Final Text
Part I
NOx Budget Trading Program for Non-electric Generating
Units
Article 1
NOx Budget Trading Program General Provisions
9VAC5-140-10. Purpose.
This part establishes general provisions and the
applicability, permitting, allowance, excess emissions, and
monitoring, and opt-in provisions for the NOx Budget Trading
Program for non-electric generating units (non-EGUs) as a means of
mitigating the interstate transport of ozone and nitrogen oxides. The board
authorizes the administrator to assist the board in implementing the NOx
Budget Trading Program by carrying out the functions set forth for the
administrator in this part.
9VAC5-140-20. Definitions.
A. As used in this part, all words or terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10), unless otherwise required by context.
B. For the purpose of this part and any related use, the following words or terms shall have the following meanings unless the context clearly indicates otherwise:
"Account certificate of representation" means the completed and signed submission required by Article 2 (9VAC5-140-100 et seq.) of this part for certifying the designation of a NOx authorized account representative for a NOx Budget source or a group of identified NOx Budget sources who is authorized to represent the owners and operators of such source or sources and of the NOx Budget units at such source or sources with regard to matters under the NOx Budget Trading Program.
"Account number" means the identification number
given by the administrator to each NOx Allowance Tracking System
account.
"Acid rain emissions limitation" means, as defined
in 40 CFR 72.2, a limitation on emissions of sulfur dioxide or nitrogen oxides
under the Acid Rain Program under Title IV of the CAA.
"Adjusted trading program budget" means the total
number of NOx allowances equal to the state trading program budget
set forth in 9VAC5-140-900, less the sum of the NOx emission
limitations (in tons) for each unit exempt under 9VAC5-140-40 B that is not
allocated any NOx allowances under 9VAC5-140-420 B or C for the
control period and whose NOx emission limitation (in tons of NOx)
is not included in the amount calculated under 9VAC5-140-420 D 5 b (2) for the
control period.
"Administrator" means the Administrator of the United States Environmental Protection Agency or the administrator's duly authorized representative.
"Allocate" or "allocation" means the
determination by the permitting authority or the administrator of the number of
NOx allowances to be initially credited to a NOx Budget
unit or an allocation set-aside.
"Allocation set-aside budget" means the sum of:
1. For NOx Budget units under 9VAC5-140-40 A 1,
the adjusted trading program budget for the control period to which the
allocation set-aside applies multiplied by the set-aside percentage, rounded to
the nearest whole number of NOx allowances as appropriate.
2. For NOx Budget units under 9VAC5-140-40 A 2,
1,000 tons per control period.
"Automated data acquisition and handling system or DAHS" means that component of the CEMS, or other emissions monitoring system approved for use under Article 8 (9VAC5-140-700 et seq.) of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by Article 8 (9VAC5-140-700 et seq.) of this part.
"Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
"CAA" means the CAA, 42 USC 7401 et seq., as amended by Pub.L. No. 101-549 (November 15, 1990).
"Combined cycle system" means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.
"Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.
"Commence commercial operation" means, with regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. Except as provided in 9VAC5-140-50, for a unit that is a NOx Budget unit under 9VAC5-140-40 on the date the unit commences commercial operation, such date shall remain the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in 9VAC5-140-50 or Article 9 (9VAC5-140-800 et seq.) of this part, for a unit that is not a NOx Budget unit under 9VAC5-140-40 on the date the unit commences commercial operation, the date the unit becomes a NOx Budget unit under 9VAC5-140-40 shall be the unit's date of commencement of commercial operation.
"Commence operation" means to have begun any
mechanical, chemical, or electronic process, including, with regard to a unit,
start-up of a unit's combustion chamber. Except as provided in 9VAC5-140-50,
for a unit that is a NOx Budget unit under 9VAC5-140-40 on the date
of commencement of operation, such date shall remain the unit's date of commencement
of operation even if the unit is subsequently modified, reconstructed, or
repowered. Except as provided in 9VAC5-140-50 or Article 9 (9VAC5-140-800 et
seq.) of this part, for a unit that is not a NOx Budget unit
under 9VAC5-140-40 on the date of commencement of operation, the date the unit
becomes a NOx Budget unit under 9VAC5-140-40 shall be the unit's
date of commencement of operation.
"Common stack" means a single flue through which emissions from two or more units are exhausted.
"Compliance account" means a NOx
Allowance Tracking System account, established by the administrator for a NOx
Budget unit under Article 6 (9VAC5-140-500 et seq.) of this part, in which the
NOx allowance allocations for the unit are initially recorded and in
which are held NOx allowances available for use by the unit for a
control period for the purpose of meeting the unit's NOx Budget
emissions limitation.
"Compliance certification" means a submission to
the permitting authority or the administrator, as appropriate, that is required
under Article 4 (9VAC5-140-300 et seq.) of this part to report a NOx
Budget source's or a NOx Budget unit's compliance or noncompliance
with this part and that is signed by the NOx authorized account
representative in accordance with Article 2 (9VAC5-140-100 et seq.) of this
part.
"Continuous emission monitoring system or CEMS" means the equipment required under Article 8 (9VAC5-140-700 et seq.) of this part to sample, analyze, measure, and provide, by readings taken at least once every 15 minutes of the measured parameters, a permanent record of nitrogen oxides emissions, expressed in tons per hour for nitrogen oxides. The following systems are component parts included, consistent with 40 CFR Part 75, in a continuous emission monitoring system:
1. Flow monitor;
2. Nitrogen oxides pollutant concentration monitors;
3. Diluent gas monitor (oxygen or carbon dioxide) when such monitoring is required by Article 8 (9VAC5-140-700 et seq.) of this part;
4. A continuous moisture monitor when such monitoring is required by Article 8 (9VAC5-140-700 et seq.) of this part; and
5. An automated data acquisition and handling system.
"Control period" means the period beginning May 1 of a year and ending on September 30 of the same year, inclusive, except for the calendar year 2004, the period shall begin May 31.
"Core trading program budget" means the adjusted
trading program budget for the control period to which the allocation set-aside
applies minus the allocation set-aside budget.
"Electricity for sale under firm contract to the grid" means electricity for sale where the capacity involved is intended to be available at all times during the period covered by a guaranteed commitment to deliver, even under adverse conditions.
"Emissions" means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the administrator by the NOx authorized account representative and as determined by the administrator in accordance with Article 8 (9VAC5-140-700 et seq.) of this part.
"Energy Information Administration" means the
Energy Information Administration of the United States Department of Energy.
"Excess emissions" means any tonnage of nitrogen
oxides emitted by a NOx Budget unit during a control period that
exceeds the NOx Budget emissions limitation for the unit.
"Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
"Fossil fuel-fired" means, with regard to a unit:
1. For units that commenced operation before January 1, 1996, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1995 or, if a unit had no heat input in 1995, during the last year of operation of the unit prior to 1995;
2. For units that commenced operation on or after January 1, 1996, and before January 1, 1997, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1996; or
3. For units that commence operation on or after January 1, 1997, (i) the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during any year or (ii) the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50% of the annual heat input on a Btu basis during any year, provided that the unit shall be "fossil fuel-fired" as of the date, during such year, on which the unit begins combusting fossil fuel.
"General account" means a NOx
Allowance Tracking System account, established under Article 6 (9VAC5-140-500
et seq.) of this part, that is not a compliance account or an overdraft
account.
"Generator" means a device that produces electricity.
"Heat input" means the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) and the fuel feed rate into a combustion device (in mass of fuel/time), as measured, recorded, and reported to the administrator by the NOx authorized account representative and as determined by the administrator in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.
"Implementation plan" means the portion or portions of the state implementation plan, or the most recent revision thereof, that has been approved in Subpart VV of 40 CFR Part 52 by the administrator under § 110 of the CAA, or promulgated under § 110(c) of the CAA, or promulgated or approved pursuant to regulations promulgated under § 301(d) of the CAA and that implements the relevant requirements of the CAA.
"Life-of-the-unit, firm power contractual arrangement" means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit and pays its proportional amount of such unit's total costs, pursuant to a contract:
1. For the life of the unit;
2. For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
3. For a period equal to or greater than 25 years or 70% of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
"Maximum design heat input" means the ability of a unit to combust a stated maximum amount of fuel per hour on a steady state basis, as determined by the physical design and physical characteristics of the unit.
"Maximum potential hourly heat input" means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use Appendix D of 40 CFR Part 75 to report heat input, this value should be calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported, in accordance with 40 CFR Part 75, using the maximum potential flowrate and either the maximum carbon dioxide concentration (in percent CO2) or the minimum oxygen concentration (in percent O2).
"Maximum potential NOx emission rate" means the emission rate of nitrogen oxides (in lb/mmBtu) calculated in accordance with section 3 of Appendix F of 40 CFR Part 75, using the maximum potential nitrogen oxides concentration as defined in section 2 of Appendix A of 40 CFR Part 75, and either the maximum oxygen concentration (in percent O2) or the minimum carbon dioxide concentration (in percent CO2), under all operating conditions of the unit except for unit start up, shutdown, and upsets.
"Maximum rated hourly heat input" means a unit-specific maximum hourly heat input (mmBtu) that is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input.
"Monitoring system" means any monitoring system that meets the requirements of Article 8 (9VAC5-140-700 et seq.) of this part, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system.
"Most stringent state or federal NOx
emissions limitation" means the lowest NOx emissions limitation
(in lb/mmBtu) that is applicable to the unit under the Virginia Air Pollution
Control Law or federal law, regardless of the averaging period to which the
emissions limitation applies. In cases where a unit is subject to a permit that
provides for the use of multiple fuels, the primary fuel shall be used as the
basis to determine the most stringent state or federal NOx emissions
limitation. The primary fuel shall be the fuel designated in the permit as such
or as having the greatest throughput.
"Nameplate capacity" means the maximum electrical generating output (in MWe) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards.
"New source review program" means a program for
the preconstruction review and permitting of new stationary sources or
expansions to existing ones in accordance with regulations promulgated to
implement the requirements of §§ 110(a)(2)(C), 112 (relating to permits for
hazardous air pollutants), 165 (relating to permits in prevention of
significant deterioration areas), and 173 (relating to permits in nonattainment
areas) of the CAA.
"NOx allowance" means a limited
authorization by the permitting authority or the administrator under the NOx
Budget Trading Program to emit up to one ton of nitrogen oxides during the
control period of the specified year or of any year thereafter, except as
provided under 9VAC5-140-550 B. No provision of the NOx Budget
Trading Program, the NOx Budget permit application, the NOx
Budget permit, or an exemption under 9VAC5-140-40 B or 9VAC5-140-50 and no
provision of law shall be construed to limit the authority of the United States
or the state to terminate or limit such authorization, which does not
constitute a property right.
"NOx allowance deduction" or
"deduct NOx allowances" means the permanent withdrawal of
NOx allowances by the administrator from a NOx Allowance
Tracking System compliance account or overdraft account to account for the
number of tons of NOx emissions from a NOx Budget unit
for a control period, determined in accordance with Article 8 (9VAC5-140-700 et
seq.) of this part, or for any other allowance surrender obligation under this
part.
"NOx Allowance Tracking System" means
the system by which the administrator records allocations, deductions, and
transfers of NOx allowances under the NOx Budget Trading
Program.
"NOx Allowance Tracking System
account" means an account in the NOx Allowance Tracking System
established by the administrator for purposes of recording the allocation,
holding, transferring, or deducting of NOx allowances.
"NOx allowance transfer deadline" means
midnight of November 30 or, if November 30 is not a business day, midnight of
the first business day thereafter and is the deadline by which NOx
allowances may be submitted for recordation in a NOx Budget unit's
compliance account, or the overdraft account of the source where the unit is
located, in order to meet the unit's NOx Budget emissions limitation
for the control period immediately preceding such deadline.
"NOx allowances held" or "hold NOx
allowances" means the NOx allowances recorded by the
administrator, or submitted to the administrator for recordation, in accordance
with Article 6 (9VAC5-140-500 et seq.) and Article 7 (9VAC5-140-600 et seq.) of
this part, in a NOx Allowance Tracking System account.
"NOx authorized account representative"
means, for a NOx Budget source or NOx Budget unit at the
source, the natural person who is authorized by the owners and operators of the
source and all NOx Budget units at the source, in accordance with
Article 2 (9VAC5-140-100 et seq.) of this part, to represent and legally bind
each owner and operator in matters pertaining to the NOx Budget Trading
Program or, for a general account, the natural person who is authorized, in
accordance with Article 6 (9VAC5-140-500 et seq.) of this part, to transfer or
otherwise dispose of NOx allowances held in the general account.
"NOx Budget emissions limitation"
means, for a NOx Budget unit, the tonnage equivalent of the NOx
allowances available for compliance deduction for the unit under 9VAC5-140-540 A,
B, E, and F in a control period, adjusted by any deductions of such NOx
allowances to account for actual utilization under 9VAC5-140-420 E for the
control period or to account for excess emissions for a prior control period
under 9VAC5-140-540 D or to account for withdrawal from the NOx
Budget Trading Program, or for a change in regulatory status, of a NOx
Budget opt-in source under 9VAC5-140-860 or 9VAC5-140-870.
"NOx Budget opt-in permit" means a NOx
Budget permit covering a NOx Budget opt-in source.
"NOx Budget opt-in source" means a
unit that has applied to become a NOx Budget unit under the NOx
Budget Trading Program and whose NOx Budget opt-in permit has been
issued and is in effect under Article 9 (9VAC5-140-800 et seq.) of this part.
"NOx Budget permit" means the legally
binding and federally enforceable written document, or portion of such
document, issued by the permitting authority under this part, including any
permit revisions, specifying the NOx Budget Trading Program
requirements applicable to a NOx Budget source, to each NOx
Budget unit at the NOx Budget source, and to the owners and
operators and the NOx authorized account representative of the NOx
Budget source and each NOx Budget unit.
"NOx Budget source" means a source that includes one or more NOx Budget units.
"NOx Budget Trading Program" means
a multi-state nitrogen oxides air pollution control and emission reduction
program established in accordance with this part and approved and administered
by the administrator pursuant to 40 CFR 51.121 or established by the
administrator pursuant to 40 CFR 52.34 as a means of mitigating the
interstate transport of ozone and nitrogen oxides, an ozone precursor.
"NOx Budget unit" means a unit that is
subject to the NOx Budget emissions limitation program
under 9VAC5-140-40 or 9VAC5-140-800.
"Operating" means, with regard to a unit under
subdivision 4 b of 9VAC5-140-220 and 9VAC5-140-800, having documented heat
input for more than 876 hours in the six months immediately preceding the
submission of an application for an initial NOx Budget permit under
9VAC5-140-830 A.
"Operator" means any person who operates, controls,
or supervises a NOx Budget unit, or a NOx Budget
source, or unit for which an application for a NOx Budget opt-in
permit under 9VAC5-140-830 is submitted and not denied or withdrawn and
shall include, but not be limited to, any holding company, utility system, or
plant manager of such a unit or source.
"Opt-in" means to be approved to become a NOx
Budget unit under the NOx Budget Trading Program through a final,
effective NOx Budget opt-in permit under Article 9 (9VAC5-140-800 et
seq.) of this part.
"Overdraft account" means the NOx
Allowance Tracking System account, established by the administrator under
Article 6 (9VAC5-140-500 et seq.) of this part, for each NOx Budget
source where there are two or more NOx Budget units.
"Owner" means any of the following persons:
1. Any holder of any portion of the legal or equitable title in
a NOx Budget unit or in a unit for which an application for a NOx
Budget opt-in permit under 9VAC5-140-830 is submitted and not denied or
withdrawn; or
2. Any holder of a leasehold interest in a NOx
Budget unit or in a unit for which an application for a NOx
Budget opt-in permit under 9VAC5-140-830 is submitted and not denied or
withdrawn; or
3. Any purchaser of power from a NOx Budget unit or
from a unit for which an application for a NOx Budget opt-in permit
under 9VAC5-140-830 is submitted and not denied or withdrawn under a
life-of-the-unit, firm power contractual arrangement. However, unless expressly
provided for in a leasehold agreement, owner shall not include a passive
lessor, or a person who has an equitable interest through such lessor, whose
rental payments are not based, either directly or indirectly, upon the revenues
or income from the NOx Budget unit or the unit for which an
application for a NOx Budget opt-in permit under 9VAC5-140-830 is
submitted and not denied or withdrawn; or
4. With respect to any general account, any person who has
an ownership interest with respect to the NOx allowances held in the
general account and who is subject to the binding agreement for the NOx
authorized account representative to represent that person's ownership interest
with respect to NOx allowances.
"Permitting authority" means the State Air Pollution Control Board.
"Receive" or "receipt of" means, when referring to the permitting authority or the administrator, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the permitting authority or the administrator in the regular course of business.
"Recordation," "record," or
"recorded" means, with regard to NOx allowances, the
movement of NOx allowances by the administrator from one NOx
Allowance Tracking System account to another, for purposes of allocation,
transfer, or deduction.
"Reference method" means any direct test method of sampling and analyzing for an air pollutant as specified in Appendix A of 40 CFR Part 60.
"Serial number" means, when referring to NOx
allowances, the unique identification number assigned to each NOx
allowance by the administrator under 9VAC5-140-530 F.
"Set-aside percentage" means 5.0% for each of the
years 2004 through 2008 or 2.0% for the year 2009 and each year thereafter.
"Source" means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any regulated air pollutant under the CAA. For purposes of § 502(c) of the CAA, a "source," including a "source" with multiple units, shall be considered a single "facility."
"State" means the Commonwealth of Virginia. The term "state" shall have its conventional meaning where such meaning is clear from the context.
"State operating permit" means a permit issued under Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5 Chapter 80.
"State operating permit regulations" means the regulations codified in Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5 Chapter 80.
"State trading program budget" means the total
number of NOx tons set forth in 9VAC5-140-900 and apportioned to all
NOx Budget units in accordance with the NOx Budget
Trading Program for use in a given control period.
"Submit or serve" means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
1. In person;
2. By United States Postal Service; or
3. By other means of dispatch or transmission and delivery. Compliance with any "submission," "service," or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
"Title V operating permit" means a permit issued under Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80.
"Title V operating permit regulations" means the regulations codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of Part II of 9VAC5 Chapter 80.
"Ton" or "tonnage" means any "short
ton" (i.e., 2,000 pounds). For the purpose of determining compliance
with the NOx Budget emissions limitation, total Total
tons for a control period shall be calculated as the sum of all recorded hourly
emissions (or the tonnage equivalent of the recorded hourly emissions rates) in
accordance with Article 8 (9VAC5-140-700 et seq.) of this part, with any
remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal
one ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons.
"Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.
"Unit load" means the total (i.e., gross) output
of a unit in any control period (or other specified time period) produced by
combusting a given heat input of fuel, expressed in terms of:
1. The total electrical generation (MWe) produced by the
unit, including generation for use within the plant; or
2. In the case of a unit that uses heat input for purposes
other than electrical generation, the total steam pressure (psia) produced by
the unit, including steam for use by the unit.
"Unit operating day" means a calendar day in which a unit combusts any fuel.
"Unit operating hour" or "hour of unit operation" means any hour (or fraction of an hour) during which a unit combusts any fuel.
"Utilization" means the heat input (expressed in
mmBtu/time) for a unit. The unit's total heat input for the control period in
each year shall be determined in accordance with 40 CFR Part 75 if the NOx
Budget unit was otherwise subject to the requirements of 40 CFR Part 75 for the
year, or shall be based on the best available data reported to the
administrator for the unit if the unit was not otherwise subject to the
requirements of 40 CFR Part 75 for the year.
9VAC5-140-30. Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this part are defined as follows:
Btu-British thermal unit.
hr-hour.
Kwh-kilowatt hour.
lb-pounds.
mmBtu-million Btu.
MWe-megawatt electrical.
psia-pounds per square inch absolute.
ton-2000 pounds.
CO2-carbon dioxide.
NOx-nitrogen oxides.
O2-oxygen.
9VAC5-140-35. Federal regulations incorporated by reference.
A. The U.S. Environmental Protection Agency regulations cited
in this part are, unless indicated otherwise, incorporated by reference into this
part as amended by the word or phrase substitutions given in subsection B of
this section. The complete text of the federal regulations incorporated herein
by reference is contained in 40 CFR Part 75 and 40 CFR Part 97. The 40
CFR part and section numbers appearing throughout this part identify the
specific provisions of the federal regulations incorporated by reference. The
specific version of the federal regulations adopted by reference shall be that
contained in the CFR (2001) (2016) in effect July 1, 2001 July
1, 2016. Reference to the various provisions of the Code of Federal
Regulations are structured as in the following example: 40 CFR Part 75 means
Part 75 of Title 40 of the Code of Federal Regulations; 40 CFR 75.1 means
Section 75.1 in Part 75 of Title 40 of the Code of Federal Regulations.
B. In all of the federal regulations incorporated by reference substitute:
1. "Board" for "administrator."
2. "Board" for "U.S. Environmental Protection Agency" (except in references).
9VAC5-140-40. Applicability.
A. The Except as provided in subdivision 3 the
following units shall be NOx Budget units, and any source that
includes one or more such units shall be a NOx Budget source,
subject to the requirements of this part:
1. a. For units that commenced operation before January 1, 1997, a unit serving during 1995 or 1996 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid.
b. For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit serving during 1997 or 1998 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid.
c. For units that commence operation on or after January 1, 1999, a unit serving at any time a generator that has a nameplate capacity greater than 25 MWe and produces electricity for sale.
2. a. For units that commenced operation before January
1, 1997, a unit that has a maximum design heat input greater than 250 mmBtu/hr
and that did not serve during 1995 or 1996 a generator producing electricity
for sale under a firm contract to the electric grid.
3. For units covered by the Cross-State Air Pollution Rule, an exemption to this chapter shall apply.
b. 4. For units that commenced operation on or
after January 1, 1997, and before January 1, 1999, a unit that has a maximum
design heat input greater than 250 mmBtu/hr and that did not serve during 1997
or 1998 a generator producing electricity for sale under a firm contract to the
electric grid.
c. 5. For units that commence operation on or
after January 1, 1999, a unit with a maximum design heat input greater than 250
mmBtu/hr that:
(1) At at no time serves a generator producing
electricity for sale; or
(2) At any time serves a generator producing electricity
for sale, if any such generator has a nameplate capacity of 25 MWe or less and
has the potential to use no more than 50% of the potential electrical output
capacity of the unit.
B. 1. Notwithstanding subsection A of this section, a unit
under subdivision A 1 or A 2 of this section that has a federally enforceable
permit that restricts the unit to combusting only natural gas or fuel oil (as
defined in 40 CFR 75.2) during a control period and includes a NOx
emission limitation restricting NOx emissions during a control
period to 25 tons or less and that includes the provisions in subdivision B 4
of this section shall be exempt from the requirements of the NOx
Budget Trading Program, except for the provisions of this subsection,
9VAC5-140-20, 9VAC5-140-30, subsection A of this section, 9VAC5-140-70, and
Article 5 (9VAC5-140-400 et seq.), Article 6 (9VAC5-140-500 et seq.), and
Article 7 (9VAC5-140-600 et seq.) of this part. The NOx emission
limitation under this subdivision shall restrict NOx emissions
during the control period by limiting unit operating hours. The restriction on
unit operating hours shall be calculated by dividing 25 tons by the unit's
maximum potential hourly NOx mass emissions, which shall equal the
unit's maximum rated hourly heat input multiplied by the highest default NOx
emission rate otherwise applicable to the unit under 40 CFR 75.19.
2. The exemption under subdivision 1 of this subsection
shall become effective as follows:
a. The exemption shall become effective on the date on
which the NOx emission limitation and the special provisions in the
permit under subdivision 1 of this subsection become final; or
b. If the NOx emission limitation and the
special provisions in the permit under subdivision 1 of this subsection become
final during a control period and after the first date on which the unit
operates during such control period, then the exemption shall become effective
on May 1 of such control period, provided that such NOx emission
limitation and the special provisions apply to the unit as of such first date
of operation. If such NOx emission limitation and special provisions
do not apply to the unit as of such first date of operation, then the exemption
under subdivision 1 of this subsection shall become effective on October 1 of
the year during which such NOx emission limitation and the special
provisions become final.
3. The permitting authority that issues a federally enforceable
permit under subdivision 1 of this subsection for a unit under subdivision A 1
or A 2 of this section will provide the administrator written notice of the
issuance of such permit and, upon request, a copy of the permit.
4. a. A unit exempt under subdivision 1 of this subsection
shall comply with the restriction on fuel use and unit operating hours
described in subdivision 1 of this subsection during the control period in each
year.
b. The permitting authority will allocate NOx
allowances to the unit under 9VAC5-140-410 A through C and 9VAC5-140-420 A
through C. For each control period for which the unit is allocated NOx
allowances under 9VAC5-140-410 A through C and 9VAC5-140-420 A through C,
(1) The owners and operators of the unit shall specify a general
account, in which the administrator will record the NOx allowances;
and
(2) After the administrator records NOx
allowance allocations under 9VAC5-140-410 A through C and 9VAC5-140-420 A
through C, the administrator will deduct, from the general account under
subdivision 4 b (1) of this subsection, NOx allowances that are
allocated for the same or a prior control period as the NOx
allowances allocated to the unit under 9VAC5-140-410 A through C and
9VAC5-140-420 A through C and that equal the NOx emission limitation
(in tons of NOx) on which the unit's exemption under subdivision 1
of this subsection is based. The NOx authorized account
representative shall ensure that such general account contains the NOx
allowances necessary for completion of such deduction.
c. A unit exempt under this subsection shall report hours
of unit operation during the control period in each year to the permitting
authority by November 1 of that year.
d. For a period of five years from the date the records are
created, the owners and operators of a unit exempt under subdivision 1 of this
subsection shall retain, at the source that includes the unit, records
demonstrating that the conditions of the federally enforceable permit under
subdivision 1 of this subsection were met, including the restriction on fuel
use and unit operating hours. The five-year period for keeping records may be
extended for cause, at any time prior to the end of the period, in writing by
the permitting authority or the administrator. The owners and operators bear
the burden of proof that the unit met the restriction on fuel use and unit
operating hours.
e. The owners and operators and, to the extent applicable,
the NOx authorized account representative of a unit exempt under subdivision
1 of this subsection shall comply with the requirements of the NOx
Budget Trading Program concerning all periods for which the exemption is not in
effect, even if such requirements arise, or must be complied with, after the
exemption takes effect.
f. On the earlier of the following dates, a unit exempt
under subdivision 1 of this subsection shall lose its exemption:
(1) The date on which the restriction on unit operating
hours described in subdivision 1 of this subsection is removed from the unit's
federally enforceable permit or otherwise becomes no longer applicable to any
control period starting in 2004; or
(2) The first date on which the unit fails to comply, or
with regard to which the owners and operators fail to meet their burden of proving
that the unit is complying, with the restriction on fuel use or unit operating
hours described in subdivision 1 of this subsection during any control period
starting in 2004.
g. A unit that loses its exemption in accordance with
subdivision 4 f of this subsection shall be subject to the requirements of this
part. For the purpose of applying permitting requirements under Article 3
(9VAC5-140-200 et seq.) of this part, allocating allowances under Article 5
(9VAC5-140-400 et seq.) of this part, and applying monitoring requirements
under Article 8 (9VAC5-140-700 et seq.) of this part, the unit shall be treated
as commencing operation and, if the unit is covered by subdivision A 1 of this
section, commencing commercial operation on the date the unit loses its
exemption.
h. A unit that is exempt under subdivision 1 of this
subsection shall not be eligible to be a NOx Budget opt-in unit
under Article 9 (9VAC5-140-800 et seq.) of this part.
9VAC5-140-50. Retired unit exemption.
A. This section applies to any NOx Budget unit,
other than a NOx Budget opt-in source, that is permanently
retired.
B. 1. Any NOx Budget unit, other than a NOx
Budget opt-in source, that is permanently retired shall be exempt from the
NOx Budget Trading Program, except for the provisions of this
section, 9VAC5-140-20, 9VAC5-140-30, 9VAC5-140-40, and 9VAC5-140-70 and
Article 5 (9VAC5-140-400 et seq.), Article 6 (9VAC5-140-500 et seq.), and
Article 7 (9VAC5-140-600 et seq.) of this part.
2. The exemption under subdivision 1 of this subsection shall become effective the day on which the unit is permanently retired. Within 30 days of permanent retirement, the NOx authorized account representative (authorized in accordance with Article 2 (9VAC5-140-100 et seq.) of this part) shall submit a statement to the permitting authority otherwise responsible for administering any NOx Budget permit for the unit. A copy of the statement shall be submitted to the administrator. The statement shall state (in a format prescribed by the permitting authority) that the unit is permanently retired and will comply with the requirements of subsection C of this section.
3. After receipt of the notice under subdivision 2 of this subsection, the permitting authority will amend any permit covering the source at which the unit is located to add the provisions and requirements of the exemption under subdivision 1 of this subsection and subsection C of this section.
C. 1. A unit exempt under this section shall not emit any
nitrogen oxides, starting on the date that the exemption takes effect. The
owners and operators of the unit shall be allocated allowances in accordance
with Article 5 (9VAC5-140-400 et seq.) of this part. For each control period
for which the unit is allocated one or more NOx allowances, the
owners and operators of the unit shall specify a general account, in which the
administrator will record such NOx allowances.
2. a. A unit exempt under this section and located at a source
that is required, or but for this exemption would be required, to have a Title
V operating permit shall not resume operation unless the NOx
authorized account representative of the source submits a complete NOx
Budget permit application under 9VAC5-140-220 for the unit not less than 18
months (or such lesser time provided by the permitting authority) prior to the
later of May 31, 2004, or the date on which the unit is to first resume
operation.
b. A unit exempt under this section and located at a source
that is required, or but for this exemption would be required, to have a state
operating permit shall not resume operation unless the NOx
authorized account representative of the source submits a complete NOx
Budget permit application under 9VAC5-140-220 for the unit not less than 18
months (or such lesser time provided by the permitting authority) prior to
the later of May 31, 2004, or the date on which the unit is to first resume
operation.
3. The owners and operators and, to the extent applicable, the
NOx authorized account representative of a unit exempt under this
section shall comply with the requirements of the NOx Budget Trading
Program concerning all periods for which the exemption is not in effect, even
if such requirements arise, or must be complied with, after the exemption takes
effect.
4. A unit that is exempt under this section is not eligible
to be a NOx Budget opt-in source under Article 9 (9VAC5-140-800 et
seq.) of this part.
5. For a period of five years from the date the records
are created, the owners and operators of a unit exempt under this section shall
retain at the source that includes the unit, records demonstrating that the
unit is permanently retired. The five-year period for keeping records may be
extended for cause, at any time prior to the end of the period, in writing by
the permitting authority or the administrator. The owners and operators bear
the burden of proof that the unit is permanently retired.
6. a. On the earlier of the following dates, a unit
exempt under subsection B of this section shall lose its exemption:
(1) The date on which the NOx authorized account representative submits a NOx Budget permit application under subdivision 2 of this subsection;
(2) The date on which the NOx authorized account representative is required under subdivision 2 of this subsection to submit a NOx Budget permit application; or
(3) The date on which the unit resumes operation, if the unit is not required to submit a NOx Budget permit application.
b. For the purpose of applying monitoring requirements under Article 8 (9VAC5-140-700 et seq.) of this part, a unit that loses its exemption under this section shall be treated as a unit that commences operation or commercial operation on the first date on which the unit resumes operation.
9VAC5-140-60. Standard requirements.
A. The following requirements concerning permits shall apply:
1. The NOx authorized account representative of each NOx Budget source required to have a federally enforceable permit and each NOx Budget unit required to have a federally enforceable permit at the source shall:
a. Submit to the permitting authority a complete NOx Budget permit application under 9VAC5-140-220 in accordance with the deadlines specified in 9VAC5-140-210 B and C;
b. Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a NOx Budget permit application and issue or deny a NOx Budget permit.
2. The owners and operators of each NOx Budget source required to have a federally enforceable permit and each NOx Budget unit required to have a federally enforceable permit at the source shall have a NOx Budget permit issued by the permitting authority and operate the unit in compliance with such NOx Budget permit.
3. The owners and operators of a NOx Budget source that is not otherwise required to have a federally enforceable permit are not required to submit a NOx Budget permit application, and to have a NOx Budget permit, under Article 3 (9VAC5-140-200 et seq.) of this part for such NOx Budget source.
B. The following requirements concerning monitoring shall apply:
1. The owners and operators and, to the extent applicable, the NOx authorized account representative of each NOx Budget source and each NOx Budget unit at the source, shall comply with the monitoring requirements of Article 8 (9VAC5-140-700 et seq.) of this part.
2. The emissions measurements recorded and reported in
accordance with Article 8 (9VAC5-140-700 et seq.) of this part shall be used to
determine compliance by the unit with the NOx Budget emissions
limitation under subsection C of this section.
C. The following requirements concerning nitrogen oxides
shall apply:
1. The owners and operators of each NOx Budget
source and each NOx Budget unit at the source shall hold NOx
allowances available for compliance deductions under 9VAC5-140-540 A, B, E, or
F, as of the NOx allowance transfer deadline, in the unit's
compliance account and the source's overdraft account in an amount not less
than the total NOx emissions for the control period from the unit,
as determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this
part, plus any amount necessary to account for actual utilization under
9VAC5-140-420 E for the control period or to account for excess emissions for a
prior control period under 9VAC5-140-540 D or to account for withdrawal from
the NOx Budget Trading Program, or a change in regulatory status, of
a NOx Budget opt-in unit under 9VAC5-140-860 or 9VAC5-140-870.
2. Each ton of nitrogen oxides emitted in excess of the NOx
Budget emissions limitation shall constitute a separate violation of this part,
the CAA, and the Virginia Air Pollution Control Law.
3. A NOx Budget unit shall be subject to the
requirements under subdivision 1 of this subsection starting on the later of
May 31, 2004, or the date on which the unit commences operation.
4. NOx allowances shall be held in, deducted
from, or transferred among NOx Allowance Tracking System accounts in
accordance with Article 5 (9VAC5-140-400 et seq.), Article 6 (9VAC5-140-500 et
seq.), Article 7 (9VAC5-140-600 et seq.), and Article 9 (9VAC5-140-800 et seq.)
of this part.
5. A NOx allowance shall not be deducted, in
order to comply with the requirements under subdivision 1 of this subsection,
for a control period in a year prior to the year for which the NOx
allowance was allocated.
6. A NOx allowance allocated by the permitting
authority or the administrator under the NOx Budget Trading Program
is a limited authorization to emit one ton of nitrogen oxides in accordance
with the NOx Budget Trading Program. No provision of the NOx
Budget Trading Program, the NOx Budget permit application, the NOx
Budget permit, or an exemption under 9VAC5-140-50 and no provision of law shall
be construed to limit the authority of the United States or the state to
terminate or limit such authorization.
7. A NOx allowance allocated by the permitting
authority or the administrator under the NOx Budget Trading Program
does not constitute a property right.
8. Upon recordation by the administrator under Article 6
(9VAC5-140-500 et seq.), Article 7 (9VAC5-140-600 et seq.), or Article 9
(9VAC5-140-800 et seq.) of this part, every allocation, transfer, or deduction
of a NOx allowance to or from a NOx Budget unit's
compliance account or the overdraft account of the source where the unit is
located is deemed to amend automatically, and become a part of, any NOx
Budget permit of the NOx Budget unit by operation of law without any
further review.
D. The owners and operators of a NOx Budget unit
that has excess emissions in any control period shall:
1. Surrender the NOx allowances required for
deduction under 9VAC5-140-540 D 1; and
2. Pay any fine, penalty, or assessment or comply with any
other remedy imposed under 9VAC5-140-540 D 3.
E. C. The following requirements concerning
recordkeeping and reporting shall apply:
1. Unless otherwise provided, the owners and operators of the NOx Budget source and each NOx Budget unit at the source shall keep on site at the source each of the following documents for a period of five years from the date the document is created. This period may be extended for cause, at any time prior to the end of five years, in writing by the permitting authority or the administrator.
a. The account certificate of representation for the NOx authorized account representative for the source and each NOx Budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with 9VAC5-140-130; provided that the certificate and documents shall be retained on site at the source beyond such five-year period until such documents are superseded because of the submission of a new account certificate of representation changing the NOx authorized account representative.
b. All emissions monitoring information, in accordance with Article 8 (9VAC5-140-700 et seq.) of this part; provided that to the extent that Article 8 (9VAC5-140-700 et seq.) of this part provides for a three-year period for recordkeeping, the three-year period shall apply.
c. Copies of all reports, compliance certifications, and other
submissions and all records made or required under the NOx Budget Trading
Program.
d. Copies of all documents used to complete a NOx Budget
permit application and any other submission under the NOx Budget Trading
Program or to demonstrate compliance with the requirements of the NOx
Budget Trading Program.
2. The NOx authorized account representative of a NOx
Budget source and each NOx Budget unit at the source shall submit
the reports and compliance certifications required under the NOx
Budget Trading Program, including those under Article 4
(9VAC5-140-300 et seq.), Article 8 (9VAC5-140-700 et seq.), or Article 9
(9VAC5-140-800 et seq.) of this part.
F. D. The following requirements concerning
liability shall apply:
1. Any person who knowingly violates any requirement or
prohibition of the NOx Budget Trading Program, a NOx
Budget permit, or an exemption under 9VAC5-140-50 shall be subject to
enforcement pursuant to the Air Pollution Control Law of Virginia or applicable
federal law.
2. Any person who knowingly makes a false material statement in
any record, submission, or report under the NOx Budget Trading
Program shall be subject to criminal enforcement pursuant to the Air Pollution
Control Law of Virginia or applicable federal law.
3. No permit revision shall excuse any violation of the
requirements of the NOx Budget Trading Program that occurs
prior to the date that the revision takes effect.
4. Each NOx Budget source and each NOx
Budget unit shall meet the requirements of the NOx Budget Trading
Program.
5. Any provision of the NOx Budget Trading
Program that applies to a NOx Budget source (including a provision
applicable to the NOx authorized account representative of a NOx
Budget source) shall also apply to the owners and operators of such source and
of the NOx Budget units at the source.
6. Any provision of the NOx Budget Trading
Program that applies to a NOx Budget unit (including a provision
applicable to the NOx authorized account representative of a NOx
budget unit) shall also apply to the owners and operators of such unit. Except
with regard to the requirements applicable to units with a common stack under
Article 8 (9VAC5-140-700 et seq.) of this part, the owners and operators and
the NOx authorized account representative of one NOx
Budget unit shall not be liable for any violation by any other NOx
Budget unit of which they are not owners or operators or the NOx
authorized account representative and that is located at a source of which they
are not owners or operators or the NOx authorized account
representative.
G. E. No provision of the NOx Budget Trading
Program, a NOx Budget permit application, a NOx Budget
permit, or an exemption under 9VAC5-140-50 shall be construed as exempting or
excluding the owners and operators and, to the extent applicable, the NOx
authorized account representative of a NOx Budget source or NOx
Budget unit from compliance with any other provision of the applicable
implementation plan, a federally enforceable permit, or the CAA.
9VAC5-140-70. Computation of time.
A. Unless otherwise stated, any time period scheduled under the NOx Budget Trading Program to begin on the occurrence of an act or event shall begin on the day the act or event occurs.
B. Unless otherwise stated, any time period scheduled under the NOx Budget Trading Program to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.
C. Unless otherwise stated, if the final day of any time period under the NOx Budget Trading Program falls on a weekend or a state or federal holiday, the time period shall be extended to the next business day.
Article 2
NOX Authorized Account Representative for NOX Budget
Sources
9VAC5-140-100. Authorization and responsibilities of the NOx authorized account representative.
A. Except as provided under 9VAC5-140-110, each NOx
Budget source, including all NOx Budget units at the source, shall
have one and only one NOx authorized account representative with
regard to all matters under the NOx Budget Trading Program
concerning the source or any NOx Budget unit at the source.
B. The NOx authorized account representative of the NOx Budget source shall be selected by an agreement binding on the owners and operators of the source and all NOx Budget units at the source.
C. Upon receipt by the administrator of a complete account certificate of representation under 9VAC5-140-130, the NOx authorized account representative of the source shall represent and, by his representations, actions, inactions, or submissions, legally bind each owner and operator of the NOx Budget source represented and each NOx Budget unit at the source in all matters pertaining to the NOx Budget Trading Program, notwithstanding any agreement between the NOx authorized account representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the NOx authorized account representative by the permitting authority, the administrator, or a court regarding the source or unit.
D. No NOx Budget permit shall be issued, and no
NOx Allowance Tracking System account shall be established for a
NOx Budget unit at a source, until the administrator has
received a complete account certificate of representation under 9VAC5-140-130
for a NOx authorized account representative of the source and the NOx
Budget units at the source.
E. 1. Each submission under the NOx Budget Trading
Program shall be submitted, signed, and certified by the NOx
authorized account representative for each NOx Budget source on
behalf of which the submission is made. Each such submission shall include the
following certification statement by the NOx authorized account
representative: "I am authorized to make this submission on behalf of the
owners and operators of the NOx Budget sources or NOx
Budget units for which the submission is made. I certify under penalty of law
that I have personally examined, and am familiar with, the statements and
information submitted in this document and all its attachments. Based on my
inquiry of those individuals with primary responsibility for obtaining the
information, I certify that the statements and information are to the best of
my knowledge and belief true, accurate, and complete. I am aware that there are
significant penalties for submitting false statements and information or
omitting required statements and information, including the possibility of fine
or imprisonment."
2. The permitting authority and the administrator will accept or act on a submission made on behalf of owner or operators of a NOx Budget source or a NOx Budget unit only if the submission has been made, signed, and certified in accordance with subdivision 1 of this subsection.
9VAC5-140-110. Alternate NOx authorized account representative.
A. An account certificate of representation may designate one and only one alternate NOx authorized account representative who may act on behalf of the NOx authorized account representative. The agreement by which the alternate NOx authorized account representative is selected shall include a procedure for authorizing the alternate NOx authorized account representative to act in lieu of the NOx authorized account representative.
B. Upon receipt by the administrator of a complete account certificate of representation under 9VAC5-140-130, any representation, action, inaction, or submission by the alternate NOx authorized account representative shall be deemed to be a representation, action, inaction, or submission by the NOx authorized account representative.
C. Except in this section and 9VAC5-140-100 A, 9VAC5-140-120,
9VAC5-140-130, and 9VAC5-140-510, whenever the term "NOx
authorized account representative" is used in this part, the term shall be
construed to include the alternate NOx authorized account
representative.
9VAC5-140-120. Changing the NOx authorized account representative and the alternate NOx authorized account representative; changes in the owners and operators.
A. The NOx authorized account representative may be changed at any time upon receipt by the administrator of a superseding complete account certificate of representation under 9VAC5-140-130. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous NOx authorized account representative prior to the time and date when the administrator receives the superseding account certificate of representation shall be binding on the new NOx authorized account representative and the owners and operators of the NOx Budget source and the NOx Budget units at the source.
B. The alternate NOx authorized account representative may be changed at any time upon receipt by the administrator of a superseding complete account certificate of representation under 9VAC5-140-130. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate NOx authorized account representative prior to the time and date when the administrator receives the superseding account certificate of representation shall be binding on the new alternate NOx authorized account representative and the owners and operators of the NOx Budget source and the NOx Budget units at the source.
C. 1. In the event a new owner or operator of a NOx Budget source or a NOx Budget unit is not included in the list of owners and operators submitted in the account certificate of representation, such new owner or operator shall be deemed to be subject to and bound by the account certificate of representation, the representations, actions, inactions, and submissions of the NOx authorized account representative and any alternate NOx authorized account representative of the source or unit, and the decisions, orders, actions, and inactions of the permitting authority or the administrator, as if the new owner or operator were included in such list.
2. Within 30 days following any change in the owners and operators of a NOx Budget source or a NOx Budget unit, including the addition of a new owner or operator, the NOx authorized account representative or alternate NOx authorized account representative shall submit a revision to the account certificate of representation amending the list of owners and operators to include the change.
9VAC5-140-130. Account certificate of representation.
A. A complete account certificate of representation for a NOx authorized account representative or an alternate NOx authorized account representative shall include the following elements in a format prescribed by the administrator:
1. Identification of the NOx Budget source and each NOx Budget unit at the source for which the account certificate of representation is submitted.
2. The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NOx authorized account representative and any alternate NOx authorized account representative.
3. A list of the owners and operators of the NOx Budget source and of each NOx Budget unit at the source.
4. The following certification statement by the NOx
authorized account representative and any alternate NOx authorized
account representative: "I certify that I was selected as the NOx
authorized account representative or alternate NOx authorized
account representative, as applicable, by an agreement binding on the owners
and operators of the NOx Budget source and each NOx
Budget unit at the source. I certify that I have all the necessary authority to
carry out my duties and responsibilities under the NOx Budget Trading
Program on behalf of the owners and operators of the NOx Budget
source and of each NOx Budget unit at the source and that each such
owner and operator shall be fully bound by my representations, actions,
inactions, or submissions and by any decision or order issued to me by the
permitting authority, the administrator, or a court regarding the source or
unit."
5. The signature of the NOx authorized account representative and any alternate NOx authorized account representative and the dates signed.
B. Unless otherwise required by the permitting authority or the administrator, documents of agreement referred to in the account certificate of representation shall not be submitted to the permitting authority or the administrator. Neither the permitting authority nor the administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
9VAC5-140-140. Objections concerning the NOx authorized account representative.
A. Once a complete account certificate of representation under 9VAC5-140-130 has been submitted and received, the permitting authority and the administrator shall rely on the account certificate of representation unless and until a superseding complete account certificate of representation under 9VAC5-140-130 is received by the administrator.
B. Except as provided in 9VAC5-140-120 A or B, no objection or
other communication submitted to the permitting authority or the administrator
concerning the authorization, or any representation, action, inaction, or
submission of the NOx authorized account representative shall affect
any representation, action, inaction, or submission of the NOx
authorized account representative or the finality of any decision or order by
the permitting authority or the administrator under the NOx Budget Trading
Program.
C. Neither the permitting authority nor the administrator shall adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any NOx authorized account representative, including private legal disputes concerning the proceeds of NOx allowance transfers.
Article 3
Permits
9VAC5-140-200. General NOx Budget trading program permit requirements.
A. For each NOx Budget source required to have a federally enforceable permit, such permit shall include a NOx Budget permit administered by the permitting authority.
1. For NOx Budget sources required to have a Title V
operating permit, the NOx Budget portion of the Title V permit shall
be administered in accordance with the permitting authority's Title V operating
permits regulations, except as provided otherwise by this article or Article
9 (9VAC5-140-800 et seq.) of this part.
2. For NOx Budget sources required to have a state
operating permit, the NOx Budget portion of the state operating
permit shall be administered in accordance with the permitting authority's
regulations promulgated to administer state operating permits, except as
provided otherwise by this article or Article 9 (9VAC5-140-800 et seq.) of this
part.
B. Each NOx Budget permit (including a draft or proposed
NOx Budget permit, if applicable) shall contain all applicable NOx
Budget Trading Program requirements and shall be a complete and
segregable portion of the permit under subsection A of this section.
9VAC5-140-210. Submission of NOx Budget permit applications.
A. The NOx authorized account representative of any NOx Budget source required to have a federally enforceable permit shall submit to the permitting authority a complete NOx Budget permit application under 9VAC5-140-220 by the applicable deadline in subsection B of this section.
B. 1. The following requirements shall apply to NOx Budget sources required to have a Title V operating permit:
a. For any source with one or more NOx Budget units under 9VAC5-140-40 that commenced operation before January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget units to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before May 31, 2004.
b. For any source with any NOx Budget unit under 9VAC5-140-40 that commences operation on or after January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget unit to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before the later of May 31, 2004, or the date on which the NOx Budget unit commences operation.
2. The following requirements shall apply to NOx Budget sources required to have a state operating permit:
a. For any source with one or more NOx Budget units under 9VAC5-140-40 that commenced operation before January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget units to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before May 31, 2004.
b. For any source with any NOx Budget unit under 9VAC5-140-40 that commences operation on or after January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget unit to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before the later of May 31, 2004, or the date on which the NOx Budget unit commences operation.
C. For a NOx Budget source required to have a Title V operating permit, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 for the NOx Budget source covering the NOx Budget units at the source in accordance with the permitting authority's Title V operating permits regulations addressing operating permit renewal.
9VAC5-140-220. Information requirements for NOx Budget permit applications.
A complete NOx Budget permit application shall include the following elements concerning the NOx Budget source for which the application is submitted, in a format prescribed by the permitting authority:
1. Identification of the NOx Budget source, including plant name and the ORIS (Office of Regulatory Information Systems) or facility code assigned to the source by the Energy Information Administration, if applicable;
2. Identification of each NOx Budget unit at the NOx
Budget source and whether it is a NOx Budget unit under
9VAC5-140-40 or under Article 9 (9VAC5-140-800 et seq.) of this part; and
3. The standard requirements under 9VAC5-140-60; and.
4. For each NOx Budget opt-in unit at the NOx
Budget source, the following certification statements by the NOx
authorized account representative:
a. "I certify that each unit for which this permit
application is submitted under Article 9 (9VAC5-140-800 et seq.) of 9VAC5
Chapter 140 is not a NOx Budget unit under 9VAC5-140-40 and is not
covered by an exemption under 9VAC5-140-40 B or 9VAC5-140-50 that is in
effect."
b. If the application is for an initial NOx
Budget opt-in permit, "I certify that each unit for which this permit
application is submitted under Article 9 (9VAC5-140-800 et seq.) of 9VAC5
Chapter 140 is currently operating, as that term is defined under
9VAC5-140-20."
9VAC5-140-230. NOx Budget permit contents.
A. Each NOx Budget permit (including any draft or proposed NOx Budget permit, if applicable) will contain all elements required for a complete NOx Budget permit application under 9VAC5-140-220.
B. Each NOx Budget permit is deemed to incorporate
automatically the definitions of terms under 9VAC5-140-20 and, upon
recordation by the administrator under Article 6 (9VAC5-140-500 et seq.),
Article 7 (9VAC5-140-600 et seq.), or Article 9 (9VAC5-140-800 et seq.) of this
part, every allocation, transfer, or deduction of a NOx allowance to
or from the compliance accounts of the NOx Budget units covered by
the permit or the overdraft account of the NOx Budget source covered
by the permit.
9VAC5-140-240. Effective date of initial NOx Budget permit.
The initial NOx Budget permit covering a NOx Budget unit for which a complete NOx Budget permit application is timely submitted under 9VAC5-140-210 B shall become effective by the later of:
1. May 31, 2004;
2. May 1 of the year in which the NOx Budget unit commences operation, if the unit commences operation on or before May 1 of that year;
3. The date on which the NOx Budget unit commences operation, if the unit commences operation during a control period; or
4. May 1 of the year following the year in which the NOx Budget unit commences operation, if the unit commences operation on or after October 1 of the year.
9VAC5-140-250. NOx Budget permit revisions.
A. For a NOx Budget source with a Title V operating permit, except as provided in 9VAC5-140-230 B, the permitting authority will revise the NOx Budget permit, as necessary, in accordance with the permitting authority's Title V operating permit regulations addressing permit revisions.
B. For a NOx Budget source with a state operating permit, except as provided in 9VAC5-140-230 B, the permitting authority will revise the NOx Budget permit, as necessary, in accordance with the permitting authority's state operating permit regulations addressing permit revisions.
Article 4
Compliance Certification (Repealed.)
9VAC5-140-300. Compliance certification report. (Repealed.)
A. For each control period in which one or more NOx
Budget units at a source are subject to the NOx Budget emissions
limitation, the NOx authorized account representative of the source
shall submit to the permitting authority and the administrator by November 30
of that year a compliance certification report for each source covering all
such units.
B. The NOx authorized account representative
shall include in the compliance certification report under subsection A of this
section the following elements, in a format prescribed by the administrator,
concerning each unit at the source and subject to the NOx Budget
emissions limitation for the control period covered by the report:
1. Identification of each NOx Budget unit;
2. At the NOx authorized account representative's
option, the serial numbers of the NOx allowances that are to be
deducted from each unit's compliance account under 9VAC5-140-540 for the
control period;
3. At the NOx authorized account representative's
option, For units sharing a common stack and having NOx emissions
that are not monitored separately or apportioned in accordance with Article 8
(9VAC5-140-700 et seq.) of this part, the percentage of allowances that is to
be deducted from each unit's compliance account under 9VAC5-140-540 E; and
4. The compliance certification under subsection C of this
section.
C. In the compliance certification report under subsection
A of this section, the NOx authorized account representative shall
certify, based on reasonable inquiry of those persons with primary
responsibility for operating the source and the NOx Budget units at
the source in compliance with the NOx Budget Trading Program,
whether each NOx Budget unit for which the compliance certification
is submitted was operated during the calendar year covered by the report in
compliance with the requirements of the NOx Budget Trading Program
applicable to the unit, including:
1. Whether the unit was operated in compliance with the NOx
Budget emissions limitation;
2. Whether the monitoring plan that governs the unit has
been maintained to reflect the actual operation and monitoring of the unit, and
contains all information necessary to attribute NOx emissions to the
unit, in accordance with Article 8 (9VAC5-140-700 et seq.) of this part;
3. Whether all the NOx emissions from the unit,
or a group of units (including the unit) using a common stack, were monitored
or accounted for through the missing data procedures and reported in the
quarterly monitoring reports, including whether conditional data were reported
in the quarterly reports in accordance with Article 8 (9VAC5-140-700 et seq.)
of this part. If conditional data were reported, the owner or operator shall
indicate whether the status of all conditional data has been resolved and all
necessary quarterly report resubmissions have been made;
4. Whether the facts that form the basis for certification
under Article 8 (9VAC5-140-700 et seq.) of this part of each monitor at the
unit or a group of units (including the unit) using a common stack, or for
using an excepted monitoring method or alternative monitoring method approved
under Article 8 (9VAC5-140-700 et seq.) of this part, if any, has changed; and
5. If a change is required to be reported under subdivision
4 of this subsection, specify the nature of the change, the reason for the
change, when the change occurred, and how the unit's compliance status was
determined subsequent to the change, including what method was used to
determine emissions when a change mandated the need for monitor
recertification.
9VAC5-140-310. Permitting authority's and administrator's
action on compliance certifications. (Repealed.)
A. The permitting authority or the administrator may review
and conduct independent audits concerning any compliance certification or any other
submission under the NOx Budget Trading Program and make appropriate
adjustments of the information in the compliance certifications or other
submissions.
B. The administrator may deduct NOx allowances
from or transfer NOx allowances to a unit's compliance account or a
source's overdraft account based on the information in the compliance
certifications or other submissions, as adjusted under subsection A of this
section.
Article 5
NOx Allowance Allocations (Repealed.)
9VAC5-140-400. State trading program budget. (Repealed.)
In accordance with 9VAC5-140-410 and 9VAC5-140-420, the
permitting authority will allocate to the NOx Budget units under 9VAC5-140-40
A, for each control period specified in 9VAC5-140-410, a total number of NOx
allowances equal to the trading program budget covering such units.
9VAC5-140-410. Timing requirements for NOx
allowance allocations. (Repealed.)
A. By July 1, 2002, the permitting authority will submit to
the administrator the NOx allowance allocations, determined in accordance
with 9VAC5-140-420 A through C, for the control periods in 2004 through 2008.
B. By April 1, 2006, the permitting authority will submit
to the administrator the NOx allowance allocations, determined in
accordance with 9VAC5-140-420 A through C, for the control periods in 2009
through 2013. If the permitting authority fails to submit to the administrator
the NOx allowance allocations in accordance with this subsection,
the administrator will allocate, for the applicable control period, the same number
of NOx allowances as were allocated for the preceding control
period.
C. By April 1, 2011, by April 1, 2016, and thereafter by
April 1 of the year that is five years after the last year for which NOx
allowances allocations are determined, the permitting authority will submit to
the administrator the NOx allowance allocations, determined in
accordance with 9VAC5-140-420 A through C, for the control periods in the years
that are three, four, five, six, and seven years after the applicable deadline
under this subsection. If the permitting authority fails to submit to the
administrator the NOx allowance allocations in accordance with this
subsection, the administrator will allocate, for the applicable control period,
the same number of NOx allowances as were allocated for the
preceding control period.
D. By April 1, 2004, and April 1 of each year thereafter,
the permitting authority will submit to the administrator the NOx
allowance allocations, in accordance with 9VAC5-140-420 D, for the control
period in the year of the applicable deadline under this subsection.
9VAC5-140-420. NOx allowance allocations. (Repealed.)
A. 1. The heat input (in mmBtu) used for calculating NOx
allowance allocations for each NOx Budget unit under 9VAC5-140-40 A
shall be:
a. For a NOx allowance allocation under
9VAC5-140-410 A:
(1) For a unit under 9VAC5-140-40 A 1, the average of the
two highest amounts of the unit's heat input for the control periods in 1995
through 1999; or
(2) For a unit under 9VAC5-140-40 A 2, the control period
in 1995 or, if the permitting authority determines that reasonably reliable
data are available for control periods in 1996 through 1999, the average of the
two highest amounts of the unit's heat input for the control periods in 1995
through 1999.
b. For a NOx allowance allocation under
9VAC5-140-410 B, the average of the two highest amounts of the unit's heat
input for the control periods in 2001 through 2005. If the unit is under
9VAC5-140-40 A and has less than two control periods of heat input, it shall
not be required to average a zero balance to determine the average under this
subdivision.
c. For a NOx allowance allocation under
9VAC5-140-410 C, the average of the two highest amounts of the unit's heat
input for the control period in the years that are four, five, six, seven, and
eight years before the first year for which the allocation is being calculated.
If the unit is under 9VAC5-140-40 A and has less than two control periods of
heat input, it shall not be required to average a zero balance to determine the
average under this subdivision.
2. The unit's heat input for the control period in each year
specified under subdivision A 1 of this section shall be determined in
accordance with 40 CFR Part 75. Notwithstanding the first sentence of this
subdivision:
a. For a NOx allowance allocation under
9VAC5-140-410 A, such heat input shall be determined using the best available
data reported to the permitting authority for the unit if the unit was not
otherwise subject to the requirements of 40 CFR Part 75 for the control period.
b. For a NOx allowance allocation under
9VAC5-140-410 B or C for a unit exempt under 9VAC5-140-40 B, such heat input
shall be treated as zero if the unit is exempt under 9VAC5-140-40 B during the
control period.
B. For each group of five control periods specified in
9VAC5-140-410 A through C, the permitting authority will allocate to all NOx
Budget units under 9VAC5-140-40 A 1 that commenced operation before May 1,
1998, for allocations under 9VAC5-140-410 A; May 1, 2004, for allocations under
9VAC5-140-410 B; and May 1 of the year five years before the first year for
which the allocation under 9VAC5-140-410 C is being calculated, a total number
of NOx allowances equal to the core trading program budget covering
such units. The permitting authority will allocate in accordance with the
following procedures:
1. The permitting authority will allocate NOx
allowances to each NOx Budget unit under 9VAC5-140-40 A 1 for each
control period in the following amounts:
a. For NOx Budget units that commenced operation
before May 1, 1998, an amount equaling 0.15 lb/mmBtu multiplied by the heat
input determined under subsection A of this section, divided by 2,000 lb/ton,
and rounded to the nearest whole number of NOX allowances as
appropriate.
b. For NOx Budget units that commenced operation
on or after May 1, 1998, an amount equaling the lesser of:
(1) 0.15 lb/mmBtu multiplied by the heat input determined
under subsection A of this section, divided by 2,000 lb/ton, and rounded to the
nearest whole number of NOx allowances as appropriate; or
(2) The unit's most stringent state or federal NOx
emission limitation multiplied by the heat input determined under subsection A
of this section, divided by 2,000 lb/ton, and rounded to the nearest whole
number of NOx allowances as appropriate.
2. If the initial total number of NOx allowances
allocated to all NOx Budget units under 9VAC5-140-40 A 1 for a
control period under subdivision 1 of this subsection does not equal the core
trading program budget covering such units, the permitting authority will
adjust the total number of NOx allowances allocated to all such NOx
Budget units for the control period under subdivision 1 of this subsection so
that the total number of NOx allowances allocated equals the core
trading program budget. This adjustment shall be made by: multiplying each
unit's allocation by the core trading program budget covering such units;
dividing by the total number of NOx allowances allocated under
subdivision 1 of this subsection for the control period; and rounding to the
nearest whole number of NOx allowances as appropriate.
C. For each group of five control periods specified in
9VAC5-140-410 A through C, the permitting authority will allocate to all NOx
Budget units under 9VAC5-140-40 A 2 that commenced operation before May 1,
1998, for allocations under 9VAC5-140-410 A; May 1, 2004, for allocations under
9VAC5-140-410 B; and May 1 of the year five years before the first year for
which the allocation under 9VAC5-140-410 C is being calculated, a total number
of NOx allowances equal to the core trading program budget covering
such units. The permitting authority will allocate in accordance with the
following procedures:
1. The permitting authority will allocate NOx
allowances to each NOx Budget unit under 9VAC5-140-40 A 2 for each
control period in the following amounts:
a. For NOx Budget units that commenced operation
before May 1, 1998, an amount equaling 0.17 lb/mmBtu multiplied by the heat
input determined under subsection A of this section, divided by 2,000 lb/ton, and
rounded to the nearest whole number of NOx allowances as
appropriate.
b. For NOx Budget units that commenced operation
on or after May 1, 1998, an amount equaling the lesser of:
(1) 0.17 lb/mmBtu multiplied by the heat input determined
under subsection A of this section, divided by 2,000 lb/ton, and rounded to the
nearest whole number of NOx allowances as appropriate; or
(2) The unit's most stringent state or federal NOx
emission limitation multiplied by the heat input determined under subsection A
of this section, divided by 2,000 lb/ton, and rounded to the nearest whole
number of NOx allowances as appropriate.
2. If the initial total number of NOx allowances
allocated to all NOx Budget units under 9VAC5-140-40 A 2 for a
control period under subdivision 1 of this subsection does not equal the core
trading program budget covering such units, the permitting authority will
adjust the total number of NOx allowances allocated to all such NOx
Budget units for the control period under subdivision 1 of this subsection so
that the total number of NOx allowances allocated equals the core
trading program budget covering such units. This adjustment shall be made by:
multiplying each unit's allocation by the core trading program budget covering
such units; dividing by the total number of NOx allowances allocated
under subdivision 1 of this subsection for the control period; and rounding to
the nearest whole number of NOx allowances as appropriate.
D. For each control period specified in 9VAC5-140-410 D,
the permitting authority will allocate NOx allowances to NOx
Budget units under 9VAC5-140-40 A (except for units exempt under 9VAC5-140-40
B) that commence operation, or are projected to commence operation, on or
after: May 1, 1998 (for control periods under 9VAC5-140-410 A); May 1, 2004
(for control periods under 9VAC5-140-410 B); and May 1 of the year five years
before the beginning of the group of five years that includes the control
period (for control periods under 9VAC5-140-410 C). The permitting authority will
make the allocations under this subsection in accordance with the following
procedures:
1. The permitting authority will establish one allocation
set-aside for each control period. Each allocation set-aside shall be allocated
NOx allowances equal to the allocation set-aside budget.
2. The NOx authorized account representative of a
NOx Budget unit specified in this subsection may submit to the
permitting authority a request, in a format specified by the permitting
authority, to be allocated NOx allowances for the control period.
The NOx allowance allocation request must be received by the
permitting authority on or after the date on which the permitting authority
issues a new source review program permit for the unit and by January 1 before
the control period for which NOx allowances are requested.
3. In a NOx allowance allocation request under
subdivision 2 of this subsection, the NOx authorized account
representative for a NOx Budget unit under 9VAC5-140-40 A 1 may
request for the control period NOx allowances in an amount that does
not exceed the lesser of:
a. 0.15 lb/mmBtu multiplied by the unit's maximum design
heat input, multiplied by the lesser of 3,672 hours or the number of hours
remaining in the control period starting with the day in the control period on
which the unit commences operation or is projected to commence operation,
divided by 2,000 lb/ton, and rounded to the nearest whole number of NOx
allowances as appropriate; or
b. The unit's most stringent state or federal NOx
emission limitation multiplied by the unit's maximum design heat input,
multiplied by the lesser of 3,672 hours or the number of hours remaining in the
control period starting with the day in the control period on which the unit
commences operation or is projected to commence operation, divided by 2,000
lb/ton, and rounded to the nearest whole number of NOx allowances as
appropriate.
4. In a NOx allowance allocation request under
subdivision 2 of this subsection, the NOx authorized account
representative for a NOx Budget unit under 9VAC5-140-40 A 2 may
request for the control period NOx allowances in an amount that does
not exceed the lesser of:
a. 0.17 lb/mmBtu multiplied by the unit's maximum design
heat input, multiplied by the lesser of 3,672 hours or the number of hours
remaining in the control period starting with the day in the control period on
which the unit commences operation or is projected to commence operation,
divided by 2,000 lb/ton, and rounded to the nearest whole number of NOx
allowances as appropriate; or
b. The unit's most stringent state or federal NOx
emission limitation multiplied by the unit's maximum design heat input,
multiplied by the lesser of 3,672 hours or the number of hours remaining in the
control period starting with the day in the control period on which the unit
commences operation or is projected to commence operation, divided by 2,000
lb/ton, and rounded to the nearest whole number of NOx allowances as
appropriate.
5. The permitting authority will review each NOx allowance
allocation request submitted in accordance with subdivision 2 of this
subsection and will allocate NOx allowances pursuant to such request
as follows:
a. Upon receipt of the NOx allowance allocation
request, the permitting authority will make any necessary adjustments to the
request to ensure that the requirements of this section and subdivisions 2, 3,
and 4 of this subsection are met.
b. The permitting authority will determine the following
amounts:
(1) The sum of the NOx allowances requested (as
adjusted under subdivision 5 a of this subsection) in all NOx
allowance allocation requests under subdivision 2 of this section for the
control period; and
(2) For units exempt under 9VAC5-140-40 B that commenced
operation, or are projected to commence operation, on or after May 1, 1998 (for
control periods under 9VAC5-140-410 A); May 1, 2004 (for control periods under
9VAC5-140-410 B); and May 1 of the year five years before beginning of the
group of five years that includes the control period (for control periods under
9VAC5-140-410 C), the sum of the NOx emission limitations (in tons
of NOx) on which each unit's exemption under 9VAC5-140-40 B is
based.
c. If the number of NOx allowances in the
allocation set-aside for the control period less the amount under subdivision 5
b (2) of this subsection is not less than the amount determined under
subdivision 5 b (1) of this subsection, the permitting authority will allocate
the amount of the NOx allowances requested (as adjusted under
subdivision 5 a of this subsection) to the NOx Budget unit for which
the allocation request was submitted.
d. If the number of NOx allowances in the
allocation set-aside for the control period less the amount under subdivision 5
b (2) of this subsection is less than the amount determined under subdivision 5
b (1) of this subsection, the permitting authority will allocate, to the NOx
Budget unit for which the allocation request was submitted, the amount of NOx
allowances requested (as adjusted under subdivision 5 a of this subsection)
multiplied by the number of NOx allowances in the allocation
set-aside for the control period less the amount determined under subdivision 5
b (2) of this subsection, divided by the amount determined under subdivision 5
b (1) of this subsection, and rounded to the nearest whole number of NOx
allowances as appropriate.
E. 1. For a NOx Budget unit that is allocated NOx
allowances under subsection D of this section for a control period, the
administrator will deduct NOx allowances under 9VAC5-140-540 B, E,
or F to account for the actual utilization of the unit during the control
period. The administrator will calculate the number of NOx
allowances to be deducted to account for the unit's actual utilization using
the following formulas and rounding to the nearest whole number of NOx
allowance as appropriate, provided that the number of NOx allowances
to be deducted shall be zero if the number calculated is less than zero:
NOx allowances deducted for actual utilization
for a unit under 9VAC5-140-40 A 1 = Unit's NOx allowances allocated
for control period - (Unit's actual control period utilization x the lesser of
0.15 lb/mmBtu or the unit's most stringent state or federal NOx
emission limitation x 2,000 lb/ton); and
NOx allowances deducted for actual utilization
for a unit under 9VAC5-140-40 A 2 = Unit's NOx allowances allocated
for control period - (Unit's actual control period utilization x the lesser of
0.17 lb/mmBtu or the unit's most stringent state or federal NOx
emission limitation x 2,000 lb/ton)
Where:
"Unit's NOx allowances allocated for
control period" is the number of NOx allowances allocated to
the unit for the control period under subdivision D of this section; and
"Unit's actual control period utilization" is the
utilization (in mmBtu) of the unit during the control period.
2. The administrator will transfer any NOx
allowances deducted under subdivision 1 of this subsection to the allocation
set-aside for the control period for which they were allocated.
F. After making the deductions for compliance under
9VAC5-140-540 B, E, or F for a control period, the administrator will notify
the permitting authority whether any NOx allowances remain in the
allocation set-aside for the control period. The permitting authority will
allocate any such NOx allowances to the NOx Budget units
using the following formula and rounding to the nearest whole number of NOx
allowances as appropriate:
Unit's share of NOx allowances remaining in
allocation set-aside = Total NOx allowances remaining in allocation set-aside
x (Unit's NOx allowance allocation) / (core trading program budget)
Where:
"Total NOx allowances remaining in
allocation set-aside" is the total number of NOx allowances
remaining in the allocation set-aside for the control period;
"Unit's NOx allowance allocation" is
the number of NOx allowances allocated under subsection B or C of
this section to the unit for the control period to which the allocation
set-aside applies; and
"Core trading program budget" is the adjusted
trading program budget for the control period to which the allocation set-aside
applies minus the allocation set-aside budget.
G. If the administrator determines that NOx
allowances were allocated under subsection B, C, or D of this section for a
control period and the recipient of the allocation is not actually a NOx
Budget unit under 9VAC5-140-40 A, the administrator will notify the permitting
authority and NOx authorized account representative and then will
act in accordance with the following procedures:
1. a. The administrator will not record such NOx
allowances for the control period in an account under 9VAC5-140-530;
b. If the administrator already recorded such NOx
allowances for the control period in an account under 9VAC5-140-530 and if the
administrator makes such determination before making all deductions pursuant to
9VAC5-140-540 (except deductions pursuant to 9VAC5-140-540 D 2) for the control
period, then the administrator will deduct from the account NOx
allowances equal in number to and allocated for the same or a prior control
period as the NOx allowances allocated to such recipient for the
control period. The NOx authorized account representative shall
ensure that the account contains the NOx allowances necessary for
completion of such deduction. If account does not contain the necessary NOx
allowances, the administrator will deduct the required number of NOx
allowances, regardless of the control period for which they were allocated,
whenever NOx allowances are recorded in the account; or
c. If the administrator already recorded such NOx
allowances for x the control period in an account under 9VAC5-140-530 and if
the administrator makes such determination after making all deductions pursuant
to 9VAC5-140-540 (except deductions pursuant to 9VAC5-140-540 D 2) for the
control period, then the administrator will apply subdivision 1 b of this
subsection to any subsequent control period for which NOx allowances
were allocated to such recipient.
2. The administrator will transfer the NOx
allowances that are not recorded, or that are deducted, pursuant to subdivision
1 of this subsection to an allocation set-aside.
9VAC5-140-430. Compliance supplement pool. (Repealed.)
A. Sources required to implement NOx emission control measures by May 31, 2004, to demonstrate compliance with this part in the 2004 and 2005 ozone seasons may use NOx allowances from the compliance supplement pool, as set forth in 9VAC5-140-910, issued in accordance with this section.
B. A source may not use NOx allowances from the compliance supplement pool to demonstrate compliance after the 2005 control period.
C. For any NOx Budget unit that intends to reduce its NOx emission rate in the 2002 or 2003 control period, the owners and operators may request that early reduction credits (ERCs) be reserved in accordance with the following requirements:
1. Each NOx Budget unit for which the owners and operators intend to request, or request, any ERCs in accordance with subdivision 4 of this subsection shall monitor and report NOx emissions in accordance with Article 8 (9VAC5-140-700 et seq.) of this part starting in the 2001 control period and for each control period for which the ERCs are requested. The unit's percent monitor data availability shall not be less than 90% during the 2001 control period, and the unit shall be in full compliance with any applicable state or federal NOx emission control requirements during 2001 through 2003.
2. NOx emission rate and heat input under subdivision 3 of this subsection shall be determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this part.
3. Each NOx Budget unit for which the owners and operators request any ERCs under subdivision 4 of this subsection shall reduce its NOx emission rate, for each control period for which ERCs are requested, to less than both 0.35 lb/mmBtu and 80% of the unit's NOx emission rate in the 2001 control period. ERCs shall not be earned for reductions made to satisfy any requirement of the CAA.
4. The NOx authorized account representative of a NOx Budget unit that intends to meet the requirements of subdivisions 1 and 3 of this subsection may submit to the permitting authority a request to reserve ERCs for the unit based on NOx emission rate reductions anticipated to be made by the unit in the control period for 2002 or 2003.
a. The NOx authorized account representative may request that ERCs be reserved for the control period in an amount equal to the unit's anticipated heat input for the control period multiplied by the difference between 0.35 lb/mmBtu and the unit's anticipated NOx emission rate for the control period, divided by 2000 lb/ton, and rounded to the nearest whole number of tons.
b. The NOx authorized account representative shall submit the ERC reserve request, in a format acceptable to the permitting authority, by July 1, 2002.
D. The permitting authority will review each ERC reserve request submitted in accordance with subsection C of this section and will reserve NOx allowances for the NOx Budget units covered by the request as follows:
1. Upon receipt of each ERC reserve request, the permitting authority will make any necessary adjustments to the request to ensure that the amount of the ERCs requested meets the requirements of subsection C of this section.
2. If 80% of the compliance supplement pool set forth in 9VAC5-140-910 has a number of NOx allowances equal to or greater than the amount of ERCs in all ERC reserve requests under subsection C of this section for 2002 and 2003 (as adjusted under subdivision 1 of this subsection), the permitting authority will reserve for each NOx Budget unit covered by the requests one NOx allowance for each ERC requested (as adjusted under subdivision 1 of this subsection).
3. If 80% of the compliance supplement pool set forth in 9VAC5-140-910 has a number of NOx allowances less than the amount of ERCs in all ERC reserve requests under subsection C of this section for 2002 and 2003 (as adjusted under subdivision 1 of this subsection), the permitting authority shall reserve NOx allowances for each NOx Budget unit covered by the requests according to the following formula and rounding to the nearest whole number of NOx allowances as appropriate:
Unit's allocation for ERCs = Unit's adjusted ERCs x (Compliance supplement pool) / (Total adjusted ERCs for all units)
Where:
"Unit's allocation for ERCs" is the number of NOx allowances reserved for the unit for ERCs.
"Unit's adjusted ERCs" is the amount of ERCs requested for the unit for 2002 and 2003 in ERC reserve requests under subsection C of this section, as adjusted under subdivision 1 of this subsection.
"Compliance supplement pool" is 80% of the number of NOx allowances in the compliance supplement pool set forth in 9VAC5-140-910.
"Total adjusted ERCs for all units" is the amount of ERCs requested for all units for 2002 and 2003 in ERC reserve requests under subsection C of this section, as adjusted under subdivision 1 of this subsection.
4. The permitting authority will complete the ERC reserve issuance process by no later than September 1, 2002.
5. The NOx authorized account representative shall submit verification that the NOx Budget unit has met the requirements of subdivisions C 1 and 3 of this section, in a format acceptable to the permitting authority, by February 1, 2004.
6. If the permitting authority finds that the NOx Budget unit has met the requirements of subdivisions C 1 and 3 of this section, it will allocate the ERCs to the unit no later than April 1, 2004.
7. If the number of ERCs allocated under subdivision 6 of this subsection is less than the number of ERCs reserved, the excess ERCs will be returned to the compliance supplement pool for distribution under subsection F of this section.
E. For any NOx Budget unit that reduces its NOx emission rate in the 2002 or 2003 control period, the owners and operators may request early reduction credits (ERCs) in accordance with the following requirements:
1. Each NOx Budget unit for which the owners and operators intend to request, or request, any ERCs in accordance with subdivision 4 of this subsection shall monitor and report NOx emissions in accordance with Article 8 (9VAC5-140-700 et seq.) of this part starting in the 2001 control period and for each control period for which the ERCs are requested. The unit's percent monitor data availability shall not be less than 90% during the 2001 control period, and the unit shall be in full compliance with any applicable state or federal NOx emission control requirements during 2001 through 2003.
2. NOx emission rate and heat input under subdivisions 3 and 4 of this subsection shall be determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this part.
3. Each NOx Budget unit for which the owners and operators request any ERCs under subdivision 4 of this subsection shall reduce its NOx emission rate, for each control period for which ERCs are requested, to less than both 0.35 lb/mmBtu and 80% of the unit's NOx emission rate in the 2001 control period.
4. The NOx authorized account representative of a NOx Budget unit that meets the requirements of subdivisions 1 and 3 of this subsection may submit to the permitting authority a request for ERCs for the unit based on NOx emission rate reductions made by the unit in the control period for 2002 or 2003.
a. The NOx authorized account representative may request ERCs for the control period in an amount equal to the unit's heat input for the control period multiplied by the difference between 0.35 lb/mmBtu and the unit's NOx emission rate for the control period, divided by 2000 lb/ton, and rounded to the nearest whole number of tons.
b. The NOx authorized account representative shall submit the ERC request and verification that the NOx Budget unit has met the requirements of subdivisions 1 and 3 of this subsection, in a format acceptable to the permitting authority, by February 1, 2004.
F. The permitting authority will review each ERC request submitted in accordance with subsection E of this section and will allocate NOx allowances to NOx Budget units covered by the request as follows:
1. Upon receipt of each ERC request, the permitting authority will make any necessary adjustments to the request to ensure that the amount of the ERCs requested meets the requirements of subsection E of this section.
2. If the compliance supplement pool set forth in 9VAC5-140-910 (minus any allowances issued under subsection D of this section) has a number of NOx allowances equal to or greater than the amount of ERCs in all ERC requests under subsection E of this section for 2002 and 2003 (as adjusted under subdivision 1 of this subsection), the permitting authority will allocate to each NOx Budget unit covered by the requests one NOx allowance for each ERC requested (as adjusted under subdivision 1 of this subsection).
3. If the compliance supplement pool set forth in 9VAC5-140-910 (minus any allowances issued under subsection D of this section) has a number of NOx allowances less than the amount of ERCs in all ERC requests under subsection E of this section for 2002 and 2003 (as adjusted under subdivision 1 of this subsection), the permitting authority will allocate NOx allowances to each NOx Budget unit covered by the requests according to the following formula and rounding to the nearest whole number of NOx allowances as appropriate:
Unit's allocation for ERCs = Unit's adjusted ERCs x (Compliance supplement pool) / (Total adjusted ERCs for all units)
Where:
"Unit's allocation for ERCs" is the number of NOx allowances allocated to the unit for ERCs.
"Unit's adjusted ERCs" is the amount of ERCs requested for the unit for 2002 and 2003 in ERC requests under subsection E of this section, as adjusted under subdivision 1 of this subsection.
"Compliance supplement pool" is the number of NOx allowances in the compliance supplement pool set forth in 9VAC5-140-910 minus any allowances issued under subsection D of this section.
"Total adjusted ERCs for all units" is the amount of ERCs requested for all units for 2002 and 2003 in ERC requests under subsection E of this section, as adjusted under subdivision 1 of this subsection.
4. If the permitting authority finds that the NOx Budget unit has met the requirements of subdivisions E 1 and 3 of this section, it will allocate the ERCs to the unit no later than April 1, 2004.
G. For any NOx Budget unit that demonstrates a need for an extension of the May 31, 2004, compliance deadline, the owners and operators may request direct distribution credits (DDCs) in accordance with the following requirements:
1. The NOx authorized account representative of a NOx Budget unit may submit to the permitting authority a request for DDCs for the unit that contains a demonstration of the following:
a. For a source used to generate electricity, compliance with this chapter by May 31, 2004, would create undue risk for the reliability of the electricity supply. This demonstration shall include a showing that it would not be feasible to import electricity from other electricity generation systems during the installation of control technologies necessary to comply with this part.
b. For a source not used to generate electricity, compliance with this part by May 31, 2004, would create undue risk for the source or its associated industry. This demonstration shall include a showing that operation of the unit would be disrupted resulting in loss of services to the public or severely hampering operation of the facility and endangering future potential operation.
c. For a source subject to this part, it was not possible for the source to comply with this part by generating ERCs or acquiring ERCs from other sources.
d. For a source subject to this part, it was not possible to comply with this part by acquiring sufficient NOx allowances from other sources or persons subject to the emissions trading program.
2. The NOx authorized account representative shall submit the DDC request, in a format acceptable to the permitting authority, by February 1, 2004.
H. The permitting authority will review each DDC request submitted in accordance with subsection G of this section and will allocate NOx allowances to NOx Budget units covered by the request as follows:
1. Upon receipt of each DDC request, the permitting authority will make any necessary adjustments to the request to ensure that the amount of the DDCs requested meets the requirements of subsection G of this section.
2. If the compliance supplement pool set forth in 9VAC5-140-910 (minus any allowances issued under subsections D and F of this section) has a number of NOx allowances equal to or greater than the amount of DDCs in all DDC requests under subsection G of this section (as adjusted under subdivision 1 of this subsection), the permitting authority will allocate to each NOx Budget unit covered by the requests one NOx allowance for each DDC requested (as adjusted under subdivision 1 of this subsection).
3. If the compliance supplement pool set forth in 9VAC5-140-910 (minus any allowances issued under subsections D and F of this section) has a number of NOx allowances less than the amount of DDCs in all DDC requests under subsection G of this section (as adjusted under subdivision 1 of this subsection), the permitting authority will allocate NOx allowances to each NOx Budget unit covered by the requests according to the following formula and rounding to the nearest whole number of NOx allowances as appropriate:
Unit's allocation for DDCs = Unit's adjusted DDCs x (Compliance supplement pool) / (Total adjusted DDCs for all units)
Where:
"Unit's allocation for DDCs" is the number of NOx allowances allocated to the unit for DDCs.
"Unit's adjusted DDCs" is the amount of DDCs requested for the unit in DDC requests under subsection G of this section, as adjusted under subdivision 1 of this subsection.
"Compliance supplement pool" is the number of NOx allowances in the compliance supplement pool set forth in 9VAC5-140-910 minus any allowances issued under subsections D and F of this section.
"Total adjusted DDCs for all units" is the amount of DDCs requested for all units in DDC requests under subsection G of this section, as adjusted under subdivision 1 of this subsection.
4. For a DDC request made under subsection G of this section, the permitting authority shall conduct a public comment period of at least 30 days to receive comment on the appropriateness of allocating DDCs to a source under subsection G of this section. At the end of the public comment period, a public hearing shall be held. The permitting authority will notify the public, by advertisement in at least one newspaper of general circulation in the affected air quality control region, of the opportunity for the public comment and the public hearing on the information available for public inspection under the provisions of subdivision 4 a of this subsection. The notification will be published at least 30 days prior to the day of the public hearing.
a. Information on the DDC request, as well as the preliminary review and analysis and preliminary decision of the permitting authority, will be available for public inspection during the entire public comment period in at least one location in the affected air quality control region.
b. A copy of the notice will be sent to all local air pollution control agencies having implementation plan responsibilities in the affected air quality control region, all states sharing the affected air quality control region, and to the regional administrator, U.S. Environmental Protection Agency.
5. If the permitting authority finds that the NOx Budget unit has met the requirements of subsection G of this section, it will allocate the DDCs to the unit no later than May 31, 2004.
I. By May 31, 2004, the permitting authority will submit to the administrator the allocations of NOx allowances determined under subsections D, F and H of this section. The administrator will record the allocations to the extent that they are consistent with the requirements of subsections C through H of this section.
J. NOx allowances recorded under subsection I of this section may be deducted for compliance under 9VAC5-140-540 for the control periods in 2004 or 2005. Notwithstanding 9VAC5-140-550 A, the administrator will deduct as retired any NOx allowance that is recorded under subsection I of this section and is not deducted for compliance in accordance with 9VAC5-140-540 for the control period in 2004 or 2005.
K. NOx allowances recorded under subsection I of this section are treated as banked NOx allowances in 2005 for the purposes of 9VAC5-140-550 A and B.
Article 6
NOX Allowance Tracking System (Repealed.)
9VAC5-140-500. NOx Allowance Tracking System
accounts. (Repealed.)
A. Consistent with 9VAC5-140-510 A, the administrator will
establish one compliance account for each NOx Budget unit and one
overdraft account for each source with two or more NOx Budget units.
Allocations of NOx allowances pursuant to Article 5 (9VAC5-140-400
et seq.) of this part or 9VAC5-140-880 and deductions or transfers of NOx
allowances pursuant to 9VAC5-140-310, 9VAC5-140-540, 9VAC5-140-560, Article 7
(9VAC5-140-600 et seq.) of this part, or Article 9 (9VAC5-140-800 et seq.) of
this part will be recorded in the compliance accounts or overdraft accounts in
accordance with this article.
B. Consistent with 9VAC5-140-510 B, the administrator will
establish, upon request, a general account for any person. Transfers of
allowances pursuant to Article 7 (9VAC5-140-600 et seq.) of this part will be
recorded in the general account in accordance with this article.
9VAC5-140-510. Establishment of accounts. (Repealed.)
A. Upon receipt of a complete account certificate of representation under 9VAC5-140-130, the administrator will establish:
1. A compliance account for each NOx Budget unit for which the account certificate of representation was submitted; and
2. An overdraft account for each source for which the account certificate of representation was submitted and that has two or more NOx Budget units.
B. 1. Any person may apply to open a general account for the purpose of holding and transferring allowances. A complete application for a general account shall be submitted to the administrator and shall include the following elements in a format prescribed by the administrator:
a. Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NOx authorized account representative and any alternate NOx authorized account representative;
b. Organization name and type of organization;
c. A list of all persons subject to a binding agreement for the NOx authorized account representative or any alternate NOx authorized account representative to represent their ownership interest with respect to the NOx allowances held in the general account;
d. The following certification statement by the NOx authorized account representative and any alternate NOx authorized account representative: "I certify that I was selected as the NOx authorized account representative or the NOx alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to NOx allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the NOx Budget Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the administrator or a court regarding the general account."
e. The signature of the NOx authorized account representative and any alternate NOx authorized account representative and the dates signed.
f. Unless otherwise required by the permitting authority or the administrator, documents of agreement referred to in the account certificate of representation shall not be submitted to the permitting authority or the administrator. Neither the permitting authority nor the administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
2. Upon receipt by the administrator of a complete application for a general account under subdivision 1 of this subsection:
a. The administrator will establish a general account for the person or persons for whom the application is submitted.
b. The NOx authorized account representative and any alternate NOx authorized account representative for the general account shall represent and, by his representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to NOx allowances held in the general account in all matters pertaining to the NOx Budget Trading Program, notwithstanding any agreement between the NOx authorized account representative or any alternate NOx authorized account representative and such person. Any such person shall be bound by any order or decision issued to the NOx authorized account representative or any alternate NOx authorized account representative by the administrator or a court regarding the general account.
c. Each submission concerning the general account shall be submitted, signed, and certified by the NOx authorized account representative or any alternate NOx authorized account representative for the persons having an ownership interest with respect to NOx allowances held in the general account. Each such submission shall include the following certification statement by the NOx authorized account representative or any alternate NOx authorized account representative any: "I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the NOx allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."
d. The administrator will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with subdivision 2 c of this subsection.
3. a. An application for a general account may designate one and only one NOx authorized account representative and one and only one alternate NOx authorized account representative who may act on behalf of the NOx authorized account representative. The agreement by which the alternate NOx authorized account representative is selected shall include a procedure for authorizing the alternate NOx authorized account representative to act in lieu of the NOx authorized account representative.
b. Upon receipt by the administrator of a complete application for a general account under subdivision 1 of this subsection, any representation, action, inaction, or submission by any alternate NOx authorized account representative shall be deemed to be a representation, action, inaction, or submission by the NOx authorized account representative.
4. a. The NOx authorized account representative for a general account may be changed at any time upon receipt by the administrator of a superseding complete application for a general account under subdivision 1 of this subsection. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous NOx authorized account representative prior to the time and date when the administrator receives the superseding application for a general account shall be binding on the new NOx authorized account representative and the persons with an ownership interest with respect to the allowances in the general account.
b. The alternate NOx authorized account representative for a general account may be changed at any time upon receipt by the administrator of a superseding complete application for a general account under subdivision 1 of this subsection. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate NOx authorized account representative prior to the time and date when the administrator receives the superseding application for a general account shall be binding on the new alternate NOx authorized account representative and the persons with an ownership interest with respect to the allowances in the general account.
c. (1) In the event a new person having an ownership interest with respect to NOx allowances in the general account is not included in the list of such persons in the account certificate of representation, such new person shall be deemed to be subject to and bound by the account certificate of representation, the representation, actions, inactions, and submissions of the NOx authorized account representative and any alternate NOx authorized account representative of the source or unit, and the decisions, orders, actions, and inactions of the administrator, as if the new person were included in such list.
(2) Within 30 days following any change in the persons having an ownership interest with respect to NOx allowances in the general account, including the addition of persons, the NOx authorized account representative or any alternate NOx authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the NOx allowances in the general account to include the change.
5. a. Once a complete application for a general account under subdivision 1 of this subsection has been submitted and received, the administrator will rely on the application unless and until a superseding complete application for a general account under subdivision 1 of this subsection is received by the administrator.
b. Except as provided in subdivision 4 of this subsection, no objection or other communication submitted to the administrator concerning the authorization, or any representation, action, inaction, or submission of the NOx authorized account representative or any alternate NOx authorized account representative for a general account shall affect any representation, action, inaction, or submission of the NOx authorized account representative or any alternate NOx authorized account representative or the finality of any decision or order by the administrator under the NOx Budget Trading Program.
c. The administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the NOx authorized account representative or any alternate NOx authorized account representative for a general account, including private legal disputes concerning the proceeds of NOx allowance transfers.
C. The administrator will assign a unique identifying number to each account established under subsection A or B of this section.
9VAC5-140-520. NOx Allowance Tracking System
responsibilities of NOx authorized account representative. (Repealed.)
A. Following the establishment of a NOx
Allowance Tracking System account, all submissions to the administrator pertaining
to the account, including, but not limited to, submissions concerning the
deduction or transfer of NOx allowances in the account, shall be
made only by the NOx authorized account representative for the
account.
B. The administrator will assign a unique identifying
number to each NOx authorized account representative.
9VAC5-140-530. Recordation of NOx allowance
allocations. (Repealed.)
A. The administrator will record the NOx
allowances for 2004 for a NOx Budget unit allocated under Article 5
(9VAC5-140-400 et seq.) of this part in the unit's compliance account, except for
NOx allowances under 9VAC5-140-40 B 4 b or 9VAC5-140-50 C 1, which
will be recorded in the general account specified by the owners and operators
of the unit. The administrator will also record the NOx allowances
allocated under 9VAC5-140-880 A 1 for each NOx Budget opt-in source
in its compliance account.
B. By August 1, 2002, the administrator will record the NOx
allowances for 2005 for a NOx Budget unit allocated under Article 5
(9VAC5-140-400 et seq.) of this part in the unit's compliance account, except
for NOx allowances under 9VAC5-140-40 B 4 b or 9VAC5-140-50 C 1,
which will be recorded in the general account specified by the owners and
operators of the unit. The administrator will record NOx allowances
for 2005 for a NOx Budget opt-in unit in the unit's compliance
account as allocated under 9VAC5-140-880 A.
C. By May 1, 2003, the administrator will record the NOx
allowances for 2006 for a NOx Budget unit allocated under Article 5
(9VAC5-140-400 et seq.) of this part in the unit's compliance account, except
for NOx allowances under 9VAC5-140-40 B 4 b or 9VAC5-140-50 C 1,
which will be recorded in the general account specified by the owners and
operators of the unit. The administrator will record NOx allowances
for 2006 for a NOx Budget opt-in unit in the unit's compliance
account as allocated under 9VAC5-140-880 A.
D. By May 1, 2004, the administrator will record the NOx
allowances for 2007 for a NOx Budget unit allocated under Article 5
(9VAC5-140-400 et seq.) of this part in the unit's compliance account, except
for NOx allowances under 9VAC5-140-40 B 4 b or 9VAC5-140-50 C 1,
which will be recorded in the general account specified by the owners and
operators of the unit. The administrator will record NOx allowances
for 2007 for a NOx Budget opt-in unit in the unit's compliance
account as allocated under 9VAC5-140-880 A.
E. Each year starting with 2005, after the administrator
has made all deductions from a NOx Budget unit's compliance account
and the overdraft account pursuant to 9VAC5-140-540 (except deductions pursuant
to 9VAC5-140-540 D 2), the administrator will record:
1. NOx allowances, in the compliance account, as
allocated to the unit under Article 5 (9VAC5-140-400 et seq.) of this part for
the third year after the year of the control period for which such deductions
were or could have been made;
2. NOx allowances, in the general account
specified by the owners and operators of the unit, as allocated under
9VAC5-140-40 B 4 b or 9VAC5-140-50 C 1 for the third year after the year of the
control period for which such deductions are or could have been made; and
3. NOx allowances, in the compliance account, as
allocated to the unit under 9VAC5-140-880 A.
F. When allocating NOx allowances to and
recording them in an account, the administrator will assign each NOx
allowance a unique identification number that will include digits identifying
the year for which the NOx allowance is allocated.
9VAC5-140-540. Compliance. (Repealed.)
A. The NOx allowances are available to be deducted for compliance with a unit's NOx Budget emissions limitation for a control period in a given year only if the NOx allowances:
1. Were allocated for a control period in a prior year or the same year; and
2. Are held in the unit's compliance account, or the overdraft account of the source where the unit is located, as of the NOx allowance transfer deadline for that control period or are transferred into the compliance account or overdraft account by a NOx allowance transfer correctly submitted for recordation under 9VAC5-140-600 by the NOx allowance transfer deadline for that control period.
B. 1. Following the recordation, in accordance with 9VAC5-140-610, of NOx allowance transfers submitted for recordation in the unit's compliance account or the overdraft account of the source where the unit is located by the NOx allowance transfer deadline for a control period, the administrator will deduct NOx allowances available under subsection A of this section to cover the unit's NOx emissions (as determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this part) or to account for actual utilization under 9VAC5-140-420 E for the control period:
a. From the compliance account; and
b. Only if no more NOx allowances available under subsection A of this section remain in the compliance account, from the overdraft account. In deducting allowances for units at the source from the overdraft account, the administrator will begin with the unit having the compliance account with the lowest NOx Allowance Tracking System account number and end with the unit having the compliance account with the highest NOx Allowance Tracking System account number (with account numbers sorted beginning with the left-most character and ending with the right-most character and the letter characters assigned values in alphabetical order and less than all numeric characters).
2. The administrator will deduct NOx allowances first under subdivision 1 a of this subsection and then under subdivision 1 b of this subsection:
a. Until the number of NOx allowances deducted for the control period equals the number of tons of NOx emissions, determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, from the unit for the control period for which compliance is being determined, plus the number of NOx allowances required for deduction to account for actual utilization under 9VAC5-140-420 E for the control period; or
b. Until no more NOx allowances available under subsection A of this section remain in the respective account.
C. 1. The NOx authorized account representative for each compliance account may identify by serial number the NOx allowances to be deducted from the unit's compliance account under subsection B, D, or E of this section. Such identification shall be made in the compliance certification report submitted in accordance with 9VAC5-140-300.
2. The administrator will deduct NOx allowances for a control period from the compliance account, in the absence of an identification or in the case of a partial identification of NOx allowances by serial number under subdivision 1 of this subsection, or the overdraft account on a first-in, first-out (FIFO) accounting basis in the following order:
a. Those NOx allowances that were allocated for the control period to the unit under Article 5 (9VAC5-140-400 et seq.) or Article 9 (9VAC5-140-800 et seq.) of this part;
b. Those NOx allowances that were allocated for the control period to any unit and transferred and recorded in the account pursuant to Article 7 (9VAC5-140-600 et seq.) of this part, in order of their date of recordation;
c. Those NOx allowances that were allocated for a prior control period to the unit under Article 5 (9VAC5-140-400 et seq.) or Article 9 (9VAC5-140-800 et seq.) of this part; and
d. Those NOx allowances that were allocated for a prior control period to any unit and transferred and recorded in the account pursuant to Article 7 (9VAC5-140-600 et seq.) of this part, in order of their date of recordation.
D. 1. After making the deductions for compliance under subsection B of this section, the administrator shall deduct from the unit's compliance account or the overdraft account of the source where the unit is located a number of NOx allowances, allocated for a control period after the control period in which the unit has excess emissions, equal to three times the number of the unit's excess emissions.
2. If the compliance account or overdraft account does not contain sufficient NOx allowances, the administrator will deduct the required number of NOx allowances, regardless of the control period for which they were allocated, whenever NOx allowances are recorded in either account.
3. Any allowance deduction required under this subsection shall not affect the liability of the owners and operators of the NOx Budget unit for any fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violation, as ordered under the CAA or the Virginia Air Pollution Control Law. The following guidelines shall be followed in assessing fines, penalties or other obligations:
a. For purposes of determining the number of days of violation, if a NOx Budget unit has excess emissions for a control period, each day in the control period (153 days) constitutes a day in violation unless the owners and operators of the unit demonstrate that a lesser number of days should be considered.
b. Each ton of excess emissions is a separate violation.
E. In the case of units sharing a common stack and having emissions that are not separately monitored or apportioned in accordance with Article 8 (9VAC5-140-700 et seq.) of this part:
1. The NOx authorized account representative of the units may identify the percentage of NOx allowances to be deducted from each such unit's compliance account to cover the unit's share of NOx emissions from the common stack for a control period. Such identification shall be made in the compliance certification report submitted in accordance with 9VAC5-140-300.
2. Notwithstanding subdivision B 2 a of this section, the administrator will deduct NOx allowances for each such unit until the number of NOx allowances deducted equals the unit's identified percentage (under subdivision 1 of this subsection) of the number of tons of NOx emissions, as determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, from the common stack for the control period for which compliance is being determined or, if no percentage is identified, an equal percentage for each such unit, plus the number of allowances required for deduction to account for actual utilization under 9VAC5-140-420 E for the control period.
F. The administrator will record in the appropriate compliance account or overdraft account all deductions from such an account pursuant to subsection B, D, or E of this section.
9VAC5-140-550. Banking. (Repealed.)
A. NOx allowances may be banked for future use or transfer in a compliance account, an overdraft account, or a general account, as follows:
1. Any NOx allowance that is held in a compliance account, an overdraft account, or a general account will remain in such account unless and until the NOx allowance is deducted or transferred under 9VAC5-140-310, 9VAC5-140-540, 9VAC5-140-560, Article 7 (9VAC5-140-600 et seq.) of this part, or Article 9 (9VAC5-140-800 et seq.) of this part.
2. The administrator will designate, as a "banked" NOx allowance, any NOxallowance that remains in a compliance account, an overdraft account, or a general account after the administrator has made all deductions for a given control period from the compliance account or overdraft account pursuant to 9VAC5-140-540 (except deductions pursuant to 9VAC5-140-540 D 2), and that was allocated for that control period or a control period in a prior year.
B. Each year starting in 2005, after the administrator has completed the designation of banked NOx allowances under subdivision A 2 of this section and before May 1 of the year, the administrator will determine the extent to which banked NOx allowances may be used for compliance in the control period for the current year, as follows:
1. The administrator will determine the total number of banked NOx allowances held in compliance accounts, overdraft accounts, or general accounts.
2. If the total number of banked NOx allowances determined, under subdivision 1 of this subsection, to be held in compliance accounts, overdraft accounts, or general accounts is less than or equal to 10% of the sum of the state trading program budgets for the control period for the states in which NOx Budget units are located, any banked NOx allowance may be deducted for compliance in accordance with 9VAC5-140-540.
3. If the total number of banked NOx allowances determined, under subdivision 1 of this subsection, to be held in compliance accounts, overdraft accounts, or general accounts exceeds 10% of the sum of the state trading program budgets for the control period for the states in which NOx Budget units are located, any banked allowance may be deducted for compliance in accordance with 9VAC5-140-540, except as follows:
a. The administrator will determine the following ratio: 0.10 multiplied by the sum of the state trading program budgets for the control period for the states in which NOx Budget units are located and divided by the total number of banked NOx allowances determined, under subdivision 1 of this subsection, to be held in compliance accounts, overdraft accounts, or general accounts.
b. The administrator will multiply the number of banked NOx allowances in each compliance account or overdraft account by the ratio determined in subdivision 3 a of this subsection. The resulting product is the number of banked NOx allowances in the account that may be deducted for compliance in accordance with 9VAC5-140-540. Any banked NOx allowances in excess of the resulting product may be deducted for compliance in accordance with 9VAC5-140-540, except that, if such NOxallowances are used to make a deduction, two such NOx allowances shall be deducted for each deduction of one NOx allowance required under 9VAC5-140-540.
9VAC5-140-560. Account error. (Repealed.)
The administrator may, at his sole discretion and on his own motion, correct any error in any NOx Allowance Tracking System account. Within 10 business days of making such correction, the administrator shall notify the NOx authorized account representative for the account.
9VAC5-140-570. Closing of general accounts. (Repealed.)
A. The NOx authorized account representative of a general account may instruct the administrator to close the account by submitting a statement requesting deletion of the account from the NOx Allowance Tracking System and by correctly submitting for recordation under 9VAC5-140-600 an allowance transfer of all NOx allowances in the account to one or more other NOx Allowance Tracking System accounts.
B. If a general account shows no activity for a period of a year or more and does not contain any NOx allowances, the administrator may notify the NOx authorized account representative for the account that the account will be closed and deleted from the NOx Allowance Tracking System following 20 business days after the notice is sent. The account will be closed after the 20-day period unless before the end of the 20-day period the administrator receives a correctly submitted transfer of NOx allowances into the account under 9VAC5-140-600 or a statement submitted by the NOx authorized account representative demonstrating to the satisfaction of the administrator good cause as to why the account should not be closed.
Article 7
NOX Allowance Transfers (Repealed.)
9VAC5-140-600. Submission of NOx allowance
transfers. (Repealed.)
The NOx authorized account representatives
seeking recordation of a NOx allowance transfer shall submit the transfer
to the administrator. To be considered correctly submitted, the NOx
allowance transfer shall include the following elements in a format specified
by the administrator:
1. The numbers identifying both the transferor and
transferee accounts;
2. A specification by serial number of each NOx
allowance to be transferred; and
3. The printed name and signature of the NOx
authorized account representative of the transferor account and the date
signed.
9VAC5-140-610. EPA recordation. (Repealed.)
A. Within five business days of receiving a NOx allowance transfer, except as provided in subsection B of this section, the administrator will record a NOx allowance transfer by moving each NOx allowance from the transferor account to the transferee account as specified by the request, provided that:
1. The transfer is correctly submitted under 9VAC5-140-600;
2. The transferor account includes each NOx allowance identified by serial number in the transfer; and
3. The transfer meets all other requirements of this part.
B. A NOx allowance transfer that is submitted for recordation following the NOx allowance transfer deadline and that includes any NOx allowances allocated for a control period prior to or the same as the control period to which the NOx allowance transfer deadline applies will not be recorded until after completion of the process of recordation of NOx allowance allocations in 9VAC5-140-530 B.
C. Where a NOx allowance transfer submitted for recordation fails to meet the requirements of subsection A of this section, the administrator will not record such transfer.
9VAC5-140-620. Notification. (Repealed.)
A. Within five business days of recordation of a NOx allowance transfer under 9VAC5-140-610, the administrator will notify each party to the transfer. Notice will be given to the NOx authorized account representatives of both the transferor and transferee accounts.
B. Within 10 business days of receipt of a NOx allowance transfer that fails to meet the requirements of 9VAC5-140-610 A, the administrator will notify the NOx authorized account representatives of both accounts subject to the transfer of:
1. A decision not to record the transfer; and
2. The reasons for such nonrecordation.
C. Nothing in this section shall preclude the submission of a NOx allowance transfer for recordation following notification of nonrecordation.
Article 8
Monitoring and Reporting
9VAC5-140-700. General requirements.
A. The owners and operators, and to the extent applicable, the NOx authorized account representative of a NOx Budget unit shall comply with the monitoring and reporting requirements as provided in this article and in Subpart H of 40 CFR Part 75. For purposes of complying with such requirements, the definitions in 9VAC5-140-20 and in 40 CFR 72.2 shall apply, and the terms "affected unit," "designated representative," and "continuous emission monitoring system" (or "CEMS") in 40 CFR Part 75 shall be replaced by the terms "NOx Budget unit," "NOx authorized account representative," and "continuous emission monitoring system" (or "CEMS"), respectively, as defined in 9VAC5-140-20.
B. The owner or operator of each NOx Budget unit
shall meet the following requirements. These provisions also apply to a unit
for which an application for a NOx Budget opt-in permit is submitted
and not denied or withdrawn, as provided in Article 9 (9VAC5-140-800 et seq.)
of this part:
1. Install all monitoring systems required under this article for monitoring NOx mass. This includes all systems required to monitor NOx emission rate, NOx concentration, heat input, and flow, in accordance with 40 CFR 75.71 and 40 CFR 75.72.
2. Install all monitoring systems for monitoring heat input,
if required under 9VAC5-140-760 for developing NOx allowance
allocations.
3. Successfully complete all certification tests required under 9VAC5-140-710 and meet all other provisions of this article and 40 CFR Part 75 applicable to the monitoring systems under subdivisions 1 and 2 of this subsection.
4. Record, and report data from the monitoring systems under subdivisions 1 and 2 of this subsection.
C. The owner or operator shall meet the requirements of subdivisions B 1 through B 3 of this section on or before the following dates and shall record and report data on and after the following dates:
1. NOx Budget units for which the owner or
operator intends to apply for early reduction credits under 9VAC5-140-430 shall
have complied with the requirements of this article by May 1, 2001.
2. Except for NOx Budget units under subdivision
1 of this subsection, NOx Budget units under 9VAC5-140-40 that
commence operation before January 1, 2003, shall comply with the requirements
of this article by May 1, 2003.
3. 2. NOx Budget units under
9VAC5-140-40 that commence operation on or after January 1, 2003, and that
report on an annual basis under 9VAC5-140-740 D shall comply with the
requirements of this article by the later of the following dates:
a. May 1, 2003; or
b. The earlier of:
(1) 180 days after the date on which the unit commences operation; or
(2) For units under 9VAC5-140-40 A 1, 90 days after the date on which the unit commences commercial operation.
4. 3. NOx Budget units under
9VAC5-140-40 that commence operation on or after January 1, 2003, and that
report on a control period basis under 9VAC5-140-740 D shall comply with the
requirements of this article by the later of the following dates:
a. The earlier of:
(1) 180 days after the date on which the unit commences operation; or
(2) For units under 9VAC5-140-40 A 1, 90 days after the date on which the unit commences commercial operation.
b. However, if the applicable deadline under subdivision 4
a 3 a of this subsection does not occur during a control period, May
1; immediately following the date determined in accordance with subdivision 4
a 3 a of this subsection.
5. 4. For a NOx Budget unit with a new
stack or flue for which construction is completed after the applicable deadline
under subdivision 1, 2, or 3 of this subsection or Article 9 (9VAC5-140-800 et
seq.) of this part:
a. 90 days after the date on which emissions first exit to the atmosphere through the new stack or flue;
b. However, if the unit reports on a control period basis
under 9VAC5-140-740 D and the applicable deadline under subdivision 5 a 4
a of this subsection does not occur during the control period, May 1
immediately following the applicable deadline in subdivision 5 a 4 a
of this subsection.
6. For a unit for which an application for a NOx
Budget opt in permit is submitted and not denied or withdrawn, the compliance
dates specified under Article 9 (9VAC5-140-800 et seq.) of this part.
D. The owner or operator of a NOx Budget unit under
subdivision C 3, C 4, C 5, or C 6 C 2, C 3, or C 4 of this
section shall determine, record and report NOx mass emissions, heat
input rate, and any other values required to determine NOx mass
emissions (e.g., NOx emission rate and heat input rate, or NOx
concentration and stack flow rate) in accordance with 40 CFR 75.70(g), from the
date and hour that the unit starts operating until the date and hour on which
the continuous emission monitoring system, excepted monitoring system under
Appendix D or E of 40 CFR Part 75, or excepted monitoring methodology under 40
CFR 75.19 is provisionally certified.
E. 1. No owner or operator of a NOx Budget unit or a non-NOx Budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emission monitoring system without having obtained prior written approval in accordance with 9VAC5-140-750.
2. No owner or operator of a NOX Budget unit or a non-NOx Budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall operate the unit so as to discharge, or allow to be discharged, NOx emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this article and 40 CFR Part 75 except as provided for in 40 CFR 75.74.
3. No owner or operator of a NOx Budget unit or a non-NOx Budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NOx mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this article and 40 CFR Part 75 except as provided for in 40 CFR 75.74.
4. No owner or operator of a NOx Budget unit or a non-NOx Budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved emission monitoring system under this article, except under any one of the following circumstances:
a. During the period that the unit is covered by a retired unit exemption under 9VAC5-140-50 that is in effect;
b. The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this article and 40 CFR Part 75, by the permitting authority for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
c. The NOx authorized account representative
submits notification of the date of certification testing of a replacement
monitoring system in accordance with 9VAC5-140-710 B 2 9VAC5-140-710
A 2.
9VAC5-140-710. Initial certification and recertification procedures.
A. The owner or operator of a NOx Budget unit
that is subject to an acid rain emissions limitation shall comply with the initial
certification and recertification procedures of 40 CFR Part 75, except that:
1. If, prior to January 1, 1998, the administrator approved
a petition under 40 CFR 75.17(a) or (b) for apportioning the NOx
emission rate measured in a common stack or a petition under 40 CFR 75.66 for
an alternative to a requirement in 40 CFR 75.17, the NOx authorized
account representative shall resubmit the petition to the administrator under
9VAC5-140-750 A to determine if the approval applies under the NOx
Budget Trading Program.
2. For any additional CEMS required under the common stack
provisions in 40 CFR 75.72, or for any NOx concentration CEMS used
under the provisions of 40 CFR 75.71(a)(2), the owner or operator shall meet
the requirements of subsection B of this section.
B. The owner or operator of a NOx Budget
unit that is not subject to an acid rain emissions limitation shall
comply with the following initial certification and recertification procedures,
except that the owner or operator of a unit that qualifies to use the low mass
emissions excepted monitoring methodology under 40 CFR 75.19 shall also meet
the requirements of subsection C of this section and the owner or operator of a
unit that qualifies to use an alternative monitoring system under Subpart E of
40 CFR Part 75 shall also meet the requirements of subsection D of this
section. The owner or operator of a NOx Budget unit that is
subject to an acid rain emissions limitation, but requires additional CEMS
under the common stack provisions in 40 CFR 75.72, or that uses a NOx
concentration CEMS under 40 CFR 75.71(a)(2) also shall comply with the
following initial certification and recertification procedures.
1. The owner or operator shall ensure that each emission monitoring system required by Subpart H of 40 CFR Part 75 (that includes the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR 75.20. The owner or operator shall ensure that all applicable certification tests are successfully completed by the deadlines specified in 9VAC5-140-700 C. In addition, whenever the owner or operator installs a monitoring system in order to meet the requirements of this part in a location where no such emission monitoring system was previously installed, initial certification according to 40 CFR 75.20 is required.
2. Whenever the owner or operator makes a replacement, modification, or change in a certified emission monitoring system that may significantly affect the ability of the system to accurately measure or record NOx mass emissions or heat input rate or to meet the requirements of 40 CFR 75.21 or Appendix B to 40 CFR Part 75, the owner or operator shall recertify the emission monitoring system according to 40 CFR 75.20(b). Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 CFR 75.20(b). Examples of changes that require recertification include: replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site.
3. a. The NOx authorized account representative shall submit to the permitting authority, the EPA Region III Office and the administrator a written notice of the dates of certification in accordance with 9VAC5-140-730.
b. The NOx authorized account representative shall submit to the permitting authority a certification application for each emission monitoring system required under Subpart H of 40 CFR Part 75. A complete certification application shall include the information specified in Subpart H of 40 CFR Part 75.
c. Except for units using the low mass emission excepted
methodology under 40 CFR 75.19, the provisional certification date for a
monitor shall be determined using the procedures set forth in 40 CFR 75.20(a)(3).
A provisionally certified monitor may be used under the NOx Budget Trading
Program for a period not to exceed 120 days after receipt by the permitting
authority of the complete certification application for the monitoring system
under subdivision 3 b of this subsection. Data measured and recorded by the
provisionally certified monitoring system, in accordance with the requirements
of 40 CFR Part 75, shall be considered valid quality-assured data (retroactive
to the date and time of provisional certification), provided that the
permitting authority does not invalidate the provisional certification by
issuing a notice of disapproval within 120 days of receipt of the complete
certification application by the permitting authority.
d. The permitting authority shall issue a written notice of
approval or disapproval of the certification application to the owner or
operator within 120 days of receipt of the complete certification application
under subdivision 3 b of this subsection. In the event the permitting authority
does not issue such a notice within such 120-day period, each monitoring system
that meets the applicable performance requirements of 40 CFR Part 75 and is
included in the certification application will be deemed certified for use
under the NOx Budget Trading Program.
(1) If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR Part 75, then the permitting authority will issue a written notice of approval of the certification application within 120 days of receipt.
(2) A certification application will be considered complete when all of the applicable information required to be submitted under subdivision 3 b of this subsection has been received by the permitting authority. If the certification application is not complete, then the permitting authority will issue a written notice of incompleteness that sets a reasonable date by which the NOx authorized account representative shall submit the additional information required to complete the certification application. If the NOx authorized account representative does not comply with the notice of incompleteness by the specified date, then the permitting authority may issue a notice of disapproval under subdivision 3 d (3) of this subsection.
(3) If the certification application shows that any monitoring system does not meet the performance requirements of this part, or if the certification application is incomplete and the requirement for disapproval under subdivision 3 d (2) of this subsection has been met, the permitting authority will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the permitting authority and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in subdivision 3 e of this subsection for each monitoring system that is disapproved for initial certification.
(4) The permitting authority may issue a notice of disapproval of the certification status of a monitor in accordance with 9VAC5-140-720 B.
e. If the permitting authority issues a notice of disapproval of a certification application under subdivision 3 d (3) of this subsection or a notice of disapproval of certification status under subdivision 3 d (4) of this subsection, then:
(1) The owner or operator shall substitute the following values, for each hour of unit operation during the period of invalid data specified under 40 CFR 75.20(a)(4)(iii), 40 CFR 75.20(b)(5), 40 CFR 75.20(h)(4), or 40 CFR 75.21(e) and continuing until the date and hour specified under 40 CFR 75.20(a)(5)(i):
(a) For units using or intending to monitor for NOx emission rate and heat input or for units using the low mass emission excepted methodology under 40 CFR 75.19, the maximum potential NOx emission rate and the maximum potential hourly heat input of the unit.
(b) For units intending to monitor for NOx mass emissions using a NOx pollutant concentration monitor and a flow monitor, the maximum potential concentration of NOx and the maximum potential flow rate of the unit under section 2.1 of Appendix A of 40 CFR Part 75;
(2) The NOx authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subdivisions 3 a and b of this subsection; and
(3) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
C. B. The owner or operator of a gas-fired or
oil-fired unit using the low mass emissions excepted methodology under 40 CFR
75.19 shall meet the applicable general operating requirements of 40 CFR 75.10
and the applicable requirements of 40 CFR 75.19. The owner or operator of such
a unit shall also meet the applicable certification and recertification
procedures of subsection B A of this section, except that the
excepted methodology shall be deemed provisionally certified for use under the
NOx Budget Trading Program as of the date on which the
certification application is received by the administrator. The methodology
shall be considered to be certified either upon receipt of a written notice of
approval from the administrator or, if such notice is not provided, at the end
of the administrator's 120-day review period. However, a provisionally
certified or certified low mass emissions excepted methodology shall not be
used to report data under the NOx Budget Trading Program
prior to the applicable commencement date specified in 40 CFR 75.19(a)(1)(ii).
D. C. The NOx authorized account
representative representing the owner or operator of each unit applying to
monitor using an alternative monitoring system approved by the administrator
and, if applicable, the permitting authority under Subpart E of 40 CFR Part 75
shall apply for certification to the permitting authority prior to use of the
system under the NOx Trading Budget Program. The NOx
authorized account representative shall apply for recertification following a
replacement, modification or change according to the procedures in subsection B
A of this section. The owner or operator of an alternative monitoring
system shall comply with the notification and application requirements for
certification according to the procedures specified in subdivision B 3 A
3 of this section and 40 CFR 75.20(f).
9VAC5-140-720. Out of control periods.
A. Whenever any emission monitoring system fails to meet the quality assurance requirements of Appendix B of 40 CFR Part 75, data shall be substituted using the applicable procedures in Subpart D, Subpart H, Appendix D, or Appendix E of 40 CFR Part 75.
B. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under 9VAC5-140-710 or the applicable provisions of 40 CFR Part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the permitting authority will issue a notice of disapproval of the certification status of such system. For the purposes of this subsection an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the administrator. By issuing the notice of disapproval, the permitting authority revokes prospectively the certification status of the system. The data measured and recorded by the system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests. The owner or operator shall follow the initial certification or recertification procedures in 9VAC5-140-710 for each disapproved system.
9VAC5-140-730. Notifications.
The NOx authorized account representative for a NOx
Budget unit shall submit written notice to the permitting authority and the
administrator in accordance with 40 CFR 75.61, except that if the unit is
not subject to an acid rain emissions limitation, the notification is only
required to be sent to the permitting authority.
9VAC5-140-740. Recordkeeping and reporting.
A. 1. The NOx authorized account
representative shall comply with all recordkeeping and reporting requirements
in this section, with the recordkeeping and reporting requirements under 40 CFR
75.73, and with the requirements of 9VAC5-140-100 E 1 9VAC5-140-100 C
1.
2. If the NOx authorized account representative
for a NOx Budget unit subject to an acid rain emission limitation
who signed and certified any submission that is made under Subpart F or G of 40
CFR Part 75 and that includes data and information required under this article
or Subpart H of 40 CFR Part 75 is not the same person as the designated
representative or the alternative designated representative for the unit under
40 CFR Part 72, the submission shall also be signed by the designated
representative or the alternative designated representative.
B. 1. The owner or operator of a unit subject to an acid
rain emissions limitation shall comply with requirements of 40 CFR 75.62,
except that the monitoring plan shall also include all of the information
required by Subpart H of 40 CFR Part 75.
2. The owner or operator of a unit that is not
subject to an acid rain emissions limitation shall comply with requirements
of 40 CFR 75.62, except that the monitoring plan is only required to include
the information required by Subpart H of 40 CFR Part 75.
C. The NOx authorized account representative shall submit an application to the permitting authority within 45 days after completing all initial certification or recertification tests required under 9VAC5-140-710 including the information required under Subpart H of 40 CFR Part 75.
D. The NOx authorized account representative shall submit quarterly reports, as follows:
1. If a unit is subject to an acid rain emission limitation
or if the owner or operator of the NOx budget unit chooses to
meet the annual reporting requirements of this article, the NOx
authorized account representative shall submit a quarterly report, documenting
the NOx mass emissions from the unit, for each calendar quarter
beginning with:
a. For a unit for which the owner or operator intends to
apply or applies for the early reduction credits under 9VAC5-140-430, the
calendar quarter that covers May 1, 2001, through June 30, 2001. NOx
mass emission data shall be recorded and reported from the first hour on May 1,
2001; or
b. For a unit that commences operation before January
1, 2003, and that is not subject to subdivision 1 a of this subsection,
the calendar quarter covering May 1, 2003, through June 30, 2003. NOx
mass emission data shall be recorded and reported from the first hour on May 1,
2003; or
c. b. For a unit that commences operation on or
after January 1, 2003:
(1) The calendar quarter in which the unit commences operation, if unit operation commences during a control period. NOx mass emission data shall be recorded and reported from the date and hour when the unit commences operation; or
(2) The calendar quarter that includes May 1 through June 30 of the first control period following the date on which the unit commences operation, if the unit does not commence operation during a control period. NOx mass emission data shall be recorded and reported from the first hour on May 1 of that control period.
2. If a NOx budget unit is not subject to an acid
rain emission limitation, then the The NOx authorized
account representative shall either:
a. Meet all of the requirements of 40 CFR Part 75 related to monitoring and reporting NOx mass emissions during the entire year and meet the reporting deadlines specified in subdivision 1 of this subsection; or
b. Submit quarterly reports, documenting NOx mass emissions from the unit, only for the period from May 1 through September 30 of each year and including the data described in 40 CFR 75.74 (c)(6). The NOx authorized account representative shall submit such quarterly reports, beginning with:
(1) For a unit for which the owner or operator intends to
apply or applies for early reduction credits under 9VAC5-140-430, the calendar
quarter covering May 1, 2001, through June 30, 2001. NOx mass
emission data shall be recorded and reported from the first hour on May 1,
2001;
(2) For a unit that commences operation before January
1, 2003, and that is not subject to subdivision 2 b (1) of this subsection,
the calendar quarter covering May 1 through June 30, 2003. NOx mass
emission data shall be recorded and reported from the first hour of May 1,
2003;
(3) (2) For a unit that commences operation on
or after January 1, 2003, and during a control period, the calendar quarter in
which the unit commences operation. NOx mass emission data shall be
reported from the date and hour corresponding to when the unit commences
operation; or
(4) (3) For a unit that commences operation on
or after January 1, 2003, and not during a control period, the calendar quarter
that includes May 1 through June 30 of the first control period after the unit
commences operation. NOx mass emission data shall be recorded and
reported from the first hour on May 1 of the first control period after the
unit commences operation.
3. The NOx authorized account representative shall submit each quarterly report to the administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in Subpart H of 40 CFR Part 75 and 40 CFR 75.64.
a. For units subject to an acid rain emissions limitation,
quarterly reports shall include all of the data and information required in
Subpart H of 40 CFR Part 75 for each NOx Budget unit (or group of
units using a common stack) as well as information required in Subpart G of 40
CFR Part 75.
b. For units not subject to an acid rain emissions
limitation, quarterly Quarterly reports are only required to include
all of the data and information required in Subpart H of 40 CFR Part 75 for
each NOx Budget unit (or group of units using a common stack).
4. The NOx authorized account representative
shall submit to the administrator a compliance certification in support of each
quarterly report based on reasonable inquiry of those persons with primary
responsibility for ensuring that all of the unit's emissions are correctly and
fully monitored. The certification shall state that:
a. The monitoring data submitted were recorded in
accordance with the applicable requirements of this article and 40 CFR Part 75,
including the quality assurance procedures and specifications; and
b. For a unit with add-on NOx emission controls
and for all hours where data are substituted in accordance with 40 CFR
75.34(a)(1), the add-on emission controls were operating within the range of
parameters listed in the monitoring plan and the substitute values do not
systematically underestimate NOx emissions; and
c. For a unit that is reporting on a control period basis
under this subsection the NOx emission rate and NOx
concentration values substituted for missing data under Subpart D of 40 CFR
Part 75 are calculated using only values from a control period and do not
systematically underestimate NOx emissions.
9VAC5-140-750. Petitions.
A. The NOx authorized account representative of
a NOx Budget unit that is subject to an acid rain emissions
limitation may submit a petition under 40 CFR 75.66 to the administrator
requesting approval to apply an alternative to any requirement of this article.
1. Application of an alternative to any requirement of this
article is in accordance with this article only to the extent that the petition
is approved by the administrator, in consultation with the permitting
authority.
2. Notwithstanding subdivision 1 of this subsection, if the
petition requests approval to apply an alternative to a requirement concerning
any additional CEMS required under the common stack provisions of 40 CFR 75.72,
the petition is governed by subsection B of this section.
B. The NOx authorized account representative
of a NOx Budget unit that is not subject to an acid rain
emissions limitation may submit a petition under 40 CFR 75.66 to the
permitting authority and the administrator requesting approval to apply an
alternative to any requirement of this article.
1. The NOx authorized account representative of a
NOx Budget unit that is subject to an acid rain emissions limitation
may submit a petition under 40 CFR 75.66 to the permitting authority and the
administrator requesting approval to apply an alternative to a requirement
concerning any additional CEMS required under the common stack provisions of 40
CFR 75.72 or a NOx concentration CEMS used under 40 CFR 75.71(a)(2).
2. Application of an alternative to any requirement of
this article is in accordance with this article only to the extent the petition
under this subsection is approved by both the permitting
authority and the administrator.
9VAC5-140-760. Additional requirements to provide heat input data for allocations purposes. (Repealed.)
A. The owner or operator of a unit that elects to monitor
and report NOx mass emissions using a NOx concentration system
and a flow system shall also monitor and report heat input at the unit level
using the procedures set forth in 40 CFR Part 75.
B. The owner or operator of a unit that monitor and report
NOx mass emissions using a NOx concentration system and a
flow system shall also monitor and report heat input at the unit level using
the procedures set forth in 40 CFR Part 75 for any source that is applying for
early reduction credits under 9VAC5-140-430.
Article 9
Individual Unit Opt-ins (Repealed.)
9VAC5-140-800. Applicability. (Repealed.)
A unit that is not a NOx Budget unit under
9VAC5-140-40 A, is not a unit exempt under 9VAC5-140-40 B, vents all of its emissions
to a stack, and is operating may qualify under this article to become a NOx
Budget opt-in source. A unit that is a NOx Budget unit under
9VAC5-140-40 A, is covered by an exemption under 9VAC5-140-40 B or 9VAC5-140-50
that is in effect, or is not operating is not eligible to become a NOx
Budget opt-in source.
9VAC5-140-810. General. (Repealed.)
Except otherwise as provided in this part, a NOx Budget opt-in source shall be treated as a NOx Budget unit for purposes of applying Articles 1 (9VAC5-140-10 et seq.) through 8 (9VAC5-140-700 et seq.) of this part.
9VAC5-140-820. NOx authorized account
representative. (Repealed.)
A unit for which an application for a NOx Budget
opt-in permit is submitted and not denied or withdrawn, or a NOx
Budget opt-in source located at the same source as one or more NOx Budget
units, shall have the same NOx authorized account representative as
such NOx Budget units.
9VAC5-140-830. Applying for NOx Budget opt-in
permit. (Repealed.)
A. In order to apply for an initial NOx Budget
opt-in permit, the NOx authorized account representative of a unit qualified
under 9VAC5-140-800 may submit to the permitting authority at any time, except
as provided under 9VAC5-140-860 G:
1. A complete NOx Budget permit application under
9VAC5-140-220;
2. A monitoring plan submitted in accordance with Article 8
(9VAC5-140-700 et seq.) of this part; and
3. A complete account certificate of representation under
9VAC5-140-130, if no NOx authorized account representative has been
previously designated for the unit.
B. The NOx authorized account representative of
a NOx Budget opt-in source shall submit a complete NOx
Budget permit application under 9VAC5-140-220 to renew the NOx
Budget opt-in permit in accordance with 9VAC5-140-210 C and, if applicable, an
updated monitoring plan in accordance with Article 8 (9VAC5-140-700 et seq.) of
this part.
9VAC5-140-840. Opt-in process. (Repealed.)
The permitting authority will issue or deny a NOx Budget opt-in permit for a unit for which an initial application for a NOx Budget opt-in permit under 9VAC5-140-830 is submitted, in accordance with 9VAC5-140-200 and the following:
1. The permitting authority will determine, on an interim basis, the sufficiency of the monitoring plan accompanying the initial application for a NOx Budget opt-in permit under 9VAC5-140-830. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NOx emissions rate and heat input of the unit are monitored and reported in accordance with Article 8 (9VAC5-140-700 et seq.) of this part. A determination of sufficiency shall not be construed as acceptance or approval of the unit's monitoring plan.
2. If the permitting authority determines that the unit's monitoring plan is sufficient under subdivision 1 of this section and after completion of monitoring system certification under Article 8 (9VAC5-140-700 et seq.) of this part, the NOx emissions rate and the heat input of the unit shall be monitored and reported in accordance with Article 8 (9VAC5-140-700 et seq.) of this part for one full control period during which monitoring system availability is not less than 90% and during which the unit is in full compliance with any applicable state or federal emissions or emissions-related requirements. Solely for purposes of applying the requirements in the prior sentence, the unit shall be treated as a "NOx Budget unit" prior to issuance of a NOx Budget opt-in permit covering the unit.
3. Based on the information monitored and reported under subdivision 2 of this section, the unit's baseline heat rate shall be calculated as the unit's total heat input (in mmBtu) for the control period and the unit's baseline NOx emissions rate shall be calculated as the unit's total NOx emissions (in lb) for the control period divided by the unit's baseline heat rate.
4. After calculating the baseline heat input and the baseline NOx emissions rate for the unit under subdivision 3 of this section, the permitting authority will serve a draft NOx Budget opt-in permit on the NOx authorized account representative of the unit.
5. Within 20 days after the issuance of the draft NOx Budget opt-in permit, the NOx authorized account representative of the unit shall submit to the permitting authority a confirmation of the intention to opt in the unit or a withdrawal of the application for a NOx Budget opt-in permit under 9VAC5-140-830. The permitting authority will treat the failure to make a timely submission as a withdrawal of the NOx Budget opt-in permit application.
6. If the NOx authorized account representative confirms the intention to opt-in the unit under subdivision 5 of this section, the permitting authority will issue the draft NOx Budget opt-in permit in accordance with 9VAC5-140-200.
7. Notwithstanding subdivisions 1 through 6 of this section, if at any time before issuance of a draft NOx Budget opt-in permit for the unit, the permitting authority determines that the unit does not qualify as a NOx Budget opt-in source under 9VAC5-140-800, the permitting authority will issue a draft denial of a NOx Budget opt-in permit for the unit in accordance with 9VAC5-140-200.
8. A NOx authorized account representative of a unit may withdraw its application for a NOx Budget opt-in permit under 9VAC5-140-830 at any time prior to the issuance of the final NOx Budget opt-in permit. Once the application for a NOx Budget opt-in permit is withdrawn, a NOx authorized account representative wanting to reapply shall submit a new application for a NOx Budget permit under 9VAC5-140-830.
9. The effective date of the initial NOx Budget opt-in permit shall be May 1 of the first control period starting after the issuance of the initial NOx Budget opt-in permit by the permitting authority. The unit shall be a NOx Budget opt-in source and a NOx Budget unit as of the effective date of the initial NOx Budget opt-in permit.
9VAC5-140-850. NOx Budget opt-in permit contents.
(Repealed.)
A. Each NOx Budget opt-in permit (including any
draft or proposed NOx Budget opt-in permit, if applicable) will
contain all elements required for a complete NOx Budget opt-in permit
application under 9VAC5-140-220.
B. Each NOx Budget opt-in permit is deemed to
incorporate automatically the definitions of terms under 9VAC5-140-20 and, upon
recordation by the administrator under Article 6 (9VAC5-140-500 et seq.),
Article 7 (9VAC5-140-600 et seq.), or Article 9 (9VAC5-140-800 et seq.) of this
part, every allocation, transfer, or deduction of NOx allowances to
or from the compliance accounts of each NOx Budget opt-in source
covered by the NOx Budget opt-in permit or the overdraft account of
the NOx Budget source where the NOx Budget opt-in source
is located.
9VAC5-140-860. Withdrawal from NOx Budget Trading
Program. (Repealed.)
A. To withdraw from the NOx Budget Trading
Program, the NOx authorized account representative of a NOx
Budget opt-in source shall submit to the permitting authority a request to withdraw
effective as of a specified date prior to May 1 or after September 30. The
submission shall be made no later than 90 days prior to the requested effective
date of withdrawal.
B. Before a NOx Budget opt-in source covered by
a request under subsection A of this section may withdraw from the NOx
Budget Trading Program and the NOx Budget opt-in permit may be
terminated under subsection E of this section, the following conditions shall
be met:
1. For the control period immediately before the withdrawal
is to be effective, the NOx authorized account representative shall
submit or shall have submitted to the permitting authority an annual compliance
certification report in accordance with 9VAC5-140-300.
2. If the NOx Budget opt-in source has excess
emissions for the control period immediately before the withdrawal is to be
effective, the administrator will deduct or has deducted from the NOx
Budget opt-in source's compliance account, or the overdraft account of the NOx
Budget source where the NOx Budget opt-in source is located, the
full amount required under 9VAC5-140-540 D for the control period.
3. After the requirements for withdrawal under subdivisions
1 and 2 of this subsection are met, the administrator will deduct from the NOx
Budget opt-in source's compliance account, or the overdraft account of the NOx
Budget source where the NOx Budget opt-in source is located, NOx
allowances equal in number to and allocated for the same or a prior control
period as any NOx allowances allocated to that source under
9VAC5-140-880 for any control period for which the withdrawal is to be
effective. The administrator will close the NOx Budget opt-in
source's compliance account and will establish, and transfer any remaining
allowances to, a new general account for the owners and operators of the NOx
Budget opt-in source. The NOX authorized account representative for
the NOx Budget opt-in source shall become the NOx
authorized account representative for the general account.
C. A NOx Budget opt-in source that withdraws
from the NOx Budget Trading Program shall comply with all
requirements under the NOx Budget Trading Program concerning all
years for which such NOx Budget opt-in source was a NOx
Budget opt-in source, even if such requirements arise or must be complied with
after the withdrawal takes effect.
D. 1. After the requirements for withdrawal under
subsections A and B of this section are met (including deduction of the full
amount of NOx allowances required), the permitting authority will
issue a notification to the NOx authorized account representative of
the NOx Budget opt-in source of the acceptance of the withdrawal of
the NOx Budget opt-in source as of a specified effective date that
is after such requirements have been met and that is prior to May 1 or after
September 30.
2. If the requirements for withdrawal under subsections A
and B of this section are not met, the permitting authority will issue a
notification to the NOx authorized account representative of the NOx
Budget opt-in source that the NOx Budget opt-in source's request to
withdraw is denied. If the NOx Budget opt-in source's request to
withdraw is denied, the NOx Budget opt-in source shall remain
subject to the requirements for a NOx Budget opt-in source.
E. After the permitting authority issues a notification
under subdivision D 1 of this section that the requirements for withdrawal have
been met, the permitting authority will revise the NOx Budget permit
covering the NOx Budget opt-in source to terminate the NOx
Budget opt-in permit as of the effective date specified under subdivision D 1
of this section. A NOx Budget opt-in source shall continue to be a
NOx Budget opt-in source until the effective date of the
termination.
F. If the permitting authority denies the NOx
Budget opt-in source's request to withdraw, the NOx authorized
account representative may submit another request to withdraw in accordance
with subsections A and B of this section.
G. Once a NOx Budget opt-in source withdraws
from the NOx Budget Trading Program and its NOx Budget
opt-in permit is terminated under this section, the NOx authority
account representative may not submit another application for a NOx
Budget opt-in permit under 9VAC5-140-830 for the unit prior to the date that is
four years after the date on which the terminated NOx Budget opt-in
permit became effective.
9VAC5-140-870. Change in regulatory status. (Repealed.)
A. When a NOx Budget opt-in source becomes a NOx Budget unit under 9VAC5-140-40, the NOx authorized account representative shall notify in writing the permitting authority and the administrator of such change in the NOx Budget opt-in source's regulatory status, within 30 days of such change.
B. Upon notification under subsection A of this section, the permitting authority and administrator will take the following actions:
1. a. When the NOx Budget opt-in source becomes a NOx Budget unit under 9VAC5-140-40, the permitting authority will revise the NOx Budget opt-in source's NOx Budget opt-in permit to meet the requirements of a NOx Budget permit under 9VAC5-140-230 as of an effective date that is the date on which such NOx Budget opt-in source becomes a NOx Budget unit under 9VAC5-140-40.
b. (1) The administrator will deduct from the compliance account for the NOx Budget unit under subdivision 1 a of this subsection, or the overdraft account of the NOx Budget source where the unit is located, NOx allowances equal in number to and allocated for the same or a prior control period as:
(a) Any NOx allowances allocated to the NOx Budget unit (as a NOx Budget opt-in source) under 9VAC5-140-880 for any control period after the last control period during which the unit's NOx Budget opt-in permit was effective; and
(b) If the effective date of the NOx Budget permit revision under subdivision 1 a of this subsection is during a control period, the NOx allowances allocated to the NOx Budget unit (as a NOx Budget opt-in source) under 9VAC5-140-880 for the control period multiplied by the ratio of the number of days, in the control period, starting with the effective date of the permit revision under subdivision 1 a of this subsection, divided by the total number of days in the control period.
(2) The NOx authorized account representative shall ensure that the compliance account of the NOx Budget unit under subdivision 1 a of this subsection, or the overdraft account of the NOx Budget source where the unit is located, includes the NOx allowances necessary for completion of the deduction under subdivision 1 b (1) of this subsection. If the compliance account or overdraft account does not contain sufficient NOx allowances, the administrator will deduct the required number of NOx allowances, regardless of the control period for which they were allocated, whenever NOx allowances are recorded in either account.
c. (1) For every control period during which the NOx Budget permit revised under subdivision 1 a of this subsection is effective, the NOx Budget unit under subdivision 1 a of this subsection will be treated, solely for purposes of NOx allowance allocations under 9VAC5-140-420, as a unit that commenced operation on the effective date of the NOx Budget permit revision under subdivision 1 a of this subsection and will be allocated NOx allowances under 9VAC5-140-420.
(2) Notwithstanding subdivision 1 c (1) of this subsection, if the effective date of the NOx Budget permit revision under subdivision 1 a of this subsection is during a control period, the following number of NOx allowances will be allocated to the NOx Budget unit under subdivision 1 a of this subsection under 9VAC5-140-420 for the control period: the number of NOx allowances otherwise allocated to the NOx Budget unit under 9VAC5-140-420 for the control period multiplied by the ratio of the number of days, in the control period, starting with the effective date of the permit revision under subdivision 1 a of this subsection, divided by the total number of days in the control period.
2. a. When the NOx authorized account representative of a NOx Budget opt-in source does not renew its NOx Budget opt-in permit under 9VAC5-140-830 B, the administrator will deduct from the NOx Budget opt-in unit's compliance account, or the overdraft account of the NOx Budget source where the NOx Budget opt-in source is located, NOx allowances equal in number to and allocated for the same or a prior control period as any NOx allowances allocated to the NOx Budget opt-in source under 9VAC5-140-880 for any control period after the last control period for which the NOx Budget opt-in permit is effective. The NOx authorized account representative shall ensure that the NOx Budget opt-in source's compliance account or the overdraft account of the NOx Budget source where the NOx Budget opt-in source is located includes the NOx allowances necessary for completion of such deduction. If the compliance account or overdraft account does not contain sufficient NOx allowances, the administrator will deduct the required number of NOx allowances, regardless of the control period for which they were allocated, whenever NOx allowances are recorded in either account.
b. After the deduction under subdivision 2 a of this subsection is completed, the administrator will close the NOx Budget opt-in source's compliance account. If any NOx allowances remain in the compliance account after completion of such deduction and any deduction under 9VAC5-140-540, the administrator will close the NOx Budget opt-in source's compliance account and will establish, and transfer any remaining allowances to, a new general account for the owners and operators of the NOx Budget opt-in source. The NOx authorized account representative for the NOx Budget opt-in source shall become the NOx authorized account representative for the general account.
9VAC5-140-880. NOx allowance allocations to opt-in
units. (Repealed.)
A. 1. By December 31 immediately before the first control
period for which the NOx Budget opt-in permit is effective, the
permitting authority will allocate NOx allowances to the NOx
Budget opt-in source and submit to the administrator the allocation for the
control period in accordance with subsection B of this section.
2. By no later than December 31, after the first control
period for which the NOx Budget opt-in permit is in effect, and
December 31 of each year thereafter, the permitting authority will allocate NOx
allowances to the NOx Budget opt-in source, and submit to the
administrator allocations for the next control period, in accordance with
subsection B of this section.
B. For each control period for which the NOx
Budget opt-in source has an approved NOx Budget opt-in permit, the
NOx Budget opt-in source will be allocated NOx allowances
in accordance with the following procedures:
1. The heat input (in mmBtu) used for calculating NOx
allowance allocations shall be the lesser of:
a. The NOx Budget opt-in source's baseline heat
input determined pursuant to subdivision 3 of 9VAC5-140-840; or
b. The NOx Budget opt-in source's heat input, as
determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this part,
for the control period in the year prior to the year of the control period for
which the NOx allocations are being calculated.
2. The permitting authority will allocate NOx
allowances to the NOx Budget opt-in source in an amount equaling the
heat input (in mmBtu) determined under subdivision 1 of this subsection
multiplied by the lesser of:
a. The NOx Budget opt-in source's baseline NOx
emissions rate (in lb/mmBtu) determined pursuant to subdivision 3 of 9VAC5-140-840;
or
b. The most stringent state or federal NOx
emissions limitation applicable to the NOx Budget opt-in source
during the control period.
3. The permitting authority will not allocate to any NOx
Budget opt-in source any NOx allowances from the state trading
program budget set forth in 9VAC5-140-900.
Article 10
State Trading Program Budget and Compliance Supplement Pool (Repealed.)
9VAC5-140-900. State trading program budget. (Repealed.)
For use in each control period for the year 2004 and each
year thereafter, the total number of NOx tons apportioned to all NOx
Budget units is the sum of the NOx tons apportioned under
9VAC5-140-920 and 9VAC5-140-930.
9VAC5-140-910. Compliance supplement pool budget for years 2004 and 2005. (Repealed.)
For use in each control period for the years 2004 and 2005, the total number of NOx tons apportioned to all NOx Budget units for use as a compliance supplement pool is the number of NOx tons specified for the Commonwealth of Virginia in Appendix D to 40 CFR Part 97.
9VAC5-140-920. Total electric generating unit allocations. (Repealed.)
A. For use in each control period for the years 2004 through 2008, the total number of NOx tons apportioned to all NOx Budget units under 9VAC5-140-40 A 1 is the number of NOx tons specified for EGUs for the Commonwealth of Virginia in Appendix C to 40 CFR Part 97.
B. For use in each control period for the year 2009 and each year thereafter, the total number of NOx tons apportioned to all NOx Budget units under 9VAC5-140-40 A 1 is 17,091.
9VAC5-140-930. Total nonelectric generating unit allocations. (Repealed.)
A. For use in each control period for the years 2004 through 2008, the total number of NOx tons apportioned to all NOx Budget units under 9VAC5-140-40 A 2 is 4,104.
B. For use in each control period for the year 2009 and each year thereafter, the total number of NOx tons apportioned to all NOx Budget units under 9VAC5-140-40 A 2 is 4,104.