1010 END-OF-SEASON RECONCILIATION

1010.1 Compliance with this Chapter shall be determined by combining monitored emissions data, as reported by the budget source to the Director and as adjusted by the Director to be in accordance with § 1007, with allowance allocations and transfers recorded in the NATS.

1010.2 Each year during the period November 1st through December 31st, inclusive, the AAR shall request from the Administrator a deduction of the current year allowances from the compliance account equivalent to the NOx emissions from the budget source in the current control period. The AAR shall submit this request to the Administrator by the allowance transfer deadline and shall identify the compliance account from which the deductions should be made and the serial numbers of the allowances to be deducted.

1010.3 Regardless of the request for deductions submitted pursuant to § 1010.2, the Administrator shall deduct a number of allowances equal to the current control period NOx emissions from the budget source's compliance account and determine whether sufficient allowances are in the compliance account equivalent to emissions.

1010.4 If the budget source's emissions in the current control period exceed the allowances in the budget source's compliance account for the control period, the budget source is responsible for obtaining additional allowances so that the total number of allowances in the compliance account, including allowance transfers properly submitted to the Administrator by the allowance transfer deadline, equals the control period emissions of NOx rounded to the nearest whole ton.

1010.5 A budget source's failure to obtain and hold in its compliance account, for any control period, as of the allowance transfer deadline, sufficient allowances equal to or exceeding emissions for the control period, shall result in enforcement action and penalties pursuant to § 1012.

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).