Proposed Text
Part VI
Hg Budget Trading Program For Coal-Fired Electric Steam Generating Units
Article 1
Hg Budget Trading Program General Provisions
9VAC5-140-5010. Purpose. (Repealed.)
This part establishes the general provisions and the
designated representative, permitting, allowance, and monitoring provisions for
the Mercury (Hg) Budget Trading Program, under § 111 of the Clean Air Act (CAA)
and 40 CFR 60.24(h)(6), as a means of reducing Hg emissions. The board
authorizes the administrator to assist the board in implementing the Hg Budget
Trading Program by carrying out the functions set forth for the administrator
in this part.
9VAC5-140-5020. Definitions. (Repealed.)
A. As used in this part, all words or terms not defined
here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10), unless
otherwise required by context.
B. For the purpose of this part and any related use, the
words or terms shall have the meanings given them in this section.
"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 Hg allowances, the determination by a permitting authority or the
administrator of the amount of Hg allowances to be initially credited to a Hg
Budget unit, a new unit set-aside, a new energy efficiency/renewable energy
unit set-aside, 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 Hg allowance
transfer must be submitted for recordation in a Hg Budget source's compliance
account in order to be used to meet the source's Hg Budget emissions limitation
for such control period in accordance with 9VAC5-140-5540.
"Alternate Hg designated representative" means,
for a Hg Budget source and each Hg Budget 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 (9VAC5-140-5100 et seq.) of
this part, to act on behalf of the Hg designated representative in matters
pertaining to the Hg Budget Trading Program. If the Hg Budget 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 Hg Budget 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
Hg Budget 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 Hg Budget 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.
"Automated data acquisition and handling system"
or "DAHS" means that component of the continuous emission monitoring
system (CEMS), or other emissions monitoring system approved for use under
Article 8 (9VAC5-140-5700 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 under Article 8 (9VAC5-140-5700 et seq.) of this
part.
"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 NOX Annual Trading Program"
means a multi-state 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 and 40 CFR 51.123(o)(1)
or (2) or established by the administrator in accordance with Part II
(9VAC5-140-1010 et seq.) of this chapter and 40 CFR 51.123(p) and 40 CFR 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 multi-state 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 and 40 CFR
51.123(aa)(1) or (2) and (bb)(1), (bb)(2), or (dd) or established by the
administrator in accordance with Part III (9VAC5-140-2010 et seq.) of this
chapter and 40 CFR 51.123(ee) and 40 CFR 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 SO2 source" means a source that
is subject to the CAIR SO2 Trading Program.
"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 Part IV
(9VAC5-140-3010 et seq.) of this chapter and 40 CFR 51.124(o)(1) or (2) or
established by the administrator in accordance with Part IV (9VAC5-140-3010 et
seq.) of this chapter and 40 CFR 51.124(r) and 40 CFR 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 by the American Society of
Testing and Materials (ASTM) "Standard Classification of Coals by
Rank" (see 9VAC5-20-21).
"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, during any year.
"Cogeneration unit" means a stationary,
coal-fired boiler or stationary, coal-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; and
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.
"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 9VAC5-140-5050.
a. For a unit that is a Hg Budget unit under 9VAC5-140-5040
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 Hg Budget unit under 9VAC5-140-5040
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 9VAC5-140-5050, for a unit that is not a Hg Budget unit
under 9VAC5-140-5040 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 Hg Budget unit under 9VAC5-140-5040.
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.
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 of this definition, as appropriate.
"Common stack" means a single flue through which
emissions from 2 or more units are exhausted.
"Compliance account" means a Hg Allowance
Tracking System account, established by the administrator for a Hg Budget
source under Article 6 (9VAC5-140-5500 et seq.) of this part, in which any Hg
allowance allocations for the Hg Budget units at the source are initially
recorded and in which are held any Hg allowances available for use for a
control period in order to meet the source's Hg Budget emissions limitation in
accordance with 9VAC5-140-5540.
"Continuous emission monitoring system" or
"CEMS" means the equipment required under Article 8 (9VAC5-140-5700
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 Hg 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 (9VAC5-140-5700 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 Hg concentration monitoring system, consisting of a Hg
pollutant concentration monitor and an automated data acquisition and handling
system and providing a permanent, continuous record of Hg emissions in
micrograms per dry standard cubic meter (μg/dscm);
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
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 9VAC5-140-5060 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 Hg designated representative and as determined by the
administrator in accordance with Article 8 (9VAC5-140-5700 et seq.) of this
part.
"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.
"Energy efficiency unit" means an end-use energy
efficiency project implemented after January 1, 2001, 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 Hg Budget unit are not encompassed
within this definition.
"Excess emissions" means any ounce of mercury
emitted by the Hg Budget units at a Hg Budget source during a control period
that exceeds the Hg Budget emissions limitation for the source.
"General account" means a Hg Allowance Tracking
System account, established under 9VAC5-140-5510, 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 Hg designated representative and
determined by the administrator in accordance with Article 8 (9VAC5-140-5700 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 allowance" means a limited authorization
issued by a permitting authority or the administrator under Article 5
(9VAC5-140-5400 et seq.) of this part, or under 40 CFR 62.15940 through
62.15943, to emit one ounce of mercury during a control period of the specified
calendar year for which the authorization is allocated or of any calendar year
thereafter under the Hg Budget Trading Program. An authorization to emit
mercury that is not issued under Article 5 (9VAC5-140-5400 et seq.) of this
part or or under 40 CFR 62.15940 through 62.15943 shall not be a Hg allowance.
No provision of the Hg Budget Trading Program, the Hg Budget permit
application, the Hg Budget permit, or an exemption under 9VAC5-140-5040 B or
9VAC5-140-5050 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.
"Hg allowance deduction" or "deduct Hg
allowances" means the permanent withdrawal of Hg allowances by the
administrator from a compliance account, e.g., in order to account for a
specified number of ounces of total mercury emissions from all Hg Budget units
at a Hg Budget source for a control period, determined in accordance with
Article 8 (9VAC5-140-5700 et seq.) of this part, or to account for excess
emissions. No provision of the Hg Budget Trading Program, the Hg permit
application, the Hg permit, or an exemption under 9VAC5-140-5040 B or
9VAC5-140-5050 and no provision of law shall be construed to limit the
authority of the United States or state to terminate or limit such
authorization, which does not constitute a property right.
"Hg allowances held" or "hold Hg
allowances" means the Hg allowances recorded by the administrator, or
submitted to the administrator for recordation, in accordance with Article 6 (9VAC5-140-5500
et seq.) and Article 7 (9VAC5-140-5600 et seq.) of this part, in a Hg Allowance
Tracking System account.
"Hg Allowance Tracking System" means the system
by which the administrator records allocations, deductions, and transfers of Hg
allowances under the Hg Budget Trading Program. Such allowances will be
allocated, held, deducted, or transferred only as whole allowances.
"Hg Allowance Tracking System account" means an
account in the Hg Allowance Tracking System established by the administrator
for purposes of recording the allocation, holding, transferring, or deducting
of Hg allowances.
"Hg authorized account representative" means,
with regard to a general account, a responsible natural person who is
authorized, in accordance with Article 2 (9VAC5-140-5100 et seq.) and Article 6
(9VAC5-140-5500 et seq.), to transfer and otherwise dispose of Hg allowances
held in the general account and, with regard to a compliance account, the Hg
designated representative of the source.
"Hg Budget emissions limitation" means, for a Hg
Budget source, the equivalent, in ounces of Hg emissions in a control period,
of mercury of the Hg allowances available for deduction for the source under
9VAC5-140-5540 A and B for the control period.
"Hg Budget permit" means the terms and conditions
in a title V operating permit or state operating permit, issued by the
permitting authority under Article 3 (9VAC5-140-5200 et seq.) of this part,
including any permit revisions, specifying the Hg Budget Trading Program
requirements applicable to a Hg Budget source, to each Hg Budget unit at the
source, and to the owners and operators and the Hg designated representative of
the source and each such unit.
"Hg Budget source" means a source that includes
one or more Hg Budget units.
"Hg Budget Trading Program" means a multi-state
Hg air pollution control and emission reduction program approved and
administered by the administrator in accordance with this part and 40 CFR
60.24(h)(6) or established by the administrator in accordance with Subpart LLL
of 40 CFR Part 62, 40 CFR 60.24(h)(9), and 40 CFR 62.13(f), as a means of
reducing national Hg emissions.
"Hg Budget unit" means a unit that is subject to
the Hg Budget Trading Program under 9VAC5-140-5040.
"Hg core trading budget" means the amount of
ounces (pounds multiplied by 16 ounces/lb) of Hg emissions in the Hg trading
budget for the control period minus the new unit set-aside budget and the new
energy efficiency/renewable energy unit set-aside budget.
"Hg designated representative" means, for a Hg
Budget source and each Hg Budget 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 (9VAC5-140-5100 et seq.) of this part, to
represent and legally bind each owner and operator in matters pertaining to the
Hg Budget Trading Program. If the Hg Budget 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 Hg
Budget 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 Hg Budget 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 Hg Budget 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.
"Hg Trading Budget" means the total number of
mercury pounds set forth in 9VAC5-140-5400 and apportioned to all Hg Budget
units and energy efficiency/renewable energy units in accordance with the Hg
Trading Budget Program, for use in a given control period.
"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.
"Lignite" means coal that is classified as
lignite A or B according to the American Society of Testing and Materials
(ASTM) "Standard Classification of Coals by Rank" (see 9VAC5-20-21).
"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 (9VAC5-140-5700 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.
"Municipal waste" means municipal waste as
defined in § 129(g)(5) of the Clean Air Act.
"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 ounces (pounds multiplied by 16 ounces/lb) of
Hg emissions in the Hg trading budget for each control period in 2010 and
thereafter multiplied by 1.0%, rounded to the nearest whole allowance as
appropriate.
"New unit set-aside budget" means the amount of
ounces (pounds multiplied by 16 ounces/lb) of Hg emissions in the Hg 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 2010 through 2014, or 1.0% for each control period in
2015 and thereafter.
"Operator" means any person who operates,
controls, or supervises a Hg Budget unit or a Hg Budget source and shall
include, but not be limited to, any holding company, utility system, or plant
manager of such a unit or source.
"Ounce" means 2.84 x 107 micrograms.
For the purpose of determining compliance with the Hg Budget emissions
limitation, total ounces of mercury 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
(9VAC5-140-5700 et seq.) of this part, but with any remaining fraction of an
ounce equal to or greater than 0.50 ounces deemed to equal one ounce and any
remaining fraction of an ounce less than 0.50 ounces deemed to equal zero
ounces.
"Owner" means any of the following persons:
1. With regard to a Hg Budget source or a Hg Budget unit at
a source, respectively:
a. Any holder of any portion of the legal or equitable
title in a Hg Budget unit at the source or the Hg Budget unit;
b. Any holder of a leasehold interest in a Hg Budget unit
at the source or the Hg Budget unit; or
c. Any purchaser of power from a Hg Budget unit at the
source or the Hg Budget 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 Hg Budget
unit; or
2. With regard to any general account, any person who has an
ownership interest with respect to the Hg allowances held in the general
account and who is subject to the binding agreement for the Hg authorized
account representative to represent the person's ownership interest with
respect to Hg 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 Hg Budget 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.
"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 Hg allowances, the movement of Hg
allowances by the administrator into or between Hg 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, 2001 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.
"Section 111(d) plan" means the portion or
portions of the plan, or the most recent revision thereof, which has been
approved under 40 CFR 60.24(h)(6) in accordance with § 111(d)(1) of the Clean
Air Act, or promulgated under 40 CFR 60.24(h)(6) in accordance with § 111(d)(2)
of the Clean Air Act, and which implements the relevant requirements of the
Clean Air Act.
"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 Hg allowance, the
unique identification number assigned to each Hg allowance by the
administrator.
"Solid waste incineration unit" means a
stationary, coal-fired boiler or stationary, coal-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 Chapter 80.
"State operating permit regulations" means the
regulations codified in Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5
Chapter 80.
"Subbituminous" means coal that is classified as
subbituminous A, B, or C, according to the American Society of Testing and
Materials (ASTM) "Standard Classification of Coals by Rank" (see
9VAC5-20-21).
"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 Chapter 80.
"Title V operating permit regulations" means the
regulations codified in Article 1 (9VAC5-80-50 et seq.), Article 2
(9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4
(9VAC5-80-710 et seq.) of Part II of 9VAC5 Chapter 80.
"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.
"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 coal-fired boiler or a
stationary coal-fired combustion turbine.
"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.
9VAC5-140-5030. 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.
9VAC5-140-5040. Applicability. (Repealed.)
A. Except as provided in subsection B of this section:
1. The following units shall be Hg Budget units, and any
source that includes one or more such units shall be a Hg Budget source,
subject to the requirements of this part: Any stationary, coal-fired boiler or
stationary, coal-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 Hg Budget unit begins to
combust coal or coal-derived fuel or to serve a generator with nameplate
capacity of more than 25 MWe producing electricity for sale, the unit shall
become a Hg Budget unit as provided in subdivision 1 of this subsection on the
first date on which it both combusts coal or coal-derived fuel and serves such
generator.
B. The units that meet the requirements set forth in
subdivision 1 a or 2 of this subsection shall not be Hg Budget units:
1. a. Any unit that is a Hg Budget 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 an Hg Budget 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. Any unit that is an Hg Budget unit under subdivision A 1
or 2 of this section, is a solid waste incineration unit combusting municipal
waste, and is subject to the requirements of:
a. Article 54 (9VAC5-40-7950 et seq.) of Part II of 9VAC5
Chapter 40 (emission standards for large municipal waste combustors);
b. Subpart Eb in 9VAC5-50-410 (standards of performance for
large municipal waste combustors);
c. Subpart AAAA in 9VAC5-50-410 (standards of performance
for small municipal waste combustors); or
d. Article 46 (9VAC5-40-6550) of Part II of 9VAC5 Chapter
40 (emission standards for small municipal waste combustors).
9VAC5-140-5050. Retired unit exemption. (Repealed.)
A. 1. Any Hg Budget unit that is permanently retired shall
be exempt from the Hg Budget Trading Program, except for the provisions of this
section, 9VAC5-140-5020, 9VAC5-140-5030, 9VAC5-140-5040, 9VAC5-140-5060 C 4
through 7, 9VAC5-140-5070, 9VAC5-140-5080, Article 2 (9VAC5-10-5100 et seq.) of
this part, and 9VAC5-140-5400.
2. The exemption under subdivision 1 of this subsection
shall become effective the day on which the Hg Budget unit is permanently
retired. Within 30 days of the unit's permanent retirement, the Hg designated
representative shall submit a statement to the permitting authority 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
(9VAC5-140-5200 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 mercury, starting on the date that the exemption takes effect.
2. The permitting authority will allocate Hg allowances
under Article 5 (9VAC5-140-5400 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 Hg designated representative of a unit exempt under subsection A of this
section shall comply with the requirements of the Hg Budget Trading Program
concerning all periods for which the exemption is not in effect, even if such
requirements arise, or must be complied with, after the exemption takes effect.
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 Hg designated representative of the source submits a complete Hg Budget
permit application under 9VAC5-140-5220 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.
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 Hg designated representative
submits a Hg Budget permit application for the unit under subdivision 5 of this
subsection;
b. The date on which the Hg designated representative is
required under subdivision 5 of this subsection to submit a Hg Budget permit
application for the unit; or
c. The date on which the unit resumes operation, if the Hg
designated representative is not required to submit a Hg Budget permit
application for the unit.
7. For the purpose of applying monitoring, reporting, and
recordkeeping requirements under Article 8 (9VAC5-140-5700 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.
9VAC5-140-5060. Standard requirements. (Repealed.)
A. Permit requirements shall be as follows:
1. The Hg designated representative of each Hg Budget source
required to have a title V operating permit and each Hg Budget unit required to
have a title V operating permit at the source shall:
a. Submit to the permitting authority a complete Hg Budget
permit application under 9VAC5-140-5220 in accordance with the deadlines
specified in 9VAC5-140-5210; and
b. Submit in a timely manner any supplemental information
that the permitting authority determines is necessary in order to review a Hg
Budget permit application and issue or deny a Hg Budget permit.
2. The owners and operators of each Hg Budget source
required to have a title V operating permit and each Hg Budget unit required to
have a title V operating permit at the source shall have a Hg Budget permit
issued by the permitting authority under Article 3 (9VAC5-140-5200 et seq.) of
this part for the source and operate the source and the unit in compliance with
such Hg Budget permit.
3. The owners and operators of a Hg Budget source that is
not otherwise required to have a title V operating permit and each Hg Budget
unit that is not otherwise required to have a title V operating permit are not
required to submit a Hg Budget permit application, and to have a Hg Budget
permit, under Article 3 (9VAC5-140-5200 et seq.) of this part for such Hg
Budget source and such Hg Budget unit.
B. Monitoring, reporting, and recordkeeping shall be
performed as follows:
1. The owners and operators, and the Hg designated
representative, of each Hg Budget source and each Hg Budget unit at the source
shall comply with the monitoring, reporting, and recordkeeping requirements of
Article 8 (9VAC5-140-5700 et seq.) of this part.
2. The emissions measurements recorded and reported in
accordance with Article 8 (9VAC5-140-5700 et seq.) of this part shall be used
to determine compliance by each Hg Budget source with the Hg Budget emissions
limitation under subsection C of this section.
C. Mercury emission requirements shall be as follows:
1. As of the allowance transfer deadline for a control
period, the owners and operators of each Hg Budget source and each Hg Budget
unit at the source shall hold, in the source's compliance account, Hg
allowances available for compliance deductions for the control period under
9VAC5-140-5540 A in an amount not less than the ounces of total mercury
emissions for the control period from all Hg Budget units at the source, as
determined in accordance with Article 8 (9VAC5-140-5700 et seq.) of this part.
2. A Hg Budget unit shall be subject to the requirements
under subdivision 1 of this subsection for the control period starting on the
later of January 1, 2010, or the deadline for meeting the unit's monitor
certification requirements under 9VAC5-140-5700 C 1 or 2 and for each control
period thereafter.
3. A Hg 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 Hg allowance was allocated.
4. Hg allowances shall be held in, deducted from, or
transferred into or among Hg Allowance Tracking System accounts in accordance
with Article 6 (9VAC5-140-5500 et seq.) and Article 7 (9VAC5-140-5600 et seq.)
of this part.
5. A Hg allowance is a limited authorization to emit one
ounce of mercury in accordance with the Hg Budget Trading Program. No provision
of the Hg Budget Trading Program, the Hg Budget permit application, the Hg
Budget permit, or an exemption under 9VAC5-140-5050 and no provision of law
shall be construed to limit the authority of the board or the United States to
terminate or limit such authorization.
6. A Hg allowance does not constitute a property right.
7. Upon recordation by the administrator under Article 5
(9VAC5-140-5400 et seq.), Article 6 (9VAC5-140-5500 et seq.) and Article 7
(9VAC5-140-5600 et seq.) of this part, every allocation, transfer, or deduction
of a Hg allowance to or from a Hg Budget source's compliance account is
incorporated automatically in any Hg Budget permit of the source.
D. If a Hg Budget source emits mercury during any control
period in excess of the Hg Budget emissions limitation:
1. The owners and operators of the source and each Hg Budget
unit at the source shall surrender the Hg allowances required for deduction
under 9VAC5-140-5540 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 ounce of such excess emissions and each day of such
control period shall constitute a separate violation of this part, 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 Hg Budget source and each Hg Budget unit at the source shall keep on site
at the source each of the following documents for a period of five years from
the date the document is created. This period may be extended for cause, at any
time before the end of five years, in writing by the permitting authority or
the administrator.
a. The certificate of representation under 9VAC5-140-5130
for the Hg designated representative for the source and each Hg Budget 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 9VAC5-140-5130 changing the Hg designated representative.
b. All emissions monitoring information, in accordance with
Article 8 (9VAC5-140-5700 et seq.) of this part, provided that to the extent
that Article 8 (9VAC5-140-5700 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 Hg Budget Trading
Program.
d. Copies of all documents used to complete a Hg Budget
permit application and any other submission under the Hg Budget Trading Program
or to demonstrate compliance with the requirements of the Hg Budget Trading
Program.
2. The Hg designated representative of a Hg Budget source
and each Hg Budget unit at the source shall submit the reports required under
the Hg Budget Trading Program, including those under Article 8 (9VAC5-140-5700
et seq.) of this part.
F. Liability shall be assigned as follows.
1. Each Hg Budget source and each Hg Budget unit shall meet
the requirements of the Hg Budget Trading Program.
2. Any provision of the Hg Budget Trading Program that
applies to a Hg Budget source or the Hg designated representative of a Hg
Budget source shall also apply to the owners and operators of such source and
of the Hg Budget units at the source.
3. Any provision of the Hg Budget Trading Program that
applies to a Hg Budget unit or the Hg designated representative of a Hg Budget
unit shall also apply to the owners and operators of such unit.
G. No provision of the Hg Budget Trading Program, a Hg
Budget permit application, a Hg Budget permit, or an exemption under
9VAC5-140-5050 shall be construed as exempting or excluding the owners and
operators, and the Hg designated representative, of a Hg Budget source or Hg
Budget unit from compliance with any other provision of the applicable,
approved implementation plan, a federally enforceable permit, the Virginia Air
Pollution Control Law or the Clean Air Act.
9VAC5-140-5070. Computation of time. (Repealed.)
A. Unless otherwise stated, any time period scheduled,
under the Hg Budget Trading Program, to begin on the occurrence of an act or
event shall begin on the day the act or event occurs.
B. Unless otherwise stated, any time period scheduled,
under the Hg Budget Trading Program, to begin before the occurrence of an act
or event shall be computed so that the period ends the day before the act or
event occurs.
C. Unless otherwise stated, if the final day of any time
period, under the Hg Budget Trading Program, falls on a weekend or a state or
federal holiday, the time period shall be extended to the next business day.
9VAC5-140-5080. Appeal procedures. (Repealed.)
The appeal procedures for decisions of the administrator
under the Hg Budget Trading Program are set forth in 40 CFR Part 78.
9VAC5-140-5090. [Reserved] (Repealed.)
Historical Notes
Derived from Virginia Register Volume 28, Issue 25, eff. September 27, 2012.
Article 2
Hg Designated Representative for Hg Budget Sources
9VAC5-140-5100. Authorization and responsibilities of Hg
designated representative. (Repealed.)
A. Except as provided under 9VAC5-140-5110, each Hg Budget source,
including all Hg Budget units at the source, shall have one and only one Hg
designated representative, with regard to all matters under the Hg Budget
Trading Program concerning the source or any Hg Budget unit at the source.
B. The Hg designated representative of the Hg Budget source
shall be selected by an agreement binding on the owners and operators of the
source and all Hg Budget units at the source and shall act in accordance with
the certification statement in 9VAC5-140-5130 A 4 d.
C. Upon receipt by the administrator of a complete
certificate of representation under 9VAC5-140-5130, the Hg designated
representative of the source shall represent and, by his representations,
actions, inactions, or submissions, legally bind each owner and operator of the
Hg Budget source represented and each Hg Budget unit at the source in all
matters pertaining to the Hg Budget Trading Program, notwithstanding any
agreement between the Hg designated representative and such owners and
operators. The owners and operators shall be bound by any decision or order
issued to the Hg designated representative by the permitting authority, the
administrator, or a court regarding the source or unit.
D. No Hg Budget permit will be issued, no emissions data
reports will be accepted, and no Hg Allowance Tracking System account will be
established for a Hg Budget unit at a source, until the administrator has
received a complete certificate of representation under 9VAC5-140-5130 for a Hg
designated representative of the source and the Hg Budget units at the source.
E. 1. Each submission under the Hg Budget Trading Program
shall be submitted, signed, and certified by the Hg designated representative
for each Hg Budget source on behalf of which the submission is made. Each such
submission shall include the following certification statement by the Hg
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 owners or operators of a Hg
Budget source or a Hg Budget unit only if the submission has been made, signed,
and certified in accordance with subdivision 1 of this subsection.
9VAC5-140-5110. Alternate Hg designated representative. (Repealed.)
A. A certificate of representation under 9VAC5-140-5130 may
designate one and only one alternate Hg designated representative, who may act
on behalf of the Hg designated representative. The agreement by which the
alternate Hg designated representative is selected shall include a procedure
for authorizing the alternate Hg designated representative to act in lieu of
the Hg designated representative.
B. Upon receipt by the administrator of a complete
certificate of representation under 9VAC5-1140-5130, any representation,
action, inaction, or submission by the alternate Hg designated representative
shall be deemed to be a representation, action, inaction, or submission by the
Hg designated representative.
C. Except in this section and 9VAC5-140-5020,
9VAC5-140-5100 A and D, 9VAC5-140-5120, 9VAC5-140-5130, 9VAC5-140-5150, and
9VAC5-140-5510, whenever the term "Hg designated representative" is
used in this part, the term shall be construed to include the Hg designated
representative or any alternate Hg designated representative.
9VAC5-140-5120. Changing Hg designated representative and
alternate Hg designated representative; changes in owners and operators. (Repealed.)
A. The Hg designated representative may be changed at any
time upon receipt by the administrator of a superseding complete certificate of
representation under 9VAC5-140-5130. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous Hg
designated representative before the time and date when the administrator
receives the superseding certificate of representation shall be binding on the
new Hg designated representative and the owners and operators of the Hg Budget
source and the Hg Budget units at the source.
B. The alternate Hg designated representative may be
changed at any time upon receipt by the administrator of a superseding complete
certificate of representation under 9VAC5-140-5130. Notwithstanding any such
change, all representations, actions, inactions, and submissions by the
previous alternate Hg designated representative before the time and date when
the administrator receives the superseding certificate of representation shall
be binding on the new alternate Hg designated representative and the owners and
operators of the Hg Budget source and the Hg Budget 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 Hg Budget source
or a Hg Budget unit is not included in the list of owners and operators in the
certificate of representation under 9VAC5-140-5130, 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
Hg designated representative and any alternate Hg 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 Hg Budget source or a Hg Budget unit, including the addition of
a new owner or operator, the Hg designated representative or any alternate Hg
designated representative shall submit a revision to the certificate of
representation under 9VAC5-140-5130 amending the list of owners and operators
to include the change.
9VAC5-140-5130. Certificate of representation. (Repealed.)
A. A complete certificate of representation for a Hg
designated representative or an alternate Hg designated representative shall
include the following elements in a format prescribed by the administrator:
1. Identification of the Hg Budget source, and each Hg
Budget 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, e-mail address (if any), telephone
number, and facsimile transmission number (if any) of the Hg designated
representative and any alternate Hg designated representative.
3. A list of the owners and operators of the Hg Budget
source and of each Hg Budget unit at the source.
4. The following certification statements by the Hg
designated representative and any alternate Hg designated representative:
a. "I certify that I was selected as the Hg designated
representative or alternate Hg designated representative, as applicable, by an
agreement binding on the owners and operators of the source and each Hg Budget
unit at the source."
b. "I certify that I have all the necessary authority
to carry out my duties and responsibilities under the Hg Budget Trading Program
on behalf of the owners and operators of the source and of each Hg Budget 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 Hg Budget 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 Hg Budget unit, or where a
utility or industrial customer purchases power from a Hg Budget 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 %31Hg designated representative'
or %31alternate Hg designated representative,' as applicable, and of the
agreement by which I was selected to each owner and operator of the source and
of each Hg Budget unit at the source; and Hg allowances and proceeds of
transactions involving Hg 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 Hg allowances by contract,
Hg allowances and proceeds of transactions involving Hg allowances will be
deemed to be held or distributed in accordance with the contract."
5. The signature of the Hg designated representative and any
alternate Hg 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.
9VAC5-140-5140. Objections concerning Hg designated
representative. (Repealed.)
A. Once a complete certificate of representation under
9VAC5-140-5130 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 9VAC5-140-5130
is received by the administrator.
B. Except as provided in 9VAC5-140-5120 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 Hg designated representative shall affect any
representation, action, inaction, or submission of the Hg designated
representative or the finality of any decision or order by the permitting
authority or the administrator under the Hg Budget 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 Hg designated
representative, including private legal disputes concerning the proceeds of Hg
allowance transfers.
9VAC5-140-5150. Delegation by Hg designated representative
and alternate Hg designated representative. (Repealed.)
A. A Hg 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 Hg 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 Hg designated representative or alternate Hg 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, e-mail address, telephone number, and
facsimile transmission number (if any) of such Hg designated representative or
alternate Hg designated representative;
2. The name, address, e-mail 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 or her; and
4. The following certification statements by such Hg
designated representative or alternate Hg 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 Hg designated representative or alternate Hg designated
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 9VAC5-140-5150 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 9VAC5-140-5150 D, I agree to maintain an
e-mail account and to notify the administrator immediately of any change in my
e-mail address, unless all delegation of authority by me under 9VAC5-140-5150
is terminated."
D. A notice of delegation submitted under subsection C of
this section shall be effective, with regard to the Hg designated
representative or alternate Hg 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 Hg
designated representative or alternate Hg 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 Hg designated representative or alternative Hg
designated representative submitting such notice of delegation.
9VAC5-140-5160 to 9VAC5-140-5190. [Reserved] (Repealed.)
Historical Notes
Derived from Virginia Register Volume 28, Issue 25, eff. September 27, 2012.
Article 3
Permits
9VAC5-140-5200. General Hg Budget Trading Program permit
requirements. (Repealed.)
A. For each Hg Budget source required to have a title V
operating permit, such permit shall include a Hg Budget permit administered by the
permitting authority for the title V operating permit. The Hg Budget portion of
the title V permit shall be administered in accordance with the permitting
authority's title V operating permit regulations, except as provided otherwise
by subsection B of this section, 9VAC5-140-5050, and 9VAC5-140-5210 through
9VAC5-140-5240.
B. Each Hg Budget permit shall contain, with regard to the
Hg Budget source and the Hg Budget units at the source covered by the Hg Budget
permit, all applicable Hg Budget Trading Program requirements and shall be a
complete and separable portion of the title V operating permit.
9VAC5-140-5210. Submission of Hg Budget permit applications.
(Repealed.)
A. The Hg designated representative of any Hg Budget source
required to have a title V operating permit shall submit to the permitting
authority a complete Hg Budget permit application under 9VAC5-140-5220 for the
source covering each Hg Budget 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 Hg Budget unit commences commercial
operation.
B. For a Hg Budget source required to have a title V
operating permit, the Hg designated representative shall submit a complete Hg
Budget permit application under 9VAC5-140-5220 for the source covering each Hg
Budget unit at the source to renew the Hg Budget permit in accordance with the
permitting authority's title V operating permits regulations addressing permit
renewal.
9VAC5-140-5220. Information requirements for Hg Budget permit
applications. (Repealed.)
A complete Hg Budget permit application shall include the
following elements concerning the Hg Budget source for which the application is
submitted, in a format prescribed by the permitting authority:
1. Identification of the Hg Budget source;
2. Identification of each Hg Budget unit at the Hg Budget
source; and
3. The standard requirements under 9VAC5-140-5060.
9VAC5-140-5230. Hg Budget permit contents and term. (Repealed.)
A. Each Hg Budget permit will contain, in a format
prescribed by the permitting authority, all elements required for a complete Hg
Budget permit application under 9VAC5-140-5220.
B. Each Hg Budget permit is deemed to incorporate
automatically the definitions of terms under 9VAC5-140-5020 and, upon
recordation by the administrator under Article 5 (9VAC5-140-5400 et seq.),
Article 6 (9VAC5-140-5500 et seq.) and Article 7 (9VAC5-140-5600 et seq.) of
this part, every allocation, transfer, or deduction of a Hg allowance to or
from the compliance account of the Hg Budget source covered by the permit.
C. The term of the Hg Budget permit will be set by the
permitting authority, as necessary to facilitate coordination of the renewal of
the Hg Budget permit with issuance, revision, or renewal of the Hg Budget
source's title V operating permit.
9VAC5-140-5240. Hg Budget permit revisions. (Repealed.)
Except as provided in 9VAC5-140-5230 B, the permitting
authority will revise the Hg Budget permit, as necessary, in accordance with
the permitting authority's title V operating permits regulations addressing
permit revisions.
9VAC5-140-5250 to 9VAC5-140-5290. [Reserved] (Repealed.)
Historical Notes
Derived from Virginia Register Volume 28, Issue 25, eff. September 27, 2012.
Article 4
(Reserved.)
9VAC5-140-5300 to 9VAC5-140-5390. [Reserved] (Repealed.)
Historical Notes
Derived from Virginia Register Volume 28, Issue 25, eff. September 27, 2012.
Article 5
Hg Allowance Allocations
9VAC5-140-5400. Hg trading budgets. (Repealed.)
The Hg trading budgets for annual allocations of Hg
allowances apportioned to all Hg Budget units and energy efficiency units and
renewable energy units for the control periods are as follows:
1. For use in each control period in 2010-2017, the total
number of Hg pounds is 1,184.
2. For use in each control period in 2018 and thereafter,
the total number of Hg pounds is 468.
9VAC5-140-5410. Timing requirements for Hg allowance
allocations. (Repealed.)
A. By November 17, 2006, the permitting authority will
submit to the administrator the Hg allowance allocations, in a format
prescribed by the administrator and in accordance with 9VAC5-140-5420 A and B,
for the control periods in 2010, 2011, 2012, 2013, and 2014.
B. By October 31, 2009, and October 31 of each year
thereafter, the permitting authority will submit to the administrator the Hg
allowance allocations, in a format prescribed by the administrator and in
accordance with 9VAC5-140-5420 A and B, for the control period in the sixth
year after the year of the applicable deadline for submission under this
section.
C. By October 31, 2010, and October 31 of each year
thereafter, the permitting authority will submit to the administrator the Hg
allowance allocations, in a format prescribed by the administrator and in
accordance with 9VAC5-140-5420 A, C, and D, for the control period in the year
of the applicable deadline for submission under this section.
9VAC5-140-5420. Hg allowance allocations. (Repealed.)
A. 1. The baseline heat input (in MMBtu) used with respect
to Hg allowance allocations under subsection B of this section for each Hg
Budget unit will be:
a. For units commencing operation before January 1, 2001,
the average of the three highest amounts of the unit's control period heat
input for 2000 through 2004.
b. For units commencing operation on or after January 1,
2001 and operating each calendar year during a period of 5 or more consecutive
calendar years, the average of the 3 highest amounts of the unit's total
converted control period heat input over the first such 5 years.
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 ounces of Hg
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. The unit's types and amounts of fuel combusted,
under subdivision 1 a of this subsection, will be based on the best available
data reported to the permitting authority for the unit.
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 b (2) of this
subsection, 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 2010 and thereafter, the
permitting authority will allocate to all Hg Budget units that have a baseline
heat input (as determined under subsection A of this section) a total amount of
Hg allowances equal to the Hg core trading budget (except as provided in
subsection D of this section).
2. The permitting authority will allocate Hg allowances to
each Hg Budget unit under subdivision 1 of this subsection in an amount
determined by multiplying the total amount of Hg allowances allocated under
subdivision 1 of this subsection by the ratio of the baseline heat input of
such Hg Budget unit to the total amount of baseline heat input of all such Hg
Budget units and rounding to the nearest whole allowance as appropriate.
C. For each control period in 2010 and thereafter, the
permitting authority will allocate Hg allowances to Hg Budget units that are
not allocated Hg 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 Hg 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 Hg allowances equal to the new unit set-aside budget.
2. The Hg designated representative of such a Hg Budget unit
may submit to the permitting authority a request, in a format acceptable to the
permitting authority, to be allocated Hg allowances, starting with the later of
the control period in 2010 or the first control period after the control period
in which the Hg Budget unit commences commercial operation and until the first
control period for which the unit is allocated Hg allowances under subsection B
of this section. A separate Hg allowance allocation request for each control
period for which Hg allowances are sought must be submitted on or before May 1
of such control period and after the date on which the Hg Budget unit commences
commercial operation.
3. In a Hg allowance allocation request under subdivision 2
of this subsection, the Hg designated representative may request for a control
period Hg allowances in an amount not exceeding the Hg Budget unit's total
ounces of Hg emissions during the calendar year immediately before such control
period.
4. The permitting authority will review each Hg allowance
allocation request under subdivision 2 of this subsection and will allocate Hg
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 Hg allowances requested (as adjusted
under subdivision 4 a of this subsection) in all allowance allocation requests
accepted under subdivision 4 a of this subsection for the control period.
c. If the amount of Hg allowances in the new unit set-aside
for the control period is greater than or equal to the sum under subdivision 4
b of this subsection, then the permitting authority will allocate the amount of
Hg allowances requested (as adjusted under subdivision a of this subdivision)
to each Hg Budget unit covered by an allowance allocation request accepted
under subdivision 4 a of this subsection.
d. If the amount of Hg allowances in the new unit set-aside
for the control period is less than the sum under subdivision 4 b of this
subsection, then the permitting authority will allocate to each Hg Budget unit
covered by an allowance allocation request accepted under subdivision 4 a of
this subsection the amount of the Hg allowances requested (as adjusted under
subdivision 4 a of this subsection), multiplied by the amount of Hg allowances
in the new unit set-aside for the control period, divided by the sum determined
under subdivision 4 b of this subsection, and rounded to the nearest whole
allowance as appropriate.
e. The permitting authority will notify each Hg designated
representative that submitted an allowance allocation request of the amount of
Hg allowances (if any) allocated for the control period to the Hg Budget unit
covered by the request.
D. If, after completion of the procedures under subdivision
C 4 of this section for a control period, any unallocated Hg allowances remain
in the new unit set-aside for the control period, the permitting authority will
allocate to each Hg Budget unit that was allocated Hg allowances under
subsection B of this section an amount of Hg allowances equal to the total
amount of such remaining unallocated Hg allowances, multiplied by the unit's
allocation under subsection B of this section, divided by the Hg core trading
budget, and rounded to the nearest whole allowance as appropriate.
E. For each control period in 2010 and thereafter, the
permitting authority will allocate Hg 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 Hg allowances,
starting with the later of the control period in 2010 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 Hg
allowance allocation request must be submitted on or before July 1 of each
control period for which the Hg 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 Hg 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 Hg allowance allocation request under subdivisions 1
and 2 of this subsection, the EERE proponent may request for a control period
Hg 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 20x10-6 lb/MWh and multiplied by
16 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 20x10-6 lb/MWh
and multiplied by 16 and rounded to the nearest whole allowance as appropriate.
4. The permitting authority will review each Hg allowance
allocation request under subdivisions 1 and 2 of this subsection and will
allocate Hg 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 Hg allowances requested (as
adjusted under subdivision 4 a of this subsection) in all allowance allocation
requests accepted under subdivision 4 a of this subsection for the control
period.
c. If the amount of Hg allowances in the new energy
efficiency/renewable energy unit set-aside budget for the control period is
greater than or equal to the sum under subdivision 4 b of this subsection, the
permitting authority will allocate the amount of Hg allowances requested (as
adjusted under subdivision 4 a of this subsection) to each energy efficiency
unit or renewable energy unit covered by an allowance allocation request
accepted under subdivision 4 a of this subsection.
d. If the amount of Hg allowances in the new energy
efficiency/renewable energy unit set-aside budget for the control period is
less than the sum under subdivision 4 b of this subsection, the permitting
authority will allocate to each energy efficiency unit or renewable energy unit
covered by an allowance allocation request accepted under subdivision 4 a of
this subsection the amount of the Hg allowances requested (as adjusted under
subdivision 4 a of this subsection), multiplied by the amount of Hg allowances
in the new energy efficiency/renewable energy unit set-aside budget for the
control period, divided by the sum determined under subdivision 4 b of this
subsection, 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 Hg 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 Hg allowances
have remained in the new energy efficiency/renewable energy unit 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 Hg budget unit.
7. The permitting authority will not submit to the
administrator the Hg allowance allocations under subdivision 4 of this
subsection.
8. Hg 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 Hg Budget Trading Program,
and (iii) shall not be available for compliance for any Hg budget unit.
9VAC5-140-5430 to 9VAC5-140-5490. [Reserved] (Repealed.)
Historical Notes
Derived from Virginia Register Volume 28, Issue 25, eff. September 27, 2012.
Article 6
Hg Allowance Tracking System
9VAC5-140-5500. [Reserved] (Repealed.)
Historical Notes
Derived from Virginia Register Volume 28, Issue 25, eff. September 27, 2012.
9VAC5-140-5510. Establishment of accounts. (Repealed.)
A. Upon receipt of a complete certificate of representation
under 9VAC5-140-5130, the administrator will establish a compliance account for
the Hg Budget 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 Hg allowances. An application for a general
account may designate one and only one Hg authorized account representative and
one and only one alternate Hg authorized account representative who may act on
behalf of the Hg authorized account representative. The agreement by which the
alternate Hg authorized account representative is selected shall include a
procedure for authorizing the alternate Hg authorized account representative to
act in lieu of the Hg 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, e-mail address (if any),
telephone number, and facsimile transmission number (if any) of the Hg
authorized account representative and any alternate Hg 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 Hg authorized account representative and any alternate Hg authorized
account representative to represent their ownership interest with respect to
the Hg allowances held in the general account;
(4) The following certification statement by the Hg
authorized account representative and any alternate Hg authorized account
representative: "I certify that I was selected as the Hg authorized
account representative or the alternate Hg authorized account representative,
as applicable, by an agreement that is binding on all persons who have an
ownership interest with respect to Hg allowances held in the general account. I
certify that I have all the necessary authority to carry out my duties and
responsibilities under the Hg Budget Trading Program on behalf of such persons
and that each such person shall be fully bound by my representations, actions,
inactions, or submissions and by any order or decision issued to me by the
administrator or a court regarding the general account."
(5) The signature of the Hg authorized account
representative and any alternate Hg 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. Hg authorized account representatives and alternate Hg
authorized account representatives shall be authorized 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 Hg authorized account representative and any
alternate Hg authorized account representative for the general account shall
represent and, by his representations, actions, inactions, or submissions,
legally bind each person who has an ownership interest with respect to Hg
allowances held in the general account in all matters pertaining to the Hg
Budget Trading Program, notwithstanding any agreement between the Hg authorized
account representative or any alternate Hg authorized account representative
and such person. Any such person shall be bound by any order or decision issued
to the Hg authorized account representative or any alternate Hg authorized
account representative by the administrator or a court regarding the general
account.
(3) Any representation, action, inaction, or submission by
any alternate Hg authorized account representative shall be deemed to be a
representation, action, inaction, or submission by the Hg authorized account
representative.
b. Each submission concerning the general account shall be
submitted, signed, and certified by the Hg authorized account representative or
any alternate Hg authorized account representative for the persons having an
ownership interest with respect to Hg allowances held in the general account.
Each such submission shall include the following certification statement by the
Hg authorized account representative or any alternate Hg authorized account
representative: "I am authorized to make this submission on behalf of the
persons having an ownership interest with respect to the Hg 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 2 b of this subsection.
3. Hg authorized account representatives, alternate Hg
authorized account representatives, and persons with ownership interest shall
be changed as follows.
a. The Hg 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 Hg 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 Hg authorized
account representative and the persons with an ownership interest with respect
to the Hg allowances in the general account.
b. The alternate Hg 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 Hg 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 Hg authorized account representative and the persons with an
ownership interest with respect to the Hg allowances in the general account.
c. (1) In the event a person having an ownership interest
with respect to Hg 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 Hg
authorized account representative and any alternate Hg 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 Hg allowances in the general
account, including the addition of a new person, the Hg authorized account
representative or any alternate Hg 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 Hg allowances in the
general account to include the change.
4. Objections concerning Hg authorized account
representative and alternate Hg authorized account representative are subject
to the following.
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 Hg authorized account representative or any alternate Hg
authorized account representative for a general account shall affect any
representation, action, inaction, or submission of the Hg authorized account
representative or any alternate Hg authorized account representative or the
finality of any decision or order by the administrator under the Hg Budget Trading
Program.
c. The administrator will not adjudicate any private legal
dispute concerning the authorization or any representation, action, inaction,
or submission of the Hg authorized account representative or any alternate Hg
authorized account representative for a general account, including private
legal disputes concerning the proceeds of Hg allowance transfers.
5. Delegation by Hg authorized account representative and
alternate Hg authorized account representative shall be accomplished as
follows.
a. A Hg 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 (9VAC5-140-5500 et
seq.) and Article 7 (9VAC5-140-5600 et seq.) of this part.
b. An alternate Hg 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
(9VAC5-140-5500 et seq.) and Article 7 (9VAC5-140-5600 et seq.) of this part.
c. In order to delegate authority to make an electronic
submission to the administrator in accordance with subdivision 5 a or b of this
subsection, the Hg authorized account representative or alternate Hg 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, e-mail address, telephone number,
and facsimile transmission number (if any) of such Hg authorized account
representative or alternate Hg authorized account representative;
(2) The name, address, e-mail 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 Hg
authorized account representative or alternate Hg 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 Hg authorized account representative or alternate Hg authorized
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 9VAC5-140-5510 B 5 d shall be
deemed to be an electronic submission by me."; and
(5) The following certification statement by such Hg
authorized account representative or alternate Hg authorized account
representative: "Until this notice of delegation is superseded by another
notice of delegation under 9VAC5-140-5510 B 5 d, I agree to maintain an email
account and to notify the administrator immediately of any change in my e-mail
address unless all delegation of authority under 9VAC5-140-5510 B 5 is
terminated."
d. A notice of delegation submitted under subdivision 5 c
of this subsection shall be effective, with regard to the Hg authorized account
representative or alternate Hg 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 Hg
authorized account representative or alternate Hg 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 5 c (4) of this subsection and made in accordance with a notice
of delegation effective under subdivision 5 d of this subsection shall be
deemed to be an electronic submission by the Hg designated representative or
alternate Hg 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.
9VAC5-140-5520. Responsibilities of Hg authorized account
representative. (Repealed.)
Following the establishment of a Hg 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 Hg allowances in the account, shall be made only by the Hg authorized
account representative for the account.
9VAC5-140-5530. Recordation of Hg allowance allocations. (Repealed.)
A. By December 1, 2007, the administrator will record in
the Hg Budget source's compliance account the Hg allowances allocated for the
Hg Budget units at the source, as submitted by the permitting authority in
accordance with 9VAC5-140-5410 A, for the control periods in 2010, 2011, 2012,
2013, and 2014.
B. By December 1, 2009, the administrator will record in
the Hg Budget source's compliance account the Hg allowances allocated for the
Hg Budget units at the source, as submitted by the permitting authority in
accordance with 9VAC5-140-5410 B, for the control period in 2015.
C. By December 1, 2010, and December 1 of each year
thereafter, the administrator will record in the Hg Budget source's compliance
account the Hg allowances allocated for the Hg Budget units at the source, as
submitted by the permitting authority in accordance with 9VAC5-140-5410 B, for
the control period in the sixth year after the year of the applicable deadline
for recordation under this section.
D. By December 1, 2010, and December 1 of each year
thereafter, the administrator will record in the Hg Budget source's compliance
account the Hg allowances allocated for the Hg Budget units at the source, as
submitted by the permitting authority in accordance with 9VAC5-140-5410 C, for
the control period in the year of the applicable deadline for recordation under
this section.
E. When recording the allocation of Hg allowances for a Hg
Budget unit in a compliance account, the administrator will assign each Hg
allowance a unique identification number that will include digits identifying
the year of the control period for which the Hg allowance is allocated.
9VAC5-140-5540. Compliance with Hg Budget emissions
limitation. (Repealed.)
A. The Hg allowances are available to be deducted for
compliance with a source's Hg Budget emissions limitation for a control period
in a given calendar year only if the Hg 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 Hg allowance transfer correctly submitted for recordation under
9VAC5-140-5600 and 9VAC5-140-5610 by the allowance transfer deadline for the
control period.
B. Following the recordation, in accordance with
9VAC5-140-5610, of Hg 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 Hg allowances
available under subsection A of this section in order to determine whether the
source meets the Hg Budget emissions limitation for the control period, as
follows:
1. Until the amount of Hg allowances deducted equals the
number of ounces of total Hg emissions, determined in accordance with Article 8
(9VAC5-140-5700 et seq.) of this part, from all Hg Budget units at the source
for the control period; or
2. If there are insufficient Hg allowances to complete the
deductions in subdivision 1 of this subsection, until no more Hg allowances
available under subsection A of this section remain in the compliance account.
C. 1. The Hg authorized account representative for a
source's compliance account may request that specific Hg 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 Hg Budget source and the
appropriate serial numbers.
2. The administrator will deduct Hg 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 Hg
allowances by serial number under subdivision 1 of this subsection, on a
first-in, first-out accounting basis in the following order:
a. Any Hg allowances that were allocated to the units at
the source, in the order of recordation; and then
b. Any Hg allowances that were allocated to any entity and
transferred and recorded in the compliance account pursuant to 9VAC5-140-5600
and 9VAC5-140-5610, in the order of recordation.
D. Deductions for excess emissions shall meet the
following:
1. After making the deductions for compliance under
subsection B of this section for a control period in a calendar year in which
the Hg Budget source has excess emissions, the administrator will deduct from
the source's compliance account an amount of Hg allowances, allocated for the
control period in the immediately following calendar year, equal to three times
the number of ounces 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 Hg Budget source or the Hg Budget 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.
F. The administrator's action on submissions may include
the following:
1. The administrator may review and conduct independent
audits concerning any submission under the Hg Budget Trading Program and make
appropriate adjustments of the information in the submissions.
2. The administrator may deduct Hg allowances from or
transfer Hg 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.
9VAC5-140-5550. Banking. (Repealed.)
A. Hg 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 Hg allowance that is held in a compliance account or
a general account will remain in such account unless and until the Hg allowance
is deducted or transferred under 9VAC5-140-5540, 9VAC5-140-5560, or Article 7
(9VAC5-140-5600 et seq.) of this part.
9VAC5-140-5560. Account error. (Repealed.)
The administrator may, at his sole discretion and on his
own motion, correct any error in any Hg Allowance Tracking System account.
Within 10 business days of making such correction, the administrator will
notify the Hg authorized account representative for the account.
9VAC5-140-5570. Closing of general accounts. (Repealed.)
A. The Hg 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 9VAC5-140-5600 and
9VAC5-140-5610 for any Hg allowances in the account to one or more other Hg
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 Hg
allowances, the administrator may notify the Hg 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 Hg allowances into the account under
9VAC5-140-5600 and 9VAC5-140-5610 or a statement submitted by the Hg authorized
account representative demonstrating to the satisfaction of the administrator
good cause as to why the account should not be closed.
9VAC5-140-5580 to 9VAC5-140-5590. [Reserved] (Repealed.)
Historical Notes
Derived from Virginia Register Volume 28, Issue 25, eff. September 27, 2012.
Article 7
Hg Allowance Transfers
9VAC5-140-5600. Submission of Hg allowance transfers. (Repealed.)
A Hg authorized account representative seeking recordation
of a Hg allowance transfer shall submit the transfer to the administrator. To
be considered correctly submitted, the Hg 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 Hg allowance that is in the
transferor account and is to be transferred; and
3. The name and signature of the Hg authorized account
representative of the transferor account and the date signed.
9VAC5-140-5610. EPA recordation. (Repealed.)
A. Within five business days (except as provided in
subsection B of this section) of receiving a Hg allowance transfer, the
administrator will record a Hg allowance transfer by moving each Hg allowance
from the transferor account to the transferee account as specified by the
request, provided that:
1. The transfer is correctly submitted under 9VAC5-140-5600;
and
2. The transferor account includes each Hg allowance
identified by serial number in the transfer.
B. A Hg allowance transfer that is submitted for
recordation after the allowance transfer deadline for a control period and that
includes any Hg allowances allocated for any control period before such
allowance transfer deadline will not be recorded until after the administrator
completes the deductions under 9VAC5-140-5540 for the control period
immediately before such allowance transfer deadline.
C. Where a Hg allowance transfer submitted for recordation
fails to meet the requirements of subsection A of this section, the
administrator will not record such transfer.
9VAC5-140-5620. Notification. (Repealed.)
A. Within five business days of recordation of a Hg
allowance transfer under 9VAC5-140-5610, the administrator will notify the Hg
authorized account representatives of both the transferor and transferee
accounts.
B. Within 10 business days of receipt of a Hg allowance
transfer that fails to meet the requirements of 9VAC5-140-5610 A, the
administrator will notify the Hg 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 Hg allowance transfer for recordation following notification of
nonrecordation.
9VAC5-140-5630 to 9VAC5-140-5690. [Reserved] (Repealed.)
Historical Notes
Derived from Virginia Register Volume 28, Issue 25, eff. September 27, 2012.
Article 8
Monitoring and Reporting
9VAC5-140-5700. General requirements. (Repealed.)
A. The owners and operators, and to the extent applicable,
the Hg designated representative, of a Hg Budget unit shall comply with the monitoring,
recordkeeping, and reporting requirements as provided in this article and
subpart I of 40 CFR Part 75. For purposes of complying with such requirements,
the definitions in 9VAC5-140-5020 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 "Hg Budget unit," "Hg
designated representative," and "continuous emission monitoring
system (CEMS)" respectively, as defined in 9VAC5-140-5020. The owner or
operator of a unit that is not a Hg Budget unit but that is monitored under 40
CFR 75.82(b)(2)(i) shall comply with the same monitoring, recordkeeping, and
reporting requirements as a Hg Budget unit.
B. The owner or operator of each Hg Budget unit shall:
1. Install all monitoring systems required under this
article for monitoring Hg mass emissions and individual unit heat input
(including all systems required to monitor Hg concentration, stack gas moisture
content, stack gas flow rate, and CO2 or O2
concentration, as applicable, in accordance with 40 CFR 75.81 and 75.82);
2. Successfully complete all certification tests required
under 9VAC5-140-5710 and meet all other requirements of this article, and
subpart I of 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 Hg Budget unit that
commences commercial operation before July 1, 2008, by January 1, 2009.
2. For the owner or operator of a Hg Budget 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 Hg Budget unit for which
construction of a new stack or flue or installation of add-on Hg emission
controls, a flue gas desulfurization system, a selective catalytic reduction
system, or a compact hybrid particulate collector system is completed after the
applicable deadline under subdivision 1 or 2 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,
add-on Hg emissions controls, flue gas desulfurization system, selective
catalytic reduction system, or compact hybrid particulate collector system.
D. The owner or operator of a Hg Budget 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 Hg concentration, stack gas flow
rate, stack gas moisture content, and any other parameters required to
determine Hg mass emissions and heat input in accordance with 40 CFR 75.80(g).
E. The following prohibitions shall apply:
1. No owner or operator of a Hg Budget 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 9VAC5-140-5750.
2. No owner or operator of a Hg Budget unit shall operate
the unit so as to discharge, or allow to be discharged, Hg emissions to the
atmosphere without accounting for all such emissions in accordance with the
applicable provisions of this article, and subpart I of 40 CFR Part 75.
3. No owner or operator of a Hg Budget unit shall disrupt
the continuous emission monitoring system, any portion thereof, or any other
approved emission monitoring method, and thereby avoid monitoring and recording
Hg 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 subpart I of 40 CFR Part 75.
4. No owner or operator of a Hg Budget 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 9VAC5-140-5050 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 subpart I of 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 Hg 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 9VAC5-140-5710 C 3
a.
F. The owner or operator of a Hg Budget unit is subject to
the applicable provisions of 40 CFR Part 75 concerning units in long-term cold
storage.
9VAC5-140-5710. Initial certification and recertification
procedures. (Repealed.)
A. The owner or operator of a Hg Budget unit shall be
exempt from the initial certification requirements of this section for a
monitoring system under 9VAC5-140-5700 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 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 9VAC5-140-5700 B 1 exempt from initial certification
requirements under subsection A of this section.
C. Except as provided in subsection A of this section, the
owner or operator of a Hg Budget 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 (sorbent trap monitoring system) under 40 CFR 75.15) under
9VAC5-140-5700 B 1. The owner or operator of a unit that qualifies to use the
Hg low mass emissions excepted monitoring methodology under 40 CFR 75.81(b) or
that qualifies to use an alternative monitoring system under subpart E of 40
CFR Part 75 shall comply with the procedures in subsection D or E of this
section respectively.
1. The owner or operator shall ensure that each continuous
monitoring system under 9VAC5-140-5700 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
9VAC5-140-5700 C. In addition, whenever the owner or operator installs a
monitoring system to meet the requirements of this part 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,
or an excepted monitoring system (sorbent trap monitoring system) under 40 CFR
75.15, under 9VAC5-140-5700 B 1 that may significantly affect the ability of
the system to accurately measure or record Hg 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, and each excepted monitoring system
(sorbent trap monitoring system) under 40 CFR 75.15, 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.
3. Subdivisions 3 a through d of this subsection apply to
both initial certification and recertification of a continuous monitoring
system under 9VAC5-140-5700 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)
in lieu of the procedures in subdivision 3 e of this subsection.
a. The Hg designated representative shall submit to the
permitting authority, the appropriate EPA Regional Office, and the
administrator written notice of the dates of certification testing, in
accordance with 9VAC5-140-5730.
b. The Hg 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 Hg Budget
Trading Program for a period not to exceed 120 days after receipt by the
permitting authority of the complete certification application for the
monitoring system under subdivision 3 b of this subsection. Data measured and
recorded by the provisionally certified monitoring system, in accordance with
the requirements of 40 CFR Part 75, 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 3 b of this subsection. In the event the permitting authority
does not issue such a notice within such 120-day period, each monitoring system
that meets the applicable performance requirements of 40 CFR Part 75 and is
included in the certification application will be deemed certified for use
under the Hg Budget Trading Program.
(1) If the certification application is complete and shows
that each monitoring system meets the applicable performance requirements of 40
CFR Part 75, then the permitting authority will issue a written notice of
approval of the certification application within 120 days of receipt.
(2) 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 Hg designated representative shall submit
the additional information required to complete the certification application.
If the Hg 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 d (3) of this subsection. 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 3 d (2) of this subsection 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 3
e of this subsection for each monitoring system that is disapproved for initial
certification.
(4) The permitting authority may issue a notice of
disapproval of the certification status of a monitor in accordance with
9VAC5-140-5720.
e. If the permitting authority issues a notice of
disapproval of a certification application under subdivision 3 d (3) of this
subsection or a notice of disapproval of certification status under subdivision
3 d (4) of this subsection, then:
(1) The owner or operator shall substitute the following
values, for each disapproved monitoring system, for each hour of unit operation
during the period of invalid data specified under 40 CFR 75.20(a)(4)(iii) or 40
CFR 75.21(e) and continuing until the applicable date and hour specified under
40 CFR 75.20(a)(5)(i):
(a) For a disapproved Hg pollutant concentration monitor
and disapproved flow monitor, respectively, the maximum potential concentration
of Hg and the maximum potential flow rate, as defined in sections 2.1.7.1 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 excepted monitoring system (sorbent
trap monitoring system) under 40 CFR 75.15 and disapproved flow monitor,
respectively, the maximum potential concentration of Hg and maximum potential
flow rate, as defined in sections 2.1.7.1 and 2.1.4.1 of appendix A to 40 CFR
Part 75.
(2) The Hg 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 notice of disapproval, no later than 30
unit operating days after the date of issuance of the notice of disapproval.
D. The owner or operator of a unit qualified to use the Hg
low mass emissions (HgLME) excepted methodology under 40 CFR 75.81(b) shall
meet the applicable certification and recertification requirements in 40 CFR
75.81(c) through (f).
E. The Hg designated representative of each unit for which
the owner or operator intends to use an alternative monitoring system approved
by the administrator under subpart E of 40 CFR Part 75 shall comply with the
applicable notification and application procedures of 40 CFR 75.20(f).
9VAC5-140-5720. 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 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
9VAC5-140-5710 or the applicable provisions of 40 CFR Part 75, both at the time
of the initial certification or recertification application submission and at
the time of the audit, the permitting authority will issue a notice of
disapproval of the certification status of such monitoring system. For the
purposes of this section, an audit shall be either a field audit or an audit of
any information submitted to the permitting authority or the administrator. By
issuing the notice of disapproval, the permitting authority revokes
prospectively the certification status of the 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 9VAC5-140-5710 for each
disapproved monitoring system.
9VAC5-140-5730. Notifications. (Repealed.)
The Hg designated representative for a Hg Budget unit shall
submit written notice to the permitting authority and the administrator in
accordance with 40 CFR 75.61.
9VAC5-140-5740. Recordkeeping and reporting. (Repealed.)
A. The Hg designated representative shall comply with all
recordkeeping and reporting requirements in this section, the applicable recordkeeping
and reporting requirements of 40 CFR 75.84, and the requirements of
9VAC5-140-5100 E 1.
B. The owner or operator of a Hg Budget unit shall comply
with requirements of 40 CFR 75.84(e).
C. The Hg designated representative shall submit an application
to the permitting authority within 45 days after completing all initial
certification or recertification tests required under 9VAC5-140-5710, including
the information required under 40 CFR 75.63.
D. The Hg designated representative shall submit quarterly
reports, as follows:
1. The Hg designated representative shall report the Hg mass
emissions data and heat input data for the Hg Budget 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; or
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 9VAC5-140-5700 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.
2. The Hg 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 75.84(f).
3. For Hg Budget units that are also subject to an Acid Rain
emissions limitation or the CAIR NOX Annual Trading Program, CAIR SO2
Trading Program, or CAIR NOX Ozone Season Trading Program, quarterly
reports shall include the applicable data and information required by subparts
F through H of 40 CFR Part 75 as applicable, in addition to the Hg mass
emission data, heat input data, and other information required by this section,
9VAC5-140 5700 through 9VAC5-140-5730, and 9VAC5-140-5750.
E. The Hg 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 section, 9VAC5-140-5700 through
9VAC5-140-5730, 9VAC5-140-5750, and 40 CFR Part 75, including the quality
assurance procedures and specifications; and
2. For a unit with add-on Hg emission controls, a flue gas
desulfurization system, a selective catalytic reduction system, or a compact
hybrid particulate collector system and for all hours where Hg data are
substituted in accordance with 40 CFR 75.34(a)(1),
a. (1) The Hg add-on emission controls, flue gas
desulfurization system, selective catalytic reduction system, or compact hybrid
particulate collector system were operating within the range of parameters
listed in the quality assurance/quality control program under appendix B to 40
CFR Part 75; or
(2) With regard to a flue gas desulfurization system or a selective
catalytic reduction system, quality-assured SO2 emission data
recorded in accordance with 40 CFR Part 75 document that the flue gas
desulfurization system was operating properly, or quality-assured NOX
emission data recorded in accordance with 40 CFR Part 75 document that the
selective catalytic system was operating properly, as applicable, and
b. The substitute data values do not systematically
underestimate Hg emissions.
9VAC5-140-5750. Petitions. (Repealed.)
The Hg designated representative of a Hg Budget unit may
submit a petition under 40 CFR 75.66 to the administrator requesting approval
to apply an alternative to any requirement of 9VAC5-140-5700 through 9VAC5-140-5740.
Application of an alternative to any requirement of 9VAC5-140-5700 through
9VAC5-140-5740 is in accordance with this section and 9VAC5-140-5700 through
9VAC5-140-5740 only to the extent that the petition is approved in writing by
the administrator, in consultation with the permitting authority.