (c)  The owner or operator with more than one affected EGU shall submit a separate petition for each EGU for which the owner or operator requests supplemental annual nontradable mercury allowances to be set aside from the annual emission limitation supplement pool.

 (d)  The owner or operator of the existing affected EGU shall submit the petition to the Department by January 31 of the year following the calendar year for which the supplemental annual nontradable mercury allowances are requested to be set aside.

 (e)  The owner or operator of the standby affected EGU shall submit the petition to the Department no later than 120 days before the date of anticipated start-up of the EGU.

 (f)  The petition must include the following:

   (1)  A brief description, including make, model and location of each affected EGU.

   (2)  A list of all air pollution control technologies and measures that have been installed on each affected EGU and are operating to control emissions of air contaminants, including mercury.

   (3)  For each of the technologies and measures listed in accordance with paragraph (2), the date of installation and original commencement of operation.

   (4)  For each of the technologies and measures listed in accordance with paragraph (2), an explanation of how the mercury control technology or measure as installed has been optimized for the maximum mercury emission reduction.

   (5)  The results of each mercury stack test and other emissions measurements for the affected EGU following installation and commencement of operation of the air pollution control technologies and measures listed in accordance with paragraph (2).

   (6)  A list of other air pollution control technologies or measures that the owner or operator proposes to install and operate on each affected EGU to control emissions of air contaminants, including mercury.

   (7)  A summary of how the owner or operator of the affected EGU intends to operate and maintain the EGU during the term of the approved plan approval or operating permit, or both, including the associated air pollution control equipment and measures that are designed to maintain compliance with all other applicable plan approval or operating permit requirements and that are designed and operated to minimize the emissions of mercury to the extent practicable.

 (g)  Each calendar year beginning January 1, 2010, the Department may allocate supplemental annual nontradable mercury allowances from the annual emission limitation supplement pool established under §  123.208(a) for the owners or operators of new and existing affected EGUs. If a petition is approved by the Department in accordance with the requirements of this section, the allowances will be distributed to the following:

   (1)  Each owner or operator of a standby unit as defined under §  123.202 (relating to definitions) which meets the requirements of this section and § §  123.205—123.208 and 123.210—123.215.

   (2)  Each owner or operator of an EGU that enters into an enforceable agreement with the Department by December 31, 2007, for the shut down and replacement of the unit with IGCC technology by December 31, 2012.

   (3)  Each owner or operator of a new EGU.

   (4)  Each owner or operator of an existing affected EGU based on the performance of the air pollution control technologies and measures that have been installed and are operating to control mercury emissions.

 (h)  If the petition for supplemental annual nontradable mercury allowances is approved by the Department, the supplemental annual nontradable mercury allowances set aside for the owner or operator of the existing affected EGU will be added to the maximum number of annual nontradable mercury allowances set aside for the owner or operator of the EGU in accordance with §  123.207 only for the calendar year of the request.

 (i)  The Department’s approval of supplemental annual nontradable mercury allowances will be based on the information provided in the petition submitted by the owner or operator of an EGU in accordance with subsection (f).

 (j)  The supplemental annual nontradable mercury allowances set aside under subsection (h) may not be added to the maximum number of annual nontradable mercury allowances set aside for the owner or operator of the EGU for subsequent years.

   The provisions of this §  123.209 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. §  4005(a)(1)).

   The provisions of this §  123.209 adopted February 16, 2007, effective February 17, 2007, 37 Pa.B. 883.

   This section cited in 25 Pa. Code §  123.201 (relating to purpose); 25 Pa. Code §  123.202 (relating to definitions); 25 Pa. Code §  123.203 (relating to applicability); 25 Pa. Code §  123.205 (relating to emission standards for coal-fired EGUs); 25 Pa. Code §  123.206 (relating to compliance requirements for the emission standards for coal-fired EGUs); 25 Pa. Code §  123.207 (relating to annual emission limitations for coal-fired EGUs); 25 Pa. Code §  123.210 (relating to general monitoring and reporting requirements); 25 Pa. Code §  123.214 (relating to coal sampling and analysis for input mercury levels); and 25 Pa. Code §  123.215 (relating to recordkeeping and reporting).