Current through Register Vol. 48, No. 38, September 20, 2024
All budget units subject to the requirements of this Subpart
must comply with the following:
a) The
requirements of this Subpart and 40 CFR 96, excluding
40
CFR 96.4(b),
96.55(c)
and subparts C, E, and I, as incorporated by reference in Section
217.104
of this Part. To the extent that this Subpart contains provisions which are
inconsistent with any provisions of 40 CFR 96, the owner or operator of budget
units subject to this Subpart shall comply with the provisions of this Subpart
in lieu of those provisions which were incorporated by reference.
b) Budget permit requirements:
1) The owner or operator of each source with
one or more budget units at the source subject to this Subpart must submit a
complete permit application for a budget permit in accordance with the
provisions of Section
217.458(a)(4), (a)(5) or
(a)(6), as applicable, to be issued by the
Agency with federally enforceable conditions covering the
NOx Trading Program (budget permit), and that complies
with the requirements of Section
217.458
of this Subpart.
2) The owner or
operator of one or more budget units subject to this Subpart must operate each
such budget unit in compliance with such budget permit or complete budget
permit application, as applicable.
3) The owner or operator of one or more
budget units subject to this Subpart, at the time of filing an application for
a permit under this Section, must submit a complete application for either a
permit incorporating a source-wide overdraft account (as such term is defined
in 40 CFR 96.2) , or a
permit incorporating unit specific compliance accounts for each budget unit at
the source subject to this Subpart. Such election shall be at the sole
discretion of the owner or operator of the source and the Agency shall
incorporate such election into a permit issued to the source pursuant to this
Subpart.
c) Monitoring
requirements:
1) For budget units subject to
the requirements of this Subpart, and which commence operation on and after
January 1, 2000, the owner or operator of each such budget unit at the source
must comply with the monitoring requirements of 40 CFR 96, subpart H. The
account representative of each such budget unit at the source shall comply with
those sections of the monitoring requirements of 40 CFR 96, subpart H,
applicable to an account representative.
2) The compliance of each budget unit subject
to the requirements of subsection (c)(1) or subsection (c)(3)(A) of this
Section with the control period NOx emissions limitation
under subsection (d) of this Section shall be determined by the emissions
measurements recorded and reported in accordance with 40 CFR 96, subpart
H.
3) For budget units which
commenced operation prior to January 1, 2000:
A) The owner or operator of each such budget
unit at the source must comply with the requirements of 40 CFR 96, subpart H;
or
B) If the monitoring
requirements of 40 CFR 96, subpart H, are demonstrated by the source to be
technically infeasible as applied to a budget unit subject to the requirements
of this Subpart, the owner or operator of such budget unit may monitor by an
alternative monitoring procedure for the budget unit approved by the Agency and
the Administrator of USEPA pursuant to the provisions of 40 CFR 75, subpart E.
Such alternative monitoring procedures must be contained as federally
enforceable conditions in the unit's permit.
4) The compliance of each budget unit subject
to the requirements of subsection (c)(3)(B) of this Section shall be determined
by the emissions measurements recorded and reported in accordance with the
federally enforceable conditions in the budget unit's permit addressing
monitoring as required by subsection (c)(3)(B) of this Section.
d) Allowance requirements:
1) As of November 30 of each year, the
allowance transfer deadline, the account representative of each source subject
to the requirements of this Subpart must hold allowances available for
compliance deductions under
40
CFR 96.54 for each budget unit at the source
subject to this Subpart in the budget unit's compliance accounts, or the
source's overdraft account. The number of allowances held in these accounts
shall not be less than the total NOx emissions for the
control period (rounded to the nearest whole ton), as determined in accordance
with subsection (c) of this Section, plus any number of allowances necessary to
account for actual utilization (e.g., for testing, start-up, malfunction, and
shut down) under
40 CFR
96.42(e) for all budget
units at the source subject to this Subpart. Compliance with this provision
shall be demonstrated if, as of the allowance transfer deadline, the sum of the
allowances available for compliance deductions for all budget units at the
source subject to this Subpart is equal to or greater than the total
NOx emissions (rounded to the nearest whole ton) from
all budget units at the source subject to this Subpart.
2) Allowances shall be held in, deducted
from, or transferred among allowance accounts in accordance with this Subpart
and 40 CFR 96, subparts F and G.
3)
Each ton of NOx emitted by a source with one or more
budget units subject to this Subpart in any control period in excess of the
NOx allowances held by the owner or operator for each
budget unit at the source subject to this Subpart for each control period shall
constitute a separate violation of this Subpart and the Act.
4) In order to comply with the requirements
of subsection (d)(1) of this Section, an allowance may not be utilized for a
control period in a year prior to the year for which the allowance was
allocated.
5) An allowance
allocated by the Agency or USEPA under the NOx Trading
Program is a limited authorization to emit one ton of
NOx. No provision of the NOx
Trading Program, any permit issued or permit application submitted pursuant to
this Subpart, or an exemption under
40 CFR
96.5 and no provision of law shall be
construed to limit the authority of the United States or the State to terminate
or limit this authorization.
6) An
allowance allocated by the Agency or USEPA under the NOx
Trading Program or pursuant to this Subpart does not constitute a property
right.
7) Upon recordation by USEPA
under 40 CFR 96, subpart F or G, every allocation, transfer, or deduction of an
allowance to or from a budget unit's compliance account or to or from the
source's general or overdraft account where the budget unit is located is
deemed to amend automatically and become a part of any budget permit of the
budget unit. This automatic amendment of the budget permit shall occur by
operation of law and will not require any further review.
e) Recordkeeping and reporting requirements:
1) Unless otherwise provided, the owner or
operator of a source subject to the requirements of this Subpart must keep at
the source each of the documents listed in subsections (e)(1)(A) through
(e)(1)(D) of this Section for a period of 5 years from the date the document is
created. This period may be extended for cause at any time prior to the end of
5 years in writing by the Agency or USEPA.
A)
The account certificate of representation for the account representative for
the source and each budget unit at the source subject to the requirements of
this Subpart and all documents that demonstrate the truth of the statements in
the account certificate of representation, in accordance with
40 CFR
96.13, provided that the certificate and such
supporting documents must be retained on site at the source beyond such
five-year period until such documents are superseded because of the submission
of a new account certificate of representation changing the account
representative.
B) All emissions
monitoring information, in accordance with subsection (c) of this Section,
provided that to the extent that 40 CFR 96, subpart H, provides for a
three-year period for recordkeeping, the three-year period shall
apply.
C) Copies of all reports and
other submissions and all records made or required under this Subpart or
documents necessary to demonstrate compliance with the requirements of this
Subpart.
D) Copies of all documents
and any other submission under this Subpart.
2) The account representative of a source and
each budget unit at the source subject to the requirements of this Subpart must
submit to the Agency and USEPA the reports required under this Subpart,
including those under 40 CFR 96, subpart H.
f) Liability:
1) No revision of a budget permit shall
excuse any violation of the requirements of the NOx
Trading Program or this Subpart that occurs prior to the date that the revision
under such budget permit takes effect.
2) Each budget source and each budget unit at
the source shall meet the requirements of the NOx
Trading Program.
3) Any provision
of this Subpart or the NOx Trading Program that applies
to a source subject to the requirements of this Subpart (including a provision
applicable to the account representative of the source) shall also apply to the
owner and operator of such source and to the owner and operator of the budget
units subject to the requirements of this Subpart at the source.
4) Any provision of this Subpart or the
NOx Trading Program that applies to a budget unit
subject to the requirements of this Subpart (including a provision applicable
to the account representative of such budget unit) shall also apply to the
owner and operator of such budget unit. Except with regard to the requirements
applicable to budget units with a common stack under 40 CFR 96, subpart H, the
owner and operator and the account representative of one budget unit shall not
be liable for any violation by any other budget unit of which they are not an
owner or operator or the account representative and that is located at a source
of which they are not an owner or operator or the account
representative.
5) Excess emissions
requirements: The account representative of a source that has excess emissions
in any control period shall surrender the allowances as required for deduction
under 40 CFR
96.54(d)(1).
6) The owner or operator of a budget EGU that
has excess emissions in any control period shall pay any fine, penalty, or
assessment or comply with any other remedy imposed under
40
CFR 96.54(d)(3) and the
Act.
g) Effect on other
authorities: No provision of this Subpart, the NOx
Trading Program, a budget permit application, a budget permit, or a retired
budget unit exemption under
40 CFR
96.5 shall be construed as exempting or
excluding the owner or operator and, to the extent applicable, the account
representative of a source or budget unit from compliance with any other
regulations promulgated under the CAA, the Act, an approved State
implementation plan, or a federally enforceable permit.