1000.1 This Chapter applies to any owner or operator of a budget source.

1000.2 The requirements for an Authorized Account Representative (AAR) and account maintenance fees apply to any owner of a general account.

1000.3 Any person who owns, operates, leases or controls a stationary source not subject to this Chapter may opt-in subject to the following conditions:

1. (a) Any person who owns, operates, leases or controls a stationary source that opts in shall be considered a budget source upon approval of an opt-in application and shall be subject to all terms and conditions, including requirements for allowance transfer or use, emissions monitoring, record keeping, reporting, penalties and fees.
2. (b) The owner or operator of a stationary source shall submit to the Director an application, including documentation of baseline control period emissions. Baseline control period emissions from the source, as may be adjusted pursuant to § 1000.3(c), shall be added to the NOx budget for the District of Columbia before the Director allocates allowances to the source.
3. (c) The Director shall allocate allowances to any opt-in source, that by size would be considered an affected facility, equivalent to the OTC MOU emission reduction applied to baseline control period emissions, or the permitted allowable NOx emissions from the source, whichever is less.
4. (d) The Director shall allocate allowances to any opt-in source, not otherwise considered an affected facility, equivalent to the baseline control period emissions or the permitted allowable NOx emissions from the source, whichever is less. In no case will an allocation to a source that opts in require adjustments to the allocation of any other budget source.
5. (e) Any person who opts in shall be subject to modification of his or her federally-enforceable operating permit to include applicability of this Chapter, authority to trade allowances and authority to emit, pursuant to allowances allocated or obtained by the allowance transfer deadline.
6. (f) Any person who opts in and subsequently ceases or curtails operations shall be subject to an allowance adjustment that represents emissions equivalent to those reduced through cessation or curtailment of emitting operations.
7. (g) Any person who opts in cannot opt out unless he or she ceases NOx emitting operations at the opt-in source subject to the allowance adjustment provisions of § 1000.3(f).

SOURCE: As amended by final rulemaking published at 47 DCR 8646(October 10, 2000); as amended by final rulemaking published at 47 DCR 9686 (December 8, 2000).