§72.44. Phase II repowering extensions. — Inbound Citations

(1) A plan for a compliance option, under § 72.41, § 72.42, § 72.43, or § 72.44 of this part, under § 74.47 of this chapter, or a NOX averaging plan under § 76.11 of this chapter, that includes units at more than one affected source shall be complete only if:

(i) Such plan is signed and certified by the designated representative for each source with an affected unit governed by such plan; and

(2) Giving notice by publication in the Federal Register and in a newspaper of general circulation in the area where the source covered by the Acid Rain permit application is located or in a State publication designed to give general public notice. Notwithstanding the prior sentence, if a draft permit requires the affected units at a source to comply with § 72.9(c)(1) and to meet any applicable emission limitation for NOX under §§ 76.5, 76.6, 76.7, 76.8, or 76.11 of this chapter and does not include for any unit a compliance option under § 72.44, part 74 of this chapter, or § 76.10 of this chapter, the Administrator may, in his or her discretion, provide notice of the draft permit by Federal Register publication and may omit notice by newspaper or State publication.

(iii) Public notice of the issuance or denial of the draft Acid Rain permit and the opportunity to comment and request a public hearing shall be given by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice. Notwithstanding the prior sentence, if a draft permit requires the affected units at a source to comply with § 72.9(c)(1) and to meet any applicable emission limitation for NOX under §§ 76.5, 76.6, 76.7, 76.8, or 76.11 of this chapter and does not include for any unit a compliance option under § 72.44, part 74 of this chapter, or § 76.10 of this chapter, the State permitting authority may, in its discretion, provide notice by serving notice on persons entitled to receive a written notice and may omit notice by newspaper or State publication.

(2) All allowances allocated or deducted pursuant to §§ 72.41, 72.42, 72.43, and 72.44 and part 74 of this chapter;

(iv) The final determination of whether a technology is a qualified repowering technology under § 72.44 of this chapter;

(a) In addition to allowances allocated under § 73.10(b), the Administrator will allocate, to each existing unit (under § 72.44(b)(1) of this chapter) with an approved repowering extension plan, allowances for use during the repowering extension period approved under § 72.44(f)(2)(ii) of this chapter (including a prorated allocation for any fraction of a year) equal to:

(b) Upon commencement of commercial operation of a new unit (under § 72.44(b)(2) of this chapter) with an approved repowering extension plan, allowances for use during the repowering extension period approved will end and allocations under § 73.10(b) for the existing unit will be transferred to the subaccounts for the new unit.

(2) A binding letter agreement for the executed and binding contract (or for each in a series of executed and binding contracts) for the majority of the equipment to repower the unit using the technology conditionally approved by the Administrator under § 72.44(d)(3).

(a) In addition to allowances allocated under § 73.10(b), the Administrator will allocate, to each existing unit (under § 72.44(b)(1) of this chapter) with an approved repowering extension plan, allowances for use during the repowering extension period approved under § 72.44(f)(2)(ii) of this chapter (including a prorated allocation for any fraction of a year) equal to:

(1) If the designated representative for a repowering unit terminates the repowering extension plan in accordance with § 72.44(g)(1) of this chapter, the repowering allowances allocated to that unit by paragraph (a) of this section will be terminated and any necessary allowances from that unit's account forfeited, calculated in the following manner:

(3) Determinations concerning failed repowering projects under § 72.44(g)(1)(i) and (2) of this part.

(3) Determinations concerning failed repowering projects under § 72.44(g)(1)(i) and (2) of this part.

(3) If the allowances identified by serial number specified pursuant to § 73.50(b)(1)(ii) are subject to the limitation on transfer imposed pursuant to § 72.44(h)(1)(i) of this chapter, § 74.42 of this chapter, or § 74.47(c) of this chapter, the transfer is in accordance with such limitation.