Final Text
Part II
NOX Annual Trading Program
Article 1
CAIR NOX Annual Trading Program General Provisions
9VAC5-140-1010. Purpose and authority. (Repealed.)
A. This part establishes general provisions and the
designated representative, permitting, allowance, monitoring, and opt-in
provisions for the State Clean Air Interstate Rule (CAIR) NOX Annual
Trading Program, under § 110 of the Clean Air Act (42 USC § 7410) and 40 CFR
51.123, as a means of mitigating interstate transport of fine particulates and
nitrogen oxides.
B. The purpose of this part is not to create the CAIR NOX
Annual Trading Program only for CAIR NOX units and CAIR NOX
sources geographically located within the borders of the Commonwealth of
Virginia. Upon approval by EPA in accordance with 40 CFR 51.123 (o)(1) or (2),
qualifying CAIR NOX units and CAIR NOX sources within the
Commonwealth will become full participants in the EPA-administered regional
CAIR NOX Annual Trading Program, which will include CAIR NOX
units and CAIR NOX sources permitted by authorities in all other
states that are participating in the regional CAIR NOX Annual
Trading Program.
C. This part should not be interpreted to limit the CAIR NOX
Annual Trading Program to Virginia CAIR NOX units and CAIR NOX
sources, which would be contrary to the intention that CAIR NOX
units and CAIR NOX sources covered by CAIR programs of other states
approved in accordance with 40 CFR 51.123 (o)(1) or (2) or by the CAIR Federal
Implementation Plan (subparts AA through II of 40 CFR Part 97) may trade
allowances with CAIR NOX units and CAIR NOX sources in
the Commonwealth. While the CAIR NOX Annual Trading Program must
include CAIR NOX units and CAIR NOX sources and
permitting authorities beyond the borders of the Commonwealth, the permitting
authority for Virginia (the State Air Pollution Control Board) has no authority
to ensure compliance with this part by any permitting authority, person or
entity outside the Commonwealth.
D. The board has the authority under the Code of Virginia
to regulate the allocations of allowances, issuance of the budget permits, the
administration of the opt-in provisions and other duties assigned to the
permitting authority only for CAIR NOX units and CAIR NOX
sources in Virginia. The board authorizes the administrator to assist the board
in implementing the CAIR NOX Annual Trading Program by carrying out
the functions set forth for the administrator in this part.
9VAC5-140-1020. Definitions. (Repealed.)
A. As used in this part, all words or terms not defined
here shall have the meaning given them in 9VAC5-10 (General Definitions) unless
otherwise required by context.
B. For the purpose of this part and any related use, the
words or terms shall have the meaning given them in this subsection.
"Account number" means the identification number
given by the administrator to each CAIR NOX Allowance Tracking
System account.
"Acid rain emissions limitation" means a
limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid
Rain Program.
"Acid Rain Program" means a multistate sulfur
dioxide and nitrogen oxides air pollution control and emission reduction program
established by the administrator under Title IV of the CAA and 40 CFR Parts 72
through 78.
"Administrator" means the administrator of the
United States Environmental Protection Agency or the administrator's duly
authorized representative.
"Allocate" or "allocation" means, with
regard to CAIR NOX allowances, the determination by a permitting
authority or the administrator of the amount of such CAIR NOX
allowances to be initially credited to a CAIR NOX unit, a new unit
set-aside, a new energy efficiency/renewable energy unit set-aside, or other
entity.
"Allocation year" means the year in which
allowance allocations are calculated for a future year.
"Allowance transfer deadline" means, for a
control period, midnight of March 1 (if it is a business day), or midnight of
the first business day thereafter (if March 1 is not a business day),
immediately following the control period and is the deadline by which a CAIR NOX
allowance transfer must be submitted for recordation in a CAIR NOX source's
compliance account in order to be used to meet the source's CAIR NOX
emissions limitation for such control period in accordance with 9VAC5-140-1540.
"Alternate CAIR-designated representative" means,
for a CAIR NOX source and each CAIR NOX unit at the
source, the natural person who is authorized by the owners and operators of the
source and all such units at the source, in accordance with Article 2
(9VAC5-140-1100 et seq.) and Article 9 (9VAC5-140-1800 et seq.) of this part,
to act on behalf of the CAIR-designated representative in matters pertaining to
the CAIR NOX Annual Trading Program. If the CAIR NOX
source is also a CAIR SO2 source, then this natural person shall be
the same person as the alternate CAIR-designated representative under the CAIR
SO2 Trading Program. If the CAIR NOX source is also a
CAIR NOX Ozone Season source, then this natural person shall be the
same person as the alternate CAIR-designated representative under the CAIR NOX
Ozone Season Trading Program. If the CAIR NOX source is also subject
to the Acid Rain Program, then this natural person shall be the same person as
the alternate designated representative under the Acid Rain Program. If the
CAIR NOX source is also subject to the Hg Budget Trading Program,
then this natural person shall be the same person as the alternate Hg
designated representative under the Hg Budget Trading Program.
"Automated data acquisition and handling system"
or "DAHS" means that component of the continuous emission monitoring
system, or other emissions monitoring system approved for use under Article 8
(9VAC5-140-1700 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 (9VAC5-140-1700 et seq.) of this part.
"Biomass" means:
1. Any organic material grown for the purpose of being
converted to energy;
2. Any organic byproduct of agriculture that can be
converted into energy; or
3. Any material that can be converted into energy and is
nonmerchantable for other purposes, that is segregated from other
nonmerchantable material, and that is:
a. A forest-related organic resource, including mill
residues, precommercial thinnings, slash, brush, or byproduct from conversion
of trees to merchantable material; or
b. A wood material, including pallets, crates, dunnage,
manufacturing and construction materials (other than pressure-treated,
chemically-treated, or painted wood products), and landscape or right-of-way
tree trimmings.
"Biomass energy" means energy derived from the
combustion or electro-chemical reaction (as with a fuel cell) of hydrocarbon
materials of a biogenic origin using a solid, liquid or gaseous fuel. Biomass
fuel materials include, but are not limited to, animal wastes (e.g., manure)
and clean plant materials (e.g., wood chips, waste paper and crop wastes).
Biomass fuels exclude products that have emissions that include heavy metals
and other neurotoxins (e.g., municipal solid wastes). Biomass fuel materials
may be converted to a gaseous fuel, such as landfills (i.e., landfill gas) or
waste treatment facilities (i.e., digester gas), or to liquid fuels (e.g.,
biodiesel). To be considered a biomass facility, the facility must (i) employ
maximum achievable control technology and continuous emission stack monitors
for all chemical emissions of concern to human health and (ii) be listed in one
of the following categories: anaerobic digestion systems operating on animal or
plant wastes, methane gas, combustion of clean wood, bark or other plant
material; or on combustion of fuels derived entirely from processing of clean
wood, bark, or other plant or animal material, including processing by
gasification, pyrolysis, fermentation, distillation, or densification.
"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.
"Bottoming-cycle cogeneration unit" means a
cogeneration unit in which the energy input to the unit is first used to
produce useful thermal energy and at least some of the reject heat from the
useful thermal energy application or process is then used for electricity
production.
"CAIR-authorized account representative" means,
with regard to a general account, a responsible natural person who is
authorized, in accordance with Article 2 (9VAC5-140-1100 et seq.), Article 6
(9VAC5-140-1500 et seq.), and Article 9 (9VAC5-140-1800 et seq.) of this part,
to transfer and otherwise dispose of CAIR NOX allowances held in the
general account and, with regard to a compliance account, the CAIR-designated
representative of the source.
"CAIR-designated representative" means, for a
CAIR NOX source and each CAIR NOX unit at the source, the
natural person who is authorized by the owners and operators of the source and
all such units at the source, in accordance with Article 2 (9VAC5-140-1100 et
seq.) and Article 9 (9VAC5-140-1800 et seq.) of this part, to represent and
legally bind each owner and operator in matters pertaining to the CAIR NOX
Annual Trading Program. If the CAIR NOX source is also a CAIR SO2
source, then this natural person shall be the same person as the CAIR-designated
representative under the CAIR SO2 Trading Program. If the CAIR NOX
source is also a CAIR NOX Ozone Season source, then this natural
person shall be the same person as the CAIR-designated representative under the
CAIR NOX Ozone Season Trading Program. If the CAIR NOX
source is also subject to the Acid Rain Program, then this natural person shall
be the same person as the designated representative under the Acid Rain
Program. If the CAIR NOX source is also subject to the Hg Budget
Trading Program, then this natural person shall be the same person as the Hg
designated representative under the Hg Budget Trading Program.
"CAIR NOX allowance" means a limited
authorization issued by a permitting authority or the administrator under
Article 5 (9VAC5-140-1400 et seq.) of this part or 9VAC5-140-1880, provisions
of an implementation plan that are approved under 40 CFR 51.123(o)(1) or (2) or
(p), or under subpart EE of 40 CFR Part 97 or 40 CFR 97.188, to emit one ton of
nitrogen oxides during a control period of the specified calendar year for
which the authorization is allocated or of any calendar year thereafter under
the CAIR NOX Program. An authorization to emit nitrogen oxides that
is not issued under Article 5 (9VAC5-140-1400 et seq.) of this part or
9VAC5-140-1880, provisions of an implementation plan that are approved under 40
CFR 51.123(o)(1) or (2) or (p), or under subpart EE of 40 CFR Part 97 or 40 CFR
97.188 shall not be a CAIR NOX allowance. No provision of the CAIR
NOX Annual Trading Program, the CAIR permit application, the CAIR
permit, or an exemption under 9VAC5-140-1040 B or 9VAC5-140-1050 and no
provision of law shall be construed to limit the authority of the United States
or board to terminate or limit such authorization, which does not constitute a
property right.
"CAIR NOX allowance deduction" or
"deduct CAIR NOX allowances" means the permanent
withdrawal of CAIR NOX allowances by the administrator from a
compliance account, e.g., in order to account for a specified number of tons of
total nitrogen oxides emissions from all CAIR NOX units at a CAIR NOX
source for a control period, determined in accordance with Article 8
(9VAC5-140-1700 et seq.) of this part, or to account for excess emissions.
"CAIR NOX Allowance Tracking System"
means the system by which the administrator records allocations, deductions,
and transfers of CAIR NOX allowances under the CAIR NOX
Annual Trading Program. Such allowances will be allocated, held, deducted, or
transferred only as whole allowances.
"CAIR NOX Allowance Tracking System
account" means an account in the CAIR NOX Allowance Tracking
System established by the administrator for purposes of recording the
allocation, holding, transferring, or deducting of CAIR NOX
allowances.
"CAIR NOX allowances held" or
"hold CAIR NOX allowances" means the CAIR NOX
allowances recorded by the administrator, or submitted to the administrator for
recordation, in accordance with Article 6 (9VAC5-140-1500 et seq.), Article 7
(9VAC5-140-1600 et seq.), and Article 9 (9VAC5-140-1800 et seq.) of this part,
in a CAIR NOX Allowance Tracking System account.
"CAIR NOX Annual core trading budget"
means the amount of tons of NOX emissions in the CAIR NOX
Annual trading budget for the control period minus the new unit set-aside
budget and the new energy efficiency/renewable energy unit set-aside budget.
"CAIR NOX Annual trading budget" means
the total number of NOX tons set forth in 9VAC5-140-1400 and
apportioned to all CAIR NOX units and energy efficiency/renewable
energy units in accordance with the CAIR NOX Annual Trading Program,
for use in a given control period.
"CAIR NOX Annual Trading Program"
means a multistate nitrogen oxides air pollution control and emission reduction
program approved and administered by the administrator in accordance with this
part, subparts AA through II of 40 CFR Part 96, and 40 CFR 51.123 (o)(1) or (2)
or established by the administrator in accordance with subparts AA through II
of 40 CFR Part 97 and 40 CFR 51.123(p) and 52.35, as a means of mitigating
interstate transport of fine particulates and nitrogen oxides.
"CAIR NOX emissions limitation" means,
for a CAIR NOX source, the tonnage equivalent, in NOX emissions
in a control period, of the CAIR NOX allowances available for
deduction for the source under 9VAC5-140-1540 A and B for the control period.
"CAIR NOX Ozone Season source" means a
source that is subject to the CAIR NOX Ozone Season Trading Program.
"CAIR NOX Ozone Season Trading Program"
means a multistate nitrogen oxides air pollution control and emission reduction
program approved and administered by the administrator in accordance with Part
III (9VAC5-140-2010 et seq.) of this chapter, subparts AAAA through IIII of 40
CFR Part 96, and 40 CFR 51.123 (aa)(1) or (2) and (bb)(1), (bb)(2), or (dd) or
established by the administrator in accordance with subparts AAAA through IIII
of 40 CFR Part 97 and 40 CFR 51.123(ee) and 52.35, as a means of mitigating
interstate transport of ozone and nitrogen oxides.
"CAIR NOX source" means a source that
includes one or more CAIR NOX units.
"CAIR NOX unit" means a unit that is
subject to the CAIR NOX Annual Trading Program under 9VAC5-140-1040 and,
except for purposes of 9VAC5-140-1050 and Article 5 (9VAC5-140-1400 et seq.) of
this part, a CAIR NOX opt-in unit under Article 9 (9VAC5-140-1800 et
seq.) of this part.
"CAIR permit" means the terms and conditions in a
Title V operating permit or state operating permit, issued by the permitting
authority under Article 3 (9VAC5-140-1200 et seq.) of this part, including any
permit revisions, specifying the CAIR NOX Annual Trading Program
requirements applicable to a CAIR NOX source, to each CAIR NOX
unit at the source, and to the owners and operators and the CAIR-designated
representative of the source and each such unit.
"CAIR SO2 source" means a source that
is subject to the CAIR SO2 Trading Program.
"CAIR SO2 Trading Program" means a
multistate sulfur dioxide air pollution control and emission reduction program
approved and administered by the administrator in accordance with Part IV
(9VAC5-140-3010 et seq.) of this chapter, subparts AAA through III of 40 CFR
Part 96, and 40 CFR 51.124 (o)(1) or (2) or established by the administrator in
accordance with subparts AAA through III of 40 CFR Part 97 and 40 CFR 51.124(r)
and 52.36, as a means of mitigating interstate transport of fine particulates
and sulfur dioxide.
"Clean Air Act" or "CAA" means the Clean
Air Act, 42 USC § 7401 et seq.
"Coal" means any solid fuel classified as
anthracite, bituminous, subbituminous, or lignite.
"Coal-derived fuel" means any fuel (whether in a
solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical
processing of coal.
"Coal-fired" means:
1. Except for purposes of Article 5 (9VAC5-140-1400 et seq.)
of this part, combusting any amount of coal or coal-derived fuel, alone or in
combination with any amount of any other fuel, during any year; or
2. For purposes of Article 5 (9VAC5-140-1400 et seq.) of
this part, combusting any amount of coal or coal-derived fuel, alone or in
combination with any amount of any other fuel, during a specified year.
"Cogeneration unit" means a stationary,
fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine:
1. Having equipment used to produce electricity and useful
thermal energy for industrial, commercial, heating, or cooling purposes through
the sequential use of energy;
2. Producing during the 12-month period starting on the date
the unit first produces electricity and during any calendar year after the
calendar year in which the unit first produces electricity:
a. For a topping-cycle cogeneration unit:
(1) Useful thermal energy not less than 5.0% of total
energy output; and
(2) Useful power that, when added to one-half of useful
thermal energy produced, is not less then 42.5% of total energy input, if
useful thermal energy produced is 15% or more of total energy output, or not
less than 45% of total energy input, if useful thermal energy produced is less
than 15% of total energy output.
b. For a bottoming-cycle cogeneration unit, useful power
not less than 45% of total energy input; and
3. Provided that the total energy input under subdivisions 2
a (2) and 2 b of this definition shall equal the unit's total energy input from
all fuel except biomass if the unit is a boiler.
"Combustion turbine" means:
1. An enclosed device comprising 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; and
2. If the enclosed device under subdivision 1 of this
definition is combined cycle, any associated duct burner, heat recovery steam
generator, and steam turbine.
"Commence commercial operation" means, with
regard to a unit:
1. 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 9VAC5-140-1050 and subdivision 8 of 9VAC5-140-1840.
a. For a unit that is a CAIR NOX unit under
9VAC5-140-1040 on the later of November 15, 1990, or the date the unit
commences commercial operation as defined in subdivision 1 of this definition
and that subsequently undergoes a physical change (other than replacement of
the unit by a unit at the same source), such date shall remain the date of
commencement of commercial operation of the unit, which shall continue to be
treated as the same unit.
b. For a unit that is a CAIR NOX unit under
9VAC5-140-1040 on the later of November 15, 1990, or the date the unit
commences commercial operation as defined in subdivision 1 of this definition
and that is subsequently replaced by a unit at the same source (e.g.,
repowered), such date shall remain the replaced unit's date of commencement of
commercial operation, and the replacement unit shall be treated as a separate
unit with a separate date for commencement of commercial operation as defined
in subdivision 1 or 2 of this definition as appropriate.
2. Notwithstanding subdivision 1 of this definition and
except as provided in 9VAC5-140-1050, for a unit that is not a CAIR NOX
unit under 9VAC5-140-1040 on the later of November 15, 1990, or the date the
unit commences commercial operation as defined in subdivision 1 of this
definition, the unit's date for commencement of commercial operation shall be
the date on which the unit becomes a CAIR NOX unit under
9VAC5-140-1040.
a. For a unit with a date for commencement of commercial
operation as defined in subdivision 2 of this definition and that subsequently
undergoes a physical change (other than replacement of the unit by a unit at
the same source), such date shall remain the date of commencement of commercial
operation of the unit, which shall continue to be treated as the same unit.
b. For a unit with a date for commencement of commercial
operation as defined in subdivision 2 of this definition and that is
subsequently replaced by a unit at the same source (e.g., repowered), such date
shall remain the replaced unit's date of commencement of commercial operation,
and the replacement unit shall be treated as a separate unit with a separate
date for commencement of commercial operation as defined in subdivision 1 or 2
of this definition as appropriate.
"Commence operation" means:
1. 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 subdivision 8 of 9VAC5-140-1840.
2. For a unit that undergoes a physical change (other than
replacement of the unit by a unit at the same source) after the date the unit
commences operation as defined in subdivision 1 of this definition, such date
shall remain the date of commencement of operation of the unit, which shall
continue to be treated as the same unit.
3. For a unit that is replaced by a unit at the same source
(e.g., repowered) after the date the unit commences operation as defined in
subdivision 1 of this definition, such date shall remain the replaced unit's
date of commencement of operation, and the replacement unit shall be treated as
a separate unit with a separate date for commencement of operation as defined
in subdivision 1, 2, or 3 of this definition as appropriate, except as provided
in subdivision 8 of 9VAC5-140-1840.
"Common stack" means a single flue through which
emissions from 2 or more units are exhausted.
"Compliance account" means a CAIR NOX Allowance
Tracking System account, established by the administrator for a CAIR NOX
source under Article 6 (9VAC5-140-1500 et seq.) or Article 9 (9VAC5-140-1800 et
seq.) of this part, in which any CAIR NOX allowance allocations for
the CAIR NOX units at the source are initially recorded and in which
are held any CAIR NOX allowances available for use for a control
period in order to meet the source's CAIR NOX emissions limitation
in accordance with 9VAC5-140-1540.
"Continuous emission monitoring system" or "CEMS"
means the equipment required under Article 8 (9VAC5-140-1700 et seq.) of this
part to sample, analyze, measure, and provide, by means of readings recorded at
least once every 15 minutes (using an automated data acquisition and handling
system (DAHS)), a permanent record of nitrogen oxides emissions, stack gas
volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide
concentration (as applicable), in a manner consistent with 40 CFR Part 75. The
following systems are the principal types of continuous emission monitoring
systems required under Article 8 (9VAC5-140-1700 et seq.) of this part:
1. A flow monitoring system, consisting of a stack flow rate
monitor and an automated data acquisition and handling system and providing a
permanent, continuous record of stack gas volumetric flow rate, in standard
cubic feet per hour (scfh);
2. A nitrogen oxides concentration monitoring system,
consisting of a NOX pollutant concentration monitor and an automated
data acquisition and handling system and providing a permanent, continuous
record of NOX emissions, in parts per million (ppm);
3. A nitrogen oxides emission rate (or NOX-diluent)
monitoring system, consisting of a NOX pollutant concentration
monitor, a diluent gas (CO2 or O2) monitor, and an
automated data acquisition and handling system and providing a permanent,
continuous record of NOX concentration, in parts per million (ppm),
diluent gas concentration, in percent CO2 or O2, and NOX
emission rate, in pounds per million British thermal units (lb/mmBtu);
4. A moisture monitoring system, as defined in 40 CFR
75.11(b)(2) and providing a permanent, continuous record of the stack gas
moisture content, in percent H2O;
5. A carbon dioxide monitoring system, consisting of a CO2
pollutant concentration monitor (or an oxygen monitor plus suitable
mathematical equations from which the CO2 concentration is derived)
and an automated data acquisition and handling system and providing a
permanent, continuous record of CO2 emissions, in percent CO2;
and
6. An oxygen monitoring system, consisting of an O2
concentration monitor and an automated data acquisition and handling system and
providing a permanent, continuous record of O2, in percent O2.
"Control period" means the period beginning
January 1 of a calendar year, except as provided in 9VAC5-140-1060 C 2, and
ending on December 31 of the same year, inclusive.
"EERE proponent" means any person who owns,
leases, operates or controls an energy efficiency unit or a renewable energy
unit, or an EERE representative.
"EERE representative" means a party that
aggregates one or more energy efficiency units or renewable energy units. An
EERE representative may include, without limitation, a common owner of
projects, an energy service company, an emission trading broker or a state or
municipal entity.
"Emissions" means air pollutants exhausted from a
unit or source into the atmosphere, as measured, recorded, and reported to the
administrator by the CAIR-designated representative and as determined by the
administrator in accordance with Article 8 (9VAC5-140-1700 et seq.) of this
part.
"Energy efficiency unit" means an end-use energy
efficiency project implemented after January 1, 2006, that reduces electricity
consumption at a building or facility located in Virginia according to an
energy efficiency verification protocol acceptable to the permitting authority.
Projects resulting in energy savings at a CAIR NOX unit are not
encompassed within this definition.
"Excess emissions" means any ton of nitrogen
oxides emitted by the CAIR NOX units at a CAIR NOX source
during a control period that exceeds the CAIR NOX emissions
limitation for the source.
"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,
combusting any amount of fossil fuel in any calendar year.
"Fuel oil" means any petroleum-based fuel
(including diesel fuel or petroleum derivatives such as oil tar) and any
recycled or blended petroleum products or petroleum byproducts used as a fuel
whether in a liquid, solid, or gaseous state.
"General account" means a CAIR NOX
Allowance Tracking System account, established under Article 6 (9VAC5-140-1500
et seq.) of this part, that is not a compliance account.
"Generator" means a device that produces
electricity.
"Gross electrical output" means, with regard to a
cogeneration unit, electricity made available for use, including any such electricity
used in the power production process (which process includes, but is not
limited to, any on-site processing or treatment of fuel combusted at the unit
and any on-site emission controls).
"Heat input" means, with regard to a specified period
of time, the product (in mmBtu/time) of the gross calorific value of the fuel
(in Btu/lb) divided by 1,000,000 Btu/mmBtu and multiplied by the fuel feed rate
into a combustion device (in lb of fuel/time), as measured, recorded, and
reported to the administrator by the CAIR-designated representative and
determined by the administrator in accordance with Article 8 (9VAC5-140-1700 et
seq.) of this part and excluding the heat derived from preheated combustion
air, recirculated flue gases, or exhaust from other sources.
"Heat input rate" means the amount of heat input
(in mmBtu) divided by unit operating time (in hr) or, with regard to a specific
fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the
unit operating time (in hr) during which the unit combusts the fuel.
"Hg Budget Trading Program" means a multistate Hg
air pollution control and emission reduction program approved and administered
by the administrator in accordance with Part VI (9VAC5-140-5010 et seq.) of
this chapter and 40 CFR 60.24(h)(6), or established by the administrator under
§ 111 of the Clean Air Act, as a means of reducing national Hg emissions.
"Implementation plan" means the portion or
portions of the state implementation plan, or the most recent revision thereof,
which 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
generated by 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 no less 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 maximum
amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a
steady state basis as of the initial installation of the unit as specified by
the manufacturer of the unit.
"Monitoring system" means any monitoring system
that meets the requirements of Article 8 (9VAC5-140-1700 et seq.) of this part,
including a continuous emissions monitoring system, an alternative monitoring
system, or an excepted monitoring system under 40 CFR Part 75.
"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 resulting in the lowest emissions rate.
"Nameplate capacity" means, starting from the
initial installation of a generator, the maximum electrical generating output
(in MWe) that the generator is capable of producing on a steady state basis and
during continuous operation (when not restricted by seasonal or other
deratings) as of such installation as specified by the manufacturer of the
generator or, starting from the completion of any subsequent physical change in
the generator resulting in an increase in the maximum electrical generating
output (in MWe) that the generator is capable of producing on a steady state
basis and during continuous operation (when not restricted by seasonal or other
deratings), such increased maximum amount as of such completion as specified by
the person conducting the physical change.
"New energy efficiency/renewable energy unit set-aside
budget" means the amount of tons of NOX emissions in the CAIR
NOX Annual trading budget for each control period in 2009 and
thereafter multiplied by 1.0%, rounded to the nearest whole allowance as
appropriate.
"New unit set-aside budget" means the amount of
tons of NOX emissions in the CAIR NOX Annual trading
budget for the control period to which the new unit set-aside applies
multiplied by the new unit set-aside percentage, rounded to the nearest whole
allowance as appropriate.
"New unit set-aside percentage" means 4.0% for
each control period in 2009 through 2013 or 1.0% for each control period in
2014 and thereafter.
"Nonattainment condition" means a condition where
any area is shown by air quality monitoring data or that is shown by an air
quality impact analysis (using modeling or other methods determined by the
board to be reliable) to exceed the levels allowed by the ambient air quality
standard for a given pollutant, regardless of whether such demonstration is
based on current or projected emissions data.
"Oil-fired" means, for purposes of Article 5
(9VAC5-140-1400 et seq.) of this part, combusting fuel oil for more than 15% of
the annual heat input in a specified year and not qualifying as coal-fired.
"Operator" means any person who operates,
controls, or supervises a CAIR NOX unit or a CAIR NOX
source and shall include, but not be limited to, any holding company, utility
system, or plant manager of such a unit or source.
"Owner" means any of the following persons:
1. With regard to a CAIR NOX source or a CAIR NOX
unit at a source, respectively:
a. Any holder of any portion of the legal or equitable
title in a CAIR NOX unit at the source or the CAIR NOX
unit;
b. Any holder of a leasehold interest in a CAIR NOX
unit at the source or the CAIR NOX unit; or
c. Any purchaser of power from a CAIR NOX unit
at the source or the CAIR NOX unit under a life of the unit, firm
power contractual arrangement; provided that, unless expressly provided for in
a leasehold agreement, the 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) on the revenues or income from
such CAIR NOX unit; or
2. With regard to any general account, any person who has an
ownership interest with respect to the CAIR NOX allowances held in
the general account and who is subject to the binding agreement for the
CAIR-authorized account representative to represent the person's ownership
interest with respect to CAIR NOX allowances.
"Permitting authority" means the state air
pollution control agency, local agency, other state agency, or other agency
authorized by the administrator to issue or revise permits to meet the
requirements of the CAIR NOX Annual Trading Program or, if no such
agency has been so authorized, the administrator. For the Commonwealth of
Virginia, the permitting authority shall be the State Air Pollution Control
Board. The board will issue or revise permits to meet the requirements of the
CAIR NOX Annual Trading Program in accordance with Article 3
(9VAC5-140-1200 et seq.) of this part.
"Potential electrical output capacity" means 33%
of a unit's maximum design heat input, divided by 3,413 Btu/kWh, divided by
1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
"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 hard
copy or by authorized electronic transmission), as indicated in an official
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 CAIR NOX allowances, the movement
of CAIR NOX allowances by the administrator into or between CAIR NOX
Allowance Tracking System accounts, 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 40 CFR 75.22.
"Renewable energy unit" means an electric
generator that began commercial operation after January 1, 2006, and is powered
by (i) wind, solar, ocean thermal, wave, tidal, geothermal, or biomass energy;
or (ii) fuel cells powered by hydrogen generated by a renewable energy source.
Renewable energy does not include energy derived from (i) material that has
been treated or painted or derived from demolition or construction material; (ii)
municipal, industrial or other multiple source solid waste; and (iii) co-firing
of biomass with fossil fuels or solid waste.
"Replacement," "replace," or
"replaced" means, with regard to a unit, the demolishing of a unit,
or the permanent shutdown and permanent disabling of a unit, and the
construction of another unit (the replacement unit) to be used instead of the
demolished or shutdown unit (the replaced unit).
"Repowered" means, with regard to a unit,
replacement of a coal-fired boiler with one of the following coal-fired
technologies at the same source as the coal-fired boiler:
1. Atmospheric or pressurized fluidized bed combustion;
2. Integrated gasification combined cycle;
3. Magnetohydrodynamics;
4. Direct and indirect coal-fired turbines;
5. Integrated gasification fuel cells; or
6. As determined by the administrator in consultation with
the Secretary of Energy, a derivative of one or more of the technologies under
subdivisions 1 through 5 of this definition and any other coal-fired technology
capable of controlling multiple combustion emissions simultaneously with
improved boiler or generation efficiency and with significantly greater waste
reduction relative to the performance of technology in widespread commercial
use as of January 1, 2005.
"Sequential use of energy" means:
1. For a topping-cycle cogeneration unit, the use of reject
heat from electricity production in a useful thermal energy application or
process; or
2. For a bottoming-cycle cogeneration unit, the use of
reject heat from useful thermal energy application or process in electricity
production.
"Serial number" means, for a CAIR NOX
allowance, the unique identification number assigned to each CAIR NOX
allowance by the administrator.
"Solid waste incineration unit" means a
stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired
combustion turbine that is a "solid waste incineration unit" as
defined in § 129(g)(1) of the Clean Air Act.
"Source" means all buildings, structures, or
installations located in one or more contiguous or adjacent properties under
common control of the same person or persons. For purposes of § 502(c) of the
Clean Air Act, 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 9VAC5-80 (Permits for
Stationary Sources).
"State operating permit regulations" means the
regulations codified in Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5-80
(Permits for Stationary Sources).
"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" or "service" 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 9VAC5-80 (Permits for Stationary Sources).
"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 9VAC5-80 (Permits for Stationary Sources).
"Ton" means 2,000 pounds. For the purpose of
determining compliance with the CAIR NOX emissions limitation, total
tons of nitrogen oxides emissions for a control period shall be calculated as
the sum of all recorded hourly emissions (or the mass equivalent of the
recorded hourly emission rates) in accordance with Article 8 (9VAC5-140-1700 et
seq.) of this part, but with any remaining fraction of a ton equal to or
greater than 0.50 tons deemed to equal one ton and any remaining fraction of a
ton less than 0.50 tons deemed to equal zero tons.
"Topping-cycle cogeneration unit" means a
cogeneration unit in which the energy input to the unit is first used to
produce useful power, including electricity, and at least some of the reject
heat from the electricity production is then used to provide useful thermal
energy.
"Total energy input" means, with regard to a
cogeneration unit, total energy of all forms supplied to the cogeneration unit,
excluding energy produced by the cogeneration unit itself. Each form of energy
supplied shall be measured by the lower heating value of that form of energy
calculated as follows:
LHV = HHV 10.55(W + 9H)
where:
LHV = lower heating value of fuel in Btu/lb.
HHV = higher heating value of fuel in Btu/lb.
W = Weight percent of moisture in fuel.
H = Weight percent of hydrogen in fuel.
"Total energy output" means, with regard to a
cogeneration unit, the sum of useful power and useful thermal energy produced
by the cogeneration unit.
"Unit" means a stationary, fossil-fuel-fired
boiler or combustion turbine or other stationary, fossil-fuel-fired combustion
device.
"Unit operating day" means a calendar day in
which a unit combusts any fuel.
"Unit operating hour" or "hour of unit
operation" means an hour in which a unit combusts any fuel.
"Useful power" means, with regard to a
cogeneration unit, electricity or mechanical energy made available for use,
excluding any such energy used in the power production process (which process
includes, but is not limited to, any on-site processing or treatment of fuel
combusted at the unit and any on-site emission controls).
"Useful thermal energy" means, with regard to a
cogeneration unit, thermal energy that is:
1. Made available to an industrial or commercial process
(not a power production process), excluding any heat contained in condensate
return or makeup water;
2. Used in a heating application (e.g., space heating or
domestic hot water heating); or
3. Used in a space cooling application (i.e., thermal energy
used by an absorption chiller).
"Utility power distribution system" means the
portion of an electricity grid owned or operated by a utility and dedicated to
delivering electricity to customers.
9VAC5-140-1030. Measurements, abbreviations, and acronyms.
(Repealed.)
Measurements, abbreviations, and acronyms used in this part
are defined as follows:
Btu-British thermal unit.
CO2-carbon dioxide.
H2O-water.
Hg-mercury.
hr-hour.
kW-kilowatt electrical.
kWh-kilowatt hour.
lb-pound.
mmBtu-million Btu.
MWe-megawatt electrical.
MWh-megawatt hour.
NOX-nitrogen oxides.
O2-oxygen.
ppm-parts per million.
scfh-standard cubic feet per hour.
SO2-sulfur dioxide.
yr-year.
9VAC5-140-1040. Applicability. (Repealed.)
A. Except as provided in subsection B of this section:
1. The following units shall be CAIR NOX units,
and any source that includes one or more such units shall be a CAIR NOX
source, subject to the requirements of this article and Article 2
(9VAC5-140-1100 et seq.) through Article 8 (9VAC5-140-1700 et seq.) of this
part: any stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired
combustion turbine serving at any time, since the later of November 15, 1990,
or the start-up of the unit's combustion chamber, a generator with nameplate
capacity of more than 25 MWe producing electricity for sale.
2. If a stationary boiler or stationary combustion turbine
that, under subdivision 1 of this subsection, is not a CAIR NOX unit
begins to combust fossil fuel or to serve a generator with nameplate capacity
of more than 25 MWe producing electricity for sale, the unit shall become a
CAIR NOX unit as provided in subdivision 1 of this subsection on the
first date on which it both combusts fossil fuel and serves such generator.
B. The units that meet the requirements set forth in
subdivision 1 a, 2 a, or 2 b of this subsection shall not be CAIR NOX
units:
1. a. Any unit that is a CAIR NOX unit under
subdivision A 1 or 2 of this section:
(1) Qualifying as a cogeneration unit during the 12-month
period starting on the date the unit first produces electricity and continuing
to qualify as a cogeneration unit; and
(2) Not serving at any time, since the later of November
15, 1990, or the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe supplying in any calendar year more than
one-third of the unit's potential electric output capacity or 219,000 MWh,
whichever is greater, to any utility power distribution system for sale.
b. If a unit qualifies as a cogeneration unit during the
12-month period starting on the date the unit first produces electricity and
meets the requirements of subdivision 1 a of this subsection for at least one
calendar year, but subsequently no longer meets all such requirements, the unit
shall become a CAIR NOX unit starting on the earlier of January 1
after the first calendar year during which the unit first no longer qualifies
as a cogeneration unit or January 1 after the first calendar year during which
the unit no longer meets the requirements of subdivision 1 a (2) of this
subsection.
2. a. Any unit that is a CAIR NOX unit under
subdivision A 1 or 2 of this section commencing operation before January 1,
1985:
(1) Qualifying as a solid waste incineration unit; and
(2) With an average annual fuel consumption of nonfossil
fuel for 1985-1987 exceeding 80% (on a Btu basis) and an average annual fuel
consumption of nonfossil fuel for any three consecutive calendar years after
1990 exceeding 80% (on a Btu basis).
b. Any unit that is a CAIR NOX unit under
subdivision A 1 or 2 of this section commencing operation on or after January
1, 1985:
(1) Qualifying as a solid waste incineration unit; and
(2) With an average annual fuel consumption of nonfossil
fuel for the first three calendar years of operation exceeding 80% (on a Btu
basis) and an average annual fuel consumption of nonfossil fuel for any three
consecutive calendar years after 1990 exceeding 80% (on a Btu basis).
3. If a unit qualifies as a solid waste incineration unit
and meets the requirements of subdivision 2 a or b of this subsection for at
least three consecutive calendar years, but subsequently no longer meets all
such requirements, the unit shall become a CAIR NOX unit starting on
the earlier of January 1 after the first calendar year during which the unit
first no longer qualifies as a solid waste incineration unit or January 1 after
the first three consecutive calendar years after 1990 for which the unit has an
average annual fuel consumption of fossil fuel of 20% or more.
9VAC5-140-1050. Retired unit exemption. (Repealed.)
A. 1. Any CAIR NOX unit that is permanently
retired and is not a CAIR NOX opt-in unit under Article 9
(9VAC5-140-1800 et seq.) of this part shall be exempt from the CAIR NOX
Annual Trading Program, except for the provisions of this section,
9VAC5-140-1020, 9VAC5-140-1030, 9VAC5-140-1040, 9VAC5-140-1060 C 4 through 7,
9VAC5-140-1070, 9VAC5-140-1080, Article 2 (9VAC5-140-1100 et seq.), and Article
5 (9VAC5-140-1400 et seq.) through Article 7 (9VAC5-140-1600 et seq.) of this
part.
2. The exemption under subdivision 1 of this subsection
shall become effective the day on which the CAIR NOX unit is
permanently retired. Within 30 days of the unit's permanent retirement, the
CAIR-designated representative shall submit a statement to the permitting
authority otherwise responsible for administering any CAIR permit for the unit
and shall submit a copy of the statement to the administrator. The statement
shall state, in a format acceptable to the permitting authority, that the unit
was permanently retired on a specific date and will comply with the
requirements of subsection B of this section.
3. After receipt of the statement under subdivision 2 of
this subsection, the permitting authority will amend any permit under Article 3
(9VAC5-140-1200 et seq.) of this part 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 B of this section.
B. Special provisions for exempt units shall be as follows:
1. A unit exempt under subsection A of this section shall
not emit any nitrogen oxides, starting on the date that the exemption takes
effect.
2. The permitting authority will allocate CAIR NOX
allowances under Article 5 (9VAC5-140-1400 et seq.) of this part to a unit
exempt under subsection A of this section.
3. For a period of five years from the date the records are
created, the owners and operators of a unit exempt under subsection A of 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 before 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.
4. The owners and operators and, to the extent applicable,
the CAIR-designated representative of a unit exempt under subsection A of this
section shall comply with the requirements of the CAIR NOX Annual
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.
5. A unit exempt under subsection A of 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 CAIR-designated representative of the source submits a complete CAIR permit
application under 9VAC5-140-1220 for the unit not less than 18 months (or such
lesser time acceptable to the permitting authority) before the later of January
1, 2009, or the date on which the unit resumes operation.
6. On the earlier of the following dates, a unit exempt
under subsection A of this section shall lose its exemption:
a. The date on which the CAIR-designated representative
submits a CAIR permit application for the unit under subdivision 5 of this
subsection;
b. The date on which the CAIR-designated representative is
required under subdivision 5 of this subsection to submit a CAIR permit
application for the unit; or
c. The date on which the unit resumes operation, if the
CAIR-designated representative is not required to submit a CAIR permit
application for the unit.
7. For the purpose of applying monitoring, reporting, and
recordkeeping requirements under Article 8 (9VAC5-140-1700 et seq.) of this
part, a unit that loses its exemption under subsection A of this section shall
be treated as a unit that commences commercial operation on the first date on
which the unit resumes operation.
9VAC5-140-1060. Standard requirements. (Repealed.)
A. Permit requirements shall be as follows:
1. The CAIR-designated representative of each CAIR NOX
source required to have a Title V operating permit and each CAIR NOX
unit required to have a Title V operating permit at the source shall:
a. Submit to the permitting authority a complete CAIR
permit application under 9VAC5-140-1220 in accordance with the deadlines
specified in 9VAC5-140-1210; and
b. Submit in a timely manner any supplemental information
that the permitting authority determines is necessary in order to review a CAIR
permit application and issue or deny a CAIR permit.
2. The owners and operators of each CAIR NOX
source required to have a Title V operating permit and each CAIR NOX
unit required to have a Title V operating permit at the source shall have a
CAIR permit issued by the permitting authority under Article 3 (9VAC5-140-1200
et seq.) of this part for the source and operate the source and the unit in compliance
with such CAIR permit.
3. Except as provided in Article 9 (9VAC5-140-1800 et seq.)
of this part, the owners and operators of a CAIR NOX source that is
not otherwise required to have a Title V operating permit and each CAIR NOX
unit that is not otherwise required to have a Title V operating permit are not
required to submit a CAIR permit application, and to have a CAIR permit, under
Article 3 (9VAC5-140-1200 et seq.) of this part for such CAIR NOX
source and such CAIR NOX unit.
B. Monitoring, reporting, and recordkeeping shall be
performed as follows:
1. The owners and operators, and the CAIR-designated
representative, of each CAIR NOX source and each CAIR NOX
unit at the source shall comply with the monitoring, reporting, and
recordkeeping requirements of Article 8 (9VAC5-140-1700 et seq.) of this part.
2. The emissions measurements recorded and reported in
accordance with Article 8 (9VAC5-140-1700 et seq.) of this part shall be used
to determine compliance by each CAIR NOX source with the CAIR NOX
emissions limitation under subsection C of this section.
C. Nitrogen oxides emission requirements shall be as
follows:
1. As of the allowance transfer deadline for a control
period, the owners and operators of each CAIR NOX source and each
CAIR NOX unit at the source shall hold, in the source's compliance
account, CAIR NOX allowances available for compliance deductions for
the control period under 9VAC5-140-1540 A in an amount not less than the tons
of total nitrogen oxides emissions for the control period from all CAIR NOX
units at the source, as determined in accordance with Article 8 (9VAC5-140-1700
et seq.) of this part.
2. A CAIR NOX unit shall be subject to the
requirements under subdivision 1 of this subsection for the control period
starting on the later of January 1, 2009, or the deadline for meeting the
unit's monitor certification requirements under 9VAC5-140-1700 C 1, 2, or 5 and
for each control period thereafter.
3. A CAIR NOX allowance shall not be deducted,
for compliance with the requirements under subdivision 1 of this subsection,
for a control period in a calendar year before the year for which the CAIR NOX
allowance was allocated.
4. CAIR NOX allowances shall be held in, deducted
from, or transferred into or among CAIR NOX Allowance Tracking
System accounts in accordance with Article 5 (9VAC5-140-1400 et seq.), Article
6 (9VAC5-140-1500 et seq.), Article 7 (9VAC5-140-1600 et seq.), and Article 9
(9VAC5-140-1800 et seq.) of this part.
5. A CAIR NOX allowance is a limited authorization
to emit one ton of nitrogen oxides in accordance with the CAIR NOX
Annual Trading Program. No provision of the CAIR NOX Annual Trading
Program, the CAIR permit application, the CAIR permit, or an exemption under
9VAC5-140-1050 and no provision of law shall be construed to limit the
authority of the state or the United States to terminate or limit such
authorization.
6. A CAIR NOX allowance does not constitute a
property right.
7. Upon recordation by the administrator under Article 5
(9VAC5-140-1400 et seq.), Article 6 (9VAC5-140-1500 et seq.), Article 7
(9VAC5-140-1600 et seq.), or Article 9 (9VAC5-140-1800 et seq.) of this part,
every allocation, transfer, or deduction of a CAIR NOX allowance to
or from a CAIR NOX source's compliance account is incorporated
automatically in any CAIR permit of the source.
D. If a CAIR NOX source emits nitrogen oxides
during any control period in excess of the CAIR NOX emissions
limitation, then:
1. The owners and operators of the source and each CAIR NOX
unit at the source shall surrender the CAIR NOX allowances required
for deduction under 9VAC5-140-1540 D 1 and pay any fine, penalty, or assessment
or comply with any other remedy imposed, for the same violations, under the
Clean Air Act or the Virginia Air Pollution Control Law; and
2. Each ton of such excess emissions and each day of such
control period shall constitute a separate violation of this article, the Clean
Air Act, and the Virginia Air Pollution Control Law.
E. Recordkeeping and reporting shall be performed as
follows:
1. Unless otherwise provided, the owners and operators of
the CAIR NOX source and each CAIR NOX 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 before the end of five years, in writing by the
permitting authority or the administrator.
a. The certificate of representation under 9VAC5-140-1130
for the CAIR-designated representative for the source and each CAIR NOX
unit at the source and all documents that demonstrate the truth of the
statements in the certificate of representation; 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
certificate of representation under 9VAC5-140-1130 changing the CAIR-designated
representative.
b. All emissions monitoring information, in accordance with
Article 8 (9VAC5-140-1700 et seq.) of this part, provided that to the extent
that Article 8 (9VAC5-140-1700 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 CAIR NOX
Annual Trading Program.
d. Copies of all documents used to complete a CAIR permit
application and any other submission under the CAIR NOX Annual
Trading Program or to demonstrate compliance with the requirements of the CAIR
NOX Annual Trading Program.
2. The CAIR-designated representative of a CAIR NOX
source and each CAIR NOX unit at the source shall submit the reports
required under the CAIR NOX Annual Trading Program, including those
under Article 8 (9VAC5-140-1700 et seq.) of this part.
F. Liability shall be assigned as follows:
1. Each CAIR NOX source and each CAIR NOX
unit shall meet the requirements of the CAIR NOX Annual Trading
Program.
2. Any provision of the CAIR NOX Annual Trading Program
that applies to a CAIR NOX source or the CAIR-designated
representative of a CAIR NOX source shall also apply to the owners
and operators of such source and of the CAIR NOX units at the
source.
3. Any provision of the CAIR NOX Annual Trading Program
that applies to a CAIR NOX unit or the CAIR-designated
representative of a CAIR NOX unit shall also apply to the owners and
operators of such unit.
G. No provision of the CAIR NOX Annual Trading
Program, a CAIR permit application, a CAIR permit, or an exemption under
9VAC5-140-1050 shall be construed as exempting or excluding the owners and
operators, and the CAIR-designated representative, of a CAIR NOX
source or CAIR NOX unit from compliance with any other provision of
the applicable implementation plan, a state operating permit, the Virginia Air
Pollution Control Law, or the Clean Air Act.
9VAC5-140-1070. Computation of time. (Repealed.)
A. Unless otherwise stated, any time period scheduled,
under the CAIR NOX Annual 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 CAIR NOX Annual 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 CAIR NOX Annual Trading Program, falls on a
weekend or a state or federal holiday, the time period shall be extended to the
next business day.
9VAC5-140-1080. Appeal procedures. (Repealed.)
The appeal procedures for decisions of the administrator
under the CAIR NOX Annual Trading Program are set forth in 40 CFR
Part 78.
Article 2
CAIR-designated Representative for CAIR NOx Sources
9VAC5-140-1100. Authorization and responsibilities of
CAIR-designated representative. (Repealed.)
A. Except as provided under 9VAC5-140-1110, each CAIR NOX
source, including all CAIR NOX units at the source, shall have one
and only one CAIR-designated representative, with regard to all matters under
the CAIR NOX Annual Trading Program concerning the source or any
CAIR NOX unit at the source.
B. The CAIR-designated representative of the CAIR NOX
source shall be selected by an agreement binding on the owners and operators of
the source and all CAIR NOX units at the source and shall act in
accordance with the certification statement in 9VAC5-140-1130 A 4 d.
C. Upon receipt by the administrator of a complete
certificate of representation under 9VAC5-140-1130, the CAIR-designated
representative of the source shall represent and, by the CAIR-designated
representative's representations, actions, inactions, or submissions, legally
bind each owner and operator of the CAIR NOX source represented and
each CAIR NOX unit at the source in all matters pertaining to the
CAIR NOX Annual Trading Program, notwithstanding any agreement
between the CAIR-designated representative and such owners and operators. The
owners and operators shall be bound by any decision or order issued to the
CAIR-designated representative by the permitting authority, the administrator,
or a court regarding the source or unit.
D. No CAIR permit will be issued, no emissions data reports
will be accepted, and no CAIR NOX Allowance Tracking System account
will be established for a CAIR NOX unit at a source, until the
administrator has received a complete certificate of representation under
9VAC5-140-1130 for a CAIR-designated representative of the source and the CAIR
NOX units at the source.
E. 1. Each submission under the CAIR NOX Annual
Trading Program shall be submitted, signed, and certified by the
CAIR-designated representative for each CAIR NOX source on behalf of
which the submission is made. Each such submission shall include the following
certification statement by the CAIR-designated representative: "I am
authorized to make this submission on behalf of the owners and operators of the
source or 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 CAIR NOX
source or a CAIR NOX unit only if the submission has been made,
signed, and certified in accordance with subdivision 1 of this subsection.
9VAC5-140-1110. Alternate CAIR-designated representative.
(Repealed.)
A. A certificate of representation under 9VAC5-140-1130 may
designate one and only one alternate CAIR-designated representative, who may
act on behalf of the CAIR-designated representative. The agreement by which the
alternate CAIR-designated representative is selected shall include a procedure
for authorizing the alternate CAIR-designated representative to act in lieu of
the CAIR-designated representative.
B. Upon receipt by the administrator of a complete
certificate of representation under 9VAC5-140-1130, any representation, action,
inaction, or submission by the alternate CAIR-designated representative shall
be deemed to be a representation, action, inaction, or submission by the
CAIR-designated representative.
C. Except in this section and 9VAC5-140-1020,
9VAC5-140-1100 A and D, 9VAC5-140-1120, 9VAC5-140-1130, 9VAC5-140-1150,
9VAC5-140-1510, and 9VAC5-140-1820, whenever the term "CAIR-designated
representative" is used in this part, the term shall be construed to
include the CAIR-designated representative or any alternate CAIR-designated
representative.
9VAC5-140-1120. Changing CAIR-designated representative and
alternate CAIR-designated representative; changes in owners and operators. (Repealed.)
A. The CAIR-designated representative may be changed at any
time upon receipt by the administrator of a superseding complete certificate of
representation under 9VAC5-140-1130. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous
CAIR-designated representative before the time and date when the administrator
receives the superseding certificate of representation shall be binding on the
new CAIR-designated representative and the owners and operators of the CAIR NOX
source and the CAIR NOX units at the source.
B. The alternate CAIR-designated representative may be
changed at any time upon receipt by the administrator of a superseding complete
certificate of representation under 9VAC5-140-1130. Notwithstanding any such
change, all representations, actions, inactions, and submissions by the
previous alternate CAIR-designated representative before the time and date when
the administrator receives the superseding certificate of representation shall
be binding on the new alternate CAIR-designated representative and the owners
and operators of the CAIR NOX source and the CAIR NOX
units at the source.
C. Changes in owners and operators shall be established as
follows:
1. In the event an owner or operator of a CAIR NOX
source or a CAIR NOX unit is not included in the list of owners and
operators in the certificate of representation under 9VAC5-140-1130, such owner
or operator shall be deemed to be subject to and bound by the certificate of
representation, the representations, actions, inactions, and submissions of the
CAIR-designated representative and any alternate CAIR-designated representative
of the source or unit, and the decisions and orders of the permitting
authority, the administrator, or a court, as if the owner or operator were
included in such list.
2. Within 30 days following any change in the owners and
operators of a CAIR NOX source or a CAIR NOX unit,
including the addition of a new owner or operator, the CAIR-designated
representative or any alternate CAIR-designated representative shall submit a
revision to the certificate of representation under 9VAC5-140-1130 amending the
list of owners and operators to include the change.
9VAC5-140-1130. Certificate of representation. (Repealed.)
A. A complete certificate of representation for a
CAIR-designated representative or an alternate CAIR-designated representative
shall include the following elements in a format prescribed by the administrator:
1. Identification of the CAIR NOX source, and
each CAIR NOX unit at the source, for which the certificate of
representation is submitted, including identification and nameplate capacity of
each generator served by such unit.
2. The name, address, email address (if any), telephone
number, and facsimile transmission number (if any) of the CAIR-designated
representative and any alternate CAIR-designated representative.
3. A list of the owners and operators of the CAIR NOX
source and of each CAIR NOX unit at the source.
4. The following certification statements by the
CAIR-designated representative and any alternate CAIR-designated
representative:
a. "I certify that I was selected as the
CAIR-designated representative or alternate CAIR-designated representative, as
applicable, by an agreement binding on the owners and operators of the source
and each CAIR NOX unit at the source."
b. "I certify that I have all the necessary authority
to carry out my duties and responsibilities under the CAIR NOX
Annual Trading Program on behalf of the owners and operators of the source and
of each CAIR NOX unit at the source and that each such owner and
operator shall be fully bound by my representations, actions, inactions, or
submissions."
c. "I certify that the owners and operators of the
source and of each CAIR NOX unit at the source shall be bound by any
order issued to me by the administrator, the permitting authority, or a court
regarding the source or unit."
d. "Where there are multiple holders of a legal or
equitable title to, or a leasehold interest in, a CAIR NOX unit, or
where a utility or industrial customer purchases power from a CAIR NOX
unit under a life-of-the-unit, firm power contractual arrangement, I certify
that: I have given a written notice of my selection as the %31CAIR-designated
representative' or %31alternate CAIR-designated representative', as applicable,
and of the agreement by which I was selected to each owner and operator of the
source and of each CAIR NOX unit at the source; and CAIR NOX
allowances and proceeds of transactions involving CAIR NOX
allowances will be deemed to be held or distributed in proportion to each
holder's legal, equitable, leasehold, or contractual reservation or
entitlement, except that, if such multiple holders have expressly provided for
a different distribution of CAIR NOX allowances by contract, CAIR NOX
allowances and proceeds of transactions involving CAIR NOX
allowances will be deemed to be held or distributed in accordance with the
contract."
5. The signature of the CAIR-designated representative and
any alternate CAIR-designated representative and the dates signed.
B. Unless otherwise required by the permitting authority or
the administrator, documents of agreement referred to in the 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.
9VAC5-140-1140. Objections concerning CAIR-designated
representative. (Repealed.)
A. Once a complete certificate of representation under
9VAC5-140-1130 has been submitted and received, the permitting authority and
the administrator will rely on the certificate of representation unless and
until a superseding complete certificate of representation under 9VAC5-140-1130
is received by the administrator.
B. Except as provided in 9VAC5-140-1120 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 CAIR-designated representative shall affect any
representation, action, inaction, or submission of the CAIR-designated
representative or the finality of any decision or order by the permitting
authority or the administrator under the CAIR NOX Annual Trading
Program.
C. Neither the permitting authority nor the administrator
will adjudicate any private legal dispute concerning the authorization or any
representation, action, inaction, or submission of any CAIR-designated
representative, including private legal disputes concerning the proceeds of
CAIR NOX allowance transfers.
9VAC5-140-1150. Delegation by CAIR-designated representative
and alternate CAIR-designated representative. (Repealed.)
A. A CAIR-designated representative may delegate to one or more
natural persons his authority to make an electronic submission to the
administrator provided for or required under this part.
B. An alternate CAIR-designated representative may delegate
to one or more natural persons his authority to make an electronic submission
to the administrator provided for or required under this part.
C. In order to delegate authority to make an electronic
submission to the administrator in accordance with subsection A or B of this
section, the CAIR-designated representative or alternate CAIR-designated
representative, as appropriate, must submit to the administrator a notice of
delegation, in a format prescribed by the administrator, that includes the
following elements:
1. The name, address, email address, telephone number, and
facsimile transmission number (if any) of such CAIR-designated representative
or alternate CAIR-designated representative;
2. The name, address, email address, telephone number, and
facsimile transmission number (if any) of each such natural person (referred to
as an "agent");
3. For each such natural person, a list of the type or types
of electronic submissions under subsection A or B of this section for which
authority is delegated to him; and
4. The following certification statements by such CAIR-designated
representative or alternate CAIR-designated representative:
a. "I agree that any electronic submission to the
administrator that is by an agent identified in this notice of delegation and
of a type listed for such agent in this notice of delegation and that is made
when I am a CAIR-designated representative or alternate CAIR-designated
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 9VAC5-140-1150 D shall be
deemed to be an electronic submission by me."
b. "Until this notice of delegation is superseded by
another notice of delegation under 9VAC5-140-1150 D, I agree to maintain an
email account and to notify the administrator immediately of any change in my
email address unless all delegation of authority by me under 9VAC5-140-1150 D
is terminated."
D. A notice of delegation submitted under subsection C of
this section shall be effective, with regard to the CAIR-designated
representative or alternate CAIR-designated representative identified in such
notice, upon receipt of such notice by the administrator and until receipt by
the administrator of a superseding notice of delegation submitted by such
CAIR-designated representative or alternate CAIR-designated representative, as
appropriate. The superseding notice of delegation may replace any previously
identified agent, add a new agent, or eliminate entirely any delegation of
authority.
E. Any electronic submission covered by the certification
in subdivision C 4 a of this section and made in accordance with a notice of
delegation effective under subsection D of this section shall be deemed to be
an electronic submission by the CAIR-designated representative or alternate
CAIR-designated representative submitting such notice of delegation.
Article 3
Permits
9VAC5-140-1200. General CAIR NOX Annual Trading
Program permit requirements. (Repealed.)
A. For each CAIR NOX source required to have a
Title V operating permit or required, under Article 9 (9VAC5-140-1800 et seq.)
of this part, to have a Title V operating permit or state operating permit,
such permit shall include a CAIR permit administered by the permitting
authority for the Title V operating permit or the state operating permit as
applicable. The CAIR portion of the Title V permit or state operating permit as
applicable shall be administered in accordance with the permitting authority's
Title V operating permit regulations or regulations for state operating permits
as applicable, except as provided otherwise by 9VAC5-140-1050, this article,
and Article 9 (9VAC5-140-1800 et seq.) of this part.
B. Each CAIR permit shall contain, with regard to the CAIR
NOX source and the CAIR NOX units at the source covered
by the CAIR permit, all applicable CAIR NOX Annual Trading Program,
CAIR NOX Ozone Season Trading Program, and CAIR SO2
Trading Program requirements and shall be a complete and separable portion of
the Title V operating permit or state operating permit under subsection A of
this section.
9VAC5-140-1210. Submission of CAIR permit applications. (Repealed.)
A. The CAIR-designated representative of any CAIR NOX
source required to have a Title V operating permit shall submit to the
permitting authority a complete CAIR permit application under 9VAC5-140-1220
for the source covering each CAIR NOX unit at the source at least 18
months (or such lesser time provided by the permitting authority) before the
later of January 1, 2009, or the date on which the CAIR NOX unit
commences commercial operation, except as provided in 9VAC5-140-1830 A.
B. For a CAIR NOX source required to have a
Title V operating permit, the CAIR-designated representative shall submit a
complete CAIR permit application under 9VAC5-140-1220 for the source covering
each CAIR NOX unit at the source to renew the CAIR permit in
accordance with the permitting authority's Title V operating permit regulations
addressing permit renewal, except as provided in 9VAC5-140-1830 B.
9VAC5-140-1220. Information requirements for CAIR permit
applications. (Repealed.)
A complete CAIR permit application shall include the
following elements concerning the CAIR NOX source for which the application
is submitted, in a format acceptable to the permitting authority:
1. Identification of the CAIR NOX source;
2. Identification of each CAIR NOX unit at the
CAIR NOX source; and
3. The standard requirements under 9VAC5-140-1060.
9VAC5-140-1230. CAIR permit contents and term. (Repealed.)
A. Each CAIR permit will contain, in a format acceptable to
the permitting authority, all elements required for a complete CAIR permit
application under 9VAC5-140-1220.
B. Each CAIR permit is deemed to incorporate automatically
the definitions of terms under 9VAC5-140-1020 and, upon recordation by the
administrator under Article 5 (9VAC5-140-1400 et seq.), Article 6
(9VAC5-140-1500 et seq.), Article 7 (9VAC5-140-1600 et seq.), or Article 9
(9VAC5-140-1800 et seq.) of this part, every allocation, transfer, or deduction
of a CAIR NOX allowance to or from the compliance account of the
CAIR NOX source covered by the permit.
C. The term of the CAIR permit will be set by the permitting
authority, as necessary to facilitate coordination of the renewal of the CAIR
permit with issuance, revision, or renewal of the CAIR NOX source's
Title V operating permit or state operating permit as applicable.
9VAC5-140-1240. CAIR permit revisions. (Repealed.)
Except as provided in 9VAC5-140-1230 B, the permitting
authority will revise the CAIR permit, as necessary, in accordance with the permitting
authority's Title V operating permit regulations or the permitting authority's
regulations for state operating permits as applicable addressing permit
revisions.
Article 4
[Reserved.]
9VAC5-140-1300. (Reserved) (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.
Article 5
CAIR NOx Allowance Allocations
9VAC5-140-1400. CAIR NOX Annual trading budgets.
(Repealed.)
The CAIR NOX Annual trading budgets for annual
allocations of CAIR NOX allowances apportioned to all CAIR NOX
units and energy efficiency units and renewable energy units for the control
periods are as follows:
1. For use in each control period in 2009 through 2014, the
total number of NOX tons is 36,074.
2. For use in each control period in 2015 and thereafter,
the total number of NOX tons is 30,062.
9VAC5-140-1410. Timing requirements for CAIR NOX
allowance allocations. (Repealed.)
A. By October 31, 2006, the permitting authority will
submit to the administrator the CAIR NOX allowance allocations, in a
format prescribed by the administrator and in accordance with 9VAC5-140-1420 A
and B, for the control periods in 2009, 2010, 2011, 2012, and 2013.
B. By October 31, 2009, and October 31 of each year
thereafter, the permitting authority will submit to the administrator the CAIR
NOX allowance allocations, in a format prescribed by the
administrator and in accordance with 9VAC5-140-1420 A and B, for the control
period in the fifth year after the year of the applicable deadline for
submission under this subsection.
C. By October 31, 2009, the permitting authority will
submit to the administrator the CAIR NOX allowance allocations, in a
format prescribed by the administrator and in accordance with 9VAC5-140-1420 A,
C, and E, for the control periods in 2009, 2010, 2011, 2012, and 2013.
D. By October 31, 2014, and October 31 of each year
thereafter, the permitting authority will submit to the administrator the CAIR
NOX allowance allocations, in a format prescribed by the
administrator and in accordance with 9VAC5-140-1420 A, D, and E, for the
control period in the year of the applicable deadline for submission under this
subsection.
9VAC5-140-1420. CAIR NOX allowance allocations.
(Repealed.)
A. 1. The baseline heat input (in mmBtu) used with respect
to CAIR NOX allowance allocations under subsection B of this section
for each CAIR NOX unit will be:
a. For units commencing operation before January 1, 2006,
the average of the three highest amounts of the unit's control period heat
input for the five years prior to the allocation year. For units operating each
calendar year during a period of at least one but less than five consecutive
calendar years, one year or, where available, the average of the two highest
amounts of the unit's control period heat input over the consecutive years of
operation.
b. For units commencing operation on or after January 1,
2006:
(1) For units operating each calendar year during a period
of five or more consecutive calendar years, the average of the three highest
amounts of the unit's total converted control period heat input over the most
recent five years prior to the allocation year.
(2) For units operating each calendar year during a period
of at least three but less than five consecutive calendar years, the average of
the three highest amounts of the unit's total converted control period heat
input over the consecutive years of operation.
(3) For units operating each calendar year during a period
of at least one but less than five consecutive calendar years, one year or,
where available, the average of the two highest amounts of the unit's control
period heat input over the consecutive years of operation.
2. a. A unit's control period heat input for a calendar year
under subdivision 1 a of this subsection, and a unit's total tons of NOX
emissions during a calendar year under subdivision C 3 of this section, will be
determined in accordance with 40 CFR Part 75, to the extent the unit was
otherwise subject to the requirements of 40 CFR Part 75 for the year, or will
be based on the best available data reported to the permitting authority for
the unit, to the extent the unit was not otherwise subject to the requirements
of 40 CFR Part 75 for the year.
b. A unit's converted control period heat input for a
calendar year specified under subdivision 1 b of this section equals:
(1) Except as provided in subdivision (2) of this
subdivision, the control period gross electrical output of the generator or
generators served by the unit multiplied by 7,900 Btu/kWh and divided by
1,000,000 Btu/mmBtu, provided that if a generator is served by two or more
units, then the gross electrical output of the generator will be attributed to
each unit in proportion to the unit's share of the total control period heat
input of such units for the year;
(2) For a unit that has equipment used to produce
electricity and useful thermal energy for industrial, commercial, heating, or
cooling purposes through the sequential use of energy, the control period gross
electrical output of the unit multiplied by 7,900 Btu/kWh, plus the useful
thermal energy (in Btu) produced during the control period, divided by 0.8, and
with the sum divided by 1,000,000 Btu/mmBtu.
B. 1. For each control period in 2009 and thereafter, the
permitting authority will allocate to all CAIR NOX units that have a
baseline heat input (as determined under subsection A of this section) a total
amount of CAIR NOX allowances equal to the CAIR NOX
Annual core trading budget (except as provided in subsection E of this
section).
2. The permitting authority will allocate CAIR NOX
allowances to each CAIR NOX unit under subdivision 1 of this subsection
in an amount determined by multiplying the total amount of CAIR NOX
allowances allocated under subdivision 1 of this subsection by the ratio of the
baseline heat input of such CAIR NOX unit to the total amount of
baseline heat input of all such CAIR NOX units and rounding to the
nearest whole allowance as appropriate.
C. For each control period in 2009 through 2013, the
permitting authority will allocate CAIR NOX allowances to CAIR NOX
units that are not allocated CAIR NOX allowances under subsection B
of this section because the units do not yet have a baseline heat input under
subsection A of this section or because the units have a baseline heat input
but all CAIR NOX allowances available under subsection B of this
section for the control period are already allocated, in accordance with the
following procedures:
1. The permitting authority will establish a separate new
unit set aside for each control period. Each new unit set aside will be
allocated CAIR NOX allowances equal to the new unit set-aside
budget.
2. The CAIR-designated representative of such a CAIR NOX
unit may submit to the permitting authority a request, in a format acceptable
to the permitting authority, to be allocated CAIR NOX allowances,
for each control period in 2009 through 2013. The CAIR NOX allowance
allocation request shall be submitted on or before May 1, 2009, and after the
date on which the CAIR NOX unit commences commercial operation.
3. In a CAIR NOX allowance allocation request
under subdivision 2 of this subsection, the CAIR-designated representative may
request for a control period CAIR NOX allowances in an amount not
exceeding the CAIR NOX unit's total tons of NOX emissions
during the calendar year 2008.
4. The permitting authority will review each CAIR NOX
allowance allocation request under subdivision 2 of this subsection and will
allocate CAIR NOX allowances for each control period pursuant to
such request as follows:
a. The permitting authority will accept an allowance
allocation request only if the request meets, or is adjusted by the permitting
authority as necessary to meet, the requirements of subdivisions 2 and 3 of
this subsection.
b. On or after May 1, 2009, the permitting authority will
determine the sum of the CAIR NOX allowances requested (as adjusted
under subdivision a of this subdivision) in all allowance allocation requests
accepted under subdivision a of this subdivision for the control period.
c. If the amount of CAIR NOX allowances in the
new unit set aside for the control period is greater than or equal to the sum
under subdivision b of this subdivision, then the permitting authority will
allocate the amount of CAIR NOX allowances requested (as adjusted
under subdivision a of this subdivision) to each CAIR NOX unit
covered by an allowance allocation request accepted under subdivision a of this
subdivision.
d. If the amount of CAIR NOX allowances in the
new unit set aside for the control period is less than the sum under
subdivision b of this subdivision, then the permitting authority will allocate
to each CAIR NOX unit covered by an allowance allocation request
accepted under subdivision a of this subdivision the amount of the CAIR NOX
allowances requested (as adjusted under subdivision a of this subdivision),
multiplied by the amount of CAIR NOX allowances in the new unit set
aside for the control period, divided by the sum determined under subdivision b
of this subdivision, and rounded to the nearest whole allowance as appropriate.
e. The permitting authority will notify each
CAIR-designated representative that submitted an allowance allocation request
of the amount of CAIR NOX allowances (if any) allocated for the
control period to the CAIR NOX unit covered by the request.
D. For each control period in 2014 and thereafter, the
permitting authority will allocate CAIR NOX allowances to CAIR NOX
units that are not allocated CAIR NOX allowances under subsection B
of this section because the units do not yet have a baseline heat input under
subsection A of this section or because the units have a baseline heat input
but all CAIR NOX allowances available under subsection B of this
section for the control period are already allocated, in accordance with the
following procedures:
1. The permitting authority will establish a separate new
unit set aside for each control period. Each new unit set aside will be
allocated CAIR NOX allowances equal to the new unit set-aside
budget.
2. The CAIR-designated representative of such a CAIR NOX
unit may submit to the permitting authority a request, in a format acceptable
to the permitting authority, to be allocated CAIR NOX allowances,
starting with the later of the control period in 2014 or the first control
period after the control period in which the CAIR NOX unit commences
commercial operation and until the first control period for which the unit is
allocated CAIR NOX allowances under subsection B of this section. A
separate CAIR NOX allowance allocation request for each control
period for which CAIR NOX allowances are sought must be submitted on
or before May 1 of such control period and after the date on which the CAIR NOX
unit commences commercial operation.
3. In a CAIR NOX allowance allocation request
under subdivision 2 of this subsection, the CAIR-designated representative may
request for a control period CAIR NOX allowances in an amount not
exceeding the CAIR NOX unit's total tons of NOX emissions
during the calendar year immediately before such control period.
4. The permitting authority will review each CAIR NOX
allowance allocation request under subdivision 2 of this subsection and will
allocate CAIR NOX allowances for each control period pursuant to
such request as follows:
a. The permitting authority will accept an allowance
allocation request only if the request meets, or is adjusted by the permitting
authority as necessary to meet, the requirements of subdivisions 2 and 3 of
this subsection.
b. On or after May 1 of the control period, the permitting
authority will determine the sum of the CAIR NOX allowances
requested (as adjusted under subdivision a of this subdivision) in all
allowance allocation requests accepted under subdivision a of this subdivision
for the control period.
c. If the amount of CAIR NOX allowances in the
new unit set aside for the control period is greater than or equal to the sum
under subdivision b of this subdivision, then the permitting authority will
allocate the amount of CAIR NOX allowances requested (as adjusted
under subdivision a of this subdivision) to each CAIR NOX unit
covered by an allowance allocation request accepted under subdivision a of this
subdivision.
d. If the amount of CAIR NOX allowances in the
new unit set aside for the control period is less than the sum under
subdivision b of this subdivision, then the permitting authority will allocate
to each CAIR NOX unit covered by an allowance allocation request
accepted under subdivision a of this subdivision the amount of the CAIR NOX
allowances requested (as adjusted under subdivision a of this subdivision), multiplied
by the amount of CAIR NOX allowances in the new unit set aside for
the control period, divided by the sum determined under subdivision b of this
subdivision, and rounded to the nearest whole allowance as appropriate.
e. The permitting authority will notify each
CAIR-designated representative that submitted an allowance allocation request
of the amount of CAIR NOX allowances (if any) allocated for the
control period to the CAIR NOX unit covered by the request.
E. If, after completion of the procedures under
subdivisions C 4 and D 4 of this section for a control period, any unallocated
CAIR NOX allowances remain in the new unit set aside for the control
period, the permitting authority will allocate to each CAIR NOX unit
that was allocated CAIR NOX allowances under subsection B of this
section an amount of CAIR NOX allowances equal to the total amount
of such remaining unallocated CAIR NOX allowances, multiplied by the
unit's allocation under subsection B of this section, divided by the CAIR NOX
Annual core trading budget, and rounded to the nearest whole allowance as
appropriate.
F. For each control period in 2009 and thereafter, the
permitting authority will establish an annual voluntary public health
set-aside. Any allowances contributed to the public health set-aside will be
permanently retired and will not be available for compliance for any affected
unit.
G. For each control period in 2009 and thereafter, the
permitting authority will allocate CAIR NOX allowances not to exceed
the new energy efficiency/renewable energy unit set-aside budget to qualifying
energy efficiency units and renewable energy units in accordance with the
following procedures:
1. The EERE proponent of an energy efficiency unit or a renewable
energy unit may submit to the permitting authority a request, in a format
acceptable to the permitting authority, to be allocated CAIR NOX
allowances, starting with the later of the control period in 2009 or the first
control period after the control period in which the energy efficiency unit is
implemented or the renewable energy unit commences commercial operation. The
CAIR NOX allowance allocation request must be submitted on or before
July 1 of each control period for which the CAIR NOX allowances are
requested and after the date on which the energy efficiency unit is implemented
or the renewable energy unit commences commercial operation.
2. EERE proponents may submit an application that aggregates
two or more energy efficiency units or renewable energy units. The permitting
authority will not allocate CAIR NOX allowances for energy
efficiency units or renewable energy units totaling less than one whole
allowance or any fraction thereof. If more than one proponent submits an
application for allowances for the same energy efficiency unit or renewable
energy unit for the same calendar year, the permitting authority, at its
discretion, may refuse to accept the applications.
3. In a CAIR NOX allowance allocation request
under subdivisions 1 and 2 of this subsection, the EERE proponent may request
for a control period CAIR NOX allowances in an amount not exceeding:
a. For a renewable energy unit, the control period gross
electrical output of the facility during the calendar year immediately before
such control period multiplied by 1.5 lb/MWh for the years 2009-2014, or 1.25
lb/MWh for 2015 and thereafter and divided by 2000 and rounded to nearest whole
allowance as appropriate.
b. For an energy efficiency unit, the control period
verified reduction in electricity consumption during the calendar year
immediately before such control period multiplied by 1.5 lb/MWh for the years
2009- 2013, or 1.25 lb/MWh for 2014 and thereafter and divided by 2000 and
rounded to the nearest whole allowance as appropriate.
4. The permitting authority will review each CAIR NOX
allowance allocation request under subdivisions 1 and 2 of this subsection and
will allocate CAIR NOX allowances for each control period pursuant
to such request as follows:
a. The permitting authority will accept an allowance
allocation request only if the request meets, or is adjusted by the permitting
authority as necessary to meet, the requirements of subdivisions 1, 2 and 3 of
this subsection.
b. On or after October 1 of the control period, the permitting
authority will determine the sum of the CAIR NOX allowances
requested (as adjusted under subdivision a of this subdivision 4) in all
allowance allocation requests accepted under subdivision a of this subdivision
4 for the control period.
c. If the amount of CAIR NOX allowances in the
energy efficiency/renewable set-aside budget for the control period is greater
than or equal to the sum under subdivision b of this subdivision 4, the
permitting authority will allocate the amount of CAIR NOX allowances
requested (as adjusted under subdivision a of this subdivision 4) to each
energy efficiency unit or renewable energy unit covered by an allowance
allocation request accepted under subdivision a of this subdivision 4.
d. If the amount of CAIR NOX allowances in the
energy efficiency/renewable set-aside budget for the control period is less
than the sum under subdivision b of this subdivision 4, the permitting
authority will allocate to each energy efficiency unit or renewable energy unit
covered by an allowance allocation request accepted under subdivision a of this
subdivision 4 the amount of the CAIR NOX allowances requested (as
adjusted under subdivision a of this subdivision 4), multiplied by the amount
of CAIR NOX allowances in the energy efficiency/renewable unit
set-aside budget for the control period, divided by the sum determined under
subdivision b of this subdivision 4, and rounded to the nearest whole allowance
as appropriate.
5. By October 31, 2009, and October 31 of each year
thereafter, the permitting authority will notify each EERE proponent that
submitted an allowance allocation request under subdivisions 1 and 2 of this
subsection of the amount of CAIR NOX allowances (if any) allocated
under subdivision 4 of this subsection for the control period to the energy
efficiency unit or renewable energy unit covered by the request.
6. If, after completion of the procedures under subdivisions
4 and 5 of this subsection for a control period, any unallocated CAIR NOX
allowances have remained in the new energy efficiency/renewable set-aside
budget for more than three control periods, the permitting authority will
permanently retire those allowances, and they will not be available for
compliance for any CAIR NOX unit.
7. The permitting authority will not submit to the
administrator the CAIR NOX allowance allocations under subdivision 4
of this subsection.
8. CAIR NOX allowances allocated under
subdivision 4 of this subsection (i) shall be retired permanently by the EERE
proponent making the request under subdivision 2 of this subsection, (ii) shall
not be considered valid or capable of being lawfully traded under the CAIR NOX
Annual Trading Program, and (iii) shall not be available for compliance for any
CAIR NOX unit.
9VAC5-140-1430. Compliance supplement pool. (Repealed.)
A. The provisions of this section shall apply to early
reduction credit (ERC) units. A ERC unit is a CAIR NOX unit which is
(i) identified as such in 9VAC5-140-1040 and (ii) part of a group of units under
single ownership with combined emissions of NOX that exceeded 40,000
tons in 2004.
B. In addition to the CAIR NOX allowances
allocated under 9VAC5-140-1420, the permitting authority may allocate for the
control period in 2009 up to 5,134 CAIR NOX allowances (hereinafter
called the compliance supplement pool) to ERC units.
C. ERC units shall in the collective achieve an amount of
early reductions in NOX emissions during the control periods in 2007
or 2008, or both, equal to the compliance supplement pool (CSP). The early
reductions in NOX emissions required for each ERC unit shall be
equal to the amount of CAIR NOX allowances allocated to each ERC
unit under subsection D of this section.
D. By April 1, 2007, the permitting authority will make a
preliminary determination of the amount of CAIR NOX allowances in
the CSP to be allocated to each ERC unit and notify the CAIR-designated
representative of the ERC unit.
1. The amount of CAIR NOX allowances in the CSP
to be allocated to each ERC unit will be determined by multiplying the total
amount of tons in the CSP by the ratio of the baseline heat input of each ERC
unit to the total amount of baseline heat input of all ERC units and rounding
to the nearest whole allowance as appropriate.
2. The baseline heat input (in mmBtu) used with respect to
CAIR NOX allowance allocations under subdivision 1 of this
subsection for each ERC unit shall be the unit's baseline heat input for the
calendar year 2004.
3. A unit's baseline heat input for calendar year 2004, and
a unit's total tons of NOX emissions during calendar years 2007 and
2008, shall be determined in accordance with 40 CFR Part 75, to the extent the
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 permitting
authority for the unit, to the extent the unit was not otherwise subject to the
requirements of 40 CFR Part 75 for the year.
E. The CAIR-designated representative of an ERC unit shall
submit to the permitting authority by May 1, 2009, a demonstration, in a format
acceptable to the permitting authority, of the unit's compliance with
subsection C of this section.
1. The demonstration shall set forth the amounts (in tons)
of the unit's NOX emission reductions in 2007 and 2008 that are not
necessary to comply with an average NOX emission rate of 0.25
lb/mmBtu during such years, determined in accordance with Article 8
(9VAC5-140-1700 et seq.) of this part.
2. The demonstration shall include a calculation of the sum of
the unit's heat input for the control period in 2007 multiplied by the
difference (if any greater than zero) between 0.25 lb/mmBtu and the unit's NOX
emission rate for the control period in 2007 plus the unit's heat input for the
control period in 2008 multiplied by the difference (if any greater than zero)
between 0.25 lb/mmBtu and the unit's NOX emission rate for the
control period in 2008, determined in accordance with Article 8 (9VAC5-140-1700
et seq.) of this part and with the sum divided by 2,000 lb/ton and rounded to
the nearest whole number of tons as appropriate.
3. The demonstration shall be based on the NOX
emissions rate and the heat input of the ERC unit monitored and reported in
accordance with Article 8 (9VAC5-140-1700 et seq.) of this part in each control
period for which early reduction reductions are achieved.
4. Compliance with subsection C of this section may be
demonstrated in the aggregate for all ERC units under single ownership.
F. The permitting authority will review each compliance
demonstration under subsection E of this section submitted by May 1, 2009, and
will allocate CAIR NOX allowances for the control period in 2009 to
ERC units covered by such demonstration as follows:
1. The permitting authority will accept a compliance
demonstration only if the demonstration meets the requirements of subdivisions
E 1 and 2 of this section.
2. Upon receipt of each such demonstration, the permitting
authority will make any necessary adjustments to the demonstration to ensure
that the amount of the NOX emissions reduction demonstrated meets
the requirements of subsection C of this section.
3. By November 30, 2009, the permitting authority will
notify the CAIR-designated representative of the ERC unit of the allocations
under this subsection.
4. By November 30, 2009, the permitting authority will
determine, and submit to the administrator, the allocations under this
subsection.
5. By January 1, 2010, the administrator will record the
allocations under subdivision 4 of this subsection.
G. If an ERC unit fails to achieve the early reductions in
NOX emissions required by subsection C of this section, then:
1. The owners and operators of the ERC unit shall not be
allocated any CAIR NOX allowances from the CSP and shall pay any
fine, penalty, or assessment or comply with any other remedy imposed, for the
same violations, under the Clean Air Act or the Virginia Air Pollution Control
Law; and
2. Each ton of such excess emissions and each day of such
control period shall constitute a separate violation of this article, the Clean
Air Act, and the Virginia Air Pollution Control Law.
H. If the CAIR-designated representative of an ERC unit
fails to submit to the permitting authority by May 1, 2009, the demonstration
required under subsection E of this section, then:
1. The owners and operators of the ERC unit shall not be
allocated any CAIR NOX allowances from the CSP and shall pay any
fine, penalty, or assessment or comply with any other remedy imposed, for the
same violations, under the Clean Air Act or the Virginia Air Pollution Control
Law; and
2. Each ton of such excess emissions and each day of such
control period shall constitute a separate violation of this article, the Clean
Air Act, and the Virginia Air Pollution Control Law.
Article 6
CAIR NOx Allowance Tracking System
9VAC5-140-1500. (Reserved) (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.
9VAC5-140-1510. Establishment of accounts. (Repealed.)
A. Except as provided in subdivision 5 of 9VAC5-140-1840,
upon receipt of a complete certificate of representation under 9VAC5-140-1130, the
administrator will establish a compliance account for the CAIR NOX
source for which the certificate of representation was submitted unless the
source already has a compliance account.
B. General accounts shall be established as follows:
1. Applications for general accounts shall be submitted as
follows:
a. Any person may apply to open a general account for the
purpose of holding and transferring CAIR NOX allowances. An
application for a general account may designate one and only one
CAIR-authorized account representative and one and only one alternate
CAIR-authorized account representative who may act on behalf of the
CAIR-authorized account representative. The agreement by which the alternate
CAIR-authorized account representative is selected shall include a procedure
for authorizing the alternate CAIR-authorized account representative to act in
lieu of the CAIR-authorized account representative.
b. 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:
(1) Name, mailing address, email address (if any),
telephone number, and facsimile transmission number (if any) of the
CAIR-authorized account representative and any alternate CAIR-authorized
account representative;
(2) Organization name and type of organization, if
applicable;
(3) A list of all persons subject to a binding agreement
for the CAIR-authorized account representative and any alternate
CAIR-authorized account representative to represent their ownership interest
with respect to the CAIR NOX allowances held in the general account;
(4) The following certification statement by the
CAIR-authorized account representative and any alternate CAIR-authorized
account representative: "I certify that I was selected as the
CAIR-authorized account representative or the alternate CAIR-authorized account
representative, as applicable, by an agreement that is binding on all persons
who have an ownership interest with respect to CAIR 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 CAIR NOX
Annual 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."
(5) The signature of the CAIR-authorized account
representative and any alternate CAIR-authorized account representative and the
dates signed.
c. Unless otherwise required by the permitting authority or
the administrator, documents of agreement referred to in the application for a
general account 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. Authorization of a CAIR-authorized account representative
and alternate CAIR-authorized account representative shall be established as
follows:
a. Upon receipt by the administrator of a complete
application for a general account under subdivision 1 of this subsection:
(1) The administrator will establish a general account for
the person or persons for whom the application is submitted.
(2) The CAIR-authorized account representative and any
alternate CAIR-authorized account representative for the general account shall
represent and, by such persons' representations, actions, inactions, or
submissions, legally bind each person who has an ownership interest with
respect to CAIR NOX allowances held in the general account in all
matters pertaining to the CAIR NOX Annual Trading Program,
notwithstanding any agreement between the CAIR-authorized account
representative or any alternate CAIR-authorized account representative and such
person. Any such person shall be bound by any order or decision issued to the
CAIR-authorized account representative or any alternate CAIR-authorized account
representative by the administrator or a court regarding the general account.
(3) Any representation, action, inaction, or submission by
any alternate CAIR-authorized account representative shall be deemed to be a
representation, action, inaction, or submission by the CAIR-authorized account
representative.
b. Each submission concerning the general account shall be
submitted, signed, and certified by the CAIR-authorized account representative
or any alternate CAIR-authorized account representative for the persons having
an ownership interest with respect to CAIR NOX allowances held in
the general account. Each such submission shall include the following
certification statement by the CAIR-authorized account representative or any
alternate CAIR-authorized account representative: "I am authorized to make
this submission on behalf of the persons having an ownership interest with
respect to the CAIR 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."
c. 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 b of this subdivision.
3. Changing the CAIR-authorized account representative and
alternate CAIR-authorized account representative and changes in persons with
ownership interest shall be accomplished as follows:
a. The CAIR-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 CAIR-authorized account
representative before the time and date when the administrator receives the
superseding application for a general account shall be binding on the new
CAIR-authorized account representative and the persons with an ownership
interest with respect to the CAIR NOX allowances in the general
account.
b. The alternate CAIR-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 CAIR-authorized
account representative before the time and date when the administrator receives
the superseding application for a general account shall be binding on the new
alternate CAIR-authorized account representative and the persons with an
ownership interest with respect to the CAIR NOX allowances in the
general account.
c. (1) In the event a person having an ownership interest
with respect to CAIR NOX allowances in the general account is not
included in the list of such persons in the application for a general account,
such person shall be deemed to be subject to and bound by the application for a
general account, the representation, actions, inactions, and submissions of the
CAIR-authorized account representative and any alternate CAIR-authorized
account representative of the account, and the decisions and orders of the
administrator or a court, as if the person were included in such list.
(2) Within 30 days following any change in the persons
having an ownership interest with respect to CAIR NOX allowances in
the general account, including the addition of a new person, the
CAIR-authorized account representative or any alternate CAIR-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
CAIR NOX allowances in the general account to include the change.
4. Objections concerning the CAIR-authorized account
representative and alternate CAIR-authorized account representative shall be
processed as follows:
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 3 a or b of this
subsection, no objection or other communication submitted to the administrator
concerning the authorization, or any representation, action, inaction, or
submission of the CAIR-authorized account representative or any alternate
CAIR-authorized account representative for a general account shall affect any
representation, action, inaction, or submission of the CAIR-authorized account
representative or any alternate CAIR-authorized account representative or the
finality of any decision or order by the administrator under the CAIR NOX
Annual Trading Program.
c. The administrator will not adjudicate any private legal
dispute concerning the authorization or any representation, action, inaction,
or submission of the CAIR-authorized account representative or any alternate
CAIR-authorized account representative for a general account, including private
legal disputes concerning the proceeds of CAIR NOX allowance
transfers.
5. Delegation by CAIR-authorized account representative and
alternate CAIR-authorized account representative shall be as follows.
a. A CAIR-authorized account representative may delegate to
one or more natural persons his authority to make an electronic submission to the
administrator provided for or required under Article 6 (9VAC5-140-1500 et seq.)
and Article 7 (9VAC5-140-1600 et seq.) of this part.
b. An alternate CAIR-authorized account representative may
delegate to one or more natural persons his authority to make an electronic
submission to the administrator provided for or required under Article 6
(9VAC5-140-1500 et seq.) and Article 7 (9VAC5-140-1600 et seq.) of this part.
c. In order to delegate authority to make an electronic
submission to the administrator in accordance with subdivision a or b of this
subdivision 5, the CAIR-authorized account representative or alternate
CAIR-authorized account representative, as appropriate, must submit to the
administrator a notice of delegation, in a format prescribed by the
administrator, that includes the following elements:
(1) The name, address, email address, telephone number, and
facsimile transmission number (if any) of such CAIR-authorized account representative
or alternate CAIR-authorized account representative;
(2) The name, address, email address, telephone number, and
facsimile transmission number (if any) of each such natural person (referred to
as an "agent");
(3) For each such natural person, a list of the type or
types of electronic submissions under subdivision 5 a or b of this subsection
for which authority is delegated to him;
(4) The following certification statement by such
CAIR-authorized account representative or alternate CAIR-authorized account
representative: "I agree that any electronic submission to the
administrator that is by an agent identified in this notice of delegation and
of a type listed for such agent in this notice of delegation and that is made
when I am a CAIR-authorized account representative or alternate CAIR-authorized
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 9VAC5-140-1510 B 5 d shall be
deemed to be an electronic submission by me."; and
(5) The following certification statement by such
CAIR-authorized account representative or alternate CAIR-authorized account
representative: "Until this notice of delegation is superseded by another
notice of delegation under 9VAC5-140-1510 B 5 d, I agree to maintain an email
account and to notify the administrator immediately of any change in my email
address unless all delegation of authority by me under 9VAC5-140-1510 B 5 is
terminated."
d. A notice of delegation submitted under subdivision c of this
subdivision 5 shall be effective, with regard to the CAIR-authorized account
representative or alternate CAIR-authorized account representative identified
in such notice, upon receipt of such notice by the administrator and until
receipt by the administrator of a superseding notice of delegation submitted by
such CAIR-authorized account representative or alternate CAIR-authorized
account representative, as appropriate. The superseding notice of delegation
may replace any previously identified agent, add a new agent, or eliminate
entirely any delegation of authority.
e. Any electronic submission covered by the certification
in subdivision c (4) of this subdivision 5 and made in accordance with a notice
of delegation effective under subdivision d of this subdivision 5 shall be
deemed to be an electronic submission by the CAIR-designated representative or
alternate CAIR-designated representative submitting such notice of delegation.
C. The administrator will assign a unique identifying
number to each account established under subsection A or B of this section.
9VAC5-140-1520. Responsibilities of CAIR-authorized account
representative. (Repealed.)
Following the establishment of a CAIR 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 CAIR NOX allowances in the account, shall
be made only by the CAIR-authorized account representative for the account.
9VAC5-140-1530. Recordation of CAIR NOX allowance
allocations. (Repealed.)
A. By September 30, 2007, the administrator will record in
the CAIR NOX source's compliance account the CAIR NOX
allowances allocated for the CAIR NOX units at the source, as
submitted by the permitting authority in accordance with 9VAC5-140-1410 A, for
the control periods in 2009, 2010, 2011, 2012, and 2013.
B. By December 1, 2009, the administrator will record in
the CAIR NOX source's compliance account the CAIR NOX
allowances allocated for the CAIR NOX units at the source, as
submitted by the permitting authority in accordance with 9VAC5-140-1410 B, for
the control period in 2014.
C. By December 1, 2010, and December 1 of each year
thereafter, the administrator will record in the CAIR NOX source's
compliance account the CAIR NOX allowances allocated for the CAIR NOX
units at the source, as submitted by the permitting authority in accordance
with 9VAC5-140-1410 B, for the control period in the fifth year after the year
of the applicable deadline for recordation under this section.
D. By December 1, 2009, the administrator will record in
the CAIR NOX source's compliance account the CAIR NOX
allowances allocated for the CAIR NOX units at the source, as submitted
by the permitting authority in accordance with 9VAC5-140-1410 C, for the
control periods in 2009, 2010, 2011, 2012, and 2013.
E. By December 1, 2014, and December 1 of each year
thereafter, the administrator will record in the CAIR NOX source's compliance
account the CAIR NOX allowances allocated for the CAIR NOX units
at the source, as submitted by the permitting authority in accordance with
9VAC5-140-1410 D, for the control period in the year of the applicable deadline
for recordation under this subsection.
F. When recording the allocation of CAIR NOX
allowances for a CAIR NOX unit in a compliance account, the
administrator will assign each CAIR NOX allowance a unique
identification number that will include digits identifying the year of the control
period for which the CAIR NOX allowance is allocated.
9VAC5-140-1540. Compliance with CAIR NOX emissions
limitation. (Repealed.)
A. The CAIR NOX allowances are available to be
deducted for compliance with a source's CAIR NOX emissions
limitation for a control period in a given calendar year only if the CAIR NOX
allowances:
1. Were allocated for the control period in the year or a
prior year; and
2. Are held in the compliance account as of the allowance
transfer deadline for the control period or are transferred into the compliance
account by a CAIR NOX allowance transfer correctly submitted for
recordation under 9VAC5-140-1600 and 9VAC5-140-1610 by the allowance transfer
deadline for the control period.
B. Following the recordation, in accordance with
9VAC5-140-1610, of CAIR NOX allowance transfers submitted for
recordation in a source's compliance account by the allowance transfer deadline
for a control period, the administrator will deduct from the compliance account
CAIR NOX allowances available under subsection A of this section in
order to determine whether the source meets the CAIR NOX emissions
limitation for the control period, as follows:
1. Until the amount of CAIR NOX allowances
deducted equals the number of tons of total nitrogen oxides emissions,
determined in accordance with Article 8 (9VAC5-140-1700 et seq.) of this part,
from all CAIR NOX units at the source for the control period; or
2. If there are insufficient CAIR NOX allowances
to complete the deductions in subdivision 1 of this subsection, until no more
CAIR NOX allowances available under subsection A of this section
remain in the compliance account.
C.1. The CAIR-authorized account representative for a
source's compliance account may request that specific CAIR NOX
allowances, identified by serial number, in the compliance account be deducted
for emissions or excess emissions for a control period in accordance with
subsection B or D of this section. Such request shall be submitted to the
administrator by the allowance transfer deadline for the control period and
include, in a format prescribed by the administrator, the identification of the
CAIR NOX source and the appropriate serial numbers.
2. The administrator will deduct CAIR NOX
allowances under subsection B or D of this section from the source's compliance
account, in the absence of an identification or in the case of a partial
identification of CAIR NOX allowances by serial number under
subdivision 1 of this subsection, on a first in, first out accounting basis in
the following order:
a. Any CAIR NOX allowances that were allocated
to the units at the source, in the order of recordation; and then
b. Any CAIR NOX allowances that were allocated
to any entity and transferred and recorded in the compliance account pursuant to
Article 7 (9VAC5-140-1600 et seq.) of this part, in the order of recordation.
D. Deductions for excess emissions shall be made as
follows:
1. After making the deductions for compliance under
subsection B of this section for a control period in a calendar year in which
the CAIR NOX source has excess emissions, the administrator will
deduct from the source's compliance account an amount of CAIR NOX
allowances, allocated for the control period in the immediately following
calendar year, equal to three times the number of tons of the source's excess
emissions.
2. Any allowance deduction required under subdivision 1 of
this subsection shall not affect the liability of the owners and operators of
the CAIR NOX source or the CAIR NOX units at the source
for any fine, penalty, or assessment, or their obligation to comply with any
other remedy, for the same violations, as ordered under the Clean Air Act or
the Virginia Air Pollution Control Law.
E. The administrator will record in the appropriate
compliance account all deductions from such an account under subsections B and
D of this section and Article 9 (9VAC5-140-1800 et seq.) of this part.
F. Administrator actions on submissions will occur as
follows:
1. The administrator may review and conduct independent audits
concerning any submission under the CAIR NOX Annual Trading Program
and make appropriate adjustments of the information in the submissions.
2. The administrator may deduct CAIR NOX
allowances from or transfer CAIR NOX allowances to a source's compliance
account based on the information in the submissions, as adjusted under
subdivision 1 of this subsection, and record such deductions and transfers.
9VAC5-140-1550. Banking. (Repealed.)
A. CAIR NOX allowances may be banked for future
use or transfer in a compliance account or a general account in accordance with
subsection B of this section.
B. Any CAIR NOX allowance that is held in a compliance
account or a general account will remain in such account unless and until the
CAIR NOX allowance is deducted or transferred under 9VAC5-140-1540,
9VAC5-140-1560, or Article 7 (9VAC5-140-1600 et seq.) or Article 9
(9VAC5-140-1800 et seq.) of this part.
9VAC5-140-1560. Account error. (Repealed.)
The administrator may, at the administrator's sole
discretion and on the administrator's own motion, correct any error in any CAIR
NOX Allowance Tracking System account. Within 10 business days of
making such correction, the administrator will notify the CAIR-authorized
account representative for the account.
9VAC5-140-1570. Closing of general accounts. (Repealed.)
A. The CAIR-authorized account representative of a general
account may submit to the administrator a request to close the account, which shall
include a correctly submitted allowance transfer under 9VAC5-140-1600 and
9VAC5-140-1610 for any CAIR NOX allowances in the account to one or
more other CAIR NOX Allowance Tracking System accounts.
B. If a general account has no allowance transfers in or
out of the account for a 12-month period or longer and does not contain any
CAIR NOX allowances, the administrator may notify the
CAIR-authorized account representative for the account that the account will be
closed 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 CAIR NOX
allowances into the account under 9VAC5-140-1600 and 9VAC5-140-1610 or a
statement submitted by the CAIR-authorized account representative demonstrating
to the satisfaction of the administrator good cause as to why the account
should not be closed.
Article 7
CAIR NOx Allowance Transfers
9VAC5-140-1600. Submission of CAIR NOX allowance
transfers. (Repealed.)
A CAIR-authorized account representative seeking
recordation of a CAIR NOX allowance transfer shall submit the
transfer to the administrator. To be considered correctly submitted, the CAIR
NOX allowance transfer shall include the following elements, in a
format specified by the administrator:
1. The account numbers for both the transferor and
transferee accounts;
2. The serial number of each CAIR NOX allowance
that is in the transferor account and is to be transferred; and
3. The name and signature of the CAIR-authorized account
representative of the transferor account and the date signed.
9VAC5-140-1610. EPA recordation. (Repealed.)
A. Within five business days (except as provided in
subsection B of this section) of receiving a CAIR NOX allowance
transfer, the administrator will record a CAIR NOX allowance
transfer by moving each CAIR NOX allowance from the transferor
account to the transferee account as specified by the request, provided that:
1. The transfer is correctly submitted under 9VAC5-140-1600;
and
2. The transferor account includes each CAIR NOX
allowance identified by serial number in the transfer.
B. A CAIR NOX allowance transfer that is
submitted for recordation after the allowance transfer deadline for a control
period and that includes any CAIR NOX allowances allocated for any
control period before such allowance transfer deadline will not be recorded
until after the administrator completes the deductions under 9VAC5-140-1540 for
the control period immediately before such allowance transfer deadline.
C. Where a CAIR NOX allowance transfer submitted
for recordation fails to meet the requirements of subsection A of this section,
the administrator will not record such transfer.
9VAC5-140-1620. Notification. (Repealed.)
A. Within five business days of recordation of a CAIR NOX
allowance transfer under 9VAC5-140-1610, the administrator will notify the
CAIR-authorized account representatives of both the transferor and transferee accounts.
B. Within 10 business days of receipt of a CAIR NOX
allowance transfer that fails to meet the requirements of 9VAC5-140-1610 A, the
administrator will notify the CAIR-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 CAIR NOX allowance transfer for recordation following notification
of nonrecordation.
Article 8
Monitoring and Reporting
9VAC5-140-1700. General requirements. (Repealed.)
A. The owners and operators, and to the extent applicable,
the CAIR-designated representative, of a CAIR NOX unit, shall comply
with the monitoring, recordkeeping, 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 9VAC5-140-1020 and in 40 CFR 72.2 shall
apply, and the terms "affected unit," "designated
representative," and "continuous emission monitoring system
(CEMS)" in 40 CFR Part 75 shall be deemed to refer to the terms "CAIR
NOX unit," "CAIR-designated representative," and
"continuous emission monitoring system (CEMS)" respectively, as
defined in 9VAC5-140-1020. The owner or operator of a unit that is not a CAIR
NOX unit but that is monitored under 40 CFR 75.72(b)(2)(ii) shall
comply with the same monitoring, recordkeeping, and reporting requirements as a
CAIR NOX unit.
B. The owner or operator of each CAIR NOX unit
shall:
1. Install all monitoring systems required under this
article for monitoring NOX mass emissions and individual unit heat
input (including all systems required to monitor NOX emission rate,
NOX concentration, stack gas moisture content, stack gas flow rate,
CO2 or O2 concentration, and fuel flow rate, as
applicable, in accordance with 40 CFR 75.71 and 75.72);
2. Successfully complete all certification tests required
under 9VAC5-140-1710 and meet all other requirements of this article and 40 CFR
Part 75 applicable to the monitoring systems under subdivision 1 of this
subsection; and
3. Record, report, and quality-assure the data from the
monitoring systems under subdivision 1 of this subsection.
C. Except as provided in subsection F of this section, the
owner or operator shall meet the monitoring system certification and other
requirements of subdivisions B 1 and 2 of this section on or before the
following dates. The owner or operator shall record, report, and quality-assure
the data from the monitoring systems under subdivision B 1 of this section on
and after the following dates.
1. For the owner or operator of a CAIR NOX unit
that commences commercial operation before July 1, 2007, by January 1, 2008.
2. For the owner or operator of a CAIR NOX unit
that commences commercial operation on or after July 1, 2007, by the later of
the following dates:
a. January 1, 2008; or
b. Ninety unit operating days or 180 calendar days,
whichever occurs first, after the date on which the unit commences commercial
operation.
3. For the owner or operator of a CAIR NOX unit
for which construction of a new stack or flue or installation of add-on NOX
emission controls is completed after the applicable deadline under subdivision
1, 2, 4, or 5 of this subsection, by 90 unit operating days or 180 calendar
days, whichever occurs first, after the date on which emissions first exit to
the atmosphere through the new stack or flue or add-on NOX emissions
controls.
4. Notwithstanding the dates in subdivisions 1 and 2 of this
subsection, for the owner or operator of a unit for which a CAIR opt-in permit
application is submitted and not withdrawn and a CAIR opt-in permit is not yet
issued or denied under Article 9 (9VAC5-140-1800 et seq.) of this part, by the
date specified in subdivision 2 of 9VAC5-140-1840.
5. Notwithstanding the dates in subdivisions 1 and 2 of this
subsection, for the owner or operator of a CAIR NOX opt-in unit
under Article 9 (9VAC5-140-1800 et seq.) of this part, by the date on which the
CAIR NOX opt-in unit enters the CAIR NOX Annual Trading
Program as provided in subdivision 7 of 9VAC5-140-1840.
D. The owner or operator of a CAIR NOX unit that
does not meet the applicable compliance date set forth in subsection C of this
section for any monitoring system under subdivision B 1 of this section shall,
for each such monitoring system, determine, record, and report maximum
potential (or, as appropriate, minimum potential) values for NOX
concentration, NOX emission rate, stack gas flow rate, stack gas
moisture content, fuel flow rate, and any other parameters required to
determine NOX mass emissions and heat input in accordance with 40
CFR 75.31(b)(2) or (c)(3), section 2.4 of appendix D to 40 CFR Part 75, or
section 2.5 of appendix E to 40 CFR Part 75, as applicable.
E. The following prohibitions shall apply.
1. No owner or operator of a CAIR NOX unit shall
use any alternative monitoring system, alternative reference method, or any
other alternative to any requirement of this article without having obtained
prior written approval in accordance with 9VAC5-140-1750.
2. No owner or operator of a CAIR NOX unit 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.
3. No owner or operator of a CAIR NOX unit 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 or heat
input, 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.
4. No owner or operator of a CAIR NOX unit shall
retire or permanently discontinue use of the continuous emission monitoring system,
any component thereof, or any other approved monitoring system under this
article, except under any one of the following circumstances:
a. During the period that the unit is covered by an
exemption under 9VAC5-140-1050 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 CAIR-designated representative submits notification
of the date of certification testing of a replacement monitoring system for the
retired or discontinued monitoring system in accordance with 9VAC5-140-1710 D 3
a.
F. The owner or operator of a CAIR NOX unit is
subject to the applicable provisions of 40 CFR Part 75 concerning units in
long-term cold storage.
9VAC5-140-1710. Initial certification and recertification
procedures. (Repealed.)
A. The owner or operator of a CAIR NOX unit
shall be exempt from the initial certification requirements of this section for
a monitoring system under 9VAC5-140-1700 B 1 if the following conditions are
met:
1. The monitoring system has been previously certified in
accordance with 40 CFR Part 75; and
2. The applicable quality-assurance and quality-control
requirements of 40 CFR 75.21 and appendix B, appendix D, and appendix E to 40
CFR Part 75 are fully met for the certified monitoring system described in
subdivision 1 of this subsection.
B. The recertification provisions of this section shall
apply to a monitoring system under 9VAC5-140-1700 B 1 exempt from initial
certification requirements under subsection A of this section.
C. If the administrator has previously 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 75.12 or 40 CFR 75.17, the CAIR-designated
representative shall resubmit the petition to the administrator under
9VAC5-140-1750 A to determine whether the approval applies under the CAIR NOX
Annual Trading Program.
D. Except as provided in subsection A of this section, the
owner or operator of a CAIR NOX unit shall comply with the following
initial certification and recertification procedures for a continuous
monitoring system (i.e., a continuous emission monitoring system and an
excepted monitoring system under appendices D and E to 40 CFR Part 75) under
9VAC5-140-1700 B 1. The owner or operator of a unit that qualifies to use the
low mass emissions excepted monitoring methodology under 40 CFR 75.19 or that
qualifies to use an alternative monitoring system under subpart E of 40 CFR
Part 75 shall comply with the procedures in subsections E or F of this section,
respectively.
1. The owner or operator shall ensure that each continuous
monitoring system under 9VAC5-140-1700 B 1 (including the automated data
acquisition and handling system) successfully completes all of the initial
certification testing required under 40 CFR 75.20 by the applicable deadline in
9VAC5-140-1700 C. In addition, whenever the owner or operator installs a
monitoring system to meet the requirements of this article in a location where
no such monitoring system was previously installed, initial certification in
accordance with 40 CFR 75.20 is required.
2. Whenever the owner or operator makes a replacement,
modification, or change in any certified continuous emission monitoring system
under 9VAC5-140-1700 B 1 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 quality-assurance and quality-control requirements of
40 CFR 75.21 or appendix B to 40 CFR Part 75, the owner or operator shall
recertify the monitoring system in accordance with 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 each continuous emission monitoring system whose
accuracy is potentially affected by the change, in accordance with 40 CFR
75.20(b). Examples of changes to a continuous emission monitoring system 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. Any fuel flowmeter system, and any
excepted NOX monitoring system under appendix E to 40 CFR Part 75,
under 9VAC5-140-1700 B 1 are subject to the recertification requirements in 40
CFR 75.20(g)(6).
3. Subdivisions a through d of this subdivision apply to
both initial certification and recertification of a continuous monitoring
system under 9VAC5-140-1700 B 1. For recertifications, replace the words
"certification" and "initial certification" with the word
"recertification," replace the word "certified" with the
word "recertified," and follow the procedures in 40 CFR 75.20(b)(5)
and (g)(7) in lieu of the procedures in subdivision e of this subdivision.
a. The CAIR-designated representative shall submit to the
permitting authority, the EPA Region III Office, and the administrator written
notice of the dates of certification testing, in accordance with
9VAC5-140-1730.
b. The CAIR-designated representative shall submit to the
permitting authority a certification application for each monitoring system. A
complete certification application shall include the information specified in
40 CFR 75.63.
c. The provisional certification date for a monitoring
system shall be determined in accordance with 40 CFR 75.20(a)(3). A
provisionally certified monitoring system may be used under the CAIR NOX
Annual 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 b of this subdivision. Data measured and
recorded by the provisionally certified monitoring system, in accordance with
the requirements of 40 CFR Part 75, will 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 the date of receipt of
the complete certification application by the permitting authority.
d. The permitting authority will 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 b of this subdivision. 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 CAIR NOX Annual 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) 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 CAIR-designated representative shall submit
the additional information required to complete the certification application.
If the CAIR-designated 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 d (3) of this subdivision. The 120-day
review period shall not begin before receipt of a complete certification
application.
(3) If the certification application shows that any
monitoring system does not meet the performance requirements of 40 CFR Part 75
or if the certification application is incomplete and the requirement for
disapproval under subdivision d (2) of this subdivision is met, then 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 (as defined under 40 CFR 75.20(a)(3)). The owner or
operator shall follow the procedures for loss of certification in subdivision e
of this subdivision for each monitoring system that is disapproved for initial
certification.
(4) The permitting authority or, for a CAIR NOX
opt-in unit or a unit for which a CAIR opt-in permit application is submitted
and not withdrawn and a CAIR opt-in permit is not yet issued or denied under
Article 9 (9VAC5-140-1800 et seq.) of this part, the administrator may issue a
notice of disapproval of the certification status of a monitor in accordance
with 9VAC5-140-1720 B.
e. If the permitting authority or the administrator issues
a notice of disapproval of a certification application under subdivision d (3)
of this subdivision or a notice of disapproval of certification status under
subdivision d (4) of this subdivision, then:
(1) The owner or operator shall substitute the following
values, for each disapproved monitoring system, 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(g)(7), or 40 CFR 75.21(e) and continuing until the applicable date
and hour specified under 40 CFR 75.20(a)(5)(i) or (g)(7):
(a) For a disapproved NOX emission rate (i.e.,
NOX-diluent) system, the maximum potential NOX emission
rate, as defined in 40 CFR 72.2.
(b) For a disapproved NOX pollutant
concentration monitor and disapproved flow monitor, respectively, the maximum
potential concentration of NOX and the maximum potential flow rate,
as defined in sections 2.1.2.1 and 2.1.4.1 of appendix A to 40 CFR Part 75.
(c) For a disapproved moisture monitoring system and
disapproved diluent gas monitoring system, respectively, the minimum potential
moisture percentage and either the maximum potential CO2
concentration or the minimum potential O2 concentration (as
applicable), as defined in sections 2.1.5, 2.1.3.1, and 2.1.3.2 of appendix A
to 40 CFR Part 75.
(d) For a disapproved fuel flowmeter system, the maximum
potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to 40 CFR
Part 75.
(e) For a disapproved excepted NOX monitoring
system under appendix E to 40 CFR Part 75, the fuel-specific maximum potential
NOX emission rate, as defined in 40 CFR 72.2.
(2) The CAIR-designated 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.
(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 or the administrator's notice of
disapproval, no later than 30 unit operating days after the date of issuance of
the notice of disapproval.
E. The owner or operator of a unit qualified to use the low
mass emissions (LME) excepted methodology under 40 CFR 75.19 shall meet the
applicable certification and recertification requirements in 40 CFR 75.19(a)(2)
and 75.20(h). If the owner or operator of such a unit elects to certify a fuel
flowmeter system for heat input determination, the owner or operator shall also
meet the certification and recertification requirements in 40 CFR 75.20(g).
F. The CAIR-designated representative of each unit for
which the owner or operator intends to use an alternative monitoring system
approved by the administrator and, if applicable, the permitting authority
under subpart E of 40 CFR Part 75 shall comply with the applicable notification
and application procedures of 40 CFR 75.20(f).
9VAC5-140-1720. Out of control periods. (Repealed.)
A. Whenever any monitoring system fails to meet the
quality-assurance and quality-control requirements or data validation
requirements of 40 CFR Part 75, data shall be substituted using the applicable
missing data procedures in subpart D or subpart H of, or appendix D or appendix
E to, 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 monitoring system should not have been certified or recertified because it
did not meet a particular performance specification or other requirement under
9VAC5-140-1710 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 or, for a CAIR NOX
opt-in unit or a unit for which a CAIR opt-in permit application is submitted
and not withdrawn and a CAIR opt-in permit is not yet issued or denied under
Article 9 (9VAC5-140-1800 et seq.) of this part, the administrator will issue a
notice of disapproval of the certification status of such monitoring 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
or the administrator revokes prospectively the certification status of the
monitoring system. The data measured and recorded by the monitoring 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 for the monitoring system. The owner or
operator shall follow the applicable initial certification or recertification
procedures in 9VAC5-140-1710 for each disapproved monitoring system.
9VAC5-140-1730. Notifications. (Repealed.)
The CAIR-designated representative for a CAIR NOX
unit shall submit written notice to the permitting authority and the
administrator in accordance with 40 CFR 75.61.
9VAC5-140-1740. Recordkeeping and reporting. (Repealed.)
A. The CAIR-designated representative shall comply with all
recordkeeping and reporting requirements in this section, the applicable recordkeeping
and reporting requirements under 40 CFR 75.73, and the requirements of
9VAC5-140-1100 E 1.
B. The owner or operator of a CAIR NOX unit
shall comply with requirements of 40 CFR 75.73(c) and (e) and, for a unit for
which a CAIR opt-in permit application is submitted and not withdrawn and a
CAIR opt-in permit is not yet issued or denied under Article 9 (9VAC5-140-1800
et seq.) of this part, 9VAC5-140-1830 and subdivision 1 of 9VAC5-140-1840.
C. The CAIR-designated representative shall submit an
application to the permitting authority within 45 days after completing all
initial certification or recertification tests required under 9VAC5-140-1710,
including the information required under 40 CFR 75.63.
D. The CAIR-designated representative shall submit
quarterly reports, as follows:
1. The CAIR-designated representative shall report the NOX
mass emissions data and heat input data for the CAIR NOX unit, in an
electronic quarterly report in a format prescribed by the administrator, for
each calendar quarter beginning with:
a. For a unit that commences commercial operation before
July 1, 2007, the calendar quarter covering January 1, 2008, through March 31,
2008;
b. For a unit that commences commercial operation on or
after July 1, 2007, the calendar quarter corresponding to the earlier of the
date of provisional certification or the applicable deadline for initial
certification under 9VAC5-140-1700 C, unless that quarter is the third or
fourth quarter of 2007, in which case reporting shall commence in the quarter
covering January 1, 2008, through March 31, 2008;
c. Notwithstanding subdivisions 1 a and b of this
subsection, for a unit for which a CAIR opt-in permit application is submitted
and not withdrawn and a CAIR opt-in permit is not yet issued or denied under
Article 9 (9VAC5-140-1800 et seq.) of this part, the calendar quarter
corresponding to the date specified in subdivision 2 of 9VAC5-140-1840; and
d. Notwithstanding subdivisions 1 a and b of this
subsection, for a CAIR NOX opt-in unit under Article 9
(9VAC5-140-1800 et seq.) of this part, the calendar quarter corresponding to
the date on which the CAIR NOX opt-in unit enters the CAIR NOX
Annual Trading Program as provided in subdivision 7 of 9VAC5-140-1840.
2. The CAIR-designated 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 40 CFR 75.73(f).
3. For CAIR NOX units that are also subject to an
acid rain emissions limitation or the CAIR NOX Ozone Season Trading
Program, CAIR SO2 Trading Program, or Hg Budget Trading Program,
quarterly reports shall include the applicable data and information required by
subparts F through I of 40 CFR Part 75 as applicable, in addition to the NOX
mass emission data, heat input data, and other information required by this
article.
E. The CAIR-designated representative shall submit to the
administrator a compliance certification (in a format prescribed by the
administrator) 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:
1. 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
2. For a unit with add-on NOX emission controls
and for all hours where NOX 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 quality assurance/quality control program
under appendix B to 40 CFR Part 75 and the substitute data values do not
systematically underestimate NOX emissions.
9VAC5-140-1750. Petitions. (Repealed.)
A. Except as provided in subdivision B 2 of this section,
the CAIR-designated representative of a CAIR NOX 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. 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 in writing by the administrator, in consultation with the
permitting authority.
B. 1. The CAIR-designated representative of a CAIR NOX
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.
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
in writing by both the permitting authority and the administrator.
2. The CAIR-designated representative of a CAIR NOX
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
continuous emission monitoring system required under 40 CFR 75.72. Application
of an alternative to any such requirement is in accordance with this article
only to the extent that the petition is approved in writing by both the
permitting authority and the administrator.
Article 9
CAIR NOx Opt-in Units
9VAC5-140-1800. Applicability. (Repealed.)
A CAIR NOX opt-in unit shall be a unit that:
1. Is located in the state;
2. Is not a CAIR NOX unit under 9VAC5-140-1040 and
is not covered by a retired unit exemption under 9VAC5-140-1050 that is in
effect;
3. Is not covered by a retired unit exemption under 40 CFR
72.8 that is in effect;
4. Has or is required or qualified to have a Title V
operating permit or state operating permit; and
5. Vents all of its emissions to a stack and can meet the
monitoring, recordkeeping, and reporting requirements of Article 8
(9VAC5-140-1700 et seq.) of this part.
9VAC5-140-1810. General. (Repealed.)
A. Except as otherwise provided in 9VAC5-140-1010 through
9VAC5-140-1040, 9VAC5-140-1060 through 9VAC5-140-1080, and Article 2
(9VAC5-140-1100 et seq.), Article 3 (9VAC5-140-1400 et seq.), and Article 6
(9VAC5-140-1500 et seq.) through Article 8 (9VAC5-140-1700 et seq.) of this
part, a CAIR NOX opt-in unit shall be treated as a CAIR NOX
unit for purposes of applying such sections and articles of this part.
B. Solely for purposes of applying, as provided in this
article, the requirements of Article 8 (9VAC5-140-1700 et seq.) of this part to
a unit for which a CAIR opt-in permit application is submitted and not
withdrawn and a CAIR opt-in permit is not yet issued or denied under this
article, such unit shall be treated as a CAIR NOX unit before
issuance of a CAIR opt-in permit for such unit.
9VAC5-140-1820. CAIR-designated representative. (Repealed.)
Any CAIR NOX opt-in unit, and any unit for which
a CAIR opt-in permit application is submitted and not withdrawn and a CAIR
opt-in permit is not yet issued or denied under this article, located at the
same source as one or more CAIR NOX units shall have the same
CAIR-designated representative and alternate CAIR-designated representative as
such CAIR NOX units.
9VAC5-140-1830. Applying for CAIR opt-in permit. (Repealed.)
A. The CAIR-designated representative of a unit meeting the
requirements for a CAIR NOX opt-in unit in 9VAC5-140-1800 may apply for
an initial CAIR opt-in permit at any time, except as provided under
9VAC5-140-1860 G and H, and, in order to apply, shall submit the following:
1. A complete CAIR permit application under 9VAC5-140-1220;
2. A certification, in a format acceptable to the permitting
authority, that the unit:
a. Is not a CAIR NOX unit under 9VAC5-140-1040
and is not covered by a retired unit exemption under 9VAC5-140-1050 that is in
effect;
b. Is not covered by a retired unit exemption under 40 CFR
72.8 that is in effect;
c. Vents all of its emissions to a stack; and
d. Has documented heat input for more than 876 hours during
the six months immediately preceding submission of the CAIR permit application
under 9VAC5-140-1220;
3. A monitoring plan in accordance with Article 8
(9VAC5-140-1700 et seq.) of this part;
4. A complete certificate of representation under
9VAC5-140-1130 consistent with 9VAC5-140-1820, if no CAIR-designated
representative has been previously designated for the source that includes the
unit; and
5. A statement, in a format acceptable to the permitting
authority, whether the CAIR-designated representative requests that the unit be
allocated CAIR NOX allowances under 9VAC5-140-1880 B or C (subject
to the conditions in subdivision 8 of 9VAC5-140-1840 and 9VAC5-140-1860 H). If
allocation under 9VAC5-140-1880 C is requested, this statement shall include a
statement that the owners and operators of the unit intend to repower the unit
before January 1, 2015, and that they will provide, upon request, documentation
demonstrating such intent.
B. Opt-in permit renewal shall be required as follows:
1. The CAIR-designated representative of a CAIR NOX
opt-in unit shall submit a complete CAIR permit application under
9VAC5-140-1220 to renew the CAIR opt-in unit permit in accordance with the
permitting authority's regulations for Title V operating permits, or the
permitting authority's regulations for state operating permits if applicable,
addressing permit renewal.
2. Unless the permitting authority issues a notification of
acceptance of withdrawal of the CAIR NOX opt-in unit from the CAIR
NOX Annual Trading Program in accordance with 9VAC5-140-1860 or the
unit becomes a CAIR NOX unit under 9VAC5-140-1040, the CAIR NOX
opt-in unit shall remain subject to the requirements for a CAIR NOX
opt-in unit, even if the CAIR-designated representative for the CAIR NOX
opt-in unit fails to submit a CAIR permit application that is required for
renewal of the CAIR opt-in permit under subdivision 1 of this subsection.
9VAC5-140-1840. Opt-in process. (Repealed.)
The permitting authority will issue or deny a CAIR opt-in
permit for a unit for which an initial application for a CAIR opt-in permit
under 9VAC5-140-1830 is submitted in accordance with the following:
1. The permitting authority and the administrator will
determine, on an interim basis, the sufficiency of the monitoring plan
accompanying the initial application for a CAIR opt-in permit under
9VAC5-140-1830. 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 and all other applicable parameters
are monitored and reported in accordance with Article 8 (9VAC5-140-1700 et
seq.) of this part. A determination of sufficiency shall not be construed as
acceptance or approval of the monitoring plan.
2. Monitoring and reporting shall be as follows:
a. (1) If the permitting authority and the administrator
determine that the monitoring plan is sufficient under subdivision 1 of this
section, the owner or operator shall monitor and report the NOX
emissions rate and the heat input of the unit and all other applicable
parameters, in accordance with Article 8 (9VAC5-140-1700 et seq.) of this part,
starting on the date of certification of the appropriate monitoring systems
under Article 8 (9VAC5-140-1700 et seq.) of this part and continuing until a
CAIR opt-in permit is denied under subdivision 6 of this section or, if a CAIR
opt-in permit is issued, the date and time when the unit is withdrawn from the
CAIR NOX Annual Trading Program in accordance with 9VAC5-140-1860.
(2) The monitoring and reporting under subdivision a (1) of
this subdivision shall include the entire control period immediately before the
date on which the unit enters the CAIR NOX Annual Trading Program
under subdivision 7 of this section, during which period monitoring system
availability shall not be less than 90% under Article 8 (9VAC5-140-1700 et
seq.) of this part and the unit shall be in full compliance with any applicable
state or federal emissions or emissions-related requirements.
b. To the extent the NOX emissions rate and the
heat input of the unit are monitored and reported in accordance with Article 8
(9VAC5-140-1700 et seq.) of this part for one or more control periods, in
addition to the control period under subdivision a (2) of this subdivision,
during which control periods monitoring system availability is not less than
90% under Article 8 (9VAC5-140-1700 et seq.) of this part and the unit is in
full compliance with any applicable state or federal emissions or
emissions-related requirements and which control periods begin not more than
three years before the unit enters the CAIR NOX Annual Trading
Program under subdivision 7 of this section, such information shall be used as
provided in subdivisions 3 and 4 of this section.
3. The unit's baseline heat input shall equal:
a. If the unit's NOX emissions rate and heat
input are monitored and reported for only one control period, in accordance
with subdivision 2 a of this section, the unit's total heat input (in mmBtu)
for the control period; or
b. If the unit's NOX emissions rate and heat
input are monitored and reported for more than one control period, in
accordance with subdivisions 2 a and b of this section, the average of the
amounts of the unit's total heat input (in mmBtu) for the control periods under
subdivisions 2 a (2) and 2 b of this section.
4. The unit's baseline NOX emission rate shall
equal:
a. If the unit's NOX emissions rate and heat
input are monitored and reported for only one control period, in accordance
with subdivision 2 a of this section, the unit's NOX emissions rate
(in lb/mmBtu) for the control period;
b. If the unit's NOX emissions rate and heat
input are monitored and reported for more than one control period, in
accordance with subdivisions 2 a and b of this section, and the unit does not
have add-on NOX emission controls during any such control periods,
the average of the amounts of the unit's NOX emissions rate (in
lb/mmBtu) for the control periods under subdivisions 2 a (2) and 2 b of this
section; or
c. If the unit's NOX emissions rate and heat
input are monitored and reported for more than one control period, in
accordance with subdivisions 2 a and b of this section, and the unit has add-on
NOX emission controls during any such control periods, the average
of the amounts of the unit's NOX emissions rate (in lb/mmBtu) for
such control periods during which the unit has add-on NOX emission
controls.
5. After calculating the baseline heat input and the
baseline NOX emissions rate for the unit under subdivisions 3 and 4
of this section and if the permitting authority determines that the
CAIR-designated representative shows that the unit meets the requirements for a
CAIR NOX opt-in unit in 9VAC5-140-1800 and meets the elements
certified in 9VAC5-140-1830 A 2, the permitting authority will issue a CAIR
opt-in permit. The permitting authority will provide a copy of the CAIR opt-in
permit to the administrator, who will then establish a compliance account for
the source that includes the CAIR NOX opt-in unit unless the source
already has a compliance account.
6. Notwithstanding subdivisions 1 through 5 of this section,
if at any time before issuance of a CAIR opt-in permit for the unit, the
permitting authority determines that the CAIR-designated representative fails
to show that the unit meets the requirements for a CAIR NOX opt-in
unit in 9VAC5-140-1800 or meets the elements certified in 9VAC5-140-1830 A 2,
the permitting authority will issue a denial of a CAIR opt-in permit for the
unit.
7. A unit for which an initial CAIR opt-in permit is issued
by the permitting authority shall become a CAIR NOX opt-in unit, and
a CAIR NOX unit, as of the later of January 1, 2009, or January 1 of
the first control period during which such CAIR opt-in permit is issued.
8. Repowered CAIR NOX opt-in units shall meet the
following requirements.
a. If the CAIR-designated representative requests, and the
permitting authority issues a CAIR opt-in permit providing for, allocation to a
CAIR NOX opt-in unit of CAIR NOX allowances under
9VAC5-140-1880 C and such unit is repowered after its date of entry into the
CAIR NOX Annual Trading Program under subdivision 7 of this section,
the repowered unit shall be treated as a CAIR NOX opt-in unit
replacing the original CAIR NOX opt-in unit, as of the date of
start-up of the repowered unit's combustion chamber.
b. Notwithstanding subdivisions 3 and 4 of this section, as
of the date of start-up under subdivision 8 a of this section, the repowered
unit shall be deemed to have the same date of commencement of operation, date
of commencement of commercial operation, baseline heat input, and baseline NOX
emission rate as the original CAIR NOX opt-in unit, and the original
CAIR NOX opt-in unit shall no longer be treated as a CAIR NOX
opt-in unit or a CAIR NOX unit.
9VAC5-140-1850. CAIR opt-in permit contents. (Repealed.)
A. Each CAIR opt-in permit will contain:
1. All elements required for a complete CAIR permit
application under 9VAC5-140-1220;
2. The certification in 9VAC5-140-1830 A 2;
3. The unit's baseline heat input under subdivision 3 of
9VAC5-140-1840;
4. The unit's baseline NOX emission rate under
subdivision 4 of 9VAC5-140-1840;
5. A statement whether the unit is to be allocated CAIR NOX
allowances under 9VAC5-140-1880 B or C (subject to the conditions in
subdivision 8 of 9VAC5-140-1840 and 9VAC5-140-1860 H);
6. A statement that the unit may withdraw from the CAIR NOX
Annual Trading Program only in accordance with 9VAC5-140-1860; and
7. A statement that the unit is subject to, and the owners
and operators of the unit shall comply with, the requirements of
9VAC5-140-1870.
B. Each CAIR opt-in permit is deemed to incorporate
automatically the definitions of terms under 9VAC5-140-1020 and, upon
recordation by the administrator under Article 6 (9VAC5-140-1500 et seq.),
Article 7 (9VAC5-140-1600 et seq.) of this part or this article, every
allocation, transfer, or deduction of CAIR NOX allowances to or from
the compliance account of the source that includes a CAIR NOX opt-in
unit covered by the CAIR opt-in permit.
C. The CAIR opt-in permit shall be included, in a format
acceptable to the permitting authority, in the CAIR permit for the source where
the CAIR NOX opt-in unit is located and in a Title V operating
permit or state operating permit for the source.
9VAC5-140-1860. Withdrawal from CAIR NOX Annual
Trading Program. (Repealed.)
A. Except as provided under subsection H of this section, a
CAIR NOX opt-in unit may withdraw from the CAIR NOX Annual
Trading Program, but only if the permitting authority issues a notification to
the CAIR-designated representative of the CAIR NOX opt-in unit of
the acceptance of the withdrawal of the CAIR NOX opt-in unit in
accordance with subsection E of this section.
B. In order to withdraw a CAIR NOX opt-in unit
from the CAIR NOX Annual Trading Program, the CAIR-designated
representative of the CAIR NOX opt-in unit shall submit to the
permitting authority a request to withdraw effective as of midnight of December
31 of a specified calendar year, which date must be at least four years after
December 31 of the year of entry into the CAIR NOX Annual Trading
Program under subdivision 7 of 9VAC5-140-1840. The request shall be submitted
no later than 90 days before the requested effective date of withdrawal.
C. Before a CAIR NOX opt-in unit covered by a
request under subsection B of this section may withdraw from the CAIR NOX
Annual Trading Program and the CAIR opt-in permit may be terminated under
subsection F of this section, the following conditions must be met:
1. For the control period ending on the date on which the
withdrawal is to be effective, the source that includes the CAIR NOX
opt-in unit must meet the requirement to hold CAIR NOX allowances
under 9VAC5-140-1060 C and must not have any excess emissions.
2. After the requirement for withdrawal under subdivision 1
of this subsection is met, the administrator will deduct from the compliance
account of the source that includes the CAIR NOX opt-in unit CAIR NOX
allowances equal in amount to and allocated for the same or a prior control
period as any CAIR NOX allowances allocated to the CAIR NOX
opt-in unit under 9VAC5-140-1880 for any control period for which the
withdrawal is to be effective. If there are no remaining CAIR NOX
units at the source, the administrator will close the compliance account, and
the owners and operators of the CAIR NOX opt-in unit may submit a
CAIR NOX allowance transfer for any remaining CAIR NOX
allowances to another CAIR NOX Allowance Tracking System in
accordance with Article 7 (9VAC5-140-1600 et seq.) of this part.
D. Notification shall be performed as follows:
1. After the requirements for withdrawal under subsections B
and C of this section are met (including deduction of the full amount of CAIR
NOX allowances required), the permitting authority will issue a
notification to the CAIR-designated representative of the CAIR NOX
opt-in unit of the acceptance of the withdrawal of the CAIR NOX
opt-in unit as of midnight on December 31 of the calendar year for which the
withdrawal was requested.
2. If the requirements for withdrawal under subsections B
and C of this section are not met, the permitting authority will issue a
notification to the CAIR-designated representative of the CAIR NOX
opt-in unit that the CAIR NOX opt-in unit's request to withdraw is
denied. Such CAIR NOX opt-in unit shall continue to be a CAIR NOX
opt-in unit.
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 CAIR permit covering the
CAIR NOX opt-in unit to terminate the CAIR opt-in permit for such
unit as of the effective date specified under subdivision D 1 of this section.
The unit shall continue to be a CAIR NOX opt-in unit until the
effective date of the termination and shall comply with all requirements under
the CAIR NOX Annual Trading Program concerning any control periods
for which the unit is a CAIR NOX opt-in unit, even if such
requirements arise or must be complied with after the withdrawal takes effect.
F. If the permitting authority denies the CAIR NOX
opt-in unit's request to withdraw, the CAIR-designated representative may
submit another request to withdraw in accordance with subsections B and C of
this section.
G. Once a CAIR NOX opt-in unit withdraws from
the CAIR NOX Annual Trading Program and its CAIR opt-in permit is
terminated under this section, the CAIR-designated representative may not
submit another application for a CAIR opt-in permit under 9VAC5-140-1830 for
such CAIR NOX opt-in unit before the date that is four years after
the date on which the withdrawal became effective. Such new application for a CAIR
opt-in permit will be treated as an initial application for a CAIR opt-in
permit under 9VAC5-140-1840.
H. Notwithstanding subsections B through G of this section,
a CAIR NOX opt-in unit shall not be eligible to withdraw from the
CAIR NOX Annual Trading Program if the CAIR-designated
representative of the CAIR NOX opt-in unit requests, and the
permitting authority issues a CAIR NOX opt-in permit providing for,
allocation to the CAIR NOX opt-in unit of CAIR NOX
allowances under 9VAC5-140-1880 C.
9VAC5-140-1870. Change in regulatory status. (Repealed.)
A. If a CAIR NOX opt-in unit becomes a CAIR NOX
unit under 9VAC5-140-1040, then the CAIR-designated representative shall notify
in writing the permitting authority and the administrator of such change in the
CAIR NOX opt-in unit's regulatory status, within 30 days of such
change.
B. The permitting authority and administrator will take the
following actions:
1. If a CAIR NOX opt-in unit becomes a CAIR NOX
unit under 9VAC5-140-1040, the permitting authority will revise the CAIR NOX
opt-in unit's CAIR opt-in permit to meet the requirements of a CAIR permit
under 9VAC5-140-1230, and remove the CAIR opt-in permit provisions as of the date
on which the CAIR NOX opt-in unit becomes a CAIR NOX unit
under 9VAC5-140-1040.
2.a. The administrator will deduct from the compliance
account of the source that includes the CAIR NOX opt-in unit that
becomes a CAIR NOX unit under 9VAC5-140-1040, CAIR NOX
allowances equal in amount to and allocated for the same or a prior control
period as:
(1) Any CAIR NOX allowances allocated to the
CAIR NOX opt-in unit under 9VAC5-140-1880 for any control period
after the date on which the CAIR NOX opt-in unit becomes a CAIR NOX
unit under 9VAC5-140-1040; and
(2) If the date on which the CAIR NOX opt-in
unit becomes a CAIR NOX unit under 9VAC5-140-1040 is not December
31, the CAIR NOX allowances allocated to the CAIR NOX
opt-in unit under 9VAC5-140-1880 for the control period that includes the date
on which the CAIR NOX opt-in unit becomes a CAIR NOX unit
under 9VAC5-140-1040, multiplied by the ratio of the number of days, in the
control period, starting with the date on which the CAIR NOX opt-in
unit becomes a CAIR NOX unit under 9VAC5-140-1040 divided by the
total number of days in the control period and rounded to the nearest whole
allowance as appropriate.
b. The CAIR-designated representative shall ensure that the
compliance account of the source that includes the CAIR NOX opt-in
unit that becomes a CAIR NOX unit under 9VAC5-140-1040 contains the
CAIR NOX allowances necessary for completion of the deduction under
subdivision a of this subdivision.
3.a. For every control period after the date on which the
CAIR NOX opt-in unit becomes a CAIR NOX unit under
9VAC5-140-1040, the CAIR NOX opt-in unit will be allocated CAIR NOX
allowances under 9VAC5-140-1420.
b. If the date on which the CAIR NOX opt-in unit
becomes a CAIR NOX unit under 9VAC5-140-1040 is not December 31, the
following amount of CAIR NOX allowances will be allocated to the
CAIR NOX opt-in unit (as a CAIR NOX unit) under
9VAC5-140-1420 for the control period that includes the date on which the CAIR
NOX opt-in unit becomes a CAIR NOX unit under 9VAC5-140-1040:
(1) The amount of CAIR NOX allowances otherwise
allocated to the CAIR NOX opt-in unit (as a CAIR NOX
unit) under 9VAC5-140-1420 for the control period multiplied by;
(2) The ratio of the number of days, in the control period,
starting with the date on which the CAIR NOX opt-in unit becomes a
CAIR NOX unit under 9VAC5-140-1040, divided by the total number of
days in the control period; and
(3) Rounded to the nearest whole allowance as appropriate.
9VAC5-140-1880. CAIR NOX allowance allocations to
CAIR NOX opt-in units. (Repealed.)
A. Timing requirements shall be met as follows:
1. When the CAIR opt-in permit is issued under subdivision 5
of 9VAC5-140-1840, the permitting authority will allocate CAIR NOX
allowances to the CAIR NOX opt-in unit, and submit to the
administrator the allocation for the control period in which a CAIR NOX
opt-in unit enters the CAIR NOX Annual Trading Program under
subdivision 7 of 9VAC5-140-1840, in accordance with subsection B or C of this
section.
2. By no later than October 31 of the control period after
the control period in which a CAIR NOX opt-in unit enters the CAIR
NOX Annual Trading Program under subdivision 7 of 9VAC5-140-1840 and
October 31 of each year thereafter, the permitting authority will allocate CAIR
NOX allowances to the CAIR NOX opt-in unit, and submit to
the administrator the allocation for the control period that includes such
submission deadline and in which the unit is a CAIR NOX opt-in unit,
in accordance with subsection B or C of this section.
B. For each control period for which a CAIR NOX
opt-in unit is to be allocated CAIR NOX allowances, the permitting
authority will allocate in accordance with the following procedures:
1. The heat input (in mmBtu) used for calculating the CAIR
NOX allowance allocation will be the lesser of:
a. The CAIR NOX opt-in unit's baseline heat
input determined under subdivision 3 of 9VAC5-140-1840; or
b. The CAIR NOX opt-in unit's heat input, as
determined in accordance with Article 8 (9VAC5-140-1700 et seq.) of this part,
for the immediately prior control period, except when the allocation is being
calculated for the control period in which the CAIR NOX opt-in unit
enters the CAIR NOX Annual Trading Program under subdivision 7 of
9VAC5-140-1840.
2. The NOX emission rate (in lb/mmBtu) used for
calculating CAIR NOX allowance allocations will be the lesser of:
a. The CAIR NOX opt-in unit's baseline NOX
emissions rate (in lb/mmBtu) determined under subdivision 4 of 9VAC5-140-1840
and multiplied by 70%; or
b. The most stringent state or federal NOX
emissions limitation applicable to the CAIR NOX opt-in unit at any
time during the control period for which CAIR NOX allowances are to
be allocated.
3. The permitting authority will allocate CAIR NOX
allowances to the CAIR NOX opt-in unit in an amount equaling the
heat input under subdivision 1 of this subsection, multiplied by the NOX
emission rate under subdivision 2 of this subsection, divided by 2,000 lb/ton,
and rounded to the nearest whole allowance as appropriate.
C. Notwithstanding subsection B of this section and if the
CAIR-designated representative requests, and the permitting authority issues a
CAIR opt-in permit (based on a demonstration of the intent to repower stated
under 9VAC5-140-1830 A 5) providing for, allocation to a CAIR NOX
opt-in unit of CAIR NOX allowances under this subsection (subject to
the conditions in subdivision 8 of 9VAC5-140-1840 and 9VAC5-140-1860 H), the
permitting authority will allocate to the CAIR NOX opt-in unit as
follows:
1. For each control period in 2009 through 2014 for which
the CAIR NOX opt-in unit is to be allocated CAIR NOX
allowances,
a. The heat input (in mmBtu) used for calculating CAIR NOX
allowance allocations will be determined as described in subdivision B 1 of
this section.
b. The NOX emission rate (in lb/mmBtu) used for
calculating CAIR NOX allowance allocations will be the lesser of:
(1) The CAIR NOX opt-in unit's baseline NOX
emissions rate (in lb/mmBtu) determined under subdivision 4 of 9VAC5-140-1840;
or
(2) The most stringent state or federal NOX
emissions limitation applicable to the CAIR NOX opt-in unit at any
time during the control period in which the CAIR NOX opt-in unit
enters the CAIR NOX Annual Trading Program under subdivision 7 of
9VAC5-140-1840.
c. The permitting authority will allocate CAIR NOX
allowances to the CAIR NOX opt-in unit in an amount equaling the
heat input under subdivision a of this subdivision, multiplied by the NOX
emission rate under subdivision b of this subdivision, divided by 2,000 lb/ton,
and rounded to the nearest whole allowance as appropriate.
2. For each control period in 2015 and thereafter for which
the CAIR NOX opt-in unit is to be allocated CAIR NOX
allowances,
a. The heat input (in mmBtu) used for calculating the CAIR
NOX allowance allocations will be determined as described in
subdivision B 1 of this section.
b. The NOX emission rate (in lb/mmBtu) used for
calculating the CAIR NOX allowance allocation will be the lesser of:
(1) 0.15 lb/mmBtu;
(2) The CAIR NOX opt-in unit's baseline NOX
emissions rate (in lb/mmBtu) determined under subdivision 4 of 9VAC5-140-1840;
or
(3) The most stringent state or federal NOX
emissions limitation applicable to the CAIR NOX opt-in unit at any
time during the control period for which CAIR NOX allowances are to
be allocated.
c. The permitting authority will allocate CAIR NOX
allowances to the CAIR NOX opt-in unit in an amount equaling the
heat input under subdivision a of this subdivision, multiplied by the NOX
emission rate under subdivision b of this subdivision, divided by 2,000 lb/ton,
and rounded to the nearest whole allowance as appropriate.
D. Recordation shall be performed as follows:
1. The administrator will record, in the compliance account
of the source that includes the CAIR NOX opt-in unit, the CAIR NOX
allowances allocated by the permitting authority to the CAIR NOX
opt-in unit under subdivision A 1 of this section.
2. By December 1 of the control period in which a CAIR NOX
opt-in unit enters the CAIR NOX Annual Trading Program under
subdivision 7 of 9VAC5-140-1840 and December 1 of each year thereafter, the
administrator will record, in the compliance account of the source that
includes the CAIR NOX opt-in unit, the CAIR NOX
allowances allocated by the permitting authority to the CAIR NOX
opt-in unit under subdivision A 2 of this section.
Part III
NOX Ozone Season Trading Program
Article 1
CAIR NOX Ozone Season Trading Program General Provisions
9VAC5-140-2010. Purpose and authority. (Repealed.)
A. This part establishes general provisions and the
designated representative, permitting, allowance, monitoring, and opt-in
provisions for the State Clean Air Interstate Rule (CAIR) NOX Ozone
Season Trading Program, under § 110 of the Clean Air Act and 40 CFR 51.123, as
a means of mitigating interstate transport of ozone and nitrogen oxides.
B. The purpose of this part is not to create the CAIR NOX
Ozone Season Trading Program only for CAIR NOX Ozone Season units
and CAIR NOX Ozone Season sources geographically located within the
borders of the Commonwealth of Virginia. Upon approval by EPA in accordance
with 40 CFR 51.123 (o)(1) or (2), qualifying CAIR NOX Ozone Season
units and CAIR NOX Ozone Season sources within the Commonwealth will
become full participants in the EPA-administered regional CAIR NOX
Ozone Season Trading Program, which will include CAIR NOX Ozone
Season units and CAIR NOX Ozone Season sources permitted by
authorities in all other states that are participating in the regional CAIR NOX
Ozone Season Trading Program.
C. This part should not be interpreted to limit the CAIR NOX
Ozone Season Trading Program to Virginia CAIR NOX Ozone Season units
and CAIR NOX Ozone Season sources, which would be contrary to the
intention that CAIR NOX Ozone Season units and CAIR NOX
Ozone Season sources covered by CAIR programs of other states approved in
accordance with 40 CFR 51.123 (o)(1) or (2) or by the CAIR Federal
Implementation Plan (subparts AA through II of 40 CFR Part 97) may trade
allowances with CAIR NOX Ozone Season units and CAIR NOX
Ozone Season sources in the Commonwealth. While the CAIR NOX Ozone
Season Trading Program must include CAIR NOX Ozone Season units and
CAIR NOX Ozone Season sources and permitting authorities beyond the
borders of the Commonwealth, the permitting authority for Virginia (the State Air
Pollution Control Board) has no authority to ensure compliance with this part
by any permitting authority, person or entity outside the Commonwealth.
D. The board has the authority under the Code of Virginia
to regulate the allocations of allowances, issuance of the budget permits, the
administration of the opt-in provisions and other duties assigned to the
permitting authority only for CAIR NOX Ozone Season units and CAIR
NOX Ozone Season sources in Virginia. The board authorizes the
administrator to assist the board in implementing the CAIR NOX Ozone
Season Trading Program by carrying out the functions set forth for the
administrator in this part.
9VAC5-140-2020. Definitions. (Repealed.)
A. As used in this part, all words or terms not defined
here shall have the meaning given them in 9VAC5-10 (General Definitions) unless
otherwise required by context.
B. For the purpose of this part and any related use, the
words or terms shall have the meaning given them in this subsection.
"Account number" means the identification number
given by the administrator to each CAIR NOX Ozone Season Allowance
Tracking System account.
"Acid Rain emissions limitation" means a
limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid
Rain Program.
"Acid Rain Program" means a multistate sulfur
dioxide and nitrogen oxides air pollution control and emission reduction
program established by the administrator under Title IV of the CAA and 40 CFR
Parts 72 through 78.
"Administrator" means the administrator of the
United States Environmental Protection Agency or the administrator's duly
authorized representative.
"Allocate" or "allocation" means, with
regard to CAIR NOX Ozone Season allowances, the determination by a
permitting authority or the administrator of the amount of such CAIR NOX
Ozone Season allowances to be initially credited to a CAIR NOX Ozone
Season unit, a new unit set-aside, a new energy efficiency/renewable energy
set-aside, or other entity.
"Allocation year" means the year in which
allowance allocations are calculated for a future year.
"Allowance transfer deadline" means, for a
control period, midnight of November 30 (if it is a business day), or midnight
of the first business day thereafter (if November 30 is not a business day),
immediately following the control period and is the deadline by which a CAIR NOX
Ozone Season allowance transfer must be submitted for recordation in a CAIR NOX
Ozone Season source's compliance account in order to be used to meet the
source's CAIR NOX Ozone Season emissions limitation for such control
period in accordance with 9VAC5-140-2540.
"Alternate CAIR-designated representative" means,
for a CAIR NOX Ozone Season source and each CAIR NOX
Ozone Season unit at the source, the natural person who is authorized by the
owners and operators of the source and all such units at the source, in
accordance with Article 2 (9VAC5-140-2100 et seq.) and Article 9
(9VAC5-140-2800 et seq.) of this part, to act on behalf of the CAIR-designated
representative in matters pertaining to the CAIR NOX Ozone Season
Trading Program. If the CAIR NOX Ozone Season source is also a CAIR
NOX source, then this natural person shall be the same person as the
alternate CAIR-designated representative under the CAIR NOX Annual
Trading Program. If the CAIR NOX Ozone Season source is also a CAIR
SO2 source, then this natural person shall be the same person as the
alternate CAIR-designated representative under the CAIR SO2 Trading
Program. If the CAIR NOX Ozone Season source is also subject to the
Acid Rain Program, then this natural person shall be the same person as the
alternate designated representative under the Acid Rain Program. If the CAIR NOX
Ozone Season source is also subject to the Hg Budget Trading Program, then this
natural person shall be the same person as the alternate Hg designated
representative under the Hg Budget Trading Program.
"Automated data acquisition and handling system"
or "DAHS" means that component of the continuous emission monitoring
system, or other emissions monitoring system approved for use under Article 8
(9VAC5-140-2700 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 (9VAC5-140-2700 et seq.) of this part.
"Biomass" means:
1. Any organic material grown for the purpose of being
converted to energy;
2. Any organic byproduct of agriculture that can be
converted into energy; or
3. Any material that can be converted into energy and is
nonmerchantable for other purposes, that is segregated from other
nonmerchantable material, and that is:
a. A forest-related organic resource, including mill
residues, precommercial thinnings, slash, brush, or byproduct from conversion
of trees to merchantable material; or
b. A wood material, including pallets, crates, dunnage,
manufacturing and construction materials (other than pressure-treated,
chemically-treated, or painted wood products), and landscape or right-of-way
tree trimmings.
"Biomass energy" means energy derived from the
combustion or electro-chemical reaction (as with a fuel cell) of hydrocarbon
materials of a biogenic origin using a solid, liquid or gaseous fuel. Biomass
fuel materials include, but are not limited to, animal wastes (e.g., manure)
and clean plant materials (e.g. wood chips, waste paper and crop wastes).
Biomass fuels exclude products that have emissions that include heavy metals
and other neurotoxins (e.g., municipal solid wastes). Biomass fuel materials may
be converted to a gaseous fuel, such as landfills (i.e., landfill gas) or waste
treatment facilities (i.e., digester gas), or to liquid fuels (e.g.,
biodiesel). To be considered a biomass facility, the facility must (i) employ
maximum achievable control technology and continuous emission stack monitors
for all chemical emissions of concern to human health and (ii) be listed in one
of the following categories: anaerobic digestion systems operating on animal or
plant wastes, methane gas, combustion of clean wood, bark or other plant
material; or on combustion of fuels derived entirely from processing of clean
wood, bark, or other plant or animal material, including processing by
gasification, pyrolysis, fermentation, distillation, or densification.
"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.
"Bottoming-cycle cogeneration unit" means a
cogeneration unit in which the energy input to the unit is first used to
produce useful thermal energy and at least some of the reject heat from the
useful thermal energy application or process is then used for electricity
production.
"CAIR-authorized account representative" means,
with regard to a general account, a responsible natural person who is
authorized, in accordance with Article 2 (9VAC5-140-2100 et seq.), Article 6
(9VAC5-140-2500 et seq.) and Article 9 (9VAC5-140-2800 et seq.) of this part,
to transfer and otherwise dispose of CAIR NOX Ozone Season allowances
held in the general account and, with regard to a compliance account, the
CAIR-designated representative of the source.
"CAIR-designated representative" means, for a
CAIR NOX Ozone Season source and each CAIR NOX Ozone
Season unit at the source, the natural person who is authorized by the owners
and operators of the source and all such units at the source, in accordance
with Article 2 (9VAC5-140-2100 et seq.) and Article 9 (9VAC5-140-2800 et seq.)
of this part, to represent and legally bind each owner and operator in matters
pertaining to the CAIR NOX Ozone Season Trading Program. If the CAIR
NOX Ozone Season source is also a CAIR NOX source, then
this natural person shall be the same person as the CAIR-designated
representative under the CAIR NOX Annual Trading Program. If the
CAIR NOX Ozone Season source is also a CAIR SO2 source,
then this natural person shall be the same person as the CAIR-designated
representative under the CAIR SO2 Trading Program. If the CAIR NOX
Ozone Season source is also subject to the Acid Rain Program, then this natural
person shall be the same person as the designated representative under the Acid
Rain Program. If the CAIR NOX Ozone Season source is also subject to
the Hg Budget Trading Program, then this natural person shall be the same
person as the Hg designated representative under the Hg Budget Trading Program.
"CAIR NOX Annual Trading Program"
means a multistate nitrogen oxides air pollution control and emission reduction
program approved and administered by the administrator in accordance with Part
II, subparts AA through II of 40 CFR Part 96, (9VAC5-140-1010 et seq.) of this
chapter and 40 CFR 51.123 (o) (1) or (2) or established by the administrator in
accordance with subparts AA through II of 40 CFR Part 97 and 40 CFR 51.123 (p)
and 52.35, as a means of mitigating interstate transport of fine particulates
and nitrogen oxides.
"CAIR NOX Ozone Season allowance"
means a limited authorization issued by a permitting authority or the administrator
under Article 5 (9VAC5-140-2400 et seq.) of this part, provisions of an
implementation plan that are approved under 40 CFR 51.123(aa)(1) or (2) and
(bb)(1), (bb)(2), (dd), or (ee), or under subpart EEEE of 40 CFR Part 97 or 40
CFR 97.388, to emit one ton of nitrogen oxides during a control period of the
specified calendar year for which the authorization is allocated or of any
calendar year thereafter under the CAIR NOX Ozone Season Trading
Program or a limited authorization issued by a permitting authority for a
control period during 2003 through 2008 under the NOX Budget Trading
Program under Part I (9VAC5-140-10 et seq.) of this chapter or in accordance
with 40 CFR 51.121(p) to emit one ton of nitrogen oxides during a control
period, provided that the provision in 40 CFR 51.121(b)(2) (ii) (E) shall not
be used in applying this definition and the limited authorization shall not
have been used to meet the allowance-holding requirement under the NOx Budget
Trading Program. An authorization to emit nitrogen oxides that is not issued
under Article 5 (9VAC5-140-2400 et seq.) of this part, provisions of an
implementation plan approved under 40 CFR 51.123(aa)(1) or (2) and (bb) (1),
(bb) (2), (dd), or (ee) or subpart EEEE of 40 CFR Part 97 or 40 CFR 97.388 or
under the NOX Budget Trading Program as described in the prior
sentence shall not be a CAIR NOX Ozone Season allowance. No
provision of the CAIR NOX Ozone Season Program, the CAIR permit
application, the CAIR permit, or an exemption under 9VAC5-140-2050 and no
provision of law shall be construed to limit the authority of the United States
or the board to terminate or limit such authorization, which does not
constitute a property right.
"CAIR NOX Ozone Season allowance
deduction" or "deduct CAIR NOX Ozone Season
allowances" means the permanent withdrawal of CAIR NOX Ozone
Season allowances by the administrator from a compliance account, e.g., in
order to account for a specified number of tons of total nitrogen oxides
emissions from all CAIR NOX Ozone Season units at a CAIR NOX
Ozone Season source for a control period, determined in accordance with Article
8 (9VAC5-140-2700 et seq.) of this part, or to account for excess emissions.
"CAIR NOX Ozone Season Allowance Tracking
System" means the system by which the administrator records allocations,
deductions, and transfers of CAIR NOX Ozone Season allowances under
the CAIR NOX Ozone Season Trading Program. Such allowances will be
allocated, held, deducted, or transferred only as whole allowances.
"CAIR NOX Ozone Season Allowance Tracking
System account" means an account in the CAIR NOX Ozone Season
Allowance Tracking System established by the administrator for purposes of
recording the allocation, holding, transferring, or deducting of CAIR NOX
Ozone Season allowances.
"CAIR NOX Ozone Season allowances
held" or "hold CAIR NOX Ozone Season allowances"
means the CAIR NOX Ozone Season allowances recorded by the
administrator, or submitted to the administrator for recordation, in accordance
with Article 6 (9VAC5-140-2500 et seq.), Article 7 (9VAC5-140-2600 et seq.),
and Article 9 (9VAC5-140-2800 et seq.) of this part, in a CAIR NOX
Ozone Season Allowance Tracking System account.
"CAIR NOX Ozone Season core trading
budget" means the amount of tons of NOX emissions in the CAIR
NOX Ozone Season trading budget for the control period minus the
amount of tons of NOX emissions under subdivision 1 of the
definition of new unit set-aside budget and the new energy efficiency/renewable
energy unit set-aside budget.
"CAIR NOX Ozone Season emissions
limitation" means, for a CAIR NOX Ozone Season source, the
tonnage equivalent, in NOX emissions in a control period, of the
CAIR NOX Ozone Season allowances available for deduction for the
source under 9VAC5-140-2540 A and B for the control period.
"CAIR NOX Ozone Season source" means a
source that includes one or more CAIR NOX Ozone Season units.
"CAIR NOX Ozone Season trading budget"
means the total number of NOX tons set forth in 9VAC5-140-2400 and
apportioned to all CAIR NOX Ozone Season units and energy
efficiency/renewable energy units in accordance with the CAIR NOX
Ozone Trading Program, for use in a given control period.
"CAIR NOX Ozone Season Trading
Program" means a multistate nitrogen oxides air pollution control and
emission reduction program approved and administered by the administrator in
accordance with this part, subparts AAAA through IIII of 40 CFR Part 96, and 40
CFR 51.123 (aa)(1) or (2) and (bb)(1), (bb)(2), or (dd) or established by the
administrator in accordance with subparts AAAA through IIII of 40 CFR Part 97
and 40 CFR 51.123(ee) and 52.35, as a means of mitigating interstate transport
of ozone and nitrogen oxides.
"CAIR NOX Ozone Season unit" means a
unit that is subject to the CAIR NOX Ozone Season Trading Program
under 9VAC5-140-2040 and, except for purposes of 9VAC5-140-2050 and Article 5
(9VAC5-140-2400 et seq.) of this part, a CAIR NOX Ozone Season
opt-in unit under Article 9 (9VAC5-140-2800 et seq.) of this part.
"CAIR NOX source" means a source that
is subject to the CAIR NOX Annual Trading Program.
"CAIR permit" means the terms and conditions in a
Title V operating permit or state operating permit, issued by the permitting
authority under Article 3 (9VAC5-140-2200 et seq.) of this part, including any
permit revisions, specifying the CAIR NOX Ozone Season Trading
Program requirements applicable to a CAIR NOX Ozone Season source,
to each CAIR NOX Ozone Season unit at the source, and to the owners
and operators and the CAIR-designated representative of the source and each
such unit.
"CAIR SO2 source" means a source that
is subject to the CAIR SO2 Trading Program.
"CAIR SO2 Trading Program" means a
multistate sulfur dioxide air pollution control and emission reduction program
approved and administered by the administrator in accordance with Part IV
(9VAC5-140-3010 et seq.) of this chapter, subparts AAA through IIII of 40 CFR
Part 96, and 40 CFR 51.124 (o)(1) or (2) or established by the administrator in
accordance with subparts AAA through III of 40 CFR Part 97 and 40 CFR 51.124(r)
and 52.36, as a means of mitigating interstate transport of fine particulates
and sulfur dioxide.
"Clean Air Act" or "CAA" means the
Clean Air Act, 42 USC § 7401 et seq.
"Coal" means any solid fuel classified as
anthracite, bituminous, subbituminous, or lignite.
"Coal-derived fuel" means any fuel (whether in a
solid, liquid, or gaseous state) produced by the mechanical, thermal, or
chemical processing of coal.
"Coal-fired" means:
1. Except for purposes of Article 5 (9VAC5-140-2400 et seq.)
of this part, combusting any amount of coal or coal-derived fuel, alone or in
combination with any amount of any other fuel, during any year; or
2. For purposes of Article 5 (9VAC5-140-2400 et seq.) of
this part, combusting any amount of coal or coal-derived fuel, alone or in
combination with any amount of any other fuel, during a specified year.
"Cogeneration unit" means a stationary,
fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine:
1. Having equipment used to produce electricity and useful
thermal energy for industrial, commercial, heating, or cooling purposes through
the sequential use of energy;
2. Producing during the 12-month period starting on the date
the unit first produces electricity and during any calendar year after the
calendar year in which the unit first produces electricity:
a. For a topping-cycle cogeneration unit:
(1) Useful thermal energy not less than 5.0% of total
energy output; and
(2) Useful power that, when added to one-half of useful
thermal energy produced, is not less then 42.5% of total energy input, if
useful thermal energy produced is 15% or more of total energy output, or not
less than 45% of total energy input, if useful thermal energy produced is less
than 15% of total energy output.
b. For a bottoming-cycle cogeneration unit, useful power
not less than 45% of total energy input; and
3. Provided that the total energy input under subdivisions 2
a (2) and 2 b of this definition shall equal the unit's total energy input from
all fuel except biomass if the unit is a boiler.
"Combustion turbine" means:
1. An enclosed device comprising 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; and
2. If the enclosed device under subdivision 1 of this
definition is combined cycle, any associated duct burner, heat recovery steam
generator, and steam turbine.
"Commence commercial operation" means, with
regard to a unit:
1. 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 9VAC5-140-2050 and subdivision 8 of 9VAC5-140-2840.
a. For a unit that is a CAIR NOX Ozone Season
unit under 9VAC50-140-2040 on the later of November 15, 1990, or the date the
unit commences commercial operation as defined in subdivision 1 of this definition
and that subsequently undergoes a physical change (other than replacement of
the unit by a unit at the same source), such date shall remain the date of
commencement of commercial operation of the unit which shall continue to be
treated as the same unit.
b. For a unit that is a CAIR NOX Ozone Season
unit under 9VAC5-140-2040 the later of November 15 1990, or on the date the
unit commences commercial operation as defined in subdivision 1 of this
definition and that is subsequently replaced by a unit at the same source
(e.g., repowered), such date shall remain the replaced unit's date of
commencement of commercial operation, and the replacement unit shall be treated
as a separate unit with a separate date for commencement of commercial
operation as defined in subdivision 1 or 2 of this definition as appropriate.
2. Notwithstanding subdivision 1 of this definition and
except as provided in 9VAC5-140-2050, for a unit that is not a CAIR NOX
Ozone Season unit under 9VAC5-140-2040 on the later of November 15, 1990, or
the date the unit commences commercial operation as defined in subdivision 1 of
this definition, the unit's date for commencement of commercial operation shall
be the date on which the unit becomes a CAIR NOX Ozone Season unit
under 9VAC5-140-2040.
a. For a unit with a date for commencement of commercial
operation as defined in subdivision 2 of this definition and that subsequently
undergoes a physical change (other than replacement of the unit by a unit at
the same source), such date shall remain the date of commencement of commercial
operation of the unit, which shall continue to be treated as the same unit.
b. For a unit with a date for commencement of commercial
operation as defined in subdivision 2 of this definition and that is subsequently
replaced by a unit at the same source (e.g., repowered), such date shall remain
the replaced unit's date of commencement of commercial operation, and the
replacement unit shall be treated as a separate unit with a separate date for
commencement of commercial operation as defined in subdivision 1 or 2 of this
definition as appropriate.
"Commence commercial operation" means, with
regard to an existing nonelectric generating 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. For a unit that is a
CAIR NOX Ozone Season unit under 9VAC5-140-2040 C 2 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 Article 9 (9VAC5-140-2800 et
seq.) of this part, for a unit that is not a CAIR NOX Ozone Season unit
under 9VAC5-140-2040 C 2 on the date the unit commences commercial operation,
the date the unit becomes a CAIR NOX Ozone Season unit under
9VAC5-140-2040 C 2 shall be the unit's date of commencement of commercial
operation.
"Commence operation" means:
1. 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 subdivision 8 of 9VAC5-140-2840.
2. For a unit that undergoes a physical change (other than
replacement of the unit by a unit at the same source) after the date the unit
commences operation as defined in subdivision 1 of this definition, such date
shall remain the date of commencement of operation of the unit, which shall
continue to be treated as the same unit.
3. For a unit that is replaced by a unit at the same source
(e.g., repowered) after the date the unit commences operation as defined in
subdivision 1 of this definition, such date shall remain the replaced unit's
date of commencement of operation, and the replacement unit shall be treated as
a separate unit with a separate date for commencement of operation as defined
in subdivisions 1, 2, or 3 of this definition as appropriate, except as
provided in subdivision 8 of 9VAC5-140-2840.
"Commence operation" means, with regard to an
existing nonelectric generating unit, to have begun any mechanical, chemical,
or electronic process, including, with regard to a unit, start-up of a unit's
combustion chamber. For a unit that is a CAIR NOX Ozone Season unit
under 9VAC5-140-2040 C 2 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
Article 9 (9VAC5-140-2800 et seq.) of this part, for a unit that is not a CAIR
NOX Ozone Season unit under 9VAC5-140-2040 C 2 on the date of
commencement of operation, the date the unit becomes a CAIR NOX
Ozone Season unit under 9VAC5-140-2040 C 2 shall be the unit's date of
commencement of operation.
"Common stack" means a single flue through which
emissions from 2 or more units are exhausted.
"Compliance account" means a CAIR NOX
Ozone Season Allowance Tracking System account, established by the
administrator for a CAIR NOX Ozone Season source under Article 6
(9VAC5-140-2500 et seq.) or Article 9 (9VAC5-140-2800 et seq.) of this part, in
which any CAIR NOX Ozone Season allowance allocations for the CAIR
NOX Ozone Season units at the source are initially recorded and in
which are held any CAIR NOX Ozone Season allowances available for
use for a control period in order to meet the source's CAIR NOX
Ozone Season emissions limitation in accordance with 9VAC5-140-2540.
"Continuous emission monitoring system" or
"CEMS" means the equipment required under Article 8 (9VAC5-140-2700
et seq.) of this part to sample, analyze, measure, and provide, by means of
readings recorded at least once every 15 minutes (using an automated data
acquisition and handling system (DAHS)), a permanent record of nitrogen oxides
emissions, stack gas volumetric flow rate, stack gas moisture content, and
oxygen or carbon dioxide concentration (as applicable), in a manner consistent
with 40 CFR Part 75. The following systems are the principal types of continuous
emission monitoring systems required under Article 8 (9VAC5-140-2700 et seq.)
of this part:
1. A flow monitoring system, consisting of a stack flow rate
monitor and an automated data acquisition and handling system and providing a
permanent, continuous record of stack gas volumetric flow rate, in standard
cubic feet per hour (scfh);
2. A nitrogen oxides concentration monitoring system,
consisting of a NOX pollutant concentration monitor and an automated
data acquisition and handling system and providing a permanent, continuous
record of NOX emissions, in parts per million (ppm);
3. A nitrogen oxides emission rate (or NOX-diluent)
monitoring system, consisting of a NOX pollutant concentration
monitor, a diluent gas (CO2 or O2) monitor, and an automated
data acquisition and handling system and providing a permanent, continuous
record of NOX concentration, in parts per million (ppm), diluent gas
concentration, in percent CO2 or O2, and NOX
emission rate, in pounds per million British thermal units (lb/mmBtu);
4. A moisture monitoring system, as defined in 40 CFR
75.11(b)(2) and providing a permanent, continuous record of the stack gas
moisture content, in percent H2O;
5. A carbon dioxide monitoring system, consisting of a CO2
pollutant concentration monitor (or an oxygen monitor plus suitable
mathematical equations from which the CO2 concentration is derived)
and an automated data acquisition and handling system and providing a
permanent, continuous record of CO2 emissions, in percent CO2;
and
6. An oxygen monitoring system, consisting of an O2
concentration monitor and an automated data acquisition and handling system and
providing a permanent, continuous record of O2, in percent O2.
"Control period" or "ozone season"
means the period beginning May 1 of a calendar year, except as provided in
9VAC5-140-2060 C 2, and ending on September 30 of the same year, inclusive.
"EERE proponent" means any person who owns,
leases, operates or controls an energy efficiency unit or a renewable energy
unit, or an EERE representative.
"EERE representative" means a party that
aggregates one or more energy efficiency units or renewable energy units. An
EERE representative may include, without limitation, a common owner of
projects, an energy service company, an emission trading broker or a state or
municipal entity.
"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 CAIR-designated representative and as determined by the
administrator in accordance with Article 8 (9VAC5-140-2700 et seq.) of this
part.
"Energy efficiency unit" means an end-use energy
efficiency project implemented after January 1, 2006, that reduces electricity
consumption at a building or facility located in Virginia according to an
energy efficiency verification protocol acceptable to the permitting authority.
Projects resulting in energy savings at a CAIR NOX Ozone Season unit
are not encompassed within this definition.
"Excess emissions" means any ton of nitrogen
oxides emitted by the CAIR NOX Ozone Season units at a CAIR NOX
Ozone Season source during a control period that exceeds the CAIR NOX
Ozone Season emissions limitation for the source.
"Existing nonelectric generating unit" means a
source of NOX emissions that is a CAIR NOX Ozone Season
unit under 9VAC5-140-2040 C 1 and listed in 9VAC5-140-2430.
"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,
combusting any amount of fossil fuel in any calendar year.
"Fossil fuel-fired" means, with regard to an
existing nonelectric generating 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:
a. 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
b. 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.
"Fuel oil" means any petroleum-based fuel
(including diesel fuel or petroleum derivatives such as oil tar) and any
recycled or blended petroleum products or petroleum by-products used as a fuel
whether in a liquid, solid, or gaseous state.
"General account" means a NOX Ozone
Season Allowance Tracking System account, established under Article 6
(9VAC5-140-2500 et seq.) of this part, that is not a compliance account.
"Generator" means a device that produces
electricity.
"Gross electrical output" means, with regard to a
cogeneration unit, electricity made available for use, including any such
electricity used in the power production process (which process includes, but
is not limited to, any on-site processing or treatment of fuel combusted at the
unit and any on-site emission controls).
"Heat input" means, with regard to a specified
period of time, the product (in mmBtu/time) of the gross calorific value of the
fuel (in Btu/lb) divided by 1,000,000 Btu/mmBtu and multiplied by the fuel feed
rate into a combustion device (in lb of fuel/time), as measured, recorded, and
reported to the administrator by the CAIR-designated representative and
determined by the administrator in accordance with Article 8 (9VAC5-140-2700 et
seq.) of this part and excluding the heat derived from preheated combustion
air, recirculated flue gases, or exhaust from other sources.
"Heat input rate" means the amount of heat input
(in mmBtu) divided by unit operating time (in hr) or, with regard to a specific
fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the
unit operating time (in hr) during which the unit combusts the fuel.
"Hg Budget Trading Program" means a multistate Hg
air pollution control and emission reduction program approved and administered
by the administrator in accordance with Part VI (9VAC5-140-5010 et seq.) of
this chapter and 40 CFR 60.24(h)(6), or established by the administrator under
§ 111 of the Clean Air Act, as a means of reducing national Hg emissions.
"Implementation plan" means the portion or
portions of the state implementation plan, or the most recent revision thereof,
which 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 which 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
generated by 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 no less 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 maximum
amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a
steady state basis as of the initial installation of the unit as specified by
the manufacturer of the unit.
"Monitoring system" means any monitoring system
that meets the requirements of Article 8 (9VAC5-140-2700 et seq.) of this part,
including a continuous emissions monitoring system, an alternative monitoring
system, or an excepted monitoring system under 40 CFR Part 75.
"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
which 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 resulting in the lowest emissions rate.
"Nameplate capacity" means, starting from the
initial installation of a generator, the maximum electrical generating output
(in MWe) that the generator is capable of producing on a steady state basis and
during continuous operation (when not restricted by seasonal or other
deratings) as of such installation as specified by the manufacturer of the
generator or, starting from the completion of any subsequent physical change in
the generator resulting in an increase in the maximum electrical generating
output (in MWe) that the generator is capable of producing on a steady state
basis and during continuous operation (when not restricted by seasonal or other
deratings), such increased maximum amount as of such installation as specified
by the person conducting the physical change.
"New energy efficiency/renewable energy unit set-aside
budget" means the amount of tons of NOX emissions in the CAIR
NOX Ozone Season trading budget for each control period in 2009 and
thereafter multiplied by 1.0%, rounded to the nearest whole allowance as
appropriate.
"New nonelectric generating unit" means a source
of NOX emissions that is a CAIR NOX Ozone Season unit
under 9VAC5-140-2040 C 2.
"New unit set-aside budget" means the sum of:
1. The amount of tons of NOX emissions in the
CAIR NOX Ozone Season trading budget for the control period to which
the new unit set-aside applies multiplied by the new unit set-aside percentage,
rounded to the nearest whole allowance as appropriate.
2. 736 tons of NOX emissions for each control
period.
"New unit set-aside percentage" means 4.0% for
each control period in 2009 through 2013 or 1.0 % for each control period in
2014 and thereafter.
"Nonelectric generating unit" means a source of
NOX emissions that is a CAIR NOX Ozone Season unit under
9VAC5-140-2040 C but is not covered under 9VAC5-140-2040 A.
"Nonattainment condition" means a condition where
any area is shown by air quality monitoring data or which is shown by an air
quality impact analysis (using modeling or other methods determined by the
board to be reliable) to exceed the levels allowed by the ambient air quality standard
for a given pollutant, regardless of whether such demonstration is based on
current or projected emissions data.
"Oil-fired" means, for purposes of Article 5
(9VAC5-140-2400 et seq.) of this part, combusting fuel oil for more than 15% of
the annual heat input in a specified year and not qualifying as coal-fired.
"Operator" means any person who operates,
controls, or supervises a CAIR NOX Ozone Season unit or a CAIR NOX
Ozone Season source and shall include, but not be limited to, any holding
company, utility system, or plant manager of such a unit or source.
"Owner" means any of the following persons:
1. With regard to a CAIR NOX Ozone Season source
or a CAIR NOX Ozone Season unit at a source, respectively:
a. Any holder of any portion of the legal or equitable
title in a CAIR NOX Ozone Season unit at the source or the CAIR NOX
Ozone Season unit;
b. Any holder of a leasehold interest in a CAIR NOX
Ozone Season unit at the source or the CAIR NOX Ozone Season unit;
or
c. Any purchaser of power from a CAIR NOX Ozone
Season unit at the source or the CAIR NOX Ozone Season unit under a
life of the unit, firm power contractual arrangement; provided that, 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) on the
revenues or income from such CAIR NOX Ozone Season unit; or
2. With regard to any general account, any person who has an
ownership interest with respect to the CAIR NOX Ozone Season
allowances held in the general account and who is subject to the binding
agreement for the CAIR-authorized account representative to represent the
person's ownership interest with respect to CAIR NOX Ozone Season
allowances.
"Permitting authority" means the state air
pollution control agency, local agency, other state agency, or other agency
authorized by the administrator to issue or revise permits to meet the
requirements of the CAIR NOX Ozone Season Trading Program or, if no
such agency has been so authorized, the administrator. For the Commonwealth of
Virginia, the permitting authority shall be the State Air Pollution Control
Board. The board will issue or revise permits to meet the requirements of the
CAIR NOX Ozone Season Trading Program in accordance with Article 3
(9VAC5-140-2200 et seq.) of this part.
"Potential electrical output capacity" means 33%
of a unit's maximum design heat input, divided by 3,413 Btu/kWh, divided by
1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
"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 hard copy or by
authorized electronic transmission), as indicated in an official 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 CAIR NOX Ozone Season
allowances, the movement of CAIR NOX Ozone Season allowances by the
administrator into or between CAIR NOX Ozone Season Allowance
Tracking System accounts, 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 40 CFR 75.22.
"Renewable energy unit" means an electric
generator that began commercial operation after January 1, 2006, and is powered
by (i) wind, solar, ocean thermal, wave, tidal, geothermal, or biomass energy,
or (ii) fuel cells powered by hydrogen generated by a renewable energy source.
Renewable energy does not include energy derived from: (i) material that has
been treated or painted or derived from demolition or construction material;
(ii) municipal, industrial or other multiple source solid waste; and (iii)
co-firing of biomass with fossil fuels or solid waste.
"Replacement," "replace," or
"replaced" means, with regard to a unit, the demolishing of a unit,
or the permanent shutdown and permanent disabling of a unit, and the
construction of another unit (the replacement unit) to be used instead of the
demolished or shutdown unit (the replaced unit).
"Repowered" means, with regard to a unit,
replacement of a coal-fired boiler with one of the following coal-fired
technologies at the same source as the coal-fired boiler:
1. Atmospheric or pressurized fluidized bed combustion;
2. Integrated gasification combined cycle;
3. Magnetohydrodynamics;
4. Direct and indirect coal-fired turbines;
5. Integrated gasification fuel cells; or
6. As determined by the administrator in consultation with
the Secretary of Energy, a derivative of one or more of the technologies under
subdivisions 1 through 5 of this definition and any other coal-fired technology
capable of controlling multiple combustion emissions simultaneously with
improved boiler or generation efficiency and with significantly greater waste
reduction relative to the performance of technology in widespread commercial
use as of January 1, 2005.
"Sequential use of energy" means:
1. For a topping-cycle cogeneration unit, the use of reject
heat from electricity production in a useful thermal energy application or
process; or
2. For a bottoming-cycle cogeneration unit, the use of
reject heat from useful thermal energy application or process in electricity
production.
"Serial number" means, for a CAIR NOX
Ozone Season allowance, the unique identification number assigned to each CAIR
NOX Ozone Season allowance by the administrator.
"Solid waste incineration unit" means a
stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired
combustion turbine that is a "solid waste incineration unit" as
defined in § 129(g)(1) of the Clean Air Act.
"Source" means all buildings, structures, or
installations located in one or more contiguous or adjacent properties under
common control of the same person or persons. For purposes of § 502(c) of the
Clean Air Act, 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 9VAC5-80 (Permits for Stationary Sources).
"State operating permit regulations" means the
regulations codified in Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5-80
(Permits for Stationary Sources).
"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" or "service" 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 se seq.) of
Part II of 9VAC5-80 (Permits for Stationary Sources).
"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 9VAC5-80 (Permits for Stationary Sources).
"Ton" means 2,000 pounds. For the purpose of
determining compliance with the CAIR NOX Ozone Season emissions
limitation, total tons of nitrogen oxides emissions for a control period shall
be calculated as the sum of all recorded hourly emissions (or the mass
equivalent of the recorded hourly emission rates) in accordance with Article 8
(9VAC5-140-2700 et seq.) of this part, but with any remaining fraction of a ton
equal to or greater than 0.50 tons deemed to equal one ton and any remaining
fraction of a ton less than 0.50 tons deemed to equal zero tons.
"Topping-cycle cogeneration unit" means a
cogeneration unit in which the energy input to the unit is first used to
produce useful power, including electricity, and at least some of the reject
heat from the electricity production is then used to provide useful thermal
energy.
"Total energy input" means, with regard to a
cogeneration unit, total energy of all forms supplied to the cogeneration unit,
excluding energy produced by the cogeneration unit itself. Each form of energy
supplied shall be measured by the lower heating value of that form of energy
calculated as follows:
LHV = HHV 10.55(W + 9H)
where:
LHV = lower heating value of fuel in Btu/lb.
HHV = higher heating value of fuel in Btu/lb.
W = Weight percent of moisture in fuel.
H = Weight percent of hydrogen in fuel.
"Total energy output" means, with regard to a
cogeneration unit, the sum of useful power and useful thermal energy produced
by the cogeneration unit.
"Unit" means a stationary, fossil-fuel-fired
boiler or combustion turbine or other stationary, fossil-fuel-fired combustion
device.
"Unit operating day" means a calendar day in
which a unit combusts any fuel.
"Unit operating hour" or "hour of unit
operation" means an hour in which a unit combusts any fuel.
"Useful power" means, with regard to a
cogeneration unit, electricity or mechanical energy made available for use,
excluding any such energy used in the power production process (which process
includes, but is not limited to, any on-site processing or treatment of fuel
combusted at the unit and any on-site emission controls).
"Useful thermal energy" means, with regard to a
cogeneration unit, thermal energy that is:
1. Made available to an industrial or commercial process
(not a power production process), excluding any heat contained in condensate
return or makeup water;
2. Used in a heating application (e.g., space heating or
domestic hot water heating); or
3. Used in a space cooling application (i.e., thermal energy
used by an absorption chiller).
"Utility power distribution system" means the
portion of an electricity grid owned or operated by a utility and dedicated to
delivering electricity to customers.
9VAC5-140-2030. Measurements, abbreviations, and acronyms.
(Repealed.)
Measurements, abbreviations, and acronyms used in this part
are defined as follows:
Btu-British thermal unit.
CO2-carbon dioxide.
H2O-water.
Hg-mercury.
hr-hour.
kW-kilowatt electrical.
kWH-kilowatt hour.
lb-pound.
mm Btu-million Btu.
MWe-megawatt electrical.
NOx-nitrogen oxides.
O2-oxygen.
ppm-parts per million.
scfh-standard cubic feet per hour.
SO2-sulfur dioxide.
yr-year.
9VAC5-140-2040. Applicability. (Repealed.)
A. Except as provided in subsection B of this section:
1. The following units shall be CAIR NOX Ozone
Season units, and any source that includes one or more such units shall be a
CAIR NOX Ozone Season source, subject to the requirements of this
article and Article 2 (9VAC5-140-2100 et seq.) through Article 8
(9VAC5-140-2700 et seq.) of this part: any stationary, fossil-fuel-fired boiler
or stationary, fossil-fuel-fired combustion turbine serving at any time, since
the later of November 15, 1990, or the start-up of the unit's combustion
chamber, a generator with nameplate capacity of more than 25 MWe producing
electricity for sale.
2. If a stationary boiler or stationary combustion turbine that,
under subdivision 1 of this subsection, is not a CAIR NOX Ozone
Season unit begins to combust fossil fuel or to serve a generator with
nameplate capacity of more than 25 MWe producing electricity for sale, the unit
shall become a CAIR NOX Ozone Season unit as provided in subdivision
1 of this subsection on the first date on which it both combusts fossil fuel
and serves such generator.
B. The units that meet the requirements set forth in
subdivision 1 a, 2 a, or 2 b of this subsection shall not be CAIR NOX
Ozone Season units:
1. a. Any unit that is a CAIR NOX Ozone Season
unit under subdivision A 1 or 2 of this section:
(1) Qualifying as a cogeneration unit during the 12-month
period starting on the date the unit first produces electricity and continuing
to qualify as a cogeneration unit; and
(2) Not serving at any time, since the later of November
15, 1990, or the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe supplying in any calendar year more than
one-third of the unit's potential electric output capacity or 219,000 MWh,
whichever is greater, to any utility power distribution system for sale.
b. If a unit qualifies as a cogeneration unit during the
12-month period starting on the date the unit first produces electricity and
meets the requirements of subdivision 1 a of this subsection for at least one
calendar year, but subsequently no longer meets all such requirements, the unit
shall become a CAIR NOX Ozone Season unit starting on the earlier of
January 1 after the first calendar year during which the unit first no longer
qualifies as a cogeneration unit or January 1 after the first calendar year
during which the unit no longer meets the requirements of subdivision 1 a (2)
of this subsection.
2. a. Any unit that is a CAIR NOX Ozone Season
unit under subdivision A 1 or 2 of this section commencing operation before
January 1, 1985:
(1) Qualifying as a solid waste incineration unit; and
(2) With an average annual fuel consumption of nonfossil
fuel for 1985-1987 exceeding 80% (on a Btu basis) and an average annual fuel
consumption of nonfossil fuel for any three consecutive calendar years after
1990 exceeding 80% (on a Btu basis).
b. Any unit that is a CAIR NOX Ozone Season unit
under subdivision A 1 or 2 of this section commencing operation on or after
January 1, 1985:
(1) Qualifying as a solid waste incineration unit; and
(2) With an average annual fuel consumption of nonfossil
fuel for the first three calendar years of operation exceeding 80% (on a Btu
basis) and an average annual fuel consumption of nonfossil fuel for any three
consecutive calendar years after 1990 exceeding 80% (on a Btu basis).
c. If a unit qualifies as a solid waste incineration unit
and meets the requirements of subdivision 2 a or b of this subsection for at
least three consecutive calendar years, but subsequently no longer meets all
such requirements, the unit shall become a CAIR NOX Ozone Season
unit starting on the earlier of January 1 after the first calendar year during
which the unit first no longer qualifies as a solid waste incineration unit or
January 1 after the first three consecutive calendar years after 1990 for which
the unit has an average annual fuel consumption of fossil fuel of 20% or more.
C. The following units shall be CAIR NOX Ozone
Season units, and any source that includes one or more such units shall be a
CAIR NOX Ozone Season source, subject to the requirements of this
article and Article 2 (9VAC5-140-2100 et seq.) through Article 8
(9VAC5-140-2700 et seq.) of this part:
1. Units listed in 9VAC5-140-2430.
2. Except for units under subsection A or subdivision C 1 of
this section, the units that meet the requirements set forth in subdivisions a
and b of this subdivision:
a. (1) 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.
(2) 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.
(3) 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.
b. (1) 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.
(2) 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.
(3) 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:
(a) At no time serves a generator producing electricity for
sale under firm contract to the grid; or
(b) At any time serves a generator producing electricity
for sale under firm contract to the grid, 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.
9VAC5-140-2050. Retired unit exemption. (Repealed.)
A. 1. Any CAIR NOX Ozone Season unit that is
permanently retired and is not a CAIR NOX Ozone Season opt-in unit
under Article 9 (9VAC5-140-2800 et seq.) of this part shall be exempt from the
CAIR NOX Ozone Season Trading Program, except for the provisions of
this section, 9VAC5-140-2020, 9VAC5-140-2030, 9VAC5-140-2040, 9VAC5-140-2060 C
4 through 7, 9VAC5-140-2070, 9VAC5-140-2080, and Article 2 (9VAC5-140-2100 et
seq.) and Article 5 (9VAC5-140-2400 et seq.) through Article 7 (9VAC5-140-2600
et seq.) of this part.
2. The exemption under subdivision 1 of this subsection
shall become effective the day on which the CAIR NOX Ozone Season
unit is permanently retired. Within 30 days of the unit's permanent retirement,
the CAIR-designated representative shall submit a statement to the permitting
authority otherwise responsible for administering any CAIR permit for the unit
and shall submit a copy of the statement to the administrator. The statement
shall state, in a format acceptable to the permitting authority, that the unit
was permanently retired on a specific date and will comply with the
requirements of subsection B of this section.
3. After receipt of the statement under subdivision 2 of
this subsection, the permitting authority will amend any permit under Article 3
(9VAC5-140-2200 et seq.) of this part 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 B of this section.
B. Special provisions for exempt units shall be as follows:
1. A unit exempt under subsection A of this section shall
not emit any nitrogen oxides, starting on the date that the exemption takes
effect.
2. The permitting authority will allocate CAIR NOX
Ozone Season allowances under Article 5 (9VAC5-140-2400 et seq.) of this part
to a unit exempt under subsection A of this section.
3. For a period of five years from the date the records are
created, the owners and operators of a unit exempt under subsection A of 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 before 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.
4. The owners and operators and, to the extent applicable,
the CAIR-designated representative of a unit exempt under subsection A of this
section shall comply with the requirements of the CAIR NOX Ozone
Season Trading Program concerning all periods for which the exemption is not in
effect, even if such requirements arise, or shall be complied with, after the
exemption takes effect.
5. A unit exempt under subsection A of 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 CAIR-designated representative of the source submits a complete CAIR permit
application under 9VAC5-140-2220 for the unit not less than 18 months (or such
lesser time provided by the permitting authority) before the later of January
1, 2009, or the date on which the unit resumes operation.
6. On the earlier of the following dates, a unit exempt
under subsection A of this section shall lose its exemption:
a. The date on which the CAIR-designated representative
submits a CAIR permit application for the unit under subdivision 5 of this
subsection;
b. The date on which the CAIR-designated representative is
required under subdivision 5 of this subsection to submit a CAIR permit
application for the unit; or
c. The date on which the unit resumes operation, if the
CAIR-designated representative is not required to submit a CAIR permit
application for the unit.
7. For the purpose of applying monitoring, reporting, and
recordkeeping requirements under Article 8 (9VAC5-140-2700 et seq.) of this
part, a unit that loses its exemption under subsection A of this section shall
be treated as a unit that commences commercial operation on the first date on
which the unit resumes operation.
9VAC5-140-2060. Standard requirements. (Repealed.)
A. Permit requirements shall be as follows:
1. The CAIR-designated representative of each CAIR NOX
Ozone Season source required to have a Title V operating permit and each CAIR
NOX Ozone Season unit required to have a Title V operating permit at
the source shall:
a. Submit to the permitting authority a complete CAIR
permit application under 9VAC5-140-2220 in accordance with the deadlines
specified in 9VAC5-140-2210; and
b. Submit in a timely manner any supplemental information
that the permitting authority determines is necessary in order to review a CAIR
permit application and issue or deny a CAIR permit.
2. The owners and operators of each CAIR NOX
Ozone Season source required to have a Title V operating permit and each CAIR
NOX Ozone Season unit required to have a Title V operating permit at
the source shall have a CAIR permit issued by the permitting authority under
Article 3 (9VAC5-140-2200 et seq.) of this part for the source and operate the
source and the unit in compliance with such CAIR permit.
3. Except as provided in Article 9 (9VAC5-140-2800 et seq.)
of this part, the owners and operators of a CAIR NOX Ozone Season
source that is not otherwise required to have a Title V operating permit and
each CAIR NOX Ozone Season unit that is not otherwise required to
have a Title V operating permit are not required to submit a CAIR permit
application, and to have a CAIR permit, under Article 3 (9VAC5-140-2200 et
seq.) of this part for such CAIR NOX Ozone Season source and such
CAIR NOX Ozone Season unit.
B. Monitoring, reporting, and recordkeeping requirements
shall be performed as follows:
1. The owners and operators, and the CAIR-designated
representative, of each CAIR NOX Ozone Season source and each CAIR
NOX Ozone Season unit at the source shall comply with the
monitoring, reporting, and recordkeeping requirements of Article 8
(9VAC5-140-2700 et seq.) of this part.
2. The emissions measurements recorded and reported in
accordance with Article 8 (9VAC5-140-2700 et seq.) of this part shall be used
to determine compliance by each CAIR NOX Ozone Season source with
the CAIR NOX Ozone Season emissions limitation under subsection C of
this section.
C. Nitrogen oxides ozone season emission requirements shall
be as follows:
1. As of the allowance transfer deadline for a control
period, the owners and operators of each CAIR NOX Ozone Season
source and each CAIR NOX Ozone Season unit at the source shall hold,
in the source's compliance account, CAIR NOX Ozone Season allowances
available for compliance deductions for the control period under 9VAC5-140-2540
A in an amount not less than the tons of total nitrogen oxides emissions for
the control period from all CAIR NOX Ozone Season units at the
source, as determined in accordance with Article 8 (9VAC5-140-2700 et seq.) of
this part.
2. A CAIR NOX Ozone Season unit shall be subject
to the requirements under subdivision 1 of this subsection for the control
period starting on the later of May 1, 2009, or the deadline for meeting the
unit's monitor certification requirements under 9VAC5-140-2700 C 1, 2, 3, or 7
and for each control period thereafter.
3. A CAIR NOX Ozone Season allowance shall not be
deducted, for compliance with the requirements under subdivision 1 of this
subsection, for a control period in a calendar year before the year for which
the CAIR NOX Ozone Season allowance was allocated.
4. CAIR NOX Ozone Season allowances shall be held
in, deducted from, or transferred into or among CAIR NOX Ozone
Season Allowance Tracking System accounts in accordance with Article 5
(9VAC5-140-2400 et seq.), Article 6 (9VAC5-140-2500 et seq.), Article 7
(9VAC5-140-2600 et seq.), and Article 9 (9VAC5-140-2800 et seq.) of this part.
5. A CAIR NOX Ozone Season allowance is a limited
authorization to emit one ton of nitrogen oxides in accordance with the CAIR NOX
Ozone Season Trading Program. No provision of the CAIR NOX Ozone
Season Trading Program, the CAIR permit application, the CAIR permit, or an exemption
under 9VAC5-140-2050 and no provision of law shall be construed to limit the
authority of the state or the United States to terminate or limit such
authorization.
6. A CAIR NOX Ozone Season allowance does not
constitute a property right.
7. Upon recordation by the administrator under Article 5
(9VAC5-140-2400 et seq.), Article 6 (9VAC5-140-2500 et seq.), Article 7
(9VAC5-140-2600 et seq.), or Article 9 (9VAC5-140-2800 et seq.) of this part,
every allocation, transfer, or deduction of a CAIR NOX Ozone Season
allowance to or from a CAIR NOX Ozone Season source's compliance
account is incorporated automatically in any CAIR permit of the source.
D. If a CAIR NOX Ozone Season source emits
nitrogen oxides during any control period in excess of the CAIR NOX
Ozone Season emissions limitation, then:
1. The owners and operators of the source and each CAIR NOX
Ozone Season unit at the source shall surrender the CAIR NOX Ozone
Season allowances required for deduction under 9VAC5-140-2540 D 1 and pay any
fine, penalty, or assessment or comply with any other remedy imposed, for the
same violations, under the Clean Air Act or the Virginia Air Pollution Control
Law; and
2. Each ton of such excess emissions and each day of such
control period shall constitute a separate violation of this article, the Clean
Air Act, and the Virginia Air Pollution Control Law.
E. Recordkeeping and reporting requirements shall be
performed as follows:
1. Unless otherwise provided, the owners and operators of
the CAIR NOX Ozone Season source and each CAIR NOX Ozone
Season 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 before the end of
five years, in writing by the permitting authority or the administrator.
a. The certificate of representation under 9VAC5-140-2130
for the CAIR-designated representative for the source and each CAIR NOX
Ozone Season unit at the source and all documents that demonstrate the truth of
the statements in the certificate of representation; 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 certificate of representation under 9VAC5-140-2130 changing the
CAIR-designated representative.
b. All emissions monitoring information, in accordance with
Article 8 (9VAC5-140-2700 et seq.) of this part, provided that to the extent
that Article 8 (9VAC5-140-2700 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 CAIR NOX
Ozone Season Trading Program.
d. Copies of all documents used to complete a CAIR permit
application and any other submission under the CAIR NOX Ozone Season
Trading Program or to demonstrate compliance with the requirements of the CAIR
NOX Ozone Season Trading Program.
2. The CAIR-designated representative of a CAIR NOX
Ozone Season source and each CAIR NOX Ozone Season unit at the
source shall submit the reports required under the CAIR NOX Ozone
Season Trading Program, including those under Article 8 (9VAC5-140-2700 et
seq.) of this part.
F. Liability shall be assigned as follows:
1. Each CAIR NOX Ozone Season source and each
CAIR NOX Ozone Season unit shall meet the requirements of the CAIR
NOX Ozone Season Trading Program.
2. Any provision of the CAIR NOX Ozone Season
Trading Program that applies to a CAIR NOX Ozone Season source or
the CAIR-designated representative of a CAIR NOX Ozone Season source
shall also apply to the owners and operators of such source and of the CAIR NOX
Ozone Season units at the source.
3. Any provision of the CAIR NOX Ozone Season
Trading Program that applies to a CAIR NOX Ozone Season unit or the
CAIR-designated representative of a CAIR NOX Ozone Season unit shall
also apply to the owners and operators of such unit.
G. No provision of the CAIR NOX Ozone Season
Trading Program, a CAIR permit application, a CAIR permit, or an exemption
under 9VAC5-140-2050 shall be construed as exempting or excluding the owners
and operators, and the CAIR-designated representative, of a CAIR NOX
Ozone Season source or CAIR NOX Ozone Season unit from compliance
with any other provision of the applicable, approved state implementation plan,
a state operating permit, the Virginia Air Pollution Control Law, or the Clean
Air Act.
9VAC5-140-2070. Computation of time. (Repealed.)
A. Unless otherwise stated, any time period scheduled,
under the CAIR NOX Ozone Season 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 CAIR NOX Ozone Season 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 CAIR NOX Ozone Season Trading Program, falls on a
weekend or a state or federal holiday, the time period shall be extended to the
next business day.
9VAC5-140-2080. Appeal procedures. (Repealed.)
The appeal procedures for decisions of the administrator
under the CAIR NOX Ozone Season Trading Program are set forth in 40
CFR Part 78.
Article 2
CAIR-Designated Representative for CAIR NOx Ozone Season Sources
9VAC5-140-2100. Authorization and responsibilities of
CAIR-designated representative. (Repealed.)
A. Except as provided under 9VAC5-140-2110, each CAIR NOX
Ozone Season source, including all CAIR NOX Ozone Season units at
the source, shall have one and only one CAIR-designated representative, with
regard to all matters under the CAIR NOX Ozone Season Trading
Program concerning the source or any CAIR NOX Ozone Season unit at
the source.
B. The CAIR-designated representative of the CAIR NOX
Ozone Season source shall be selected by an agreement binding on the owners and
operators of the source and all CAIR NOX Ozone Season units at the
source and shall act in accordance with the certification statement in
9VAC5-140-2130 A 4 d.
C. Upon receipt by the administrator of a complete
certificate of representation under 9VAC5-140-2130, the CAIR-designated
representative of the source shall represent and, by the CAIR-designated
representative's representations, actions, inactions, or submissions, legally
bind each owner and operator of the CAIR NOX Ozone Season source
represented and each CAIR NOX Ozone Season unit at the source in all
matters pertaining to the CAIR NOX Ozone Season Trading Program,
notwithstanding any agreement between the CAIR-designated representative and
such owners and operators. The owners and operators shall be bound by any
decision or order issued to the CAIR-designated representative by the permitting
authority, the administrator, or a court regarding the source or unit.
D. No CAIR permit will be issued, no emissions data reports
will be accepted, and no CAIR NOX Ozone Season Allowance Tracking
System account will be established for a CAIR NOX Ozone Season unit
at a source, until the administrator has received a complete certificate of
representation under 9VAC5-140-2130 for a CAIR-designated representative of the
source and the CAIR NOX Ozone Season units at the source.
E. 1. Each submission under the CAIR NOX Ozone
Season Trading Program shall be submitted, signed, and certified by the
CAIR-designated representative for each CAIR NOX Ozone Season source
on behalf of which the submission is made. Each such submission shall include
the following certification statement by the CAIR-designated representative:
"I am authorized to make this submission on behalf of the owners and
operators of the source or 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 CAIR NOX
Ozone Season source or a CAIR NOX Ozone Season unit only if the
submission has been made, signed, and certified in accordance with subdivision
1 of this subsection.
9VAC5-140-2110. Alternate CAIR-designated representative.
(Repealed.)
A. A certificate of representation under 9VAC5-140-2130 may
designate one and only one alternate CAIR-designated representative, who may
act on behalf of the CAIR-designated representative. The agreement by which the
alternate CAIR-designated representative is selected shall include a procedure
for authorizing the alternate CAIR-designated representative to act in lieu of
the CAIR-designated representative.
B. Upon receipt by the administrator of a complete
certificate of representation under 9VAC5-140-2130, any representation, action,
inaction, or submission by the alternate CAIR-designated representative shall
be deemed to be a representation, action, inaction, or submission by the
CAIR-designated representative.
C. Except in this section and 9VAC5-140-2020,
9VAC5-140-2100 A and D, 9VAC5-140-2120, 9VAC5-140-2130, 9VAC5-140-2150,
9VAC5-140-2510, and 9VAC5-140-2820 whenever the term "CAIR-designated
representative" is used in this part, the term shall be construed to
include the CAIR-designated representative or any alternate CAIR-designated
representative.
9VAC5-140-2120. Changing CAIR-designated representative and
alternate CAIR-designated representative; changes in owners and operators. (Repealed.)
A. The CAIR-designated representative may be changed at any
time upon receipt by the administrator of a superseding complete certificate of
representation under 9VAC5-140-2130. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous
CAIR-designated representative before the time and date when the administrator
receives the superseding certificate of representation shall be binding on the
new CAIR-designated representative and the owners and operators of the CAIR NOX
Ozone Season source and the CAIR NOX Ozone Season units at the
source.
B. The alternate CAIR-designated representative may be
changed at any time upon receipt by the administrator of a superseding complete
certificate of representation under 9VAC5-140-2130. Notwithstanding any such
change, all representations, actions, inactions, and submissions by the
previous alternate CAIR-designated representative before the time and date when
the administrator receives the superseding certificate of representation shall
be binding on the new alternate CAIR-designated representative and the owners
and operators of the CAIR NOX Ozone Season source and the CAIR NOX
Ozone Season units at the source.
C. Changes in owners and operators shall be established as
follows:
1. In the event an owner or operator of a CAIR NOX
Ozone Season source or a CAIR NOX Ozone Season unit is not included
in the list of owners and operators in the certificate of representation under
9VAC5-140-2130, such owner or operator shall be deemed to be subject to and
bound by the certificate of representation, the representations, actions,
inactions, and submissions of the CAIR-designated representative and any
alternate CAIR-designated representative of the source or unit, and the
decisions and orders of the permitting authority, the administrator, or a court,
as if the owner or operator were included in such list.
2. Within 30 days following any change in the owners and
operators of a CAIR NOX Ozone Season source or a CAIR NOX
Ozone Season unit, including the addition of a new owner or operator, the CAIR-designated
representative or any alternate CAIR-designated representative shall submit a
revision to the certificate of representation under 9VAC5-140-2130 amending the
list of owners and operators to include the change.
9VAC5-140-2130. Certificate of representation. (Repealed.)
A. A complete certificate of representation for a
CAIR-designated representative or an alternate CAIR-designated representative
shall include the following elements in a format prescribed by the administrator:
1. Identification of the CAIR NOX Ozone Season
source, and each CAIR NOX Ozone Season unit at the source, for which
the certificate of representation is submitted, including identification and
nameplate capacity of each generator served by each such unit.
2. The name, address, email address (if any), telephone
number, and facsimile transmission number (if any) of the CAIR-designated
representative and any alternate CAIR-designated representative.
3. A list of the owners and operators of the CAIR NOX
Ozone Season source and of each CAIR NOX Ozone Season unit at the
source.
4. The following certification statements by the
CAIR-designated representative and any alternate CAIR-designated
representative:
a. "I certify that I was selected as the
CAIR-designated representative or alternate CAIR-designated representative, as
applicable, by an agreement binding on the owners and operators of the source
and each CAIR NOX Ozone Season unit at the source."
b. "I certify that I have all the necessary authority
to carry out my duties and responsibilities under the CAIR NOX Ozone
Season Trading Program on behalf of the owners and operators of the source and
of each CAIR NOX Ozone Season unit at the source and that each such
owner and operator shall be fully bound by my representations, actions,
inactions, or submissions."
c. "I certify that the owners and operators of the
source and of each CAIR NOX Ozone Season unit at the source shall be
bound by any order issued to me by the administrator, the permitting authority,
or a court regarding the source or unit."
d. "Where there are multiple holders of a legal or
equitable title to, or a leasehold interest in, a CAIR NOX Ozone
Season unit, or where a utility or industrial customer purchases power from a
CAIR NOX Ozone Season unit under a life-of-the-unit, firm power
contractual arrangement, I certify that: I have given a written notice of my
selection as the %31CAIR-designated representative' or %31alternate
CAIR-designated representative,' as applicable, and of the agreement by which I
was selected to each owner and operator of the source and of each CAIR NOX
Ozone Season unit at the source; and CAIR NOX Ozone Season
allowances and proceeds of transactions involving CAIR NOX Ozone
Season allowances will be deemed to be held or distributed in proportion to
each holder's legal, equitable, leasehold, or contractual reservation or
entitlement, except that, if such multiple holders have expressly provided for
a different distribution of CAIR NOX Ozone Season allowances by
contract, CAIR NOX Ozone Season allowances and proceeds of
transactions involving CAIR NOX Ozone Season allowances will be
deemed to be held or distributed in accordance with the contract."
5. The signature of the CAIR-designated representative and
any alternate CAIR-designated representative and the dates signed.
B. Unless otherwise required by the permitting authority or
the administrator, documents of agreement referred to in the 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.
9VAC5-140-2140. Objections concerning CAIR-designated
representative. (Repealed.)
A. Once a complete certificate of representation under
9VAC5-140-2130 has been submitted and received, the permitting authority and
the administrator will rely on the certificate of representation unless and
until a superseding complete certificate of representation under 9VAC5-140-2130
is received by the administrator.
B. Except as provided in 9VAC5-140-2120 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 CAIR-designated representative shall affect any
representation, action, inaction, or submission of the CAIR-designated
representative or the finality of any decision or order by the permitting
authority or the administrator under the CAIR NOX Ozone Season
Trading Program.
C. Neither the permitting authority nor the administrator
will adjudicate any private legal dispute concerning the authorization or any
representation, action, inaction, or submission of any CAIR-designated
representative, including private legal disputes concerning the proceeds of
CAIR NOX Ozone Season allowance transfers.
9VAC5-140-2150. Delegation by CAIR-designated representative
and alternate CAIR-designated representative. (Repealed.)
A. A CAIR-designated representative may delegate to one or more
natural persons his authority to make an electronic submission to the
administrator provided for or required under this part.
B. An alternate CAIR-designated representative may delegate
to one or more natural persons his authority to make an electronic submission
to the administrator provided for or required under this part.
C. In order to delegate authority to make an electronic
submission to the administrator in accordance with subsection A or B of this
section, the CAIR-designated representative or alternate CAIR-designated
representative, as appropriate, must submit to the administrator a notice of
delegation, in a format prescribed by the administrator, that includes the
following elements:
1. The name, address, email address, telephone number, and
facsimile transmission number (if any) of such CAIR-designated representative
or alternate CAIR-designated representative;
2. The name, address, email address, telephone number, and
facsimile transmission number (if any) of each such natural person (referred to
as an "agent");
3. For each such natural person, a list of the type or types
of electronic submissions under subsection A or B of this section for which
authority is delegated to him; and
4. The following certification statements by such CAIR-designated
representative or alternate CAIR-designated representative:
a. "I agree that any electronic submission to the
administrator that is by an agent identified in this notice of delegation and
of a type listed for such agent in this notice of delegation and that is made
when I am a CAIR-designated representative or alternate CAIR-designated
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 9VAC5-140-2150 D shall be
deemed to be an electronic submission by me."
b. "Until this notice of delegation is superseded by
another notice of delegation under 9VAC5-140-2150 D, I agree to maintain an
email account and to notify the administrator immediately of any change in my
email address unless all delegation of authority by me under 9VAC5-140-2150 is
terminated."
D. A notice of delegation submitted under subsection C of
this section shall be effective, with regard to the CAIR-designated
representative or alternate CAIR-designated representative identified in such
notice, upon receipt of such notice by the administrator and until receipt by
the administrator of a superseding notice of delegation submitted by such
CAIR-designated representative or alternate CAIR-designated representative, as
appropriate. The superseding notice of delegation may replace any previously
identified agent, add a new agent, or eliminate entirely any delegation of
authority.
E. Any electronic submission covered by the certification
in subdivision C 4 a of this section and made in accordance with a notice of
delegation effective under subsection D of this section shall be deemed to be
an electronic submission by the CAIR-designated representative or alternate
CAIR-designated representative submitting such notice of delegation.
Article 3
Permits
9VAC5-140-2200. General CAIR NOX Ozone Season
Trading Program permit requirements. (Repealed.)
A. For each CAIR NOX Ozone Season source
required to have a Title V operating permit or required, under Article 9
(9VAC5-140-2800 et seq.) of this part, to have a Title V operating permit or
other state operating permit, such permit shall include a CAIR permit
administered by the permitting authority for the Title V operating permit or
the state operating permit as applicable. The CAIR portion of the Title V
permit or state operating permit as applicable shall be administered in
accordance with the permitting authority's Title V operating permit regulations
or regulations for state operating permits as applicable, except as provided otherwise
by 9VAC5-140-2050, this article, and Article 9 (9VAC5-140-2800 et seq.) of this
part.
B. Each CAIR permit shall contain, with regard to the CAIR
NOX Ozone Season source and the CAIR NOX Ozone Season
units at the source covered by the CAIR permit, all applicable CAIR NOX
Ozone Season Trading Program, CAIR NOX Annual Trading Program, and
CAIR SO2 Trading Program requirements and shall be a complete and
separable portion of the Title V operating permit or other state operating
permit under subsection A of this section.
9VAC5-140-2210. Submission of CAIR permit applications. (Repealed.)
A. The CAIR-designated representative of any CAIR NOX
Ozone Season source required to have a Title V operating permit shall submit to
the permitting authority a complete CAIR permit application under
9VAC5-140-2220 for the source covering each CAIR NOX Ozone Season
unit at the source at least 18 months (or such lesser time provided by the
permitting authority) before the later of January 1, 2009, or the date on which
the CAIR NOX Ozone Season unit commences commercial operation,
except as provided in 9VAC5-140-2830 A.
B. For a CAIR NOX Ozone Season source required
to have a Title V operating permit, the CAIR-designated representative shall submit
a complete CAIR permit application under 9VAC5-140-2220 for the source covering
each CAIR NOX Ozone Season unit at the source to renew the CAIR
permit in accordance with the permitting authority's Title V operating permit
regulations addressing permit renewal, except as provided in 9VAC5-140-2830 B.
9VAC5-140-2220. Information requirements for CAIR permit
applications. (Repealed.)
A complete CAIR permit application shall include the
following elements concerning the CAIR NOX Ozone Season source for which
the application is submitted, in a format acceptable to the permitting
authority:
1. Identification of the CAIR NOX Ozone Season
source;
2. Identification of each CAIR NOX Ozone Season
unit at the CAIR NOX Ozone Season source; and
3. The standard requirements under 9VAC5-140-2060.
9VAC5-140-2230. CAIR permit contents and term. (Repealed.)
A. Each CAIR permit will contain, in a format acceptable to
the permitting authority, all elements required for a complete CAIR permit
application under 9VAC5-140-2220.
B. Each CAIR permit is deemed to incorporate automatically
the definitions of terms under 9VAC5-140-2020 and, upon recordation by the
administrator under Article 6 (9VAC5-140-2500 et seq.), Article 7
(9VAC5-140-2600 et seq.), or Article 9 (9VAC5-140-2800 et seq.) of this part,
every allocation, transfer, or deduction of a CAIR NOX Ozone Season
allowance to or from the compliance account of the CAIR NOX Ozone
Season source covered by the permit.
C. The term of the CAIR permit will be set by the
permitting authority, as necessary to facilitate coordination of the renewal of
the CAIR permit with issuance, revision, or renewal of the CAIR NOX
Ozone Season source's Title V operating permit or state operating permit as
applicable.
9VAC5-140-2240. CAIR permit revisions. (Repealed.)
Except as provided in 9VAC5-140-2230 B, the permitting
authority will revise the CAIR permit, as necessary, in accordance with the permitting
authority's Title V operating permit regulations or the permitting authority's
regulations for state operating permits as applicable addressing permit
revisions.
Article 4
[Reserved]
9VAC5-140-2300. (Reserved) (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.
Article 5
CAIR NOx Ozone Season Allowance Allocations
9VAC5-140-2400. CAIR NOX Ozone Season trading
budgets. (Repealed.)
A. The CAIR NOX Ozone Season trading budgets for
annual allocations of CAIR NOX ozone season allowances apportioned
to all CAIR NOX Ozone Season units, except for units under
9VAC5-140-2040 C 1, and energy efficiency units and renewable energy units for
the control periods are as follows:
1. For use in each control period in 2009 through 2014, the
total number of NOX tons is 15,994.
2. For use in each control period in 2015 and thereafter,
the total number of NOX tons is 13,328.
B. The amount of CAIR NOX Ozone Season
allowances in the CAIR NOX Ozone Season trading budget for a control
period in a calendar year set forth in subsection A of this section shall not
include the amount of CAIR NOX Ozone Season allowances allocated
under 9VAC5-140-2405 for the year.
9VAC5-140-2405. State trading budgets for nonelectric
generating units. (Repealed.)
The state trading budgets for annual allocations of CAIR NOX
ozone season allowances for the control periods are as follows:
1. For use in each control period in 2009 and thereafter,
the total number of NOX tons apportioned to all CAIR NOX
Ozone Season units under 9VAC5-140-2040 C 1 is 3,104.
2. For use in the new unit set-aside budget for each control
period in 2009 and thereafter, the total number of NOX tons
apportioned to all CAIR NOX Ozone Season units is 736.
9VAC5-140-2410. Timing requirements for CAIR NOX
Ozone Season allowance allocations. (Repealed.)
A. By October 31, 2006, the permitting authority will
submit to the administrator the CAIR NOX Ozone Season allowance
allocations, in a format prescribed by the administrator and in accordance with
9VAC5-140-2420 A and C and 9VAC5-140-2430, for the control periods in 2009,
2010, 2011, 2012, and 2013.
B. By October 31, 2009, and October 31 of each year
thereafter, the permitting authority will submit to the administrator the CAIR
NOX Ozone Season allowance allocations, in a format prescribed by
the administrator and in accordance with 9VAC5-140-2420 A and C and
9VAC5-140-2430, for the control period in the fifth year after the year of the
applicable deadline for submission under this subsection.
C. By July 31, 2009, the permitting authority will submit
to the administrator the CAIR NOX Ozone Season allowance
allocations, in a format prescribed by the administrator and in accordance with
9VAC5-140-2420 A, B, D, and F, for the control periods in 2009, 2010, 2011,
2012, and 2013.
D. By July 31, 2014, and July 31 of each year thereafter,
the permitting authority will submit to the administrator the CAIR NOX
Ozone Season allowance allocations, in a format prescribed by the administrator
and in accordance with 9VAC5-140-2420 A, B, E, and F, for the control period in
the year of the applicable deadline for submission under this subsection.
9VAC5-140-2420. CAIR NOX Ozone Season allowance
allocations. (Repealed.)
A. 1. The baseline heat input (in mmBtu) used with respect
to CAIR NOX Ozone Season allowance allocations under subsection C of
this section for each CAIR NOX Ozone Season unit under
9VAC5-140-2040 A will be:
a. For units commencing operation before January 1, 2006,
the average of the three highest amounts of the unit's control period heat
input for the five years prior to the allocation year. For units operating each
calendar year during a period of at least one but less than five consecutive
calendar years, one year or, where available, the average of the two highest
amounts of the unit's control period heat input over the consecutive years of
operation.
b. For units commencing operation on or after January 1,
2006:
(1) For units operating each calendar year during a period
of five or more consecutive calendar years, the average of the three highest
amounts of the unit's total converted control period heat input over the most
recent five years prior to the allocation year.
(2) For units operating each calendar year during a period
of at least three but less than five consecutive calendar years, the average of
the three highest amounts of the unit's total converted control period heat
input over the consecutive years of operation.
(3) For units operating each calendar year during a period
of at least one but less than five consecutive calendar years, one year or,
where available, the average of the two highest amounts of the unit's control
period heat input over the consecutive years of operation.
2. a. A unit's control period heat input for a calendar year
under subdivision 1 a of this subsection, and a unit's total tons of NOX
emissions during a control period in a calendar year under subdivisions D 3 and
E 3 of this section, will be determined in accordance with 40 CFR Part 75, to
the extent the unit was otherwise subject to the requirements of 40 CFR Part 75
for the year, or will be based on the best available data reported to the
permitting authority for the unit, to the extent the unit was not otherwise
subject to the requirements of 40 CFR Part 75 for the year.
b. A unit's converted control period heat input for a
calendar year specified under subdivision 1 b of this subsection equals:
(1) Except as provided in subdivision (2) of this
subdivision, the control period gross electrical output of the generator or
generators served by the unit multiplied by 7,900 Btu/kWh and divided by
1,000,000 Btu/mmBtu, provided that if a generator is served by two or more
units, then the gross electrical output of the generator will be attributed to
each unit in proportion to the unit's share of the total control period heat
input of such units for the year;
(2) For a unit that has equipment used to produce
electricity and useful thermal energy for industrial, commercial, heating, or
cooling purposes through the sequential use of energy, the control period gross
electrical output of the unit multiplied by 7,900 Btu/kWh, plus the useful
thermal energy (in Btu) produced during the control period, divided by 0.8, and
with the sum divided by 1,000,000 Btu/mmBtu.
B. 1. The baseline heat input (in mmBtu) used with respect
to CAIR NOX Ozone Season allowance allocations under subsection C of
this section for each CAIR NOX Ozone Season unit under
9VAC5-140-2040 C 2 will be:
a. For units operating each calendar year during a period
of five or more consecutive calendar years, the average of the three highest
amounts of the unit's total control period heat input over the most recent five
years prior to the allocation year.
b. For units operating each calendar year during a period
of at least three but less than five consecutive calendar years, the average of
the three highest amounts of the unit's total control period heat input over
the consecutive years of operation.
2. A unit's control period heat input for a calendar year
under subdivision 1 of this subsection, and a unit's total tons of NOX
emissions during a control period in a calendar year under subdivisions D 3 and
E 3 of this section, will be determined in accordance with 40 CFR Part 75, to
the extent the unit was otherwise subject to the requirements of 40 CFR Part 75
for the year, or will be based on the best available data reported to the
permitting authority for the unit, to the extent the unit was not otherwise
subject to the requirements of 40 CFR Part 75 for the year.
C. 1. For each control period in 2009 and thereafter, the
permitting authority will allocate to all CAIR NOX Ozone Season
units that have a baseline heat input (as determined under subsections A and B
of this section) a total amount of CAIR NOX Ozone Season allowances
equal to the core trading CAIR NOX Ozone Season core trading budget
(except as provided in subsection F of this section).
2. The permitting authority will allocate CAIR NOX
Ozone Season allowances to each CAIR NOX Ozone Season unit under
subdivision 1 of this subsection in an amount determined by multiplying the
total amount of CAIR NOX Ozone Season allowances allocated under
subdivision 1 of this subsection by the ratio of the baseline heat input of
such CAIR NOX Ozone Season unit to the total amount of baseline heat
input of all such CAIR NOX Ozone Season units and rounding to the
nearest whole allowance as appropriate.
D. For each control period in 2009 through 2013, the
permitting authority will allocate CAIR NOX Ozone Season allowances
to CAIR NOX Ozone Season units that are not allocated CAIR NOX allowances
under subsection C of this section because the units do not yet have a baseline
heat input under subsections A and B of this section or because the units have
a baseline heat input but all CAIR NOX allowances under subsection C
of this section for the control period are already allocated, in accordance
with the following procedures:
1. The permitting authority will establish a separate new
unit set aside for each control period. Each new unit set aside will be
allocated CAIR NOX Ozone Season allowances equal to the new unit
set-aside budget.
2. The CAIR-designated representative of such a CAIR NOX
Ozone Season unit may submit to the permitting authority a request, in a format
acceptable to the permitting authority, to be allocated CAIR NOX
Ozone Season allowances, for each control period in 2009 through 2013. The CAIR
NOX Ozone Season allowance allocation request shall be submitted on
or before February 1, 2009, and after the date on which the CAIR NOX
Ozone Season unit commences commercial operation.
3. In a CAIR NOX Ozone Season allowance
allocation request under subdivision 2 of this subsection, the CAIR-designated
representative may request for a control period CAIR NOX Ozone
Season allowances in an amount not exceeding the CAIR NOX Ozone
Season unit's total tons of NOX emissions during the control period
immediately before such control period.
4. The permitting authority will review each CAIR NOX
Ozone Season allowance allocation request under subdivision 2 of this
subsection and will allocate CAIR NOX Ozone Season allowances for
each control period pursuant to such request as follows:
a. The permitting authority will accept an allowance
allocation request only if the request meets, or is adjusted by the permitting
authority as necessary to meet, the requirements of subdivisions 2 and 3 of
this subsection.
b. On or after February 1, 2009, the permitting authority
will determine the sum of the CAIR NOX Ozone Season allowances
requested (as adjusted under subdivision a of this subdivision) in all
allowance allocation requests accepted under subdivision a of this subdivision
for the control period.
c. If the amount of CAIR NOX Ozone Season
allowances in the new unit set aside for the control period is greater than or
equal to the sum under subdivision b of this subdivision, then the permitting
authority will allocate the amount of CAIR NOX Ozone Season
allowances requested (as adjusted under subdivision a of this subdivision) to
each CAIR NOX Ozone Season unit covered by an allowance allocation
request accepted under subdivision a of this subdivision.
d. If the amount of CAIR NOX Ozone Season
allowances in the new unit set aside for the control period is less than the
sum under subdivision b of this subdivision, then the permitting authority will
allocate to each CAIR NOX Ozone Season unit covered by an allowance
allocation request accepted under subdivision a of this subdivision the amount
of the CAIR NOX Ozone Season allowances requested (as adjusted under
subdivision a of this subdivision), multiplied by the amount of CAIR NOX
Ozone Season allowances in the new unit set aside for the control period,
divided by the sum determined under subdivision b of this subdivision, and
rounded to the nearest whole allowance as appropriate.
e. The permitting authority will notify each CAIR-designated
representative that submitted an allowance allocation request of the amount of
CAIR NOX Ozone Season allowances (if any) allocated for the control
period to the CAIR NOX Ozone Season unit covered by the request.
E. For each control period in 2014 and thereafter, the
permitting authority will allocate CAIR NOX Ozone Season allowances
to CAIR NOX Ozone Season units that are not allocated CAIR NOX
allowances under subsection C of this section because the units do not yet have
a baseline heat input under subsections A and B of this section or because the
units have a baseline heat input but all CAIR NOX allowances under
subsection C of this section for the control period are already allocated, in
accordance with the following procedures:
1. The permitting authority will establish a separate new
unit set aside for each control period. Each new unit set aside will be
allocated CAIR NOX Ozone Season allowances equal to the new unit
set-aside budget.
2. The CAIR-designated representative of such a CAIR NOX
Ozone Season unit may submit to the permitting authority a request, in a format
acceptable to the permitting authority, to be allocated CAIR NOX
Ozone Season allowances, starting with the later of the control period in 2014
or the first control period after the control period in which the CAIR NOX
Ozone Season unit commences commercial operation and until the first control
period for which the unit is allocated CAIR NOX Ozone Season
allowances under subsection B of this section. A separate CAIR NOX
Ozone Season allowance allocation request for each control period for which
CAIR NOX Ozone Season allowances are sought must be submitted on or
before February 1 before such control period and after the date on which the
CAIR NOX Ozone Season unit commences commercial operation.
3. In a CAIR NOX Ozone Season allowance
allocation request under subdivision 2 of this subsection, the CAIR-designated
representative may request for a control period CAIR NOX Ozone Season
allowances in an amount not exceeding the CAIR NOX Ozone Season
unit's total tons of NOX emissions during the control period
immediately before such control period.
4. The permitting authority will review each CAIR NOX
Ozone Season allowance allocation request under subdivision 2 of this
subsection and will allocate CAIR NOX Ozone Season allowances for
each control period pursuant to such request as follows:
a. The permitting authority will accept an allowance
allocation request only if the request meets, or is adjusted by the permitting
authority as necessary to meet, the requirements of subdivisions 2 and 3 of
this subsection.
b. On or after February 1 before the control period, the
permitting authority will determine the sum of the CAIR NOX Ozone
Season allowances requested (as adjusted under subdivision a of this
subdivision) in all allowance allocation requests accepted under subdivision a
of this subdivision for the control period.
c. If the amount of CAIR NOX Ozone Season
allowances in the new unit set aside for the control period is greater than or
equal to the sum under subdivision b of this subdivision, then the permitting
authority will allocate the amount of CAIR NOX Ozone Season
allowances requested (as adjusted under subdivision a of this subdivision) to
each CAIR NOX Ozone Season unit covered by an allowance allocation
request accepted under subdivision a of this subdivision.
d. If the amount of CAIR NOX Ozone Season allowances
in the new unit set aside for the control period is less than the sum under
subdivision b of this subdivision, then the permitting authority will allocate
to each CAIR NOX Ozone Season unit covered by an allowance
allocation request accepted under subdivision a of this subdivision the amount
of the CAIR NOX Ozone Season allowances requested (as adjusted under
subdivision a of this subdivision), multiplied by the amount of CAIR NOX
Ozone Season allowances in the new unit set aside for the control period,
divided by the sum determined under subdivision b of this subdivision, and
rounded to the nearest whole allowance as appropriate.
e. The permitting authority will notify each
CAIR-designated representative that submitted an allowance allocation request
of the amount of CAIR NOX Ozone Season allowances (if any) allocated
for the control period to the CAIR NOX Ozone Season unit covered by
the request.
F. If, after completion of the procedures under subdivision
D 4 or E 4 of this section for a control period, any unallocated CAIR NOX
Ozone Season allowances remain in the new unit set aside for the control
period, the permitting authority will allocate to each CAIR NOX
Ozone Season unit that was allocated CAIR NOX Ozone Season
allowances under subsection C of this section an amount of CAIR NOX
Ozone Season allowances equal to the total amount of such remaining unallocated
CAIR NOX Ozone Season allowances, multiplied by the unit's
allocation under subsection C of this section, divided by the CAIR NOX
Ozone Season core trading budget, and rounded to the nearest whole allowance as
appropriate.
G. For each control period in 2009 and thereafter, the
permitting authority will allocate CAIR NOX Ozone Season allowances
not to exceed the new energy efficiency/renewal energy unit set-aside budget to
qualifying energy efficiency units and renewable energy units in accordance
with the following procedures:
1. The EERE proponent of an energy efficiency unit or a
renewable energy unit may submit to the permitting authority a request, in a
format acceptable to the permitting authority, to be allocated CAIR NOX Ozone
Season allowances, starting with the later of the control period in 2009 or the
first control period after the control period in which the energy efficiency
unit is implemented or the renewable energy unit commences commercial
operation. The CAIR NOX Ozone Season allowance allocation request
must be submitted on or before April 1 of each control period for which the
CAIR NOX Ozone Season allowances are requested and after the date on
which the energy efficiency unit is implemented or the renewable energy unit
commences commercial operation.
2. EERE proponents may submit an application that aggregates
two or more energy efficiency units or renewable energy units. The permitting
authority will not allocate CAIR NOX Ozone Season allowances for
energy efficiency units or renewable energy units totaling less than one whole
allowance or any fraction thereof. If more than one proponent submits an
application for allowances for the same energy efficiency unit or renewable
energy unit for the same calendar year, the permitting authority, at its
discretion, may refuse to accept the applications.
3. In a CAIR NOX Ozone Season allowance
allocation request under subdivisions 1 and 2 of this subsection, the EERE
proponent may request for a control period CAIR NOX Ozone Season
allowances in an amount not exceeding:
a. For a renewable energy unit, the control period gross
electrical output of the facility during the calendar year immediately before
such control period multiplied by 1.5 lb/MWh for the years 2009-2014, or 1.25
lb/MWh for 2015 and thereafter and divided by 2000 and rounded to nearest whole
allowance as appropriate.
b. For an energy efficiency unit, the control period
verified reduction in electricity consumption during the calendar year
immediately before such control period multiplied by 1.5 lb/MWh for the years
2009-2013, or 1.25 lb/MWh for 2014 and thereafter and divided by 2000 and
rounded to the nearest whole allowance as appropriate.
4. The permitting authority will review each CAIR NOX Ozone
Season allowance allocation request under subdivisions 1 and 2 of this
subsection and will allocate CAIR NOX Ozone Season allowances for
each control period pursuant to such request as follows:
a. The permitting authority will accept an allowance
allocation request only if the request meets, or is adjusted by the permitting
authority as necessary to meet, the requirements of subdivisions 1, 2 and 3 of
this subsection.
b. On or after July 1 of the control period, the permitting
authority will determine the sum of the CAIR NOX Ozone Season
allowances requested (as adjusted under subdivision a of this subdivision) in
all allowance allocation requests accepted under subdivision a of this
subdivision for the control period.
c. If the amount of CAIR NOX Ozone Season
allowances in the energy efficiency/renewable set-aside budget for the control
period is greater than or equal to the sum under subdivision b of this
subdivision, the permitting authority will allocate the amount of CAIR NOX
Ozone Season allowances requested (as adjusted under subdivision a of
this subdivision) to each energy efficiency unit or renewable energy unit
covered by an allowance allocation request accepted under subdivision a of this
subdivision.
d. If the amount of CAIR NOX Ozone Season
allowances in the energy efficiency/renewable set-aside budget for the control
period is less than the sum under subdivision b of this subdivision, the
permitting authority will allocate to each energy efficiency unit or renewable
energy unit covered by an allowance allocation request accepted under
subdivision a of this subdivision the amount of the CAIR NOX Ozone
Season allowances requested (as adjusted under subdivision a of this
subdivision), multiplied by the amount of CAIR NOX Ozone Season
allowances in the energy efficiency/renewable unit set-aside budget for the
control period, divided by the sum determined under subdivision b of this
subdivision, and rounded to the nearest whole allowance as appropriate.
5. By July 31, 2009, and July 31 of each year thereafter,
the permitting authority will notify each EERE proponent that submitted an
allowance allocation request under subdivisions 1 and 2 of this subsection of the
amount of CAIR NOX Ozone Season allowances (if any) allocated under
subdivision 4 of this subsection for the control period to the energy
efficiency unit or renewable energy unit covered by the request.
6. If, after completion of the procedures under subdivisions
4 and 5 of this subsection for a control period, any unallocated CAIR NOX Ozone
Season allowances have remained in the new energy efficiency/renewable
set-aside budget for more than three control periods, the permitting authority
will permanently retire those allowances, and they will not be available for
compliance for any CAIR NOX Ozone Season unit.
7. The permitting authority will not submit to the
administrator the CAIR NOX Ozone Season allowance allocations under
subdivision 4 of this subsection.
8. CAIR NOX Ozone Season allowances allocated
under subdivision 4 of this subsection (i) shall be retired permanently by the
EERE proponent making the request under subdivision 2 of this subsection, (ii)
shall not be considered valid or capable of being lawfully traded under the
CAIR NOX Ozone Season Trading Program, and (iii) shall not be
available for compliance for any CAIR NOX Ozone Season unit.
H. For each control period in 2009 and thereafter, the permitting
authority will establish an annual voluntary public health set-aside. Any
allowances contributed to the public health set-aside will be permanently
retired and will not be available for compliance for any affected unit.
9VAC5-140-2430. CAIR NOX Ozone Season allowance
allocations for individual existing nonelectric generating units. (Repealed.)
For use in each control period for the year 2009 and each
year thereafter, the number of NOX tons apportioned to each CAIR NOX
Ozone Season unit under 9VAC5-140-2040 C 1 is as follows:
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Article 6
CAIR NOx Ozone Season Allowance Tracking System
9VAC5-140-2500. (Reserved) (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.
9VAC5-140-2510. Establishment of accounts. (Repealed.)
A. Except as provided in subdivision 5 of 9VAC5-140-2840,
upon receipt of a complete certificate of representation under 9VAC5-140-2130,
the administrator will establish a compliance account for the CAIR NOX
Ozone Season source for which the certificate of representation was submitted,
unless the source already has a compliance account.
B. General accounts shall be established as follows:
1. Applications for general accounts shall be submitted as
follows:
a. Any person may apply to open a general account for the
purpose of holding and transferring CAIR NOX Ozone Season
allowances. An application for a general account may designate one and only one
CAIR-authorized account representative and one and only one alternate
CAIR-authorized account representative who may act on behalf of the
CAIR-authorized account representative. The agreement by which the alternate
CAIR-authorized account representative is selected shall include a procedure
for authorizing the alternate CAIR-authorized account representative to act in
lieu of the CAIR-authorized account representative.
b. 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:
(1) Name, mailing address, email address (if any),
telephone number, and facsimile transmission number (if any) of the
CAIR-authorized account representative and any alternate CAIR-authorized
account representative;
(2) Organization name and type of organization, if
applicable;
(3) A list of all persons subject to a binding agreement
for the CAIR-authorized account representative and any alternate
CAIR-authorized account representative to represent their ownership interest
with respect to the CAIR NOX Ozone Season allowances held in the
general account;
(4) The following certification statement by the
CAIR-authorized account representative and any alternate CAIR-authorized
account representative: "I certify that I was selected as the
CAIR-authorized account representative or the alternate CAIR-authorized account
representative, as applicable, by an agreement that is binding on all persons
who have an ownership interest with respect to CAIR NOX Ozone Season
allowances held in the general account. I certify that I have all the necessary
authority to carry out my duties and responsibilities under the CAIR NOX
Ozone Season 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."
(5) The signature of the CAIR-authorized account representative
and any alternate CAIR-authorized account representative and the dates signed.
c. Unless otherwise required by the permitting authority or
the administrator, documents of agreement referred to in the application for a
general account 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. Authorization of a CAIR-authorized account representative
and alternate CAIR-authorized account representative shall be established as
follows:
a. Upon receipt by the administrator of a complete
application for a general account under subdivision 1 of this subsection:
(1) The administrator will establish a general account for
the person or persons for whom the application is submitted.
(2) The CAIR-authorized account representative and any
alternate CAIR-authorized account representative for the general account shall
represent and, by such persons' representations, actions, inactions, or
submissions, legally bind each person who has an ownership interest with
respect to CAIR NOX Ozone Season allowances held in the general
account in all matters pertaining to the CAIR NOX Ozone Season
Trading Program, notwithstanding any agreement between the CAIR-authorized
account representative or any alternate CAIR-authorized account representative
and such person. Any such person shall be bound by any order or decision issued
to the CAIR-authorized account representative or any alternate CAIR-authorized
account representative by the administrator or a court regarding the general
account.
(3) Any representation, action, inaction, or submission by
any alternate CAIR-authorized account representative shall be deemed to be a
representation, action, inaction, or submission by the CAIR-authorized account
representative.
b. Each submission concerning the general account shall be
submitted, signed, and certified by the CAIR-authorized account representative
or any alternate CAIR-authorized account representative for the persons having
an ownership interest with respect to CAIR NOX Ozone Season
allowances held in the general account. Each such submission shall include the
following certification statement by the CAIR-authorized account representative
or any alternate CAIR-authorized account representative: "I am authorized
to make this submission on behalf of the persons having an ownership interest
with respect to the CAIR NOX Ozone Season 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."
c. 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 b of this subdivision.
3. Changing the CAIR-authorized account representative and
alternate CAIR-authorized account representative and changes in persons with
ownership interest shall be accomplished as follows:
a. The CAIR-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 CAIR-authorized account
representative before the time and date when the administrator receives the
superseding application for a general account shall be binding on the new
CAIR-authorized account representative and the persons with an ownership
interest with respect to the CAIR NOX Ozone Season allowances in the
general account.
b. The alternate CAIR-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 CAIR-authorized
account representative before the time and date when the administrator receives
the superseding application for a general account shall be binding on the new
alternate CAIR-authorized account representative and the persons with an
ownership interest with respect to the CAIR NOX Ozone Season
allowances in the general account.
c. (1) In the event a person having an ownership interest
with respect to CAIR NOX Ozone Season allowances in the general
account is not included in the list of such persons in the application for a
general account, such person shall be deemed to be subject to and bound by the
application for a general account, the representation, actions, inactions, and
submissions of the CAIR-authorized account representative and any alternate
CAIR-authorized account representative of the account, and the decisions and
orders of the administrator or a court, as if the person were included in such
list.
(2) Within 30 days following any change in the persons
having an ownership interest with respect to CAIR NOX Ozone Season
allowances in the general account, including the addition of a new person, the
CAIR-authorized account representative or any alternate CAIR-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
CAIR NOX Ozone Season allowances in the general account to include
the change.
4. Objections concerning the CAIR-authorized account
representative and alternate CAIR-authorized account representative shall be
processed as follows:
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 3 a or b of this
subsection, no objection or other communication submitted to the administrator
concerning the authorization, or any representation, action, inaction, or
submission of the CAIR-authorized account representative or any alternate
CAIR-authorized account representative for a general account shall affect any
representation, action, inaction, or submission of the CAIR-authorized account
representative or any alternate CAIR-authorized account representative or the
finality of any decision or order by the administrator under the CAIR NOX
Ozone Season Trading Program.
c. The administrator will not adjudicate any private legal
dispute concerning the authorization or any representation, action, inaction,
or submission of the CAIR-authorized account representative or any alternate
CAIR-authorized account representative for a general account, including private
legal disputes concerning the proceeds of CAIR NOX Ozone Season
allowance transfers.
5. Delegation by CAIR-authorized account representative and
alternate CAIR-authorized account representative shall be made as follows.
a. A CAIR-authorized account representative may delegate to
one or more natural persons his authority to make an electronic submission to
the administrator provided for or required under Article 6 (9VAC5-140-2500 et
seq.) and Article 7 (9VAC5-140-2600 et seq.) of this part.
b. An alternate CAIR-authorized account representative may
delegate to one or more natural persons his authority to make an electronic
submission to the administrator provided for or required under Article 6
(9VAC5-140-2500 et seq.) and Article 7 (9VAC5-140-2600 et seq.) of this part.
c. In order to delegate authority to make an electronic
submission to the administrator in accordance with subdivision a or b of this
subdivision 5, the CAIR-authorized account representative or alternate CAIR-authorized
account representative, as appropriate, must submit to the administrator a
notice of delegation, in a format prescribed by the administrator, that
includes the following elements:
(1) The name, address, email address, telephone number, and
facsimile transmission number (if any) of such CAIR-authorized account
representative or alternate CAIR-authorized account representative;
(2) The name, address, email address, telephone number, and
facsimile transmission number (if any) of each such natural person (referred to
as an "agent");
(3) For each such natural person, a list of the type or
types of electronic submissions under subdivision a or b of this subdivision 5
for which authority is delegated to him;
(4) The following certification statement by such
CAIR-authorized account representative or alternate CAIR-authorized account
representative: "I agree that any electronic submission to the
administrator that is by an agent identified in this notice of delegation and
of a type listed for such agent in this notice of delegation and that is made
when I am a CAIR-authorized account representative or alternate CAIR-authorized
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 9VAC5-140-2510 B 5 d shall be
deemed to be an electronic submission by me."; and
(5) The following certification statement by such
CAIR-authorized account representative or alternate CAIR-authorized account
representative: "Until this notice of delegation is superseded by another
notice of delegation under 9VAC5-140-2510 B 5 d, I agree to maintain an email
account and to notify the administrator immediately of any change in my email
address unless all delegation of authority by me under 9VAC5-140-2510 B 5 is terminated."
d. A notice of delegation submitted under subdivision c of
this subdivision 5 shall be effective, with regard to the CAIR-authorized
account representative or alternate CAIR-authorized account representative
identified in such notice, upon receipt of such notice by the administrator and
until receipt by the administrator of a superseding notice of delegation
submitted by such CAIR-authorized account representative or alternate
CAIR-authorized account representative, as appropriate. The superseding notice
of delegation may replace any previously identified agent, add a new agent, or
eliminate entirely any delegation of authority.
e. Any electronic submission covered by the certification
in subdivision c (4) of this subdivision 5 and made in accordance with a notice
of delegation effective under subdivision d of this subdivision 5 shall be
deemed to be an electronic submission by the CAIR-designated representative or
alternate CAIR-designated representative submitting such notice of delegation.
C. The administrator will assign a unique identifying
number to each account established under subsection A or B of this section.
9VAC5-140-2520. Responsibilities of CAIR-authorized account
representative. (Repealed.)
Following the establishment of a CAIR NOX Ozone
Season 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 CAIR NOX Ozone Season
allowances in the account, shall be made only by the CAIR-authorized account
representative for the account.
9VAC5-140-2530. Recordation of CAIR NOX Ozone
Season allowance allocations. (Repealed.)
A. By September 30, 2007, the administrator will record in
the CAIR NOX Ozone Season source's compliance account the CAIR NOX
Ozone Season allowances allocated for the CAIR NOX Ozone Season
units at the source, as submitted by the permitting authority in accordance
with 9VAC5-2410 A, for the control periods in 2009, 2010, 2011, 2012, and 2013.
B. By December 1, 2009, the administrator will record in
the CAIR NOX Ozone Season source's compliance account the CAIR NOX
Ozone Season allowances allocated for the CAIR NOX Ozone Season
units at the source, as submitted by the permitting authority in accordance
with 9VAC5-140-2410 B, for the control period in 2014.
C. By December 1, 2010, and by December 1 of each year
thereafter, the administrator will record in the CAIR NOX Ozone
Season source's compliance account the CAIR NOX Ozone Season
allowances allocated for the CAIR NOX Ozone Season units at the
source, as submitted by the permitting authority in accordance with
9VAC5-140-2410 B, for the control period in the fifth year after the year of
the applicable deadline for recordation under this paragraph.
D. By September 1, 2009, the administrator will record in
the CAIR NOX Ozone Season source's compliance account the CAIR NOX
Ozone Season allowances allocated for the CAIR NOX Ozone Season
units at the source, as submitted by the permitting authority in accordance
with 9VAC5-140-2410 C, for the control periods in 2009, 2010, 2011, 2012, and
2013.
E. By September 1, 2014, and September 1 of each year
thereafter, the administrator will record in the CAIR NOX Ozone
Season source's compliance account the CAIR NOX Ozone Season
allowances allocated for the CAIR NOX Ozone Season units at the
source, as submitted by the permitting authority in accordance with
9VAC5-140-2410 D, for the control period in the year of the applicable deadline
for recordation under this subsection.
F. When recording the allocation of CAIR NOX
Ozone Season allowances for a CAIR NOX Ozone Season unit in a
compliance account, the administrator will assign each CAIR NOX
Ozone Season allowance a unique identification number that will include digits
identifying the year of the control period for which the CAIR NOX
Ozone Season allowance is allocated.
9VAC5-140-2540. Compliance with CAIR NOX emissions
limitation. (Repealed.)
A. The CAIR NOX Ozone Season allowances are
available to be deducted for compliance with a source's CAIR NOX Ozone
Season emissions limitation for a control period in a given calendar year only
if the CAIR NOX Ozone Season allowances:
1. Were allocated for the control period in the year or a
prior year; and
2. Are held in the compliance account as of the allowance
transfer deadline for the control period or are transferred into the compliance
account by a CAIR NOX Ozone Season allowance transfer correctly
submitted for recordation under 9VAC5-140-2600 and 9VAC5-140-2610 by the
allowance transfer deadline for the control period.
B. Following the recordation, in accordance with
9VAC5-140-2610, of CAIR NOX Ozone Season allowance transfers
submitted for recordation in a source's compliance account by the allowance
transfer deadline for a control period, the administrator will deduct from the
compliance account CAIR NOX Ozone Season allowances available under
subsection A of this section in order to determine whether the source meets the
CAIR NOX Ozone Season emissions limitation for the control period,
as follows:
1. Until the amount of CAIR NOX Ozone Season
allowances deducted equals the number of tons of total nitrogen oxides
emissions, determined in accordance with Article 8 (9VAC5-140-2700 et seq.) of
this part, from all CAIR NOX Ozone Season units at the source for
the control period; or
2. If there are insufficient CAIR NOX Ozone
Season allowances to complete the deductions in subdivision 1 of this
subsection, until no more CAIR NOX Ozone Season allowances available
under subsection A of this section remain in the compliance account.
C. 1. The CAIR-authorized account representative for a
source's compliance account may request that specific CAIR NOX Ozone
Season allowances, identified by serial number, in the compliance account be
deducted for emissions or excess emissions for a control period in accordance
with subsection B or D of this section. Such request shall be submitted to the
administrator by the allowance transfer deadline for the control period and
include, in a format prescribed by the administrator, the identification of the
CAIR NOX Ozone Season source and the appropriate serial numbers.
2. The administrator will deduct CAIR NOX Ozone
Season allowances under subsection B or D of this section from the source's
compliance account, in the absence of an identification or in the case of a
partial identification of CAIR NOX Ozone Season allowances by serial
number under subdivision 1 of this subsection, on a first in, first out
accounting basis in the following order:
a. Any CAIR NOX Ozone Season allowances that
were allocated to the units at the source, in the order of recordation; and
then
b. Any CAIR NOX Ozone Season allowances that
were allocated to any entity and transferred and recorded in the compliance
account pursuant to Article 7 (9VAC5-140-2600 et seq.) of this part, in the
order of recordation.
D. Deductions for excess emissions shall be made as
follows:
1. After making the deductions for compliance under
subsection B of this section for a control period in a calendar year in which
the CAIR NOX Ozone Season source has excess emissions, the
administrator will deduct from the source's compliance account an amount of
CAIR NOX Ozone Season allowances, allocated for the control period
in the immediately following calendar year, equal to three times the number of
tons of the source's excess emissions.
2. Any allowance deduction required under subdivision 1 of
this subsection shall not affect the liability of the owners and operators of
the CAIR NOX Ozone Season source or the CAIR NOX Ozone
Season units at the source for any fine, penalty, or assessment, or their
obligation to comply with any other remedy, for the same violations, as ordered
under the Clean Air Act or the Virginia Air Pollution Control Law.
E. The administrator will record in the appropriate
compliance account all deductions from such an account under subsections B and
D of this section and Article 9 (9VAC5-140-2800 et seq.) of this part.
F. Administrator actions on submissions will occur as
follows:
1. The administrator may review and conduct independent
audits concerning any submission under the CAIR NOX Ozone Season
Trading Program and make appropriate adjustments of the information in the
submissions.
2. The administrator may deduct CAIR NOX Ozone
Season allowances from or transfer CAIR NOX Ozone Season allowances
to a source's compliance account based on the information in the submissions,
as adjusted under subdivision 1 of this subsection and record such deductions
and transfers.
9VAC5-140-2550. Banking. (Repealed.)
A. CAIR NOX Ozone Season allowances may be
banked for future use or transfer in a compliance account or a general account
in accordance with subsection B of this section.
B. Any CAIR NOX Ozone Season allowance that is
held in a compliance account or a general account will remain in such account
unless and until the CAIR NOX Ozone Season allowance is deducted or
transferred under 9VAC5-140-2540, 9VAC5-140-2560, or Article 7 (9VAC5-140-2600 et
seq.) or Article 9 (9VAC5-140-2800 et seq.) of this part.
9VAC5-140-2560. Account error. (Repealed.)
The administrator may, at the administrator's sole
discretion and on the administrator's own motion, correct any error in any CAIR
NOX Ozone Season Allowance Tracking System account. Within 10
business days of making such correction, the administrator will notify the
CAIR-authorized account representative for the account.
9VAC5-140-2570. Closing of general accounts. (Repealed.)
A. The CAIR-authorized account representative of a general
account may submit to the administrator a request to close the account, which shall
include a correctly submitted allowance transfer under 9VAC5-140-2600 and
9VAC5-140-2610 for any CAIR NOX Ozone Season allowances in the
account to one or more other CAIR NOX Ozone Season Allowance
Tracking System accounts.
B. If a general account has no allowance transfers in or
out of the account for a 12-month period or longer and does not contain any
CAIR NOX Ozone Season allowances, the administrator may notify the
CAIR-authorized account representative for the account that the account will be
closed 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 CAIR NOX
Ozone Season allowances into the account under 9VAC5-140-2600 and
9VAC5-140-2610 or a statement submitted by the CAIR-authorized account
representative demonstrating to the satisfaction of the administrator good
cause as to why the account should not be closed.
Article 7
CAIR NOx Ozone Season Allowance Transfers
9VAC5-140-2600. Submission of CAIR NOX Ozone
Season allowance transfers. (Repealed.)
A CAIR-authorized account representative seeking
recordation of a CAIR NOX Ozone Season allowance transfer shall submit
the transfer to the administrator. To be considered correctly submitted, the
CAIR NOX Ozone Season allowance transfer shall include the following
elements, in a format specified by the administrator:
1. The account numbers for both the transferor and
transferee accounts;
2. The serial number of each CAIR NOX Ozone
Season allowance that is in the transferor account and is to be transferred;
and
3. The name and signature of the CAIR-authorized account
representative of the transferor account and the date signed.
9VAC5-140-2610. EPA recordation. (Repealed.)
A. Within five business days (except as provided in
subsection B of this section) of receiving a CAIR NOX Ozone Season
allowance transfer, the administrator will record a CAIR NOX Ozone
Season allowance transfer by moving each CAIR NOX Ozone Season
allowance from the transferor account to the transferee account as specified by
the request, provided that:
1. The transfer is correctly submitted under 9VAC5-140-2600;
and
2. The transferor account includes each CAIR NOX
Ozone Season allowance identified by serial number in the transfer.
B. A CAIR NOX Ozone Season allowance transfer
that is submitted for recordation after the allowance transfer deadline for a
control period and that includes any CAIR NOX Ozone Season
allowances allocated for any control period before such allowance transfer
deadline will not be recorded until after the administrator completes the
deductions under 9VAC5-140-2540 for the control period immediately before such
allowance transfer deadline.
C. Where a CAIR NOX Ozone Season allowance
transfer submitted for recordation fails to meet the requirements of subsection
A of this section, the administrator will not record such transfer.
9VAC5-140-2620. Notification. (Repealed.)
A. Within five business days of recordation of a CAIR NOX
Ozone Season allowance transfer under 9VAC5-140-2610, the administrator will
notify the CAIR-authorized account representatives of both the transferor and transferee
accounts.
B. Within 10 business days of receipt of a CAIR NOX
Ozone Season allowance transfer that fails to meet the requirements of
9VAC5-140-2610 A, the administrator will notify the CAIR-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 CAIR NOX Ozone Season allowance transfer for recordation following
notification of nonrecordation.
Article 8
Monitoring and Reporting
9VAC5-140-2700. General requirements. (Repealed.)
A. The owners and operators, and to the extent applicable,
the CAIR-designated representative, of a CAIR NOX Ozone Season unit,
shall comply with the monitoring, recordkeeping, 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 9VAC5-140-2020 and in 40
CFR 72.2 shall apply, and the terms "affected unit," "designated
representative," and "continuous emission monitoring system
(CEMS)" in 40 CFR Part 75 shall be deemed to refer to the terms "CAIR
NOX Ozone Season unit," "CAIR-designated
representative," and "continuous emission monitoring system
(CEMS)" respectively, as defined in 9VAC5-140-2020. The owner or operator
of a unit that is not a CAIR NOX Ozone Season unit but that is
monitored under 40 CFR 75.72(b)(2)(ii) shall comply with the same monitoring,
recordkeeping, and reporting requirements as a CAIR NOX Ozone Season
unit.
B. The owner or operator of each CAIR NOX Ozone
Season unit shall:
1. Install all monitoring systems required under this
article for monitoring NOX mass emissions and individual unit heat
input (including all systems required to monitor NOX emission rate,
NOX concentration, stack gas moisture content, stack gas flow rate,
CO2 or O2 concentration, and fuel flow rate, as
applicable, in accordance with 40 CFR 75.71 and 40 CFR 75.72);
2. Successfully complete all certification tests required
under 9VAC5-140-2710 and meet all other requirements of this article and 40 CFR
Part 75 applicable to the monitoring systems under subdivision 1 of this
subsection; and
3. Record, report, and quality-assure the data from the
monitoring systems under subdivision 1 of this subsection.
C. Except as provided in subsection F of this section, the
owner or operator shall meet the monitoring system certification and other
requirements of subdivisions B 1 and 2 of this section on or before the
following dates. The owner or operator shall record, report, and quality-assure
the data from the monitoring systems under subdivision B 1 of this section on
and after the following dates.
1. For the owner or operator of a CAIR NOX Ozone
Season unit that commences commercial operation before July 1, 2007, by May 1,
2008.
2. For the owner or operator of a CAIR NOX Ozone
Season unit that commences commercial operation on or after July 1, 2007, and
that reports on an annual basis under 9VAC5-140-2740 D, by the later of the
following dates:
a. Ninety unit operating days or 180 calendar days,
whichever occurs first, after the date on which the unit commences commercial
operation; or
b. May 1, 2008.
3. For the owner or operator of a CAIR NOX Ozone
Season unit that commences commercial operation on or after July 1, 2007, and
that reports on a control period basis under 9VAC5-140-2740 D 2 b, by the later
of the following dates:
a. Ninety unit operating days or 180 calendar days,
whichever occurs first, after the date on which the unit commences commercial
operation; or
b. If the compliance date under subdivision a of this
subdivision is not during a control period, May 1 immediately following the
compliance date under subdivision a of this subdivision.
4. For the owner or operator of a CAIR NOX Ozone
Season unit for which construction of a new stack or flue or installation of
add-on NOX emission controls is completed after the applicable
deadline under subdivision 1, 2, 6, or 7 of this subsection and that reports on
an annual basis under 9VAC5-140-2740 D, by 90 unit operating days or 180
calendar days, whichever occurs first, after the date on which emissions first
exit to the atmosphere through the new stack or flue or add-on NOX
emissions controls.
5. For the owner or operator of a CAIR NOX Ozone
Season unit for which construction of a new stack or flue or installation of
add-on NOX emission controls is completed after the applicable
deadline under subdivision 1, 3, 6, or 7 of this section and that reports on a
control period basis under 9VAC5-140-2740 D 2 b, by the later of the following
dates:
a. Ninety unit operating days or 180 calendar days,
whichever occurs first, after the date on which emissions first exit to the
atmosphere through the new stack or flue or add-on NOX emissions
controls; or
b. If the compliance date under subdivision a of this
subdivision is not during a control period, May 1 immediately following the
compliance date under subdivision a of this subdivision.
6. Notwithstanding the dates in subdivisions 1, 2, and 3 of
this subsection, for the owner or operator of a unit for which a CAIR NOX
Ozone Season opt-in permit application is submitted and not withdrawn and a
CAIR opt-in permit is not yet issued or denied under Article 9 (9VAC5-140-2800
et seq.) of this part, by the date specified in subdivision 2 of
9VAC5-140-2840.
7. Notwithstanding the dates in subdivisions 1, 2, and 3 of
this subsection, for the owner or operator of a CAIR NOX Ozone
Season opt-in unit under Article 9 (9VAC5-140-2800 et seq.) of this part, by
the date on which the CAIR NOX Ozone Season opt-in unit enters the
CAIR NOX Ozone Season Trading Program as provided in subdivision 7
of 9VAC5-140-2840.
D. The owner or operator of a CAIR NOX Ozone
Season unit that does not meet the applicable compliance date set forth in
subsection C of this section for any monitoring system under subdivision B 1 of
this section shall, for each such monitoring system, determine, record, and
report maximum potential (or, as appropriate, minimum potential) values for NOX
concentration, NOX emission rate, stack gas flow rate, stack gas
moisture content, fuel flow rate, and any other parameters required to
determine NOX mass emissions and heat input in accordance with 40 CFR
75.31(b)(2) or (c)(3), section 2.4 of appendix D to 40 CFR Part 75, or section
2.5 of appendix E to 40 CFR Part 75, as applicable.
E. The following prohibitions shall apply.
1. No owner or operator of a CAIR NOX Ozone
Season unit shall use any alternative monitoring system, alternative reference
method, or any other alternative to any requirement of this article without
having obtained prior written approval in accordance with 9VAC5-140-2750.
2. No owner or operator of a CAIR NOX Ozone
Season unit 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.
3. No owner or operator of a CAIR NOX Ozone
Season unit 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 or heat input, 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.
4. No owner or operator of a CAIR NOX Ozone Season
unit shall retire or permanently discontinue use of the continuous emission
monitoring system, any component thereof, or any other approved monitoring
system under this article, except under any one of the following circumstances:
a. During the period that the unit is covered by an
exemption under 9VAC5-140-2050 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 CAIR-designated representative submits notification of
the date of certification testing of a replacement monitoring system for the
retired or discontinued monitoring system in accordance with 9VAC5-140-2710 D 3
a.
F. The owner or operator of a CAIR NOX Ozone
Season unit is subject to the applicable provisions of 40 CFR Part 75
concerning units in long-term cold storage.
9VAC5-140-2710. Initial certification and recertification
procedures. (Repealed.)
A. The owner or operator of a CAIR NOX Ozone
Season unit shall be exempt from the initial certification requirements of this
section for a monitoring system under 9VAC5-140-2700 B 1 if the following
conditions are met:
1. The monitoring system has been previously certified in
accordance with 40 CFR Part 75; and
2. The applicable quality-assurance and quality-control
requirements of 40 CFR 75.21 and appendix B, appendix D, and appendix E to 40
CFR Part 75 are fully met for the certified monitoring system described in
subdivision 1 of this subsection.
B. The recertification provisions of this section shall
apply to a monitoring system under 9VAC5-140-2700 B 1 exempt from initial
certification requirements under subsection A of this section.
C. If the administrator has previously 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 75.12 or 75.17, the CAIR-designated representative
shall resubmit the petition to the administrator under 9VAC5-140-2750 A to
determine whether the approval applies under the CAIR NOX Ozone
Season Trading Program.
D. Except as provided in subsection A of this section, the
owner or operator of a CAIR NOX Ozone Season unit shall comply with
the following initial certification and recertification procedures for a continuous
monitoring system (i.e., a continuous emission monitoring system and an
excepted monitoring system under appendices D and E to 40 CFR Part 75) under
9VAC5-140-2700 B 1. The owner or operator of a unit that qualifies to use the
low mass emissions excepted monitoring methodology under 40 CFR 75.19 or that
qualifies to use an alternative monitoring system under subpart E of 40 CFR
Part 75 shall comply with the procedures in subsection E or F of this section,
respectively.
1. The owner or operator shall ensure that each continuous
monitoring system under 9VAC5-140-2700 B 1 (including the automated data
acquisition and handling system) successfully completes all of the initial
certification testing required under 40 CFR 75.20 by the applicable deadline in
9VAC5-140-2700 C. In addition, whenever the owner or operator installs a
monitoring system to meet the requirements of this article in a location where
no such monitoring system was previously installed, initial certification in
accordance with 40 CFR 75.20 is required.
2. Whenever the owner or operator makes a replacement,
modification, or change in any certified continuous emission monitoring system
under 9VAC5-140-2700 B 1 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 quality-assurance and quality-control requirements of
40 CFR 75.21 or appendix B to 40 CFR Part 75 the owner or operator shall
recertify the monitoring system in accordance with 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 each continuous emission monitoring system whose accuracy is
potentially affected by the change, in accordance with 40 CFR 75.20(b).
Examples of changes to a continuous emission monitoring system 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. Any fuel flowmeter systems, and any
excepted NOX monitoring system under appendix E to 40 CFR Part 75,
under 9VAC5-140-2700 B 1 are subject to the recertification requirements in 40
CFR 75.20(g)(6).
3. Subdivisions a through d of this subdivision apply to
both initial certification and recertification of a continuous monitoring
system under 9VAC5-140-2700 B 1. For recertifications, replace the words
"certification" and "initial certification" with the word
"recertification," replace the word "certified" with the
word "recertified," and follow the procedures in 40 CFR 75.20(b)(5)
and (g)(7) in lieu of the procedures in subdivision e of this subdivision.
a. The CAIR-designated representative shall submit to the
permitting authority, the EPA Region III Office, and the administrator written
notice of the dates of certification testing, in accordance with 9VAC5-140-2730.
b. The CAIR-designated representative shall submit to the
permitting authority a certification application for each monitoring system. A
complete certification application shall include the information specified in
40 CFR 75.63.
c. The provisional certification date for a monitoring
system shall be determined in accordance with 40 CFR 75.20(a)(3). A
provisionally certified monitoring system may be used under the CAIR NOX
Ozone Season 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 b of this subdivision. Data measured and
recorded by the provisionally certified monitoring system, in accordance with
the requirements of 40 CFR Part 75, will 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 the date of receipt of
the complete certification application by the permitting authority.
d. The permitting authority will 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 b of this subdivision. 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 CAIR NOX Ozone Season 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) 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 CAIR-designated representative shall submit
the additional information required to complete the certification application.
If the CAIR-designated 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) of this subdivision. The 120-day
review period shall not begin before receipt of a complete certification
application.
(3) If the certification application shows that any
monitoring system does not meet the performance requirements of 40 CFR Part 75
or if the certification application is incomplete and the requirement for
disapproval under subdivision (2) of this subdivision is met, then 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 (as defined under 40 CFR 75.20(a)(3)). The owner or
operator shall follow the procedures for loss of certification in subdivision e
of this subdivision for each monitoring system that is disapproved for initial
certification.
(4) The permitting authority or, for a CAIR NOX
Ozone Season opt-in unit or a unit for which a CAIR opt-in permit application
is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or
denied under Article 9 (9VAC5-140-2800 et seq.) of this part, the administrator
may issue a notice of disapproval of the certification status of a monitor in
accordance with 9VAC5-140-2720 B.
e. If the permitting authority or the administrator issues
a notice of disapproval of a certification application under subdivision d (3)
of this subdivision or a notice of disapproval of certification status under
subdivision d (4) of this subdivision, then:
(1) The owner or operator shall substitute the following
values, for each disapproved monitoring system, 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(g)(7), or 40 CFR 75.21(e) and continuing until the applicable date
and hour specified under 40 CFR 75.20(a)(5)(i) or (g)(7):
(a) For a disapproved NOX emission rate (i.e.,
NOX-diluent) system, the maximum potential NOX emission rate,
as defined in 40 CFR 72.2.
(b) For a disapproved NOX pollutant
concentration monitor and disapproved flow monitor, respectively, the maximum
potential concentration of NOX and the maximum potential flow rate,
as defined in sections 2.1.2.1 and 2.1.4.1 of appendix A to 40 CFR Part 75.
(c) For a disapproved moisture monitoring system and
disapproved diluent gas monitoring system, respectively, the minimum potential
moisture percentage and either the maximum potential CO2
concentration or the minimum potential O2 concentration (as
applicable), as defined in sections 2.1.5, 2.1.3.1, and 2.1.3.2 of appendix A
to 40 CFR Part 75.
(d) For a disapproved fuel flowmeter system, the maximum
potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to 40 CFR
Part 75.
(e) For a disapproved excepted NOX monitoring
system under appendix E to 40 CFR Part 75, the fuel-specific maximum potential
NOX emission rate, as defined in 40 CFR 72.2.
(2) The CAIR-designated representative shall submit a
notification of certification retest dates and a new certification application
in accordance with subdivisions 3 a and b of this subdivision.
(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 or the administrator's notice of
disapproval, no later than 30 unit operating days after the date of issuance of
the notice of disapproval.
E. The owner or operator of a unit qualified to use the low
mass emissions (LME) excepted methodology under 40 CFR 75.19 shall meet the
applicable certification and recertification requirements in 40 CFR 75.19(a)(2)
and 75.20(h). If the owner or operator of such a unit elects to certify a fuel
flowmeter system for heat input determination, the owner or operator shall also
meet the certification and recertification requirements in 40 CFR 75.20(g).
F. The CAIR-designated representative of each unit for
which the owner or operator intends to use an alternative monitoring system
approved by the administrator and, if applicable, the permitting authority
under subpart E of 40 CFR Part 75 shall comply with the applicable notification
and application procedures of 40 CFR 75.20(f).
9VAC5-140-2720. Out of control periods. (Repealed.)
A. Whenever any monitoring system fails to meet the
quality-assurance and quality-control requirements or data validation
requirements of 40 CFR Part 75, data shall be substituted using the applicable
missing data procedures in subpart D or subpart H of, or appendix D or appendix
E to, 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 monitoring system should not have been certified or recertified because it
did not meet a particular performance specification or other requirement under
9VAC5-140-2710 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 or, for a CAIR NOX
Ozone Season opt-in unit or a unit for which a CAIR opt-in permit application
is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or
denied under Article 9 (9VAC5-140-2800 et seq.) of this part, the administrator
will issue a notice of disapproval of the certification status of such
monitoring 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 or the administrator revokes prospectively the certification
status of the monitoring system. The data measured and recorded by the
monitoring 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 for the monitoring system. The
owner or operator shall follow the applicable initial certification or
recertification procedures in 9VAC5-140-2710 for each disapproved monitoring
system.
9VAC5-140-2730. Notifications. (Repealed.)
The CAIR-designated representative for a CAIR NOX
Ozone Season unit shall submit written notice to the permitting authority and
the administrator in accordance with 40 CFR 75.61.
9VAC5-140-2740. Recordkeeping and reporting. (Repealed.)
A. The CAIR-designated representative shall comply with all
recordkeeping and reporting requirements in this section, the applicable recordkeeping
and reporting requirements under 40 CFR 75.73, and the requirements of
9VAC5-140-2100 E 1.
B. The owner or operator of a CAIR NOX Ozone
Season unit shall comply with requirements of 40 CFR 75.73(c) and (e) and, for
a unit for which a CAIR opt-in permit application is submitted and not
withdrawn and a CAIR opt-in permit is not yet issued or denied under Article 9
(9VAC5-140-2800 et seq.) of this part, 9VAC5-140-2830 and subdivision 1 of
9VAC5-140-2840.
C. The CAIR-designated representative shall submit an
application to the permitting authority within 45 days after completing all
initial certification or recertification tests required under 9VAC5-140-2710,
including the information required under 40 CFR 75.63.
D. The CAIR-designated representative shall submit
quarterly reports, as follows:
1. If the CAIR NOX Ozone Season unit is subject
to an acid rain emissions limitation or a CAIR NOX emissions
limitation or if the owner or operator of such unit chooses to report on an
annual basis under this article, the CAIR-designated representative shall meet
the requirements of subpart H of 40 CFR Part 75 (concerning monitoring of NOX
mass emissions) for such unit for the entire year and shall report the NOX
mass emissions data and heat input data for such unit, in an electronic
quarterly report in a format prescribed by the administrator, for each calendar
quarter beginning with:
a. For a unit that commences commercial operation before
July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;
b. For a unit that commences commercial operation on or
after July 1, 2007, the calendar quarter corresponding to the earlier of the
date of provisional certification or the applicable deadline for initial
certification under 9VAC5-140-2700 C, unless that quarter is the third or
fourth quarter of 2007 or the first quarter of 2008, in which case reporting
shall commence in the quarter covering May 1, 2008, through June 30, 2008:
c. Notwithstanding subdivisions a and b of this subdivision
1, for a unit for which a CAIR opt-in permit application is submitted and not
withdrawn and a CAIR opt-in permit is not yet issued or denied under Article 9
(9VAC5-140-2800 et seq.) of this part, the calendar quarter corresponding to
the date specified in subdivision 2 of 9VAC5-140-2840; and
d. Notwithstanding subdivisions a and b of this subdivision
1, for a CAIR NOX Ozone Season opt-in unit under Article 9
(9VAC5-140-2800 et seq.) of this part, the calendar quarter corresponding to
the date on which the CAIR NOX Ozone Season opt-in unit enters the
CAIR NOX Ozone Season Trading Program as provided in subdivision 7
of 9VAC5-140-2840.
2. If the CAIR NOX Ozone Season unit is not
subject to an acid rain emissions limitation or a CAIR NOX emissions
limitation, then the CAIR-designated representative shall either:
a. Meet the requirements of subpart H of 40 CFR Part 75
(concerning monitoring of NOX mass emissions) for such unit for the
entire year and report the NOX mass emissions data and heat input
data for such unit in accordance with subdivision 1 of this subsection; or
b. Meet the requirements of subpart H of 40 CFR Part 75 for
the control period (including the requirements in 40 CFR 75.74(c)) and report
NOX mass emissions data and heat input data (including the data
described in 40 CFR 75.74(c)(6)) for such unit only for the control period of
each year and report, in an electronic quarterly report in a format prescribed
by the administrator, for each calendar quarter beginning with:
(1) For a unit that commences commercial operation before
July 1, 2007, the calendar quarter covering May 1, 2008, through June 30, 2008;
(2) For a unit that commences commercial operation on or
after July 1, 2007, the calendar quarter corresponding to the earlier of the
date of provisional certification or the applicable deadline for initial
certification under 9VAC5-140-2700 C, unless that date is not during a control
period, in which case reporting shall commence in the quarter that includes May
1 through June 30 of the first control period after such date;
(3) Notwithstanding subdivisions b (1) and (2) of this
subdivision 2, for a unit for which a CAIR opt-in permit application is
submitted and not withdrawn and a CAIR opt-in permit is not yet issued or
denied under Article 9 (9VAC5-140-2800 et seq.) of this part, the calendar
quarter corresponding to the date specified in subdivision 2 of 9VAC5-140-2840;
and
(4) Notwithstanding subdivisions b (1) and (2) of this
subdivision 2, for a CAIR NOX Ozone Season opt-in unit under Article
9 (9VAC5-140-2800 et seq.) of this part, the calendar quarter corresponding to
the date on which the CAIR NOX Ozone Season opt-in unit enters the
CAIR NOX Ozone Season Trading Program as provided in subdivision 7
of 9VAC5-140-2840.
3. The CAIR-designated 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 40 CFR 75.73(f).
4. For CAIR NOX Ozone Season units that are also
subject to an acid rain emissions limitation or the CAIR NOX Annual
Trading Program, CAIR SO2 Trading Program, or Hg Budget Trading
Program, quarterly reports shall include the applicable data and information
required by subparts F through I of 40 CFR Part 75 as applicable, in addition
to the NOX mass emission data, heat input data, and other
information required by this article.
E. The CAIR-designated representative shall submit to the
administrator a compliance certification (in a format prescribed by the
administrator) 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:
1. 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;
2. For a unit with add-on NOX emission controls
and for all hours where NOX 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 quality assurance/quality control program
under appendix B to 40 CFR Part 75 and the substitute data values do not
systematically underestimate NOX emissions; and
3. For a unit that is reporting on a control period basis
under subdivision D 2 b of this section, 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.
9VAC5-140-2750. Petitions. (Repealed.)
A. Except as provided in subdivision B 2 of this section,
the CAIR-designated representative of a CAIR NOX Ozone Season 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. 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 in writing by the administrator, in
consultation with the permitting authority.
B. 1. The CAIR-designated representative of a CAIR NOX
Ozone Season 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. 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 in writing by both the permitting authority and the administrator.
2. The CAIR-designated representative of a CAIR NOX
Ozone Season 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 continuous emission monitoring system required under
40 CFR 75.72. Application of an alternative to any such requirement is in
accordance with this article only to the extent that the petition is approved
in writing by both the permitting authority and the administrator.
Article 9
CAIR NOx Ozone Season Opt-in Units
9VAC5-140-2800. Applicability. (Repealed.)
A CAIR NOX Ozone Season opt-in unit shall be a
unit that:
1. Is located in the state;
2. Is not a CAIR NOX Ozone Season unit under
9VAC5-140-2040 and is not covered by a retired unit exemption under
9VAC5-140-2050 that is in effect;
3. Is not covered by a retired unit exemption under 40 CFR
72.8 that is in effect;
4. Has or is required or qualified to have a Title V
operating permit or state operating permit; and
5. Vents all of its emissions to a stack and can meet the
monitoring, recordkeeping, and reporting requirements of Article 8
(9VAC5-140-2700 et seq.) of this part.
9VAC5-140-2810. General. (Repealed.)
A. Except as otherwise provided in 9VAC5-140-2010 through
9VAC5-140-2040, 9VAC5-140-2060 through 9VAC5-140-2080, and Article 2
(9VAC5-140-2100 et seq.), Article 3 (9VAC5-140-2200 et seq.), Article 6
(9VAC5-140-2500 et seq.), Article 7 (9VAC5-140-2600 et seq.), and Article 8
(9VAC5-140-2700 et seq.) of this part, a CAIR NOX Ozone Season
opt-in unit shall be treated as a CAIR NOX Ozone Season unit for
purposes of applying such sections and articles of this part.
B. Solely for purposes of applying, as provided in this
article, the requirements of Article 8 (9VAC5-140-2700 et seq.) of this part to
a unit for which a CAIR opt-in permit application is submitted and not
withdrawn and a CAIR opt-in permit is not yet issued or denied under this
article, such unit shall be treated as a CAIR NOX Ozone Season unit
before issuance of a CAIR opt-in permit for such unit.
9VAC5-140-2820. CAIR-designated representative. (Repealed.)
Any CAIR NOX Ozone Season opt-in unit, and any
unit for which a CAIR opt-in permit application is submitted and not withdrawn
and a CAIR opt-in permit is not yet issued or denied under this article,
located at the same source as one or more CAIR NOX Ozone Season
units shall have the same CAIR-designated representative and alternate
CAIR-designated representative as such CAIR NOX Ozone Season units.
9VAC5-140-2830. Applying for CAIR opt-in permit. (Repealed.)
A. The CAIR-designated representative of a unit meeting the
requirements for a CAIR NOX Ozone Season opt-in unit in
9VAC5-140-2800 may apply for an initial CAIR opt-in permit at any time, except
as provided under 9VAC5-140-2860 G and H, and, in order to apply, shall submit
the following:
1. A complete CAIR permit application under 9VAC5-140-2220;
2. A certification, in a format acceptable to the permitting
authority, that the unit:
a. Is not a CAIR NOX Ozone Season unit under
9VAC5-140-2040 and is not covered by a retired unit exemption under
9VAC5-140-2050 that is in effect;
b. Is not covered by a retired unit exemption under 40 CFR
72.8 that is in effect;
c. Vents all of its emissions to a stack; and
d. Has documented heat input for more than 876 hours during
the six months immediately preceding submission of the CAIR permit application
under 9VAC5-140-2220;
3. A monitoring plan in accordance with Article 8
(9VAC5-140-2700 et seq.) of this part;
4. A complete certificate of representation under 9VAC5-140
2130 consistent with 9VAC5-140-2820, if no CAIR-designated representative has
been previously designated for the source that includes the unit; and
5. A statement, in a format acceptable to the permitting
authority, whether the CAIR-designated representative requests that the unit be
allocated CAIR NOX Ozone Season allowances under 9VAC5-140-2880 B or
C (subject to the conditions in subdivision 8 of 9VAC5-140-2840 and
9VAC5-140-2860 H). If allocation under 9VAC5-140-2880 C is requested, the
statement shall include a statement that the owners and operators intend to
repower the unit before January 1, 2015, and that they will provide, upon
request, documentation demonstrating such intent.
B. Opt-in permit renewal shall be required as follows:
1. The CAIR-designated representative of a CAIR NOX
Ozone Season opt-in unit shall submit a complete CAIR permit application under
9VAC5-140-2220 to renew the CAIR opt-in unit permit in accordance with the
permitting authority's regulations for Title V operating permits, or the
permitting authority's regulations for state operating permits if applicable,
addressing permit renewal.
2. Unless the permitting authority issues a notification of
acceptance of withdrawal of the CAIR NOX Ozone Season opt-in unit
from the CAIR NOX Ozone Season Trading Program in accordance with
9VAC5-140-2860 or the unit becomes a CAIR NOX Ozone Season unit
under 9VAC5-140-2040, the CAIR NOX Ozone Season opt-in unit shall
remain subject to the requirements for a CAIR NOX Ozone Season
opt-in unit, even if the CAIR-designated representative for the CAIR NOX Ozone
Season opt-in unit fails to submit a CAIR permit application that is required
for renewal of the CAIR opt-in permit under subdivision 1 of this subsection.
9VAC5-140-2840. Opt-in process. (Repealed.)
The permitting authority will issue or deny a CAIR opt-in
permit for a unit for which an initial application for a CAIR opt-in permit
under 9VAC5-140-2830 is submitted in accordance with the following:
1. The permitting authority and the administrator will
determine, on an interim basis, the sufficiency of the monitoring plan
accompanying the initial application for a CAIR opt-in permit under
9VAC5-140-2830. 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 and all other applicable parameters
are monitored and reported in accordance with Article 8 (9VAC5-140-2700 et
seq.) of this part. A determination of sufficiency shall not be construed as
acceptance or approval of the monitoring plan.
2. Monitoring and reporting shall be as follows:
a. (1) If the permitting authority and the administrator
determine that the monitoring plan is sufficient under subdivision 1 of this
section, the owner or operator shall monitor and report the NOX
emissions rate and the heat input of the unit and all other applicable
parameters, in accordance with Article 8 (9VAC5-140-2700 et seq.) of this part,
starting on the date of certification of the appropriate monitoring systems
under Article 8 (9VAC5-140-2700 et seq.) of this part and continuing until a
CAIR opt-in permit is denied under subdivision 6 of this section or, if a CAIR
opt-in permit is issued, the date and time when the unit is withdrawn from the
CAIR NOX Ozone Season Trading Program in accordance with
9VAC5-140-2860.
(2) The monitoring and reporting under subdivision a (1) of
this subdivision shall include the entire control period immediately before the
date on which the unit enters the CAIR NOX Ozone Season Trading
Program under subdivision 7 of this section, during which period monitoring
system availability shall not be less than 90% under Article 8 (9VAC5-140-2700
et seq.) of this part and the unit shall be in full compliance with any
applicable state or federal emissions or emissions-related requirements.
b. To the extent the NOX emissions rate and the
heat input of the unit are monitored and reported in accordance with Article 8
(9VAC5-140-2700 et seq.) of this part for one or more control periods, in
addition to the control period under subdivision a (2) of this subdivision,
during which control periods monitoring system availability is not less than
90% under Article 8 (9VAC5-140-2700 et seq.) of this part and the unit is in
full compliance with any applicable state or federal emissions or
emissions-related requirements and that control periods begin not more than
three years before the unit enters the CAIR NOX Ozone Season Trading
Program under subdivision 7 of this section, such information shall be used as
provided in subdivision 3 and 4 of this section.
3. The unit's baseline heat input shall equal:
a. If the unit's NOX emissions rate and heat
input are monitored and reported for only one control period, in accordance
with subdivision 2 a of this section, the unit's total heat input (in mmBtu)
for the control period; or
b. If the unit's NOX emissions rate and heat
input are monitored and reported for more than one control period, in accordance
with subdivisions 2 a and b of this section, the average of the amounts of the
unit's total heat input (in mmBtu) for the control periods under subdivisions 2
a (2) and 2 b of this section.
4. The unit's baseline NOX emission rate shall
equal:
a. If the unit's NOX emissions rate and heat
input are monitored and reported for only one control period, in accordance
with subdivision 2 a of this section, the unit's NOX emissions rate
(in lb/mmBtu) for the control period;
b. If the unit's NOX emissions rate and heat
input are monitored and reported for more than one control period, in
accordance with subdivisions 2 a and b of this section, and the unit does not
have add-on NOX emission controls during any such control periods,
the average of the amounts of the unit's NOX emissions rate (in
lb/mmBtu) for the control periods under subdivisions 2 a (2) and 2 b of this
section; or
c. If the unit's NOX emissions rate and heat
input are monitored and reported for more than one control period, in
accordance with subdivisions 2 a and b of this section, and the unit has add-on
NOX emission controls during any such control periods, the average
of the amounts of the unit's NOX emissions rate (in lb/mmBtu) for
such control periods during which the unit has add-on NOX emission
controls.
5. After calculating the baseline heat input and the
baseline NOX emissions rate for the unit under subdivision 3 and 4
of this section and if the permitting authority determines that the
CAIR-designated representative shows that the unit meets the requirements for a
CAIR NOX Ozone Season opt-in unit in 9VAC5-140-2800 and meets the
elements certified in 9VAC5-140-2830 A 2, the permitting authority will issue a
CAIR opt-in permit. The permitting authority will provide a copy of the CAIR
opt-in permit to the administrator, who will then establish a compliance
account for the source that includes the CAIR NOX Ozone Season
opt-in unit unless the source already has a compliance account.
6. Notwithstanding subdivisions 1 through 5 of this section,
if at any time before issuance of a CAIR opt-in permit for the unit, the
permitting authority determines that the CAIR-designated representative fails
to show that the unit meets the requirements for a CAIR NOX Ozone
Season opt-in unit in 9VAC5-140-2800 or meets the elements certified in
9VAC5-140-2830 A 2, the permitting authority will issue a denial of a CAIR
opt-in permit for the unit.
7. A unit for which an initial CAIR opt-in permit is issued
by the permitting authority shall become a CAIR NOX Ozone Season
opt-in unit, and a CAIR NOX Ozone Season unit, as of the later of
May 1, 2009, or May 1 of the first control period during which such CAIR opt-in
permit is issued.
8. Repowered CAIR NOX Ozone Season opt-in units
shall meet the following requirements.
a. If the CAIR-designated representative requests, and the
permitting authority issues a CAIR opt-in permit providing for, allocation to a
CAIR NOX Ozone Season opt-in unit of CAIR NOX Ozone
Season allowances under 9VAC5-140-2880 C and such unit is repowered after its
date of entry into the CAIR NOX Ozone Season Trading Program under
subdivision 7 of this section, the repowered unit shall be treated as a CAIR NOX
Ozone Season opt-in unit replacing the original CAIR NOX Ozone
Season opt-in unit, as of the date of start-up of the repowered unit's
combustion chamber.
b. Notwithstanding subdivisions 3 and 4 of this section, as
of the date of start-up under subdivision 8 a of this section, the repowered
unit shall be deemed to have the same date of commencement of operation, date
of commencement of commercial operation, baseline heat input, and baseline NOX
emission rate as the original CAIR NOX Ozone Season opt-in unit, and
the original CAIR NOX Ozone Season opt-in unit shall no longer be
treated as a CAIR NOX Ozone Season opt-in unit or a CAIR NOX
Ozone Season unit.
9VAC5-140-2850. CAIR opt-in permit contents. (Repealed.)
A. Each CAIR opt-in permit will contain:
1. All elements required for a complete CAIR permit
application under 9VAC5-140-2220;
2. The certification in 9VAC5-140-2830 A 2;
3. The unit's baseline heat input under subdivision 3 of
9VAC5-140-2840;
4. The unit's baseline NOX emission rate under
subdivision 4 of 9VAC5-140-2840;
5. A statement whether the unit is to be allocated CAIR NOX
Ozone Season allowances under 9VAC5-140-2880 B or C (subject to the conditions
in subdivision 8 of 9VAC5-140-2840 and 9VAC5-140-2860 H);
6. A statement that the unit may withdraw from the CAIR NOX
Ozone Season Trading Program only in accordance with 9VAC5-140-2860; and
7. A statement that the unit is subject to, and the owners
and operators of the unit shall comply with, the requirements of
9VAC5-140-2870.
B. Each CAIR opt-in permit is deemed to incorporate
automatically the definitions of terms under 9VAC5-140-2020 and, upon
recordation by the administrator under Article 6 (9VAC5-140-2500 et seq.) or
Article 7 (9VAC5-140-2600 et seq.) of this part or this article, every
allocation, transfer, or deduction of CAIR NOX Ozone Season
allowances to or from the compliance account of the source that includes a CAIR
NOX Ozone Season opt-in unit covered by the CAIR opt-in permit.
C. The CAIR opt-in permit shall be included, in a format
acceptable to the permitting authority, in the CAIR permit for the source where
the CAIR NOX Ozone Season opt-in unit is located and in a Title V
operating permit or state operating permit for the source.
9VAC5-140-2860. Withdrawal from CAIR NOX Ozone
Season Trading Program. (Repealed.)
A. Except as provided under subsection H of this section, a
CAIR NOX Ozone Season opt-in unit may withdraw from the CAIR NOX
Ozone Season Trading Program, but only if the permitting authority issues a
notification to the CAIR-designated representative of the CAIR NOX
Ozone Season opt-in unit of the acceptance of the withdrawal of the CAIR NOX
Ozone Season opt-in unit in accordance with subsection E of this section.
B. In order to withdraw a CAIR NOX Ozone Season
opt-in unit from the CAIR NOX Ozone Season Trading Program, the
CAIR-designated representative of the CAIR NOX Ozone Season opt-in
unit shall submit to the permitting authority a request to withdraw effective
as of midnight of September 30 of a specified calendar year, which date must be
at least four years after September 30 of the year of entry into the CAIR NOX
Ozone Season Trading Program under subdivision 7 of 9VAC5-140-2840. The request
shall be submitted no later than 90 days before the requested effective date of
withdrawal.
C. Before a CAIR NOX Ozone Season opt-in unit
covered by a request under subsection B of this section may withdraw from the
CAIR NOX Ozone Season Trading Program and the CAIR opt-in permit may
be terminated under subsection F of this section, the following conditions must
be met:
1. For the control period ending on the date on which the
withdrawal is to be effective, the source that includes the CAIR NOX
Ozone Season opt-in unit must meet the requirement to hold CAIR NOX
Ozone Season allowances under 9VAC5-140-2060 C and must not have any excess
emissions.
2. After the requirement for withdrawal under subdivision 1
of this subsection is met, the administrator will deduct from the compliance
account of the source that includes the CAIR NOX Ozone Season opt-in
unit CAIR NOX Ozone Season allowances equal in amount to and
allocated for the same or a prior control period as any CAIR NOX
Ozone Season allowances allocated to the CAIR NOX Ozone Season
opt-in unit under 9VAC5-140-2880 for any control period for which the
withdrawal is to be effective. If there are no remaining CAIR NOX
Ozone Season units at the source, the administrator will close the compliance
account, and the owners and operators of the CAIR NOX Ozone Season
opt-in unit may submit a CAIR NOX Ozone Season allowance transfer
for any remaining CAIR NOX Ozone Season allowances to another CAIR
NOX Ozone Season Allowance Tracking System in accordance with
Article 7 (9VAC5-140-2600 et seq.) of this part.
D. Notification shall be performed as follows:
1. After the requirements for withdrawal under subsections B
and C of this section are met (including deduction of the full amount of CAIR
NOX Ozone Season allowances required), the permitting authority will
issue a notification to the CAIR-designated representative of the CAIR NOX
Ozone Season opt-in unit of the acceptance of the withdrawal of the CAIR NOX
Ozone Season opt-in unit as of midnight on September 30 of the calendar year
for which the withdrawal was requested.
2. If the requirements for withdrawal under subsections B
and C of this section are not met, the permitting authority will issue a
notification to the CAIR-designated representative of the CAIR NOX
Ozone Season opt-in unit that the CAIR NOX Ozone Season opt-in
unit's request to withdraw is denied. Such CAIR NOX Ozone Season
opt-in unit shall continue to be a CAIR NOX Ozone Season opt-in
unit.
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 CAIR permit covering the
CAIR NOX Ozone Season opt-in unit to terminate the CAIR opt-in
permit for such unit as of the effective date specified under subdivision D 1
of this section. The unit shall continue to be a CAIR NOX Ozone
Season opt-in unit until the effective date of the termination and shall comply
with all requirements under the CAIR NOX Ozone Season Trading
Program concerning any control periods for which the unit is a CAIR NOX
Ozone Season opt-in unit, even if such requirements arise or shall be complied
with after the withdrawal takes effect.
F. If the permitting authority denies the CAIR NOX
Ozone Season opt-in unit's request to withdraw, the CAIR-designated
representative may submit another request to withdraw in accordance with
subsections B and C of this section.
G. Once a CAIR NOX Ozone Season opt-in unit
withdraws from the CAIR NOX Ozone Season Trading Program and its
CAIR opt-in permit is terminated under this section, the CAIR-designated
representative may not submit another application for a CAIR opt-in permit
under 9VAC5-140-2830 for such CAIR NOX Ozone Season opt-in unit before
the date that is four years after the date on which the withdrawal became
effective. Such new application for a CAIR opt-in permit will be treated as an
initial application for a CAIR opt-in permit under 9VAC5-140-2840.
H. Notwithstanding subsections B through G of this section,
a CAIR NOX Ozone Season opt-in unit shall not be eligible to
withdraw from the CAIR NOX Ozone Season Trading Program if the
CAIR-designated representative of the CAIR NOX Ozone Season opt-in
unit requests, and the permitting authority issues a CAIR opt-in permit
providing for, allocation to the CAIR NOX Ozone Season opt-in unit
of CAIR NOX Ozone Season allowances under 9VAC5-140-2880 C.
9VAC5-140-2870. Change in regulatory status. (Repealed.)
A. If a CAIR NOX Ozone Season opt-in unit
becomes a CAIR NOX Ozone Season unit under 9VAC5-140-2040, then the
CAIR-designated representative shall notify in writing the permitting authority
and the administrator of such change in the CAIR NOX Ozone Season
opt-in unit's regulatory status, within 30 days of such change.
B. The permitting authority and the administrator shall
take the following actions.
1. If a CAIR NOX Ozone Season opt-in unit becomes
a CAIR NOX Ozone Season unit under 9VAC5-140-2040, the permitting
authority will revise the CAIR NOX Ozone Season opt-in unit's CAIR
opt-in permit to meet the requirements of a CAIR permit under 9VAC5-140-2230,
and remove the CAIR opt-in permit provisions as of the date on which the CAIR
NOX Ozone Season opt-in unit becomes a CAIR NOX Ozone
Season unit under 9VAC5-140-2040.
2. a. The administrator will deduct from the compliance
account of the source that includes the CAIR NOX Ozone Season opt-in
unit that becomes a CAIR NOX Ozone Season unit under 9VAC5-140-2040,
CAIR NOX Ozone Season allowances equal in amount to and allocated
for the same or a prior control period as:
(1) Any CAIR NOX Ozone Season allowances
allocated to the CAIR NOX Ozone Season opt-in unit under
9VAC5-140-2880 for any control period after the date on which the CAIR NOX
Ozone Season opt-in unit becomes a CAIR NOX Ozone Season unit under
9VAC5-140-2040; and
(2) If the date on which the CAIR NOX Ozone
Season opt-in unit becomes a CAIR NOX Ozone Season unit under
9VAC5-140-2040 is not September 30, the CAIR NOX Ozone Season
allowances allocated to the CAIR NOX Ozone Season opt-in unit under
9VAC5-140-2880 for the control period that includes the date on which the CAIR
NOX Ozone Season opt-in unit becomes a CAIR NOX Ozone
Season unit under 9VAC5-140-2040, multiplied by the ratio of the number of
days, in the control period, starting with the date on which the CAIR NOX
Ozone Season opt-in unit becomes a CAIR NOX Ozone Season unit under
9VAC5-140-2040 divided by the total number of days in the control period and
rounded to the nearest whole allowance as appropriate.
b. The CAIR-designated representative shall ensure that the
compliance account of the source that includes the CAIR NOX Ozone
Season unit that becomes a CAIR NOX Ozone Season opt-in unit under
9VAC5-140-2040 contains the CAIR NOX Ozone Season allowances
necessary for completion of the deduction under subdivision a of this
subdivision.
3. a. For every control period after the date on which the
CAIR NOX Ozone Season opt-in unit becomes a CAIR NOX
Ozone Season unit under 9VAC5-140-2040, the CAIR NOX Ozone Season
opt-in unit will be allocated CAIR NOX Ozone Season allowances under
9VAC5-140-2420.
b. If the date on which the CAIR NOX Ozone
Season opt-in unit becomes a CAIR NOX Ozone Season unit under
9VAC5-140-2040 is not September 30, the following amount of CAIR NOX
Ozone Season allowances will be allocated to the CAIR NOX Ozone
Season opt-in unit (as a CAIR NOX Ozone Season unit) under
9VAC5-140-2420 for the control period that includes the date on which the CAIR
NOX Ozone Season opt-in unit becomes a CAIR NOX Ozone
Season unit under 9VAC5-140-2040:
(1) The amount of CAIR NOX Ozone Season
allowances otherwise allocated to the CAIR NOX Ozone Season opt-in
unit (as a CAIR NOX Ozone Season unit) under 9VAC5-140-2420 for the
control period multiplied by;
(2) The ratio of the number of days, in the control period,
starting with the date on which the CAIR NOX Ozone Season opt-in unit
becomes a CAIR NOX Ozone Season unit under 9VAC5-140-2040, divided
by the total number of days in the control period; and
(3) Rounded to the nearest whole allowance as appropriate.
9VAC5-140-2880. CAIR NOX Ozone Season allowance
allocations to CAIR NOX Ozone Season opt-in units. (Repealed.)
A. Timing requirements shall be met as follows:
1. When the CAIR opt-in permit is issued under subdivision 5
of 9VAC5-140-2840, the permitting authority will allocate CAIR NOX
Ozone Season allowances to the CAIR NOX Ozone Season opt-in unit,
and submit to the administrator the allocation for the control period in which
a CAIR NOX Ozone Season opt-in unit enters the CAIR NOX
Ozone Season Trading Program under subdivision 7 of 9VAC5-140-2840, in
accordance with subsection B or C of this section.
2. By no later than July 31 of the control period after the
control period in which a CAIR NOX Ozone Season opt-in unit enters
the CAIR NOX Ozone Season Trading Program under subdivision 7 of
9VAC5-140-2840 and July 31 of each year thereafter, the permitting authority
will allocate CAIR NOX Ozone Season allowances to the CAIR NOX
Ozone Season opt-in unit, and submit to the administrator the allocation for
the control period that includes such submission deadline and in which the unit
is a CAIR NOX Ozone Season opt-in unit, in accordance with
subsection B or C of this section.
B. For each control period for which a CAIR NOX
Ozone Season opt-in unit is to be allocated CAIR NOX Ozone Season
allowances, the permitting authority will allocate in accordance with the
following procedures:
1. The heat input (in mmBtu) used for calculating the CAIR
NOX Ozone Season allowance allocation will be the lesser of:
a. The CAIR NOX Ozone Season opt-in unit's
baseline heat input determined under subdivision 3 of 9VAC5-140-2840; or
b. The CAIR NOX Ozone Season opt-in unit's heat
input, as determined in accordance with Article 8 (9VAC5-140-2700 et seq.) of
this part, for the immediately prior control period, except when the allocation
is being calculated for the control period in which the CAIR NOX
Ozone Season opt-in unit enters the CAIR NOX Ozone Season Trading
Program under subdivision 7 of 9VAC5-140-2840.
2. The NOX emission rate (in lb/mmBtu) used for
calculating CAIR NOX Ozone Season allowance allocations will be the
lesser of:
a. The CAIR NOX Ozone Season opt-in unit's
baseline NOX emissions rate (in lb/mmBtu) determined under subdivision
4 of 9VAC5-140-2840 and multiplied by 70.0%; or
b. The most stringent state or federal NOX
emissions limitation applicable to the CAIR NOX Ozone Season opt-in
unit at any time during the control period for which CAIR NOX Ozone
Season allowances are to be allocated.
3. The permitting authority will allocate CAIR NOX
Ozone Season allowances to the CAIR NOX Ozone Season opt-in unit in
an amount equaling the heat input under subdivision 1 of this subsection,
multiplied by the NOX emission rate under subdivision 2 of this
subsection, divided by 2,000 lb/ton, and rounded to the nearest whole allowance
as appropriate.
C. Notwithstanding subsection B of this section and if the
CAIR-designated representative requests, and the permitting authority issues a
CAIR opt-in permit (based on a demonstration of the intent to repower stated
under 9VAC5-140-2830 A 5) providing for, allocation to a CAIR NOX
Ozone Season opt-in unit of CAIR NOX Ozone Season allowances under
this subsection (subject to the conditions in subdivision 8 of 9VAC5-140-2840
and 9VAC5-140-2860 H), the permitting authority will allocate to the CAIR NOX
Ozone Season opt-in unit as follows:
1. For each control period in 2009 through 2014 for which
the CAIR NOX Ozone Season opt-in unit is to be allocated CAIR NOX
Ozone Season allowances,
a. The heat input (in mmBtu) used for calculating CAIR NOX
Ozone Season allowance allocations will be determined as described in
subdivision B 1 of this section.
b. The NOX emission rate (in lb/mmBtu) used for calculating
CAIR NOX Ozone Season allowance allocations will be the lesser of:
(1) The CAIR NOX Ozone Season opt-in unit's
baseline NOX emissions rate (in lb/mmBtu) determined under
subdivision 4 of 9VAC5-140-2840; or
(2) The most stringent state or federal NOX
emissions limitation applicable to the CAIR NOX Ozone Season opt-in
unit at any time during the control period in which the CAIR NOX
Ozone Season opt-in unit enters the CAIR NOX Ozone Season Trading
Program under subdivision 7 of 9VAC5-140-2840.
c. The permitting authority will allocate CAIR NOX
Ozone Season allowances to the CAIR NOX Ozone Season opt-in unit in
an amount equaling the heat input under subdivision a of this subdivision,
multiplied by the NOX emission rate under subdivision b of this
subdivision, divided by 2,000 lb/ton, and rounded to the nearest whole
allowance as appropriate.
2. For each control period in 2015 and thereafter for which
the CAIR NOX Ozone Season opt-in unit is to be allocated CAIR NOX
Ozone Season allowances,
a. The heat input (in mmBtu) used for calculating the CAIR
NOX Ozone Season allowance allocations will be determined as
described in subdivision B 1 of this section.
b. The NOX emission rate (in lb/mmBtu) used for
calculating the CAIR NOX Ozone Season allowance allocation will be
the lesser of:
(1) 0.15 lb/mmBtu;
(2) The CAIR NOX Ozone Season opt-in unit's
baseline NOX emissions rate (in lb/mmBtu) determined under
subdivision 4 of 9VAC5-140-2840; or
(3) The most stringent state or federal NOX
emissions limitation applicable to the CAIR NOX Ozone Season opt-in
unit at any time during the control period for which CAIR NOX Ozone
Season allowances are to be allocated.
c. The permitting authority will allocate CAIR NOX
Ozone Season allowances to the CAIR NOX Ozone Season opt-in unit in
an amount equaling the heat input under subdivision a of this subdivision,
multiplied by the NOX emission rate under subdivision b of this
subdivision, divided by 2,000 lb/ton, and rounded to the nearest whole
allowance as appropriate.
D. Recordation shall be performed as follows:
1. The administrator will record, in the compliance account
of the source that includes the CAIR NOX Ozone Season opt-in unit,
the CAIR NOX Ozone Season allowances allocated by the permitting
authority to the CAIR NOX Ozone Season opt-in unit under subdivision
A 1 of this section.
2. By September 1 of the control period in which a CAIR NOX
Ozone Season opt-in unit enters the CAIR NOX Ozone Season
Trading Program under subdivision 7 of 9VAC5-140 2840, and September 1 of each
year thereafter, the administrator will record, in the compliance account of
the source that includes the CAIR NOX Ozone Season opt-in unit, the
CAIR NOX Ozone Season allowances allocated by the permitting
authority to the CAIR NOX Ozone Season opt-in unit under subdivision
A 2 of this section.
Part IV
SO2 Annual Trading Program
Article 1
CAIR SO2 Trading Program General Provisions
9VAC5-140-3010. Purpose and authority. (Repealed.)
A. This part establishes general provisions and the designated
representative, permitting, allowance, monitoring, and opt-in provisions for
the State Clean Air Interstate Rule (CAIR) SO2 Trading Program,
under § 110 of the Clean Air Act and 40 CFR 51.124, as a means of mitigating
interstate transport of fine particulates and sulfur dioxide.
B. The purpose of this part is not to create the CAIR SO2
Trading Program only for CAIR SO2 units and CAIR SO2
sources geographically located within the borders of the Commonwealth of
Virginia. Upon approval by EPA in accordance with 40 CFR 51.124 (o)(1) or (2),
qualifying CAIR SO2 units and CAIR SO2 sources within the
Commonwealth will become full participants in the EPA-administered regional
CAIR SO2 Annual Trading Program, which will include CAIR SO2
units and CAIR SO2 sources permitted by authorities in all other
states that are participating in the regional CAIR SO2 Trading
Program.
C. This part should not be interpreted to limit the CAIR SO2
Trading Program to Virginia CAIR SO2 units and CAIR SO2
sources, which would be contrary to the intention that CAIR SO2
units and CAIR SO2 sources covered by CAIR programs of other states
approved in accordance with 40 CFR 51.124 (o)(1) or (2) or by the CAIR Federal
Implementation Plan (subparts AAA through III of 40 CFR Part 97) may trade
allowances with CAIR SO2 units and CAIR SO2 sources in
the Commonwealth. While the CAIR SO2 Trading Program must include
CAIR SO2 units and CAIR SO2 sources and permitting
authorities beyond the borders of the Commonwealth, the permitting authority
for Virginia (the State Air Pollution Control Board) has no authority to ensure
compliance with this part by any permitting authority, person or entity outside
the Commonwealth.
D. The board has the authority under the Code of Virginia
to regulate the allocations of allowances, issuance of the budget permits, the
administration of the opt-in provisions and other duties assigned to the
permitting authority only for CAIR SO2 units and CAIR SO2
sources in Virginia. The board authorizes the administrator to assist the board
in implementing the CAIR SO2 Trading Program by carrying out the
functions set forth for the administrator in this part.
9VAC5-140-3020. Definitions. (Repealed.)
A. As used in this part, all words or terms not defined
here shall have the meaning given them in 9VAC5-10 (General Definitions) unless
otherwise required by context.
B. For the purpose of this part and any related use, the
words or terms shall have the meaning given them in this subsection.
"Account number" means the identification number
given by the administrator to each CAIR SO2 Allowance Tracking
System account.
"Acid rain emissions limitation" means a
limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid
Rain Program.
"Acid Rain Program" means a multistate sulfur
dioxide and nitrogen oxides air pollution control and emission reduction program
established by the administrator under Title IV of the CAA and 40 CFR Parts 72
through 78.
"Administrator" means the administrator of the
United States Environmental Protection Agency or the administrator's duly
authorized representative.
"Allocate" or "allocation" means, with
regard to CAIR SO2 allowances issued under the Acid Rain Program,
the determination by the administrator of the amount of such CAIR SO2
allowances to be initially credited to a CAIR SO2 unit or other
entity and, with regard to CAIR SO2 allowances issued under
provisions of a state implementation plan that are approved under 40 CFR 51.124
(o) (1) or (2) or (r) or 9VAC5-140-3880, the determination by a permitting
authority of the amount of such CAIR SO2 allowances to be initially
credited to a CAIR SO2 unit or other entity.
"Allowance transfer deadline" means, for a
control period, midnight of March 1, (if it is a business day), or midnight of
the first business day thereafter (if March 1 is not a business day)
immediately following the control period and is the deadline by which a CAIR SO2
allowance transfer must be submitted for recordation in a CAIR SO2
source's compliance account in order to be used to meet the source's CAIR SO2
emissions limitation for such control period in accordance with 9VAC5-140-3540.
"Alternate CAIR-designated representative" means,
for a CAIR SO2 source and each CAIR SO2 unit at the
source, the natural person who is authorized by the owners and operators of the
source and all such units at the source, in accordance with Articles 2
(9VAC5-140-3100 et seq.) and 9 (9VAC5-140-3800 et seq.) of this part, to act on
behalf of the CAIR-designated representative in matters pertaining to the CAIR
SO2 Trading Program. If the CAIR SO2 source is also a
CAIR NOX source, then this natural person shall be the same person
as the alternate CAIR-designated representative under the CAIR NOX
Annual Trading Program. If the CAIR SO2 source is also a CAIR NOX
Ozone Season source, then this natural person shall be the same person as the
alternate CAIR-designated representative under the CAIR NOX Ozone
Season Trading Program. If the CAIR SO2 source is also subject to
the Acid Rain Program, then this natural person shall be the same person as the
alternate designated representative under the Acid Rain Program. If the CAIR SO2
source is also subject to the Hg Budget Trading Program, then this natural
person shall be the same person as the alternate Hg designated representative
under the Hg Budget Trading Program.
"Automated data acquisition and handling system"
or "DAHS" means that component of the continuous emission monitoring
system, or other emissions monitoring system approved for use under Article 8
(9VAC5-140-3700 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 (9VAC5-140-3700 et seq.) of this part.
"Biomass" means:
1. Any organic material grown for the purpose of being
converted to energy;
2. Any organic byproduct of agriculture that can be
converted into energy; or
3. Any material that can be converted into energy and is
nonmerchantable for other purposes, that is segregated from other
nonmerchantable material, and that is:
a. A forest-related organic resource, including mill
residues, precommercial thinnings, slash, brush, or byproduct from conversion
of trees to merchantable material; or
b. A wood material, including pallets, crates, dunnage,
manufacturing and construction materials (other than pressure-treated,
chemically-treated, or painted wood products), and landscape or right-of-way
tree trimmings.
"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.
"Bottoming-cycle cogeneration unit" means a
cogeneration unit in which the energy input to the unit is first used to
produce useful thermal energy and at least some of the reject heat from the
useful thermal energy application or process is then used for electricity
production.
"CAIR-authorized account representative" means,
with regard to a general account, a responsible natural person who is
authorized, in accordance with Articles 2 (9VAC5-140-3100 et seq.), 6
(9VAC5-140-3500 et seq.) and 9 (9VAC5-140-3800 et seq.) of this part, to
transfer and otherwise dispose of CAIR SO2 allowances held in the
general account and, with regard to a compliance account, the CAIR-designated
representative of the source.
"CAIR-designated representative" means, for a
CAIR SO2 source and each CAIR SO2 unit at the source, the
natural person who is authorized by the owners and operators of the source and
all such units at the source, in accordance with Articles 2 (9VAC5-140-3100 et
seq.), 6 (9VAC5-140-3500 et seq.) and 9 (9VAC5-140-3800 et seq.) of this part,
to represent and legally bind each owner and operator in matters pertaining to
the CAIR SO2 Trading Program. If the CAIR SO2 source is
also a CAIR NOX source, then this natural person shall be the same
person as the CAIR-designated representative under the CAIR NOX
Annual Trading Program. If the CAIR SO2 source is also a CAIR NOX
Ozone Season source, then this natural person shall be the same person as the
CAIR-designated representative under the CAIR NOX Ozone Season
Trading Program. If the CAIR SO2 source is also subject to the Acid
Rain Program, then this natural person shall be the same person as the
designated representative under the Acid Rain Program. If the CAIR SO2
source is also subject to the Hg Budget Trading Program, then this natural
person shall be the same person as the alternate Hg designated representative
under the Hg Budget Trading Program.
"CAIR NOX Annual Trading Program"
means a multistate nitrogen oxides air pollution control and emission reduction
program approved and administered by the administrator in accordance with Part
II (9VAC5-140-1010 et seq.) of this chapter, subparts AA through II of 40 CFR
Part 96, and 40 CFR 51.123 (o)(1) or (2) or established by the administrator in
accordance with subparts AA through II of 40 CFR Part 97 and 40 CFR 51.123(p)
and 52.35, as a means of mitigating interstate transport of fine particulates
and nitrogen oxides.
"CAIR NOX Ozone Season source" means a
source that is subject to the CAIR NOX Ozone Season Trading Program.
"CAIR NOX Ozone Season Trading
Program" means a multistate nitrogen oxides air pollution control and
emission reduction program approved and administered by the administrator in
accordance with Part III (9VAC5-140-2010 et seq.) of this chapter, subparts
AAAA through IIII of 40 CFR Part 96, and 40 CFR 51.123 (aa)(1) or (2) and (bb)(1),
(bb)(2), or (dd) or established by the administrator in accordance with
subparts AAAA through IIII of 40 CFR Part 97 and 40 CFR 51.123(ee) and 52.35,
as a means of mitigating interstate transport of ozone and nitrogen oxides.
"CAIR NOX source" means a source that
is subject to the CAIR NOX Annual Trading Program.
"CAIR permit" means the terms and conditions in a
Title V operating permit or state operating permit, issued by the permitting
authority under Article 3 (9VAC5-140-3200 et seq.) of this part, including any
permit revisions, specifying the CAIR SO2 Trading Program
requirements applicable to a CAIR SO2 source, to each CAIR SO2
unit at the source, and to the owners and operators and the CAIR-designated
representative of the source and each such unit.
"CAIR SO2 allowance" means a limited
authorization issued by the administrator under the Acid Rain Program, or by a
permitting authority under 9VAC5-140-3880, provisions of an implementation plan
that are approved under 40 CFR 51.124(o)(1) or (2) or (r), or 40 CFR 97.288, to
emit sulfur dioxide during the control period of the specified calendar year
for which the authorization is allocated or of any calendar year thereafter
under the CAIR SO2 Trading Program as specified in subdivisions 1
through 3 of this definition. No provision of the CAIR SO2 Annual
Trading Program, the CAIR permit application, the CAIR permit, or an exemption
under 9VAC5-140-3040 B or 9VAC5-140-3050 and no provision of law shall be
construed to limit the authority of the United States or the board to terminate
or limit such authorization, which does not constitute a property right.
1. For one CAIR SO2 allowance allocated for a
control period in a year before 2010, one ton of sulfur dioxide, except as
provided in 9VAC5-140-3540 B;
2. For one CAIR SO2 allowance allocated for a
control period in 2010 through 2014, 0.50 ton of sulfur dioxide, except as
provided in 9VAC5-140-3540 B; and
3. For one CAIR SO2 allowance allocated for a
control period in 2015 or later, 0.35 ton of sulfur dioxide, except as provided
in 9VAC5-140-3540 B.
4. An authorization to emit sulfur dioxide that is not
issued under 9VAC5-140-3880, under the Acid Rain Program under the provisions
of a state implementation plan that are approved under 40 CFR 51.124(o)(1) or
(2) or (r), or under 40 CFR 97.288 shall not be a CAIR SO2
allowance.
"CAIR SO2 allowance deduction" or
"deduct CAIR SO2 allowances" means the permanent
withdrawal of CAIR SO2 allowances by the administrator from a
compliance account, e.g., in order to account for a specified number of tons of
total sulfur dioxide emissions from all CAIR SO2 units at a CAIR SO2
source for a control period, determined in accordance with Article 8
(9VAC5-140-3700 et seq.) of this part, or to account for excess emissions.
"CAIR SO2 Allowance Tracking System"
means the system by which the administrator records allocations, deductions,
and transfers of CAIR SO2 allowances under the CAIR SO2
Trading Program. This is the same system as the Allowance Tracking System under
40 CFR 72.2 by which the administrator records allocations, deduction, and
transfers of acid rain SO2 allowances under the Acid Rain Program.
"CAIR SO2 Allowance Tracking System
account" means an account in the CAIR SO2 Allowance Tracking
System established by the administrator for purposes of recording the
allocation, holding, transferring, or deducting of CAIR SO2
allowances. Such allowances will be allocated, held, deducted, or transferred
only as whole allowances.
"CAIR SO2 allowances held" or
"hold CAIR SO2 allowances" means the CAIR SO2
allowances recorded by the administrator, or submitted to the administrator for
recordation, in accordance with Articles 6 (9VAC5-140-3500 et seq.), 7 (9VAC5-140-3600
et seq.), and 9 (9VAC5-140-3800 et seq.) of this part or 40 CFR Part 73, in a
CAIR SO2 Allowance Tracking System account.
"CAIR SO2 emissions limitation" means,
for a CAIR SO2 source, the tonnage equivalent, in SO2
emissions in a control period, of the CAIR SO2 allowances available
for deduction for the source under 9VAC5-140-3540 A and B for the control
period.
"CAIR SO2 source" means a source that
includes one or more CAIR SO2 units.
"CAIR SO2 Trading Program" means a
multi-state sulfur dioxide air pollution control and emission reduction program
approved and administered by the administrator in accordance with this part,
subparts AAA through III of 40 CFR Part 96, and 40 CFR 51.124 (o)(1) or (2) or
established by the administrator in accordance with subparts AAA through III of
40 CFR Part 97 and 40 CFR 51.124(r) and 52.36, as a means of mitigating
interstate transport of fine particulates and sulfur dioxide.
"CAIR SO2 unit" means a unit that is
subject to the CAIR SO2 Trading Program under 9VAC5-140-3040 and,
except for purposes of 9VAC5-140-3050, a CAIR SO2 opt-in unit under
Article 9 (9VAC5-140-3800 et seq.) of this part.
"Clean Air Act" or "CAA" means the
Clean Air Act, 42 USC § 7401 et seq.
"Coal" means any solid fuel classified as
anthracite, bituminous, subbituminous, or lignite.
"Coal-derived fuel" means any fuel (whether in a
solid, liquid, or gaseous state) produced by the mechanical, thermal, or
chemical processing of coal.
"Coal-fired" means combusting any amount of coal
or coal-derived fuel, alone, or in combination with any amount of any other
fuel.
"Cogeneration unit" means a stationary,
fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine:
1. Having equipment used to produce electricity and useful
thermal energy for industrial, commercial, heating, or cooling purposes through
the sequential use of energy;
2. Producing during the 12-month period starting on the date
the unit first produces electricity and during any calendar year after the
calendar year in which the unit first produces electricity:
a. For a topping-cycle cogeneration unit:
(1) Useful thermal energy not less than 5.0% of total
energy output; and
(2) Useful power that, when added to one-half of useful
thermal energy produced, is not less then 42.5% of total energy input, if
useful thermal energy produced is 15% or more of total energy output, or not
less than 45% of total energy input, if useful thermal energy produced is less
than 15% of total energy output.
b. For a bottoming-cycle cogeneration unit, useful power
not less than 45% of total energy input; and
3. Provided that the total energy input under subdivisions 2
a (2) and 2 b of this definition shall equal the unit's total energy input from
all fuel except biomass if the unit is a boiler.
"Combustion turbine" means:
1. An enclosed device comprising 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; and
2. If the enclosed device under subdivision 1 of this
definition is combined cycle, any associated duct burner, heat recovery steam
generator, and steam turbine.
"Commence commercial operation" means, with
regard to a unit:
1. 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 9VAC5-140-3050 and subdivision 8 of 9VAC5-140-3840.
a. For a unit that is a CAIR SO2 unit under
9VAC5-140-3040 on the later of November 15, 1990, or the date the unit
commences commercial operation as defined in subdivision 1 of this definition
and that subsequently undergoes a physical change (other than replacement of
the unit by a unit at the same source), such date shall remain the date of
commencement of commercial operation of the unit, which shall continue to be
treated as the same unit.
b. For a unit that is a CAIR SO2 unit under
9VAC5-140-3040 on the later of November 15, 1990, or the date the unit
commences commercial operation as defined in subdivision 1 of this definition
and that is subsequently replaced by a unit at the same source (e.g.,
repowered), such date shall remain the replaced unit's date of commencement of
commercial operation, and the replacement unit shall be treated as a separate
unit with a separate date for commencement of commercial operation as defined
in subdivision 1 or 2 of this definition as appropriate.
2. Notwithstanding subdivision 1 of this definition and except
as provided in 9VAC5-140-3050, for a unit that is not a CAIR SO2
unit under 9VAC5-140-3040 on the later of November 15, 1990, or the date the
unit commences commercial operation as defined in subdivision 1 of this
definition, the unit's date for commencement of commercial operation shall be
the date on which the unit becomes a CAIR SO2 unit under
9VAC5-140-3040.
a. For a unit with a date for commencement of commercial
operation as defined in subdivision 2 of this definition and that subsequently
undergoes a physical change (other than replacement of the unit by a unit at
the same source), such date shall remain the date of commencement of commercial
operation of the unit, which shall continue to be treated as the same unit.
b. For a unit with a date for commencement of commercial
operation as defined in subdivision 2 of this definition and that is
subsequently replaced by a unit at the same source (e.g., repowered), such date
shall remain the replaced unit's date of commencement of commercial operation
and the replacement unit shall be treated as a separate unit with a separate
date for commencement of commercial operation as defined in subdivision 1 or 2
of this definition as appropriate.
"Commence operation" means:
1. 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 subdivision 8 of 9VAC5-140-3840.
2. For a unit that undergoes a physical change (other than
replacement of the unit by a unit at the same source) after the date the unit
commences operation as defined in subdivision 1 of this definition, such date
shall remain the date of commencement of operation of the unit, which shall
continue to be treated as the same unit.
3. For a unit that is replaced by a unit at the same source
(e.g., repowered) after the date the unit commences operation as defined in
subdivision 1 of this definition, such date shall remain the replaced unit's
date of commencement of operation, and the replacement unit shall be treated as
a separate unit with a separate date for commencement of operation as defined
in subdivision 1, 2, or 3 of this definition as appropriate, except as provided
in subdivision 8 of 9VAC5-140-3840.
"Common stack" means a single flue through which
emissions from two or more units are exhausted.
"Compliance account" means a CAIR SO2
Allowance Tracking System account, established by the administrator for a CAIR
SO2 source subject to an acid rain emissions limitations under 40 CFR
73.31(a) or (b) or for any other CAIR SO2 source under Article 6
(9VAC5-140-3500 et seq.) or Article 9 (9VAC5-140-3800 et seq.) of this part, in
which any CAIR SO2 allowance allocations for the CAIR SO2
units at the source are initially recorded and in which are held any CAIR SO2
allowances available for use for a control period in order to meet the source's
CAIR SO2 emissions limitation in accordance with 9VAC5-140-3540.
"Continuous emission monitoring system" or
"CEMS" means the equipment required under Article 8 (9VAC5-140-3700
et seq.) of this part to sample, analyze, measure, and provide, by means of
readings recorded at least once every 15 minutes (using an automated data
acquisition and handling system (DAHS)), a permanent record of sulfur dioxide
emissions, stack gas volumetric flow rate, stack gas moisture content, and
oxygen or carbon dioxide concentration (as applicable), in a manner consistent
with 40 CFR Part 75. The following systems are the principal types of
continuous emission monitoring systems required under Article 8 (9VAC5-140-3700
et seq.) of this part:
1. A flow monitoring system, consisting of a stack flow rate
monitor and an automated data acquisition and handling system and providing a
permanent, continuous record of stack gas volumetric flow rate, in standard
cubic feet per hour (scfh);
2. A sulfur dioxide monitoring system, consisting of a SO2
pollutant concentration monitor and an automated data acquisition and handling
system and providing a permanent, continuous record of SO2
emissions, in parts per million (ppm);
3. A moisture monitoring system, as defined in 40 CFR
75.11(b)(2) and providing a permanent, continuous record of the stack gas
moisture content, in percent H2O;
4. A carbon dioxide monitoring system, consisting of a CO2
pollutant concentration monitor (or an oxygen monitor plus suitable
mathematical equations from which the CO2 concentration is derived)
and an automated data acquisition and handling system and providing a
permanent, continuous record of CO2 emissions, in percent CO2;
and
5. An oxygen monitoring system, consisting of an O2
concentration monitor and an automated data acquisition and handling system and
providing a permanent, continuous record of O2 in percent O2.
"Control period" means the period beginning
January 1 of a calendar year, except as provided in 9VAC5-140-3060 C 2, and
ending on December 31 of the same year, inclusive.
"Emissions" means air pollutants exhausted from a
unit or source into the atmosphere, as measured, recorded, and reported to the
administrator by the CAIR-designated representative and as determined by the
administrator in accordance with Article 8 (9VAC5-140-3700 et seq.) of this
part.
"Excess emissions" means any ton, or portion of a
ton, of sulfur dioxide emitted by the CAIR SO2 units at a CAIR SO2
source during a control period that exceeds the CAIR SO2 emissions
limitation for the source, provided that any portion of a ton of excess
emissions shall be treated as one ton of excess emissions.
"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,
combusting any amount of fossil fuel in any calendar year.
"General account" means a CAIR SO2
Allowance Tracking System account, established under Article 6 (9VAC5-140-3500
et seq.) of this part, that is not a compliance account.
"Generator" means a device that produces
electricity.
"Heat input" means, with regard to a specified
period of time, the product (in mmBtu/time) of the gross calorific value of the
fuel (in Btu/lb) divided by 1,000,000 Btu/mmBtu and multiplied by the fuel feed
rate into a combustion device (in lb of fuel/time), as measured, recorded, and
reported to the administrator by the CAIR-designated representative and
determined by the administrator in accordance with Article 8 (9VAC5-140-3700 et
seq.) of this part and excluding the heat derived from preheated combustion
air, recirculated flue gases, or exhaust from other sources.
"Heat input rate" means the amount of heat input
(in mmBtu) divided by unit operating time (in hr) or, with regard to a specific
fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the
unit operating time (in hr) during which the unit combusts the fuel.
"Hg Budget Trading Program" means a multistate Hg
air pollution control and emission reduction program approved and administered
by the administrator in accordance with Part VI (9VAC5-140-5010 et seq.) of
this chapter and 40 CFR 60.24(h)(6), or established by the administrator under
§ 111 of the Clean Air Act, as a means of reducing national Hg emissions.
"Implementation plan" means the portion or
portions of the state implementation plan, or the most recent revision thereof,
which 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 which 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
generated by 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 no less 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 maximum
amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a
steady state basis as of the initial installation of the unit as specified by
the manufacturer of the unit.
"Monitoring system" means any monitoring system
that meets the requirements of Article 8 (9VAC5-140-3700 et seq.) of this part,
including a continuous emissions monitoring system, an alternative monitoring
system, or an excepted monitoring system under 40 CFR Part 75.
"Most stringent state or federal SO2
emissions limitation" means, with regard to a unit, the lowest SO2
emissions limitation (in terms of 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 SO2 emissions limitation. The primary fuel shall be the
fuel designated in the permit as such or resulting in the lowest emissions
rate.
"Nameplate capacity" means, starting from the
initial installation of a generator, the maximum electrical generating output
(in MWe) that the generator is capable of producing on a steady state basis and
during continuous operation (when not restricted by seasonal or other
deratings) as of such installation as specified by the manufacturer of the
generator or, starting from the completion of any subsequent physical change in
the generator resulting in an increase in the maximum electrical generating
output (in MWe) that the generator is capable of producing on a steady state basis
and during continuous operation (when not restricted by seasonal or other
deratings), such increased maximum amount as of such completion as specified by
the person conducting the physical change.
"Nonattainment condition" means a condition where
any area is shown by air quality monitoring data or that is shown by an air
quality impact analysis (using modeling or other methods determined by the
board to be reliable) to exceed the levels allowed by the ambient air quality
standard for a given pollutant, regardless of whether such demonstration is
based on current or projected emissions data.
"Operator" means any person who operates,
controls, or supervises a CAIR SO2 unit or a CAIR SO2 source
and shall include, but not be limited to, any holding company, utility system,
or plant manager of such a unit or source.
"Owner" means any of the following persons:
1. With regard to a CAIR SO2 source or a CAIR SO2
unit at a source, respectively:
a. Any holder of any portion of the legal or equitable
title in a CAIR SO2 unit at the source or the CAIR SO2
unit;
b. Any holder of a leasehold interest in a CAIR SO2
unit at the source or the CAIR SO2 unit; or
c. Any purchaser of power from a CAIR SO2 unit
at the source or the CAIR SO2 unit under a life of the unit, firm
power contractual arrangement; provided that, 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) on the revenues or income from such
CAIR SO2 unit; or
2. With regard to any general account, any person who has an
ownership interest with respect to the CAIR SO2 allowances held in
the general account and who is subject to the binding agreement for the
CAIR-authorized account representative to represent the person's ownership
interest with respect to CAIR SO2 allowances.
"Permitting authority" means the state air pollution
control agency, local agency, other state agency, or other agency authorized by
the administrator to issue or revise permits to meet the requirements of the
CAIR SO2 Trading Program or, if no such agency has been so
authorized, the administrator. For the Commonwealth of Virginia, the permitting
authority shall be the State Air Pollution Control Board. The board will issue
or revise permits to meet the requirements of the CAIR SO2 Trading
Program in accordance with Article 3 (9VAC5-140-3200 et seq.) of this part.
"Potential electrical output capacity" means 33%
of a unit's maximum design heat input, divided by 3,413 Btu/kWh, divided by
1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
"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 hard copy or by
authorized electronic transmission), as indicated in an official 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 CAIR SO2 allowances, the
movement of CAIR SO2 allowances by the administrator into or between
CAIR SO2 Allowance Tracking System accounts, 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 40 CFR 75.22.
"Replacement," "replace," or "replaced"
means, with regard to a unit, the demolishing of a unit, or the permanent
shutdown and permanent disabling of a unit, and the construction of another
unit (the replacement unit) to be used instead of the demolished or shutdown
unit (the replaced unit).
"Repowered" means, with regard to a unit,
replacement of a coal-fired boiler with one of the following coal-fired
technologies at the same source as the coal-fired boiler:
1. Atmospheric or pressurized fluidized bed combustion;
2. Integrated gasification combined cycle;
3. Magnetohydrodynamics;
4. Direct and indirect coal-fired turbines;
5. Integrated gasification fuel cells; or
6. As determined by the administrator in consultation with
the Secretary of Energy, a derivative of one or more of the technologies under
subdivisions 1 through 5 of this definition and any other coal-fired technology
capable of controlling multiple combustion emissions simultaneously with
improved boiler or generation efficiency and with significantly greater waste
reduction relative to the performance of technology in widespread commercial
use as of January 1, 2005.
"Sequential use of energy" means:
1. For a topping-cycle cogeneration unit, the use of reject
heat from electricity production in a useful thermal energy application or
process; or
2. For a bottoming-cycle cogeneration unit, the use of
reject heat from useful thermal energy application or process in electricity
production.
"Serial number" means, for a CAIR SO2
allowance, the unique identification number assigned to each CAIR SO2
allowance by the administrator.
"Solid waste incineration unit" means a
stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired
combustion turbine that is a "solid waste incineration unit" as
defined in § 129(g)(1) of the Clean Air Act.
"Source" means all buildings, structures, or
installations located in one or more contiguous or adjacent properties under
common control of the same person or persons. For purposes of § 502(c) of the Clean
Air Act, 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 9VAC5-80 (Permits for
Stationary Sources).
"State operating permit regulations" means the
regulations codified in Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5-80
(Permits for Stationary Sources).
"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" or "service" 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 se seq.) of
Part II of 9VAC5-80 (Permits for Stationary Sources).
"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 9VAC5-80 (Permits for Stationary Sources).
"Ton" means 2,000 pounds. For the purpose of
determining compliance with the CAIR SO2 emissions limitation, total
tons of sulfur dioxide emissions for a control period shall be calculated as
the sum of all recorded hourly emissions (or the mass equivalent of the
recorded hourly emission rates) in accordance with Article 8 (9VAC5-140-3700 et
seq.) of this part, but with any remaining fraction of a ton equal to or
greater than 0.50 tons deemed to equal one ton and any remaining fraction of a
ton less than 0.50 tons deemed to equal zero tons.
"Topping-cycle cogeneration unit" means a
cogeneration unit in which the energy input to the unit is first used to
produce useful power, including electricity, and at least some of the reject
heat from the electricity production is then used to provide useful thermal
energy.
"Total energy input" means, with regard to a
cogeneration unit, total energy of all forms supplied to the cogeneration unit,
excluding energy produced by the cogeneration unit itself. Each form of energy
supplied shall be measured by the lower heating value of that form of energy
calculated as follows:
LHV = HHV 10.55(W + 9H)
where:
LHV = lower heating value of fuel in Btu/lb.
HHV = higher heating value of fuel in Btu/lb.
W = Weight percent of moisture in fuel.
H = Weight percent of hydrogen in fuel.
"Total energy output" means, with regard to a
cogeneration unit, the sum of useful power and useful thermal energy produced
by the cogeneration unit.
"Unit" means a stationary, fossil-fuel-fired
boiler or combustion turbine or other stationary, fossil-fuel-fired combustion
device.
"Unit operating day" means a calendar day in
which a unit combusts any fuel.
"Unit operating hour" or "hour of unit
operation" means an hour in which a unit combusts any fuel.
"Useful power" means, with regard to a
cogeneration unit, electricity or mechanical energy made available for use,
excluding any such energy used in the power production process (which process
includes, but is not limited to, any on-site processing or treatment of fuel
combusted at the unit and any on-site emission controls).
"Useful thermal energy" means, with regard to a
cogeneration unit, thermal energy that is:
1. Made available to an industrial or commercial process
(not a power production process), excluding any heat contained in condensate
return or makeup water;
2. Used in a heating application (e.g., space heating or
domestic hot water heating); or
3. Used in a space cooling application (i.e., thermal energy
used by an absorption chiller).
"Utility power distribution system" means the
portion of an electricity grid owned or operated by a utility and dedicated to
delivering electricity to customers.
9VAC5-140-3030. Measurements, abbreviations, and acronyms.
(Repealed.)
Measurements, abbreviations, and acronyms used in this part
are defined as follows:
Btu-British thermal unit.
CO2-carbon dioxide.
H2O-water.
Hg-mercury.
hr-hour.
kW-kilowatt electrical.
kWh-kilowatt hour.
lb-pound.
mmBtu-million Btu.
MWe-megawatt electrical.
MWh-megawatt hour.
NOX-nitrogen oxides.
O2-oxygen.
ppm-parts per million.
scfh-standard cubic feet per hour.
SO2-sulfur dioxide.
yr-year.
9VAC5-140-3040. Applicability. (Repealed.)
A. Except as provided in subsection B of this section:
1. The following units shall be CAIR SO2 units,
and any source that includes one or more such units shall be a CAIR SO2
source, subject to the requirements of this article and Articles 2
(9VAC5-140-3100 et seq.) through 8 (9VAC5-140-3700 et seq.) of this part: any
stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired
combustion turbine serving at any time, since the later of November 15, 1990,
or the start-up of the unit's combustion chamber, a generator with nameplate
capacity of more than 25 MWe producing electricity for sale.
2. If a stationary boiler or stationary combustion turbine
that, under subdivision 1 of this subsection, is not a CAIR SO2 unit
begins to combust fossil fuel or to serve a generator with nameplate capacity
of more than 25 MWe producing electricity for sale, the unit shall become a
CAIR SO2 unit as provided in subdivision 1 of this subsection on the
first date on which it both combusts fossil fuel and serves such generator.
B. The units that meet the requirements set forth in
subdivision 1 a, 2 a, or 2 b of this subsection shall not be CAIR SO2
units:
1. a. Any unit that is a CAIR SO2 unit under
subdivision A 1 or 2 of this section:
(1) Qualifying as a cogeneration unit during the 12-month
period starting on the date the unit first produces electricity and continuing
to qualify as a cogeneration unit; and
(2) Not serving at any time, since the later of November
15, 1990, or the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe supplying in any calendar year more than
one-third of the unit's potential electric output capacity or 219,000 MWh,
whichever is greater, to any utility power distribution system for sale.
b. If a unit qualifies as a cogeneration unit during the
12-month period starting on the date the unit first produces electricity and
meets the requirements of subdivision 1 a of this subsection for at least one
calendar year, but subsequently no longer meets all such requirements, the unit
shall become a CAIR SO2 unit starting on the earlier of January 1
after the first calendar year during which the unit first no longer qualifies
as a cogeneration unit or January 1 after the first calendar year during which
the unit no longer meets the requirements of subdivision 1 a (2) of this
subsection.
2. a. Any unit that is a CAIR SO2 unit under
subdivision A 1 or 2 of this section commencing operation before January 1,
1985:
(1) Qualifying as a solid waste incineration unit; and
(2) With an average annual fuel consumption of nonfossil
fuel for 1985-1987 exceeding 80% (on a Btu basis) and an average annual fuel
consumption of nonfossil fuel for any three consecutive calendar years after
1990 exceeding 80% (on a Btu basis).
b. Any unit that is a CAIR SO2 unit under
subdivision A 1 or 2 of this section commencing operation on or after January
1, 1985:
(1) Qualifying as a solid waste incineration unit; and
(2) With an average annual fuel consumption of nonfossil
fuel for the first three calendar years of operation exceeding 80% (on a Btu
basis) and an average annual fuel consumption of nonfossil fuel for any three
consecutive calendar years after 1990 exceeding 80% (on a Btu basis).
c. If a unit qualifies as a solid waste incineration unit
and meets the requirements of subdivision 2 a or b of this subsection for at
least three consecutive calendar years, but subsequently no longer meets all
such requirements, the unit shall become a CAIR SO2 unit starting on
the earlier of January 1 after the first calendar year during which the unit
first no longer qualifies as a solid waste incineration unit or January 1 after
the first three consecutive calendar years after 1990 for which the unit has an
average annual fuel consumption of fossil fuel of 20% or more.
9VAC5-140-3050. Retired unit exemption. (Repealed.)
A. 1. Any CAIR SO2 unit that is permanently
retired and is not a CAIR SO2 opt-in unit under Article 9
(9VAC5-140-3800 et seq.) of this part shall be exempt from the CAIR SO2
Trading Program, except for the provisions of this section, 9VAC5-140-3020,
9VAC5-140-3030, 9VAC4-140-3040, 9VAC5-140-3060 C 4 through 7, 9VAC5-140-3070,
9VAC5-140-3080, and Articles 2 (9VAC5-140-3100 et seq.), 6 (9VAC5-140-3500 et
seq.), and 7 (9VAC5-140-3600 et seq.) of this part.
2. The exemption under subdivision A 1 of this section shall
become effective the day on which the CAIR SO2 unit is permanently
retired. Within 30 days of the unit's permanent retirement, the CAIR-designated
representative shall submit a statement to the permitting authority otherwise
responsible for administering any CAIR permit for the unit and shall submit a
copy of the statement to the administrator. The statement shall state, in a
format acceptable to the permitting authority, that the unit was permanently
retired on a specific date and will comply with the requirements of subsection
B of this section.
3. After receipt of the statement under subdivision A 2 of
this section, the permitting authority will amend any permit under Article 3
(9VAC5-140-3200 et seq.) of this part covering the source at which the unit is
located to add the provisions and requirements of the exemption under
subdivision A 1 and subsection B of this section.
B. Special provisions for exempt units shall be as follows:
1. A unit exempt under subsection A of this section shall
not emit any sulfur dioxide, starting on the date that the exemption takes
effect.
2. For a period of five years from the date the records are
created, the owners and operators of a unit exempt under subsection A of 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 before 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.
3. The owners and operators and, to the extent applicable,
the CAIR-designated representative of a unit exempt under subsection A of this
section shall comply with the requirements of the CAIR SO2 Trading
Program concerning all periods for which the exemption is not in effect, even
if such requirements arise, or shall be complied with, after the exemption
takes effect.
4. A unit exempt under subsection A of 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 CAIR-designated representative of the source submits a complete CAIR permit
application under 9VAC5-140-3220 for the unit not less than 18 months (or such
lesser time provided by the permitting authority) before the later of January
1, 2010, or the date on which the unit resumes operation.
5. On the earlier of the following dates, a unit exempt
under subsection A of this section shall lose its exemption:
a. The date on which the CAIR-designated representative
submits a CAIR permit application for the unit under subdivision B 4 of this
section;
b. The date on which the CAIR-designated representative is
required under subdivision B 4 of this section to submit a CAIR permit
application for the unit; or
c. The date on which the unit resumes operation, if the
CAIR-designated representative is not required to submit a CAIR permit
application for the unit.
6. For the purpose of applying monitoring, reporting, and
recordkeeping requirements under Article 8 (9VAC5-140-3700 et seq.) of this
part, a unit that loses its exemption under subsection A of this section shall
be treated as a unit that commences commercial operation on the first date on
which the unit resumes operation.
9VAC5-140-3060. Standard requirements. (Repealed.)
A. Permit requirements shall be as follows:
1. The CAIR-designated representative of each CAIR SO2
source required to have a Title V operating permit and each CAIR SO2
unit required to have a Title V operating permit at the source shall:
a. Submit to the permitting authority a complete CAIR
permit application under 9VAC5-140-3220 in accordance with the deadlines
specified in 9VAC5-140-3210; and
b. Submit in a timely manner any supplemental information
that the permitting authority determines is necessary in order to review a CAIR
permit application and issue or deny a CAIR permit.
2. The owners and operators of each CAIR SO2
source required to have a Title V operating permit and each CAIR SO2
unit required to have a Title V operating permit at the source shall have a
CAIR permit issued by the permitting authority under Article 3 (9VAC5-140-3200
et seq.) of this part for the source and operate the source and the unit in compliance
with such CAIR permit.
3. Except as provided in Article 9 (9VAC5-140-3800 et seq.)
of this part, the owners and operators of a CAIR SO2 source that is
not otherwise required to have a Title V operating permit and each CAIR SO2
unit that is not otherwise required to have a Title V operating permit are not
required to submit a CAIR permit application, and to have a CAIR permit, under
Article 3 (9VAC5-140-3200 et seq.) of this part for such CAIR SO2
source and such CAIR SO2 unit.
B. Monitoring, reporting, and recordkeeping shall be
performed as follows:
1. The owners and operators, and the CAIR-designated
representative, of each CAIR SO2 source and each CAIR SO2
unit at the source shall comply with the monitoring, reporting, and
recordkeeping requirements of Article 8 (9VAC5-140-3700 et seq.) of this part.
2. The emissions measurements recorded and reported in
accordance with Article 8 (9VAC5-140-3700 et seq.) of this part shall be used
to determine compliance by each CAIR SO2 source with the CAIR SO2
emissions limitation under subsection C of this section.
C. Sulfur dioxide emission requirements shall be as
follows:
1. As of the allowance transfer deadline for a control
period, the owners and operators of each CAIR SO2 source and each
CAIR SO2 unit at the source shall hold, in the source's compliance
account, a tonnage equivalent in CAIR SO2 allowances available for
compliance deductions for the control period, as determined in accordance with
9VAC5-140-3540 A and B, not less than the tons of total sulfur dioxide
emissions for the control period from all CAIR SO2 units at the
source, as determined in accordance with Article 8 (9VAC5-140-3700 et seq.) of
this part.
2. A CAIR SO2 unit shall be subject to the
requirements under subdivision C 1 of this section for the control period
starting on the later of January 1, 2010, or the deadline for meeting the
unit's monitor certification requirements under 9VAC5-140-3700 C 1, 2, or 5 and
for each control period thereafter.
3. A CAIR SO2 allowance shall not be deducted,
for compliance with the requirements under subdivision C 1 of this section, for
a control period in a calendar year before the year for which the CAIR SO2
allowance was allocated.
4. CAIR SO2 allowances shall be held in, deducted
from, or transferred into or among CAIR SO2 Allowance Tracking
System accounts in accordance with Articles 6 (9VAC5-140-3500 et seq.), 7
(9VAC5-140-3600 et seq.) and 9 (9VAC5-140-3800 et seq.) of this part.
5. A CAIR SO2 allowance is a limited
authorization to emit sulfur dioxide in accordance with the CAIR SO2
Trading Program. No provision of the CAIR SO2 Trading Program, the
CAIR permit application, the CAIR permit, or an exemption under 9VAC5-140-3050
and no provision of law shall be construed to limit the authority of the state
or the United States to terminate or limit such authorization.
6. A CAIR SO2 allowance does not constitute a
property right.
7. Upon recordation by the administrator under Article 6
(9VAC5-140-3500 et seq.), 7 (9VAC5-140-3600 et seq.), or 9 (9VAC5-140-3800 et
seq.) of this part, every allocation, transfer, or deduction of a CAIR SO2
allowance to or from a CAIR SO2 source's compliance account is
incorporated automatically in any CAIR permit of the source.
D. If a CAIR SO2 source emits sulfur dioxide
during any control period in excess of the CAIR SO2 emissions
limitation, then:
1. The owners and operators of the source and each CAIR SO2
unit at the source shall surrender the CAIR SO2 allowances required
for deduction under 9VAC5-140-3540 D 1 and pay any fine, penalty, or assessment
or comply with any other remedy imposed, for the same violations, under the
Clean Air Act or the Virginia Air Pollution Control Law; and
2. Each ton of such excess emissions and each day of such
control period shall constitute a separate violation of this article, the Clean
Air Act, and the Virginia Air Pollution Control Law.
E. Recordkeeping and reporting shall be performed as
follows:
1. Unless otherwise provided, the owners and operators of
the CAIR SO2 source and each CAIR SO2 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 before the end of five years, in writing by the
permitting authority or the administrator.
a. The certificate of representation under 9VAC5-140-3130
for the CAIR-designated representative for the source and each CAIR SO2
unit at the source and all documents that demonstrate the truth of the
statements in the certificate of representation; 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
certificate of representation under 9VAC5-140-3130 changing the CAIR-designated
representative.
b. All emissions monitoring information, in accordance with
Article 8 (9VAC5-140-3700 et seq.) of this part, provided that to the extent
that Article 8 (9VAC5-140-3700 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 CAIR SO2
Trading Program.
d. Copies of all documents used to complete a CAIR permit
application and any other submission under the CAIR SO2 Trading
Program or to demonstrate compliance with the requirements of the CAIR SO2
Trading Program.
2. The CAIR-designated representative of a CAIR SO2 source
and each CAIR SO2 unit at the source shall submit the reports required under
the CAIR SO2 Trading Program, including those under Article 8 (9VAC5-140-3700
et seq.) of this part.
F. Liability shall be assigned as follows:
1. Each CAIR SO2 source and each CAIR SO2
unit shall meet the requirements of the CAIR SO2 Trading Program.
2. Any provision of the CAIR SO2 Trading Program
that applies to a CAIR SO2 source or the CAIR-designated
representative of a CAIR SO2 source shall also apply to the owners
and operators of such source and of the CAIR SO2 units at the
source.
3. Any provision of the CAIR SO2 Trading Program
that applies to a CAIR SO2 unit or the CAIR-designated
representative of a CAIR SO2 unit shall also apply to the owners and
operators of such unit.
G. No provision of the CAIR SO2 Trading Program,
a CAIR permit application, a CAIR permit, or an exemption under 9VAC5-140-3050
shall be construed as exempting or excluding the owners and operators, and the CAIR-designated
representative, of a CAIR SO2 source or CAIR SO2 unit
from compliance with any other provision of the applicable state implementation
plan, a state operating permit, the Virginia Air Pollution Control Law, or the
Clean Air Act.
9VAC5-140-3070. Computation of time. (Repealed.)
A. Unless otherwise stated, any time period scheduled,
under the CAIR SO2 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 CAIR SO2 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 CAIR SO2 Trading Program, falls on a weekend or a
state or federal holiday, the time period shall be extended to the next
business day.
9VAC5-140-3080. Appeal procedures. (Repealed.)
The appeal procedures for decisions of the administrator
under the CAIR SO2 Trading Program are set forth in 40 CFR Part 78.
Article 2
CAIR-designated Representative for CAIR SO2 Sources
9VAC5-140-3100. Authorization and responsibilities of
CAIR-designated representative. (Repealed.)
A. Except as provided under 9VAC5-140-3110, each CAIR SO2
source, including all CAIR SO2 units at the source, shall have one
and only one CAIR-designated representative, with regard to all matters under
the CAIR SO2 Trading Program concerning the source or any CAIR SO2
unit at the source.
B. The CAIR-designated representative of the CAIR SO2
source shall be selected by an agreement binding on the owners and operators of
the source and all CAIR SO2 units at the source and shall act in
accordance with the certification statement in 9VAC5-140-3130 A 4 d.
C. Upon receipt by the administrator of a complete
certificate of representation under 9VAC5-140-3130, the CAIR-designated
representative of the source shall represent and, by the CAIR-designated
representative's representations, actions, inactions, or submissions, legally
bind each owner and operator of the CAIR SO2 source represented and
each CAIR SO2 unit at the source in all matters pertaining to the
CAIR SO2 Trading Program, notwithstanding any agreement between the
CAIR-designated representative and such owners and operators. The owners and operators
shall be bound by any decision or order issued to the CAIR-designated
representative by the permitting authority, the administrator, or a court
regarding the source or unit.
D. No CAIR permit will be issued, no emissions data reports
will be accepted, and no CAIR SO2 Allowance Tracking System account
will be established for a CAIR SO2 unit at a source, until the
administrator has received a complete certificate of representation under
9VAC5-140-3130 for a CAIR-designated representative of the source and the CAIR
SO2 units at the source.
E. 1. Each submission under the CAIR SO2 Trading
Program shall be submitted, signed, and certified by the CAIR-designated
representative for each CAIR SO2 source on behalf of which the
submission is made. Each such submission shall include the following
certification statement by the CAIR-designated representative: "I am
authorized to make this submission on behalf of the owners and operators of the
source or 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 CAIR SO2
source or a CAIR SO2 unit only if the submission has been made,
signed, and certified in accordance with subdivision E 1 of this section.
9VAC5-140-3110. Alternate CAIR-designated representative.
(Repealed.)
A. A certificate of representation under 9VAC5-140-3130 may
designate one and only one alternate CAIR-designated representative, who may
act on behalf of the CAIR-designated representative. The agreement by which the
alternate CAIR-designated representative is selected shall include a procedure
for authorizing the alternate CAIR-designated representative to act in lieu of
the CAIR-designated representative.
B. Upon receipt by the administrator of a complete
certificate of representation under 9VAC5-140-3130, any representation, action,
inaction, or submission by the alternate CAIR-designated representative shall
be deemed to be a representation, action, inaction, or submission by the
CAIR-designated representative.
C. Except in this section and 9VAC5-140-3020,
9VAC5-140-3100 A and D, 9VAC5-140-3120, 9VAC5-140-3130, 9VAC5-140-3150,
9VAC5-140-3510, and 9VAC5-140-3820, whenever the term "CAIR-designated
representative" is used in this part, the term shall be construed to
include the CAIR-designated representative or any alternate CAIR-designated
representative.
9VAC5-140-3120. Changing CAIR-designated representative and
alternate CAIR-designated representative; changes in owners and operators. (Repealed.)
A. The CAIR-designated representative may be changed at any
time upon receipt by the administrator of a superseding complete certificate of
representation under 9VAC5-140-3130. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous
CAIR-designated representative before the time and date when the administrator
receives the superseding certificate of representation shall be binding on the
new CAIR-designated representative and the owners and operators of the CAIR SO2
source and the CAIR SO2 units at the source.
B. The alternate CAIR-designated representative may be
changed at any time upon receipt by the administrator of a superseding complete
certificate of representation under 9VAC5-140-3130. Notwithstanding any such
change, all representations, actions, inactions, and submissions by the
previous alternate CAIR-designated representative before the time and date when
the administrator receives the superseding certificate of representation shall
be binding on the new alternate CAIR-designated representative and the owners
and operators of the CAIR SO2 source and the CAIR SO2
units at the source.
C. Changes in owners and operators shall be established as
follows:
1. In the event an owner or operator of a CAIR SO2
source or a CAIR SO2 unit is not included in the list of owners and
operators in the certificate of representation under 9VAC5-140-3130, such owner
or operator shall be deemed to be subject to and bound by the certificate of
representation, the representations, actions, inactions, and submissions of the
CAIR-designated representative and any alternate CAIR-designated representative
of the source or unit, and the decisions and orders of the permitting
authority, the administrator, or a court, as if the owner or operator were
included in such list.
2. Within 30 days following any change in the owners and
operators of a CAIR SO2 source or a CAIR SO2 unit,
including the addition of a new owner or operator, the CAIR-designated
representative or any alternate CAIR-designated representative shall submit a
revision to the certificate of representation under 9VAC5-140-3130 amending the
list of owners and operators to include the change.
9VAC5-140-3130. Certificate of representation. (Repealed.)
A. A complete certificate of representation for a
CAIR-designated representative or an alternate CAIR-designated representative
shall include the following elements in a format prescribed by the administrator:
1. Identification of the CAIR SO2 source, and
each CAIR SO2 unit at the source, for which the certificate of
representation is submitted, including identification and nameplate capacity of
each generator served by each such unit.
2. The name, address, email address (if any), telephone
number, and facsimile transmission number (if any) of the CAIR-designated
representative and any alternate CAIR-designated representative.
3. A list of the owners and operators of the CAIR SO2
source and of each CAIR SO2 unit at the source.
4. The following certification statements by the
CAIR-designated representative and any alternate CAIR-designated
representative:
a. "I certify that I was selected as the
CAIR-designated representative or alternate CAIR-designated representative, as
applicable, by an agreement binding on the owners and operators of the source
and each CAIR SO2 unit at the source."
b. "I certify that I have all the necessary authority
to carry out my duties and responsibilities under the CAIR SO2
Trading Program on behalf of the owners and operators of the source and of each
CAIR SO2 unit at the source and that each such owner and operator
shall be fully bound by my representations, actions, inactions, or
submissions."
c. "I certify that the owners and operators of the
source and of each CAIR SO2 unit at the source shall be bound by any
order issued to me by the administrator, the permitting authority, or a court
regarding the source or unit."
d. "Where there are multiple holders of a legal or
equitable title to, or a leasehold interest in, a CAIR SO2 unit, or
where a utility or industrial customer purchases power from a CAIR SO2
unit under a life-of-the-unit, firm power contractual arrangement, I certify
that: I have given a written notice of my selection as the
"CAIR-designated representative' or "alternate CAIR-designated
representative,' as applicable, and of the agreement by which I was selected to
each owner and operator of the source and of each CAIR SO2 unit at
the source; and CAIR SO2 allowances and proceeds of transactions
involving CAIR SO2 allowances will be deemed to be held or
distributed in proportion to each holder's legal, equitable, leasehold, or
contractual reservation or entitlement, except that, if such multiple holders have
expressly provided for a different distribution of CAIR SO2
allowances by contract, CAIR SO2 allowances and proceeds of
transactions involving CAIR SO2 allowances will be deemed to be held
or distributed in accordance with the contract."
5. The signature of the CAIR-designated representative and
any alternate CAIR-designated representative and the dates signed.
B. Unless otherwise required by the permitting authority or
the administrator, documents of agreement referred to in the 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.
9VAC5-140-3140. Objections concerning CAIR-designated
representative. (Repealed.)
A. Once a complete certificate of representation under
9VAC5-140-3130 has been submitted and received, the permitting authority and
the administrator will rely on the certificate of representation unless and
until a superseding complete certificate of representation under 9VAC5-140-3130
is received by the administrator.
B. Except as provided in 9VAC5-140-3120 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 CAIR-designated representative shall affect any
representation, action, inaction, or submission of the CAIR-designated
representative or the finality of any decision or order by the permitting
authority or the administrator under the CAIR SO2 Trading Program.
C. Neither the permitting authority nor the administrator
will adjudicate any private legal dispute concerning the authorization or any
representation, action, inaction, or submission of any CAIR-designated
representative, including private legal disputes concerning the proceeds of
CAIR SO2 allowance transfers.
9VAC5-140-3150. Delegation by CAIR-designated representative
and alternate CAIR-designated representative. (Repealed.)
A. A CAIR-designated representative may delegate to one or more
natural persons his authority to make an electronic submission to the
administrator provided for or required under this part.
B. An alternate CAIR-designated representative may delegate
to one or more natural persons his authority to make an electronic submission
to the administrator provided for or required under this part.
C. In order to delegate authority to make an electronic
submission to the administrator in accordance with subsection A or B of this
section, the CAIR-designated representative or alternate CAIR-designated
representative, as appropriate, must submit to the administrator a notice of
delegation, in a format prescribed by the administrator, that includes the
following elements:
1. The name, address, email address, telephone number, and
facsimile transmission number (if any) of such CAIR-designated representative
or alternate CAIR-designated representative;
2. The name, address, email address, telephone number, and
facsimile transmission number (if any) of each such natural person (referred to
as an "agent");
3. For each such natural person, a list of the type or types
of electronic submissions under subsection A or B of this section for which
authority is delegated to him; and
4. The following certification statements by such CAIR-designated
representative or alternate CAIR-designated representative:
a. "I agree that any electronic submission to the
administrator that is by an agent identified in this notice of delegation and
of a type listed for such agent in this notice of delegation and that is made
when I am a CAIR-designated representative or alternate CAIR-designated
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 9VAC5-140-3150 D shall be
deemed to be an electronic submission by me."
b. "Until this notice of delegation is superseded by
another notice of delegation under 9VAC5-140-3150 D, I agree to maintain an
email account and to notify the administrator immediately of any change in my
email address unless all delegation of authority by me under 9VAC5-140-3150 is
terminated."
D. A notice of delegation submitted under subsection C of
this section shall be effective, with regard to the CAIR-designated
representative or alternate CAIR-designated representative identified in such
notice, upon receipt of such notice by the administrator and until receipt by
the administrator of a superseding notice of delegation submitted by such
CAIR-designated representative or alternate CAIR-designated representative, as
appropriate. The superseding notice of delegation may replace any previously
identified agent, add a new agent, or eliminate entirely any delegation of
authority.
E. Any electronic submission covered by the certification
in subdivision C 4 a of this section and made in accordance with a notice of
delegation effective under subsection D of this section shall be deemed to be
an electronic submission by the CAIR-designated representative or alternate
CAIR-designated representative submitting such notice of delegation.
Article 3
Permits
9VAC5-140-3200. General CAIR SO2 Trading Program
permit requirements. (Repealed.)
A. For each CAIR SO2 source required to have a
Title V operating permit or required, under Article 9 (9VAC5-140-3800 et seq.)
of this part, to have a Title V operating permit or state operating permit,
such permit shall include a CAIR permit administered by the permitting
authority for the Title V operating permit or the state operating permit as
applicable. The CAIR portion of the Title V permit or state operating permit as
applicable shall be administered in accordance with the permitting authority's
Title V operating permit regulations or regulations for state operating permits
as applicable, except as provided otherwise by 9VAC5-140-3050, this article,
and Article 9 (9VAC5-140-3800 et seq.) of this part.
B. Each CAIR permit shall contain, with regard to the CAIR
SO2 source and the CAIR SO2 units at the source covered
by the CAIR permit, all applicable CAIR SO2 Trading Program, CAIR NOX
Annual Trading Program, and CAIR NOX Ozone Season Trading Program
requirements and shall be a complete and separable portion of the Title V
operating permit or state operating permit under subsection A of this section.
9VAC5-140-3210. Submission of CAIR permit applications. (Repealed.)
A. The CAIR-designated representative of any CAIR SO2
source required to have a Title V operating permit shall submit to the permitting
authority a complete CAIR permit application under 9VAC5-140-3220 for the
source covering each CAIR SO2 unit at the source at least 18 months
(or such lesser time provided by the permitting authority) before the later of
January 1, 2010, or the date on which the CAIR SO2 unit commences
commercial operation, except as provided in 9VAC5-140-3830 A.
B. For a CAIR SO2 source required to have a
Title V operating permit, the CAIR-designated representative shall submit a
complete CAIR permit application under 9VAC5-140-3220 for the source covering
each CAIR SO2 unit at the source to renew the CAIR permit in
accordance with the permitting authority's Title V operating permit regulations
addressing permit renewal, except as provided in 9VAC5-140-3830 B.
9VAC5-140-3220. Information requirements for CAIR permit
applications. (Repealed.)
A complete CAIR permit application shall include the
following elements concerning the CAIR SO2 source for which the
application is submitted, in a format acceptable to the permitting authority:
1. Identification of the CAIR SO2 source;
2. Identification of each CAIR SO2 unit at the
CAIR SO2 source; and
3. The standard requirements under 9VAC5-140-3060.
9VAC5-140-3230. CAIR permit contents and term. (Repealed.)
A. Each CAIR permit will contain, in a format acceptable to
the permitting authority, all elements required for a complete CAIR permit
application under 9VAC5-140-3220.
B. Each CAIR permit is deemed to incorporate automatically
the definitions of terms under 9VAC5-140-3020 and, upon recordation by the
administrator under Article 6 (9VAC5-140-3500 et seq.), 7 (9VAC5-140-3600 et
seq.), or 9 (9VAC5-140-3800 et seq.) of this part, every allocation, transfer,
or deduction of a CAIR SO2 allowance to or from the compliance
account of the CAIR SO2 source covered by the permit.
C. The term of the CAIR permit will be set by the
permitting authority, as necessary to facilitate coordination of the renewal of
the CAIR permit with issuance, revision, or renewal of the CAIR SO2
source's Title V operating permit or state operating permit as applicable.
9VAC5-140-3240. CAIR permit revisions. (Repealed.)
Except as provided in 9VAC5-140-3230, the permitting
authority will revise the CAIR permit, as necessary, in accordance with the permitting
authority's Title V operating permit regulations or the permitting authority's
regulations for state operating permits as applicable addressing permit
revisions.
Article 4
[Reserved]
9VAC5-140-3300. (Reserved) (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.
Article 5
CAIR SO2 Allowance Allocations
9VAC5-140-3400. CAIR SO2 Annual trading budgets.
(Repealed.)
The state trading budgets for annual allocations of CAIR SO2
allowances for the control periods are as follows:
1. For use in each control period in 2010 through 2014, the
total number of SO2 tons apportioned to all CAIR SO2
units is 63,478.
2. For use in each control period in 2015 and thereafter,
the total number of SO2 tons apportioned to all CAIR SO2
units is 44,435.
9VAC5-140-3410. Timing requirements for CAIR SO2
allowance allocations. (Repealed.)
The timing requirements for the allocation of CAIR SO2
allowances shall be in accordance with 40 CFR Part 73.
9VAC5-140-3420. CAIR SO2 allowance allocations.
(Repealed.)
CAIR SO2 allowances shall be allocated in
accordance with 40 CFR Part 73.
Article 6
CAIR SO2 Allowance Tracking System
9VAC5-140-3500. (Reserved) (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.
9VAC5-140-3510. Establishment of accounts. (Repealed.)
A. Except as provided in subdivision 5 of 9VAC5-140-3840,
upon receipt of a complete certificate of representation under 9VAC5-140-3130,
the administrator will establish a compliance account for the CAIR SO2
source for which the certificate of representation was submitted, unless the
source already has a compliance account.
B. General accounts shall be established as follows:
1. Applications for general accounts shall be submitted as
follows:
a. Any person may apply to open a general account for the
purpose of holding and transferring CAIR SO2 allowances. An
application for a general account may designate one and only one
CAIR-authorized account representative and one and only one alternate
CAIR-authorized account representative who may act on behalf of the
CAIR-authorized account representative. The agreement by which the alternate
CAIR-authorized account representative is selected shall include a procedure
for authorizing the alternate CAIR-authorized account representative to act in
lieu of the CAIR-authorized account representative.
b. 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:
(1) Name, mailing address, email address (if any),
telephone number, and facsimile transmission number (if any) of the
CAIR-authorized account representative and any alternate CAIR-authorized
account representative;
(2) Organization name and type of organization, if
applicable;
(3) A list of all persons subject to a binding agreement
for the CAIR-authorized account representative and any alternate
CAIR-authorized account representative to represent their ownership interest
with respect to the CAIR SO2 allowances held in the general account;
(4) The following certification statement by the
CAIR-authorized account representative and any alternate CAIR-authorized
account representative: "I certify that I was selected as the
CAIR-authorized account representative or the alternate CAIR-authorized account
representative, as applicable, by an agreement that is binding on all persons
who have an ownership interest with respect to CAIR SO2 allowances
held in the general account. I certify that I have all the necessary authority
to carry out my duties and responsibilities under the CAIR SO2
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."
(5) The signature of the CAIR-authorized account
representative and any alternate CAIR-authorized account representative and the
dates signed.
c. Unless otherwise required by the permitting authority or
the administrator, documents of agreement referred to in the application for a
general account 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. Authorization of a CAIR-authorized account representative
and alternate CAIR-authorized account representative shall be established as
follows:
a. Upon receipt by the administrator of a complete
application for a general account under subdivision B 1 of this section:
(1) The administrator will establish a general account for
the person or persons for whom the application is submitted.
(2) The CAIR-authorized account representative and any
alternate CAIR-authorized account representative for the general account shall
represent and, by such persons' representations, actions, inactions, or
submissions, legally bind each person who has an ownership interest with
respect to CAIR SO2 allowances held in the general account in all
matters pertaining to the CAIR SO2 Trading Program, notwithstanding
any agreement between the CAIR-authorized account representative or any
alternate CAIR-authorized account representative and such person. Any such
person shall be bound by any order or decision issued to the CAIR-authorized
account representative or any alternate CAIR-authorized account representative
by the administrator or a court regarding the general account.
(3) Any representation, action, inaction, or submission by
any alternate CAIR-authorized account representative shall be deemed to be a
representation, action, inaction, or submission by the CAIR-authorized account
representative.
b. Each submission concerning the general account shall be
submitted, signed, and certified by the CAIR-authorized account representative
or any alternate CAIR-authorized account representative for the persons having
an ownership interest with respect to CAIR SO2 allowances held in
the general account. Each such submission shall include the following
certification statement by the CAIR-authorized account representative or any
alternate CAIR-authorized account representative: "I am authorized to make
this submission on behalf of the persons having an ownership interest with
respect to the CAIR SO2 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."
c. 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 B 2 b of this section.
3. Changing the CAIR-authorized account representative and
alternate CAIR-authorized account representative and changes in persons with
ownership interest shall be accomplished as follows:
a. The CAIR-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 B 1 of
this section. Notwithstanding any such change, all representations, actions,
inactions, and submissions by the previous CAIR-authorized account
representative before the time and date when the administrator receives the
superseding application for a general account shall be binding on the new
CAIR-authorized account representative and the persons with an ownership
interest with respect to the CAIR SO2 allowances in the general
account.
b. The alternate CAIR-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 B
1 of this section. Notwithstanding any such change, all representations,
actions, inactions, and submissions by the previous alternate CAIR-authorized
account representative before the time and date when the administrator receives
the superseding application for a general account shall be binding on the new
alternate CAIR-authorized account representative and the persons with an
ownership interest with respect to the CAIR SO2 allowances in the
general account.
c. (1) In the event a person having an ownership interest
with respect to CAIR SO2 allowances in the general account is not
included in the list of such persons in the application for a general account,
such person shall be deemed to be subject to and bound by the application for a
general account, the representation, actions, inactions, and submissions of the
CAIR-authorized account representative and any alternate CAIR-authorized
account representative of the account, and the decisions and orders of the
administrator or a court, as if the person were included in such list.
(2) Within 30 days following any change in the persons
having an ownership interest with respect to CAIR SO2 allowances in
the general account, including the addition of a new person, the
CAIR-authorized account representative or any alternate CAIR-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
CAIR SO2 allowances in the general account to include the change.
4. Objections concerning the CAIR-authorized account
representative and alternate CAIR-authorized account representative shall be
processed as follows:
a. Once a complete application for a general account under
subdivision B 1 of this section 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 B 1 of this section is
received by the administrator.
b. Except as provided in subdivision B 3 a or b of this
section, no objection or other communication submitted to the administrator
concerning the authorization, or any representation, action, inaction, or
submission of the CAIR-authorized account representative or any alternate
CAIR-authorized account representative for a general account shall affect any
representation, action, inaction, or submission of the CAIR-authorized account
representative or any alternate CAIR-authorized account representative or the
finality of any decision or order by the administrator under the CAIR SO2
Trading Program.
c. The administrator will not adjudicate any private legal
dispute concerning the authorization or any representation, action, inaction,
or submission of the CAIR-authorized account representative or any alternate
CAIR-authorized account representative for a general account, including private
legal disputes concerning the proceeds of CAIR SO2 allowance
transfers.
5. Delegation by CAIR-authorized account representative and
alternate CAIR-authorized account representative shall be as follows:
a. A CAIR-authorized account representative may delegate to
one or more natural persons his authority to make an electronic submission to
the administrator provided for or required under Article 6 (9VAC5-140-3500 et seq.)
and Article 7 (9VAC5-140-3600 et seq.) of this part.
b. An alternate CAIR-authorized account representative may
delegate to one or more natural persons his authority to make an electronic
submission to the administrator provided for or required under Article 6
(9VAC5-140-3500 et seq.) and Article 7 (9VAC5-140-3600 et seq.) of this part.
c. In order to delegate authority to make an electronic
submission to the administrator in accordance with subdivision a or b of this
subdivision 5, the CAIR-authorized account representative or alternate
CAIR-authorized account representative, as appropriate, must submit to the
administrator a notice of delegation, in a format prescribed by the
administrator, that includes the following elements:
(1) The name, address, email address, telephone number, and
facsimile transmission number (if any) of such CAIR-authorized account
representative or alternate CAIR-authorized account representative;
(2) The name, address, email address, telephone number,
and, facsimile transmission number (if any) of each such natural person
(referred to as an "agent");
(3) For each such natural person, a list of the type or
types of electronic submissions under subdivision a or b of this subdivision 5
for which authority is delegated to him;
(4) The following certification statement by such
CAIR-authorized account representative or alternate CAIR-authorized account
representative: "I agree that any electronic submission to the
administrator that is by an agent identified in this notice of delegation and
of a type listed for such agent in this notice of delegation and that is made
when I am a CAIR-authorized account representative or alternate CAIR-authorized
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 9VAC5-140-3510 B 5 d shall be
deemed to be an electronic submission by me."; and
(5) The following certification statement by such
CAIR-authorized account representative or alternate CAIR-authorized account
representative: "Until this notice of delegation is superseded by another
notice of delegation under 9VAC5-140-3510 B 5 d, I agree to maintain an email
account and to notify the administrator immediately of any change in my email
address unless all delegation of authority by me under 9VAC5-140-3510 B 5 is
terminated."
d. A notice of delegation submitted under subdivision c of
this subdivision 5 shall be effective, with regard to the CAIR-authorized
account representative or alternate CAIR-authorized account representative
identified in such notice, upon receipt of such notice by the administrator and
until receipt by the administrator of a superseding notice of delegation
submitted by such CAIR-authorized account representative or alternate
CAIR-authorized account representative, as appropriate. The superseding notice
of delegation may replace any previously identified agent, add a new agent, or
eliminate entirely any delegation of authority.
e. Any electronic submission covered by the certification
in subdivision c (4) of this subdivision 5 and made in accordance with a notice
of delegation effective under subdivision d of this subdivision 5 shall be
deemed to be an electronic submission by the CAIR-designated representative or
alternate CAIR-designated representative submitting such notice of delegation.
C. The administrator will assign a unique identifying
number to each account established under subsection A or B of this section.
9VAC5-140-3520. Responsibilities of CAIR-authorized account
representative. (Repealed.)
Following the establishment of a CAIR SO2
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 CAIR SO2 allowances in the
account, shall be made only by the CAIR-authorized account representative for
the account.
9VAC5-140-3530. Recordation of CAIR SO2
allowances. (Repealed.)
A. 1. After a compliance account is established under
9VAC5-140-3510 A or 40 CFR 73.31(a) or (b), the administrator will record in
the compliance account any CAIR SO2 allowance allocated to any CAIR
SO2 unit at the source for each of the 30 years starting the later
of 2010 or the year in which the compliance account is established and any CAIR
SO2 allowance allocated for each of the 30 years starting the later
of 2010 or the year in which the compliance account is established and
transferred to the source in accordance with Article 7 (9VAC5-140-3600 et seq.)
of this part or subpart D of 40 CFR Part 73.
2. In 2011 and each year thereafter, after administrator has
completed all deductions under 9VAC5-140-3540 B, the administrator will record
in the compliance account any CAIR SO2 allowance allocated to any
CAIR SO2 unit at the source for the new 30th year (i.e., the year
that is 30 years after the calendar year for which such deductions are or could
be made) and any CAIR SO2 allowance allocated for the new 30th year
and transferred to the source in accordance with Article 7 (9VAC5-140-3600 et
seq.) of this part or subpart D of 40 CFR Part 73.
B. 1. After a general account is established under
9VAC5-140-3510 B or 40 CFR 73.31(c), the administrator will record in the
general account any CAIR SO2 allowance allocated for each of the 30
years starting the later of 2010 or the year in which the general account is
established and transferred to the general account in accordance with Article 7
(9VAC5-140-3600 et seq.) of this part or subpart D of 40 CFR Part 73.
2. In 2011 and each year thereafter, after administrator has
completed all deductions under 9VAC5-140-3540 B, the administrator will record
in the general account any CAIR SO2 allowance allocated for the new
30th year (i.e., the year that is 30 years after the calendar year for which
such deductions are or could be made) and transferred to the general account in
accordance with Article 7 (9VAC5-140-3600 et seq.) of this part or subpart D of
40 CFR Part 73.
C. When recording the allocation of CAIR SO2
allowances issued by a permitting authority under 9VAC5-140-3880, the
administrator will assign each such CAIR SO2 allowance a unique
identification number that will include digits identifying the year of the
control period for which the CAIR SO2 allowance is allocated.
9VAC5-140-3540. Compliance with CAIR SO2 emissions
limitation. (Repealed.)
A. The CAIR SO2 allowances are available to be
deducted for compliance with a source's CAIR SO2 emissions limitation
for a control period in a given calendar year only if the CAIR SO2
allowances:
1. Were allocated for the control period in the year or a
prior year; and
2. Are held in the compliance account as of the allowance
transfer deadline for the control period or are transferred into the compliance
account by a CAIR SO2 allowance transfer correctly submitted for
recordation under 9VAC5-140-3600 and 9VAC5-140-3610 by the allowance transfer
deadline for the control period.
B. Following the recordation, in accordance with
9VAC5-140-3610, of CAIR SO2 allowance transfers submitted for
recordation in a source's compliance account by the allowance transfer deadline
for a control period, the administrator will deduct from the compliance account
CAIR SO2 allowances available under subsection A of this section in
order to determine whether the source meets the CAIR SO2 emissions
limitation for the control period as follows:
1. For a CAIR SO2 source subject to an acid rain
emissions limitation, the administrator will, in the following order:
a. Deduct the amount of CAIR SO2 allowances,
available under subsection A of this section and not issued by a permitting
authority under 9VAC5-140-3880, that is required under 40 CFR 73.35(b) and (c).
If there are sufficient CAIR SO2 allowances to complete this
deduction, the deduction will be treated as satisfying the requirements of 40
CFR 73.35(b) and (c).
b. Deduct the amount of CAIR SO2 allowances not
issued by a permitting authority under 9VAC5-140-3880, that is required under
40 CFR 73.35 and 77.5. If there are sufficient CAIR SO2 allowances
to complete this deduction, the deduction will be treated as satisfying the
requirements of 40 CFR 73.35(d) and 77.5.
c. Treating the CAIR SO2 allowances deducted
under subdivision B 1 a of this section as also being deducted under this
subdivision, deduct CAIR SO2 allowances available under subsection A
of this section (including any issued by a permitting authority under
9VAC5-140-3880 in order to determine whether the source meets the CAIR SO2
emissions limitation for the control period, as follows:
(1) Until the tonnage equivalent of the CAIR SO2
allowances deducted equals, or exceeds in accordance with subdivisions C 1 and
2 of this section, the number of tons of total sulfur dioxide emissions,
determined in accordance with Article 8 (9VAC5-140-3700 et seq.) of this part,
from all CAIR SO2 units at the source for the control period; or
(2) If there are insufficient CAIR SO2
allowances to complete the deductions in subdivision (1) of this subdivision,
until no more CAIR SO2 allowances available under subsection A of
this section (including any issued by a permitting authority under
9VAC5-140-3880 remain in the compliance account.
2. For a CAIR SO2 source not subject to an acid
rain emissions limitation, the administrator will deduct CAIR SO2
allowances available under subsection A of this section (including any issued
by a permitting authority under 9VAC5-140-3880 in order to determine whether
the source meets the CAIR SO2 emissions limitation for the control
period, as follows:
a. Until the tonnage equivalent of the CAIR SO2
allowances deducted equals, or exceeds in accordance with subdivisions C 1 and
2 of this section, the number of tons of total sulfur dioxide emissions, determined
in accordance with Article 8 (9VAC5-140-3700 et seq.) of this part, from all
CAIR SO2 units at the source for the control period; or
b. If there are insufficient CAIR SO2 allowances
to complete the deductions in subdivision a of this subdivision, until no more
CAIR SO2 allowances available under subsection A of this section
(including any issued by a permitting authority under 9VAC5-140-3880) remain in
the compliance account.
C. 1. The CAIR-authorized account representative for a
source's compliance account may request that specific CAIR SO2
allowances, identified by serial number, in the compliance account be deducted
for emissions or excess emissions for a control period in accordance with
subsection B or D of this section. Such request shall be submitted to the
administrator by the allowance transfer deadline for the control period and
include, in a format prescribed by the administrator, the identification of the
CAIR SO2 source and the appropriate serial numbers.
2. The administrator will deduct CAIR SO2
allowances under subsection B or D of this section from the source's compliance
account, in the absence of an identification or in the case of a partial
identification of CAIR SO2 allowances by serial number under
subdivision 1 of this subsection, on a first in, first out accounting basis in
the following order:
a. Any CAIR SO2 allowances that were allocated
to the units at the source for a control period before 2010, in the order of
recordation;
b. Any CAIR SO2 allowances that were allocated to
any entity for a control period before 2010 and transferred and recorded in the
compliance account pursuant to Article 7 (9VAC5-140-3600 et seq.) of this part
or subpart D of 40 CFR Part 73, in the order of recordation;
c. Any CAIR SO2 allowances that were allocated
to the units at the source for a control period during 2010 through 2014, in
the order of recordation;
d. Any CAIR SO2 allowances that were allocated
to any entity for a control period during 2010 through 2014 and transferred and
recorded in the compliance account pursuant to Article 7 (9VAC5-140-3600 et
seq.) of this part or subpart D of 40 CFR Part 73, in the order of recordation;
e. Any CAIR SO2 allowances that were allocated
to the units at the source for a control period in 2015 or later, in the order
of recordation; and
f. Any CAIR SO2 allowances that were allocated
to any entity for a control period in 2015 or later and transferred and
recorded in the compliance account pursuant to Article 7 (9VAC5-140-3600 et
seq.) of this part or subpart D of 40 CFR Part 73, in the order of recordation.
D. Deductions for excess emissions shall be made as
follows:
1. After making the deductions for compliance under
subsection B of this section for a control period in a calendar year in which
the CAIR SO2 source has excess emissions, the administrator will
deduct from the source's compliance account the tonnage equivalent in CAIR SO2
allowances, allocated for the control period in the immediately following
calendar year (including any issued by a permitting authority under
9VAC5-140-3880), equal to, or exceeding in accordance with subdivisions C 1 and
2 of this section three times the following amount: the number of tons of the
source's excess emissions minus, if the source is subject to an Acid Rain emissions
limitation, the amount of the CAIR SO2 allowances required to be
deducted under subdivision B 1 b of this section.
2. Any allowance deduction required under subdivision 1 of
this subdivision shall not affect the liability of the owners and operators of
the CAIR SO2 source or the CAIR SO2 units at the source
for any fine, penalty, or assessment, or their obligation to comply with any
other remedy, for the same violations, as ordered under the Clean Air Act or
the Virginia Air Pollution Control Law.
E. The administrator will record in the appropriate
compliance account all deductions from such an account under subsections B and
D of this section and Article 9 (9VAC5-140-3800 et seq.) of this part.
F. Administrator actions on submissions will occur as
follows:
1. The administrator may review and conduct independent
audits concerning any submission under the CAIR SO2 Trading Program
and make appropriate adjustments of the information in the submissions.
2. The administrator may deduct CAIR SO2 allowances
from or transfer CAIR SO2 allowances to a source's compliance
account based on the information in the submissions, as adjusted under
subdivision 1 of this subsection, and record such deductions and transfers.
9VAC5-140-3550. Banking. (Repealed.)
A. CAIR SO2 allowances may be banked for future
use or transfer in a compliance account or a general account in accordance with
subsection B of this section.
B. Any CAIR SO2 allowance that is held in a
compliance account or a general account will remain in such account unless and
until the CAIR SO2 allowance is deducted or transferred under
9VAC5-140-3540, 9VAC5-140-3560, or Article 7 (9VAC5-140-3600 et seq.) or
Article 9 (9VAC5-140-3800 et seq.) of this part.
9VAC5-140-3560. Account error. (Repealed.)
The administrator may, at the administrator's sole
discretion and on the administrator's own motion, correct any error in any CAIR
SO2 Allowance Tracking System account. Within 10 business days of
making such correction, the administrator will notify the CAIR-authorized
account representative for the account.
9VAC5-140-3570. Closing of general accounts. (Repealed.)
A. The CAIR-authorized account representative of a general
account may submit to the administrator a request to close the account, which shall
include a correctly submitted allowance transfer under 9VAC5-140-3600 and
9VAC5-140-3610 for any CAIR SO2 allowances in the account to one or
more other CAIR SO2 Allowance Tracking System accounts.
B. If a general account has no allowance transfers in or
out of the account for a 12-month period or longer and does not contain any
CAIR SO2 allowances, the administrator may notify the
CAIR-authorized account representative for the account that the account will be
closed 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 CAIR SO2
allowances into the account under 9VAC5-140-3600 and 9VAC5-140-3610 or a
statement submitted by the CAIR-authorized account representative demonstrating
to the satisfaction of the administrator good cause as to why the account
should not be closed.
Article 7
CAIR SO2 Allowance Transfers
9VAC5-140-3600. Submission of CAIR SO2 allowance
transfers. (Repealed.)
A. A CAIR-authorized account representative seeking
recordation of a CAIR SO2 allowance transfer shall submit the
transfer to the administrator. To be considered correctly submitted, the CAIR
SO2 allowance transfer shall include the following elements, in a
format specified by the administrator:
1. The account numbers of both the transferor and transferee
accounts;
2. The serial number of each CAIR SO2 allowance
that is in the transferor account and is to be transferred; and
3. The name and signature of the CAIR-authorized account
representatives of the transferor and transferee accounts and the dates signed.
B. 1. The CAIR-authorized account representative for the
transferee account can meet the requirements in subdivision A 3 of this section
by submitting, in a format prescribed by the administrator, a statement signed
by the CAIR-authorized account representative and identifying each account into
which any transfer of allowances, submitted on or after the date on which the
administrator receives such statement, is authorized. Such authorization shall
be binding on any CAIR-authorized account representative for such account and
shall apply to all transfers into the account that are submitted on or after
such date of receipt, unless and until the administrator receives a statement
signed by the CAIR-authorized account representative retracting the
authorization for the account.
2. The statement under subdivision 1 of this subsection
shall include the following: "By this signature I authorize any transfer
of allowances into each account listed herein, except that I do not waive any
remedies under state or federal law to obtain correction of any erroneous
transfers into such accounts. This authorization shall be binding on any
CAIR-authorized account representative for such account unless and until a
statement signed by the CAIR-authorized account representative retracting this authorization
for the account is received by the administrator."
9VAC5-140-3610. EPA recordation. (Repealed.)
A. Within five business days (except as necessary to
perform a transfer in perpetuity of CAIR SO2 allowances allocated to
a CAIR SO2 unit or as provided in subsection B of this section) of
receiving a CAIR SO2 allowance transfer, the administrator will
record a CAIR SO2 allowance transfer by moving each CAIR SO2
allowance from the transferor account to the transferee account as specified by
the request, provided that:
1. The transfer is correctly submitted under 9VAC5-140-3600;
2. The transferor account includes each CAIR SO2
allowance identified by serial number in the transfer; and
3. The transfer is in accordance with the limitation on
transfer under 40 CFR 74.42 and 74.47(c), as applicable.
B. A CAIR SO2 allowance transfer that is
submitted for recordation after the allowance transfer deadline for a control
period and that includes any CAIR SO2 allowances allocated for any
control period before such allowance transfer deadline will not be recorded
until after the administrator completes the deductions under 9VAC5-140-3540 for
the control period immediately before such allowance transfer deadline.
C. Where a CAIR SO2 allowance transfer submitted
for recordation fails to meet the requirements of subsection A of this section,
the administrator will not record such transfer.
9VAC5-140-3620. Notification. (Repealed.)
A. Within five business days of recordation of a CAIR SO2
allowance transfer under 9VAC5-140-3610, the administrator will notify the
CAIR-authorized account representatives of both the transferor and transferee
accounts.
B. Within 10 business days of receipt of a CAIR SO2
allowance transfer that fails to meet the requirements of 9VAC5-140-3610 A, the
administrator will notify the CAIR-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 CAIR SO2 allowance transfer for recordation following notification
of nonrecordation.
Article 8
Monitoring and Reporting
9VAC5-140-3700. General requirements. (Repealed.)
A. The owners and operators, and to the extent applicable,
the CAIR-designated representative, of a CAIR SO2 unit, shall comply
with the monitoring, recordkeeping, and reporting requirements as provided in
this article and in subparts F and G of 40 CFR Part 75. For purposes of
complying with such requirements, the definitions in 9VAC5-140-3020 and in 40
CFR 72.2 shall apply, and the terms "affected unit," "designated
representative," and "continuous emission monitoring system
(CEMS)" in 40 CFR Part 75 shall be deemed to refer to the terms "CAIR
SO2 unit," "CAIR-designated representative," and
"continuous emission monitoring system (CEMS)" respectively, as
defined in 9VAC5-140-3020. The owner or operator of a unit that is not a CAIR
SO2 unit but that is monitored under 40 CFR 75.16(b)(2) shall comply
with the same monitoring, recordkeeping, and reporting requirements as a CAIR
SO2 unit.
B. The owner or operator of each CAIR SO2 unit
shall:
1. Install all monitoring systems required under this
article for monitoring SO2 mass emissions and individual unit heat
input (including all systems required to monitor SO2 concentration,
stack gas moisture content, stack gas flow rate, CO2 or O2
concentration, and fuel flow rate, as applicable, in accordance with 40 CFR
75.11 and 75.16);
2. Successfully complete all certification tests required
under 9VAC5-140-3710 and meet all other requirements of this article and 40 CFR
Part 75 applicable to the monitoring systems under subdivision 1 of this
subsection; and
3. Record, report, and quality-assure the data from the
monitoring systems under subdivision 1 of this subsection.
C. Except as provided in subsection F of this section, the
owner or operator shall meet the monitoring system certification and other
requirements of subdivisions B 1 and 2 of this section on or before the
following dates. The owner or operator shall record, report, and quality-assure
the data from the monitoring systems under subdivision B 1 of this section on
and after the following dates.
1. For the owner or operator of a CAIR SO2 unit
that commences commercial operation before July 1, 2008, by January 1, 2009.
2. For the owner or operator of a CAIR SO2 unit
that commences commercial operation on or after July 1, 2008, by the later of
the following dates:
a. January 1, 2009; or
b. Ninety unit operating days or 180 calendar days,
whichever occurs first, after the date on which the unit commences commercial
operation.
3. For the owner or operator of a CAIR SO2 unit
for which construction of a new stack or flue or installation of add-on SO2
emission controls is completed after the applicable deadline under subdivision
1, 2, 4, or 5 of this subsection, by 90 unit operating days or 180 calendar
days, whichever occurs first, after the date on which emissions first exit to
the atmosphere through the new stack or flue or add-on SO2 emissions
controls.
4. Notwithstanding the dates in subdivisions 1 and 2 of this
subsection, for the owner or operator of a unit for which a CAIR opt-in permit
application is submitted and not withdrawn and a CAIR opt-in permit is not yet
issued or denied under Article 9 (9VAC5-140-3800 et seq.) of this part, by the
date specified in subdivision 2 of 9VAC5-140-3840.
5. Notwithstanding the dates in subdivisions 1 and 2 of this
subsection, for the owner or operator of a CAIR SO2 opt-in unit
under Article 9 (9VAC5-140-3800 et seq.) of this part, by the date on which the
CAIR SO2 opt-in unit enters the CAIR SO2 Trading Program
as provided in subdivision 7 of 9VAC5-140-3840.
D. The owner or operator of a CAIR SO2 unit that
does not meet the applicable compliance date set forth in subsection C of this
section for any monitoring system under subdivision B 1 of this section shall,
for each such monitoring system, determine, record, and report maximum
potential (or, as appropriate, minimum potential) values for SO2
concentration, stack gas flow rate, stack gas moisture content, fuel flow rate,
and any other parameters required to determine SO2 mass emissions
and heat input in accordance with 40 CFR 75.31(b)(2) or (c)(3) or section 2.4
of appendix D to 40 CFR Part 75, as applicable.
E. The following prohibitions shall apply.
1. No owner or operator of a CAIR SO2 unit shall
use any alternative monitoring system, alternative reference method, or any
other alternative to any requirement of this article without having obtained
prior written approval in accordance with 9VAC5-140-3750.
2. No owner or operator of a CAIR SO2 unit shall
operate the unit so as to discharge, or allow to be discharged, SO2
emissions to the atmosphere without accounting for all such emissions in
accordance with the applicable provisions of this article and 40 CFR Part 75.
3. No owner or operator of a CAIR SO2 unit shall
disrupt the continuous emission monitoring system, any portion thereof, or any
other approved emission monitoring method, and thereby avoid monitoring and
recording SO2 mass emissions discharged into the atmosphere or heat
input, 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.
4. No owner or operator of a CAIR SO2 unit shall
retire or permanently discontinue use of the continuous emission monitoring
system, any component thereof, or any other approved monitoring system under
this article, except under any one of the following circumstances:
a. During the period that the unit is covered by an
exemption under 9VAC5-140-3050 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 CAIR-designated representative submits notification
of the date of certification testing of a replacement monitoring system for the
retired or discontinued monitoring system in accordance with 9VAC5-140-3710 D 3
a.
F. The owner or operator of a CAIR SO2 unit is
subject to the applicable provisions of 40 CFR Part 75 concerning units in
long-term cold storage.
9VAC5-140-3710. Initial certification and recertification
procedures. (Repealed.)
A. The owner or operator of a CAIR SO2 unit
shall be exempt from the initial certification requirements of this section for
a monitoring system under 9VAC5-140-3700 B 1 if the following conditions are
met:
1. The monitoring system has been previously certified in
accordance with 40 CFR Part 75; and
2. The applicable quality-assurance and quality-control
requirements of 40 CFR 75.21 and appendix B and appendix D to 40 CFR Part 75
are fully met for the certified monitoring system described in subdivision 1 of
this subsection.
B. The recertification provisions of this section shall
apply to a monitoring system under 9VAC5-140-3700 B 1 exempt from initial
certification requirements under subsection A of this section.
C. (Reserved.)
D. Except as provided in subsection A of this section, the
owner or operator of a CAIR SO2 unit shall comply with the following
initial certification and recertification procedures, for a continuous
monitoring system (i.e., a continuous emission monitoring system and an
excepted monitoring system under appendix D to 40 CFR Part 75) under
9VAC5-140-3700 B 1. The owner or operator of a unit that qualifies to use the
low mass emissions excepted monitoring methodology under 40 CFR 75.19 or that
qualifies to use an alternative monitoring system under subpart E of 40 CFR
Part 75 shall comply with the procedures in subsection E or F of this section,
respectively.
1. The owner or operator shall ensure that each continuous
monitoring system under 9VAC5-140-3700 B 1 (including the automated data
acquisition and handling system) successfully completes all of the initial
certification testing required under 40 CFR 75.20 by the applicable deadline in
9VAC5-140-3700 C. In addition, whenever the owner or operator installs a
monitoring system to meet the requirements of this article in a location where
no such monitoring system was previously installed, initial certification in
accordance with 40 CFR 75.20 is required.
2. Whenever the owner or operator makes a replacement,
modification, or change in any certified continuous emission monitoring system
under 9VAC5-140-3700 B 1 that may significantly affect the ability of the
system to accurately measure or record SO2 mass emissions or heat
input rate or to meet the quality-assurance and quality-control requirements of
40 CFR 75.21 or appendix B to 40 CFR Part 75, the owner or operator shall
recertify the monitoring system in accordance with 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 each continuous emission monitoring system whose
accuracy is potentially affected by the change, in accordance with 40 CFR
75.20(b). Examples of changes to a continuous emission monitoring system 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. Any fuel flowmeter
system under 9VAC5-140-3700 B 1 is subject to the recertification requirements
in 40 CFR 75.20(g)(6).
3. Subdivisions a through d of this subdivision apply to
both initial certification and recertification of a continuous monitoring
system under 9VAC5-140-3700 B 1. For recertifications, replace the words
"certification" and "initial certification" with the word
"recertification," replace the word "certified" with the
word "recertified," and follow the procedures in 40 CFR 75.20(b)(5)
and (g)(7) in lieu of the procedures in subdivision e of this subdivision.
a. The CAIR-designated representative shall submit to the
permitting authority, the EPA Region III Office, and the administrator written
notice of the dates of certification testing, in accordance with
9VAC5-140-3730.
b. The CAIR-designated representative shall submit to the
permitting authority a certification application for each monitoring system. A
complete certification application shall include the information specified in
40 CFR 75.63.
c. The provisional certification date for a monitoring
system shall be determined in accordance with 40 CFR 75.20(a)(3). A
provisionally certified monitoring system may be used under the CAIR SO2
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 b of this subdivision. Data measured and
recorded by the provisionally certified monitoring system, in accordance with
the requirements of 40 CFR Part 75, will 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 the date of receipt of the
complete certification application by the permitting authority.
d. The permitting authority will 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 b of this subdivision. 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 CAIR SO2 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) 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 CAIR-designated representative shall submit the
additional information required to complete the certification application. If
the CAIR-designated 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) of this subdivision. The 120-day
review period shall not begin before receipt of a complete certification
application.
(3) If the certification application shows that any
monitoring system does not meet the performance requirements of 40 CFR Part 75
or if the certification application is incomplete and the requirement for
disapproval under subdivision (2) of this subdivision is met, then 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 (as defined under 40 CFR 75.20(a)(3)). The owner or
operator shall follow the procedures for loss of certification in subdivision e
of this subdivision for each monitoring system that is disapproved for initial
certification.
(4) The permitting authority or, for a CAIR SO2
opt-in unit or a unit for which a CAIR opt-in permit application is submitted
and not withdrawn and a CAIR opt-in permit is not yet issued or denied under
Article 9 (9VAC5-140-3800 et seq.) of this part, the administrator may issue a
notice of disapproval of the certification status of a monitor in accordance
with 9VAC5-140-3720 B.
e. If the permitting authority or the administrator issues
a notice of disapproval of a certification application under subdivision d (3)
of this subdivision or a notice of disapproval of certification status under
subdivision d (4) of this subdivision, then:
(1) The owner or operator shall substitute the following
values, for each disapproved monitoring system, 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(g)(7), or 40 CFR 75.21(e) and continuing until the applicable date
and hour specified under 40 CFR 75.20(a)(5)(i) or (g)(7):
(a) For a disapproved SO2 pollutant
concentration monitor and disapproved flow monitor, respectively, the maximum
potential concentration of SO2 and the maximum potential flow rate,
as defined in sections 2.1.1.1 and 2.1.4.1 of appendix A to 40 CFR Part 75.
(b) For a disapproved moisture monitoring system and
disapproved diluent gas monitoring system, respectively, the minimum potential
moisture percentage and either the maximum potential CO2
concentration or the minimum potential O2 concentration (as
applicable), as defined in sections 2.1.5, 2.1.3.1, and 2.1.3.2 of appendix A
to 40 CFR Part 75.
(c) For a disapproved fuel flowmeter system, the maximum
potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to 40 CFR
Part 75.
(2) The CAIR-designated representative shall submit a
notification of certification retest dates and a new certification application
in accordance with subdivisions a and b of this subdivision.
(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 or the administrator's notice of
disapproval, no later than 30 unit operating days after the date of issuance of
the notice of disapproval.
E. The owner or operator of a unit qualified to use the low
mass emissions (LME) excepted methodology under 40 CFR 75.19 shall meet the
applicable certification and recertification requirements in 40 CFR 75.19(a)(2)
and 75.20(h). If the owner or operator of such a unit elects to certify a fuel
flowmeter system for heat input determination, the owner or operator shall also
meet the certification and recertification requirements in 40 CFR 75.20(g).
F. The CAIR-designated representative of each unit for
which the owner or operator intends to use an alternative monitoring system
approved by the administrator and, if applicable, the permitting authority
under subpart E of 40 CFR Part 75 shall comply with the applicable notification
and application procedures of 40 CFR 75.20(f).
9VAC5-140-3720. Out of control periods. (Repealed.)
A. Whenever any monitoring system fails to meet the quality
assurance and quality control requirements or data validation requirements of
40 CFR Part 75, data shall be substituted using the applicable missing data
procedures in subpart D of or appendix D to 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 monitoring system should not have been certified or recertified because it
did not meet a particular performance specification or other requirement under
9VAC5-140-3710 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 or, for a CAIR SO2
opt-in unit or a unit for which a CAIR opt-in permit application is submitted
and not withdrawn and a CAIR opt-in permit is not yet issued or denied under
Article 9 (9VAC5-140-3800 et seq.) of this part, the administrator will issue a
notice of disapproval of the certification status of such monitoring 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
or the administrator revokes prospectively the certification status of the
monitoring system. The data measured and recorded by the monitoring 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 for the monitoring system. The owner or
operator shall follow the applicable initial certification or recertification
procedures in 9VAC5-140-3710 for each disapproved monitoring system.
9VAC5-140-3730. Notifications. (Repealed.)
The CAIR-designated representative for a CAIR SO2
unit shall submit written notice to the permitting authority and the
administrator in accordance with 40 CFR 75.61.
9VAC5-140-3740. Recordkeeping and reporting. (Repealed.)
A. The CAIR-designated representative shall comply with all
recordkeeping and reporting requirements in this section, the applicable recordkeeping
and reporting requirements in subparts F and G of 40 CFR Part 75, and the
requirements of 9VAC5-140-3100 E 1.
B. The owner or operator of a CAIR SO2 unit
shall comply with requirements of 40 CFR 75.62 and, for a unit for which a CAIR
opt-in permit application is submitted and not withdrawn and a CAIR opt-in
permit is not yet issued or denied under Article 9 (9VAC5-140-3800 et seq.) of
this part, 9VAC5-140-3830 and subdivision 1 of 9VAC5-140-3840.
C. The CAIR-designated representative shall submit an
application to the permitting authority within 45 days after completing all
initial certification or recertification tests required under 9VAC5-140-3710,
including the information required under 40 CFR 75.63.
D. The CAIR-designated representative shall submit
quarterly reports, as follows:
1. The CAIR-designated representative shall report the SO2
mass emissions data and heat input data for the CAIR SO2 unit, in an
electronic quarterly report in a format prescribed by the administrator, for
each calendar quarter beginning with:
a. For a unit that commences commercial operation before
July 1, 2008, the calendar quarter covering January 1, 2009, through March 31,
2009;
b. For a unit that commences commercial operation on or
after July 1, 2008, the calendar quarter corresponding to the earlier of the
date of provisional certification or the applicable deadline for initial
certification under 9VAC5-140-3700 C, unless that quarter is the third or
fourth quarter of 2008, in which case reporting shall commence in the quarter
covering January 1, 2009 through March 31, 2009;
c. Notwithstanding subdivisions a and b of this subdivision
1, for a unit for which a CAIR opt-in permit application is submitted and not
withdrawn and a CAIR opt-in permit is not yet issued or denied under Article 9
(9VAC5-140-3800 et seq.) of this part, the calendar quarter corresponding to
the date specified in subdivision 2 of 9VAC5-140-3840; and
d. Notwithstanding subdivisions a and b of this subdivision
1, for a CAIR SO2 opt-in unit under Article 9 (9VAC5-140-3800 et
seq.) of this part, the calendar quarter corresponding to the date on which the
CAIR SO2 opt-in unit enters the CAIR SO2 Trading Program
as provided in subdivision 7 of 9VAC5-140-3840.
2. The CAIR-designated 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 40 CFR 75.64.
3. For CAIR SO2 units that are also subject to an
acid rain emissions limitation or the CAIR NOX Annual Trading
Program, CAIR NOX Ozone Season Trading Program, or Hg Trading
Program, quarterly reports shall include the applicable data and information
required by subparts F through I of 40 CFR Part 75 as applicable, in addition
to the SO2 mass emission data, heat input data, and other
information required by this article.
E. The CAIR-designated representative shall submit to the
administrator a compliance certification (in a format prescribed by the
administrator) 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:
1. 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
2. For a unit with add-on SO2 emission controls
and for all hours where SO2 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 quality assurance/quality control program
under appendix B to 40 CFR Part 75 and the substitute data values do not
systematically underestimate SO2 emissions.
9VAC5-140-3750. Petitions. (Repealed.)
A. The CAIR-designated representative of a CAIR SO2
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. 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 in writing by the administrator, in
consultation with the permitting authority.
B. The CAIR-designated representative of a CAIR SO2
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.
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
in writing by both the permitting authority and the administrator.
Article 9
CAIR SO2 Opt-in Units
9VAC5-140-3800. Applicability. (Repealed.)
A CAIR SO2 opt-in unit shall be a unit that:
1. Is located in the state;
2. Is not a CAIR SO2 unit under 9VAC5-140-3040 and
is not covered by a retired unit exemption under 9VAC5-140-3050 that is in
effect;
3. Is not covered by a retired unit exemption under 40 CFR
72.8 that is in effect and is not an opt-in source under 40 CFR Part 74;
4. Has or is required or qualified to have a Title V
operating permit or state operating permit; and
5. Vents all of its emissions to a stack and can meet the
monitoring, recordkeeping, and reporting requirements of Article 8
(9VAC5-140-3700 et seq.) of this part.
9VAC5-140-3810. General. (Repealed.)
A. Except as otherwise provided in 9VAC5-140-3010 through
9VAC5-140-3040, 9VAC5-140-3060 through 9VAC5-140-3080, and Articles 2
(9VAC5-140-3100 et seq.), 3 (9VAC5-140-3200 et seq.), 6 (9VAC5-140-3500 et seq.),
7 (9VAC5-140-3600 et seq.), and 8 (9VAC5-140-3700 et seq.) of this part, a CAIR
SO2 opt-in unit shall be treated as a CAIR SO2 unit for
purposes of applying such sections and articles of this part.
B. Solely for purposes of applying, as provided in this
article, the requirements of Article 8 (9VAC5-140-3700 et seq.) of this part to
a unit for which a CAIR opt-in permit application is submitted and not
withdrawn and a CAIR opt-in permit is not yet issued or denied under this
article, such unit shall be treated as a CAIR SO2 unit before
issuance of a CAIR opt-in permit for such unit.
9VAC5-140-3820. CAIR-designated representative. (Repealed.)
Any CAIR SO2 opt-in unit, and any unit for which
a CAIR opt-in permit application is submitted and not withdrawn and a CAIR
opt-in permit is not yet issued or denied under this article, located at the
same source as one or more CAIR SO2 units shall have the same
CAIR-designated representative and alternate CAIR-designated representative as
such CAIR SO2 units.
9VAC5-140-3830. Applying for CAIR opt-in permit. (Repealed.)
A. The CAIR-designated representative of a unit meeting the
requirements for a CAIR SO2 opt-in unit in 9VAC5-140-3800 may apply for
an initial CAIR opt-in permit at any time, except as provided under
9VAC5-140-3860 G and H, and, in order to apply, shall submit the following:
1. A complete CAIR permit application under 9VAC5-140-3220;
2. A certification, in a format acceptable to the permitting
authority, that the unit:
a. Is not a CAIR SO2 unit under 9VAC5-140-3040
and is not covered by a retired unit exemption under 9VAC5-140-3050 that is in
effect;
b. Is not covered by a retired unit exemption under 40 CFR
72.8 that is in effect;
c. Is not and, so long as the unit is a CAIR SO2
opt-in unit, will not become, an opt-in source under 40 CFR Part 74;
d. Vents all of its emissions to a stack; and
e. Has documented heat input for more than 876 hours during
the six months immediately preceding submission of the CAIR permit application
under 9VAC5-140-3220;
3. A monitoring plan in accordance with Article 8
(9VAC5-140-3700 et seq.) of this part;
4. A complete certificate of representation under
9VAC5-140-3130 consistent with 9VAC5-140-3820, if no CAIR-designated
representative has been previously designated for the source that includes the
unit; and
5. A statement, in a format acceptable to the permitting
authority, whether the CAIR-designated representative requests that the unit be
allocated CAIR SO2 allowances under 9VAC5-140-3880 B or C (subject
to the conditions in subdivision 8 of 9VAC5-140-3840 and 9VAC5-140-3860 H). If
allocation under 9VAC5-140-3880 C is requested, this statement shall include a
statement that the owners and operators of the unit intend to repower the unit
before January 1, 2015, and that they will provide, upon request, documentation
demonstrating such intent.
B. Opt-in permit renewal shall be required as follows:
1. The CAIR-designated representative of a CAIR SO2
opt-in unit shall submit a complete CAIR permit application under
9VAC5-140-3220 to renew the CAIR opt-in unit permit in accordance with the
permitting authority's regulations for Title V operating permits, or the
permitting authority's regulations for state operating permits if applicable,
addressing permit renewal.
2. Unless the permitting authority issues a notification of
acceptance of withdrawal of the CAIR SO2 opt-in unit from the CAIR
SO2 Trading Program in accordance with 9VAC5-140-3860 or the unit
becomes a CAIR SO2 unit under 9VAC5-140-3040, the CAIR SO2
opt-in unit shall remain subject to the requirements for a CAIR SO2
opt-in unit, even if the CAIR-designated representative for the CAIR SO2
opt-in unit fails to submit a CAIR permit application that is required for
renewal of the CAIR opt-in permit under subdivision 1 of this subsection.
9VAC5-140-3840. Opt-in process. (Repealed.)
The permitting authority will issue or deny a CAIR opt-in
permit for a unit for which an initial application for a CAIR opt-in permit
under 9VAC5-140-3830 is submitted in accordance with the following:
1. The permitting authority and the administrator will
determine, on an interim basis, the sufficiency of the monitoring plan
accompanying the initial application for a CAIR opt-in permit under
9VAC5-140-3830. A monitoring plan is sufficient, for purposes of interim
review, if the plan appears to contain information demonstrating that the SO2
emissions rate and heat input of the unit and all other applicable parameters
are monitored and reported in accordance with Article 8 (9VAC5-140-3700 et
seq.) of this part. A determination of sufficiency shall not be construed as
acceptance or approval of the monitoring plan.
2. Monitoring and reporting shall be as follows:
a. (1) If the permitting authority and the administrator
determine that the monitoring plan is sufficient under subdivision 1 of this
section, the owner or operator shall monitor and report the SO2
emissions rate and the heat input of the unit and all other applicable
parameters, in accordance with Article 8 (9VAC5-140-3700 et seq.) of this part,
starting on the date of certification of the appropriate monitoring systems
under Article 8 (9VAC5-140-3700 et seq.) of this part and continuing until a
CAIR opt-in permit is denied under subdivision 6 of this section or, if a CAIR
opt-in permit is issued, the date and time when the unit is withdrawn from the
CAIR SO2 Trading Program in accordance with 9VAC5-140-3860.
(2) The monitoring and reporting under subdivision a 1 of
this subdivision shall include the entire control period immediately before the
date on which the unit enters the CAIR SO2 Trading Program under
subdivision 7 of this section, during which period monitoring system
availability shall not be less than 90% under Article 8 (9VAC5-140-3700 et
seq.) of this part and the unit shall be in full compliance with any applicable
state or federal emissions or emissions-related requirements.
b. To the extent the SO2 emissions rate and the
heat input of the unit are monitored and reported in accordance with Article 8
(9VAC5-140-3700 et seq.) of this part for one or more control periods, in
addition to the control period under subdivision a (2) of this subdivision,
during which control periods monitoring system availability is not less than
90% under Article 8 (9VAC5-140-3700 et seq.) of this part and the unit is in
full compliance with any applicable state or federal emissions or
emissions-related requirements and which control periods begin not more than
three years before the unit enters the CAIR SO2 Trading Program
under subdivision 7 of this section, such information shall be used as provided
in subdivisions 3 and 4 of this section.
3. The unit's baseline heat input shall equal:
a. If the unit's SO2 emissions rate and heat
input are monitored and reported for only one control period, in accordance with
subdivision 2 a of this section, the unit's total heat input (in mmBtu) for the
control period; or
b. If the unit's SO2 emissions rate and heat
input are monitored and reported for more than one control period, in
accordance with subdivisions 2 a and b of this section, the average of the
amounts of the unit's total heat input (in mmBtu) for the control periods under
subdivisions 2 a (2) and 2 b of this section.
4. The unit's baseline SO2 emission rate shall
equal:
a. If the unit's SO2 emissions rate and heat
input are monitored and reported for only one control period, in accordance
with subdivision 2 a of this section, the unit's SO2 emissions rate
(in lb/mmBtu) for the control period;
b. If the unit's SO2 emissions rate and heat
input are monitored and reported for more than one control period, in
accordance with subdivisions 2 a and b of this section, and the unit does not
have add-on SO2 emission controls during any such control periods,
the average of the amounts of the unit's SO2 emissions rate (in
lb/mmBtu) for the control periods under subdivisions 2 a (2) and 2 b of this
section; or
c. If the unit's SO2 emissions rate and heat
input are monitored and reported for more than one control period, in
accordance with subdivisions 2 a and b of this section, and the unit has add-on
SO2 emission controls during any such control periods, the average
of the amounts of the unit's SO2 emissions rate (in lb/mmBtu) for
such control periods during which the unit has add-on SO2 emission
controls.
5. After calculating the baseline heat input and the
baseline SO2 emissions rate for the unit under subdivisions 3 and 4
of this section and if the permitting authority determines that the
CAIR-designated representative shows that the unit meets the requirements for a
CAIR SO2 opt-in unit in 9VAC5-140-3800 and meets the elements
certified in 9VAC5-140-3830 A 2, the permitting authority will issue a CAIR
opt-in permit. The permitting authority will provide a copy of the CAIR opt-in
permit to the administrator, who will then establish a compliance account for
the source that includes the CAIR SO2 opt-in unit unless the source
already has a compliance account.
6. Notwithstanding subdivisions 1 through 5 of this section,
if at any time before issuance of a CAIR opt-in permit for the unit, the
permitting authority determines that the CAIR-designated representative fails
to show that the unit meets the requirements for a CAIR SO2 opt-in
unit in 9VAC5-140-3800 or meets the elements certified in 9VAC5-140-3830 A 2,
the permitting authority will issue a denial of a CAIR opt-in permit for the
unit.
7. A unit for which an initial CAIR opt-in permit is issued
by the permitting authority shall become a CAIR SO2 opt-in unit, and
a CAIR SO2 unit, as of the later of January 1, 2010, or January 1 of
the first control period during which such CAIR opt-in permit is issued.
8. Repowered CAIR SO2 opt-in units shall meet the
following requirements.
a. If the CAIR-designated representative requests, and the
permitting authority issues a CAIR opt-in permit providing for, allocation to a
CAIR SO2 opt-in unit of CAIR SO2 allowances under
9VAC5-140-3880 C and such unit is repowered after its date of entry into the
CAIR SO2 Trading Program under subdivision 7 of this section, the
repowered unit shall be treated as a CAIR SO2 opt-in unit replacing
the original CAIR SO2 opt-in unit, as of the date of start-up of the
repowered unit's combustion chamber.
b. Notwithstanding subdivisions 3 and 4 of this section, as
of the date of start-up under subdivision 8 a of this section, the repowered
unit shall be deemed to have the same date of commencement of operation, date
of commencement of commercial operation, baseline heat input, and baseline SO2
emission rate as the original CAIR SO2 opt-in unit, and the original
CAIR SO2 opt-in unit shall no longer be treated as a CAIR SO2
opt-in unit or a CAIR SO2 unit.
9VAC5-140-3850. CAIR opt-in permit contents. (Repealed.)
A. Each CAIR opt-in permit will contain:
1. All elements required for a complete CAIR permit
application under 9VAC5-140-3220;
2. The certification in 9VAC5-140-3830 A 2;
3. The unit's baseline heat input under subdivision 3 of
9VAC5-140-3840;
4. The unit's baseline SO2 emission rate under
subdivision 4 of 9VAC5-140-3840;
5. A statement whether the unit is to be allocated CAIR SO2
allowances under 9VAC5-140-3880 B or C (subject to the conditions in
subdivision 8 of 9VAC5-140-3840 and 9VAC5-140-3860 H);
6. A statement that the unit may withdraw from the CAIR SO2
Trading Program only in accordance with 9VAC5-140-3860; and
7. A statement that the unit is subject to, and the owners
and operators of the unit shall comply with, the requirements of
9VAC5-140-3870.
B. Each CAIR opt-in permit is deemed to incorporate
automatically the definitions of terms under 9VAC5-140-3020 and, upon
recordation by the administrator under Article 6 (9VAC5-140-3500 et seq.) or 7
(9VAC5-140-3600 et seq.) of this part or this article, every allocation,
transfer, or deduction of CAIR SO2 allowances to or from the
compliance account of the source that includes a CAIR SO2 opt-in
unit covered by the CAIR opt-in permit.
C. The CAIR opt-in permit shall be included, in a format
acceptable to the permitting authority, in the CAIR permit for the source where
the CAIR SO2 opt-in unit is located and in a Title V operating
permit or state operating permit for the source.
9VAC5-140-3860. Withdrawal from CAIR SO2 Trading
Program. (Repealed.)
A. Except as provided under subsection H of this section, a
CAIR SO2 opt-in unit may withdraw from the CAIR SO2 Trading
Program, but only if the permitting authority issues a notification to the
CAIR-designated representative of the CAIR SO2 opt-in unit of the
acceptance of the withdrawal of the CAIR SO2 opt-in unit in
accordance with subsection E of this section.
B. In order to withdraw a CAIR SO2 opt-in unit
from the CAIR SO2 Trading Program, the CAIR-designated
representative of the CAIR SO2 opt-in unit shall submit to the
permitting authority a request to withdraw effective as of midnight of December
31 of a specified calendar year, which date must be at least four years after
December 31 of the year of entry into the CAIR SO2 Trading Program
under subdivision 7 of 9VAC5-140-3840. The request shall be submitted no later
than 90 days before the requested effective date of withdrawal.
C. Before a CAIR SO2 opt-in unit covered by a
request under subsection B of this section may withdraw from the CAIR SO2
Trading Program and the CAIR opt-in permit may be terminated under subsection F
of this section, the following conditions must be met:
1. For the control period ending on the date on which the
withdrawal is to be effective, the source that includes the CAIR SO2
opt-in unit must meet the requirement to hold CAIR SO2 allowances
under 9VAC5-140-3060 C and must not have any excess emissions.
2. After the requirement for withdrawal under subdivision 1
of this subsection is met, the administrator will deduct from the compliance
account of the source that includes the CAIR SO2 opt-in unit CAIR SO2
allowances equal in amount to and allocated for the same or a prior control
period as any CAIR SO2 allowances allocated to the CAIR SO2
opt-in unit under 9VAC5-140-3880 for any control period for which the
withdrawal is to be effective. If there are no remaining CAIR SO2
units at the source, the administrator will close the compliance account, and
the owners and operators of the CAIR SO2 opt-in unit may submit a
CAIR SO2 allowance transfer for any remaining CAIR SO2
allowances to another CAIR SO2 Allowance Tracking System in accordance
with Article 7 (9VAC5-140-3600 et seq.) of this part.
D. Notification shall be performed as follows:
1. After the requirements for withdrawal under subsections B
and C of this section are met (including deduction of the full amount of CAIR
SO2 allowances required), the permitting authority will issue a
notification to the CAIR-designated representative of the CAIR SO2
opt-in unit of the acceptance of the withdrawal of the CAIR SO2
opt-in unit as of midnight on December 31 of the calendar year for which the
withdrawal was requested.
2. If the requirements for withdrawal under subsections B
and C of this section are not met, the permitting authority will issue a
notification to the CAIR-designated representative of the CAIR SO2
opt-in unit that the CAIR SO2 opt-in unit's request to withdraw is
denied. Such CAIR SO2 opt-in unit shall continue to be a CAIR SO2
opt-in unit.
E. After the permitting authority issues a notification
under subdivision D 1 of this subsection that the requirements for withdrawal have
been met, the permitting authority will revise the CAIR permit covering the
CAIR SO2 opt-in unit to terminate the CAIR opt-in permit for such
unit as of the effective date specified under subdivision D 1 of this section.
The unit shall continue to be a CAIR SO2 opt-in unit until the
effective date of the termination and shall comply with all requirements under
the CAIR SO2 Trading Program concerning any control periods for
which the unit is a CAIR SO2 opt-in unit, even if such requirements
arise or shall be complied with after the withdrawal takes effect.
F. If the permitting authority denies the CAIR SO2
opt-in unit's request to withdraw, the CAIR-designated representative may
submit another request to withdraw in accordance with subsections B and C of
this section.
G. Once a CAIR SO2 opt-in unit withdraws from
the CAIR SO2 Trading Program and its CAIR opt-in permit is
terminated under this section, the CAIR-designated representative may not
submit another application for a CAIR opt-in permit under 9VAC5-140-3830 for
such CAIR SO2 opt-in unit before the date that is four years after
the date on which the withdrawal became effective. Such new application for a
CAIR opt-in permit will be treated as an initial application for a CAIR opt-in permit
under 9VAC5-140-3840.
H. Notwithstanding subsections B through G of this section,
a CAIR SO2 opt-in unit shall not be eligible to withdraw from the
CAIR SO2 Trading Program if the CAIR-designated representative of
the CAIR SO2 opt-in unit requests, and the permitting authority
issues a CAIR opt-in permit providing for, allocation to the CAIR SO2
opt-in unit of CAIR SO2 allowances under 9VAC5-140-3880 C.
9VAC5-140-3870. Change in regulatory status. (Repealed.)
A. If a CAIR SO2 opt-in unit becomes a CAIR SO2
unit under 9VAC5-140-3040, then the CAIR-designated representative shall notify
in writing the permitting authority and the administrator of such change in the
CAIR SO2 opt-in unit's regulatory status, within 30 days of such
change.
B. The permitting authority and the administrator shall
take the following actions.
1. If a CAIR SO2 opt-in unit becomes a CAIR SO2
unit under 9VAC5-140-3040, the permitting authority will revise the CAIR SO2
opt-in unit's CAIR opt-in permit to meet the requirements of a CAIR permit
under 9VAC5-140-3230, and remove the CAIR opt-in permit provisions, as of the
date on which the CAIR SO2 opt-in unit becomes a CAIR SO2
unit under 9VAC5-140-3040.
2. a. The administrator will deduct from the compliance
account of the source that includes the CAIR SO2 opt-in unit that
becomes a CAIR SO2 unit under 9VAC5-140-3040, CAIR SO2
allowances equal in amount to and allocated for the same or a prior control
period as:
(1) Any CAIR SO2 allowances allocated to the
CAIR SO2 opt-in unit under 9VAC5-140-3880 for any control period
after the date on which the CAIR SO2 opt-in unit becomes a CAIR SO2
unit under 9VAC5-140-3040; and
(2) If the date on which the CAIR SO2 opt-in
unit becomes a CAIR SO2 unit under 9VAC5-140-3040 is not December
31, the CAIR SO2 allowances allocated to the CAIR SO2
opt-in unit under 9VAC5-140-3880 for the control period that includes the date
on which the CAIR SO2 opt-in unit becomes a CAIR SO2 unit
under 9VAC5-130-3040, multiplied by the ratio of the number of days, in the
control period, starting with the date on which the CAIR SO2 opt-in
unit becomes a CAIR SO2 unit under 9VAC5-140-3040 divided by the
total number of days in the control period and rounded to the nearest whole
allowance as appropriate.
b. The CAIR-designated representative shall ensure that the
compliance account of the source that includes the CAIR SO2 opt-in
unit that becomes a CAIR SO2 unit under 9VAC5-140-3040 contains the
CAIR SO2 allowances necessary for completion of the deduction under
subdivision a of this subdivision.
9VAC5-140-3880. CAIR SO2 allowance allocations to
CAIR SO2 opt-in units. (Repealed.)
A. Timing requirements shall be met as follows:
1. When the CAIR opt-in permit is issued under subdivision 5
of 9VAC5-140-3840, the permitting authority will allocate CAIR SO2
allowances to the CAIR SO2 opt-in unit, and submit to the
administrator the allocation for the control period in which a CAIR SO2
opt-in unit enters the CAIR SO2 Trading Program under subdivision 7
of 9VAC5-140-3840, in accordance with subsection B or C of this section.
2. By no later than October 31 of the control period after
the control period in which a CAIR SO2 opt-in unit enters the CAIR
SO2 Trading Program under subdivision 7 of 9VAC5-140-3840 and
October 31 of each year thereafter, the permitting authority will allocate CAIR
SO2 allowances to the CAIR SO2 opt-in unit, and submit to
the administrator the allocation for the control period that includes such
submission deadline and in which the unit is a CAIR SO2 opt-in unit,
in accordance with subsection B or C of this section.
B. For each control period for which a CAIR SO2
opt-in unit is to be allocated CAIR SO2 allowances, the permitting
authority will allocate in accordance with the following procedures:
1. The heat input (in mmBtu) used for calculating the CAIR
SO2 allowance allocation will be the lesser of:
a. The CAIR SO2 opt-in unit's baseline heat
input determined under subdivision 3 of 9VAC5-140-3840; or
b. The CAIR SO2 opt-in unit's heat input, as
determined in accordance with Article 8 (9VAC5-140-3700 et seq.) of this part,
for the immediately prior control period, except when the allocation is being
calculated for the control period in which the CAIR SO2 opt-in unit
enters the CAIR SO2 Trading Program under subdivision 7 of
9VAC5-140-3840.
2. The SO2 emission rate (in lb/mmBtu) used for
calculating CAIR SO2 allowance allocations will be the lesser of:
a. The CAIR SO2 opt-in unit's baseline SO2
emissions rate (in lb/mmBtu) determined under subdivision 4 of 9VAC5-140-3840
and multiplied by 70%; or
b. The most stringent state or federal SO2
emissions limitation applicable to the CAIR SO2 opt-in unit at any
time during the control period for which CAIR SO2 allowances are to be
allocated.
3. The permitting authority will allocate CAIR SO2
allowances to the CAIR SO2 opt-in unit with a tonnage equivalent
equal to, or less than by the smallest possible amount, the heat input under
subdivision 1 of this subsection, multiplied by the SO2 emission
rate under subdivision 2 of this subsection, and divided by 2,000 lb/ton.
C. Notwithstanding subsection B of this section and if the
CAIR-designated representative requests, and the permitting authority issues a
CAIR opt-in permit (based on a demonstration of the intent to repower stated
under 9VAC5-140-3830 A 5) providing for, allocation to a CAIR SO2
opt-in unit of CAIR SO2 allowances under this subsection (subject to
the conditions in subdivision 8 of 9VAC5-140-3840 and 9VAC5-140-3860 H), the
permitting authority will allocate to the CAIR SO2 opt-in unit as
follows:
1. For each control period in 2010 through 2014 for which
the CAIR SO2 opt-in unit is to be allocated CAIR SO2
allowances,
a. The heat input (in mmBtu) used for calculating CAIR SO2
allowance allocations will be determined as described in subdivision B 1 of
this section.
b. The SO2 emission rate (in lb/mmBtu) used for
calculating CAIR SO2 allowance allocations will be the lesser of:
(1) The CAIR SO2 opt-in unit's baseline SO2
emissions rate (in lb/mmBtu) determined under subdivision 4 of 9VAC5-140-3840;
or
(2) The most stringent state or federal SO2
emissions limitation applicable to the CAIR SO2 opt-in unit at any
time during the control period in which the CAIR SO2 opt-in unit
enters the CAIR SO2 Trading Program under subdivision 7 of
9VAC5-140-3840.
c. The permitting authority will allocate CAIR SO2
allowances to the CAIR SO2 opt-in unit with a tonnage equivalent
equal to, or less than by the smallest possible amount, the heat input under
subdivision a of this subdivision, multiplied by the SO2 emission
rate under subdivision b of this subdivision, and divided by 2,000 lb/ton.
2. For each control period in 2015 and thereafter for which
the CAIR SO2 opt-in unit is to be allocated CAIR SO2
allowances,
a. The heat input (in mmBtu) used for calculating the CAIR
SO2 allowance allocations will be determined as described in
subdivision B 1 of this section.
b. The SO2 emission rate (in lb/mmBtu) used for
calculating the CAIR SO2 allowance allocation will be the lesser of:
(1) The CAIR SO2 opt-in unit's baseline SO2
emissions rate (in lb/mmBtu) determined under subdivision 4 of 9VAC5-140-3840
multiplied by 10%; or
(2) The most stringent state or federal SO2
emissions limitation applicable to the CAIR SO2 opt-in unit at any
time during the control period for which CAIR SO2 allowances are to
be allocated.
c. The permitting authority will allocate CAIR SO2
allowances to the CAIR SO2 opt-in unit with a tonnage equivalent
equal to, or less than by the smallest possible amount, the heat input under
subdivision a of this subdivision, multiplied by the SO2 emission
rate under subdivision b of this subdivision, and divided by 2,000 lb/ton.
D. Recordation shall be performed as follows:
1. The administrator will record, in the compliance account
of the source that includes the CAIR SO2 opt-in unit, the CAIR SO2
allowances allocated by the permitting authority to the CAIR SO2
opt-in unit under subdivision A 1 of this section.
2. By December 1 of the control period in which a CAIR SO2
opt-in unit enters the CAIR SO2 Trading Program under subdivision 7
of 9VAC5-140-3840, and December 1 of each year thereafter, the administrator
will record, in the compliance account of the source that includes the CAIR SO2
opt-in unit, the CAIR SO2 allowances allocated by the permitting
authority to the CAIR SO2 opt-in unit under subdivision A 2 of this
section.