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Federal NOx Budget Program (05/15/00)

On January 18, 2000, EPA published 40 CFR Part 97, Federal NOx Budget Trading Program, also referred to as the Section 126 rule. This rule was established by EPA after determining that the Section 126 petitions filed by eight northeastern states demonstrated that specific upwind electric generating units (EGUs) and industrial boilers and turbines (non-EGUs) significantly contributed to nonattainment or maintenance problems in the petitioning States. Part 97 establishes the Federal NOx Budget Trading Program as a control remedy for sources affected by this rule. Appendix A to Part 97 provides a listing of the EGUs and non-EGU's affected by the rule, as well as the NOx allowance allocations for each unit.

Although Part 97 establishes the framework of this federal program, the requirements specified in Part 75 serve as the foundation of the rule's monitoring, recordkeeping, reporting and quality assurance/quality control procedures. A NOx Budget Program Application must be submitted no later than November 1, 2001. Monitoring systems must be installed and provisionally certified by May 1, 2002. Compliance with the NOx Budget Trading Program begins May 1, 2003.

A copy of 40 CFR Part 97 can be downloaded from our FTP library.

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