15A NCAC 02D .2403 NITROGEN OXIDE EMISSIONS (a) Allocations. The annual allocations of nitrogen oxide allowances are: FACILITY Craven County Wood Energy, LP Duke Energy, Belews Creek Duke Energy, Buck Duke Energy, Cliffside Duke Energy, Dan River Duke Energy, G.G. Allen Duke Energy, Lincoln Duke Energy, Marshall Duke Energy, Riverbend Dynegy-Rockingham Power Edgecombe GenCo Elizabethtown Power Lumberton Power Primary Energy, Roxboro Primary Energy, Southport Progress Energy, Asheville Progress Energy, Blewett Progress Energy, Cape Fear Progress Energy, Lee Progress Energy, L.V. Sutton Progress Energy, Mark's Creek Richmond Co. Progress Energy, Mayo Progress Energy, Roxboro Progress Energy, Weatherspoon PWC-Butler Warner Generation Plant Rosemary Power Station, Halifax Southern Power Company Plant Rowan County Westmoreland Partners, LLC, Roanoke Valley Energy Facility ALLOCATIONS FOR 2009-2014 (TONS) 10,837 498 1,355 2,932 792 4,338 230 9,667 1,709 194 807 86 121 164 401 2,103 8 1,244 1870 2,146 374 4,004 11,578 674 77 42 25 1269 ALLOCATIONS FOR 2015 AND LATER (TONS) 424 9,220 1,153 2,495 674 3,691 196 8,225 1,454 165 687 73 103 140 341 1,789 7 1,059 1591 1,826 318 3,407 9,851 573 65 36 22 1080 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. (b) Compliance. The emissions of nitrogen oxides of a CAIR NOx source shall not exceed the number of allowances that it has in its compliance account established and administered under Rule .2408 of this Section. (c) Emission measurement requirements. The emissions measurements recorded and reported according to 40 CFR Part 96 Subpart HH shall be used to determine compliance by each CAIR NOx source with its emissions limitation according to 40 CFR 96.106(c) including 96.106(c)(5) and (6). (d) Excess emission requirements. The provisions of 40 CFR 96.106(d) shall be used for excess emissions. (e) Liability. The owner or operator of any unit or source covered under this Section shall be subject to the provisions of 40 CFR 96.106(f). (f) Modification and reconstruction, replacement, retirement, or change of ownership. The modification or reconstruction of a CAIR NOx unit shall not make that CAIR NOx unit a "new" CAIR NOx unit under Rule .2412 of this Section. The CAIR NOx unit that is modified or reconstructed shall not change the emission allocation under Paragraph (a) of this Rule. If one or more CAIR NOx units at a facility covered under this Rule is replaced, the new CAIR NOx 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 unit is retired, the owner or operator and the designated representatives of the CAIR NOx unit shall follow the procedures in 40 CFR 96.105. The allocations of a retired CAIR NOx unit shall remain with the owner or operator of the retired CAIR NOx unit until a reallocation occurs under Rule .2413 of this Section when the allocation shall be removed and given to other CAIR NOx units if the retired CAIR NOx 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.