§ 123.120. Audit.

 (a)  The Department will complete an audit of the program established by § §  123.101—123.119 and this section (relating to NOx allowance requirements) prior to May 1, 2002, and at a minimum every 3 years thereafter. The audit shall include the following:

   (1)  The resulting geographic distribution of emissions as well as the hourly, daily and running average emission totals shall be examined in the context of ozone control requirements. This analysis shall be used in making a determination as to whether the zonal, seasonal and interseasonal trading and banking provisions of the rule require modification to ensure the reductions are as effective as daily emission limits on all sources would be at reducing ozone.

   (2)  Confirmation of emissions reporting accuracy through validation of NOx allowance CEMS and data acquisition systems at the NOx affected source.

   (3)  If emissions in excess of the NOx allowances allocated occurred in any NOx allowance control period, as a result of banking provisions, a determination whether or not the NOx allowance banking provisions require modification or deletion.

   (4)  NOx allowance banking privileges will be examined to determine whether they adversely influenced market availability and price of NOx allowances or created unfair competitive advantages and if so, recommend amendments to rectify these problems.

   (5)  An assessment of whether the program is providing the level of emission reductions included in the current SIP.

 (b)  In addition to the Department audit, the Department may seek a third party audit of the program. The third party audit can be implemented on a state by state basis or can be performed on a region-wide basis under the supervision of the Ozone Transport Commission.

 (c)  The Department will propose regulation revisions consistent with the audit results within 6 months of the completion of the audit.

Source

   The provisions of this §  123.120 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

Cross References

   This section cited in 25 Pa. Code §  123.101 (relating to purpose); 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); and 25 Pa. Code §  145.43 (relating to compliance supplement pool).



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