Collapse to view only § 96.381 - General.
- § 96.380 - Applicability.
- § 96.381 - General.
- § 96.382 - CAIR designated representative.
- § 96.383 - Applying for CAIR opt-in permit.
- § 96.384 - Opt-in process.
- § 96.385 - CAIR opt-in permit contents.
- § 96.386 - Withdrawal from CAIR NOX Ozone Season Trading Program.
- § 96.387 - Change in regulatory status.
- § 96.388 - CAIR NOX Ozone Season allowance allocations to CAIR NOX Ozone Season opt-in units.
§ 96.380 - Applicability.
A CAIR NO
(a) Is located in the State;
(b) Is not a CAIR NO
(c) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect;
(d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and
(e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HHHH of this part.
§ 96.381 - General.
(a) Except as otherwise provided in §§ 96.301 through 96.304, §§ 96.306 through 96.308, and subparts BBBB and CCCC and subparts FFFF through HHHH of this part, a CAIR NO
(b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart HHHH of this part to a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under this subpart, such unit shall be treated as a CAIR NO
§ 96.382 - CAIR designated representative.
Any CAIR NO
§ 96.383 - Applying for CAIR opt-in permit.
(a) Applying for initial CAIR opt-in permit. The CAIR designated representative of a unit meeting the requirements for a CAIR NO
(1) A complete CAIR permit application under § 96.322;
(2) A certification, in a format specified by the permitting authority, that the unit:
(i) Is not a CAIR NO
(ii) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect;
(iii) Vents all of its emissions to a stack; and
(iv) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under § 96.322;
(3) A monitoring plan in accordance with subpart HHHH of this part;
(4) A complete certificate of representation under § 96.313 consistent with § 96.382, if no CAIR designated representative has been previously designated for the source that includes the unit; and
(5) A statement, in a format specified by the permitting authority, whether the CAIR designated representative requests that the unit be allocated CAIR NO
(b) Duty to reapply. (1) The CAIR designated representative of a CAIR NO
(2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR NO
§ 96.384 - Opt-in process.
The permitting authority will issue or deny a CAIR opt-in permit for a unit for which an initial application for a CAIR opt-in permit under § 96.383 is submitted in accordance with the following:
(a) Interim review of monitoring plan. The permitting authority and the Administrator will determine, on an interim basis, the sufficiency of the monitoring plan accompanying the initial application for a CAIR opt-in permit under § 96.383. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NO
(b) Monitoring and reporting. (1)(i) If the permitting authority and the Administrator determine that the monitoring plan is sufficient under paragraph (a) of this section, the owner or operator shall monitor and report the NO
(ii) The monitoring and reporting under paragraph (b)(1)(i) of this section shall include the entire control period immediately before the date on which the unit enters the CAIR NO
(2) To the extent the NO
(c) Baseline heat input. The unit's baseline heat input shall equal:
(1) If the unit's NO
(2) If the unit's NO
(d) Baseline NO
(1) If the unit's NO
(2) If the unit's NO
(3) If the unit's NO
(e) Issuance of CAIR opt-in permit. After calculating the baseline heat input and the baseline NO
(f) Issuance of denial of CAIR opt-in permit. Notwithstanding paragraphs (a) through (e) of this section, if at any time before issuance of a CAIR opt-in permit for the unit, the permitting authority determines that the CAIR designated representative fails to show that the unit meets the requirements for a CAIR NO
(g) Date of entry into CAIR NO
(h) Repowered CAIR NO
(2) Notwithstanding paragraphs (c) and (d) of this section, as of the date of start-up under paragraph (h)(1) of this section, the repowered unit shall be deemed to have the same date of commencement of operation, date of commencement of commercial operation, baseline heat input, and baseline NO
§ 96.385 - CAIR opt-in permit contents.
(a) Each CAIR opt-in permit will contain:
(1) All elements required for a complete CAIR permit application under § 96.322;
(2) The certification in § 96.383(a)(2);
(3) The unit's baseline heat input under § 96.384(c);
(4) The unit's baseline NO
(5) A statement whether the unit is to be allocated CAIR NO
(6) A statement that the unit may withdraw from the CAIR NO
(7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 96.387.
(b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 96.302 and, upon recordation by the Administrator under subpart FFFF or GGGG of this part or this subpart, every allocation, transfer, or deduction of CAIR NO
(c) The CAIR opt-in permit shall be included, in a format specified by the permitting authority, in the CAIR permit for the source where the CAIR NO
§ 96.386 - Withdrawal from CAIR NOX Ozone Season Trading Program.
Except as provided under paragraph (g) of this section, a CAIR NO
(a) Requesting withdrawal. In order to withdraw a CAIR NO
(b) Conditions for withdrawal. Before a CAIR NO
(1) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR NO
(2) After the requirement for withdrawal under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the CAIR NO
(c) Notification. (1) After the requirements for withdrawal under paragraphs (a) and (b) of this section are met (including deduction of the full amount of CAIR NO
(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 CAIR designated representative of the CAIR NO
(d) Permit amendment. After the permitting authority issues a notification under paragraph (c)(1) of this section that the requirements for withdrawal have been met, the permitting authority will revise the CAIR permit covering the CAIR NO
(e) Reapplication upon failure to meet conditions of withdrawal. If the permitting authority denies the CAIR NO
(f) Ability to reapply to the CAIR NO
(g) Inability to withdraw. Notwithstanding paragraphs (a) through (f) of this section, a CAIR NO
§ 96.387 - Change in regulatory status.
(a) Notification. If a CAIR NO
(b) Permitting authority's and Administrator's actions. (1) If a CAIR NO
(2)(i) The Administrator will deduct from the compliance account of the source that includes the CAIR NO
(A) Any CAIR NO
(B) If the date on which the CAIR NO
(ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NO
(3)(i) For every control period after the date on which the CAIR NO
(ii) If the date on which the CAIR NO
(A) The amount of CAIR NO
(B) The ratio of the number of days, in the control period, starting with the date on which the CAIR NO
(C) Rounded to the nearest whole allowance as appropriate.
§ 96.388 - CAIR NOX Ozone Season allowance allocations to CAIR NOX Ozone Season opt-in units.
(a) Timing requirements. (1) When the CAIR opt-in permit is issued under § 96.384(e), the permitting authority will allocate CAIR NO
(2) By no later than July 31 of the control period after the control period in which a CAIR NO
(b) Calculation of allocation. For each control period for which a CAIR NO
(1) The heat input (in mmBtu) used for calculating the CAIR NO
(i) The CAIR NO
(ii) The CAIR NO
(2) The NO
(i) The CAIR NO
(ii) The most stringent State or Federal NO
(3) The permitting authority will allocate CAIR NO
(c) Notwithstanding paragraph (b) of this section and if the CAIR designated representative requests, and the permitting authority issues a CAIR opt-in permit” (based on a demonstration of the intent to repower stated under § 96.383(a)(5)) providing for, allocation to a CAIR NO
(1) For each control period in 2009 through 2014 for which the CAIR NO
(i) The heat input (in mmBtu) used for calculating CAIR NO
(ii) The NO
(A) The CAIR NO
(B) The most stringent State or Federal NO
(iii) The permitting authority will allocate CAIR NO
(2) For each control period in 2015 and thereafter for which the CAIR NO
(i) The heat input (in mmBtu) used for calculating the CAIR NO
(ii) The NO
(A) 0.15 lb/mmBtu;
(B) The CAIR NO
(C) The most stringent State or Federal NO
(iii) The permitting authority will allocate CAIR NO
(d) Recordation. (1) The Administrator will record, in the compliance account of the source that includes the CAIR NO
(2) By September 1, of the control period in which a CAIR NO