CHAPTER Env-A 3200
NOx BUDGET TRADING PROGRAM
Statutory Authority:
RSA 125-J:12, I
REVISION NOTE:
Document #11001, effective 1-1-16,
re-adopted with amendments Chapter Env-A 3200, including extensive renumbering
of the rules within the chapter. The
existing rules in the former Chapter Env-A 3200 had last been filed under
Document #9022, effective 11-2-07, but they did not expire on 11-2-15 but were
extended pursuant to RSA 541-A:14-a until superseded by the rules in Document
#11011, effective 1-1-16.
Document #11001 supersedes all prior
filings affecting the provisions in the former Chapter Env-A 3200. The prior filings affecting the former
Chapter Env-A 3200 include the following documents:
#6811, eff 7-27-98, EXEMPT
#7077, eff 8-25-99
#7229, eff 4-1-00
#7897, eff 5-24-03
#8055, eff 2-28-04
#8968, INTERIM, eff 8-25-07
#9022, eff 11-2-07
PART Env-A 3201
PURPOSE
Env-A
3201.01 Purpose. The purpose of this chapter is to implement
the NOx Budget Program established by RSA 125-J:2 and RSA 125-J:2-a, which
requires reductions in ozone season NOx emissions from NOx budget sources, as
defined in RSA 125-J:1, XIX-b, in order to further the effort to achieve the
national ambient air quality standards (NAAQS) for ozone.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3202
APPLICABILITY
Env-A
3202.01 Applicability. This chapter shall apply to the owner or
operator of the following sources:
(a) Eversource facilities MK1, MK2, MKCT1, MKCT2,
SR4 through SR6, SRCT1, NT1, WL1, and LN1;
(b) Granite Ridge Energy; and
(c)
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3203
DEFINITIONS
Env-A 3203.01 “Account number” means the identification
number given by the administrator of the NOx allowance tracking system (NATS), as
defined in Env-A 3203.39, to an account in which allowances are held in the NOx
allowance tracking system.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3203.02 “Account”
means the place in the NOx allowance tracking system where allowances are
recorded, either:
(a)
A compliance account, where allowances are held by a budget source;
(b)
An overdraft account, where allowances are held by a group of budget
sources; or
(c)
A general account, where allowances are held by any person.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.03 “Acquiring account” means the party in an allowance
transfer who obtains allowances through purchase, trade, auction or gift.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.04 “Affected facilities” means
fossil fuel-fired boilers or indirect heat exchangers with a maximum rated heat
input capacity of 250 MMBtu/Hour or more which operated at any time in calendar
year 1990.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.05 “Allocate” means the initial assignment
of allowances to a budget source through this regulation, and recorded by the
administrator to a NOx allowance
tracking system account. The term
includes “allocation.”
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.06 “Allocation period” means any one of 3 time periods to
which allowances are allocated including the period 1999 through 2002, the
period 2003 through 2005 and the period 2006 and beyond.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.07 “Allowance” means “NOx budget
allowance” as defined in RSA 125-J:1, XIX-a, as reprinted in Appendix B.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.08 “Allowance deduction” means the withdrawal
of allowances by the administrator for permanent retirement from a NOx
allowance tracking system account.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.09 “Allowance transfer” means the
conveyance of one or more allowances from one account to another by whatever
means, including but not limited to purchase, trade, auction, or gift in
accordance with the procedures established in this chapter, effected by the
submission of an allowance transfer request to the NATS administrator.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.10 “Allowance transfer deadline”
means 12:01 a.m. on December 1 and is the deadline for recording allowances in
a budget source’s compliance or overdraft account for purposes of meeting the
requirements of this regulation for the preceding control period.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.11 “Alternative monitoring system”
means a system or component of a system, designed to provide direct or indirect
data of mass emissions per time period, pollutant concentrations, or volumetric
flow, as provided for in this chapter.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.12 “Authorized Account
Representative (AAR)” means the responsible person who is authorized, in
writing, to transfer and otherwise manage allowances as well as certify reports
to the NATS and the NOx emissions tracking system (NETS), as defined in Env-A
3203.40.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.13 “Banked allowance” means an
allowance that is not used to reconcile emissions in the designated year of
allocation but which is carried forward into the next year and flagged in the
account as banked.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.14 “Banking” means the retention of
unused allowances from one control period for use in a future control period.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.15 “Baseline” means the NOx
emission inventory approved by the ozone transport commission (OTC) as the
official 1990 baseline emissions of May 1 through September 30 for purposes of
the NOx budget program.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.16 “Budget” means the number, in tons per season, of NOx emissions which
results from the application of the emission reduction requirement of the OTC MOU
dated September 27, 1994, and which is the maximum amount of NOx emissions
which may be released from the budget sources collectively during a given
control period. The term includes
“emission budget.”
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.17 “Budget source” means “NOx
budget source” as defined in RSA 125-J:1, XIX-b, as reprinted in Appendix B.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.18 “Compliance account” means the
account for each budget source in the NOx allowance tracking system, in which
are held current and future year allowances useable for a specific designated
control period as indicated by their unique serial number.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.19 “Control period” means the period beginning May 1 of
each year and ending on September 30 of the same year, inclusive.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.20 “Current year” means the
calendar year in which the action takes place or for which an allocation is
designated.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.21 “Early reduction allowance”
means NOx emission reductions achieved during the control period of 1998 and
certified by the department pursuant to special temporary rules adopted by the
commissioner in accordance with RSA 125-J:12,I.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.22 “Electric generating device”
means any fossil fuel-fired combustion device of 15 MW capacity or greater which
provides electricity for sale or use.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.23 “Electric output” means the
electric generation, in MWh, from an electric generating device.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.24 “End-use efficiency projects”
means those power conservation projects that:
(a) Are implemented by, or on behalf of, a
consumer of electric power in
(b) Reduce consumers’ consumption of power;
(c) Were installed after May 1, 1999;
(d) Are in operation in the control period for
which allowances from the energy efficiency and renewable energy set-aside
under Env-A 3205.06 are claimed; and
(e) Correspond to no less than one ton of utility
NOx emissions reductions either individually or when aggregated with other
similar projects.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.25 “Eversource” means Eversource
Energy, formerly known as Public Service Company of New Hampshire (PSNH), or
its successor(s)-in-interests or assignee(s) or any organizational unit
thereof.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3203.26 “Excess emissions” means emissions of nitrogen
oxides reported by a budget source during the control period, rounded to the
nearest whole ton, which are greater than the equivalent number of allowances
allocated to, or which are available in, the budget source NOx allowance
tracking system compliance or overdraft account by the allowance transfer
deadline for that season.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.27 “Fossil fuel” means natural gas,
petroleum, coal or any form of solid, liquid or gaseous fuel derived wholly, or
in part, from such material.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.28 “Fossil fuel-fired” means the
combustion of fossil fuel or any derivative of fossil fuel alone, or, if in
combination with any other fuel, fossil fuel comprises 51% or greater of the
annual heat input on a BTU basis.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.29 “General account” means an
account in the NATS that is not a compliance or an overdraft account.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.30 “Heat input” means heat derived
from the combustion of fuel in a budget source and does not include the heat
derived from preheated combustion air, recirculated flue gas, or exhaust from
other sources.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.31 “Indirect heat exchanger” means
combustion equipment in which the flame and/or products of combustion are
separated from any contact with the principal material in the process by
metallic or refractory walls which includes, but is not limited to, the
following:
(a) Steam boilers;
(b) Vaporizers;
(c) Melting pots;
(d) Heat exchangers;
(e) Column reboilers;
(f) Fractioning column feed preheaters;
(g) Reactor feed preheaters; and
(h) Fuel-fired reactors such as:
(1) Steam
hydrocarbon reformer heaters; and
(2) Pyrolisis heaters.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3203.32 “LN” means Lost Nation station.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.33 “Maximum heat input capacity”
means the ability of a budget source to combust a stated maximum amount of fuel
on a steady-state basis, as determined by the physical design and
characteristics of the unit, and is expressed in millions of British Thermal
Units (MMBTU) per unit of time.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.34 “MK” means
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.35 “NT” means
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.36 “Nameplate capacity” means the
maximum unrestricted electrical generating output in MWe that a generator can
sustain over a specified period of time as measured in accordance with the
United States Department of Energy standards.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.37 “Net electric output (EO)” means
the final output of energy from a process after deducting any energy output
consumed in any way related to generating energy through that process.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.38 “Net thermal output (TO)” means
the thermal energy, in million British thermal units output (MMBtuout),
that is produced through a process and is used for industrial, commercial,
heating, or cooling purposes after the subtraction of heat for boiler feed or
combustion air preheating.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3203.39 “NOx allowance tracking system (NATS)” means
the computerized system operated and maintained by the department for purposes of tracking allowance use for the Acid
Rain Program, and for purposes of this chapter, used to track the number of
allowances held and used by any person.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.40 “NOx emissions tracking system (NETS)” means the computerized system operated and maintained by the EPA
for purposes of tracking emissions for the Acid Rain Program, and for purposes
of this chapter, used to track NOx emissions from budget sources.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.41 “Non-emitting generating
systems” means devices for generating electricity, including but not limited to
hydroelectric, nuclear, geothermal, wind, or solar power, that do not combust
fossil fuel or emit NOx emissions and have a nameplate capacity of 15 MW or
greater commencing or increasing operation after December 31, 1990.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.42 “Non-Part 75 budget source” means any budget source not subject to
the requirements for emissions monitoring adopted pursuant to Section 412 of
the Clean Air Act Amendments of 1990 and codified at 40 CFR 75.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.43 “OTC MOU” means the memorandum of understanding signed by representatives of
10 states and the
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.44 “OTR” means the ozone transport region as designated by Section 184(a)
of the Clean Air Act Amendments of 1990.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.45 “Overdraft account” means the
NATS account established by the administrator for each facility where there are
2 or more budget sources.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.46 “Project sponsor” means:
(a) For purposes of eligibility under Env-A
3205.06(b)(2)a., any person who is a
(b) For purposes of eligibility under Env-A
3205.06(b)(2)b. and c., any owner or operator of a non-emitting generating
system or renewable energy project, including but not limited to any:
(1) Holding
company;
(2) Utility
system; or
(3) Plant owner, operator, or manager.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.47 “Recorded” for the purposes of
an allowance transfer or deduction means an account in the NATS that has been
updated by the administrator with the particulars of an allowance transfer or
deduction.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.48 “Renewable energy projects” mean
power generation during the current control period from technologies that produce
electricity from small-scale hydro energy, geothermal energy, fuel cells, wind
energy, solar thermal energy, photovoltaics, methane waste, or
biomass-to-energy plants. The term does not include power generation from
combustion or pyrolysis of municipal solid waste, demolition waste, or
construction waste.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.49 “Small scale hydro energy” means
water power production facilities of not more than 80 megawatts nameplate
capacity.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.50 “SR” means Schiller station.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.51 “Submitted” means sent to the
appropriate authority under the signature of the
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.52 “Submittal date” means the date
of the official U.S. Postal Service postmark, or an electronic time stamp.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3203.53 “WL” means
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3204 NOx EMISSION BUDGET; USE OF ALLOWANCES
Env-A 3204.01 NOx Budget. The NOx budget shall be no more than 3,000
tons during each control period.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3204.02 Limited Authorization.
(a) An allowance shall be an authorization to emit
one ton of NOx, valid only for the purposes of meeting the requirements of this
chapter.
(b) The owner or operator of each budget source
shall, not later than November 30 of each calendar year, hold a quantity of NOx
allowances in the budget source’s current year NATS account that is equal to or
greater than the total NOx emitted from that budget source during the period
May 1 through September 30 of the subject year.
(c) All allowances shall be allocated,
transferred, or used as whole allowances.
(d) To determine the number of whole allowances,
the number of allowances shall be rounded down for decimals less than 0.50 and
rounded up for decimals of 0.50 or greater.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3205 ALLOWANCE ALLOCATION
Env-A
3205.01 Implementation of the Budget.
(a) Implementation of the emission budget
pursuant to Env-A 3204 shall be accomplished through the allocation of
allowances to budget sources.
(b) Allowances shall be allocated to budget
sources and unused allowances shall be banked, traded, or retired in accordance
with this chapter.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3205.02 Statewide Total Allowances.
(a)
The department shall allocate 2,400 allowances to budget sources for
each control period.
(b)
Subject to (c) and (d), below, the department shall retain 600
allowances in a multi-purpose set-aside account for the control period each
year for purposes of the following, in order of priority:
(1) Allocation of some or all of the allowances
to end-use efficiency projects, non-emitting generating systems, or renewable
energy projects pursuant to Env-A 3205.06;
(2) Banking;
(3) Auctioning some or all of the allowances; and
(4) Retiring some or all of the allowances for
the purpose of environmental benefit.
(c)
In accordance with RSA 125-J:4-b and RSA 125-J:12,II, any proposed
allocation of allowances from the multi-purpose set-aside account pursuant to
(b)(4) or (5) above, shall be submitted to the air pollution advisory committee
for review and recommendation at least 30 days prior to the allocation.
(d)
The department shall retire a minimum of 100 allowances from the
multi-purpose set-aside account for the purpose of environmental benefit for
each control period.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3205.03
Allowance Allocation Methodology.
(a)
By April 30 of each year, the department shall calculate NOx allowance allocations
for each budget source for each subsequent control period in accordance with
(c), (d), (e), and (g) below.
(b)
The department shall submit to the NATS administrator the NOx allowance
allocations for the control period that is one year after the applicable
deadline for submission.
(c)
To calculate the number of allowances to be allocated to electric
generation budget sources for the purposes of (d) below, the following shall
apply:
(1) EO(y-2) means a unit’s net electric output in
MWh for the control period 2 years prior to y;
(2) EO(y-3) means a unit’s net electric output in
MWh for the control period 3 years prior to y;
(3) TO(y-2) means a unit’s net thermal output in
MMBtusout for the control period 2 years prior to y;
(4) TO(y-3) means a unit’s net thermal output in
MMBtusout for the control period 3 years prior to y;
(5) UAA(y) means a unit’s allocation for year y
adjusted so the total control period allocation does not exceed the NOx budget;
and
(6) UUA(y) means a unit’s unadjusted allocation
for year y.
(d)
To calculate the adjusted allocation for electric generation budget
sources, for each control period:
(1) The unit’s average net electric output in
MW-hrs for the control periods 2 and 3 years prior to the current control
period shall be multiplied by 1.5 lbs per MW-hr and divided by 2,000 lb/ton and
added to the unit’s average net thermal output in MMBtus for the control
periods 2 and 3 years prior to the current control period multiplied by 0.22
lb/MMBtu and divided by 2,000 lb/ton to calculate the unit’s unadjusted
allocation for the current control period, as in the formula below:
UUA(y) = ((EO(y-2) + EO(y-3))/2) x
1.5 lbs/MW-hr) + ((TO(y-2) + TO(y-3))/2) x 0.22 lb/MMBtu)
2,000
lb/ton 2,000
lb/ton
(2) The product, as calculated in (d)(1) above,
shall be multiplied by 2,400 and divided by the sum of all budget sources’
unadjusted allocations, as in the formula below:
UAA(y) = UUA(y) x
2,400
sum
of all budget sources’ UUA(y)
(e)
The department shall determine heat input in accordance with Env-A 3210
and 40 CFR 75.
(f)
Using the best available data as reported by the budget source to the
Energy Information Administration and to the department no later than April 15
of each year, the department shall determine the net thermal and electric
output for the budget source.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3205.04 Conversion of Allowances to DERs. A budget source that converts unused
allowances to DERs in accordance with the procedures for DER generation in
Env-A 3103, shall surrender those converted allowances as if they had been used
for actual emissions.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3205.05 No Property Rights.
(a)
Neither an allowance nor any future allocations, which are subject to
modification by the department, shall constitute a security or other form of
property.
(b)
Allowances shall not be used prior to the control period for which such
allowances are allocated.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3205.06 End-Use Efficiency Projects, Non-Emitting
Generating Systems, and Renewable Energy Projects Set-Aside Allocation.
(a)
The end-use efficiency projects, non-emitting generating systems, and
renewable energy projects set-aside allocation shall consist of the remainder
of the multi-purpose set-aside allocation after deduction of 100 retired
allowances pursuant to Env-A 3205.02(d).
(b)
For each control period, the department shall determine NOx allowance
distributions from the end-use efficiency projects, non-emitting generating
systems, and renewable energy projects set-aside allocation in accordance with
the following procedures:
(1) The department shall open and manage a
general account for the multi-purpose set-aside allocation;
(2) Project sponsors of any of the following
types of projects shall be eligible for the receipt of NOx allowances from the
energy efficiency and renewable energy set-aside allocation:
a. End-use efficiency projects;
b. Non-emitting generating systems; and
c. Renewable energy projects;
(3) The authorized account representative of a project
sponsor shall submit a written request via e-mail, fax or hard copy to the
department to distribute a number of NOx allowances from the end-use efficiency
projects, non-emitting generating systems, and renewable energy projects
set-aside allocation to the general account of the project sponsor;
(4) The department shall multiply the generation
or avoided generation, in MWh, by the
(c)
No unused allowances remaining in the multi-purpose set-aside account at
the end of a calendar year shall be banked for any other future allocation by
the department, until the department has acted upon all notices and requests
for conversion filed pursuant to (b)(3), above, and outstanding as of the end
of such calendar year.
(d) If more than one project sponsor of an
end-use energy efficiency project, non-emitting generating system, or renewable
energy project requests the distribution of NOx allowances and the number of
NOx allowances that are subject to department approved requests exceeds the
number of NOx allowances in the end-use efficiency projects, non-emitting
generating systems, and renewable energy projects set-aside allocation, the
department shall distribute NOx allowances from the end-use efficiency
projects, non-emitting generating systems, and renewable energy projects
set-aside allocation for each project or system as specified in (e), (f), and
(g), below.
(e) For a total of 10 consecutive control periods
following the date that the project commences operation, end-use energy
efficiency projects and renewable energy projects shall receive 100% of their
department approved requests for each control period.
(f) End-use energy efficiency projects and
renewable energy projects that commenced operation 10 years prior to the
beginning of the current control period shall receive NOx allowances from the
remainder of available allowances after allocation of allowances in accordance
with (e) above on a basis proportional to the number of NOx allowances approved
for each project and each system in accordance with (g), below.
(g) Non-emitting generating systems shall receive
NOx allowances from the remainder of available allowances after allocation of
allowances in accordance with (e) above on a basis proportional to the number
of NOx allowances approved for each system and each project in accordance with
(f), above.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3206 PERMITS
Env-A
3206.01 Permit Application.
(a) Emission reductions which must be achieved to
meet the requirements of this program shall be subject to permit requirements
pursuant to Env-A 600 as applicable, including but not limited to:
(1) The permit
reopening procedures for title V operating permits set forth in Env-A 609.19;
(2) The permit amendment
procedures for temporary permits and state permits to operate set forth in
Env-A 612.04;
(3) The permit
notice and hearing procedures for temporary permits and state permits to
operate set forth in Env-A 621; and
(4) The title V
operating permit amendment, modification, and revision procedures set forth in
Env-A 612; and
(5) The permit
notice and hearing procedures for title V operating permits set forth in Env-A
622.
(b) All determinations regarding alternative
monitoring methodologies, in accordance with the monitoring and reporting
requirements as provided in Env-A 3210 and in Subpart H of 40 CFR 75, shall be
incorporated in a temporary permit, state permit to operate, or title V
operating permit pursuant to the permit issuance, renewal, or significant
permit modification procedures set forth in Env-A 612.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3206.02 Operating Permits.
(a)
The operating permit for each budget source shall contain provisions for
implementation of this program, as follows:
(1) The permit shall contain language which
prohibits the budget source from emitting NOx during each control period, in
excess of the amount of allowances held in the budget source’s compliance
account for the control period as of the allowance transfer deadline; and
(2) The permit shall contain language that
authorizes the trading of allowances for purposes of compliance with this program.
(b)
No revision of an operating permit shall be necessary or required for
increases or decreases in emissions that:
(1) Are authorized by allowances acquired or
transferred in compliance with this chapter by the allowance transfer deadline;
(2) Are in compliance with the authorization for
trading contained in the permit; and
(3) Do not exceed the emissions allowable under
the permit for the budget source whether expressed therein as a rate of
emissions or in terms of total emissions.
(c)
No revision of an operating permit shall be necessary or required for
increases or decreases in allowances held by the budget source and which are
acquired or transferred in compliance with this regulation and in compliance
with the authorization for trading contained in the permit.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART
Env-A 3207 ALLOWANCE TRANSFER AND USE
Env-A 3207.01 Marketable Emissions Authorizations. Allowances shall be marketable emissions
authorizations that may be bought, sold or traded at any time during any year,
not just the current year.
Source. (See Revision Note at chapter heading for Env-A
3200) #11001, eff 1-1-16
Env-A
3207.02 Limited Authorizations. Allowances used for compliance with this
program shall only be used in a designated compliance year by being in a
compliance account as of the allowance transfer deadline, or by being transferred
into the compliance account by an allowance transfer submitted by the allowance
transfer deadline.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3207.03 Transfer Procedures. The following shall be employed to allowance
transfers:
(a) The
(b) The transfer request shall be in writing or
in electronic form;
(c) The
(d) The transfer request shall contain the
following information:
(1) The account
number identifying both the originating account and the acquiring account;
(2) The name
and address associated with the owners of the originating account and the
acquiring account;
(3) The serial
number or range of serial numbers for each allowance or block of allowances
being transferred; and
(4) A statement
of certification stated verbatim as follows: “I am authorized to make this
submission on behalf of the owners and operators of the budget source and I
hereby certify, under penalty of law, that I have personally examined the
foregoing and am familiar with the information contained in this document, and
all attachments, and that based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe the information is true,
accurate and complete. I am aware that there are significant penalties for
submitting false information, including possible fines and imprisonment.”
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3207.04 Transfer Processing. Transfer requests shall be processed by the
NATS in order of receipt.
Source. (See Revision Note at chapter heading for Env-A
3200) #11001, eff 1-1-16
Env-A
3207.05 Transfer Completion. A transfer shall be complete when the NATS
administrator has verified that:
(a) Each allowance listed in the transfer request
is held by the originating account at the time the transfer was recorded;
(b) The acquiring party has an account in the
NATS; and
(c) The transfer request has been filed by the
person named as
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3207.06 Transfer
Validation. Allowance transfers
determined to be valid, through verification by the NATS administrator, shall
be recorded in the NATS by deducting the specified allowances from the
originating account and adding them to the acquiring account.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3207.07 Transfer Notification.
(a) The NATS administrator shall provide written
notice to the following persons confirming that a valid allowance transfer has
been completed:
(1) The
(2) The
(b) The notification required by (a), above,
shall include the following information:
(1) The
effective date of the transfer;
(2)
Identification of the originating account and the acquiring account by
name as well as by account number; and
(3) The number
of allowances transferred and their serial numbers.
(c) The notification required by (a), above,
shall be in writing or in electronic form.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3207.08 Periodic Transfers.
(a) When a budget source determines that some or
all of its allocated allowances should be transferred to another budget source
for the remainder of the current allocation period, the
(b) A request for transfer of allowances for the
remainder of the allocation period shall conform to the requirements of Env-A
3207.03.
(c) A request for transfer of allowances for the
remainder of the allocation period shall be submitted to the department with a
letter requesting that future allowance allocations be made directly to the
acquiring account.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3207.09 Price Disclosure. Subject to a claim of confidentiality in
accordance with Env-A 103, the budget source shall make available, to any person,
all information regarding transaction cost and allowance price.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3207.10 Use of Allowances by
Utilities. Pursuant to RSA 125-J:5,
X, the use of allowances by a utility as defined in RSA 362:2 shall be subject
to such additional conditions as ordered pursuant to applicable law by the PUC.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART
Env-A 3208 ALLOWANCE BANKING
Env-A 3208.01 Retention of Unused Allowances. The banking of allowances shall be permitted
to allow the retention of unused allowances from one year to a future year in
either a compliance account, an overdraft account, or a general account.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3208.02 Account Designation. Unused allowances as of the end of the
allowance transfer deadline shall be retained in the compliance, overdraft, or
general account and designated as banked allowances after the administrator has
made all deductions for a given control period from the compliance account or
overdraft account pursuant to Env-A 3215.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3208.03 Requirements
for Use. Banked allowances may be
used in the current year on a one-for-one basis.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3208.04 Treatment of Banked
Allowances.
(a) Any allowances deposited before January 1,
2012 that have not been used or retired shall be retired on the effective date
of the 2015 readoption of this chapter.
(b) Any allowances banked on or after January 1,
2012 shall be retired at the end of 3 years after their designated year of
allocation.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3209 NOx ALLOWANCE TRACKING SYSTEM (NATS)
Env-A
3209.01 Database Maintenance for
Allowance Transfer and Use.
(a) The NATS shall be maintained by the
administrator as the official database for all allowance use and transfer.
(b) The NATS administrator shall track and
maintain the following information:
(1) The
allowances allocated to each budget source;
(2) The
allowances held in each account;
(3) The
allowances used by each budget source during each control period;
(4) Accounts
established for each budget source to determine compliance for the source;
(5) Accounts
opened by individuals or entities, upon request, that are not used to determine
compliance;
(6) Allowance
transfers, as submitted voluntarily by the source; and
(7) Deductions
of allowances for compliance purposes.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3209.02 Compliance Accounts.
(a) The NATS administrator shall establish a
compliance account for each budget source for the purpose of holding current
compliance year and future year allowances.
(b) The NATS administrator shall label each
account with an account number.
(c) The NATS administrator shall maintain the
following information for each compliance and overdraft account:
(1) Name of
account owner;
(2) Mailing
address of account owner;
(3) Name of
(4) Mailing
address of
(5) Phone
number of
(6) Street
address of associated budget source; and
(7) State in which
the budget source is located.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3209.03 General Accounts.
(a) The NATS administrator shall allow for the establishments
of general accounts.
(b) Any person or group may open a general
account by designating an
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3209.04 Authorized Account Representative.
(a) Only the
(b) For each compliance account, overdraft
account, or general account, one
(c) The
(d) The alternate AAR shall have the same
authority as the primary representative, however all correspondence from the
NATS administrator shall be directed to the primary
(e) The requirements for an
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3209.05 Account Certificate of Representation.
(a)
The
(b)
The account certificate of representation shall be an agreement of
representation containing the following information:
(1) Identification of the budget source by plant
name, state, and, if applicable, the United States Department of Energy Office
of Regulatory Information Systems Plant Location (ORISPL) code for which the
account certification of representation for each compliance account is
submitted;
(2) The name, address, telephone and facsimile
number of the authorized
(3) A list of owners and operators of the budget
source for each compliance account and the boiler identification numbers for
each budget Source.
(c)
The account certificate of representation shall be signed by the
(d)
The account certificate of representation for each compliance account
shall include the following statement, verbatim:
“I certify that I,
____( name)_____ was selected as the
I am authorized to
make this submission on behalf of the owners and operators of the NOx Budget
sources or NOx Budget units for which the submission is made I certify under
penalty of law that I have personally examined, and am familiar with, the
statements and information submitted in this document 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.”
(e)
A new
(1) All of the information pursuant to (b) and
(c) above; and
(2) The name of the
(f)
The NATS administrator shall confirm the change of
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3209.06 Serial Numbers. Each facility account shall have a unique
identification number and each allowance shall be assigned a unique serial number
which indicates the year of allocation.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3210 EMISSIONS MONITORING
Env-A
3210.01 General Requirements.
(a) The owners, operators, and the AAR of a NOx
budget source shall comply with the monitoring and reporting requirements as
provided in this part and in 40 CFR 75, Subpart H.
(b) For purposes of complying with the
requirements of (a) above, the definitions in 40 CFR 72.2 and 40 CFR 75 shall
apply, except that:
(1) The term
“affected unit” shall be replaced with the term “budget source” as defined in
Env-A 3203.17; and
(2) The term
“designated representative” shall be replaced with the term “
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3210.02 Requirements for
Installation, Certification, and Data Accounting. The owner or operator of each NOx budget
source shall:
(a) Install all monitoring systems required under
this part for monitoring NOx mass, including all systems required to monitor
NOx emission rate, NOx concentration, heat input, and flow, in accordance with
40 CFR 75.72 and 75.74;
(b) Install all monitoring systems for monitoring
heat input for developing NOx allowance allocations, if required under Env-A
3210.07;
(c) Successfully complete all certification tests
required and meet all other provisions of this part and 40 CFR Part 75
applicable to the monitoring systems under paragraphs (a) and (b), above; and
(d) Record and report data from the monitoring
systems under paragraphs (a) and (b), above.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3210.03 Prohibitions.
(a) No owner or operator of any source monitored
under 40 CFR 75.72(b)(2)(ii) shall use any alternative monitoring system, alternative
reference method, or any other alternative for the required continuous emission
monitoring system without having obtained prior written approval from the
department and EPA in accordance with this part.
(b) No owner or operator of any source monitored
under 40 CFR 75.72(b)(2)(ii) shall operate the unit so as to discharge, or
allow to be discharged, NOx emissions to the atmosphere without accounting for
all such emissions in accordance with the applicable provisions of this part
and 40 CFR 75 except as provided for in 40 CFR 75.74.
(c) No owner or operator of any source monitored
under 40 CFR 75.72(b)(2)(ii) shall disrupt the continuous emission monitoring
system, any portion thereof, or any other approved emission monitoring method,
except for periods of recertification or periods when calibration, quality
assurance testing, or maintenance is performed in accordance with the
applicable provisions of this part and 40 CFR 75 except as provided for in 40
CFR 75.74.
(d) No owner or operator of any source monitored
under 40 CFR 75.72(b)(2)(ii) shall permanently discontinue use of the
continuous emission monitoring system, any component thereof, or any other
approved emission monitoring system under this part, except under any one of
the following circumstances:
(1) The owner
or operator is monitoring emissions from the unit with another certified
monitoring system approved, in accordance with the applicable provisions of
this part and 40 CFR Part 75, by the department for use at that unit that
provides emission data for the same pollutant or parameter as the discontinued
monitoring system; or
(2) The
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3210.04 Recertification Procedures for Sources
Subject to the Acid Rain Program. The
owner or operator of a NOx budget source that is subject to an acid rain
program emissions limitation shall comply with the recertification procedures
of 40 CFR 75, except that:
(a)
If, prior to January 1, 1998, the administrator approved a petition
under 40 CFR 75.17(a) or (b) for apportioning the NOx emission rate measured in
a common stack or a petition under 40 CFR 75.66 for an alternative to a
requirement in 40 CFR 75.17, the AAR shall resubmit the petition to the
administrator to determine if the approval applies under this chapter; and
(b)
For any additional continuous emission monitoring systems (“CEMS”)
required under the common stack provisions in 40 CFR 75.72, or for any NOx
concentration CEMS used under the provisions of 40 CFR 75.71(a)(2), the owner
or operator shall meet the requirements of Env-A 3210.05.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3210.05 Recertification Procedures for Sources Not
Subject to the Acid Rain Program.
(a)
The owner or operator of a NOx budget source that is not subject to an
acid rain program emissions limitation shall comply with the initial certification
and recertification procedures of this part, except that:
(1) The owner or operator of a unit that
qualifies to use the low mass emissions excepted monitoring methodology under
40 CFR 75.19 shall also meet the requirements of Env-A 3210.06; and
(2) The owner or operator of a unit that
qualifies to use an alternative monitoring system under of 40 CFR 75, Subpart E
shall also meet the requirements of Env-A 3210.07.
(b)
The owner or operator shall ensure that each monitoring system required
by 40 CFR 75, Subpart H, including the automated data acquisition and handling
system, successfully completes all of the initial certification testing
required under 40 CFR 75.20.
(c)
Initial certification according to 40 CFR 75.20 shall be required
whenever the owner or operator installs a monitoring system in order to meet
the requirements of this part in a location where no such monitoring system was
previously installed.
(d)
Whenever the owner or operator makes a replacement, modification, or
change in a certified monitoring system that significantly affects the ability
of the system to accurately measure or record NOx mass emissions or heat input
or to meet the requirements of 40 CFR 75.21 or to 40 CFR 75, Appendix B the
owner or operator shall recertify the monitoring system according to 40 CFR
75.20(b).
(e)
Whenever the owner or operator makes a replacement, modification, or
change to the flue gas handling system or the unit’s operation that
significantly changes the flow or concentration profile, the owner or operator
shall recertify the continuous emissions monitoring system according to 40 CFR
75.20(b).
(f)
Changes which require recertification in accordance with (d) and (e)
above, include, but are not limited to:
(1) Replacement of the analyzer;
(2) Change in location or orientation of the
sampling probe or site; and
(3) Change in the flow rate monitor polynomial
coefficients.
(g)
The
(h)
The
(i)
A certification application shall be considered complete when all of the
applicable required information has been received by the department.
(j)
If the certification application is not complete, then the department
shall issue a written notice of incompleteness that sets a reasonable date by
which the
(k)
The department shall issue a notice of disapproval of the certification
application within 120 days of receipt of the certification application if:
(1) The
(2) The certification application shows that any monitoring
system or component thereof does not meet the performance requirements of this
part and 40 CFR 75.
(l)
Upon issuance of a notice of disapproval pursuant to (k), above, the
provisional certification pursuant to (m), below, shall be invalidated by the
department and the data measured and recorded by each uncertified monitoring
system or component thereof shall not be considered valid quality-assured data
beginning with the date and hour of provisional certification.
(m)
Except for units using the low mass emission methodology excepted
pursuant to 40 CFR 75.19, the provisional certification date for a monitor
shall be determined using the procedures set forth in 40 CFR 75.20(a)(3).
(n)
A provisionally certified monitor pursuant to (m), above, may be used
for compliance with this chapter for a period not to exceed 120 days after
receipt by the department of the complete certification application, pursuant
to (h), above, for the monitoring system or component thereof.
(o)
Data measured and recorded by a provisionally certified monitoring
system or component thereof, in accordance with the requirements of 40 CFR 75,
will be considered valid quality-assured data, retroactive to the date and time
of provisional certification, provided that the department does not invalidate
the provisional certification by issuing a notice of disapproval pursuant to
(k), above.
(p)
The department shall issue a written notice of approval of the
certification application to the owner or operator within 120 days of receipt
of the complete certification application if:
(1) The application contains all of the
applicable information as set forth in 40 CFR 75; and
(2) The certification application shows that the
monitoring system and all components thereof meet the performance requirements
of this part and 40 CFR 75.
(q)
In the event the department does not issue a notice of approval of the
certification application within the time period set forth in (p), above, each
monitoring system which meets the applicable performance requirements of 40 CFR
75 and is included in the certification application shall be deemed certified
for use under this chapter.
(r)
The owner or operator who has been issued a notice of disapproval
pursuant to (k), above, shall follow the procedures for loss of certification
in accordance with (s), below, for each monitoring system or component thereof
which is disapproved for initial certification.
(s)
If the department issues a notice of disapproval of a certification
application in accordance with (k), above, or a notice of disapproval of
certification status in accordance with Env-A 3210.08(b), then:
(1) The owner or operator shall substitute the
following values for each hour of unit operation during the period of invalid
data, beginning with the date and hour of provisional certification and
continuing until the time, date, and hour specified under 40 CFR
75.20(a)(5)(i):
a. For units using or intending to monitor for NOx
emission rate and heat input or for units using the low mass emission excepted
methodology under 40 CFR 75.19, the maximum potential NOx emission rate and the
maximum potential hourly heat input of the unit; and
b. For units intending
to monitor for NOx mass emissions using a NOx pollutant concentration monitor
and a flow monitor, the maximum potential concentration of NOx and the maximum
potential flow rate of the unit under section 2.1 of appendix A of 40 CFR 75;
(2) The
(3) The owner or operator shall repeat all
certification tests or other requirements that were failed by the monitoring
system, as indicated in the department’s notice of disapproval, no later than
30 unit operating days after the date of issuance of the notice of disapproval.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3210.06 Recertification Procedures for Low Mass
Emission Units Using the Excepted Methodologies under 40 CFR 75.19.
(a) The
owner or operator of a gas-fired or oil-fired unit using the low mass emissions
excepted methodology under 40 CFR 75.19 shall comply with the following:
(1) The applicable general operating requirements
of 40 CFR 75.10;
(2) The applicable requirements of 40 CFR 75.19;
and
(3) The applicable certification requirements of
this part.
(b)
The excepted methodology pursuant to (a), above, shall be deemed
provisionally certified for use under this chapter, as of the following dates:
(1) For units that are reporting on an annual
basis, January 1 of the year following submission of the certification
application for approval to use the low mass emissions excepted methodology
under 40 CFR 75.19 until the completion of
the period for the department review; and
(2) For units that are reporting on a control
period basis:
a. For a unit that commenced operation before
its compliance deadline, where the certification application is submitted
before May 1, May 1 of the year of the submission of the certification
application for approval to use the low mass emissions excepted methodology
under 40 CFR 75.19 until the completion of
the period for the department review; or
b. For a unit that commenced operation before
its compliance deadline, where the certification application is submitted after
May 1, May 1 of the year following submission of the certification application
for approval to use the low mass emissions excepted methodology under 40 CFR
75.19 until the completion of the period
for the department review.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3210.07 Certification/Recertification Procedures
for Alternative Monitoring Systems.
(a)
The AAR of each unit applying to use an alternative monitoring system approved
by the administrator and, if applicable, the department under 40 CFR 75,
Subpart E shall apply for certification to the department prior to use of the
system under this chapter.
(b)
The
(c)
The owner or operator of an alternative monitoring system shall comply
with the notification and application requirements for certification according
to the procedures specified in Env-A 3210.05 and 40 CFR 75.20(f).
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3210.08 Out of Control Periods.
(a)
Whenever any monitoring system fails to meet the quality assurance
requirements of 40 CFR 75, appendix B, data shall be substituted using the
applicable procedures in 40 CFR 75, Subpart D, appendix D or appendix E.
(b)
Whenever both an audit of a monitoring system and a review of the initial
certification or recertification application reveal that any system or
component should not have been certified or recertified because it did not meet
a particular performance specification or other requirement under this part 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 department shall issue a notice of disapproval of the certification
status of such system or component.
(c) For the purposes of this section, an audit
shall be either a field audit or an audit of any information submitted to the
department or the administrator.
(d)
The data measured and recorded by the system or component shall not be
considered valid quality-assured data from the date of issuance of the
notification of the disapproval of certification status until the date and time
that the owner or operator completes subsequently approved initial
certification or recertification tests in accordance with Env-A 3210.05(s).
(e)
The owner or operator shall follow the initial certification or
recertification procedures for each disapproved system.
Source. (See Revision Note at chapter heading for Env-A
3200) #11001, eff 1-1-16
Env-A 3210.09 Notifications. The
Source (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3210.10 Recordkeeping and Reporting General
Provisions.
(a)
The
(b)
Any submission made in accordance with 40 CFR 75, Subpart F or Subpart G
which includes data and information required under this part or under 40 CFR
75, Subpart H, shall be signed by both the AAR and the designated
representative as that term is defined in Env-A 101.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3210.11 Monitoring Plans.
(a)
The owner or operator of a unit subject to an acid rain emissions
limitation shall comply with the requirements of 40 CFR 75.62, except that the
monitoring plan shall also include all of the information required by 40 CFR
75, Subpart H.
(b)
The owner or operator of a unit that is not subject to an acid rain
program emissions limitation shall comply with the requirements of 40 CFR
75.62, except that the monitoring plan is only required to include the
information required by 40 CFR 75, Subpart H.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3210.12 Certification Applications. The AAR shall submit an application to the
department within 45 days after completing all initial certification or
recertification tests including the information required under 40 CFR Part 75,
Subpart H.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3210.13 Quarterly Reports. The
(a)
If a unit is subject to an acid rain program emission limitation or if
the owner or operator of the NOx budget source chooses to comply with the
annual reporting requirements of this part, the
(b)
If a NOx budget source is not subject to an acid rain program emission
limitation, then the
(1) Meet all of the requirements of 40 CFR 75
related to monitoring and reporting NOx mass emissions during the entire year
and meet the reporting requirements specified in (a), above; or
(2) Submit quarterly reports only for the periods
from the earlier of May 1 or the date and hour that the owner or operator
successfully completes all of the recertification tests required under 40 CFR
75.74(d)(3) through September 30 of each year in accordance with the provisions
of 40 CFR 75.74(b);
(c)
The
(d)
Quarterly reports shall be submitted in the manner specified in 40 CFR
75, Subpart H and 40 CFR 75.64;
(e)
For units subject to an acid rain program emissions limitation,
quarterly reports shall include all of the data and information required in 40
CFR Part 75, Subpart H for each NOx budget source, or group of units using a
common stack, as well as information required in 40 CFR Part 75, Subpart G;
(f)
For units not subject to an acid rain program emissions limitation,
quarterly reports shall include all of the data and information required in 40
CFR Part 75, Subpart H for each NOx budget source, or group of units using a
common stack;
(g)
The AAR shall submit to the administrator a compliance certification in
support of each quarterly report based on reasonable inquiry of those persons
with primary responsibility for ensuring that all of the unit’s emissions are
correctly and fully monitored; and
(h) The certification pursuant to (g), above,
shall state that:
(1) The monitoring data submitted were recorded
in accordance with the applicable requirements of this part and 40 CFR 75,
including the quality assurance procedures and specifications;
(2) For a unit with add-on NOx emission controls
and for all hours where data are substituted in accordance with 40 CFR
75.34(a)(1), the add-on emission controls were operating within the range of
parameters listed in the monitoring plan and the substitute values do not
systematically underestimate NOx emissions; and
(3) For a unit that is reporting on a control
period basis, the NOx emission rate and NOx concentration values substituted
for missing data under of 40 CFR 75, Subpart D are calculated using only values
from a control period and do not systematically underestimate NOx emissions.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3211 RECORDKEEPING AND REPORTING
Env-A 3211.01 General
Recordkeeping. The owner or operator
of any budget source shall maintain for each budget source and for 5 years, a
file of all measurements, data, reports and other information required by this
chapter.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3211.02 Electronic Format.
(a)
The AAR for each budget source shall submit emissions and operations
information, in electronic format that meets the requirements of the U.S. EPA’s
Electronic Data Reporting (EDR) convention, as specified in 40 CFR 75 Subpart
G.
(b)
These data shall be submitted within 30 days of the end of any quarter
in which the owner or operator is required to report.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3211.03 Pounds per Hour and Pounds per Season. In addition, the owner or operator of a
budget source shall provide the NETS administrator, in the same quarterly
reports, and in a format consistent with Env-A 3211.02, NOx emissions in pounds
per hour for every hour during the control period and cumulative quarterly and
seasonal NOx emission data in pounds.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3211.04 Quarterly
Reporting.
(a)
Budget sources subject to 40 CFR 75 shall submit the data required
pursuant to Env-A 3211.02 and Env-A 3211.03 to EPA as part of the quarterly
reports submitted to EPA for the purpose of compliance with 40 CFR
75.
(b)
Budget sources not subject to 40 CFR 75 shall submit quarterly reports
to EPA within 30 days from the end of each of the second and third calendar
quarters.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3211.05 Request for Retirement Exemption.
(a)
A budget source that is permanently retired and requests a retirement exemption
from the requirements of Env-A 3210 and Env-A 3211 shall comply with the
requirements set forth in this section.
(b)
To obtain an exemption, the
(1) The identification of the budget source being
retired; and
(2) The date of the budget source’s retirement.
(c)
The director shall send approval of the request for retirement exemption
to the
(d)
Department approval shall be in the form of a federally enforceable
document, as defined in Env-A 101.
(e)
Department approval shall contain conditions of the retirement
exemption, including:
(1) The retirement date;
(2) A statement revoking the current air quality
permits or approvals;
(3) A requirement to inform the department of any
change in the status of the unit; and
(4) A requirement that the unit meet new source review
and permit requirements at any time in the future prior to re-operation of the
unit.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3212
END-OF-SEASON RECONCILIATION
Env-A
3212.01 Determination of Compliance. Monitored emissions data as reported by the
budget source to the NETS administrator, and as adjusted by the administrator
to be in accordance with Env-A 3209,
combined with allowance allocations and transfers
recorded in the NATS, shall provide the basis for a determination of compliance
with this chapter.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3212.02 Request for Deduction of
Allowances.
(a) Each year prior to November 30, the
(b) This request shall be submitted by the
(c) This request shall identify the compliance
account or overdraft account from which the deductions are to be made.
(d) This request shall:
(1) Identify
the serial numbers of the allowances to be deducted, if desired by the source;
or
(2) Not
identify serial numbers, in which case allowances usable for that compliance
year shall be deducted in the order of their arrival into the unit’s account,
with allocated allowances being deducted first, followed by the deduction of
transferred allowances.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3212.03 Deduction of Allowances. Regardless of the request for deductions
submitted pursuant to Env-A 3212.02, the NATS administrator shall deduct a
number of allowances equal to the current control period NOx emissions from the
budget source’s compliance account or overdraft account, and determine whether
sufficient allowances are in the account equivalent to the emissions.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3212.04 Procurement of Additional Allowances. Should the emissions of the budget source in
the current control period exceed the allowances in the budget source’s
compliance account and overdraft account, the budget source shall obtain
additional allowances by the allowance transfer deadline so the total number of
allowances in the budget source’s compliance account and overdraft account,
including allowance transfers properly submitted to the NATS administrator by
the allowance transfer deadline, equals or exceeds the control period emissions
of NOx rounded to the nearest whole ton.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3212.05 Noncompliance. Failure to obtain and hold in its compliance account
and overdraft account for any control period as of the allowance transfer
deadline sufficient allowances equal to or exceeding emissions for the control
period, shall result in enforcement action and penalties against the budget
source pursuant to Env-A 3214.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART
Env-A 3213 COMPLIANCE CERTIFICATION
Env-A 3213.01 Submittal. For each control period, the
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3213.02 Deadline. The compliance certification shall be
submitted no later than the allowance transfer deadline, November 30 of each
year.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3213.03 Content. The compliance certification shall contain
the following information:
(a)
Identification of the budget source, including:
(1) Name;
(2) Address;
(3) Name of
(4) NATS account number;
(b)
A statement as to whether emissions data has been submitted to the NETS:
(1) In accordance with the procedures established
in Env-A 3211; and
(2) In conformance with the requirements of the
NETS administrator;
(c)
A statement as to whether the budget source:
(1) Operated in compliance with the allowances
allocated for the control period, including those obtained through transfer by
the allowance transfer deadline;
(2) Holds sufficient allowances in its compliance
account and overdraft account for the control period, as of the allowance
transfer deadline, to equal or exceed the recorded emissions for the control
period; and
(3) Was actually operated and maintained in
accordance with the applicable monitoring plan;
(d)
A statement of certification that all emissions from the budget source
were accounted for, either through:
(1) The applicable monitoring; or
(2) Application of the appropriate missing data
procedures; and
(e)
A statement as to whether there were any changes during the current year
in the method of:
(1) Operation of the budget source; or
(2) Monitoring the budget source.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3213.04 Compliance Verification. The department shall verify compliance, in
accordance with RSA 125-J:7, by the following means:
(a)
Inspection of facility operating records at any reasonable time to
verify compliance;
(b)
Obtaining information on allowance deduction and transfers from the
NATS;
(c)
Obtaining information on emissions from the NETS;
(d)
Obtaining information relative to testing emission monitoring devices;
and
(e)
Requiring the budget source to conduct emissions testing under the
supervision of the department.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART
Env-A 3214 ENFORCEMENT PROVISIONS
Env-A 3214.01 Automatic Deduction. In addition to penalties assessed under Env-A
3213.02,
if emissions from a budget source exceed allowances held in the budget source’s
compliance account or overdraft account for the control period as of the
allowance transfer deadline, the NATS administrator shall automatically deduct
allowances from the budget source’s compliance account or overdraft account for
the next control period at a rate of 3 allowances for every one ton of excess
emissions.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A 3214.02 Determination
of Violations. In accordance with
RSA 125-J:4-a, for purposes of enforcement of this chapter, the following shall
apply:
(a) In determining the number of days of
violation, any excess emissions for the control period shall presume that each day
in the control period of 153 days, constitutes a day in violation unless the
budget source can demonstrate, through the use of verifiable emission data,
that a lesser number of days should be considered; and
(b) Each ton of excess emissions shall constitute
a separate violation.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
PART Env-A 3215 PROGRAM AUDITS
Env-A
3215.01 Audits.
(a) The department shall conduct an audit of the
NOx Budget Program beginning within 10 years of the effective date of the 2015
readoption of these rules and every 10 years thereafter to ensure that the
program is providing expected performance in regards to emissions monitoring
and allowance use.
(b) Such audits shall include, as appropriate:
(1)
Confirmation of emissions reporting accuracy through validation of CEMS
and data acquisition systems at the budget source; and
(2) Review of
allowance transfer and use by the budget source, geographically and temporally.
(c) Each periodic audit shall examine the extent
to which banked allowances have, or have not, contributed to emissions in
excess of the budget for each year preceding the audit.
(d) The periodic audit shall further provide an
assessment of whether or not the program is consistent with the requirements
for reasonable further progress and the attainment demonstration.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Env-A
3215.02 Audit Results. Should an audit result in recommendations for
program revisions, the department shall consider the audit recommendations and
propose the appropriate program revisions either as changes to current
procedures or amendments to these rules.
Source. (See Revision Note at chapter heading for
Env-A 3200) #11001, eff 1-1-16
Appendix A: State Statutes
Implemented
Rule Section(s) |
State Statutes Implemented |
Env-A 3201 through Env-A 3203 |
RSA 125-J:2-a |
Env-A 3204 |
RSA 125-J:2-a, 3 & 4-a |
Env-A 3205 |
RSA 125-J:2-a & 4-b |
Env-A 3206 & Env-A
3207 |
RSA 125-J:2-a & 4-a |
Env-A 3208 |
RSA 125-J:2-a |
Env-A 3209 |
RSA 125-J:2-a & 4-a |
Env-A 3210 |
RSA 125-J:2-a, 4-a, &
7 |
Env-A 3211 through Env-A
3213 |
RSA 125-J:2-a & 4-a |
Env-A 3214 |
RSA 125-J:2-a, 4-a, &
8, I |
Env-A 3215 |
RSA 125-J:2-a |
Appendix B: Statutory Definitions
RSA 125-J:1:
XIX-a. “NOx budget allowance” means
the limited authorization to emit one ton of NOx during a specified control
period. All NOx budget allowances shall be allocated, transferred, or used as
whole NOx budget allowances. To determine the number of whole allowances, the
number of NOx budget allowances shall be rounded down for decimals less than
0.50 and rounded up for decimals of 0.50 or greater.
XIX-b. “NOx budget source” means a fossil
fuel fired boiler or indirect heat exchanger with a maximum rated heat input capacity
of 250 MMBtu/Hour, or more; and all electric generating facilities with a rated
output of 15 MW, or more. Any person who applies to opt into the NOx budget
program shall be considered a NOx budget source upon acceptance of the
application for opt-in.