42 U.S.C. 7401, 7403, 7410, and 7601.
This part establishes general provisions and the applicability, permitting, allowance, excess emissions, monitoring, and opt-in provisions for the NO
The terms used in this part shall have the meanings set forth in this section as follows:
(1) Flow monitor;
(2) Nitrogen oxides pollutant concentration monitors;
(3) Diluent gas monitor (oxygen or carbon dioxide) when such monitoring is required by subpart H of this part;
(4) A continuous moisture monitor when such monitoring is required by subpart H of this part; and
(5) An automated data acquisition and handling system.
(1) The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during any year starting in 1995 or, if a unit had no heat input starting in 1995, during the last year of operation of the unit prior to 1995; or
(2) The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year; provided that the unit shall be “fossil fuel-fired” as of the date, during such year, on which the unit begins combusting fossil fuel.
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period equal to or greater than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
(1) Any holder of any portion of the legal or equitable title in a NO
(2) Any holder of a leasehold interest in a NO
(3) Any purchaser of power from a NO
(4) With respect to any general account, any person who has an ownership interest with respect to the NO
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery. Compliance with any “submission,” “service,” or “mailing” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
(1) The total electrical generation (MWe) produced by the unit, including generation for use within the plant; or
(2) In the case of a unit that uses heat input for purposes other than electrical generation, the total steam pressure (psia) produced by the unit, including steam for use by the unit.
Measurements, abbreviations, and acronyms used in this part are defined as follows:
(a) The following units in a State shall be NO
(1) Any unit that, any time on or after January 1, 1995, serves a generator with a nameplate capacity greater than 25 MWe and sells any amount of electricity; or
(2) Any unit that is not a unit under paragraph (a) of this section and that has a maximum design heat input greater than 250 mmBtu/hr.
(b) Notwithstanding paragraph (a) of this section, a unit under paragraph (a) of this section shall be subject only to the requirements of this paragraph (b) if the unit has a federally enforceable permit that meets the requirements of paragraph (b)(1) of this section and restricts the unit to burning only natural gas or fuel oil during a control period in 2003 or later and each control period thereafter and restricts the unit's operating hours during each such control period to the number of hours (determined in accordance with paragraph (b)(1)(ii) and (iii) of this section) that limits the unit's potential NO
(1) For each control period under paragraph (b) of this section, the federally enforceable permit must:
(i) Restrict the unit to burning only natural gas or fuel oil.
(ii) Restrict the unit's operating hours to the number calculated by dividing 25 tons of potential NO
(iii) Require that the unit's potential NO
(A) Select the default NO
(B) Multiply the default NO
(iv) Require that the owner or operator of the unit shall retain at the source that includes the unit, for 5 years, records demonstrating that the operating hours restriction, the fuel use restriction, and the other requirements of the permit related to these restrictions were met.
(v) Require that the owner or operator of the unit shall report the unit's hours of operation (treating any partial hour of operation as a whole hour of operation) during each control period to the permitting authority by November 1 of each year for which the unit is subject to the federally enforceable permit.
(2) The permitting authority that issues the federally enforceable permit with the fuel use restriction under paragraph (b)(1)(i) and the operating hours restriction under paragraphs (b)(1)(ii) and (iii) of this section will notify the Administrator in writing of each unit under paragraph (a) of this section whose federally enforceable permit issued by the permitting authority includes such restrictions. The permitting authority will also notify the Administrator in writing of each unit under paragraph (a) of this section whose federally enforceable permit issued by the permitting authority is revised to remove any such restriction, whose federally enforceable permit issued by the permitting authority includes any such restriction that is no longer applicable, or which does not comply with any such restriction.
(3) If, for any control period under paragraph (b) of this section, the fuel use restriction under paragraph (b)(1)(i) of this section or the operating hours restriction under paragraphs (b)(1)(ii) and (iii) of this section is removed from the unit's federally enforceable permit or otherwise becomes no longer applicable or if, for any such control period, the unit does not comply with the fuel use restriction under paragraph (b)(1)(i) of this section or the operating hours restriction under paragraphs (b)(1)(ii) and (iii) of this section, the unit shall be a NO
(a) This section applies to any NO
(b)(1) Any NO
(2) The exemption under paragraph (b)(1) of this section shall become effective the day on which the unit is permanently retired. Within 30 days of permanent retirement, the NO
(3) After receipt of the notice under paragraph (b)(2) of this section, the permitting authority will amend any permit covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (b)(1) and (c) of this section.
(c)
(2)(i) A unit exempt under this section and located at a source that is required, or but for this exemption would be required, to have a title V operating permit shall not resume operation unless the NO
(ii) A unit exempt under this section and located at a source that is required, or but for this exemption would be required, to have a non-title V permit shall not resume operation unless the NO
(3) The owners and operators and, to the extent applicable, the NO
(4) A unit that is exempt under this section is not eligible to be a NO
(5) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(6)
(A) The date on which the NO
(B) The date on which the NO
(ii) For the purpose of applying monitoring requirements under subpart H of this part, a unit that loses its exemption under this section shall be treated as a unit that commences operation or commercial operation on the first date on which the unit resumes operation.
(a)
(i) Submit to the permitting authority a complete NO
(ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a NO
(2) The owners and operators of each NO
(3) The owners and operators of a NO
(b)
(2) The emissions measurements recorded and reported in accordance with subpart H of this part shall be used to determine compliance by the unit with the NO
(c)
(2) Each ton of nitrogen oxides emitted in excess of the NO
(3) A NO
(4) NO
(5) A NO
(6) A NO
(7) A NO
(8) Upon recordation by the Administrator under subpart F, G, or I of this part, every allocation, transfer, or deduction of a NO
(d)
(i) Surrender the NO
(ii) Pay any fine, penalty, or assessment or comply with any other remedy imposed under § 96.54(d)(3).
(e)
(i) The account certificate of representation for the NO
(ii) All emissions monitoring information, in accordance with subpart H of this part; provided that to the extent that subpart H of this part provides for a 3-year period for recordkeeping, the 3-year period shall apply.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the NO
(iv) Copies of all documents used to complete a NO
(2) The NO
(f)
(2) Any person who knowingly makes a false material statement in any record, submission, or report under the NO
(3) No permit revision shall excuse any violation of the requirements of the NO
(4) Each NO
(5) Any provision of the NO
(6) Any provision of the NO
(g)
(a) Unless otherwise stated, any time period scheduled, under the NO
(b) Unless otherwise stated, any time period scheduled, under the NO
(c) Unless otherwise stated, if the final day of any time period, under the NO
(a) Except as provided under § 96.11, each NO
(b) The NO
(c) Upon receipt by the Administrator of a complete account certificate of representation under § 96.13, the NO
(d) No NO
(e)(1) Each submission under the NO
(2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a NO
(a) An account certificate of representation may designate one and only one alternate NO
(b) Upon receipt by the Administrator of a complete account certificate of representation under § 96.13, any representation, action, inaction, or submission by the alternate NO
(c) Except in this section and §§ 96.10(a), 96.12, 96.13, and 96.51, whenever the term “NO
(a)
(b) Changing the alternate NO
(c)
(2) Within 30 days following any change in the owners and operators of a NO
(a) A complete account certificate of representation for a NO
(1) Identification of the NO
(2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NO
(3) A list of the owners and operators of the NO
(4) The following certification statement by the NO
(5) The signature of the NO
(b) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the account certificate of representation shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(a) Once a complete account certificate of representation under § 96.13 has been submitted and received, the permitting authority and the Administrator will rely on the account certificate of representation unless and until a superseding complete account certificate of representation under § 96.13 is received by the Administrator.
(b) Except as provided in § 96.12(a) or (b), no objection or other communication submitted to the permitting authority or the Administrator concerning the authorization, or any representation, action, inaction, or submission of the NO
(c) Neither the permitting authority nor the Administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any NO
(a) For each NO
(1) For NO
(2) For NO
(b) Each NO
(a)
(b)(1) For NO
(i) For any source, with one or more NO
(ii) For any source, with any NO
(2) For NO
(i) For any source, with one or more NO
(ii) For any source, with any NO
(c)
(2) For a NO
A complete NO
(a) Identification of the NO
(b) Identification of each NO
(c) The standard requirements under § 96.6; and
(d) For each NO
(1) “I certify that each unit for which this permit application is submitted under subpart I of this part is not a NO
(2) If the application is for an initial NO
(a) Each NO
(b) Each NO
The initial NO
(a) May 1, 2003;
(b) May 1 of the year in which the NO
(c) The date on which the NO
(d) May 1 of the year following the year in which the NO
(a) For a NO
(b) For a NO
(a)
(b)
(1) Identification of each NO
(2) At the NO
(3) At the NO
(4) The compliance certification under paragraph (c) of this section.
(c)
(1) Whether the unit was operated in compliance with the NO
(2) Whether the monitoring plan that governs the unit has been maintained to reflect the actual operation and monitoring of the unit, and contains all information necessary to attribute NO
(3) Whether all the NO
(4) Whether the facts that form the basis for certification under subpart H of this part of each monitor at the unit or a group of units (including the unit) using a common stack, or for using an excepted monitoring method or alternative monitoring method approved under subpart H of this part, if any, has changed; and
(5) If a change is required to be reported under paragraph (c)(4) of this section, specify the nature of the change, the reason for the change, when the change occurred, and how the unit's compliance status was determined subsequent to the change, including what method was used to determine emissions when a change mandated the need for monitor recertification.
(a) The permitting authority or the Administrator may review and conduct independent audits concerning any compliance certification or any other submission under the NO
(b) The Administrator may deduct NO
The State trading program budget allocated by the permitting authority under § 96.42 for a control period will
(a) By September 30, 1999, the permitting authority will submit to the Administrator the NO
(b) By April 1, 2003 and April 1 of each year thereafter, the permitting authority will submit to the Administrator the NO
(c) By April 1, 2004 and April 1 of each year thereafter, the permitting authority will submit to the Administrator the NO
(a)(1) The heat input (in mmBtu) used for calculating NO
(i) For a NO
(ii) For a NO
(2) The unit's total heat input for the control period in each year specified under paragraph (a)(1) of this section will be determined in accordance with part 75 of this chapter if the NO
(b) For each control period under § 96.41, the permitting authority will allocate to all NO
(1) The permitting authority will allocate NO
(2) If the initial total number of NO
(c) For each control period under § 96.41, the permitting authority will allocate to all NO
(1) The permitting authority will allocate NO
(2) If the initial total number of NO
(d) For each control period under § 96.41, the permitting authority will allocate NO
(1) The permitting authority will establish one allocation set-aside for each control period. Each allocation set-aside will be allocated NO
(2) The NO
(3) In a NO
(4) In a NO
(5) The permitting authority will review, and allocate NO
(i) Upon receipt of the NO
(ii) If the allocation set-aside for the control period for which NO
(iii) If the allocation set-aside for the control period for which NO
(iv) Once an allocation set-aside for a control period has been depleted of all NO
(6) Within 60 days of receipt of a NO
(e) For a NO
(f) After making the deductions for compliance under § 96.54(b) or (e) for a control period, the Administrator will notify the permitting authority whether any NO
(a)
(b)
(a)
(1) A compliance account for each NO
(2) An overdraft account for each source for which the account certificate of representation was submitted and that has two or more NO
(b)
(i) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NO
(ii) At the option of the NO
(iii) A list of all persons subject to a binding agreement for the NO
(iv) The following certification statement by the NO
(v) The signature of the NO
(vi) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the account certificate of representation shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(2) Upon receipt by the Administrator of a complete application for a general account under paragraph (b)(1) of this section:
(i) The Administrator will establish a general account for the person or persons for whom the application is submitted.
(ii) The NO
(iii) Each submission concerning the general account shall be submitted, signed, and certified by the NO
(iv) The Administrator will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with paragraph (b)(2)(iii) of this section.
(3)(i) An application for a general account may designate one and only one NO
(ii) Upon receipt by the Administrator of a complete application for a general account under paragraph (b)(1) of this section, any representation, action, inaction, or submission by any alternate NO
(4)(i) The NO
(ii) The alternate NO
(iii)(A) In the event a new person having an ownership interest with respect to NO
(B) Within 30 days following any change in the persons having an ownership interest with respect to NO
(5)(i) Once a complete application for a general account under paragraph (b)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (b)(1) of this section is received by the Administrator.
(ii) Except as provided in paragraph (b)(4) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the NO
(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the NO
(c)
(a) Following the establishment of a NO
(b)
(a) The Administrator will record the NO
(b) Each year, after the Administrator has made all deductions from a NO
(c)
(a)
(1) Were allocated for a control period in a prior year or the same year; and
(2) Are held in the unit's compliance account, or the overdraft account of the source where the unit is located, as of the NO
(b)
(i) From the compliance account; and
(ii) Only if no more NO
(2) The Administrator will deduct NO
(i) Until the number of NO
(ii) Until no more NO
(c)(1)
(2)
(i) Those NO
(ii) Those NO
(iii) Those NO
(iv) Those NO
(d)
(2) If the compliance account or overdraft account does not contain sufficient NO
(3) Any allowance deduction required under paragraph (d) of this section shall not affect the liability of the owners and operators of the NO
(i) For purposes of determining the number of days of violation, if a NO
(ii) Each ton of excess emissions is a separate violation.
(e)
(1) The NO
(2) Notwithstanding paragraph (b)(2)(i) of this section, the Administrator will deduct NO
(f) The Administrator will record in the appropriate compliance account or overdraft account all deductions from such an account pursuant to paragraphs (b), (d), or (e) of this section.
(a) NO
(1) Any NO
(2) The Administrator will designate, as a “banked” NO
(b) Each year starting in 2004, after the Administrator has completed the designation of banked NO
(1) The Administrator will determine the total number of banked NO
(2) If the total number of banked NO
(3) If the total number of banked NO
(i) The Administrator will determine the following ratio: 0.10 multiplied by the sum of the State trading program budgets for the control period for the States in which NO
(ii) The Administrator will multiply the number of banked NO
(c) Any NO
(1) Each NO
(2) NO
(3) Each NO
(4) The NO
(i) In the early reduction credit request, the NO
(ii) The early reduction credit request must be submitted, in a format specified by the permitting authority, by October 31 of the year in which the NO
(5) The permitting authority will allocate NO
(i) Upon receipt of each early reduction credit request, the permitting authority will accept the request only if the requirements of paragraphs (c)(1), (c)(3), and (c)(4)(ii) of this section are met and, if the request is accepted, will make any necessary adjustments to the request to ensure that the amount of the early reduction credits requested meets the requirement of paragraphs (c)(2) and (4) of this section.
(ii) If the State's compliance supplement pool has an amount of NO
(iii) If the State's compliance supplement pool has a smaller amount of NO
(6) By May 1, 2003, the permitting authority will submit to the Administrator the allocations of NO
(7) NO
(8) NO
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any NO
(a) The NO
(b) If a general account shows no activity for a period of a year or more and does not contain any NO
The NO
(a) The numbers identifying both the transferor and transferee accounts;
(b) A specification by serial number of each NO
(c) The printed name and signature of the NO
(a) Within 5 business days of receiving a NO
(1) The transfer is correctly submitted under § 96.60;
(2) The transferor account includes each NO
(3) The transfer meets all other requirements of this part.
(b) A NO
(c) Where a NO
(a)
(b)
(1) A decision not to record the transfer, and (2) The reasons for such non-recordation.
(c) Nothing in this section shall preclude the submission of a NO
The owners and operators, and to the extent applicable, the NO
(a)
(1) Install all monitoring systems required under this subpart for monitoring NO
(2) Install all monitoring systems for monitoring heat input, if required under § 96.76 for developing NO
(3) Successfully complete all certification tests required under § 96.71 and meet all other provisions of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraphs (a)(1) and (2) of this section.
(4) Record, and report data from the monitoring systems under paragraphs (a)(1) and (2) of this section.
(b)
(1) NO
(2) Except for NO
(3) NO
(i) May 1, 2002; or
(ii) The earlier of:
(A) 180 days after the date on which the unit commences operation or, (B) For units under § 96.4(a)(1), 90 days after the date on which the unit commences commercial operation.
(4) NO
(i) The earlier of:
(A) 180 days after the date on which the unit commences operation or,
(B) For units under § 96.4(a)(1), 90 days after the date on which the unit commences commercial operation.
(ii) However, if the applicable deadline under paragraph (b)(4)(i) section
(5) For a NO
(i) 90 days after the date on which emissions first exit to the atmosphere through the new stack or flue;
(ii) However, if the unit reports on a control season basis under § 96.74(d) and the applicable deadline under paragraph (b)(5)(i) of this section does not occur during the control period, May 1 immediately following the applicable deadline in paragraph (b)(5)(i) of this section.
(6) For a unit for which an application for a NO
(c)
(2) The owner or operator of a NO
(d)
(2) No owner or operator of a NO
(3) No owner or operator of a NO
(4) No owner or operator of a NO
(i) During the period that the unit is covered by a retired unit exemption under § 96.5 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the permitting authority for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The NO
(a) The owner or operator of a NO
(1) If, prior to January 1, 1998, the Administrator approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO
(2) For any additional CEMS required under the common stack provisions in § 75.72 of this chapter, or for any NO
(b) The owner or operator of a NO
(1)
(2)
(3)
(ii)
(iii) Except for units using the low mass emission excepted methodology under § 75.19 of this chapter, the provisional certification date for a monitor shall be determined using the procedures set forth in § 75.20(a)(3) of this chapter. A provisionally certified monitor may be used under the NO
(iv)
(A)
(B)
(C)
(D)
(v)
(A) The owner or operator shall substitute the following values, for each hour of unit operation during the period of invalid data beginning with the
(B) The NO
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(1) For units that are reporting on an annual basis under § 96.74(d);
(i) For a unit that has commences operation before its compliance deadline under § 96.71(b), from January 1 of the year following submission of the certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for the permitting authority review; or
(ii) For a unit that commences operation after its compliance deadline under § 96.71(b), the date of submission of the certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for permitting authority review, or
(2) For units that are reporting on a control period basis under § 96.74(b)(3)(ii) of this part:
(i) For a unit that commenced operation before its compliance deadline under § 96.71(b), where the certification application is submitted before May 1, from May 1 of the year of the submission of the certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for the permitting authority review; or
(ii) For a unit that commenced operation before its compliance deadline under § 96.71(b), where the certification application is submitted after May 1, from May 1 of the year following submission of the certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for the permitting authority review; or
(iii) For a unit that commences operation after its compliance deadline under § 96.71(b), where the unit commences operation before May 1, from May 1 of the year that the unit commenced operation, until the completion of the period for the permitting authority's review.
(iv) For a unit that has not operated after its compliance deadline under § 96.71(b), where the certification application is submitted after May 1, but before October 1st, from the date of submission of a certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for the permitting authority's review.
(a) Whenever any monitoring system fails to meet the quality assurance requirements of appendix B of part 75 of this chapter, data shall be substituted using the applicable procedures in subpart D, appendix D, or appendix E of part 75 of this chapter.
(b)
The NO
(a)
(2) If the NO
(b)
(2) The owner or operator of a unit that is not subject to an Acid Rain emissions limitation shall comply with requirements of § 75.62 of this chapter, except that the monitoring plan is only required to include the information required by subpart H of part 75 of this chapter.
(c)
(d)
(1) If a unit is subject to an Acid Rain emission limitation or if the owner or operator of the NO
(i) For units that elect to comply with the early reduction credit provisions under § 96.55 of this part, the calender quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii). Data shall be reported from the date and hour corresponding to the date and hour of provisional certification; or
(ii) For units commencing operation prior to May 1, 2002 that are not required to certify monitors by May 1, 2000 under § 96.70(b)(1), the earlier of the calender quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii) or, if the certification tests are not completed by May 1, 2002, the partial calender quarter from May 1, 2002 through June 30, 2002. Data shall be recorded and reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour on May 1, 2002; or
(iii) For a unit that commences operation after May 1, 2002, the calendar quarter in which the unit commences operation, Data shall be reported from the date and hour corresponding to when the unit commenced operation.
(2) If a NO
(i) Meet all of the requirements of part 75 related to monitoring and reporting NO
(ii) Submit quarterly reports only for the periods from the earlier of May 1 or the date and hour that the owner or operator successfully completes all of the recertification tests required under § 75.74(d)(3) through September 30 of each year in accordance with the provisions of § 75.74(b) of this chapter. The NO
(
(
(
(
(
(3) The NO
(i) For units subject to an Acid Rain Emissions limitation, quarterly reports shall include all of the data and information required in subpart H of part 75 of this chapter for each NO
(ii) For units not subject to an Acid Rain Emissions limitation, quarterly reports are only required to include all of the data and information required in subpart H of part 75 of this chapter for each NO
(4)
(i) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; and
(ii) For a unit with add-on NO
(iii) For a unit that is reporting on a control period basis under § 96.74(d) the NO
(a) The NO
(1) Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent that the petition is approved by the Administrator, in consultation with the permitting authority.
(2) Notwithstanding paragraph (a)(1) of this section, if the petition requests approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of § 75.72 of this chapter, the petition is governed by paragraph (b) of this section.
(b) The NO
(1) The NO
(2) Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent the petition under paragraph (b) of this section is approved by both the permitting authority and the Administrator.
(a) The owner or operator of a unit that elects to monitor and report NO
(b) The owner or operator of a unit that monitor and report NO
A unit that is in the State, is not a NO
Except otherwise as provided in this part, a NO
A unit for which an application for a NO
(a)
(1) A complete NO
(2) A monitoring plan submitted in accordance with subpart H of this part; and
(3) A complete account certificate of representation under § 96.13, if no NO
(b)
The permitting authority will issue or deny a NO
(a)
(b) If the permitting authority determines that the unit's monitoring plan is sufficient under paragraph (a) of this section and after completion of monitoring system certification under subpart H of this part, the NO
(c) Based on the information monitored and reported under paragraph (b) of this section, the unit's baseline heat rate shall be calculated as the unit's total heat input (in mmBtu) for the control period and the unit's baseline NO
(d) After calculating the baseline heat input and the baseline NO
(e)
(f)
(g) Notwithstanding paragraphs (a) through (f) of this section, if at any time before issuance of a draft NO
(h)
(i)
(a) Each NO
(b) Each NO
(a)
(b)
(1) For the control period immediately before the withdrawal is to be effective, the NO
(2) If the NO
(3) After the requirements for withdrawal under paragraphs (b)(1) and (2) of this section are met, the Administrator will deduct from the NO
(c) A NO
(d)
(2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the permitting authority will issue a notification to the NO
(e)
(f)
(g)
(a)
(b)
(ii)(A) The Administrator will deduct from the compliance account for the NO
(
(
(B) The NO
(iii)(A) For every control period during which the NO
(B) Notwithstanding paragraph (b)(1)(iii)(A) of this section, if the effective date of the NO
(2)(i) When the NO
(ii) After the deduction under paragraph (b)(2)(i) of this section is completed, the Administrator will close the NO
(a)
(2) By no later than December 31, after the first control period for which the NO
(b) For each control period for which the NO
(1) The heat input (in mmBtu) used for calculating NO
(i) The NO
(ii) The NO
(2) The permitting authority will allocate NO
(i) The NO
(ii) The most stringent State or Federal NO