CHAPTER Env-A 4600 CARBON DIOXIDE (CO2)
BUDGET TRADING PROGRAM
Statutory
Authority: RSA 125-O:8, I(c)-(g)
PART Env-A 4601 PURPOSE
Env-A
4601.01 Purpose. The purpose of this chapter is to establish
the New Hampshire CO2 Budget Trading Program in accordance with RSA
125-O:21-29. The program is designed to
stabilize and then reduce anthropogenic emissions of CO2, a
greenhouse gas, from CO2 budget sources in the state in an
economically efficient manner.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14;
ss by #12967, eff 1-1-20
Env-A
4601.02 Applicability.
(a) The provisions of this chapter shall apply to
any unit that, at any time on or after January 1, 2005, serves an electricity
generator with a nameplate capacity equal to or greater than 25 MWe, except for
a unit that combusts eligible biomass at a rate of 95% of the annual heat input
on a BTU basis per calendar year. Any
source that includes one or more such units shall be considered a CO2
budget source as defined in Env-A 4602.
(b) For a unit that is a CO2 budget
unit under (a), above, on the date the unit begins to commence commercial
operation, such date remains the unit's date of commencement of commercial
operation even if the unit is subsequently modified, reconstructed, or
repowered.
(c) For a unit that is not yet a CO2
budget unit under (a), above, on the date the unit begins to produce steam,
gas, or other heated medium used to generate electricity for sale or use,
including test generation, the date the unit becomes a CO2 budget
unit under (a), above, is the units date of commencement of commercial
operation.
(d) For a unit that is a CO2 budget
unit under (a), above, on the date of commencement of operation, such date
remains the unit's date of commencement of operation even if the unit is
subsequently modified, reconstructed, or repowered.
(e) For a unit that is not a CO2
budget unit under (a), above, on the date of commencement of operation, the
date the unit becomes a CO2 budget unit under (a), above, is the
unit's date of commencement of operation.
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PART Env-A 4602 DEFINITIONS
Env-A
4602.01 Account number means the identification
number given by the regional organization to each CO2 allowance
tracking system account as defined in Env-A 4602.20.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.02); ss by #12967, eff 1-1-20
Env-A 4602.02 Acid rain emissions limitation means Acid
rain emissions limitation as defined in 40
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14;
ss by #10468, eff 1-1-14 (from Env-A 4602.03); ss by #12967, eff 1-1-20
Env-A 4602.03 Acid Rain Program means a multi-state
sulfur dioxide and nitrogen oxides air pollution control and emission reduction
program established by the Administrator of the U.S. Environmental Protection
Agency (EPA) under title IV of the
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.04); ss by #12967, eff 1-1-20
Env-A 4602.04 Adjusted budget means the maximum number of budget
allowances available for allocation in a given allocation year. The
adjusted budget is determined in accordance with Env-A 4606.03 through Env-A
4606.07. The term includes New
Hampshire CO2 budget trading program adjusted budget.
Source.
#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4602.05 Allocation means the
determination and transfer by the department pursuant to Env-A 4606 of the number of CO2 allowances to be recorded
in:
(a) The compliance account of a CO2 budget
unit;
(b) An allocation set-aside account;
(c) The New Hampshire auction account (NHAA); or
(d) The general account of the sponsor of an approved
CO2 emissions offset project.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4602.07 Allowance
auction means an auction in which the department or the regional organization
offers CO2 allowances for sale.
The term includes auction.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4602.08 Alternate CO2
authorized account representative (Alternate CO2 AAR) means, for a
CO2 budget source and each CO2 budget unit at the source,
the individual who is authorized by the owner(s) or operator(s) of the source
and all CO2 budget units at the source, in accordance with the
provisions of Env-A 4604, to represent and legally bind each owner and operator
in matters pertaining to the CO2 budget trading program or, for a
general account, the individual who is authorized under Env-A 4607 to transfer
or otherwise dispose of CO2 allowances held in the general account.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.07); ss by #12967, eff 1-1-20
Env-A 4602.09 Attribute means a characteristic associated
with electricity generated using a particular renewable fuel, such as its
generation date, facility geographic location, unit vintage, emissions output,
fuel, state program eligibility, or other characteristic that can be
identified, accounted for, and tracked.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.08); ss by #12967, eff 1-1-20
Env-A
4602.10 Attribute credit means the
attributes as defined in Env-A 4602.09 related to one megawatt-hour of
electricity generation.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.09); ss by #12967, eff 1-1-20
Env-A 4602.11
Automated data acquisition and handling system (DAHS) means that
component of the continuous emissions monitoring system, or other emissions monitoring
system approved for use under Env-A 4609, designed to interpret and convert
individual output signals from pollutant concentration monitors, flow monitors,
diluent gas monitors, and other component parts of the monitoring system to
produce a continuous record of the measured parameters in the measurement units
required by Env-A 4609.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.10); ss by #12967, eff 1-1-20
Env-A
4602.12 Banked allowance means an
allowance that is unused and
held in a general or compliance account.
The term does not include allowances held in an account opened by
participating states.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.11); ss by #12967, eff 1-1-20 (from
Env-A 4602.13)
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.14)
Env-A
4602.14 Boiler means an enclosed
combustion device used to produce heat and to transfer heat to recirculating
water, steam, or other medium.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.15)
Env-A
4602.15 Budget allowance means budget
allowance as defined in RSA 125-O:20, II.
The term does not include an offset allowance, CO2 cost containment reserve allowance, or an early
reduction allowance.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.12); ss by #12967, eff 1-1-20 (from
Env-A 4602.16)
Env-A
4602.16 CO2 allowance means
RGGI
allowance as defined in RSA 125-O:20, XV. The term includes budget allowances, offset
allowances, CO2
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.13); ss by #12967, eff 1-1-20 (from Env-A 4602.17)
Env-A
4602.17 CO2 allowance deduction
means the permanent withdrawal of CO2 allowances from a CO2 allowance
tracking system compliance account as provided by this chapter or RSA
125-O:20-29.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14;
ss by #10468, eff 1-1-14 (from Env-A 4602.14); ss by #12967, eff 1-1-20 (from
Env-A 4602.18)
Env-A
4602.18 CO2 allowances held
means the CO2 allowances recorded in accordance with Env-A 4607 and
Env-A 4608 in a CO2 allowance tracking system account.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.19)
Env-A
4602.19 CO2 allowance
tracking system (COATS) means the system by which the regional organization:
(a)
Records allocations, deductions, and
transfers of CO2 allowances under this chapter; and
(b)
Tracks CO2 emissions offset projects, CO2
allowance prices, and emissions from affected sources.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.17); ss by #12967, eff 1-1-20 (from Env-A 4602.20)
Env-A
4602.20 CO2 allowance
tracking system account means an account in the CO2 allowance
tracking system established by the regional organization for purposes of
recording the allocation, holding, transferring, or deducting of CO2
allowances.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.18); ss by #12967, eff 1-1-20 (from Env-A 4602.21)
Env-A
4602.21 CO2 allowance
transfer deadline means midnight of the first day of March occurring after the
end of the relevant control period and each relevant interim control period or,
if that March 1 is not a business day, midnight of the first business day
thereafter. The CO2 allowance
transfer deadline is the deadline by which CO2 allowances must be
submitted for recordation in a CO2 budget sources compliance
account in order to meet the sources CO2 budget emissions
limitation for the control period and each interim control period immediately
preceding such deadline.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.22); ss by #12967, eff 1-1-20 (from Env-A 4602.22)
Env-A
4602.22 CO2 authorized
account representative (CO2 AAR) means, for a CO2 budget
source and each CO2 budget unit at that source, the individual who
is legally authorized by the owner or operator of the source and all CO2
budget units at that source, in accordance with Env-A 4604, to represent and
legally bind each owner and operator in matters pertaining to the provisions of
this chapter or, for a general account, the individual who is authorized, under
Env-A 4607, to request transfer or otherwise dispose of CO2
allowances held in the general account.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.20); ss by #12967, eff 1-1-20 (from Env-A 4602.23)
Env-A
4602.23 CO2 budget emissions
limitation means, for a CO2 budget source, the number of allowances
held by the CO2 budget source in a compliance account at the end of
a control period or an interim control period equivalent to the tons of CO2
emissions in that control period or an interim control period.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.21); ss by #12967, eff 1-1-20 (from Env-A 4602.24)
Env-A 4602.24 CO2 budget permit means the
portion of the legally binding permit issued by the department pursuant to
Env-A 600 to a CO2 budget source or CO2 budget unit that
specifies the CO2 budget trading program requirements applicable to
the CO2 budget source, to each CO2 budget unit at the CO2
budget source, and to the owner or operator and the CO2 AAR of the
CO2 budget source and each CO2 budget unit.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.23); ss by #12967, eff 1-1-20 (from Env-A 4602.25)
Env-A
4602.25 CO2 budget source
means affected CO2 source as defined in RSA 125-O:20, I.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.24); ss by #12967, eff 1-1-20 (from Env-A 4602.25)
Env-A
4602.26 CO2 budget trading
program means the CO2 air pollution control and emissions reduction
program established pursuant to RSA 125-O and this chapter.
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(from Env-A 4602.26); ss by #12967, eff 1-1-20 (from Env-A 4602.27)
Env-A
4602.27 CO2 budget unit
means a unit that is subject to the CO2 budget trading program
requirements under Env-A 4601.02.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.26); ss by #12967, eff 1-1-20 (from Env-A 4602.28)
Env-A
4602.28 CO2 offset
allowance means offset allowance as defined in RSA 125-O:20, X.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.27); ss by #12967, eff 1-1-20 (from Env-A 4602.29)
Env-A
4602.29 Combined cycle system means a
system comprised of one or more combustion turbines, heat recovery steam generators,
and steam turbines configured to improve overall efficiency of electricity
generation or steam production.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.28); ss by #12967, eff 1-1-20 (from
Env-A 4602.30)
Env-A 4602.30 Combustion turbine means an enclosed device
that is comprised of a compressor, if applicable, a combustor, and a turbine,
in which the flue gas resulting from the combustion of fuel in the combustor
passes through the turbine, rotating the turbine.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.29); ss by #12967, eff 1-1-20 (from Env-A 4602.31)
Env-A
4602.31 Commenced commercial operation
means to have begun to produce steam, gas, or other heated medium used to generate
electricity for sale or use, including test generation.
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New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.30); ss by #12967, eff 1-1-20 (from Env-A 4602.32)
Env-A
4602.32 Commence operation means to
begin any mechanical, chemical, or electronic process, including, with regard
to a unit, start-up of a unit's combustion chamber.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.31); ss by #12967, eff 1-1-20 (from
Env-A 4602.33)
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.32); ss by #12967, eff 1-1-20 (from Env-A 4602.34)
Env-A
4602.34 Continuous emissions monitoring
system (CEMS) means a continuous emissions monitoring system (CEMS) as
defined in Env-A 101.53. For the
purposes of this chapter, this means the equipment required under Env-A 4609 to
sample, analyze, measure, and provide, by means of readings recorded at least
once every 15 minutes, using an automated DAHS as defined in Env-A 4602.11, a
permanent record of, as applicable, stack gas volumetric flow rate, stack gas
moisture content, and oxygen or carbon dioxide concentration, in a manner consistent
with 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.33); ss by #12967, eff 1-1-20 (from Env-A 4602.35)
Env-A
4602.35 Control period means
compliance period as defined in RSA 125-O:20, IV.
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(from Env-A 4602.23) ); ss by #12967, eff 1-1-20 (from Env-A 4602.36)
Env-A 4602.36 CO2
cost containment reserve allowance (CO2
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.37)
Env-A
4602.37 Cost containment reserve trigger price (CCR trigger price) means the
minimum price at which CO2
(a) $10.51 per CO2
allowance for calendar year 2019;
(b) $10.77 per CO2
allowance for calendar year 2020;
(c) $13.00 per CO2
allowance for calendar year 2021; and
(d) 1.07 multiplied by the
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New. #9444, eff 4-3-09 (from Env-A 4602.38); ss by
#10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.38)
Env-A
4602.38 Early reduction CO2
allowances (ERAs) means early reduction allowances as defined in RSA
125-O:20,
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New. #9444, eff 4-3-09 (from Env-A 4602.39); ss by
#10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.39)
Env-A
4602.39 Eligible biomass means
sustainably-harvested woody and herbaceous fuel sources that are available on a
renewable or recurring basis, excluding old-growth timber, including dedicated
energy crops and trees, agricultural food and feed crop residues, aquatic
plants, unadulterated wood and wood residues, animal wastes, biogas, eligible
liquid biofuels, and other clean organic wastes not mixed with other solid
wastes. Eligible biomass
includes biomass combusted at Schiller Station, as permitted effective March 7,
2006.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.37); ss by #12967, eff 1-1-20 (from Env-A 4602.40)
Env-A
4602.40 Eligible liquid biofuel means
a combustible liquid, not derived from fossil fuel, that if not burned for fuel
would be a waste or by-product, or that is produced from a waste or by-product.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.41)
Env-A 4602.41 Excess CO2 emissions means tons
of CO2 emitted by a CO2 budget source during a control
period that exceeds the CO2 budget emissions limitation for the
source.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.39); ss by #12967, eff 1-1-20 (from Env-A 4602.42)
Env-A 4602.42 Excess interim CO2 emissions
means tons of CO2 emitted by a CO2 budget source during
an interim control period in excess of the CO2 budget emissions
limitation for the source, multiplied by 0.50.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.40); ss by #12967, eff 1-1-20 (from Env-A 4602.43)
Env-A
4602.43 First control period interim
adjustment for banked allowances means a reduction of the total allocation of
budget allowances in the CO2
budget trading program base budget for allocation years 2014 through 2020 equal to
the total number of banked allowances allocated during allocation years 2009,
2010, and 2011, in excess of the aggregate quantity of CO2 emissions
from all CO2 budget sources in all of the participating states in
the first control period.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.44)
Env-A 4602.44 Fossil fuel means natural gas, petroleum,
coal, or any form of solid, liquid, or gaseous fuel derived from such materials.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.45)
Env-A 4602.45 Fossil fuel-fired means:
(a) For a unit that commenced operation prior to
January 1, 2005, the combustion of fossil fuel, alone or in combination with
any other fuel, where the fossil fuel combusted comprises, or is projected to
comprise, more than 50 percent of the annual heat input on a BTU basis during
any calendar year; or
(b) For a unit that commenced or commences
operation on or after January 1, 2005, the combustion of fossil fuel, alone or
in combination with any other fuel, where the fossil fuel combusted comprises,
or is projected to comprise, more than 5 percent of the annual heat input on a
BTU basis during any calendar year.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.41); ss by #12967, eff 1-1-20 (from Env-A 4602.46)
Env-A 4602.46 General account means a CO2
allowance tracking system account established under Env-A 4607 that is not a
compliance account.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.42); ss by #12967, eff 1-1-20 (from Env-A 4602.47)
Env-A
4602.47 Generator means a machine that
converts mechanical energy into electrical energy.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.43); ss by #12967, eff 1-1-20 (from Env-A 4602.48)
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.44); ss by #12967, eff 1-1-20 (from Env-A 4602.49)
Env-A
4602.49 Interim control period means a
one-year control period that occurs in each of the first and second calendar
years of each 3-year control period. The
term includes the first interim control period, which begins on the same
January 1 on which the 3-year period begins, and the second interim control
period, which begins on the second January 1 of the 3-year period.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.45); ss by #12967, eff 1-1-20 (from Env-A 4602.50)
Env-A
4602.50 Life-of-the-unit contractual
arrangement means a unit participation power sales agreement under which a
customer reserves, or is entitled to receive, a specified amount or percentage
of nameplate capacity and/or associated energy from any specified unit pursuant
to a contract, for:
(a)
The life of the unit;
(b)
A cumulative term of no less than 30 years, including contracts that allow an election
for early termination; or
(c)
A period equal to or greater than 25 years
or 70 percent of the useful economic 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.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.51)
Env-A 4602.51 Maximum design heat input means the ability
of a unit to combust a stated maximum amount of fuel per hour on a steady-state
basis, as determined by the physical design and physical characteristics of the
unit.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.46); ss by #12967, eff 1-1-20 (from Env-A 4602.52)
Env-A
4602.52 Maximum potential hourly heat
input means an hourly heat input used for reporting purposes when a unit lacks
certified monitors to report heat input.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.48); ss by #12967, eff 1-1-20 (from Env-A 4602.53)
Env-A 4602.53 Minimum reserve price means the minimum
price for each CO2 allowance in a specific auction as follows:
(a) In calendar year 2014, $2.00; and
(b) In each calendar year thereafter, 1.025
multiplied by the minimum reserve price from the previous calendar year,
rounded to the nearest whole cent.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.49); ss by #12967, eff 1-1-20 (from
Env-A 4602.54)
Env-A 4602.54 Monitoring system means any monitoring
system that meets the requirements of Env-A 4609, including a continuous
emissions monitoring system, a monitoring system having an exception under
appendix D of 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.55)
Env-A 4602.55 Nameplate capacity means the maximum
electrical output, in MWe, that a generator can sustain over a specified period
of time when not restricted by seasonal or other deratings as measured in
accordance with the U.S. Department of Energy standards.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4602.56); ss by
#10468, eff 1-1-14 (from Env-A 4602.56); ss by #12967, eff 1-1-20 (from Env-A
4602.56)
Env-A 4602.56 Net electricity generation means the gross
generation minus any electricity output consumed in any way to generate the
electricity.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4602.57); ss by
#10468, eff 1-1-14 (from Env-A 4602.51); ss by #12967, eff 1-1-20 (from Env-A
4602.57)
Env-A
4602.57 New Hampshire auction account
(NHAA) means an account administered by the regional organization for purposes of auctioning CO2 budget allowances.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4602.58); ss by
#10468, eff 1-1-14 (from Env-A 4602.52); ss by #12967,
eff 1-1-20 (from Env-A 4602.58)
Env-A 4602.58 NH origination account means a state account
administered by the regional organization from which New Hampshire CO2
budget trading program base CO2 budget allowances shall
be allocated.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4602.59); ss by
#10468, eff 1-1-14 (from Env-A 4602.53); ss by #12967, eff 1-1-20 (from Env-A
4602.59)
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4602.60); ss by
#10468, eff 1-1-14 (from Env-A 4602.55); ss by #12967, eff 1-1-20 (from Env-A
4602.60)
Env-A
4602.60 Offset allowance means offset
allowance as defined in RSA 125-O:20, X.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4602.61); ss by
#10468, eff 1-1-14 (from Env-A 4602.56); ss by #12967, eff 1-1-20 (from Env-A
4602.61)
Env-A 4602.61 Owner or operator means, for the purpose of
this chapter, any person who:
(a) Owns, leases, operates, controls, or
supervises a facility, building, structure, or installation which directly or
indirectly results or may result in emissions of CO2 from a CO2 budget source;
or
(b) Purchases power
from a CO2 budget unit under a life-of-the-unit contractual arrangement in
which the purchaser controls the dispatch of the power from the unit.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4602.62); ss by
#10468, eff 1-1-14 (from Env-A 4602.57); ss by #12967,
eff 1-1-20 (from Env-A 4602.62)
Env-A
4602.62 Participating state means a
state, as defined in this part, that issues CO2 allowances pursuant to a program that
the department determines is in accordance with RSA
125-O:20-29 or the
RGGI program as defined in RSA 125-O:20, XII, including emissions limitations as documented
by the regional organization.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4602.63); ss by
#10468, eff 1-1-14 (from Env-A 4602.58); ss by #12967, eff 1-1-20 (from Env-A
4602.63)
Env-A 4602.63 Person means person as defined by RSA
125-C:2, X, namely any individual, partnership, firm or co-partnership,
association, company, trust, corporation, department, bureau, agency, private
or municipal corporation, or any political subdivision of the state, the United
States or political subdivisions or agencies thereof, or any other entity
recognized by law as subject to rights and duties.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4602.64); ss by
#10468, eff 1-1-14 (from Env-A 4602.59); ss by #12967, eff 1-1-20 (from Env-A
4602.64)
Env-A 4602.64 Receive means, when referring to the
regional organization or the department, that the regional organization or the
department, as applicable, has come into possession of a document, information,
or correspondence, whether sent in writing on paper or by authorized electronic
transmission, as indicated in an official correspondence log, or by a notation
made on the document, information, or correspondence, by the regional
organization or the department, as applicable, in the regular course of
business. The term includes in receipt
of.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.60); ss by #12967, eff 1-1-20 (from Env-A 4602.66)
Env-A 4602.65 Recordation means, with regard to CO2
allowances, the movement of CO2 allowances by the regional organization
from one CO2 allowance tracking system account to another, for
purposes of allocation, transfer, or deduction. The term includes record when used as a verb
and recorded as appropriate.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.61); ss by #12967, eff 1-1-20 (from Env-A 4602.67)
Env-A 4602.66 Regional
organization means regional organization as defined in RSA 125-O:20, XIII,
acting at the direction of the department.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.62); ss by #12967, eff 1-1-20 (from Env-A 4602.68)
Env-A 4602.67 Renewable energy means electricity generated
from sources that are not depleted by the generation of electricity, including
but not limited to electricity generated from biomass, wind, solar, thermal,
photovoltaic, geothermal, hydroelectric facilities certified by the Low Impact
Hydropower Institute, wave and tidal action, and fuel cells powered by
renewable fuels.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.63); ss by #12967, eff 1-1-20 (from Env-A 4602.69)
Env-A 4602.68 Reserve
price means the minimum price for each CO2 allowance in a specific
auction, as specified in Env-A 4800.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.64); ss by #12967, eff 1-1-20 (from Env-A 4602.70)
Env-A
4602.69 RGGI allowance means RGGI
allowance as defined in RSA 125-O:20, XV.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.65); ss by #12967, eff 1-1-20 (from Env-A 4602.71)
Env-A 4602.70 Second control period
interim adjustment for banked allowances means a reduction of the total
allocation of budget allowances in the CO2 budget trading program base budget for
allocation years 2015 through 2020 equal to the total number of banked
allowances allocated during allocation years 2012 and 2013, in excess of the
aggregate quantity of CO2 emissions from all CO2 budget
sources in all of the participating states in the second control period.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.72)
Env-A 4602.71 Serial number means, for CO2
allowances, the unique identification number assigned to each CO2
allowance by the regional organization under Env-A 4607.08(c).
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
14 (from Env-A 4602.66); ss by #12967, eff 1-1-20 (from Env-A 4602.73)
Env-A
4602.72 State means any of the 50 individual states
of the U.S., the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern
Mariana Islands.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.70); ss by #12967, eff 1-1-20 (from Env-A 4602.74)
Env-A
4602.73 Submit means to send or transmit a document,
information, or correspondence to the person specified in the applicable
regulation. The term includes serve.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.71); ss by #12967, eff 1-1-20 (from
Env-A 4602.75)
Env-A
4602.74 Third adjustment for banked allowances means an adjustment applied to the New
Hampshire CO2 budget trading program base budget for allocation
years 2021 through 2025 to address allowances held in general and compliance
accounts, including compliance accounts established pursuant to the CO2
budget trading program, but not including accounts opened by participating
states, that are in addition to the aggregate quantity of emissions from all CO2
budget sources in all of the participating states at the end of the fourth
control period in 2020 and as reflected in the CO2 allowance
tracking system on March 15, 2021.
Source. #12967, eff 1-1-20
Env-A 4602.75 Ton means a short ton, which
equals 2,000 pounds or 0.9072 metric tons.
The term includes tonnage.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
(from Env-A 4602.72); ss by #12967, eff 1-1-20 (from
Env-A 4602.76)
Env-A
4602.76 Undistributed CO2
allowances means CO2 budget allowances allocated to a set aside
account in a given allocation year in accordance with RSA 125-O:22, VI or
125-O:25 that have not been distributed during that allocation year .
Source. #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4602.77)
Env-A 4602.77 Unit means, for the purposes
of this chapter, a fossil fuel-fired stationary boiler, combustion turbine, or
combined cycle system.
Source. #10468, eff 1-1-14 (from Env-A 4602.73); ss
by #12967, eff 1-1-20 (from Env-A 4602.78)
Env-A 4602.78 Unit operating day means a
calendar day in which a unit combusts any fuel.
Source. #10468, eff 1-1-14 (from Env-A 4602.74); ss
by #12967, eff 1-1-20 (from Env-A 4602.79)
Env-A 4602.79 Unsold allowance means a CO2 budget
allowance that
has been made available for sale in an auction conducted under Env-A 4800 but
not sold.
Source. #10468, eff 1-1-14 14 (from Env-A 4602.75); ss
by #12967, eff 1-1-20 (from Env-A 4602.80)
PART Env-A 4603 CO2
BUDGET PERMITS
Env-A
4603.01 CO2 Budget Permit
Required.
(a) Each CO2 budget source shall have, or obtain,
a permit from the department that is subject to the applicable permit
requirements established in Env-A 600, including but not limited to:
(1) The permit reopening procedures for title V
operating permits set forth in Env-A 609.19;
(2) The title V operating permit amendment,
modification, and revision procedures set forth in Env-A 612;
(3) The permit notice and hearing procedures for
title V operating permits set forth in Env-A 622;
(4) The permit amendment procedures for temporary
permits and state permits to operate set forth in Env-A 612.04; and
(5) The permit notice and hearing procedures for
temporary permits and state permits to operate set forth in Env-A 621.
(b) All determinations
regarding alternative monitoring methodologies,
as specified in Env-A 4609 and 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4603.02 Submission of CO2
Budget Permit Information. For any existing CO2
budget source, the CO2 authorized account representative (CO2
AAR) shall:
(a) Submit to the department complete information requested in the notice of permit reopening for
cause issued by the department in accordance with Env-A 609.19; and
(b) Submit in a timely manner any supplemental
information that the department determines is necessary in order to review the CO2
budget permit and issue or deny a CO2 budget permit.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4603.03 Information
Required for CO2 Budget Permit Applications for New Budget
Sources. A complete CO2
budget permit application shall be submitted as part of the temporary permit application in
accordance with Env-A 600 for new units and include the following elements:
(a) Identification of
the CO2 budget source, including plant name and the Office of
Regulatory Information Systems (ORIS) code or facility code assigned to the
source by the Energy Information Administration of the U.S. Department of
Energy, if applicable;
(b) Identification of
each CO2 budget unit at the CO2 budget source;
(c) Identification of the CO2 AAR and the Alternate CO2
AAR; and
(d) All
other information required pursuant to Env-A 600.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4603.04 Operating
Permits. The
operating permit for each budget source shall contain provisions for
implementation of the CO2 budget trading program, as follows:
(a) The requirement
that each CO2 budget unit at the source shall hold CO2
allowances available for compliance deductions under Env-A 4605.04, as of the
CO2 allowance transfer deadline, in the sources compliance account,
in an amount not less than the total CO2 emissions from fossil
fuel-fired generation for the control period from all CO2 budget
units at the source, less the CO2 allowances deducted to meet the
requirements of paragraph (b), as determined in accordance with Env-A 4605,
Env-A 4607, and Env-A 4609.18; and
(b) The requirement that each CO2 budget unit at
the source shall hold CO2 allowances available for compliance
deductions, as of the CO2 allowance transfer deadline, in the
sources compliance account in an amount not less than the total CO2
emissions for the interim control period from all CO2 budget units
at the source multiplied by 0.50, as determined in accordance with Env-A 4605 and Env-A 4607.
Source. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
PART Env-A 4604 AUTHORIZED ACCOUNT REPRESENTATIVE FOR CO2
BUDGET SOURCES
Env-A 4604.01 CO2
Authorized Account Representative Authorization and Responsibilities.
(a) Except as provided
in Env-A 4604.03, each CO2 budget source, including all CO2
budget units at the source, shall have one and only one CO2
authorized account representative (CO2 AAR), with regard to all
matters under the CO2 budget trading program concerning the source
or any CO2 budget unit at the source.
(b) The CO2
AAR of the CO2 budget source shall be selected by an agreement binding
on each owner and operator of the source and all CO2 budget units at
the source.
(c) The CO2
AAR shall submit a complete account certificate of representation, as specified
in Env-A 4604.05, as follows:
(1) The initial submittal by the original CO2
AAR or a CO2 AAR designated pursuant to Env-A 4604.04(a) shall be in
writing sent to the department by delivery in hand, U.S. Postal Service mail,
or private delivery services; and
(2) Subsequent submittals shall be made
electronically to the regional organization.
(d) Upon receipt by
the department of a
complete account certificate of representation as specified in (c)(1), above,
the department shall forward a copy of the account certificate of
representation to the regional organization electronically.
(e) Upon receipt by
the department of a
complete account certificate of representation as specified in (c)(1), above,
the CO2 AAR shall represent and legally bind each owner and operator
of the CO2 budget source represented and each CO2 budget
unit at the source in all matters pertaining to the CO2 budget
trading program, notwithstanding any agreement between the CO2 AAR
and such owner(s) and operator(s). The
owner(s) and operator(s) shall be bound by any and all representations,
actions, inactions, and submissions of the CO2 AAR and any and all
decisions or orders issued to the CO2 AAR by the department or a
court regarding the source or unit.
(f) No CO2
budget permit shall be issued and no CO2 allowance tracking system
account shall be established for a CO2 budget source until the regional
organization has received a copy of the account certificate of
representation as specified in (d), above, for a CO2 AAR of the
source and the CO2 budget units at the source.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20
Env-A
4604.02 Requirements for Submittals.
(a) Each submission
under the CO2 budget trading program shall be submitted, signed, and
certified by the CO2 AAR for each CO2 budget source on
behalf of which the submission is made.
Each such submission shall include the following certification statement
by the CO2 AAR:
I am
authorized to make this submission on behalf of the owners and operators of the
CO2 budget sources or CO2 budget units for which the
submission is made. I certify under
penalty of law that I have personally examined, and am familiar with, the
statements and information submitted in this document and all its
attachments. Based on my inquiry of
those individuals with primary responsibility for obtaining the information, I
certify that the statements and information are, to the best of my knowledge
and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
statements and information or omitting required statements and information,
including the possibility of fines or imprisonment.
(b) The department
shall direct the regional organization to accept or act on a submission made on
behalf of the owner(s) or operator(s) of a CO2 budget source or a CO2
budget unit only if the regional organization confirms that the submission has
been made, signed, and certified in accordance with (a), above.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20
Env-A 4604.03 Alternate
CO2 AAR.
(a) An account certificate
of representation shall designate no more than one alternate CO2 AAR
who may act on behalf of the CO2 AAR. The agreement by which the alternate CO2
AAR is selected shall include a procedure for authorizing the alternate CO2
AAR to act in lieu of the CO2 AAR.
(b) The alternate CO2
AAR shall submit a complete account certificate of representation, as specified
in Env-A 4604.05, in accordance with Env-A 4604.01(c).
(c) Upon receipt by
the department of a
complete account certificate of representation as specified in (b), above, the
department shall forward a copy of the account certificate of representation to
the regional organization electronically.
(d) Upon receipt by
the department of a complete account certificate of representation as specified
in (b), above, any representation, action, inaction, or submission by the
alternate CO2 AAR shall be deemed to be a representation, action,
inaction, or submission by the CO2 AAR.
(e) Except as provided
in Env-A 4604.03, and other than in Env-A 4604.01(a), Env-A 4604.04, Env-A
4604.05, and Env-A 4607.02, whenever the term CO2 AAR is used in
this chapter, the term shall be construed to include the alternate CO2
AAR.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4604.02); ss by
#10468, eff 1-1-14; ss by #12967, eff 1-1-20
Env-A
4604.04 Changing the CO2
AAR and the Alternate CO2 AAR; Changes in the Owner or Operator.
(a) If the owner(s) or operator(s) of a source
and all CO2 budget units at the source wish to change the CO2
AAR, a superseding complete account certificate of representation shall be
filed as specified in Env-A 4604.01.
Notwithstanding any such change, all representations, actions, inactions,
and submissions by the previous CO2 AAR or alternate CO2
AAR prior to the time and date when the department receives the superseding
account certificate of representation shall be binding on the new CO2
AAR and each owner and operator of the CO2 budget source and the CO2
budget units at the source.
(b) If the owner(s) or operator(s) of a source and
all CO2 budget units at the source wish to change the alternate CO2
AAR, a superseding complete account certificate of representation shall be
filed as specified in Env-A 4604.03.
Notwithstanding any such change, all representations, actions,
inactions, and submissions by the previous CO2 AAR or alternate CO2
AAR prior to the time and date when the department receives the superseding
account certificate of representation shall be binding on the new alternate CO2
AAR and each owner and operator of the CO2 budget source and the CO2
budget units at the source.
(c) Within 30 days following any change in the
owners or operators of a CO2 budget source or a CO2 budget
unit, including the addition of a new owner or operator, the CO2 AAR
or alternate CO2 AAR shall submit a revised account certificate of
representation to the department
as specified in Env-A 4604.01, which amends the list of owners and operators to include
the new owner or operator.
(d) In
the event an owner or operator of a CO2 budget source or a CO2
budget unit is not included in the list of owners and operators submitted in
the account certificate of representation, such owner or operator shall be
deemed to be subject to and bound by the account certificate of representation,
the representations, actions, inactions, and submissions of the CO2
AAR and any alternate CO2 AAR of the source or unit, and the
decisions, orders, and actions of the department, as if the owner or operator
were included in such list.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4604.03); ss by
#10468, eff 1-1-14; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20
Env-A
4604.05 Account Certificate of
Representation.
(a) A complete account certificate of
representation for a CO2 AAR or an alternate CO2 AAR
shall include the following elements:
(1) Identification of the CO2 budget
source and each CO2 budget unit at the source for which the account
certificate of representation is submitted;
(2) The name, mailing address, e-mail address,
telephone number, and facsimile transmission number of the CO2 AAR and
any alternate CO2 AAR;
(3) A list of the name of each owner and operator
of the CO2 budget source and of each CO2 budget unit at
the source; and
(4) The following certification statement signed
and dated by the CO2 AAR and any alternate CO2 AAR:
I
certify that I was selected as the CO2 AAR or alternate CO2
AAR, as applicable, by an agreement binding on the owners and operators of the
CO2 budget source and each CO2 budget unit at the
source. I certify that I have all the
necessary authority to carry out my duties and responsibilities under the CO2
Budget Trading Program on behalf of the owners and operators of the CO2
budget source and of each CO2 budget unit at the source and that
each such owner or operator shall be fully bound by my representations,
actions, inactions, or submissions, and by any decision or order issued to me
by the department or a court regarding the source or unit.
(b) Unless otherwise
required by the department,
documents of agreement referred to in the account certificate of representation
shall not be submitted to the department or to the regional organization. Neither the department nor the regional
organization shall have any obligation to review or evaluate the
sufficiency of such documents, if submitted.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4604.05); ss by
#10468, eff 1-1-14; ss by #12967, eff 1-1-20
Env-A
4604.06 Objections Concerning the CO2
AAR.
(a) Once a complete account certificate of
representation has been received, the department and the regional organization shall
rely on the account certificate of representation unless and until the
department receives a superseding complete account certificate of
representation.
(b) Except as provided in Env-A 4604.04(a) or
(b), no objection or other communication submitted to the department or the
regional organization concerning the authorization, or any representation,
action, inaction, or submission of the CO2 AAR, shall affect any
representation, action, inaction, or submission of the CO2 AAR or
the finality of any decision or order by the department under the CO2 budget trading program.
(c) The department shall not adjudicate any private legal dispute
concerning the authorization or any representation, action, inaction, or
submission of any CO2 AAR, including private legal disputes
concerning the proceeds of CO2 allowance transfers.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09 (from Env-A 4604.05); ss by
#10468, eff 1-1-14; ss by #12967, eff 1-1-20
Env-A 4604.07 Delegation
by CO2 AAR and Alternate CO2 AAR.
(a) A CO2 AAR may delegate, to one or
more individuals, his or her authority to make an electronic submission to the
regional organization.
(b) An alternate CO2 AAR may delegate,
to one or more individuals, his or her authority to make an electronic
submission to the regional organization.
(c) In order to delegate authority to make an
electronic submission to the regional organization in accordance with (a) or
(b), above, the CO2 AAR or alternate CO2 AAR, as appropriate,
shall first submit to` the regional organization a notice of delegation that
includes the following elements:
(1) The name,
address, e-mail address, telephone number, and facsimile transmission number of
the CO2 AAR or alternate CO2 AAR who is making the
delegation;
(2) The name,
address, e-mail address, telephone number and facsimile transmission number of
each individual to whom authority is being delegated, herein referred to as the
electronic submission agent;
(3) For each
electronic submission agent, a list of the type of electronic submissions for
which authority is delegated to that agent; and
(4) The
following certification statements by such CO2 AAR or alternate CO2
AAR:
a. I agree
that any electronic submission to the department or its agent that is by a
natural person identified in this notice of delegation and of a type listed for
such electronic submission agent in this notice of delegation and that is made
when I am a CO2 AAR or alternate CO2 AAR, as appropriate,
and before this notice of delegation is superseded by another notice of
delegation under the CO2 budget trading program shall be deemed to
be an electronic submission by me.
b. Until this
notice of delegation is superseded by another notice of delegation under the CO2 budget trading program, I agree to maintain an e-mail
account and to notify the department or its agent immediately of any change in
my e-mail address unless all delegation authority by me under the CO2 budget trading program is
terminated.
(d) A notice of delegation submitted under under
(c), above, shall be effective, with regard to the CO2 AAR or
alternate CO2 AAR identified in such notice, upon receipt of such
notice by the regional organization and until receipt by the regional
organization of a superseding notice of delegation by such CO2 AAR
or alternate CO2 AAR, as applicable.
The superseding notice of delegation shall replace a
previously-identified electronic submission agent, add a new electronic
submission agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the
certification in (c)(4)a., above, and made in accordance with a notice of
delegation effective under (d), above, shall be deemed to be an electronic
submission by the CO2 AAR or alternate CO2 AAR submitting
such notice of delegation.
(f) A CO2 AAR may delegate to one or
more individuals his or her authority, under this part, to review information
in the COATS.
(g) A alternate CO2 AAR may delegate
to one or more individuals his or her authority, under this part, to review
information in the COATS.
(h) In order to delegate authority to review
information in the COATS in accordance with (f) and (g), the CO2 AAR
or alternate CO2 AAR shall
submit to the department a notice of delegation that includes:
(1) The name, address, e-mail address, telephone
number, and facsimile number of such CO2 AAR or alternate CO2
AAR;
(2) The name, address, e-mail address, telephone
number, and facsimile number of each individual delegated as a reviewer;
(3) For each delegated reviewer, a list of the
type of information specified in (f) or (g) for which authority is delegated to
him or her; and
(4) The following certification statements by
such CO2 AAR or alternate CO2 AAR:
a. I agree that any information that is
reviewed by a natural person identified in this notice of delegation and of a
type listed for such information accessible by the reviewer in this notice of
delegation and that is made when I am a CO2 authorized account
representative or CO2 authorized alternate account representative,
as appropriate, and before this notice of delegation is superseded by another
notice of delegation under subdivision Env-A 4604.07(i) shall be deemed to be a
reviewer by me.
b. Until this notice of delegation is
superseded by another notice of delegation under subdivision Env-A 4604.07(i),
I agree to maintain an e-mail account and to notify the department or its agent
immediately of any change in my e-mail address unless all delegation authority
by me under section Env-A 4604.07 is terminated.
(i) A notice of delegation submitted under
subdivision (h) of this section shall be effective upon receipt by the department
and shall remain in effect until receipt by the department of a superseding
notice of delegation. The superseding notice of delegation may replace any
previously identified reviewer, add a new reviewer, or eliminate entirely any
delegation of authority.
Source. #9444, eff 4-3-09 (from Env-A 4604.06); ss by
#10468, eff 1-1-14; ss by #12967, eff 1-1-20
PART Env-A 4605 CO2
BUDGET SOURCE REQUIREMENTS; COMPLIANCE
CERTIFICATION
Env-A
4605.01 CO2 Allowance
Requirements.
(a) The owner or operator of each CO2
budget source and each CO2 budget unit at the source shall hold CO2
allowances available for compliance deductions under Env-A 4605.04, as of the
CO2 allowance transfer deadline, in the sources compliance account,
as follows:
(1) In an amount not less than the total CO2
emissions from fossil
fuel-fired generation for the control period from all CO2 budget units at the
source less the CO2 allowances deducted to meet the requirements of
(2) below, with respect to the previous 2 interim control periods, as
determined in accordance with Env-A 4605, Env-A 4607, Env-A 4609.18, and (d), below;
and
(2) An amount not less than the total CO2
emissions for the interim control period from all CO2 budget units
at the source multiplied by 0.50.
(b) A CO2
budget unit shall be subject to the requirements of this section starting by
the later of January 1, 2009 or the date on which the unit commences operation.
(c) CO2
allowances shall be held in, deducted from, or transferred among CO2
allowance tracking system accounts in accordance with Env-A 4606, Env-A 4607, and
Env-A 4608.
(d) For the purpose of determining compliance
with this part, total tons of CO2
emissions for a control period shall be calculated as the sum of all
recorded hourly emissions, or the tonnage equivalent of the recorded hourly
emissions rates, in accordance with Env-A 4609, with any remaining fraction of
a ton equal to or greater than 0.50 ton rounded up to equal one ton and any fraction
of a ton less than 0.50 ton rounded down to equal zero tons.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4605.02 CO2 Allowance Limitations.
(a) A CO2
allowance shall be a limited authorization to emit one ton of CO2 in
accordance with the CO2 budget trading program.
(b) A CO2 allowance
shall not be deducted, in order to comply with the requirements of Env-A
4605.01(a), for a control period or interim control period that ends prior to
the year for which the CO2 allowance was allocated.
(c) A CO2 offset
allowance shall not be deducted, in order to comply with the requirements of
Env-A 4605.01(a), beyond the applicable percent limitations set out in Env-A
4605.04(b).
(d) Subject to (e) and
(f), below, no
provision of the CO2 budget trading program, the CO2
budget permit application, or the CO2 budget permit shall be
construed to limit the authority of the department to terminate or limit such
authorization.
(e) The department shall include information on
any terminations or limitations in the report required by RSA 125-O:21, VI, to
the air pollution advisory committee and the
legislative oversight committee on electric utility restructuring established
under RSA 374-F:5.
(f) The authority of the department shall be limited as
specified in RSA 125-O:22,
(g) A CO2 allowance shall not
constitute a property right.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4605.03 Recordkeeping and Reporting Requirements.
(a) Unless otherwise provided, the owner or
operator of the CO2 budget source and each CO2 budget
unit at the source shall keep on site at the source each of the following
documents for a period of 10 years from the date the document is created:
(1) The account certificate of representation for
the CO2 AAR for the source and each CO2 budget unit at
the source and all documents that demonstrate the truth of the statements in
the account certificate of representation prepared in accordance with Env-A
4604.05, provided that the certificate and documents shall be retained on site
at the source beyond such 10-year period until such documents are superseded
because of the submission of a new account certificate of representation
changing the CO2 AAR;
(2) All emissions monitoring information, in
accordance with Env-A 4609 and 40
(3) Copies of all reports, compliance
certifications, and other submissions and all records made or required under
this chapter; and
(4) Copies of all documents used to complete a CO2
budget permit application and any other submission under the CO2
Budget Trading Program or to demonstrate compliance with the requirements of
this chapter.
(b) The retention
period specified in (a), above, shall be extended beyond the 10-year period for
the duration of any enforcement action that is then pending.
(c) The CO2
AAR of a CO2 budget source and each CO2 budget unit at
the source shall submit the reports and compliance certifications required
under this chapter.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4605.04 Allowances Available for Compliance
Deduction.
(a) CO2
allowances that meet the following criteria shall be available to be deducted
for compliance with the requirements of Env-A 4605 for a control period or an
interim control period:
(1) For CO2 allowances other than CO2
offset allowances, the allowances are from allocation years that fall within a prior control period or prior interim control
period or the same control period or same interim control period for which the
allowances will be deducted; and
(2) The CO2
allowances are:
a. Held in the
CO2 budget sources compliance account as of the CO2
allowance transfer deadline for that control period or interim control period;
or
b. Transferred
into the compliance account by a CO2 allowance transfer correctly
submitted for recordation under Env-A 4608.01 by the CO2 allowance
transfer deadline for that control period or interim control period.
(b) As provided in RSA 125-O:22, II, a CO2
budget source may use offset allowances for up to 3.3 percent of its compliance
obligation.
(c) CO2 allowances shall not be
available for current compliance if the allowances were deducted for excess CO2
emissions for a prior control period under Env-A 4605.08.
(d) Allowances deducted for the purpose of compliance
shall not be available for any other purpose.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4605.05 Deductions for Compliance. Following the recordation, in accordance with
Env-A 4608.02, of CO2 allowance transfers submitted for recordation
in the CO2 budget sources compliance account by the CO2
allowance transfer deadline for a control period or an interim control period,
the department shall direct the regional organization to deduct CO2
allowances available under Env-A 4605.04 equal to the sources CO2
emissions in tons, as determined in accordance with Env-A 4609 for the control
period, until either:
(a) The amount of CO2 allowances
deducted equals the number of tons of total CO2 emissions, or 0.50
times the number of tons of total CO2 emissions for an interim
control period, less any CO2 emissions attributable to the burning
of eligible biomass, determined in accordance with Env-A 4609, from all CO2
budget units at the CO2 budget source for the control period or
interim control period; or
(b) No more CO2
allowances as specified in Env-A 4605.04 remain in the compliance account, if
there are insufficient CO2 allowances to complete the deductions
pursuant to (a), above.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4605.06 Identification of Available
CO2 Allowances by Serial Number; Default Compliance Deductions.
(a) The CO2 AAR for a sources
compliance account may request that specific CO2 allowances in the
compliance account, identified by serial number, be deducted for emissions or
excess CO2 emissions for a control period or an interim control
period in accordance with Env-A 4605.05 or Env-A 4605.08. Such identification shall be made in the
compliance certification report submitted in accordance with Env-A 4605.09.
(b) In the absence of an identification or in the
case of a partial identification of available CO2 allowances by
serial number under (a), above, the regional organization shall deduct CO2
allowances for a control period or an interim control period from the CO2
budget sources compliance account in the following order:
(1) First, CO2
offset allowances, subject to the relevant compliance deduction limitations
under Env-A 4605.04(b) and Env-A 4605.08, as follows:
a. CO2
offset allowances shall be deducted in chronological order, such that CO2
offset allowances from earlier allocation years shall be deducted before CO2
offset allowances from later allocation years; and
b. In the event
that some, but not all, CO2 offset allowances from a particular
allocation year are to be deducted, CO2 offset allowances shall be
deducted by serial number, with lower serial number allowances deducted before
higher serial number allowances; and
(2) Then, any
CO2 allowances other than CO2 offset allowances that are
available for deduction under the provisions of Env-A 4605.04(a), as follows:
a. CO2
allowances shall be deducted in chronological order, such that CO2
allowances from earlier allocation years shall be deducted before CO2
allowances from later allocation years; and
b. In the event
that some, but not all, CO2 allowances from a particular allocation
year are to be deducted, CO2 allowances shall be deducted by serial
number, with lower serial number allowances deducted before higher serial
number allowances.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20; ss by #12967, eff 1-1-20
Env-A
4605.07 Excess CO2
Emissions Requirements.
(a) The owner or operator of a CO2
budget source that has excess CO2 emissions in any control period,
or excess interim emissions for any interim control period, shall:
(1) Forfeit
the CO2 allowances required for deduction under Env-A 4605.08,
provided CO2 offset allowances shall not be used to cover any part
of such excess CO2 emissions; and
(2) Pay any
fine, penalty, or assessment or comply with any other remedy imposed under RSA
125-O:7 or RSA 125-O:22, V.
(b) The department shall notify the owner or operator after forfeiture in (a)(1) above and prior
to payment in (a)(2) above of the opportunity to request a hearing in
accordance with the provisions of RSA 541-A and Env-C 200 applicable to
adjudicative proceedings.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20
Env-A
4605.08 Deductions for Excess CO2
Emissions.
(a) After making the deductions for compliance
under Env-A 4605.05, the department shall direct the regional organization to
deduct from the CO2 budget sources compliance account a number of
CO2 allowances from allocation years that occur after the control
period in which the source has excess CO2 emissions. As provided by RSA 125-O:22, V, the deduction
shall be equal to 3 times the number of the sources excess CO2
emissions.
(b) In the event that a CO2 budget
source has insufficient CO2 allowances to cover 3 times the number
of the sources excess CO2 emissions, the department shall direct
the regional authority to so notify the source.
(c) Within 14 calendar days of receipt of notice
from the regional organization that a shortage exists, the source shall
transfer sufficient allowances into its compliance account to cover the
shortage.
(d) No CO2 offset allowances shall be
deducted to account for the sources excess CO2 emissions.
(e) Any CO2 allowance deduction
required under (a), above, shall not affect the liability of the owner(s) and
operator(s) of the CO2 budget source or the CO2 units at
the source for any fine, penalty, or assessment, and shall not affect the
obligation of the owner(s) and operator(s) to comply with any other remedy, for
the same violation, as ordered under applicable state law.
(f) The department shall notify the owner or operator after making the deductions in (a) above of the opportunity
to request a hearing in accordance with the provisions of RSA 541-A and Env-C
200 applicable to adjudicative proceedings.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4605.09 Compliance Certification
Report.
(a) For each control period in which a CO2 budget
source is subject to the requirements of Env-A 4605, the CO2 AAR of the source shall submit
electronically to the regional organization by March 1 following the relevant
control period, a compliance certification report.
(b) A compliance
certification report shall not be required during an interim control period.
(c) The CO2
AAR shall include in the compliance certification report under (a), above, the
following elements, in a format prescribed by the department:
(1) Identification of the source and each CO2
budget unit at the source;
(2) At the CO2 AARs option, the
serial numbers of the CO2 allowances that are to be deducted from the
sources compliance account under Env-A 4605.06 for the control period,
including the serial numbers of any CO2 offset allowances that are to be deducted subject to
the limitations of Env-A 4605.04; and
(3) The compliance certification specified in
(c), below.
(d) In the compliance
certification report required by (a), above, the CO2 AAR shall
certify, based on reasonable inquiry of those individuals with primary
responsibility for operating the source and the CO2 budget units at
the source in compliance with the CO2 Budget Trading Program,
whether the source and each CO2 budget unit at the source for which
the compliance certification is submitted was operated during the calendar
years covered by the report in compliance with the requirements of the CO2
Budget Trading Program, including:
(1) Whether the source was operated in compliance
with the requirements of Env-A 4605;
(2) Whether the monitoring plan applicable to
each unit at the source has been maintained to reflect the actual operation and
monitoring of the unit, and contains all information necessary to attribute CO2
emissions to the unit, in accordance with Env-A 4609;
(3) Whether all CO2 emissions from the
units at the source were monitored or accounted for through the missing data
procedures specified in 40
(4) Whether the facts that form the basis for
certification under Env-A 4609 of each monitor at each unit at the source, or
for using an excepted monitoring method or alternative monitoring method approved
under Env-A 4609, if any, have changed; and
(5) If a change is required to be reported under
(c)(4), above, the nature of the change, the reason for the change, when the
change occurred, and how the unit's compliance status was determined subsequent
to the change, including what method was used to determine emissions when a
change mandated the need for monitor recertification.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4605.10 Action on Compliance
Certifications.
(a) The department shall direct the regional organization to deduct
CO2 allowances from, or transfer CO2 allowances to, a
sources compliance account based on the information submitted by the source,
or by a CO2 AAR on behalf of the source, in compliance certifications or any
other submissions required under this chapter.
(b)
The regional
organization shall review and conduct independent audits
concerning any compliance certification or any other submission under the CO2
budget trading program, and report the results of the audit to the department.
(c) If the department determines that the
information in the compliance certifications or other submissions under this
chapter are not accurate, the department shall direct the regional organization
to make the necessary adjustments to the information.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4605.11 Determination of Violations
and Deduction of Allowances.
(a) For purposes of determining the number of
days of violation, if a CO2 budget source has excess CO2
emissions for a control period, the following shall apply:
(1) Each day in
the control period in which insufficient allowances were in the sources compliance
or general accounts to cover the excess CO2 emissions shall
constitute a day of violation, unless the
owner(s) and operator(s) of the unit demonstrate that a lesser number of days
should be considered by submitting monitoring reports and records to show the
unit was not operating on certain days; and
(2) Each ton of excess CO2 emissions shall
constitute a separate violation.
(b)
For purposes of determining the number of days of violation, if a CO2
budget source has excess CO2 emissions for an interim control
period, the following shall apply:
(1) Each day in
the interim control period in which insufficient allowances were in the
sources compliance or general accounts
to cover the excess CO2 emissions shall constitute a day of
violation, unless the owner(s) and operator(s) of the unit demonstrate
that a lesser number of days should be considered by submitting monitoring
reports and records to show the unit was not operating on certain days; and
(2) Each ton of excess interim CO2
emissions shall constitute a separate violation.
(c) The propriety of the departments determination
that a CO2 budget source had excess CO2 emissions and the
concomitant deduction of CO2 allowances from that CO2
budget sources account may be challenged as provided by law. The commencement or pendency of any
administrative enforcement, or civil or criminal judicial action arising from
or encompassing that excess CO2 emissions violation shall not
prevent the department from directing the regional organization to initially
deduct the CO2 allowances resulting from the departments original
determination that the relevant CO2 budget source had excess CO2
emissions.
(d) Should the departments determination of the
existence or extent of the CO2 budget sources excess CO2
emissions be revised by the department or by final conclusion of any administrative
or judicial action, the department shall act as follows:
(1) In any
instance where the departments determination of the extent of excess CO2
emissions was too low, the department shall take further action in accordance
with Env-A 4605.08 to address the expanded violation; or
(2) In any
instance where the departments determination of the extent of excess CO2 emissions
was too high, the department shall distribute to the relevant CO2
budget source a number of CO2 allowances equaling the number of CO2
allowances deducted which are attributable to 3 times the difference between
the original and final quantity of excess CO2 emissions. If the CO2 budget sources compliance
account no longer exists, the CO2 allowances shall be provided to a
general account selected by the owner or operator of the CO2 budget
source from which they were originally deducted.
(e) The department shall direct the regional
organization to record in the appropriate compliance account all deductions
from such an account pursuant to Env-A 4605.05 and Env-A 4605.08.
(f) The department shall notify the owner or operator after making the deductions in (d), above, of the opportunity
to request a hearing in accordance with the provisions of RSA 541-A and Env-C
200 applicable to adjudicative proceedings.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
PART Env-A 4606 CO2 BUDGET ALLOWANCE ALLOCATIONS
Env-A 4606.01 New
Hampshires CO2 Trading Program Base Budget.
(a) As provided in RSA
125-O:21, II, the New Hampshire CO2 budget trading program annual
base budget shall be as follows:
(1) For
2019, 4,184,333 tons;
(2) For 2020, 4,079,725 tons;
(3) For 2021, 3,960,999 tons;
(4) For 2022, 3,842,274 tons;
(5) For 2023, 3,723,549 tons;
(6) For 2024, 3,604,823 tons;
(7) For 2025, 3,486,098 tons;
(8) For 2026, 3,367,373 tons;
(9) For 2027, 3,248,648 tons;
(10) For 2028, 3,129,922 tons;
(11) For 2029, 3,011, 197 tons; and
(12) For 2030, and each succeeding calendar year
until further legislative action, 2,892,472 tons.
(b) The annual base
budget shall be held in the NH origination account until and unless allocations
are made as provided in this part.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4606.02 Undistributed
Budget Allowances. In
accordance with RSA 125-O:22, VI and RSA 125-O:25, II, the department shall
offer undistributed budget allowances from the following set-aside accounts for sale
at auction in the following calendar year:
(a) The voluntary
renewable energy certificate or attribute credit (VREC) set-aside account under
Env-A 4606.10; and
(b) The emergency
set-aside account under Env-A 4606.11.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4606.03 Budget Allowances
Available for Allocation.
(a) For allocation years 2019 through 2025, the
New Hampshire CO2 budget trading program adjusted budget shall be the maximum number of allowances available for allocation
in a given allocation year, excluding CO2 offset allowances and
CO2
(b)
For allocation years 2026 through 2030, and each succeeding calendar
year, the New Hampshire CO2
budget trading program base budget shall be the maximum number of allowances
available for allocation in a given allocation year, excluding CO2 offset allowances and CO2
CCR allowances.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4606.04 First Control Period Interim
Adjustment for Banked Allowances. The quantity of the first control period interim adjustment for banked allowances
for allocation years 2019 and 2020 shall be 428,302 allowances.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4606.05 Second Control Period
Regional Adjustment for Banked Allowances.
The quantity of the second control period interim adjustment for banked
allowances for allocation years 2019 and 2020 shall be 714,061 allowances.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4606.06 Third Adjustment for Banked
Allowances.
(a)
On March 15, 2021, the department shall determine the third adjustment
for banked allowances quantity for allocation years 2021 through 2025 in accordance
with the following formula:
(b) For purposes of the above calculation, the
abbreviations used shall have the meanings indicated as follows:
(1)
TABA means the third adjustment
for banked allowances quantity in tons;
(2) TA means the third adjustment, which is the
total quantity of allowances in vintage years prior to 2021 held in general and
compliance accounts, including compliance accounts established pursuant to the CO2
Budget Trading Program, but not including accounts opened by participating
states, as reflected in the CO2 Allowance Tracking System on March
15, 2021;
(3)
TAE means the third adjustment
emissions, which is the total quantity of 2018, 2019, and 2020 emissions from
all CO2 budget sources in all participating states, reported
pursuant to CO2 Budget Trading Program as reflected in the CO2
Allowance Tracking System on March 15, 2021; and
(4)
RS% means New Hampshires 2021 budget divided by the 2021 regional
budget.
Source. #12967, eff 1-1-20
Env-A 4606.07 CO2 Budget Trading Program
Adjusted Budgets.
(a)
The New Hampshire CO2 budget trading program adjusted budget shall
be 3,041,970 allowances for 2019 and 2,937,362 allowances for 2020.
(b)
On or before April 15, 2021, the state of New Hampshire shall establish
the New Hampshire CO2 Budget Trading Program adjusted budgets for
the 2021 through 2025 allocation years by the following formula:
AB = BB TABA
(c)
For purposes of the above calculation, the abbreviations used shall have
the meaning indicated below:
(1) AB means the New Hampshire CO2
budget trading program adjusted budget;
(2) BB means the New Hampshire CO2
budget trading program base budget; and
(3) TABA means the third adjustment
for banked allowances, with the quantity expressed in tons.
(c)
After making the determination in (a) through (c), above, the department
or the regional organization shall publish the CO2 trading program
adjusted budgets for the 2021 through 2025 allocation years.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4606.06)
Env-A 4606.08 Cost
Containment Reserve (
(a) The department shall allocate CO2
(b) CO2
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4606.09)
Env-A 4606.09 Voluntary Renewable Energy Market
Set-Aside Program.
(a) The department shall administer the voluntary
renewable energy set-aside program established under RSA 125-O:25 in accordance
with this section and Env-A
4606.11.
(b) The department
shall open and manage a set-aside account for the voluntary renewable energy
certificate or attribute credit (VREC) set-aside for each calendar year.
(c) For each calendar year, the department shall
allocate one percent from the
New Hampshire CO2 budget trading program base budget specified in
Env-A 4606.01 to the VREC set-aside (VRECS) account created pursuant to
(b), above.
(d) On or before
September 1 of each calendar year, the department shall:
(1) Determine,
in accordance with Env-A 4606.11, the number of CO2 tons represented
by the actual MWh of voluntary REC purchases during the prior calendar year;
and
(2) Retire or
reallocate budget allowances from the VRECS account in
accordance with (e) and (f), below.
(e)
If the number of budget allowances allocated to the VRECS account for
the prior calendar year is less than the number of CO2 tons
represented by the actual MWh of voluntary REC purchases during the prior
calendar year, the department shall retire all of the budget allowances in the
VRECS account.
(f) If the number of budget allowances allocated to the VRECS account for the prior calendar year
is greater than the number of CO2 tons represented by the actual MWh
of VREC purchases during the prior calendar year, the department shall transfer
the difference to the NHAA to be auctioned at the next scheduled auction, as
specified by RSA 125-O:25, II.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4606.10)
Env-A 4606.10 Determination of Voluntary Renewable
Energy Purchases.
(a) For purposes of this section, voluntary
renewable energy purchase means a purchase of electricity from renewable
energy generation or renewable energy attribute credits by a retail electricity
customer on a voluntary basis.
(b) The renewable energy generation or renewable
energy attribute credits related to purchases of voluntary renewable energy
shall not be used by the generator or purchaser to meet any regulatory mandate,
such as a renewable portfolio standard.
(c) In order to be considered under the voluntary
renewable energy credit (VREC) set-aside program, information as specified in (d),
below, shall be submitted to the department no later than the July 30th for the
prior calendar year.
(d) Information regarding the purchase of VREC
submitted pursuant to (c), above, shall be verifiable, and include the
following:
(1) Documentation
of the number of VREC purchases by retail customers in New Hampshire, by
customer class;
(2) Certification that
the VREC purchases by retail customers in New Hampshire will not be resold;
(3) Specification
of the time period during which each retail purchase was made;
(4) Identification
of the state in which the electricity was generated or the renewable energy
attribute credit was created, including facility name, unique generator
identification number, and fuel type; and
(5) Specification
of the time period during which the electricity was generated or the renewable
energy attribute credit was created.
(e) Based on information received pursuant to (c),
above, the department shall quantify the VREC purchases in New Hampshire during
the prior calendar year by multiplying the megawatt-hours (MWh) of voluntary
REC purchases in the prior year (MWhREC) by the most current
marginal CO2 emissions rate (
VREC purchases = MWhREC X MER
Source. #10468, eff 1-1-14 (from Env-A 4606.07); ss
by #12967, eff 1-1-20 (from Env-A 4606.10)
Env-A 4606.11 Emergency Set-Aside Allocation.
(a) The department shall open and manage a
set-aside account for emergencies for each calendar year.
(b) As required by RSA 125-O:22, VI, the
department shall reserve one percent of the annual budget allowances in the
emergency set-aside account.
(c)
The department shall make budget allowances
available in accordance with RSA 125-O:22, VI and this section to CO2
budget sources in periods of operation during which an Operating Procedure 4
capacity deficiency alert, as established by the Independent System Operator of
New England, is in force.
(d) As directed by RSA 125-O:22, VI, the
department shall directly sell the reserved emergency allowances to affected CO2
sources at the most recent regional auction clearing price upon request of the
CO2 budget source.
(e) As directed by RSA 125-O:22, VI, those
allowances reserved in the emergency set-aside account but not sold in a given
year shall be auctioned the following calendar year.
Source. #10468, eff 1-1-14 (from Env-A 4606.08); ss
by #12967, eff 1-1-20 (from Env-A 4606.12)
PART Env-A 4607 CO2 ALLOWANCE TRACKING SYSTEM
Env-A 4607.01 CO2
Allowance Tracking System Compliance Accounts.
(a) Upon receipt of a complete account
certificate of representation as
specified in Env-A 4604.01, the regional organization shall establish one compliance
account for each CO2 budget source for which the account certificate
of representation was submitted.
(b) The regional organization shall record
allocations, deductions, and transfers of CO2 allowances to or from
compliance accounts in accordance with this part.
(c) The regional
organization shall assign a unique identifying number to each account
established under (a), above.
Source.
#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20 (from Env-A 4606.12)
Env-A 4607.02 Application
for CO2 Allowance Tracking System: General Account.
(a) Any person who wishes to have a general
account for the purpose of holding and transferring CO2 allowances
shall request the regional organization to establish a general account in
accordance with this section.
(b) The application for a general account shall
designate one and only one CO2 AAR and no more than one alternate CO2
AAR, who may act on behalf of the CO2 AAR. The agreement by which the alternate CO2
AAR is selected shall include a procedure for authorizing the alternate CO2
AAR to act in lieu of the CO2 AAR.
(c) A complete application for a general account
shall include the following elements:
(1) The name,
mailing address, electronic mail address, daytime telephone number, and
facsimile transmission number of the CO2 AAR and any alternate CO2
AAR;
(2) A list
naming each person subject to the binding agreement for the CO2 AAR
and any alternate CO2 AAR to represent the persons ownership
interest with respect to the CO2 allowances held in the general
account; and
(3) The
following certification statement signed and dated by the CO2 AAR
and any alternate CO2 AAR:
I certify that I was selected as the CO2
AAR or the CO2 alternate
(d) Unless
otherwise required by the department, documents of agreement referred to in the
application for a general account shall not be submitted to the regional
organization. Neither the department nor
the regional organization shall have any obligation to review or evaluate the
sufficiency of such documents, if submitted.
(e) Upon receipt by the regional organization of
a complete application for a general account in accordance with this section,
the regional organization shall establish a general account for the person or
persons for whom the application is submitted.
(f) The regional organization shall assign a
unique identifying number to each account established under (e), above.
(g) Transfers of CO2
allowances pursuant to Env-A 4608 shall be recorded in the general account.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4607.03 CO2 AAR Authorization and
Authority.
(a) The CO2 AAR and any alternate CO2
AAR for the general account shall represent and, by his or her representations,
actions, inactions, or submissions, legally bind each person who has an
ownership interest with respect to CO2 allowances held in the
general account in all matters pertaining to the CO2 Budget Trading
Program, notwithstanding any agreement between the CO2 AAR or any
alternate CO2 AAR and such person.
Any such person shall be bound by any order or decision issued to the CO2
AAR or any alternate CO2 AAR by the department or a court regarding
the general account.
(b) Any representation, action, inaction, or
submission by any alternate CO2 AAR shall be deemed to be a
representation, action, inaction, or submission by the CO2 AAR.
(c) Each submission concerning the general
account shall be submitted, signed, and certified by the CO2 AAR or
the alternate CO2 AAR for the persons having an ownership interest
with respect to CO2 allowances held in the general account. Each such submission shall include the
following certification statement by the CO2 AAR or the alternate CO2
AAR:
I am authorized to make this submission on behalf of
the persons having an ownership interest with respect to the CO2
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 fines or imprisonment.
(d) The department shall direct the regional
organization to accept or act on a submission concerning the general account
only if the regional organization confirms that the submission has been made,
signed, and certified in accordance with (c), above.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4607.04 Changing
CO2 AAR and Alternate CO2 AAR; Changes in Persons with
Ownership Interest.
(a) If the persons
having an ownership interest in the CO2 allowances in a general
account wish to change the AAR, a superseding complete application for a
general account shall be submitted to the regional organization in accordance
with Env-A 4607.02. Notwithstanding any
such change, all representations, actions, inactions, and submissions by the
previous CO2 AAR, or the previous alternate CO2 AAR,
prior to the time and date when the regional organization receives the
superseding application for a general account shall be binding on the new CO2
AAR and all persons with an ownership interest in the CO2 allowances
in the general account.
(b) If the persons having an ownership interest
in the CO2 allowances in a general account wish to change the
alternate CO2 AAR, a superseding complete application for a general
account shall be submitted to the regional organization in accordance with
Env-A 4607.02. Notwithstanding any such
change, all representations, actions, inactions, and submissions by the
previous CO2 AAR, or the previous alternate CO2 AAR,
prior to the time and date when the regional organization receives the
superseding application for a general account shall be binding on the new
alternate CO2 AAR and all persons with an ownership interest in the
CO2 allowances in the general account.
(c) In the event a person having an ownership
interest with respect to CO2 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 representations, actions, inactions, and
submissions of the CO2 AAR and any alternate CO2 AAR, and
the decisions, orders, and actions of the department, as if the person were
included in such list.
(d) Within 30 days following any change in the
persons having an ownership interest in CO2 allowances in the
general account, such as the addition, deletion, or substitution of a person,
the CO2 AAR or the alternate CO2 AAR, if any, shall
submit a revision to the application for a general account, amending the list
of persons having an ownership interest in the CO2 allowances in the
general account to include the change.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4607.05 Objections Concerning CO2
AAR.
(a) Once a complete application for a general
account pursuant to Env-A 4607.02 has been received by the regional organization, the department and the regional
organization shall
rely on the application until any superseding complete application for a
general account as provided in Env-A 4607.04 is received by regional
organization.
(b) Except as provided in Env-A 4607.04(a) or
(b), no objection or other communication submitted to the regional organization or the department concerning the
authorization, or any representation, action, inaction, or submission of the CO2
AAR or any alternate CO2 AAR for a general account shall affect any
representation, action, inaction, or submission of the CO2 AAR or
any alternate CO2 AAR or the finality of any decision or order by
the department under the CO2 budget trading program.
(c) The department shall not adjudicate any private legal dispute concerning the
authorization or any representation, action, inaction, or submission of the CO2
AAR or any alternate CO2 AAR for a general account, including private
legal disputes concerning the proceeds of CO2 allowance transfers.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4607.06 Delegation
by CO2 AAR and Alternate CO2 AAR.
(a) A CO2 AAR may delegate, to one or
more individuals, his or her authority to make an electronic submission to the regional organization under the provisions of Env-A 4607 and Env-A 4608.
(b) An alternate CO2 AAR may delegate,
to one or more individuals, his or her authority to make an electronic
submission to the regional organization under the provisions of Env-A 4607 and Env-A
4608.
(c) In order to delegate authority to make an
electronic submission to the regional
organization
in accordance with (a) or (b), above, the CO2 AAR or alternate CO2
AAR, as appropriate, shall submit to the regional organization a notice of
delegation that includes the following:
(1) The name,
mailing address, electronic mail address, daytime telephone number, and facsimile
transmission number of such CO2 AAR or alternate CO2 AAR;
(2) The name,
mailing address, electronic mail address, daytime telephone number, and
facsimile transmission number of each individual to whom authority is being
delegated, herein refered to as electronic submission agent;
(3) For each
such individual, a list of the type of electronic submissions under (a) or (b),
above, for which authority is delegated to that individual; and
(4) The following
certification statements signed and dated by the CO2 AAR or
alternate CO2 AAR who is making the delegation:
a. I agree that any electronic submission to
the department or its agent that is by a natural person identified in this
notice of delegation and of a type listed for such electronic submission agent
in this notice of delegation and that is made when I am a CO2 AAR or
alternate CO2 AAR, as appropriate, and before this notice of
delegation is superseded by another notice of delegation under the CO2
budget trading program shall be deemed to be an electronic submission by me.
b. Until this notice of delegation is
superseded by another notice of delegation under the CO2 budget
trading program, I agree to maintain an electronic mail account and to notify
the department or its agent immediately of any change in my electronic mail
address unless all delegation authority by me under the CO2 budget
trading program is terminated.
(d) A notice of delegation submitted in
accordance with (c), above, shall be effective, with regard to the CO2
AAR or alternate CO2 AAR identified in such notice, upon receipt of
such notice by the regional organization and until receipt by the regional
organization
of a superseding notice of delegation by such CO2 AAR or alternate
CO2 AAR, as applicable. The
superseding notice of delegation may replace any previously identified
electronic submission agent, add a new electronic submission agent, or
eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification
in (c)(4), above, and made in accordance with a notice of delegation effective
under (d), above, shall be deemed to be an electronic submission by the CO2
AAR or alternate CO2 AAR submitting such notice of delegation.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4607.07 CO2 Allowance
Tracking System Responsibilities of CO2 AAR. Following the establishment of a CO2
allowance tracking system account, all submissions to the regional organization pertaining to the account, including, but not
limited to, submissions concerning the deduction or transfer of CO2
allowances in the account, shall be made only by the CO2 AAR for the
account.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4607.08 Recordation
of CO2 Allowance Allocations.
(a) Each year the
department shall direct the regional
organization to record CO2 allowances, as allocated under Env-A 4606, in the applicable accounts for
the year after the last year for which CO2 allowances were
previously allocated to the applicable accounts. Each year, the regional
organization
also shall record CO2 allowances, as allocated under Env-A 4606, in an allocation set-aside for
the year after the last year for which CO2 allowances were
previously allocated to an allocation set-aside.
(b) When allocating CO2 allowances to
and recording them in an account, the regional
organization shall
assign each CO2 allowance a unique identification number that
includes digits identifying the year for which the CO2 allowance is
allocated.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4607.09 Action on Submissions.
(a) The regional
organization
shall review and conduct independent audits of any submission under the CO2
budget trading program and make appropriate adjustments of the information in
the submissions.
(b) Such review and audit shall be conducted:
(1) On a random
number and selection of the submittals for a given control period; and
(2) On any
submittal for which the regional organization has a good faith belief that the submittal contains
a discrepancy.
(c) If, as a result of a review pursuant to (a),
above, the department determines that a sources compliance account
contains the incorrect amount of allowances, the department shall direct the regional
organization to
deduct CO2 allowances from or transfer CO2 allowances to
the sources compliance account as needed to correct the account.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4607.10 Banking. Each CO2 allowance that is held in
a compliance account or a general account shall remain in such account unless
and until the CO2 allowance is deducted or transferred.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4607.11 Account Error.
(a) Upon confirmation of an error in any CO2
allowance tracking system account, the regional
organization
shall:
(1) Correct the
error; or
(2) Notify the CO2
AAR for the account in writing of the error and request that the error be
corrected.
(b) If the regional
organization
corrects the error pursuant to (a)(1), above, the regional organization shall notify the CO2
AAR for the account within 10 business days of making such correction.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4607.12 Closing
of General Accounts.
(a) If a CO2
AAR of a general account wishes to close the account, the CO2 AAR
shall instruct the regional organization to close the account by submitting:
(1) A statement
requesting deletion of the account from the CO2 allowance tracking
system; and
(2) A CO2 allowance
transfer of all CO2 allowances in the account to one or more other
CO2 allowance tracking system accounts for recordation under Env-A
4608.
(b) If a general account shows no activity for a
period of one or more years and does not contain any CO2 allowances,
the regional organization shall send a written notice to the CO2
AAR for the account, stating that the account will be closed in the CO2
allowance tracking system 30 business days after the notice is sent unless the
CO2 AAR submits, before the end of the 30-day period, a transfer of
CO2 allowances into the account in accordance with Env-A 4608.
(c) The regional
organization
shall close the account after 30 days from the date of the notice if the CO2
AAR does not submit a transfer of CO2 allowances into the
account in accordance with Env-A 4608.01 before the end of the 30-day period.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
PART Env-A 4608 CO2 ALLOWANCE TRANSFERS
Env-A 4608.01 Submission
of CO2 Allowance Transfers.
(a) Any CO2 AAR seeking recordation of
a CO2 allowance transfer shall submit the transfer request to the regional organization in accordance with (b), below.
(b) To be considered correctly submitted, the CO2
allowance transfer request shall include the following elements:
(1) The numbers
identifying both the transferor and transferee accounts;
(2) A
specification by serial number of each CO2 allowance to be
transferred;
(3) The printed
name and signature of the CO2 AAR of the transferor account and the
date signed;
(4) The date of
the completion of the last sale or purchase transaction for the allowance, if
any; and
(5) The
purchase or sale price of the allowance that is the subject of a sale or purchase
transaction under (4), above.
(c) Upon receipt of a CO2 allowance
transfer request, the regional organization shall review the submission to determine
whether the requirements of (b), above, have been met.
(d) If the requirements of (b), above, have not
been met, the regional organization shall so inform the department.
(e) Upon receipt of information pursuant to (d),
above, the department shall direct the regional organization to:
(1) Deny the CO2
allowance transfer request; and
(2) Inform the
CO2 AAR making the request in writing of the denial and the
reason(s) therefore.
(f) The CO2 AAR may submit a new
transfer request only if the reason(s) for the denial of the original request
are corrected.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4608.02 Recordation.
(a) Subject to (b), below, the regional organization shall, within 5 business days of receiving a CO2
allowance transfer request that fully complies with Env-A 4608.01, record the
CO2 allowance transfer by moving each CO2 allowance from
the transferor account to the transferee account as specified by the request.
(b) A CO2 allowance transfer into or
out of a compliance account shall not be recorded until after completion of the
deduction for compliance process specified in Env-A 4605.05 if the request:
(1) Is
submitted for recordation following the CO2 allowance transfer
deadline; and
(2) Includes any CO2 allowances from
allocation years that fall within a control period or an interim control period
prior to or the same as the control period or interim control period to which
the CO2 allowance transfer deadline applies.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4608.03 Notification of Recordation.
(a) Within 5 business days of recordation of a CO2
allowance transfer pursuant to Env-A 4608.02, the regional organization shall notify the CO2 AARs of both the
transferor and transferee accounts.
(b) The notice provided pursuant to (a), above,
shall:
(1) Identify
the transferor and transferee accounts; and
(2) Identify
the transferred CO2 allowances, by serial number.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
PART Env-A 4609 MONITORING
Env-A 4609.01 General
Requirements.
(a) Each owner and operator, and to the extent
applicable, the CO2 AAR of a CO2 budget unit, shall
comply with the monitoring, recordkeeping and reporting requirements as
provided in this part and in all applicable sections of 40
(b) For purposes of complying with such requirements,
the definitions in Env-A 4602 and in 40
(1) The term
affected unit in 40
(2) The term
designated representative in 40
(3) The term
continuous emissions monitoring system (CEMS) in 40
(4) For units
not subject to the federal acid rain program, the term Administrator in 40
(c) Owners or operators of a CO2
budget unit who monitor a non-CO2 budget unit pursuant to the
common, multiple, or bypass stack procedures in 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20
(a)
Install all monitoring systems required under this part for monitoring
CO2 mass emissions in accordance with 40
(b)
Successfully complete all certification tests required under Env-A
4609.06 and meet all other requirements of Env-A 4609 and 40
(c) Record, quality-assure, and report the data
from the monitoring systems identified in (a), above, by the dates specified in
Env-A 4609.03.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.03 Compliance Dates. The owner or operator shall comply with all
requirements of Env-A 4609 on or before the following dates:
(a) The owner or operator of a CO2 budget
unit that commences commercial operation on or after January 1, 2014 shall
comply with the requirements of Env-A 4609 by the earlier of 90 unit operating
days or 180 calendar days after the date on which the unit commences commercial
operation; and
(b) For the owner or operator of a CO2
budget unit for which construction of a new stack or flue installation is
completed after the applicable deadline under (a) or (b), above, by the earlier
of 90 unit operating days or 180 calendar days after the date on which
emissions first exit to the atmosphere through the new stack or flue.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.04 Reporting Data.
(a) Except as provided in (b), below, the owner
or operator of a CO2 budget unit that does not meet the applicable
compliance date set forth in Env-A 4609.03 for any monitoring system required
under Env-A 4609.02(a) shall, for each such monitoring system, determine,
record, and report for the following parameters, as applicable, maximum potential,
or as appropriate, minimum potential values for CO2 concentration,
CO2 emissions rate, stack gas moisture content, fuel flow rate, heat
input, and any other parameters required to determine CO2 mass
emissions in accordance with (c), below, 40
(b) The owner or operator of a CO2 budget
unit that does not meet the applicable compliance date set forth in Env-A
4609.03(c) for any monitoring system required under Env-A 4609.02(a) shall, for
each such monitoring system, determine, record, and report substitute data
using the applicable missing data procedures in 40
(c) Any CO2 budget unit that is
subject to an acid rain emissions limitation and that qualifies for the
optional SO2,
(d) Any CO2 budget unit that is
subject to an acid rain emissions limitation but that does not qualify for the
optional SO2,
(e) Any CO2 budget unit that is not
subject to an acid rain emissions limitation shall qualify for the optional CO2
emissions calculation for LME units under 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20
Env-A 4609.05 Prohibitions.
(a)
No owner or operator of a CO2 budget unit shall use any
alternative monitoring system, alternative reference method, or any other
alternative for the required continuous emissions monitoring system without
having obtained prior written approval in accordance with Env-A 4609.
(b) No owner or operator of a CO2
budget unit shall operate the unit so as to discharge, or allow to be
discharged, CO2 emissions to the atmosphere without accounting for
all such emissions in accordance with the applicable provisions of Env-A 4609
and 40
(c) No owner or operator of a CO2
budget unit shall disrupt the continuous emissions monitoring system or any
portion thereof, or any other approved emissions monitoring method, and thereby
avoid monitoring and recording CO2 mass emissions discharged into
the atmosphere, except for periods of recertification, calibration, quality
assurance testing, or maintenance is performed in accordance with the
applicable provisions of Env-A 4609 and 40
(d) No owner or operator of a CO2
budget unit shall retire or permanently discontinue use of the continuous
emissions monitoring system or any component thereof, or any other approved
emissions monitoring system under Env-A 4609, 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
Env-A 4609 and 40
(2) The CO2
AAR submits notification of the date of certification testing of a replacement
monitoring system in accordance with Env-A 4609.08.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20
Env-A 4609.06 Initial
Certification and Recertification Requirements.
(a)
Except as provided in (b) through (d) or (g), below, the owner or
operator of a CO2 budget unit shall comply with the initial
certification and recertification procedures specified in Env-A 4609.06 and 40
(1) A
continuous emissions monitoring system (CEMS), including the automated data
acquisition and handling system;
(2) A
monitoring system excepted under appendix D of 40
(3) Any monitoring
system installed in order to meet the requirements of Env-A 4609 in a location
where no such monitoring system was previously installed.
(b) The owner or operator of a unit that qualifies
to use the low mass emissions excepted monitoring methodology in 40
(c) The owner or operator of a unit that
qualifies to use an alternative monitoring system under Subpart E of 40
(d) The owner or operator of a CO2
budget unit shall be exempt from initial certification requirements for a
monitoring system required under Env-A 4609.02 if the monitoring system:
(1) Previously
was certified in accordance with 40
(2) Meets all
applicable quality assurance and quality control requirements of:
a. 40
b. Either
appendix B or appendix D of 40
(e) Except as provided in (g), below, the owner
or operator of a CO2 budget unit shall recertify in accordance with
40
(1) A
monitoring system that is exempt from initial certification requirements under
(b)-(d), above;
(2) Any
replacement, modification, or change in a certified continuous emissions
monitoring system required under Env-A 4609.02 that the Administrator or the
department determines, in accordance with 40
(3) In the case
of a monitoring system using stack measurements such as stack flow, stack
moisture content, CO2 monitors, or O2 monitors, any
replacement, modification, or change to the flue gas handling system or the
units operation that the Administrator or the department determines, in
accordance with 40
(f) Changes which require recertification shall
include, but not be limited to, replacing the analyzer, changing the location
or orientation of the sampling probe or site, or changing the flow rate monitor
polynomial coefficients.
(g) If the
Administrator has previously approved a petition under 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.07 Approval Process for Initial
Certifications and Recertifications.
(a) Subject to (b), below, the requirements of
Env-A 4609.08 through Env-A 4609.15 shall apply to both initial certification
and recertification of a monitoring system installed in accordance with Env-A
4609.02(a).
(b) For recertifications,
the following shall apply:
(1) The words
certification and initial certification shall be read as recertification;
(2) The word
certified shall be read as recertified; and
(3) The process described in 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.08 Notification of Certification
Testing and Retesting. The CO2
AAR shall submit written notices of certification testing and retesting in
accordance with 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4609.09 Certification
Application.
(a) The CO2 AAR shall submit a
certification application which includes the information specified in 40
(b) The CO2 AAR shall submit the
certification application within 45 days after completing all CO2 monitoring
system certification tests required by Env-A 4609.02, including the information
required under 40
(c) If the certification application is not
complete, the department shall issue a written notice of
incompleteness that identifies the information that is missing and sets a
reasonable date by which the CO2 AAR must submit the additional
information required to complete the certification application.
(d) If the CO2 AAR does not submit the
additional information required to complete the certification application by
the specified date, the department shall issue a notice of disapproval under
Env-A 4609.11.
(e) The 120 day review period specified in Env-A
4609.11(a) shall not begin until a complete certification application is
received.
Source.
#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4609.10 Provisional
Certification.
(a) The provisional certification date for a
monitor shall be determined in accordance with 40
(b) A provisionally-certified monitor may be
used under the CO2 budget trading program for a period not to exceed
120 days after receipt by the department of the complete
certification application for the monitoring system or component thereof in
accordance with Env-A 4609.09.
(c) Data measured and recorded by the
provisionally-certified monitoring system or component thereof, in accordance
with the requirements of 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4609.11 Process
and Notification for Certification Application Reviews and Decisions.
(a)
The department shall issue a written notice of approval or
disapproval of the certification application to the CO2 AAR within
120 days of receipt of the complete certification application as specified in
Env-A 4609.09.
(b) If the department does not issue
such notice within such 120-day period, each monitoring system which meets the
applicable performance requirements of 40
(c) If the certification application is complete
and shows that each monitoring system meets the applicable performance
requirements of 40
(d) The department shall issue a
written notice of disapproval of the certification application as provided in
(a), above, if:
(1) The
certification application shows that any monitoring system or component thereof
does not meet the performance requirements of 40
(2) The
certification application is incomplete and the response required under Env-A
4609.09(c) is not provided.
(e) The notice of disapproval shall:
(1) Specify the
reason(s) for the disapproval; and
(2) Inform the
CO2 AAR that the provisional certification is invalidated by the
issuance of the notice, and that the data measured and recorded by each uncertified
monitoring system or component thereof is not considered valid quality-assured
data beginning with the date and hour of provisional certification.
(f)
The owner or operator shall follow the procedures for loss of
certification in Env-A 4609.12 for each monitoring system or component thereof,
which is disapproved for initial certification.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.12 Procedures After Loss of
Certification. If the department issues a notice of disapproval of a certification application under
Env-A 4609.11(c) or a notice of disapproval of certification status under Env-A
4609.15(c) then:
(a) 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 beginning with the date and hour of
provisional certification and continuing until the time, date, and hour
specified under 40
(1) For units
using or intending to monitor for CO2 mass emissions using heat input
or for units using the low mass emissions excepted methodology under 40
(2) For units
intending to monitor for CO2 mass emissions using a CO2
pollutant concentration monitor and a flow monitor, the maximum potential
concentration of CO2 and the maximum potential flow rate of the unit
under section 2.1 of appendix A of 40
(b) If the owner or operator of a unit intends to
use appendix D of 40
(c) The CO2 AAR shall submit a
notification of certification retest dates and a new certification application
in accordance with Env-A 4609.08 and Env-A 4609.09; and
(d) The owner or
operator shall repeat all certification tests or other requirements that were
failed by the monitoring system, as indicated in the notice of disapproval, no
later than 30 unit operating days after the date of issuance of the notice of
disapproval.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.13 Initial Certification and
Recertification Procedures for Low Mass Emissions Units Using Excepted
Methodologies.
(a) The owner or operator of a unit qualified to
use the low mass emissions excepted methodology under Env-A 4609.04(c) shall
meet the applicable certification and recertification requirements of 40
(b) If the owner or operator of such a unit
elects to certify a fuel flow meter system for heat input determinations, the
owner or operator shall also meet the certification and recertification
requirements in 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.14 Certification/Recertification
Procedures for Alternative Monitoring Systems. The CO2 AAR of each unit for which
the owner or operator intends to use an alternative monitoring system approved by
the Administrator and, if applicable, the department under Subpart E of 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.15 Out-of-control Periods; Audit
Decertification.
(a) Whenever any monitoring system fails to meet
the quality assurance and quality control requirements or data validation
requirements of 40
(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 of Env-A 4609 or the applicable provisions of 40
(c) Issuance of a
notice of disapproval shall constitute revocation of the certification status
of the monitoring system as of the date of the notice. 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 initial certification or recertification
procedures specified in Env-A 4609.06 for each disapproved monitoring system.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.16 Recordkeeping and Reporting.
(a) The CO2 AAR shall comply with all
recordkeeping and reporting requirements in this section, the applicable record
keeping and reporting requirements under 40
(b) The CO2 AAR of a CO2
budget unit shall submit a monitoring plan in the manner prescribed in 40
(c) The CO2 AAR shall submit quarterly
reports as follows:
(1) The CO2 AAR shall report the CO2
mass emissions data for the CO2 budget unit, in an electronic format
prescribed by the Administrator unless otherwise prescribed by the regional
organization, for each calendar quarter beginning with the calendar
quarter corresponding to the earlier of the date of provisional certification
or the applicable deadline for initial certification under subdivision Env-A
4609.03;
(2) The CO2 AAR shall submit each
quarterly report to the regional organization within 30 days following the end of the
calendar quarter covered by the report, in the manner specified in Subpart H of
40
(3) Quarterly
reports shall be submitted for each CO2 budget unit, or for each
group of units using a common stack, which include all of the data and
information required in Subpart G of 40
(4) The CO2 AAR shall include a
compliance certification with, and in support of, each quarterly report based
on reasonable inquiry of those persons with primary responsibility for ensuring
that all of the units emissions are correctly and fully monitored; and
(5) The certification shall state that:
a. The monitoring data submitted were recorded
in accordance with the applicable requirements of both 40
b. For a unit with add-on CO2 emissions
controls and for all hours where data are substituted in accordance with 40
c. The CO2 concentration values
substituted for missing data under Subpart D of 40
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A 4609.17 Petitions.
(a) Except as provided in (c), below, the CO2
AAR of a CO2 budget unit that is subject to an acid rain emissions
limitation may submit a petition to the Administrator under 40
(b) The CO2 AAR of a CO2
budget unit that is not subject to an acid rain emissions limitation may submit
a petition to the Administrator under 40
(c) If the Administrator declines to review a
petition, the CO2 AAR of a CO2 budget unit that is not
subject to an acid rain emissions limitation may submit a petition to the department requesting
approval to apply an alternative to any requirement of Env-A 4609. The petition shall contain all of the
relevant information specified in 40
(d) The CO2 AAR of a CO2
budget unit that is subject to an acid rain emissions limitation may submit a
petition to the Administrator under 40
(e)
The use of an alternative to any such requirement shall only satisfy the
requirements of this chapter if the petition is approved in writing by the
Administrator and by the department.
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss
by #12967, eff 1-1-20
Env-A
4609.18 CO2 Budget Units that Report Co-firing Eligible Biomass.
(a) The CO2 AAR of a CO2
budget unit that co-fires eligible biomass as a compliance mechanism shall
report the following information to the regional organization for each calendar
quarter:
(1) For
each shipment of solid eligible biomass fuel fired at the CO2 budget
unit, the total eligible biomass fuel input, on an as-fired basis, in
pounds;
(2) For
each shipment of solid eligible biomass fuel fired at the CO2 budget
unit, the moisture content, on an as-fired basis, as a fraction by weight;
(3) For
each distinct type of gaseous eligible biomass fuel fired at the CO2
budget unit, the density of the biogas, on an as-fired basis, in pounds per
standard cubic foot;
(4) For
each distinct type of gaseous eligible biomass fuel fired at the CO2
budget unit, the moisture content of the biogas, as a fraction by total
weight;
(5) For
each distinct type of gaseous eligible biomass fuel fired at the CO2
budget unit, the total eligible biomass fuel input, in standard cubic
feet;
(6) For
each distinct type of eligible biomass fuel fired at the CO2 budget
unit, the dry basis carbon content of the fuel type, as a fraction by dry
weight;
(7) For each distinct type of eligible
biomass fuel fired at the CO2 budget unit, the dry basis higher
heating value, in MMBtu per dry pound;
(8) For
each distinct type of eligible biomass fuel fired at the CO2 budget
unit, the total dry basis eligible biomass fuel input, in pounds, calculated in
accordance with (c) or (d), below;
(9) For
each distinct type of eligible biomass fuel fired at the CO2 budget
unit, chemical analysis, including heating value and carbon content;
(10) The
total amount of CO2 emitted from the CO2 budget unit due
to firing eligible biomass fuel, in tons, calculated in accordance with (e),
below;
(11) For
each distinct type of eligible biomass fuel fired at the CO2 budget
unit, the total eligible biomass fuel heat input, in MMBtu, calculated in accordance
with (f)(1), below;
(12) The
total amount of heat input to the CO2 budget unit due to firing
eligible biomass fuel, in MMBtu, calculated in accordance with (f)(2),
below;
(13) A
compliance
certification and documentation of fuel sampling frequency and
methodology; and
(14) A
compliance
certification and documentation of monitoring technology employed.
(b) The owner or operator of a CO2
budget unit shall calculate and submit to the regional organization on a quarterly
basis the total dry weight for each distinct type of eligible biomass co-fired
by the CO2 budget unit during the reporting quarter.
(c) The total dry weight shall be determined for
each fuel type as follows:
(1) For
solid fuel, as determined in accordance with (c), below;
(2) For
gaseous fuel, as determined in accordance with (d), below; or
(3) For
eligible liquid biofuel, as proposed by the CO2 budget source and
approved by the department in accordance with Env-A 4609.21.
(d) The total eligible biomass dry basis fuel
input, in pounds, for solid fuel shall be calculated as follows:
(1) Fj
means the total eligible biomass dry basis fuel input, in pounds, for fuel type
j;
(2) Fi
means the eligible biomass as fired fuel input, in pounds, for fired shipment
i;
(3) Mi
means the moisture content fraction for fired shipment i:
(4) i
means the fired fuel shipment;
(5) j
means the fuel type;
(6) n
means the number of shipments; and
(7) Fj
equals the sum of each product of Fi and the difference between one
and M i, as shown in the
following equation:
n
Fj =
Σ (1 M i) x Fi
i = 1
(e) The total eligible biomass dry basis fuel
input, in pounds, for gaseous fuel shall be calculated as follows:
(1) Fj
means the total eligible biomass dry basis fuel input, in pounds, for fuel type
j;
(2) Dj
means the density of biogas, in pounds per standard cubic foot (scf) for each
distinct fuel type;
(3) Vj
means the total volume in scf for fuel type j;
(4) Mi
means the moisture content fraction for fired shipment j;
(5) j
means the fuel type ; and
(6) The
Fj is the product of Dj times Vj, multiplied by the difference
between one and M j, as shown in the following equation:
Fj = Dj x Vj
x (1 Mj)
(f) CO2 emissions due to co-firing of
eligible biomass shall be determined as follows:
(1) CO2
tons means the tons of CO2 emissions due to co-firing of eligible
biomass for the reporting quarter;
(2) Fj
means the total eligible biomass dry basis fuel input, in pounds, for fuel type
j, as calculated in (c) or (d), above, as applicable;
(3) Cj
means the dry basis carbon fraction for fuel type j;
(4) Oj
means the oxidation factor for eligible biomass fuel type j, derived for solid
fuels based on the ash content of the eligible biomass fired and the carbon
content of this ash as determined in accordance with the methodologies
certified and documented pursuant to (a)(13)-(14), and for gaseous eligible biomass fuels, using a default oxidation factor of 0.995;
(5) j
means the fuel type;
(6) n means the number of distinct fuel
types; and
(7) The
CO2 emissions due to co-firing of eligible biomass shall be the sum
of the products of Fj and Cj and Oj and 44/12 and 0.0005 as
shown in the following equation during periods of co-firing:
n
CO2 tons =
Σ Fj x Cj x Oj x 44/12 x 0.0005
j = 1
(g) Heat input due to co-firing of eligible
biomass for each quarter shall be determined as follows:
(1) Hj
means the heat input, in MMBtu, for each distinct fuel type j;
(2) Fj
means the total eligible biomass dry basis fuel input, in lbs, for fuel type j,
as calculated in (c) or (d);
(3) HHVj
means the higher heating value, in MMBtu/lb, dry basis, for fuel type j, as
determined through chemical analysis;
(4) j
means the fuel type;
(5) n
means the number of distinct fuel types;
(6) For
each distinct fuel type, the heat input, in MMBtu, for each distinct fuel type
j shall equal the product of Fj and HHVj as shown in the
following equation:
Hj =
Fj x HHVj
(7) Htot
means the heat input, in MMBtu, for all fuel types; and
(8) For
all fuel types, the heat input, in MMBtu, for all fuel types shall equal the
sum of each Hj as shown in the following equation:
n
Htot =
Σ Hj
j = 1
Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14;
ss by #12967, eff 1-1-20
Env-A
4609.19 CO2 Emissions Due to the Firing of Eligible Biomass Alone. The CO2 emissions due to firing of
eligible biomass by itself and not co-fired with another fuel, shall be as
measured and recorded by the continuous emissions monitor during all periods
when firing eligible biomass alone.
Source. #9444, eff 4-3-09; ss by #10468, eff 1-1-14;
ss by #12967, eff 1-1-20
Env-A
4609.20 Determining CO2
Emissions from Co-firing Eligible Liquid Biofuel.
(a) The owner or operator of a source who wishes
to deduct the CO2 emissions from co-fired eligible liquid biofuel
from the sources total CO2 emissions shall propose a method for
determining the CO2 emissions attributable to the eligible liquid
biofuel to the department in writing.
(b) The proposal submitted pursuant to (a),
above, shall contain such information as is necessary to explain the method and
demonstrate that it accurately determines the CO2 emissions from the
eligible liquid biofuel being co-fired at the source.
(c) The department shall approve the method if
it determines that the method accurately determines the CO2
emisisons attributable to the eligible liquid biofuel co-fired by the source.
Ruling on the
eligibility of PSNH Schiller Station Unit #5 for renewable portfolio standards.
Source. #9444, eff 4-3-09; ss by #10468, eff 1-1-14;
ss by
Appendix A: State Statutes, Federal Statutes/Regulations
Implemented
Rule Section(s) |
State or Federal Statute or Federal Regulation
Implemented |
|
|
Env-A 4600 |
RSA 125-O:20-29 |
|
|