15A NCAC 02D .2405 NITROGEN OXIDE EMISSIONS DURING OZONE SEASON (a) Allocations. The ozone season allocations of nitrogen oxide allowances are: (1) FACILITY Facilities that meet the description in Rule .2401(b)(1) or (b)(2) of this Section. 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-Fayetteville Rosemary Power Station, Halifax Southern Power Company Plant Rowan County Westmoreland Partners, LLC, Roanoke Valley Energy Facility ALLOCATIONS FOR 2009-2014 (TONS) 211 4,917 656 1,350 436 2,096 169 4,179 859 99 331 51 46 83 213 899 7 527 905 1,023 335 1,735 5,069 346 53 26 25 511 ALLOCATIONS FOR 2015 AND LATER (TONS) 179 4,184 558 1,148 371 1,784 144 3,556 731 84 281 43 39 71 181 765 6 448 770 871 285 1,476 4,314 295 45 22 20 434 (2) 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. Facilities that meet the description in Rule .2401(b)(3) or (b)(4) of this Section. FACILITY Blue Ridge Paper Products ALLOCATON FOR 2009-2014 (TONS) 839 ALLOCATIONS FOR 2015 AND LATER (TONS) 839 FACILITY International Paper Corp., Columbus Co. Kapstone Kraft Paper corporation Coastal Carolina Clean Power, LLC UNC-Chapel Hill Weyerhaeuser, New Bern Mill Domtar Paper Co. ALLOCATON FOR 2009-2014 (TONS) 307 346 113 241 193 404 ALLOCATIONS FOR 2015 AND LATER (TONS) 307 346 113 241 193 404 (b) Ozone season defined. The ozone season is from May 1 through September 30 of each year. (c) Change in status. If a unit at a facility named in Subparagraph (a)(2) of this Rule meets the description under Subparagraphs (b)(1) or (b)(2) of Rule .2401 of this Section, it shall lose its allocation under Subparagraph (a)(2) of this Rule and shall receive an allocation under Rule .2412 of this Section as a new unit until it receives an allocation under Rule .2413 of this Section. (d) Compliance. The nitrogen oxide ozone season emissions of a CAIR NOx Ozone Season source shall not exceed the number of allowances that it has in its compliance account established and administered under Rule .2408 of this Section. For purposes of making deductions for excess emissions for the ozone season in 2008 under the NOx SIP Call (Section 15A NCAC 02D .1400), the Administrator shall deduct allowances allocated under this Rule for the ozone season in 2009. (e) Emission measurement requirements. The emissions measurements recorded and reported according to 40 CFR Part 96 Subpart HHHH shall be used to determine compliance by each CAIR NOx Ozone Season source with its emissions limitation according to 40 CFR 96.306(c) including 96.306(c)(5) and (6). (f) Excess emission requirements. The provisions of 40 CFR 96.306(d) shall be used for excess emissions. (g) Liability. The owner or operator of any unit or source covered under this Section shall be subject to the provisions of 40 CFR 96.306(f). (h) Modification and reconstruction, replacement, retirement, or change of ownership. The modification or reconstruction of a CAIR NOx Ozone Season unit shall not make that CAIR NOx Ozone Season unit a "new" CAIR NOx Ozone Season unit under Rule .2412. The CAIR NOx Ozone Season unit that is modified or reconstructed shall not change the emission allocation under Paragraph (a) of this Rule. If one or more CAIR NOx Ozone Season units at a facility is replaced, the new CAIR NOx Ozone Season 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 Ozone Season unit is retired, the owner or operator, and designated representatives, of the CAIR NOx Ozone Season unit shall follow the procedures in 40 CFR 96.305. The allocations of a retired CAIR NOx Ozone Season unit shall remain with the owner or operator of the retired CAIR NOx 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.