[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR96.86]
[Page 704-705]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 96--NOX Budget Trading Program for State Implementation
Plans--Table of Contents
Subpart I--Individual Unit Opt-ins
Sec. 96.86 Withdrawal from NOX Budget Trading Program.
(a) Requesting withdrawal. To withdraw from the NOX
Budget Trading Program, the NOX authorized account
representative of a NOX Budget opt-in source shall submit to
the permitting authority a request to withdraw effective as of a
specified date prior to May 1 or after September 30. The submission
shall be made no later than 90 days prior to the requested effective
date of withdrawal.
(b) Conditions for withdrawal. Before a NOX Budget opt-in
source covered by a request under paragraph (a) of this section may
withdraw from the NOX Budget Trading Program and the
NOX Budget opt-in permit may be terminated under paragraph
(e) of this section, the following conditions must be met:
(1) For the control period immediately before the withdrawal is to
be effective, the NOX authorized account representative must
submit or must have submitted to the permitting authority an annual
compliance certification report in accordance with Sec. 96.30.
(2) If the NOX Budget opt-in source has excess emissions
for the control period immediately before the withdrawal is to be
effective, the Administrator will deduct or has deducted from the
NOX Budget opt-in source's compliance account, or the
overdraft account of the NOX Budget source where the
NOX Budget opt-in source is located, the full amount required
under Sec. 96.54(d) for the control period.
(3) After the requirements for withdrawal under paragraphs (b)(1)
and (2) of this section are met, the Administrator will deduct from the
NOX Budget opt-in source's compliance account, or the
overdraft account of the NOX Budget source where the
NOX Budget opt-in source is located, NOX
allowances equal in number to and allocated for the same or a prior
control period as any NOX allowances allocated to that source
under Sec. 96.88 for any control period for which the withdrawal is to
be effective. The Administrator will close the NOX 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 NOX Budget opt-in source. The NOX
authorized account representative for the NOX Budget opt-in
source shall become the NOX authorized account representative
for the general account.
(c) A NOX Budget opt-in source that withdraws from the
NOX Budget Trading Program shall comply with all requirements
under the NOX Budget Trading Program concerning all years for
which such NOX Budget opt-in source was a NOX
Budget opt-in source, even if such requirements arise or must be
complied with after the withdrawal takes effect.
(d) Notification. (1) After the requirements for withdrawal under
paragraphs (a) and (b) of this section are met (including deduction of
the full amount of NOX allowances required), the permitting
authority will issue a notification to the NOX authorized
account representative of the NOX Budget opt-in source of the
acceptance of the withdrawal of the NOX Budget opt-in source
as of a specified effective date that is after such requirements have
been met and that is prior to May 1 or after September 30.
(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 NOX authorized account representative of
the NOX Budget opt-in source that the NOX Budget
opt-in source's request to withdraw is denied.
[[Page 705]]
If the NOX Budget opt-in source's request to withdraw is
denied, the NOX Budget opt-in source shall remain subject to
the requirements for a NOX Budget opt-in source.
(e) Permit amendment. After the permitting authority issues a
notification under paragraph (d)(1) of this section that the
requirements for withdrawal have been met, the permitting authority will
revise the NOX Budget permit covering the NOX
Budget opt-in source to terminate the NOX Budget opt-in
permit as of the effective date specified under paragraph (d)(1) of this
section. A NOX Budget opt-in source shall continue to be a
NOX Budget opt-in source until the effective date of the
termination.
(f) Reapplication upon failure to meet conditions of withdrawal. If
the permitting authority denies the NOX Budget opt-in
source's request to withdraw, the NOX authorized account
representative may submit another request to withdraw in accordance with
paragraphs (a) and (b) of this section.
(g) Ability to return to the NOX Budget Trading Program.
Once a NOX Budget opt-in source withdraws from the
NOX Budget Trading Program and its NOX Budget opt-
in permit is terminated under this section, the NOX authority
account representative may not submit another application for a
NOX Budget opt-in permit under Sec. 96.83 for the unit prior
to the date that is 4 years after the date on which the terminated
NOX Budget opt-in permit became effective.