§ 123.110. Source compliance requirements.
(a) Each year from November 1 through December 31, inclusive, the authorized account representative shall request the NOx budget administrator to deduct, consistent with § 123.107 (relating to NOx allowance transfer procedures) a designated amount of NOx allowances by serial number, from the NOx affected sources compliance account in an amount equivalent to the NOx emitted from the NOx affected source during that years NOx allowance control period in accordance with the following:
(1) Allowances allocated for the current NOx control period may be used without restriction.
(2) Allowances allocated for future NOx control periods may not be used.
(3) NOx allowances which were allocated for any preceding NOx allowance control period which were not used (banked) may be used in the current control period even if this may result in an unlimited exceedance of the NOx budget. Banked allowances shall be deducted against emissions in accordance with a ratio of NOx allowances to emissions as specified by the NOx budget administrator as follows:
(i) If the total NOx allowances remaining in the NATS for all sources for preceding NOx allowance control periods are less than or equal to 10% of the total NOx allowances allocated for that NOx allowance control period, the ratio is 1:1.
(ii) If the total NOx allowances remaining in the NATS for all sources for preceding NOx allowance control periods are greater than 10% of the NOx allowances allocated for that NOx allowance control period, the ratio is 2:1 for the portion of banked allowances used for compliance from an account which are in excess of the amount calculated by multiplying the total allowances banked in the account times the PFC (progressive flow control).
(b) If, by the December 31 compliance deadline, the authorized account representative either makes no NOx allowance deduction request, or a NOx allowance deduction request insufficient to meet the requirements of subsection (a), the NOx budget administrator may deduct the necessary number of NOx allowances from the NOx affected sources compliance account. The NOx budget administrator shall provide written notice to the authorized account representative that NOx allowances were deducted from the sources account. If the necessary number of NOx allowances is available, the source will be in compliance after the NOx allowance deduction is completed. If there is an insufficient number of NOx allowances available for NOx allowance deduction, § 123.111 (relating to failure to meet source compliance requirements) applies.
(c) For each NOx allowance control period, the authorized account representative for the NOx affected source shall submit an annual compliance certification to the Department.
(d) The compliance certification shall be submitted no later than the NOx allowance transfer deadline (December 31) of each year.
(e) The compliance certification shall contain, at a minimum, the following:
(1) An identification of the NOx affected source, including the name, address, the name of the authorized account representative and the NATS account number.
(2) A statement indicating whether or not emissions data has been submitted to the NETS in accordance with § 123.108 (relating to source emissions monitoring requirements).
(3) A statement indicating whether or not the NOx affected source held sufficient NOx allowances, as determined in subsection (a), in its compliance account for the NOx allowance control period, as of the NOx allowance transfer deadline, to equal or exceed the NOx affected sources actual emissions and the emissions reported to the NETS for the NOx allowance control period.
(4) A statement indicating whether or not the monitoring plan which governs the NOx affected source was followed when monitoring the actual operation of the NOx affected source.
(5) A statement indicating that all emissions from the NOx affected source were accounted for, either through the applicable monitoring or through application of the appropriate missing data procedures.
(6) A statement indicating whether there were any changes in the method of operation of the NOx affected source or the method of monitoring of the NOx affected source during the current year.
(f) The Department may verify compliance by whatever means necessary, including one or more of the following:
(1) Inspection of facility operating records.
(2) Obtaining information on NOx allowance deduction and transfers from the NATS.
(3) Obtaining information on emissions from the NETS.
(4) Testing emission monitoring devices.
(5) Requiring the NOx affected source to conduct emissions testing in accordance with Chapter 139 (relating to sampling and testing).
The provisions of this § 123.110 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.
This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.102 (relating to source NOx allowance requirements and NOx allowance control period); 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 § 123.117 (relating to new NOx affected source 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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