Section 870. Change in regulatory status

A. When a NO_x Budget opt-in source becomes a NO_x Budget unit under 9VAC5-140-40, the NO_x authorized account representative shall notify in writing the permitting authority and the administrator of such change in the NO_x Budget opt-in source's regulatory status, within 30 days of such change.

B. Upon notification under subsection A of this section, the permitting authority and administrator will take the following actions:

1. a. When the NO_x Budget opt-in source becomes a NO_x Budget unit under 9VAC5-140-40, the permitting authority will revise the NO_x Budget opt-in source's NO_x Budget opt-in permit to meet the requirements of a NO_x Budget permit under 9VAC5-140-230 as of an effective date that is the date on which such NO_x Budget opt-in source becomes a NO_x Budget unit under 9VAC5-140-40.

b. (1) The administrator will deduct from the compliance account for the NO_x Budget unit under subdivision 1 a of this subsection, or the overdraft account of the NO_x Budget source where the unit is located, NO_x allowances equal in number to and allocated for the same or a prior control period as:

(a) Any NO_x allowances allocated to the NO_x Budget unit (as a NO_x Budget opt-in source) under 9VAC5-140-880 for any control period after the last control period during which the unit's NO_x Budget opt-in permit was effective; and

(b) If the effective date of the NO_x Budget permit revision under subdivision 1 a of this subsection is during a control period, the NO_x allowances allocated to the NO_x Budget unit (as a NO_x Budget opt-in source) under 9VAC5-140-880 for the control period multiplied by the ratio of the number of days, in the control period, starting with the effective date of the permit revision under subdivision 1 a of this subsection, divided by the total number of days in the control period.

(2) The NO_x authorized account representative shall ensure that the compliance account of the NO_x Budget unit under subdivision 1 a of this subsection, or the overdraft account of the NO_x Budget source where the unit is located, includes the NO_x allowances necessary for completion of the deduction under subdivision 1 b (1) of this subsection. If the compliance account or overdraft account does not contain sufficient NO_x allowances, the administrator will deduct the required number of NO_x allowances, regardless of the control period for which they were allocated, whenever NO_x allowances are recorded in either account.

c. (1) For every control period during which the NO_x Budget permit revised under subdivision 1 a of this subsection is effective, the NO_x Budget unit under subdivision 1 a of this subsection will be treated, solely for purposes of NO_x allowance allocations under 9VAC5-140-420, as a unit that commenced operation on the effective date of the NO_x Budget permit revision under subdivision 1 a of this subsection and will be allocated NO_x allowances under 9VAC5-140-420.

(2) Notwithstanding subdivision 1 c (1) of this subsection, if the effective date of the NO_x Budget permit revision under subdivision 1 a of this subsection is during a control period, the following number of NO_x allowances will be allocated to the NO_x Budget unit under subdivision 1 a of this subsection under 9VAC5-140-420 for the control period: the number of NO_x allowances otherwise allocated to the NO_x Budget unit under 9VAC5-140-420 for the control period multiplied by the ratio of the number of days, in the control period, starting with the effective date of the permit revision under subdivision 1 a of this subsection, divided by the total number of days in the control period.

2. a. When the NO_x authorized account representative of a NO_x Budget opt-in source does not renew its NO_x Budget opt-in permit under 9VAC5-140-830 B, the administrator will deduct from the NO_x Budget opt-in unit's compliance account, or the overdraft account of the NO_x Budget source where the NO_x Budget opt-in source is located, NO_x allowances equal in number to and allocated for the same or a prior control period as any NO_x allowances allocated to the NO_x Budget opt-in source under 9VAC5-140-880 for any control period after the last control period for which the NO_x Budget opt-in permit is effective. The NO_x authorized account representative shall ensure that the NO_x Budget opt-in source's compliance account or the overdraft account of the NO_x Budget source where the NO_x Budget opt-in source is located includes the NO_x allowances necessary for completion of such deduction. If the compliance account or overdraft account does not contain sufficient NO_x allowances, the administrator will deduct the required number of NO_x allowances, regardless of the control period for which they were allocated, whenever NO_x allowances are recorded in either account.

b. After the deduction under subdivision 2 a of this subsection is completed, the administrator will close the NO_x Budget opt-in source's compliance account. If any NO_x allowances remain in the compliance account after completion of such deduction and any deduction under 9VAC5-140-540, the administrator will close the NO_x Budget opt-in source's compliance account and will establish, and transfer any remaining allowances to, a new general account for the owners and operators of the NO_x Budget opt-in source. The NO_x authorized account representative for the NO_x Budget opt-in source shall become the NO_x authorized account representative for the general account.

Historical Notes

Derived from Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.