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APPROVED RULES

FACILITY

ALLOCATIONS FOR

2009-2014

(TONS)

ALLOCATIONS FOR

2015 AND LATER

(TONS)

Progress Energy, Mayo

1,735

1,476

Progress Energy, Roxboro

5,069

4,314

Progress Energy, Weatherspoon

346

295

PWC-Fayetteville

53

45

Rosemary Power Station, Halifax

26

22

Southern Power Company Plant Rowan County

25

20

Westmoreland Partners, LLC, Roanoke Valley Energy Facility

511

434

In the event that EPA determines that Craven County Wood Energy is not subject to the provisions of this Section, its allocation shall go to the new source growth pool.
(2)Facilities that meet the description in Rule .2401(b)(3) or (b)(4) of this Section.

FACILITY

ALLOCATON FOR

2009-2014

(TONS)

ALLOCATIONS FOR

2015 AND LATER

(TONS)

Blue Ridge Paper Products

839

839

International Paper Corp., Columbus Co.

307

307

Kapstone Kraft Paper corporation

346

346

Coastal Carolina Clean Power, LLC

113

113

UNC-Chapel Hill

241

241

Weyerhaeuser, New Bern Mill

193

193

Domtar Paper Co.

404

404

(b)  Ozone season defined. The ozone season is from May 1 through September 30 of each year.
(c)  Change in status. If a unit at a facility named in Subparagraph (a)(2) of this Rule meets the description under Subparagraphs (b)(1) or (b)(2) of Rule .2401 of this Section, it shall lose its allocation under Subparagraph (a)(2) of this Rule and shall receive an allocation under Rule .2412 of this Section as a new unit until it receives an allocation under Rule .2413 of this Section.
(d)  Compliance. The nitrogen oxide ozone season emissions of a CAIR NOx Ozone Season source shall not exceed the number of allowances that it has in its compliance account established and administered under Rule .2408 of this Section. For purposes of making deductions for excess emissions for the ozone season in 2008 under the NOx SIP Call (Section 15A NCAC 02D .1400), the Administrator shall deduct allowances allocated under this Rule for the ozone season in 2009.
(e)  Emission measurement requirements. The emissions measurements recorded and reported according to 40 CFR Part 96 Subpart HHHH shall be used to determine compliance by each CAIR NOx Ozone Season source with its emissions limitation according to 40 CFR 96.306(c) including 96.306(c)(5) and (6).
(f)  Excess emission requirements. The provisions of 40 CFR 96.306(d) shall be used for excess emissions.
(g)  Liability. The owner or operator of any unit or source covered under this Section shall be subject to the provisions of 40 CFR 96.306(f).
(h)  Modification and reconstruction, replacement, retirement, or change of ownership. The modification or reconstruction of a CAIR NOx Ozone Season unit shall not make that CAIR NOx Ozone Season unit a "new" CAIR NOx Ozone Season unit under Rule .2412. The CAIR NOx Ozone Season unit that is modified or reconstructed shall not change the emission allocation under Paragraph (a) of this Rule. If one or more CAIR NOx Ozone Season units at a facility is replaced, the new CAIR NOx Ozone Season unit shall not receive an allocation under Rule .2412 of this Section, nor shall it change the allocation of the facility. If the owner of a facility changes, the emission allocations under this Rule and revised emission allocations made under Rule .2413 of this Section shall remain with the facility. If a CAIR NOx Ozone Season unit is retired, the owner or operator, and designated representatives, of the CAIR NOx Ozone Season unit shall follow the procedures in 40 CFR 96.305. The allocations of a retired CAIR NOx Ozone Season unit shall remain with the owner or operator of the retired CAIR NOx

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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