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APPROVED RULES

Ozone Season unit until a reallocation occurs under Rule .2413 of this Section when the allocation shall be removed and given to other CAIR NOx Ozone Season units if the retired CAIR NOx Ozone Season unit is still retired using the procedure in Rule .2413 of this Section.

History Note:Authority G.S. 143-215.3(a); 143-215.65; 143-215.66; 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2407MONITORING, REPORTING,

AND RECORDKEEPING

(a)  The owner or operator of a unit covered under this Section shall comply with the monitoring, recordkeeping, and reporting requirements in:
(1)40 CFR 96.106(b) and (e) and in 40 CFR Part 96, Subpart HH for each CAIR NOx unit;
(2)40 CFR 96.206(b) and (e) and in 40 CFR Part 96, Subpart HHH for each CAIR SO2 unit; and
(3)40 CFR 96.306(b) and (e) and in 40 CFR Part 96, Subpart HHHH for each CAIR Ozone Season NOx unit.
(b)  To approve or disapprove monitors used to show compliance with Rules .2403, .2404, or .2405 of this Section, the Division shall follow the procedures in:
(1)40 CFR 96.171 and 40 CFR 96.172 for nitrogen oxides,
(2)40 CFR 96.271 and 40 CFR 96.272 for sulfur dioxides, and
(3)40 CFR 96.371 and 40 CFR 96.372 for ozone season nitrogen oxides.

History Note:Authority G.S. 143-215.3(a); 143-215.65; 143-215.66; 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2409DESIGNATED

REPRESENTATIVE

(a)  Designated representative. The owners and operators of any source covered under this Section shall select a designated representative according to 40 CFR 96.110 for each CAIR NOx source, 96.210 for each CAIR SO2 source, and 96.310 for each CAIR NOx Ozone Season source. The designated representative shall have the responsibilities and duties set out in 40 CFR 96.110 for a CAIR NOx source, 96.210 for a CAIR SO2 source, and 96.310 for a CAIR NOx Ozone Season source.
(b)  Alternate designated representative. The owners and operators of any source covered under this Section shall select an alternate designated representative according to 40 CFR 96.111 for each CAIR NOx source, 96.211 for each CAIR SO2 source, and 96.311 for each CAIR NOx Ozone Season source. The alternate designated representative shall have the responsibilities and duties set out in 40 CFR 96.111 for a CAIR NOx source, 96.211 for CAIR SO2 source, and 96.311 for a
CAIR NOx Ozone Season source.
(c)  Changing designated representative and alternate designated representative. The owner or operator of any source covered under this Section may change the designated representative or the alternate designated representative using:
(1)40 CFR 96.112 for a CAIR NOx source;
(2)40 CFR 96.212 for a CAIR SO2 source; and
(3)40 CFR 96.312 for a CAIR NOx Ozone Season source.
(d)  A CAIR designated representative or alternative CAIR designated representative may delegate his or her authority to make an electronic submission to the Administrator using:
(1)40 CFR 96.115 for a CAIR NOx source;
(2)40 CFR 96.215 for a CAIR SO2 source; and
(3)40 CFR 96.315 for a CAIR NOx Ozone Season source.
(e)  Changes in owners and operators. Whenever the owner or operator of a source or unit covered under this Section changes, the following provisions shall be followed:
(1)40 CFR 96.112(c) for a CAIR NOx source;
(2)40 CFR 96.212(c) for a CAIR SO2 source; and
(3)40 CFR 96.312(c) for a CAIR NOx Ozone Season source.
(f)  Certificate of representation. A complete certificate of representation for a CAIR designated representative or an alternate CAIR designated representative shall meet the requirements of 40 CFR 96.113 for nitrogen oxides, 40 CFR 96.213 for sulfur dioxide, and 40 CFR 96.313 for ozone season nitrogen oxides.
(g)  Objections concerning CAIR designated representative. Objections concerning CAIR designated representative shall be handled according to the procedures in 40 CFR 96.114 for nitrogen oxides, 40 CFR 96.214 for sulfur dioxide, and 40 CFR 96.314 for ozone season nitrogen oxides.

History Note:Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2412NEW UNIT GROWTH

(a)  For nitrogen oxide emissions, the total nitrogen oxide allowances available for allocation in the new unit set-aside for each control period in 2009 through 2014 shall be 2638 tons and the total nitrogen oxide allowances available for allocation in each control period in 2015 and thereafter shall be 1154 tons. Except for the reference to 40 CFR 96.142(b), the procedures in 40 CFR 96.142(c)(2) through (4) shall be used to create allocations for units covered under this Section that commenced operations on or after January 1, 2001 and that are not covered in the table in Rule .2403 of this Section.
(b)  For ozone season nitrogen oxides emissions, the total ozone season nitrogen oxide allowances available for allocation in the new unit set-aside for each control period in 2009 through 2014 shall be 1234 tons and the total ozone season nitrogen oxide allowances available for allocation in each control period in

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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