Iowa Admin. Code r. 567-22.131 - [Effective until 6/19/2024] Acid rain compliance plan and compliance options-general
(1) For each
affected unit included in an acid rain permit application, a complete
compliance plan shall include:
a. For sulfur
dioxide emissions, a certification that, as of the allowance transfer deadline,
the designated representative will hold allowances in the unit's compliance
subaccount (after deductions under
40 CFR
7334(c).) not less than the total annual
emissions of sulfur dioxide from the unit. The compliance plan may also
specify, in accordance with rule
567-22131.
(455B), one or more of the acid rain compliance options.
b. For nitrogen oxides emissions, a
certification that the unit will comply with the applicable limitation
established by subrule 22.125(4) or shall specify one or more acid rain
compliance options, in accordance with Section 407 of the Act, and 40 CFR
Section
769..
(2) The compliance plan may
include a multiunit compliance option under rule
567-22132. (455B) or
Section 407 of the Act or regulations implementing Section 407.
a. A plan for a compliance option that
includes units at more than one affected source shall be complete only if:
(1) Such plan is signed and certified by the
designated representative for each source with an affected unit governed by
such plan; and
(2) A complete
permit application is submitted covering each unit governed by such
plan.
b. The
department's approval of a plan under paragraph 22.131(2)"a "
that includes units in more than one state shall be final only after every
permitting authority with jurisdiction over any such unit has approved the plan
with the same modifications or conditions, if any.
(3) Conditional approval. In the compliance
plan, the designated representative of an affected unit may propose, in
accordance with rules
567-22131.
(455B) and
567-22132. (455B), any
acid rain compliance option for conditional approval; provided that an acid
rain compliance option under Section 407 of the Act may be conditionally
proposed only to the extent provided in regulations implementing Section 407 of
the Act.
a. To activate a conditionally
approved acid rain compliance option, the designated representative shall
notify the department in writing that the conditionally approved compliance
option will actually be pursued beginning January 1 of a specified year. If the
conditionally approved compliance option includes a plan described in paragraph
22.131(2)"a," the designated representative of each source
governed by the plan shall sign and certify the notification. Such notification
shall be subject to the limitations on activation under rule
567-22132. (455B) and
regulations implementing Section 407 of the Act.
b. The notification under paragraph 22.131
(3)"a " shall specify the first calendar year and the last
calendar year for which the conditionally approved acid rain compliance option
is to be activated. A conditionally approved compliance option shall be
activated, if at all, before the date of any enforceable milestone applicable
to the compliance option. The date of activation of the compliance option shall
not be a defense against failure to meet the requirements applicable to that
compliance option during each calendar year for which the compliance option is
activated.
c. Upon submission of a
notification meeting the requirements of paragraphs 22.131(3) "a"
and"b," the conditionally approved acid rain compliance option
becomes binding on the owners and operators and the designated representative
of any unit governed by the conditionally approved compliance option.
d. A notification meeting the requirements of
paragraphs 22.131(3)"o" and"b" will revise the unit's permit
in accordance with rule
567-22143.
(455B) (administrative permit amendment).
(4) Termination of compliance option.
a. The designated representative for a unit
may terminate an acid rain compliance option by notifying the department in
writing that an approved compliance option will be terminated beginning January
1 of a specified year. Such notification shall be subject to the limitations on
termination under rule
567-22132. (455B) and
regulations implementing Section 407 of the Act. If the compliance option
includes a plan described in paragraph 22.131(2)"o," the designated
representative for each source governed by the plan shall sign and certify the
notification.
b. The notification
under paragraph 22.131(4)"a" shall specify the calendar year
for which the termination will take effect.
c. Upon submission of a notification meeting
the requirements of paragraphs 22.131(4)"a " and"b,
" the termination becomes binding on the owners and operators and the
designated representative of any unit governed by the acid rain compliance
option to be terminated.
d. A
notification meeting the requirements of paragraphs 22.131(4)"o"
and"b" will revise the unit's permit in accordance with rule
567-22143.
(455B) (administrative permit amendment).
Notes
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