Administrative Code

Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
9/20/2020

Chapter 140. Regulation for Emissions Trading Programs

Part I
NOx Budget Program for Nonelectric Generating Units

Article 1
NOx Budget Program General Provisions

9VAC5-140-10. Purpose.

This part establishes general provisions and the applicability, permitting, and monitoring provisions for the NOx Budget Program for nonelectric generating units (non-EGUs) as a means of mitigating the interstate transport of ozone and nitrogen oxides.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-20. Definitions.

A. As used in this part, all words or terms not defined here shall have the meanings given them in 9VAC5-10, unless otherwise required by context.

B. For the purpose of this part and any related use, the following words or terms shall have the following meanings unless the context clearly indicates otherwise:

"Account certificate of representation" means the completed and signed submission required by Article 2 (9VAC5-140-100 et seq.) of this part for certifying the designation of a NOx authorized account representative for a NOx Budget source or a group of identified NOx Budget sources who is authorized to represent the owners and operators of such source or sources and of the NOx Budget units at such source or sources with regard to matters under the NOx Budget Program.

"Administrator" means the Administrator of the U.S. Environmental Protection Agency or the administrator's duly authorized representative.

"Automated data acquisition and handling system" or "DAHS" means that component of the CEMS, or other emissions monitoring system approved for use under Article 8 (9VAC5-140-700 et seq.) of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by Article 8 (9VAC5-140-700 et seq.) of this part.

"Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

"CAA" means the Clean Air Act, 42 USC § 7401 et seq., as amended by P.L. No. 101-549 (November 15, 1990).

"Combined cycle system" means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.

"Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.

"Commence commercial operation" means, with regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. Except as provided in 9VAC5-140-50, for a unit that is a NOx Budget unit under 9VAC5-140-40 on the date the unit commences commercial operation, such date shall remain the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in 9VAC5-140-50, for a unit that is not a NOx Budget unit under 9VAC5-140-40 on the date the unit commences commercial operation, the date the unit becomes a NOx Budget unit under 9VAC5-140-40 shall be the unit's date of commencement of commercial operation.

"Commence operation" means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber. Except as provided in 9VAC5-140-50, for a unit that is a NOx Budget unit under 9VAC5-140-40 on the date of commencement of operation, such date shall remain the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in 9VAC5-140-50, for a unit that is not a NOx Budget unit under 9VAC5-140-40 on the date of commencement of operation, the date the unit becomes a NOx Budget unit under 9VAC5-140-40 shall be the unit's date of commencement of operation.

"Common stack" means a single flue through which emissions from two or more units are exhausted.

"Continuous emission monitoring system" or "CEMS" means the equipment required under Article 8 (9VAC5-140-700 et seq.) of this part to sample, analyze, measure, and provide, by readings taken at least once every 15 minutes of the measured parameters, a permanent record of nitrogen oxides emissions, expressed in tons per hour for nitrogen oxides. The following systems are component parts included, consistent with 40 CFR Part 75, in a continuous emission monitoring system:

1. Flow monitor;

2. Nitrogen oxides pollutant concentration monitors;

3. Diluent gas monitor (oxygen or carbon dioxide) when such monitoring is required by Article 8 (9VAC5-140-700 et seq.) of this part;

4. A continuous moisture monitor when such monitoring is required by Article 8 (9VAC5-140-700 et seq.) of this part; and

5. An automated data acquisition and handling system.

"Control period" means the period beginning May 1 of a year and ending on September 30 of the same year, inclusive, except for the calendar year 2004, the period shall begin May 31.

"Electricity for sale under firm contract to the grid" means electricity for sale where the capacity involved is intended to be available at all times during the period covered by a guaranteed commitment to deliver, even under adverse conditions.

"Emissions" means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the administrator by the NOx authorized account representative and as determined by the administrator in accordance with Article 8 (9VAC5-140-700 et seq.) of this part.

"Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.

"Fossil fuel-fired" means, with regard to a unit:

1. For units that commenced operation before January 1, 1996, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1995 or, if a unit had no heat input in 1995, during the last year of operation of the unit prior to 1995;

2. For units that commenced operation on or after January 1, 1996, and before January 1, 1997, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1996; or

3. For units that commence operation on or after January 1, 1997, (i) the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during any year or (ii) the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50% of the annual heat input on a Btu basis during any year, provided that the unit shall be "fossil fuel-fired" as of the date, during such year, on which the unit begins combusting fossil fuel.

"Generator" means a device that produces electricity.

"Heat input" means the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) and the fuel feed rate into a combustion device (in mass of fuel/time), as measured, recorded, and reported to the administrator by the NOx authorized account representative and as determined by the administrator in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.

"Implementation plan" means the portion or portions of the state implementation plan, or the most recent revision thereof, that has been approved in Subpart VV of 40 CFR Part 52 by the administrator under § 110 of the CAA, or promulgated under § 110(c) of the CAA, or promulgated or approved pursuant to regulations promulgated under § 301(d) of the CAA and that implements the relevant requirements of the CAA.

"Life-of-the-unit, firm power contractual arrangement" means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit and pays its proportional amount of such unit's total costs, pursuant to a contract:

1. For the life of the unit;

2. For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or

3. For a period equal to or greater than 25 years or 70% of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

"Maximum design heat input" means the ability of a unit to combust a stated maximum amount of fuel per hour on a steady state basis, as determined by the physical design and physical characteristics of the unit.

"Maximum potential hourly heat input" means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use Appendix D of 40 CFR Part 75 to report heat input, this value should be calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported, in accordance with 40 CFR Part 75, using the maximum potential flow rate and either the maximum carbon dioxide concentration (in percent CO2) or the minimum oxygen concentration (in percent O2).

"Maximum potential NOx emission rate" means the emission rate of nitrogen oxides (in lb/mmBtu) calculated in accordance with section 3 of Appendix F of 40 CFR Part 75, using the maximum potential nitrogen oxides concentration as defined in section 2 of Appendix A of 40 CFR Part 75, and either the maximum oxygen concentration (in percent O2) or the minimum carbon dioxide concentration (in percent CO2), under all operating conditions of the unit except for unit start up, shutdown, and upsets.

"Maximum rated hourly heat input" means a unit-specific maximum hourly heat input (mmBtu) that is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input.

"Monitoring system" means any monitoring system that meets the requirements of Article 8 (9VAC5-140-700 et seq.) of this part, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system.

"Nameplate capacity" means the maximum electrical generating output (in MWe) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the U.S. Department of Energy standards.

"NOx authorized account representative" means, for a NOx Budget source or NOx Budget unit at the source, the natural person who is authorized by the owners and operators of the source and all NOx Budget units at the source, in accordance with Article 2 (9VAC5-140-100 et seq.) of this part, to represent and legally bind each owner and operator in matters pertaining to the NOx Budget Program.

"NOx Budget permit" means the legally binding and federally enforceable written document, or portion of such document, issued by the permitting authority under this part, including any permit revisions, specifying the NOx Budget Program requirements applicable to a NOx Budget source, to each NOx Budget unit at the NOx Budget source, and to the owners and operators and the NOx authorized account representative of the NOx Budget source and each NOx Budget unit.

"NOx Budget source" means a source that includes one or more NOx Budget units.

"NOx Budget Program" means a program established in accordance with this part and approved and administered by the administrator pursuant to 40 CFR 51.121 or established by the administrator pursuant to 40 CFR 52.34.

"NOx Budget unit" means a unit that is subject to the NOx Budget program under 9VAC5-140-40.

"Operator" means any person who operates, controls, or supervises a NOx Budget unit or a NOx Budget source and shall include any holding company, utility system, or plant manager of such a unit or source.

"Owner" means any of the following persons:

1. Any holder of any portion of the legal or equitable title in a NOx Budget unit;

2. Any holder of a leasehold interest in a NOx Budget unit; or

3. Any purchaser of power from a NOx Budget unit under a life-of-the-unit, firm power contractual arrangement. However, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the NOx Budget unit.

"Permitting authority" means the State Air Pollution Control Board.

"Receive" or "receipt of" means, when referring to the permitting authority or the administrator, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the permitting authority or the administrator in the regular course of business.

"Reference method" means any direct test method of sampling and analyzing for an air pollutant as specified in Appendix A of 40 CFR Part 60.

"Source" means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any regulated air pollutant under the CAA. For purposes of § 502(c) of the CAA, a "source," including a "source" with multiple units, shall be considered a single "facility."

"State" means the Commonwealth of Virginia. The term "state" shall have its conventional meaning where such meaning is clear from the context.

"State operating permit" means a permit issued under Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5 Chapter 80.

"State operating permit regulations" means the regulations codified in Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5 Chapter 80.

"Submit" or "serve" means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

1. In person;

2. By United States Postal Service; or

3. By other means of dispatch or transmission and delivery. Compliance with any "submission," "service," or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

"Title V operating permit" means a permit issued under Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80.

"Title V operating permit regulations" means the regulations codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of Part II of 9VAC5 Chapter 80.

"Ton" or "tonnage" means any "short ton" (i.e., 2,000 pounds). Total tons for a control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons.

"Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.

"Unit operating day" means a calendar day in which a unit combusts any fuel.

"Unit operating hour" or "hour of unit operation" means any hour (or fraction of an hour) during which a unit combusts any fuel.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-30. Measurements, abbreviations, and acronyms.

Measurements, abbreviations, and acronyms used in this part are defined as follows:

Btu-British thermal unit.

hr-hour.

lb-pounds.

mmBtu-million Btu.

MWe-megawatt electrical.

ton-2000 pounds.

CO2-carbon dioxide.

NOx-nitrogen oxides.

O2-oxygen.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-35. Federal regulations incorporated by reference.

A. The U.S. Environmental Protection Agency regulations cited in this part are, unless indicated otherwise, incorporated by reference into this part as amended by the word or phrase substitutions given in subsection B of this section. The complete text of the federal regulations incorporated in Part I of this chapter by reference is contained in 40 CFR Part 75. The 40 CFR part and section numbers appearing throughout this part identify the specific provisions of the federal regulations incorporated by reference. The specific version of the federal regulations adopted by reference shall be that contained in the CFR (2016) in effect July 1, 2016. Reference to the various provisions of the Code of Federal Regulations are structured as in the following example: 40 CFR Part 75 means Part 75 of Title 40 of the Code of Federal Regulations; 40 CFR 75.1 means Section 75.1 in Part 75 of Title 40 of the Code of Federal Regulations.

B. In all of the federal regulations incorporated by reference substitute:

1. "Board" for "administrator."

2. "Board" for "U.S. Environmental Protection Agency" (except in references).

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-40. Applicability.

Except as provided in subdivision 3 of this section, the following units shall be NOx Budget units, and any source that includes one or more such units shall be a NOx Budget source, subject to the requirements of this part:

1. a. For units that commenced operation before January 1, 1997, a unit serving during 1995 or 1996 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid.

b. For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit serving during 1997 or 1998 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid.

c. For units that commence operation on or after January 1, 1999, a unit serving at any time a generator that has a nameplate capacity greater than 25 MWe and produces electricity for sale.

2. For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1995 or 1996 a generator producing electricity for sale under a firm contract to the electric grid.

3. For units covered by the Cross-State Air Pollution Rule (40 CFR Parts 52, 78, and 97), an exemption to this chapter shall apply.

4. For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1997 or 1998 a generator producing electricity for sale under a firm contract to the electric grid.

5. For units that commence operation on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr that at no time serves a generator producing electricity for sale

.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-50. Retired unit exemption.

A. This section applies to any NOx Budget unit that is permanently retired.

B. 1. Any NOx Budget unit that is permanently retired shall be exempt from the NOx Budget Program, except for the provisions of this section, 9VAC5-140-20, 9VAC5-140-30, 9VAC5-140-40, and 9VAC5-140-70.

2. The exemption under subdivision 1 of this subsection shall become effective the day on which the unit is permanently retired. Within 30 days of permanent retirement, the NOx authorized account representative (authorized in accordance with Article 2 (9VAC5-140-100 et seq.) of this part) shall submit a statement to the permitting authority otherwise responsible for administering any NOx Budget permit for the unit. A copy of the statement shall be submitted to the administrator. The statement shall state (in a format prescribed by the permitting authority) that the unit is permanently retired and will comply with the requirements of subsection C of this section.

3. After receipt of the notice under subdivision 2 of this subsection, the permitting authority will amend any permit covering the source at which the unit is located to add the provisions and requirements of the exemption under subdivision 1 of this subsection and subsection C of this section.

C. 1. A unit exempt under this section shall not emit any nitrogen oxides, starting on the date that the exemption takes effect.

2. a. A unit exempt under this section and located at a source that is required, or but for this exemption would be required, to have a Title V operating permit shall not resume operation unless the NOx authorized account representative of the source submits a complete NOx Budget permit application under 9VAC5-140-220 for the unit not less than 18 months (or such lesser time provided by the permitting authority) prior to the date on which the unit is to first resume operation.

b. A unit exempt under this section and located at a source that is required, or but for this exemption would be required, to have a state operating permit shall not resume operation unless the NOx authorized account representative of the source submits a complete NOx Budget permit application under 9VAC5-140-220 for the unit not less than 18 months (or such lesser time provided by the permitting authority) prior to the date on which the unit is to first resume operation.

3. The owners and operators and, to the extent applicable, the NOx authorized account representative of a unit exempt under this section shall comply with the requirements of the NOx Budget Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.

4. For a period of five years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit, records demonstrating that the unit is permanently retired. The five-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the permitting authority or the administrator. The owners and operators bear the burden of proof that the unit is permanently retired.

a. On the earlier of the following dates, a unit exempt under subsection B of this section shall lose its exemption:

(1) The date on which the NOx authorized account representative submits a NOx Budget permit application under subdivision 2 of this subsection;

(2) The date on which the NOx authorized account representative is required under subdivision 2 of this subsection to submit a NOx Budget permit application; or

(3) The date on which the unit resumes operation, if the unit is not required to submit a NOx Budget permit application.

b. For the purpose of applying monitoring requirements under Article 8 (9VAC5-140-700 et seq.) of this part, a unit that loses its exemption under this section shall be treated as a unit that commences operation or commercial operation on the first date on which the unit resumes operation.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-60. Standard requirements.

A. The following requirements concerning permits shall apply:

1. The NOx authorized account representative of each NOx Budget source required to have a federally enforceable permit and each NOx Budget unit required to have a federally enforceable permit at the source shall:

a. Submit to the permitting authority a complete NOx Budget permit application under 9VAC5-140-220 in accordance with the deadlines specified in 9VAC5-140-210 B and C;

b. Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a NOx Budget permit application and issue or deny a NOx Budget permit.

2. The owners and operators of each NOx Budget source required to have a federally enforceable permit and each NOx Budget unit required to have a federally enforceable permit at the source shall have a NOx Budget permit issued by the permitting authority and operate the unit in compliance with such NOx Budget permit.

3. The owners and operators of a NOx Budget source that is not otherwise required to have a federally enforceable permit are not required to submit a NOx Budget permit application, and to have a NOx Budget permit, under Article 3 (9VAC5-140-200 et seq.) of this part for such NOx Budget source.

B. The following requirements concerning monitoring shall apply:

1. The owners and operators and, to the extent applicable, the NOx authorized account representative of each NOx Budget source and each NOx Budget unit at the source, shall comply with the monitoring requirements of Article 8 (9VAC5-140-700 et seq.) of this part.

2. The emissions measurements recorded and reported in accordance with Article 8 (9VAC5-140-700 et seq.) of this part shall be used to determine compliance by the unit.

C. The following requirements concerning recordkeeping and reporting shall apply:

1. Unless otherwise provided, the owners and operators of the NOx Budget source and each NOx Budget unit at the source shall keep on site at the source each of the following documents for a period of five years from the date the document is created. This period may be extended for cause, at any time prior to the end of five years, in writing by the permitting authority or the administrator.

a. The account certificate of representation for the NOx authorized account representative for the source and each NOx Budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with 9VAC5-140-130; provided that the certificate and documents shall be retained on site at the source beyond such five-year period until such documents are superseded because of the submission of a new account certificate of representation changing the NOx authorized account representative.

b. All emissions monitoring information, in accordance with Article 8 (9VAC5-140-700 et seq.) of this part; provided that to the extent that Article 8 (9VAC5-140-700 et seq.) of this part provides for a three-year period for recordkeeping, the three-year period shall apply.

c. Copies of all reports, compliance certifications, and other submissions and all records made or required under the NOx Budget Program.

d. Copies of all documents used to complete a NOx Budget permit application and any other submission under the NOx Budget Program or to demonstrate compliance with the requirements of the NOx Budget Program.

2. The NOx authorized account representative of a NOx Budget source and each NOx Budget unit at the source shall submit the reports and compliance certifications required under the NOx Budget Program, including those under Article 8 (9VAC5-140-700 et seq.) of this part.

D. The following requirements concerning liability shall apply:

1. Any person who knowingly violates any requirement or prohibition of the NOx Budget Program, a NOx Budget permit, or an exemption under 9VAC5-140-50 shall be subject to enforcement pursuant to the Air Pollution Control Law of Virginia or applicable federal law.

2. Any person who knowingly makes a false material statement in any record, submission, or report under the NOx Budget Program shall be subject to criminal enforcement pursuant to the Air Pollution Control Law of Virginia or applicable federal law.

3. No permit revision shall excuse any violation of the requirements of the NOx Budget Program that occurs prior to the date that the revision takes effect.

4. Each NOx Budget source and each NOx Budget unit shall meet the requirements of the NOx Budget Program.

5. Any provision of the NOx Budget Program that applies to a NOx Budget source (including a provision applicable to the NOx authorized account representative of a NOx Budget source) shall also apply to the owners and operators of such source and of the NOx Budget units at the source.

6. Any provision of the NOx Budget Program that applies to a NOx Budget unit (including a provision applicable to the NOx authorized account representative of a NOx Budget unit) shall also apply to the owners and operators of such unit. Except with regard to the requirements applicable to units with a common stack under Article 8 (9VAC5-140-700 et seq.) of this part, the owners and operators and the NOx authorized account representative of one NOx Budget unit shall not be liable for any violation by any other NOx Budget unit of which they are not owners or operators or the NOx authorized account representative and that is located at a source of which they are not owners or operators or the NOx authorized account representative.

E. No provision of the NOx Budget Program, a NOx Budget permit application, a NOx Budget permit, or an exemption under 9VAC5-140-50 shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the NOx authorized account representative of a NOx Budget source or NOx Budget unit from compliance with any other provision of the applicable implementation plan, a federally enforceable permit, or the CAA.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-70. Computation of time.

A. Unless otherwise stated, any time period scheduled under the NOx Budget Trading Program to begin on the occurrence of an act or event shall begin on the day the act or event occurs.

B. Unless otherwise stated, any time period scheduled under the NOx Budget Trading Program to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.

C. Unless otherwise stated, if the final day of any time period under the NOx Budget Trading Program falls on a weekend or a state or federal holiday, the time period shall be extended to the next business day.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

9VAC5-140-80. [Reserved]

9VAC5-140-90. [Reserved]

Article 2
NOX Authorized Account Representative for NOX Budget Sources

9VAC5-140-100. Authorization and responsibilities of the NOx authorized account representative.

A. Except as provided under 9VAC5-140-110, each NOx Budget source, including all NOx Budget units at the source, shall have one and only one NOx authorized account representative with regard to all matters under the NOx Budget Program concerning the source or any NOx Budget unit at the source.

B. The NOx authorized account representative of the NOx Budget source shall be selected by an agreement binding on the owners and operators of the source and all NOx Budget units at the source.

C. Upon receipt by the administrator of a complete account certificate of representation under 9VAC5-140-130, the NOx authorized account representative of the source shall represent and, by his representations, actions, inactions, or submissions, legally bind each owner and operator of the NOx Budget source represented and each NOx Budget unit at the source in all matters pertaining to the NOx Budget Program, notwithstanding any agreement between the NOx authorized account representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the NOx authorized account representative by the permitting authority, the administrator, or a court regarding the source or unit.

D. No NOx Budget permit shall be issued for a NOx Budget unit at a source until the administrator has received a complete account certificate of representation under 9VAC5-140-130 for a NOx authorized account representative of the source and the NOx Budget units at the source.

E. 1. Each submission under the NOx Budget Program shall be submitted, signed, and certified by the NOx authorized account representative for each NOx Budget source on behalf of which the submission is made. Each such submission shall include the following certification statement by the NOx authorized account representative: "I am authorized to make this submission on behalf of the owners and operators of the NOx Budget sources or NOx Budget units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."

2. The permitting authority and the administrator will accept or act on a submission made on behalf of owner or operators of a NOx Budget source or a NOx Budget unit only if the submission has been made, signed, and certified in accordance with subdivision 1 of this subsection.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-110. Alternate NOx authorized account representative.

A. An account certificate of representation may designate one and only one alternate NOx authorized account representative who may act on behalf of the NOx authorized account representative. The agreement by which the alternate NOx authorized account representative is selected shall include a procedure for authorizing the alternate NOx authorized account representative to act in lieu of the NOx authorized account representative.

B. Upon receipt by the administrator of a complete account certificate of representation under 9VAC5-140-130, any representation, action, inaction, or submission by the alternate NOx authorized account representative shall be deemed to be a representation, action, inaction, or submission by the NOx authorized account representative.

C. Except in this section and 9VAC5-140-100 A, 9VAC5-140-120, and 9VAC5-140-130, whenever the term "NOx authorized account representative" is used in this part, the term shall be construed to include the alternate NOx authorized account representative.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-120. Changing the NOx authorized account representative and the alternate NOx authorized account representative; changes in the owners and operators.

A. The NOx authorized account representative may be changed at any time upon receipt by the administrator of a superseding complete account certificate of representation under 9VAC5-140-130. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous NOx authorized account representative prior to the time and date when the administrator receives the superseding account certificate of representation shall be binding on the new NOx authorized account representative and the owners and operators of the NOx Budget source and the NOx Budget units at the source.

B. The alternate NOx authorized account representative may be changed at any time upon receipt by the administrator of a superseding complete account certificate of representation under 9VAC5-140-130. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate NOx authorized account representative prior to the time and date when the administrator receives the superseding account certificate of representation shall be binding on the new alternate NOx authorized account representative and the owners and operators of the NOx Budget source and the NOx Budget units at the source.

C. 1. In the event a new owner or operator of a NOx Budget source or a NOx Budget unit is not included in the list of owners and operators submitted in the account certificate of representation, such new owner or operator shall be deemed to be subject to and bound by the account certificate of representation, the representations, actions, inactions, and submissions of the NOx authorized account representative and any alternate NOx authorized account representative of the source or unit, and the decisions, orders, actions, and inactions of the permitting authority or the administrator, as if the new owner or operator were included in such list.

2. Within 30 days following any change in the owners and operators of a NOx Budget source or a NOx Budget unit, including the addition of a new owner or operator, the NOx authorized account representative or alternate NOx authorized account representative shall submit a revision to the account certificate of representation amending the list of owners and operators to include the change.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

9VAC5-140-130. Account certificate of representation.

A. A complete account certificate of representation for a NOx authorized account representative or an alternate NOx authorized account representative shall include the following elements in a format prescribed by the administrator:

1. Identification of the NOx Budget source and each NOx Budget unit at the source for which the account certificate of representation is submitted.

2. The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NOx authorized account representative and any alternate NOx authorized account representative.

3. A list of the owners and operators of the NOx Budget source and of each NOx Budget unit at the source.

4. The following certification statement by the NOx authorized account representative and any alternate NOx authorized account representative: "I certify that I was selected as the NOx authorized account representative or alternate NOx authorized account representative, as applicable, by an agreement binding on the owners and operators of the NOx Budget source and each NOx Budget unit at the source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the NOx Budget Program on behalf of the owners and operators of the NOx Budget source and of each NOx Budget unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the permitting authority, the administrator, or a court regarding the source or unit."

5. The signature of the NOx authorized account representative and any alternate NOx authorized account representative and the dates signed.

B. Unless otherwise required by the permitting authority or the administrator, documents of agreement referred to in the account certificate of representation shall not be submitted to the permitting authority or the administrator. Neither the permitting authority nor the administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-140. Objections concerning the NOx authorized account representative.

A. Once a complete account certificate of representation under 9VAC5-140-130 has been submitted and received, the permitting authority and the administrator shall rely on the account certificate of representation unless and until a superseding complete account certificate of representation under 9VAC5-140-130 is received by the administrator.

B. Except as provided in 9VAC5-140-120 A or B, no objection or other communication submitted to the permitting authority or the administrator concerning the authorization, or any representation, action, inaction, or submission of the NOx authorized account representative shall affect any representation, action, inaction, or submission of the NOx authorized account representative or the finality of any decision or order by the permitting authority or the administrator under the NOx Budget Program.

C. Neither the permitting authority nor the administrator shall adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any NOx authorized account representative, including private legal disputes concerning the proceeds of NOx allowance transfers.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-150 to 9VAC5-140-190. [Reserved]

Article 3
Permits

9VAC5-140-200. General NOx Budget program permit requirements.

A. For each NOx Budget source required to have a federally enforceable permit, such permit shall include a NOx Budget permit administered by the permitting authority.

1. For NOx Budget sources required to have a Title V operating permit, the NOx Budget portion of the Title V permit shall be administered in accordance with the permitting authority's Title V operating permits regulations.

2. For NOx Budget sources required to have a state operating permit, the NOx Budget portion of the state operating permit shall be administered in accordance with the permitting authority's regulations promulgated to administer state operating permits.

B. Each NOx Budget permit (including a draft or proposed NOx Budget permit, if applicable) shall contain all applicable NOx Budget program requirements and shall be a complete and segregable portion of the permit under subsection A of this section.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-210. Submission of NOx Budget permit applications.

A. The NOx authorized account representative of any NOx Budget source required to have a federally enforceable permit shall submit to the permitting authority a complete NOx Budget permit application under 9VAC5-140-220 by the applicable deadline in subsection B of this section.

B. 1. The following requirements shall apply to NOx Budget sources required to have a Title V operating permit:

a. For any source with one or more NOx Budget units under 9VAC5-140-40 that commenced operation before January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget units to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before May 31, 2004.

b. For any source with any NOx Budget unit under 9VAC5-140-40 that commences operation on or after January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget unit to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before the later of May 31, 2004, or the date on which the NOx Budget unit commences operation.

2. The following requirements shall apply to NOx Budget sources required to have a state operating permit:

a. For any source with one or more NOx Budget units under 9VAC5-140-40 that commenced operation before January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget units to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before May 31, 2004.

b. For any source with any NOx Budget unit under 9VAC5-140-40 that commences operation on or after January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget unit to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before the later of May 31, 2004, or the date on which the NOx Budget unit commences operation.

C. For a NOx Budget source required to have a Title V operating permit, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 for the NOx Budget source covering the NOx Budget units at the source in accordance with the permitting authority's Title V operating permits regulations addressing operating permit renewal.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002.

9VAC5-140-220. Information requirements for NOx Budget permit applications.

A complete NOx Budget permit application shall include the following elements concerning the NOx Budget source for which the application is submitted, in a format prescribed by the permitting authority:

1. Identification of the NOx Budget source, including plant name and the ORIS (Office of Regulatory Information Systems) or facility code assigned to the source by the Energy Information Administration, if applicable;

2. Identification of each NOx Budget unit at the NOx Budget source; and

3. The standard requirements under 9VAC5-140-60.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-230. NOx Budget permit contents.

A. Each NOx Budget permit (including any draft or proposed NOx Budget permit, if applicable) will contain all elements required for a complete NOx Budget permit application under 9VAC5-140-220.

B. Each NOx Budget permit is deemed to incorporate automatically the definitions of terms under 9VAC5-140-20.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-240. Effective date of initial NOx Budget permit.

The initial NOx Budget permit covering a NOx Budget unit for which a complete NOx Budget permit application is timely submitted under 9VAC5-140-210 B shall become effective by the later of:

1. May 31, 2004;

2. May 1 of the year in which the NOx Budget unit commences operation, if the unit commences operation on or before May 1 of that year;

3. The date on which the NOx Budget unit commences operation, if the unit commences operation during a control period; or

4. May 1 of the year following the year in which the NOx Budget unit commences operation, if the unit commences operation on or after October 1 of the year.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

9VAC5-140-250. NOx Budget permit revisions.

A. For a NOx Budget source with a Title V operating permit, except as provided in 9VAC5-140-230 B, the permitting authority will revise the NOx Budget permit, as necessary, in accordance with the permitting authority's Title V operating permit regulations addressing permit revisions.

B. For a NOx Budget source with a state operating permit, except as provided in 9VAC5-140-230 B, the permitting authority will revise the NOx Budget permit, as necessary, in accordance with the permitting authority's state operating permit regulations addressing permit revisions.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

9VAC5-140-260 to 9VAC5-140-290. [Reserved]

Article 4
(Repealed)

9VAC5-140-300. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-310. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-320 to 9VAC5-140-390. (Repealed.)

Historical Notes

Reserved, Virginia Register Volume 18, Issue 14, eff. July 17, 2002; repealed Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

Article 5
(Repealed)

9VAC5-140-400. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-410. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-420. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-430. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-440 to 9VAC5-140-490. (Repealed.)

Historical Notes

Reserved, Virginia Register Volume 18, Issue 14, eff. July 17, 2002; repealed Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

Article 6
(Repealed)

9VAC5-140-500. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-510. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-520. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-530. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-540. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-550. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 20, Issue 12, eff. March 24, 2004; Errata, 20:13 VA.R. 1643 March 8, 2004; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-560. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-570. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-580 to 9VAC5-140-590. (Repealed.)

Historical Notes

Reserved, Virginia Register Volume 18, Issue 14, eff. July 17, 2002; repealed Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

Article 7
(Repealed)

9VAC5-140-600. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-610. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-620. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-630 to 9VAC5-140-690. (Repealed.)

Historical Notes

Reserved, Virginia Register Volume 18, Issue 14, eff. July 17, 2002; repealed Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

Article 8
Monitoring and Reporting

9VAC5-140-700. General requirements.

A. The owners and operators, and to the extent applicable, the NOx authorized account representative of a NOx Budget unit shall comply with the monitoring and reporting requirements as provided in this article and in Subpart H of 40 CFR Part 75. For purposes of complying with such requirements, the definitions in 9VAC5-140-20 and in 40 CFR 72.2 shall apply, and the terms "affected unit," "designated representative," and "continuous emission monitoring system" (or "CEMS") in 40 CFR Part 75 shall be replaced by the terms "NOx Budget unit," "NOx authorized account representative," and "continuous emission monitoring system" (or "CEMS"), respectively, as defined in 9VAC5-140-20.

B. The owner or operator of each NOx Budget unit shall meet the following requirements:

1. Install all monitoring systems required under this article for monitoring NOx mass. This includes all systems required to monitor NOx emission rate, NOx concentration, heat input, and flow, in accordance with 40 CFR 75.71 and 40 CFR 75.72.

2. Install all monitoring systems for monitoring heat input.

3. Successfully complete all certification tests required under 9VAC5-140-710 and meet all other provisions of this article and 40 CFR Part 75 applicable to the monitoring systems under subdivisions 1 and 2 of this subsection.

4. Record and report data from the monitoring systems under subdivisions 1 and 2 of this subsection.

C. The owner or operator shall meet the requirements of subdivisions B 1, B 2, and B 3 of this section on or before the following dates and shall record and report data on and after the following dates:

1. NOx Budget units under 9VAC5-140-40 that commence operation before January 1, 2003, shall comply with the requirements of this article by May 1, 2003.

2. NOx Budget units under 9VAC5-140-40 that commence operation on or after January 1, 2003, and that report on an annual basis under 9VAC5-140-740 D shall comply with the requirements of this article by the later of the following dates:

a. May 1, 2003; or

b. The earlier of:

(1) 180 days after the date on which the unit commences operation; or

(2) For units under subdivision 1 of 9VAC5-140-40, 90 days after the date on which the unit commences commercial operation.

3. NOx Budget units under 9VAC5-140-40 that commence operation on or after January 1, 2003, and that report on a control period basis under 9VAC5-140-740 D shall comply with the requirements of this article by the later of the following dates:

a. The earlier of:

(1) 180 days after the date on which the unit commences operation; or

(2) For units under subdivision 1 of 9VAC5-140-40, 90 days after the date on which the unit commences commercial operation.

b. However, if the applicable deadline under subdivision 3 a of this subsection does not occur during a control period, May 1; immediately following the date determined in accordance with subdivision 3 a of this subsection.

4. For a NOx Budget unit with a new stack or flue for which construction is completed after the applicable deadline under subdivision 1, 2, or 3 of this subsection:

a. 90 days after the date on which emissions first exit to the atmosphere through the new stack or flue;

b. However, if the unit reports on a control period basis under 9VAC5-140-740 D and the applicable deadline under subdivision 4 a of this subsection does not occur during the control period, May 1 immediately following the applicable deadline in subdivision 4 a of this subsection.

D. The owner or operator of a NOx Budget unit under subdivision C 2, C 3, or C 4 of this section shall determine, record, and report NOx mass emissions, heat input rate, and any other values required to determine NOx mass emissions (e.g., NOx emission rate and heat input rate, or NOx concentration and stack flow rate) in accordance with 40 CFR 75.70(g), from the date and hour that the unit starts operating until the date and hour on which the continuous emission monitoring system, excepted monitoring system under Appendix D or E of 40 CFR Part 75, or excepted monitoring methodology under 40 CFR 75.19 is provisionally certified.

E. 1. No owner or operator of a NOx Budget unit or a non-NOx Budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emission monitoring system without having obtained prior written approval in accordance with 9VAC5-140-750.

2. No owner or operator of a NOX Budget unit or a non-NOx Budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall operate the unit so as to discharge, or allow to be discharged, NOx emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this article and 40 CFR Part 75 except as provided for in 40 CFR 75.74.

3. No owner or operator of a NOx Budget unit or a non-NOx Budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NOx mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this article and 40 CFR Part 75 except as provided for in 40 CFR 75.74.

4. No owner or operator of a NOx Budget unit or a non-NOx Budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved emission monitoring system under this article, except under any one of the following circumstances:

a. During the period that the unit is covered by a retired unit exemption under 9VAC5-140-50 that is in effect;

b. The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this article and 40 CFR Part 75, by the permitting authority for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or

c. The NOx authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with 9VAC5-140-710 A 2.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.) 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-710. Initial certification and recertification procedures.

A. The owner or operator of a NOx Budget unit shall comply with the following initial certification and recertification procedures, except that the owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under 40 CFR 75.19 shall also meet the requirements of subsection C of this section and the owner or operator of a unit that qualifies to use an alternative monitoring system under Subpart E of 40 CFR Part 75 shall also meet the requirements of subsection D of this section.

1. The owner or operator shall ensure that each emission monitoring system required by Subpart H of 40 CFR Part 75 (that includes the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR 75.20. The owner or operator shall ensure that all applicable certification tests are successfully completed by the deadlines specified in 9VAC5-140-700 C. In addition, whenever the owner or operator installs a monitoring system in order to meet the requirements of this part in a location where no such emission monitoring system was previously installed, initial certification according to 40 CFR 75.20 is required.

2. Whenever the owner or operator makes a replacement, modification, or change in a certified emission monitoring system that may significantly affect the ability of the system to accurately measure or record NOx mass emissions or heat input rate or to meet the requirements of 40 CFR 75.21 or Appendix B to 40 CFR Part 75, the owner or operator shall recertify the emission monitoring system according to 40 CFR 75.20(b). Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 CFR 75.20(b). Examples of changes that require recertification include: replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site.

3. a. The NOx authorized account representative shall submit to the permitting authority, the EPA Region III Office and the administrator a written notice of the dates of certification in accordance with 9VAC5-140-730.

b. The NOx authorized account representative shall submit to the permitting authority a certification application for each emission monitoring system required under Subpart H of 40 CFR Part 75. A complete certification application shall include the information specified in Subpart H of 40 CFR Part 75.

c. Except for units using the low mass emission excepted methodology under 40 CFR 75.19, the provisional certification date for a monitor shall be determined using the procedures set forth in 40 CFR 75.20(a)(3). A provisionally certified monitor may be used under the NOx Budget Program for a period not to exceed 120 days after receipt by the permitting authority of the complete certification application for the monitoring system under subdivision 3 b of this subsection. Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of 40 CFR Part 75, shall be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the permitting authority does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of receipt of the complete certification application by the permitting authority.

d. The permitting authority shall issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under subdivision 3 b of this subsection. In the event the permitting authority does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of 40 CFR Part 75 and is included in the certification application will be deemed certified for use under the NOx Budget Program.

(1) If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR Part 75, then the permitting authority will issue a written notice of approval of the certification application within 120 days of receipt.

(2) A certification application will be considered complete when all of the applicable information required to be submitted under subdivision 3 b of this subsection has been received by the permitting authority. If the certification application is not complete, then the permitting authority will issue a written notice of incompleteness that sets a reasonable date by which the NOx authorized account representative shall submit the additional information required to complete the certification application. If the NOx authorized account representative does not comply with the notice of incompleteness by the specified date, then the permitting authority may issue a notice of disapproval under subdivision 3 d (3) of this subsection.

(3) If the certification application shows that any monitoring system does not meet the performance requirements of this part, or if the certification application is incomplete and the requirement for disapproval under subdivision 3 d (2) of this subsection has been met, the permitting authority will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the permitting authority and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in subdivision 3 e of this subsection for each monitoring system that is disapproved for initial certification.

(4) The permitting authority may issue a notice of disapproval of the certification status of a monitor in accordance with 9VAC5-140-720 B.

e. If the permitting authority issues a notice of disapproval of a certification application under subdivision 3 d (3) of this subsection or a notice of disapproval of certification status under subdivision 3 d (4) of this subsection, then:

(1) The owner or operator shall substitute the following values, for each hour of unit operation during the period of invalid data specified under 40 CFR 75.20(a)(4)(iii), 40 CFR 75.20(b)(5), 40 CFR 75.20(h)(4), or 40 CFR 75.21(e) and continuing until the date and hour specified under 40 CFR 75.20(a)(5)(i):

(a) For units using or intending to monitor for NOx emission rate and heat input or for units using the low mass emission excepted methodology under 40 CFR 75.19, the maximum potential NOx emission rate and the maximum potential hourly heat input of the unit.

(b) For units intending to monitor for NOx mass emissions using a NOx pollutant concentration monitor and a flow monitor, the maximum potential concentration of NOx and the maximum potential flow rate of the unit under section 2.1 of Appendix A of 40 CFR Part 75;

(2) The NOx authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subdivisions 3 a and b of this subsection; and

(3) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

B. The owner or operator of a gas-fired or oil-fired unit using the low mass emissions excepted methodology under 40 CFR 75.19 shall meet the applicable general operating requirements of 40 CFR 75.10 and the applicable requirements of 40 CFR 75.19. The owner or operator of such a unit shall also meet the applicable certification and recertification procedures of subsection A of this section, except that the excepted methodology shall be deemed provisionally certified for use under the NOx Budget Program as of the date on which the certification application is received by the administrator. The methodology shall be considered to be certified either upon receipt of a written notice of approval from the administrator or, if such notice is not provided, at the end of the administrator's 120-day review period. However, a provisionally certified or certified low mass emissions excepted methodology shall not be used to report data under the NOx Budget Program prior to the applicable commencement date specified in 40 CFR 75.19(a)(1)(ii).

C. The NOx authorized account representative representing the owner or operator of each unit applying to monitor using an alternative monitoring system approved by the administrator and, if applicable, the permitting authority under Subpart E of 40 CFR Part 75 shall apply for certification to the permitting authority prior to use of the system under the NOx Budget Program. The NOx authorized account representative shall apply for recertification following a replacement, modification or change according to the procedures in subsection A of this section. The owner or operator of an alternative monitoring system shall comply with the notification and application requirements for certification according to the procedures specified in subdivision A 3 of this section and 40 CFR 75.20(f).

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.) 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-720. Out of control periods.

A. Whenever any emission monitoring system fails to meet the quality assurance requirements of Appendix B of 40 CFR Part 75, data shall be substituted using the applicable procedures in Subpart D, Subpart H, Appendix D, or Appendix E of 40 CFR Part 75.

B. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under 9VAC5-140-710 or the applicable provisions of 40 CFR Part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the permitting authority will issue a notice of disapproval of the certification status of such system. For the purposes of this subsection an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the administrator. By issuing the notice of disapproval, the permitting authority revokes prospectively the certification status of the system. The data measured and recorded by the system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests. The owner or operator shall follow the initial certification or recertification procedures in 9VAC5-140-710 for each disapproved system.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

9VAC5-140-730. Notifications.

The NOx authorized account representative for a NOx Budget unit shall submit written notice to the permitting authority and the administrator in accordance with 40 CFR 75.61.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.) 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-740. Recordkeeping and reporting.

A. The NOx authorized account representative shall comply with all recordkeeping and reporting requirements in this section, with the recordkeeping and reporting requirements under 40 CFR 75.73, and with the requirements of 9VAC5-140-100 E 1.

B. The owner or operator of a unit shall comply with requirements of 40 CFR 75.62, except that the monitoring plan is only required to include the information required by Subpart H of 40 CFR Part 75.

C. The NOx authorized account representative shall submit an application to the permitting authority within 45 days after completing all initial certification or recertification tests required under 9VAC5-140-710 including the information required under Subpart H of 40 CFR Part 75.

D. The NOx authorized account representative shall submit quarterly reports, as follows:

1. If the owner or operator of the NOx Budget unit chooses to meet the annual reporting requirements of this article, the NOx authorized account representative shall submit a quarterly report, documenting the NOx mass emissions from the unit, for each calendar quarter beginning with:

a. For a unit that commences operation before January 1, 2003, the calendar quarter covering May 1, 2003, through June 30, 2003. NOx mass emission data shall be recorded and reported from the first hour on May 1, 2003; or

b. For a unit that commences operation on or after January 1, 2003:

(1) The calendar quarter in which the unit commences operation, if unit operation commences during a control period. NOx mass emission data shall be recorded and reported from the date and hour when the unit commences operation; or

(2) The calendar quarter that includes May 1 through June 30 of the first control period following the date on which the unit commences operation if the unit does not commence operation during a control period. NOx mass emission data shall be recorded and reported from the first hour on May 1 of that control period.

2. The NOx authorized account representative shall either:

a. Meet all of the requirements of 40 CFR Part 75 related to monitoring and reporting NOx mass emissions during the entire year and meet the reporting deadlines specified in subdivision 1 of this subsection; or

b. Submit quarterly reports, documenting NOx mass emissions from the unit, only for the period from May 1 through September 30 of each year and including the data described in 40 CFR 75.74 (c)(6). The NOx authorized account representative shall submit such quarterly reports, beginning with:

(1) For a unit that commences operation before January 1, 2003, the calendar quarter covering May 1 through June 30, 2003. NOx mass emission data shall be recorded and reported from the first hour of May 1, 2003;

(2) For a unit that commences operation on or after January 1, 2003, and during a control period, the calendar quarter in which the unit commences operation. NOx mass emission data shall be reported from the date and hour corresponding to when the unit commences operation; or

(3) For a unit that commences operation on or after January 1, 2003, and not during a control period, the calendar quarter that includes May 1 through June 30 of the first control period after the unit commences operation. NOx mass emission data shall be recorded and reported from the first hour on May 1 of the first control period after the unit commences operation.

3. The NOx authorized account representative shall submit each quarterly report to the administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in Subpart H of 40 CFR Part 75 and 40 CFR 75.64. Quarterly reports are only required to include all of the data and information required in Subpart H of 40 CFR Part 75 for each NOx Budget unit (or group of units using a common stack).

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.) 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-750. Petitions.

The NOx authorized account representative of a NOx Budget unit may submit a petition under 40 CFR 75.66 to the permitting authority and the administrator requesting approval to apply an alternative to any requirement of this article.

Application of an alternative to any requirement of this article is in accordance with this article only to the extent the petition is approved by the permitting authority and the administrator.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.) 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-760. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-770 to 9VAC5-140-790. [Reserved]

Article 9
(Repealed)

9VAC5-140-800. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-810. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-820. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-830. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-840. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-850. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-860. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-870. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-880. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-890. (Repealed.)

Historical Note

Reserved, Virginia Register Volume 18, Issue 14, eff. July 17, 2002; repealed Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

Article 10
(Repealed)

9VAC5-140-900. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 25, Issue 6, eff. December 31, 2008; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-910. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-920. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 25, Issue 6, eff. December 31, 2008; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-930. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 25, Issue 6, eff. December 31, 2008; repealed, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-1010. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; amended, Volume 25, Issue 12, eff. March 18, 2009; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1020. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; amended, Virginia Register Volume 25, Issue 12, eff. March 18, 2009; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1030. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1040. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1050. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1060. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; amended, Virginia Register Volume 25, Issue 12, eff. March 18, 2009; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1061. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. December 26, 2007; repealed, Virginia Register Volume 26, Issue 23, eff. August 18, 2010.

9VAC5-140-1062. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. December 26, 2007; repealed, Virginia Register Volume 26, Issue 23, eff. August 18, 2010.

9VAC5-140-1070. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1080. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1100. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1110. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1120. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1130. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1140. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1200. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1210. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1220. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1230. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1240. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1300. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1400. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1410. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1420. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; Errata, 23:16 VA.R. 2673-2674 April 16, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1430. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1500. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1510. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1520. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1530. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1540. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1550. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1560. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1570. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1600. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1610. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1620. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1700. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1710. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1720. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1730. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1740. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1750. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1800. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1810. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1820. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1830. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1840. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1850. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1860. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1870. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-1880. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2010. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; amended, Virginia Register Volume 25, Issue 12, eff. March 18, 2009; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2020. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; amended, Virginia Register Volume 25, Issue 12, eff. March 18, 2009; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2030. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2040. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2050. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2060. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2061. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. December 26, 2007; repealed, Virginia Register Volume 26, Issue 23, eff. August 18, 2010.

9VAC5-140-2062. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. December 26, 2007; repealed, Virginia Register Volume 26, Issue 23, eff. August 18, 2010.

9VAC5-140-2070. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2080. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2100. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2110. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2120. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2130. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2140. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2200. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2210. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2220. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2230. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2240. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2300. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2400. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2405. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2410. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2420. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2430. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2500. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2510. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2520. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2530. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2540. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2550. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2560. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2570. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2600. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2610. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2620. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2700. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2710. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2720. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2730. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2740. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2750. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2800. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2810. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2820. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2830. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2840. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2850. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2860. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2870. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-2880. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3010. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; amended, Virginia Register Volume 25, Issue 12, eff. March 18, 2009; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3020. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; amended, Virginia Register Volume 25, Issue 12, eff. March 18, 2009; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3030. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3040. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3050. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3060. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3061. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. December 26, 2007; repealed, Virginia Register Volume 26, Issue 23, eff. August 18, 2010.

9VAC5-140-3062. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. December 26, 2007; repealed, Virginia Register Volume 26, Issue 23, eff. August 18, 2010.

9VAC5-140-3070. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3080. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3100. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3110. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3120. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3130. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3140. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3200. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3210. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3220. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3230. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3240. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3300. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3400. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; amended, Virginia Register Volume 24, Issue 5, eff. December 12, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3410. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3420. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3500. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3510. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3520. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3530. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3540. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3550. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3560. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3570. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3600. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3610. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3620. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3700. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3710. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3720. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3730. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3740. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3750. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3800. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3810. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3820. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3830. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3840. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3850. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3860. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3870. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-3880. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 14, eff. April 18, 2007; repealed, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-140-5010. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5020. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5030. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5040. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5050. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5060. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5070. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5080. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5090. (Repealed.)

Historical Notes

Previously reserved; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5100. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5110. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5120. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5130. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5140. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5160 to 9VAC5-140-5190. (Repealed.)

Historical Notes

Previously reserved; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5200. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5210. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5220. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5230. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5240. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5250 to 9VAC5-140-5290. (Repealed.)

Historical Notes

Previously reserved; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5300 to 9VAC5-140-5390. (Repealed.)

Historical Notes

Previously reserved; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5400. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5410. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5420. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5430 to 9VAC5-140-5490. (Repealed.)

Historical Notes

Previously reserved; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5500. (Repealed.)

Historical Notes

Previously reserved; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5510. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5520. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register, Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5530. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5540. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5550. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5560. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5570. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5580 to 9VAC5-140-5590. (Repealed.)

Historical Notes

Previously reserved; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5600. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Errata, 23:16 VA.R. 2672-2674 April 16, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5610. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5620. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5630 to 9VAC5-140-5690. (Repealed.)

Historical Notes

Previously reserved; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5700. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5710. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5720. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5730. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5740. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-140-5750. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 13, eff. April 4, 2007; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

Part VII
CO2 Budget Trading Program

Article 1
CO2 Budget Trading Program General Provisions

9VAC5-140-6010. Purpose.

This part establishes the Virginia component of the CO2 Budget Trading Program, which is designed to reduce anthropogenic emissions of CO2, a greenhouse gas, from CO2 budget sources in a manner that is protective of human health and the environment and is economically efficient.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6020. Definitions.

A. As used in this part, all words or terms not defined here shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by the context.

B. For the purpose of this part and any related use, the words or terms shall have the meanings given them in this section.

C. Terms defined.

"Account number" means the identification number given by the department or its agent to each COATS account.

"Acid Rain emission limitation" means, as defined in 40 CFR 72.2, a limitation on emissions of sulfur dioxide (SO2) or nitrogen oxides (NOX) under the Acid Rain Program under Title IV of the CAA.

"Acid Rain Program" means a multistate SO2 and NOX air pollution control and emission reduction program established by the administrator under Title IV of the CAA and 40 CFR Parts 72 through 78.

"Adjustment for banked allowances" means an adjustment applied to the Virginia 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.

"Administrator" means the administrator of the U.S. Environmental Protection Agency or the administrator's authorized representative.

"Allocate" or "allocation" means the determination by the department of the number of CO2 allowances recorded in the CO2 allowance account of a CO2 budget unit.

"Allocation year" means a calendar year for which the department allocates CO2 allowances pursuant to Article 5 (9VAC5-140-6190 et seq.) of this part. The allocation year of each CO2 allowance is reflected in the unique identification number given to the allowance pursuant to 9VAC5-140-6250 C.

"Allowance auction" or "auction" means an auction in which the department or its agent offers CO2 allowances for sale.

"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.

"Attribute credit" means a credit that represents the attributes related to one megawatt-hour of electricity generation.

"Automated Data Acquisition and Handling System" or "DAHS" means that component of the Continuous Emissions Monitoring System (CEMS), or other emissions monitoring system approved for use under Article 8 (9VAC5-140-6330 et seq.) of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by Article 8 (9VAC5-140-6330 et seq.) of this part.

"Billing meter" means a measurement device used to measure electric or thermal output for commercial billing under a contract. The facility selling the electric or thermal output shall have different owners from the owners of the party purchasing the electric or thermal output.

"Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

"CO2 allowance" means a limited authorization by the department or participating state under the CO2 Budget Trading Program to emit up to one ton of CO2, subject to all applicable limitations contained in this part.

"CO2 allowance deduction" or "deduct CO2 allowances" means the permanent withdrawal of CO2 allowances by the department or its agent from a COATS compliance account to account for the number of tons of CO2 emitted from a CO2 budget source for a control period or an interim control period determined in accordance with Article 8 (9VAC5-140-6330 et seq.) of this part, or for the forfeit or retirement of CO2 allowances as provided by this part.

"CO2 Allowance Tracking System" or "COATS" means the system by which the department or its agent records allocations, deductions, and transfers of CO2 allowances under the CO2 Budget Trading Program. The tracking system may also be used to track CO2 allowance prices and emissions from affected sources.

"CO2 Allowance Tracking System account" means an account in COATS established by the department or its agent for purposes of recording the allocation, holding, transferring, or deducting of CO2 allowances.

"CO2 allowance transfer deadline" means midnight of March 1 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 and is the deadline by which CO2 allowances shall be submitted for recordation in a CO2 budget source's compliance account for the source to meet the CO2 requirements of 9VAC5-140-6050 C for a control period and each interim control period immediately preceding such deadline.

"CO2 allowances held" or "hold CO2 allowances" means the CO2 allowances recorded by the department or its agent, or submitted to the department or its agent for recordation, in accordance with Article 6 (9VAC5-140-6220 et seq.) and Article 7 (9VAC5-140-6300 et seq.) of this part, in a COATS account.

"CO2 authorized account representative" means, for a CO2 budget source and each CO2 budget unit at the source, the natural person who is authorized by the owners and operators of the source and all CO2 budget units at the source, in accordance with Article 2 (9VAC5-140-6080 et seq.) of this part, to represent and legally bind each owner and operator in matters pertaining to the CO2 Budget Trading Program or, for a general account, the natural person who is authorized, under Article 6 (9VAC5-140-6220 et seq.) of this part, to transfer or otherwise dispose of CO2 allowances held in the general account. If the CO2 budget source is also subject to the Acid Rain Program, CSAPR NOX Annual Trading Program, CSAPR NOX Ozone Season Trading Program, CSAPR SO2 Group 1 Trading Program, or CSAPR SO2 Group 2 Trading Program, then for a CO2 Budget Trading Program compliance account, this natural person shall be the same person as the designated representative as defined in the respective program.

"CO2 authorized alternate account representative" means, for a CO2 budget source and each CO2 budget unit at the source, the alternate natural person who is authorized by the owners and operators of the source and all CO2 budget units at the source, in accordance with Article 2 (9VAC5-140-6080 et seq.) of this part, to represent and legally bind each owner and operator in matters pertaining to the CO2 Budget Trading Program or, for a general account, the alternate natural person who is authorized, under Article 6 (9VAC5-140-6220 et seq.) of this part, to transfer or otherwise dispose of CO2 allowances held in the general account. If the CO2 budget source is also subject to the Acid Rain Program, CSAPR NOX Annual Trading Program, CSAPR NOX Ozone Season Trading Program, CSAPR SO2 Group 1 Trading Program, or CSAPR SO2 Group 2 Trading Program then, for a CO2 Budget Trading Program compliance account, this alternate natural person shall be the same person as the alternate designated representative as defined in the respective program.

"CO2 budget emissions limitation" means, for a CO2 budget source, the tonnage equivalent, in CO2 emissions in a control period or an interim control period of the CO2 allowances available for compliance deduction for the source for a control period or an interim control period.

"CO2 budget permit" means the portion of the legally binding permit issued by the department pursuant to 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation) 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 owners and operators and the CO2 authorized account representative of the CO2 budget source and each CO2 budget unit.

"CO2 budget source" means a source that includes one or more CO2 budget units.

"CO2 Budget Trading Program" means a multistate CO2 air pollution control and emissions reduction program established according to this part and corresponding regulations in other states as a means of reducing emissions of CO2 from CO2 budget sources.

"CO2 budget unit" means a unit that is subject to the CO2 Budget Trading Program requirements under 9VAC5-140-6040.

"CO2 cost containment reserve allowance" or "CO2 CCR allowance" means an allowance that has been sold at an auction for the purpose of containing the cost of CO2 allowances. CO2 CCR allowances offered for sale at an auction are separate from and additional to CO2 allowances allocated from the Virginia CO2 Budget Trading Program base and adjusted budgets. CO2 CCR allowances are subject to all applicable limitations contained in this part.

"CO2 cost containment reserve trigger price" or "CCR trigger price" means the minimum price at which CO2 CCR allowances are offered for sale by the department or its agent at an auction. The CCR trigger price in calendar year 2021 shall be $13. The CCR trigger price in calendar year 2022 shall be $13.91. Each calendar year thereafter, the CCR trigger price shall be 1.07 multiplied by the CCR trigger price from the previous calendar year, rounded to the nearest whole cent, as shown in Table 140-1A.

Table 140-1A

CO2 CCR Trigger Price

2021

$13.00

2022

$13.91

2023

$14.88

2024

$15.92

2025

$17.03

2026

$18.22

2027

$19.50

2028

$20.87

2029

$22.33

2030

$23.89

"CO2 emissions containment reserve allowance" or "CO2 ECR allowance" means a CO2 allowance that is withheld from sale at an auction by the department for the purpose of additional emission reduction in the event of lower than anticipated emission reduction costs.

"CO2 emissions containment reserve trigger price" or "ECR trigger price" means the price below which CO2 allowances will be withheld from sale by the department or its agent at an auction. The ECR trigger price in calendar year 2021 shall be $6.00. Each calendar year thereafter, the ECR trigger price shall be 1.07 multiplied by the ECR trigger price from the previous calendar year, rounded to the nearest whole cent, as shown in Table 140-1B.

Table 140-1B

CO2 ECR Trigger Price

2021

$ 6.00

2022

$ 6.42

2023

$ 6.87

2024

$ 7.35

2025

$ 7.86

2026

$8.41

2027

$ 9.00

2028

$ 9.63

2029

$10.30

2030

$11.02

"CO2 offset allowance" means a CO2 allowance that is awarded to the sponsor of a CO2 emissions offset project by a participating state and is subject to the relevant compliance deduction limitations of the participating state's corresponding offset regulations as a means of reducing CO2 from CO2 budget sources.

"Combined cycle system" means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.

"Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor (if applicable), a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.

"Commence commercial operation" means, with regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. For a unit that is a CO2 budget unit under 9VAC5-140-6040 on the date the unit commences commercial operation, such date shall remain the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered. For a unit that is not a CO2 budget unit under 9VAC5-140-6040 on the date the unit commences commercial operation, the date the unit becomes a CO2 budget unit under 9VAC5-140-6040 shall be the unit's date of commencement of commercial operation.

"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. For a unit that is a CO2 budget unit under 9VAC5-140-6040 on the date of commencement of operation, such date shall remain the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. For a unit that is not a CO2 budget unit under 9VAC5-140-6040 on the date of commencement of operation, the date the unit becomes a CO2 budget unit under 9VAC5-140-6040 shall be the unit's date of commencement of operation.

"Compliance account" means a COATS account, established by the department or its agent for a CO2 budget source under Article 6 (9VAC5-140-6220 et seq.) of this part, in which CO2 allowances available for use by the source for a control period and each interim control period are held for the purpose of meeting the CO2 requirements of 9VAC5-140-6050 C.

"Continuous Emissions Monitoring System" or "CEMS" means the equipment required under Article 8 (9VAC5-140-6330 et seq.) of this part to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated DAHS), a permanent record of stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent with 40 CFR Part 75 and Article 8 (9VAC5-140-6330 et seq.) of this part. The following systems are types of CEMS required under Article 8 (9VAC5-140-6330 et seq.) of this part:

a. A flow monitoring system, consisting of a stack flow rate monitor and an automated DAHS and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour;

b. A NOX emissions rate (or NOX-diluent) monitoring system, consisting of a NOX pollutant concentration monitor, a diluent gas (CO2 or O2) monitor, and an automated DAHS and providing a permanent, continuous record of NOX concentration, in parts per million (ppm), diluent gas concentration, in percent CO2 or O2, and NOX emissions rate, in pounds per million British thermal units (lb/MMBtu);

c. A moisture monitoring system, as defined in 40 CFR 75.11(b)(2) and providing a permanent, continuous record of the stack gas moisture content, in percent H2O;

d. A CO2 monitoring system, consisting of a CO2 pollutant concentration monitor (or an O2 monitor plus suitable mathematical equations from which the CO2 concentration is derived) and an automated DAHS and providing a permanent, continuous record of CO2 emissions, in percent CO2; and

e. An O2 monitoring system, consisting of an O2 concentration monitor and an automated DAHS and providing a permanent, continuous record of O2, in percent O2.

"Control period" means a three-calendar-year time period. The fifth control period is from January 1, 2021, to December 31, 2023, inclusive, which is the first control period of Virginia's participation in the CO2 Budget Trading Program. The first two calendar years of each control period are each defined as an interim control period, beginning on January 1, 2021.

"Cross State Air Pollution Rule (CSAPR) NOX Annual Trading Program" means a multistate NOX air pollution control and emission reduction program established in accordance with Subpart AAAAA of 40 CFR Part 97 and 40 CFR 52.38(a), including such a program that is revised in a SIP revision approved by the administrator under 40 CFR 52.38(a)(3) or (4) or that is established in a SIP revision approved by the administrator under 40 CFR 52.38(a)(5), as a means of mitigating interstate transport of fine particulates and NOX.

"Cross State Air Pollution Rule (CSAPR) NOX Ozone Season Trading Program" means a multistate NOX air pollution control and emission reduction program established in accordance with Subpart BBBBB of 40 CFR Part 97 and 40 CFR 52.38(b), including such a program that is revised in a SIP revision approved by the administrator under 40 CFR 52.38(b)(3) or (4) or that is established in a SIP revision approved by the administrator under 40 CFR 52.38(b)(5), as a means of mitigating interstate transport of ozone and NOX.

"Cross State Air Pollution Rule (CSAPR) SO2 Group 1 Trading Program" means a multistate SO2 air pollution control and emission reduction program established in accordance with Subpart CCCCC of 40 CFR Part 97 and 40 CFR 52.39(a), (b), (d) through (f), (j), and (k), including such a program that is revised in a SIP revision approved by the administrator under 40 CFR 52.39(d) or (e) or that is established in a SIP revision approved by the administrator under 40 CFR 52.39(f), as a means of mitigating interstate transport of fine particulates and SO2.

"Cross State Air Pollution Rule (CSAPR) SO2 Group 2 Trading Program" means a multistate SO2 air pollution control and emission reduction program established in accordance with Subpart DDDDD of 40 CFR Part 97 and 40 CFR 52.39(a), (c), and (g) through (k), including such a program that is revised in a SIP revision approved by the administrator under 40 CFR 52.39(g) or (h) or that is established in a SIP revision approved by the administrator under 40 CFR 52.39(i), as a means of mitigating interstate transport of fine particulates and SO2.

"Department" means the Virginia Department of Environmental Quality.

"Excess emissions" means any tonnage of CO2 emitted by a CO2 budget source during an interim control period or a control period that exceeds the CO2 budget emissions limitation for the source.

"Excess interim emissions" means any tonnage of CO2 emitted by a CO2 budget source during an interim control period multiplied by 0.50 that exceeds the CO2 budget emissions limitation for the source.

"Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.

"Fossil fuel-fired" means 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 5.0% of the annual heat input on a Btu basis during any year.

"General account" means a COATS account established under Article 6 (9VAC5-140-6220 et seq.) of this part that is not a compliance account.

"Gross generation" means the electrical output in MWe at the terminals of the generator.

"Interim control period" means a one-calendar-year time period during each of the first and second calendar years of each three-year control period. The first interim control period starts January 1, 2021, and ends December 31, 2021, inclusive. The second interim control period starts January 1, 2022, and ends December 31, 2022, inclusive. Each successive three-year control period will have two interim control periods, comprised of each of the first two calendar years of that control period.

"Life-of-the-unit contractual arrangement" means either:

a. A unit participation power sales agreement under which a customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity or associated energy from any specified unit pursuant to a contract:

(1) For the life of the unit;

(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or

(3) For a period equal to or greater than 25 years or 70% of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period; or

b. Any energy conversion or energy tolling agreement that has a primary term of 20 years or more and pursuant to which the purchaser is required to deliver fuel to the CO2 budget source or CO2 budget unit and is entitled to receive all of the nameplate capacity and associated energy generated by such source or unit for the entire contractual period. Such agreements shall be subject to 9VAC5-140-6325. Such purchaser shall not be considered an "owner" as defined under this section.

"Maximum potential hourly heat input" means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use Appendix D of 40 CFR Part 75 to report heat input, this value shall be calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value shall be reported, in accordance with 40 CFR Part 75, using the maximum potential flow rate and either the maximum CO2 concentration in percent CO2 or the minimum O2 concentration in percent O2.

"Minimum reserve price" means, in calendar year 2021, $2.38. Each calendar year thereafter, the minimum reserve price shall be 1.025 multiplied by the minimum reserve price from the previous calendar year, rounded to the nearest whole cent.

"Monitoring system" means any monitoring system that meets the requirements of Article 8 (9VAC5-140-6330 et seq.) of this part, including a CEMS, an excepted monitoring system, or an alternative monitoring system.

"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.

"Net-electric output" means the amount of gross generation in MWh the generators produce, including output from steam turbines, combustion turbines, and gas expanders, as measured at the generator terminals, less the electricity used to operate the plant (i.e., auxiliary loads); such uses include fuel handling equipment, pumps, fans, pollution control equipment, other electricity needs, and transformer losses as measured at the transmission side of the step up transformer (e.g., the point of sale).

"Non-CO2 budget unit" means a unit that does not meet the applicability criteria of 9VAC5-140-6040.

"Operator" means any person who operates, controls, or supervises a CO2 budget unit or a CO2 budget source and shall include any holding company, utility system, or plant manager of such a unit or source.

"Owner" means any of the following persons:

a. Any holder of any portion of the legal or equitable title in a CO2 budget unit;

b. Any holder of a leasehold interest in a CO2 budget unit, other than a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the CO2 budget unit;

c. Any purchaser of power from a CO2 budget unit under a life-of-the-unit contractual arrangement in which the purchaser controls the dispatch of the unit; or

d. With respect to any general account, any person who has an ownership interest with respect to the CO2 allowances held in the general account and who is subject to the binding agreement for the CO2 authorized account representative to represent that person's ownership interest with respect to the CO2 allowances.

"Participating state" means a state that has established a corresponding regulation as part of the CO2 Budget Trading Program.

"Receive" or "receipt of" means, when referring to the department or its agent, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission) as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence by the department or its agent in the regular course of business.

"Recordation," "record," or "recorded" means, with regard to CO2 allowances, the movement of CO2 allowances by the department or its agent from one COATS account to another for purposes of allocation, transfer, or deduction.

"Reserve price" means the minimum acceptable price for each CO2 allowance in a specific auction. The reserve price at an auction is either the minimum reserve price or the CCR trigger price, as specified in Article 9 (9VAC5-140-6410 et seq.) of this part.

"Serial number" means, when referring to CO2 allowances, the unique identification number assigned to each CO2 allowance by the department or its agent under 9VAC5-140-6250 C.

"Source" means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any air pollutant. A source, including a source with multiple units, shall be considered a single facility.

"Submit" or "serve" means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

a. In person;

b. By United States Postal Service; or

c. By other means of dispatch or transmission and delivery.

Compliance with any "submission," "service," or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

"Ton" or "tonnage" means any short ton, or 2,000 pounds. For the purpose of determining compliance with the CO2 requirements of 9VAC5-140-6050 C, total tons for an interim control period or a control period shall be calculated as the sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourly emissions rates, in accordance with Article 8 (9VAC5-140-6330 et seq.) of this part, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons. A short ton is equal to 0.9072 metric tons.

"Total useful energy" means the sum of gross electrical generation and useful net thermal energy.

"Undistributed CO2 allowances" means CO2 allowances originally allocated to a set aside account as pursuant to 9VAC5-140-6210 that were not distributed.

"Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.

"Unit operating day" means a calendar day in which a unit combusts any fuel.

"Unsold CO2 allowances" means CO2 allowances that have been made available for sale in an auction conducted by the department or its agent, but not sold.

"Useful net thermal energy" means energy:

a. In the form of direct heat, steam, hot water, or other thermal form that is used in the production and beneficial measures for heating, cooling, humidity control, process use, or other thermal end use energy requirements, excluding thermal energy used in the power production process (e.g., house loads and parasitic loads); and

b. For which fuel or electricity would otherwise be consumed.

"Virginia CO2 Budget Trading Program adjusted budget" means an adjusted budget determined in accordance with 9VAC5-140-6210 and is the annual amount of CO2 tons available in Virginia for allocation in a given allocation year, in accordance with the CO2 Budget Trading Program. CO2 CCR allowances offered for sale at an auction are separate from and additional to CO2 allowances allocated from the Virginia CO2 Budget Trading Program adjusted budget.

"Virginia CO2 Budget Trading Program base budget" means the budget specified in 9VAC5-140-6190. CO2 CCR allowances offered for sale at an auction are separate from and additional to CO2 allowances allocated from the Virginia CO2 Budget Trading Program base budget.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6030. Measurements, abbreviations, and acronyms.

Measurements, abbreviations, and acronyms used in this part are defined as follows:

Btu - British thermal unit.

CAA - federal Clean Air Act.

CCR - cost containment reserve.

CEMS - Continuous Emissions Monitoring System.

COATS - CO2 Allowance Tracking System.

CO2 - carbon dioxide.

DAHS - Data Acquisition and Handling System.

H2O - water.

lb - pound.

LME - low mass emissions.

MMBtu - million British thermal units.

MW - megawatt.

MWe - megawatt electrical.

MWh - megawatt hour.

NOX - nitrogen oxides.

O2 - oxygen.

ORIS - Office of Regulatory Information Systems.

QA/QC - quality assurance/quality control.

ppm - parts per million.

SO2 - sulfur dioxide.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6040. Applicability.

A. Any fossil fuel-fired unit that serves an electricity generator with a nameplate capacity equal to or greater than 25 MWe shall be a CO2 budget unit, and any source that includes one or more such units shall be a CO2 budget source, subject to the requirements of this part.

B. Exempt from the requirements of this part is any fossil fuel CO2 budget source located at or adjacent to and physically interconnected with a manufacturing facility that, prior to January 1, 2020, and in every subsequent calendar year, met either of the following requirements:

1. Supplies less than or equal to 10% of its annual net electrical generation to the electric grid; or

2. Supplies less than or equal to 15% of its annual total useful energy to any entity other than the manufacturing facility to which the CO2 budget source is interconnected.

For the purpose of subdivision 1 of this subsection, annual net electrical generation shall be determined as follows:

(ES – EP) / EG x 100

Where:

ES = electricity sales to the grid from the CO2 budget source

EP = electricity purchases from the grid by the CO2 budget source and the manufacturing facility to which the CO2 budget source is interconnected

EG = electricity generation

Such exempt CO2 budget source shall have an operating permit containing the applicable restrictions under this subsection. An application for such operating permit shall be submitted to the department no later than January 1, 2022.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6045. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; repealed, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6050. Standard requirements.

A. Permit requirements shall be as follows.

1. The CO2 authorized account representative of each CO2 budget source required to have an operating permit pursuant to 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation) and each CO2 budget unit required to have an operating permit pursuant to 9VAC5-85 shall:

a. Submit to the department a complete CO2 budget permit application under 9VAC5-140-6160 in accordance with the deadlines specified in 9VAC5-140-6150; and

b. Submit in a timely manner any supplemental information that the department determines is necessary in order to review the CO2 budget permit application and issue or deny a CO2 budget permit.

2. The owners and operators of each CO2 budget source required to have an operating permit pursuant to 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation) and each CO2 budget unit required to have an operating permit pursuant to 9VAC5-85 for the source shall have a CO2 budget permit and operate the CO2 budget source and the CO2 budget unit at the source in compliance with such CO2 budget permit.

B. Monitoring requirements shall be as follows.

1. The owners and operators and, to the extent applicable, the CO2 authorized account representative of each CO2 budget source and each CO2 budget unit at the source shall comply with the monitoring requirements of Article 8 (9VAC5-140-6330 et seq.) of this part.

2. The emissions measurements recorded and reported in accordance with Article 8 (9VAC5-140-6330 et seq.) of this part shall be used to determine compliance by the unit with the CO2 requirements under subsection C of this section.

C. CO2 requirements shall be as follows.

1. The owners and operators of each CO2 budget source and each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions under 9VAC5-140-6260, as of the CO2 allowance transfer deadline, in the source's compliance account in an amount not less than the total CO2 emissions that have been generated as a result of combusting fossil fuel for an interim control period or control period from all CO2 budget units at the source, less the CO2 allowances deducted to meet the requirements of subdivision 2 of this subsection, with respect to the previous two interim control periods as determined in accordance with Article 6 (9VAC5-140-6220 et seq.) and Article 8 (9VAC5-140-6330 et seq.) of this part.

2. The owners and operators of each CO2 budget source and each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions under 9VAC5-140-6260, as of the CO2 allowance transfer deadline, in the source's compliance account in an amount not less than the total CO2 emissions that have been generated as a result of combusting fossil fuel for the interim control period from all CO2 budget units at the source multiplied by 0.50, as determined in accordance with Article 6 (9VAC5-140-6220 et seq.) and Article 8 (9VAC5-140-6330 et seq.) of this part.

3. Each ton of CO2 emitted in excess of the CO2 budget emissions limitation for a control period shall constitute a separate violation of this part and applicable state law.

4. Each ton of excess interim emissions shall constitute a separate violation of this part and applicable state law.

5. A CO2 budget unit shall be subject to the requirements under subdivision 1 of this subsection starting on the later of January 1, 2021, or the date on which the unit commences operation.

6. CO2 allowances shall be held in, deducted from, or transferred among COATS accounts in accordance with Article 5 (9VAC5-140-6190 et seq.), Article 6 (9VAC5-140-6220 et seq.), and Article 7 (9VAC5-140-6300 et seq.) of this part.

7. A CO2 allowance shall not be deducted, to comply with the requirements under subdivision 1 or 2 of this subsection, for a control period that ends prior to the year for which the CO2 allowance was allocated.

8. A CO2 allowance under the CO2 Budget Trading Program is a limited authorization by the department to emit one ton of CO2 in accordance with the CO2 Budget Trading Program. No provision of the CO2 Budget Trading Program, the CO2 budget permit application, or the CO2 budget permit or any provision of law shall be construed to limit the authority of the department or a participating state to terminate or limit such authorization.

9. A CO2 allowance under the CO2 Budget Trading Program does not constitute a property right.

D. The owners and operators of a CO2 budget source that has excess emissions in a control period shall:

1. Forfeit the CO2 allowances required for deduction under 9VAC5-140-6260 D 1; and

2. Pay any fine, penalty, or assessment or comply with any other remedy imposed under 9VAC5-140-6260 D 2.

E. Recordkeeping and reporting requirements shall be as follows:

1. Unless otherwise provided, the owners and operators 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. This period may be extended for cause, at any time prior to the end of 10 years, in writing by the department.

a. The account certificate of representation for the CO2 authorized account representative 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, in accordance with 9VAC5-140-6110, 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 authorized account representative.

b. All emissions monitoring information, in accordance with Article 8 (9VAC5-140-6330 et seq.) of this part and 40 CFR 75.57.

c. Copies of all reports, compliance certifications, and other submissions and all records made or required under the CO2 Budget Trading Program.

d. 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 the CO2 Budget Trading Program.

2. The CO2 authorized account representative of a CO2 budget source and each CO2 budget unit at the source shall submit the reports and compliance certifications required under the CO2 Budget Trading Program, including those under Article 4 (9VAC5-140-6170 et seq.) of this part.

F. Liability requirements shall be as follows.

1. No permit revision shall excuse any violation of the requirements of the CO2 Budget Trading Program that occurs prior to the date that the revision takes effect.

2. Any provision of the CO2 Budget Trading Program that applies to a CO2 budget source, including a provision applicable to the CO2 authorized account representative of a CO2 budget source, shall also apply to the owners and operators of such source and of the CO2 budget units at the source.

3. Any provision of the CO2 Budget Trading Program that applies to a CO2 budget unit, including a provision applicable to the CO2 authorized account representative of a CO2 budget unit, shall also apply to the owners and operators of such unit.

G. No provision of the CO2 Budget Trading Program, a CO2 budget permit application, or a CO2 budget permit shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the CO2 authorized account representative of the CO2 budget source or CO2 budget unit from compliance with any other provisions of applicable state and federal law or regulations.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6060. Computation of time.

A. Unless otherwise stated, any time period scheduled, under the CO2 Budget Trading Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs.

B. Unless otherwise stated, any time period scheduled, under the CO2 Budget Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.

C. Unless otherwise stated, if the final day of any time period, under the CO2 Budget Trading Program, falls on a weekend or a state or federal holiday, the time period shall be extended to the next business day.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6070. Severability.

If any provision of this part, or its application to any particular person or circumstances, is held invalid, the remainder of this part, and the application thereof to other persons or circumstances, shall not be affected thereby.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

Article 2
CO2 Authorized Account Representative for CO2 Budget Sources

9VAC5-140-6080. Authorization and responsibilities of the CO2 authorized account representative.

A. Except as provided under 9VAC5-140-6090, each CO2 budget source, including all CO2 budget units at the source, shall have one and only one CO2 authorized account representative, 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 authorized account representative of the CO2 budget source shall be selected by an agreement binding on the owners and operators of the source and all CO2 budget units at the source and must act in accordance with the account certificate of representation under 9VAC5-140-6110.

C. Upon receipt by the department or its agent of a complete account certificate of representation under 9VAC5-140-6110, the CO2 authorized account representative of the source shall represent and, by his representations, actions, inactions, or submissions, 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 authorized account representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the CO2 authorized account representative by the department or a court regarding the source or unit.

D. No CO2 budget permit shall be issued, and no COATS account shall be established for a CO2 budget source, until the department or its agent has received a complete account certificate of representation under 9VAC5-140-6110 for a CO2 authorized account representative of the source and the CO2 budget units at the source.

E. Each submission under the CO2 Budget Trading Program shall be submitted, signed, and certified by the CO2 authorized account representative 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 authorized account representative: "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 fine or imprisonment."

F. The department or its agent will accept or act on a submission made on behalf of owners or operators of a CO2 budget source or a CO2 budget unit only if the submission has been made, signed, and certified in accordance with subsection E of this section.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6090. CO2 authorized alternate account representative.

A. An account certificate of representation may designate one and only one CO2 authorized alternate account representative who may act on behalf of the CO2 authorized account representative. The agreement by which the CO2 authorized alternate account representative is selected shall include a procedure for authorizing the CO2 authorized alternate account representative to act in lieu of the CO2 authorized account representative.

B. Upon receipt by the department or its agent of a complete account certificate of representation under 9VAC5-140-6110, any representation, action, inaction, or submission by the CO2 authorized alternate account representative shall be deemed to be a representation, action, inaction, or submission by the CO2 authorized account representative.

C. Except in this section and 9VAC5-140-6080 A, 9VAC5-140-6100, 9VAC5-140-6110, and 9VAC5-140-6230, whenever the term "CO2 authorized account representative" is used in this part, the term shall be construed to include the CO2 authorized alternate account representative.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6100. Changing the CO2 authorized account representatives and the CO2 authorized alternate account representative; changes in the owners and operators.

A. The CO2 authorized account representative may be changed at any time upon receipt by the department or its agent of a superseding complete account certificate of representation under 9VAC5-140-6110. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 authorized account representative or CO2 authorized alternate account representative prior to the time and date when the department or its agent receives the superseding account certificate of representation shall be binding on the new CO2 authorized account representative and the owners and operators of the CO2 budget source and the CO2 budget units at the source.

B. The CO2 authorized alternate account representative may be changed at any time upon receipt by the department or its agent of a superseding complete account certificate of representation under 9VAC5-140-6110. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 authorized alternate account representative or CO2 authorized alternate account representative prior to the time and date when the department or its agent receives the superseding account certificate of representation shall be binding on the new CO2 authorized alternate account representative and the owners and operators of the CO2 budget source and the CO2 budget units at the source.

C. Changes in the owners and operators shall be addressed as follows.

1. In the event a new 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 new owner or operator shall be deemed to be subject to and bound by the account certificate of representation, the representations, actions, inactions, and submissions of the CO2 authorized account representative and any CO2 authorized alternate account representative of the source or unit, and the decisions, orders, actions, and inactions of the department, as if the new owner or operator were included in such list.

2. Within 30 days following any change in the owners and operators of a CO2 budget source or a CO2 budget unit, including the addition of a new owner or operator, the CO2 authorized account representative or CO2 authorized alternate account representative shall submit a revision to the account certificate of representation amending the list of owners and operators to include the change.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6110. Account certificate of representation.

A. A complete account certificate of representation for a CO2 authorized account representative or a CO2 authorized alternate account representative shall include the following elements in a format prescribed by the department or its agent:

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, address, email address, telephone number, and facsimile transmission number of the CO2 authorized account representative and any CO2 authorized alternate account representative;

3. A list of the owners and operators of the CO2 budget source and of each CO2 budget unit at the source;

4. The following certification statement by the CO2 authorized account representative and any CO2 authorized alternate account representative: "I certify that I was selected as the CO2 authorized account representative or CO2 authorized alternate account representative, 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 and 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."; and

5. The signature of the CO2 authorized account representative and any CO2 authorized alternate account representative and the dates signed.

B. Unless otherwise required by the department or its agent, documents of agreement referred to in the account certificate of representation shall not be submitted to the department or its agent. Neither the department nor its agent shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6120. Objections concerning the CO2 authorized account representative.

A. Once a complete account certificate of representation under 9VAC5-140-6110 has been submitted and received, the department and its agent will rely on the account certificate of representation unless and until the department or its agent receives a superseding complete account certificate of representation under 9VAC5-140-6110.

B. Except as provided in 9VAC5-140-6100 A or B, no objection or other communication submitted to the department or its agent concerning the authorization, or any representation, action, inaction, or submission of the CO2 authorized account representative shall affect any representation, action, inaction, or submission of the CO2 authorized account representative or the finality of any decision or order by the department or its agent under the CO2 Budget Trading Program.

C. Neither the department nor its agent will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CO2 authorized account representative, including private legal disputes concerning the proceeds of CO2 allowance transfers.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6130. Delegation by CO2 authorized account representative and CO2 authorized alternate account representative.

A. A CO2 authorized account representative may delegate, to one or more natural persons, his authority to make an electronic submission to the department or its agent under this part.

B. A CO2 authorized alternate account representative may delegate, to one or more natural persons, his authority to make an electronic submission to the department or its agent under this part.

C. To delegate authority to make an electronic submission to the department or its agent in accordance with subsections A and B of this section, the CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, shall submit to the department or its agent a notice of delegation, in a format prescribed by the department that includes the following elements:

1. The name, address, email address, telephone number, and facsimile transmission number of such CO2 authorized account representative or CO2 authorized alternate account representative;

2. The name, address, email address, telephone number, and facsimile transmission number of each such natural person, referred to as the "electronic submission agent";

3. For each such natural person, a list of the type of electronic submissions under subsection A or B of this section for which authority is delegated to him; and

4. The following certification statement by such CO2 authorized account representative or CO2 authorized alternate account representative: "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 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 9VAC5-140-6130 D shall be deemed to be an electronic submission by me. Until this notice of delegation is superseded by another notice of delegation under 9VAC5-140-6130 D, I agree to maintain an email account and to notify the department or its agent immediately of any change in my email address unless all delegation authority by me under 9VAC5-140-6130 is terminated."

D. A notice of delegation submitted under subsection C of this section shall be effective, with regard to the CO2 authorized account representative or CO2 authorized alternate account representative identified in such notice, upon receipt of such notice by the department or its agent and until receipt by the department or its agent of a superseding notice of delegation by such CO2 authorized account representative or CO2 authorized alternate account representative as appropriate. 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 subdivision C 4 of this section and made in accordance with a notice of delegation effective under subsection D of this section shall be deemed to be an electronic submission by the CO2 authorized account representative or CO2 authorized alternate account representative submitting such notice of delegation.

F. A CO2 authorized account representative may delegate, to one or more natural persons, his authority to review information in the CO2 allowance tracking system under this part.

G. A CO2 authorized alternate account representative may delegate, to one or more natural persons, his authority to review information in the CO2 allowance tracking system under this part.

H. To delegate authority to review information in the CO2 allowance tracking system in accordance with subsections F and G of this section, the CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, shall submit to the department or its agent a notice of delegation, in a format prescribed by the department that includes the following elements:

1. The name, address, email address, telephone number, and facsimile transmission number of such CO2 authorized account representative or CO2 authorized alternate account representative;

2. The name, address, email address, telephone number, and facsimile transmission number of each such natural person, referred to as the "reviewer";

3. For each such natural person, a list of the type of information under subsection F or G of this section for which authority is delegated to him; and

4. The following certification statement by such CO2 authorized account representative or CO2 authorized alternate account representative: "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 subsection I of this section shall be deemed to be a reviewer by me. Until this notice of delegation is superseded by another notice of delegation under subsection I of this section, I agree to maintain an email account and to notify the department or its agent immediately of any change in my email address unless all delegation authority by me under this section is terminated."

I. A notice of delegation submitted under subsection H of this section shall be effective, with regard to the CO2 authorized account representative or CO2 authorized alternate account representative identified in such notice, upon receipt of such notice by the department or its agent and until receipt by the department or its agent of a superseding notice of delegation by such CO2 authorized account representative or CO2 authorized alternate account representative as appropriate. The superseding notice of delegation may replace any previously identified reviewer, add a new reviewer, or eliminate entirely any delegation of authority.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

Article 3
Permits

9VAC5-140-6140. CO2 budget permit requirements.

A. Each CO2 budget source shall have a permit issued by the department pursuant to 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation).

B. Each CO2 budget permit shall contain all applicable CO2 Budget Trading Program requirements and shall be a complete and distinguishable portion of the permit under subsection A of this section.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6150. Submission of CO2 budget permit applications.

For any CO2 budget source, the CO2 authorized account representative shall submit a complete CO2 budget permit application under 9VAC5-140-6160 covering such CO2 budget source to the department by the later of January 1, 2021, or 12 months before the date on which the CO2 budget source, or a new unit at the source, commences operation.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6160. Information requirements for CO2 budget permit applications.

A complete CO2 budget permit application shall include the following elements concerning the CO2 budget source for which the application is submitted, in a format prescribed by the department:

1. Identification of the CO2 budget source, including plant name and the ORIS (Office of Regulatory Information Systems) or facility code assigned to the source by the Energy Information Administration of the U.S. Department of Energy if applicable;

2. Identification of each CO2 budget unit at the CO2 budget source; and

3. The standard requirements under 9VAC5-140-6050.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

Article 4
Compliance Certification

9VAC5-140-6170. Compliance certification report.

A. For each control period in which a CO2 budget source is subject to the CO2 requirements of 9VAC5-140-6050 C, the CO2 authorized account representative of the source shall submit to the department by March 1 following the relevant control period, a compliance certification report. A compliance certification report is not required as part of the compliance obligation during an interim control period.

B. The CO2 authorized account representative shall include in the compliance certification report under subsection A of this section the following elements, in a format prescribed by the department:

1. Identification of the source and each CO2 budget unit at the source;

2. At the CO2 authorized account representative's option, the serial numbers of the CO2 allowances that are to be deducted from the source's compliance account under 9VAC5-140-6260 for the control period; and

3. The compliance certification under subsection C of this section.

C. In the compliance certification report under subsection A of this section, the CO2 authorized account representative shall certify, based on reasonable inquiry of those persons 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 CO2 requirements of 9VAC5-140-6050 C;

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 Article 8 (9VAC5-140-6330 et seq.) of this part;

3. Whether all the CO2 emissions from the units at the source were monitored or accounted for through the missing data procedures and reported in the quarterly monitoring reports, including whether conditional data were reported in the quarterly reports in accordance with Article 8 (9VAC5-140-6330 et seq.) of this part. If conditional data were reported, the owner or operator shall indicate whether the status of all conditional data has been resolved and all necessary quarterly report resubmissions have been made;

4. Whether the facts that form the basis for certification under Article 8 (9VAC5-140-6330 et seq.) of this part of each monitor at each unit at the source, or for using an excepted monitoring method or alternative monitoring method approved under Article 8 (9VAC5-140-6330 et seq.) of this part, if any, have changed; and

5. If a change is required to be reported under subdivision 4 of this subsection, specify the nature of the change, the reason for the change, when the change occurred, and how the unit's compliance status was determined subsequent to the change, including what method was used to determine emissions when a change mandated the need for monitor recertification.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6180. Action on compliance certifications.

A. The department or its agent may review and conduct independent audits concerning any compliance certification or any other submission under the CO2 Budget Trading Program and make appropriate adjustments of the information in the compliance certifications or other submissions.

B. The department or its agent may deduct CO2 allowances from or transfer CO2 allowances to a source's compliance account based on the information in the compliance certifications or other submissions, as adjusted under subsection A of this section.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

Article 5
CO2 Allowance Allocations

9VAC5-140-6190. Base budgets.

A. The Virginia CO2 Budget Trading Program base budget shall be as follows:

1.

For 2021, the Virginia CO2 Budget Trading Program base budget is 27.16 million tons.

2. For 2022, the Virginia CO2 Budget Trading Program base budget is 26.32 million tons.

3. For 2023, the Virginia CO2 Budget Trading Program base budget is 25.48 million tons.

4. For 2024, the Virginia CO2 Budget Trading Program base budget is 24.64 million tons.

5. For 2025, the Virginia CO2 Budget Trading Program base budget is 23.80 million tons.

6. For 2026, the Virginia CO2 Budget Trading Program base budget is 22.96 million tons.

7. For 2027, the Virginia CO2 Budget Trading Program base budget is 22.12 million tons.

8. For 2028, the Virginia CO2 Budget Trading Program base budget is 21.28 million tons.

9. For 2029, the Virginia CO2 Budget Trading Program base budget is 20.44 million tons.

10. For 2030, the Virginia CO2 Budget Trading Program base budget is 19.60 million tons.

B.

For 2031 and each succeeding calendar year, the Virginia CO2 Budget Trading Program base budget is 19.60 million tons unless modified as a result of a program review and future regulatory action.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6200. Undistributed and unsold CO2 allowances.

A. The department will retire undistributed CO2 allowances at the end of each control period.

B. The department will retire unsold CO2 allowances at the end of each control period.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6210. CO2 allowance allocations.

A. The department will allocate the Virginia CO2 Budget Trading Program base budget CO2 allowances to the Virginia Auction Account.

B. For allocation years 2021 through 2030, the Virginia CO2 Budget Trading Program adjusted budget shall be the maximum number of allowances available for allocation in a given allocation year, except for CO2 CCR allowances.

C.

In the event that the CCR is triggered during an auction, the department will allocate CO2 CCR allowances, separate from and additional to the Virginia CO2 Budget Trading Program base budget set forth in 9VAC5-140-6190 to the Virginia Auction Account. The CCR allocation is for the purpose of containing the cost of CO2 allowances. The department will allocate CO2 CCR allowances as follows:

1.

On or before January 1, 2021, and each year thereafter, the department will allocate CO2 CCR allowances equal to the quantity in Table 140-5A.

Table 140-5A
CO2 CCR Allowances from 2021 Forward

2021

2.716 million tons

2022

2.632 million tons

2023

2.548 million tons

2024

2.464 million tons

2025

2.380 million tons

2026

2.296 million tons

2027

2.212 million tons

2028

2.128 million tons

2029

2.044 million tons

2030 and each year thereafter

1.960 million tons

2. CCR allowances allocated for a calendar year will be automatically transferred to the Virginia Auction Account to be auctioned. Following each auction, all CO2 CCR allowances sold at auction will be transferred to winning bidders' accounts as CO2 CCR allowances.

3. Unsold CO2 CCR allowances will remain in the Virginia Auction Account to be re-offered for sale at auction within the same calendar year. CO2 CCR allowances remaining unsold at the end of the calendar year in which they were originated will be made unavailable for sale at future auctions.

D. In the event that the ECR is triggered during an auction, the department will authorize its agent to withhold CO2 allowances as needed. The department will further authorize its agent to convert and transfer any CO2 allowances that have been withheld from any auction into the Virginia ECR account. The ECR withholding is for the purpose of additional emission reduction in the event of lower than anticipated emission reduction costs. The department's agent will withhold CO2 ECR allowances as follows:

1. If the condition in 9VAC5-140-6420 C 1 is met at an auction, then the maximum number of CO2 ECR allowances that will be withheld from that auction will be equal to the quantity shown in Table 140-5B minus the total quantity of CO2 ECR allowances that have been withheld from any prior auction in that calendar year. Any CO2 ECR allowances withheld from an auction will be transferred into the Virginia ECR account.

Table 140-5B
ECR Allowances from 2021 Forward

2021

2.716 million tons

2022

2.632 million tons

2023

2.548 million tons

2024

2.464 million tons

2025

2.380 million tons

2026

2.296 million tons

2027

2.212 million tons

2028

2.128 million tons

2029

2.044 million tons

2030 and each year thereafter

1.960 million tons

2. Allowances that have been transferred into the Virginia ECR account shall not be withdrawn.

E. The adjustment for banked allowances will be as follows. On March 15, 2021, the department may determine the adjustment for banked allowances quantity for allocation years 2021 through 2025 through the application of the following formula:

TABA = ((TA – TAE)/5) x RS%

Where:

TABA is the adjustment for banked allowances quantity in tons.

TA, adjustment, is the total quantity of allowances of 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.

TAE, adjustment emissions, 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.

RS% is Virginia budget divided by the regional budget.

F. CO2 Budget Trading Program adjusted budgets for 2021 through 2025 shall be determined as follows: on April 15, 2021, the department will determine the Virginia CO2 Budget Trading Program adjusted budgets for the 2021 through 2025 allocation years by the following formula:

AB = BB – TABA

Where:

AB is the Virginia CO2 Budget Trading Program adjusted budget.

BB is the Virginia CO2 Budget Trading Program base budget.

TABA is the adjustment for banked allowances quantity in tons.

G. The department or its agent will publish the CO2 trading program adjusted budgets for the 2021 through 2025 allocation years.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6211. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; repealed, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6215. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; repealed, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

Article 6
CO2 Allowance Tracking System

9VAC5-140-6220. CO2 Allowance Tracking System accounts.

A. Consistent with 9VAC5-140-6230 A, the department or its agent will establish one compliance account for each CO2 budget source. Allocations of CO2 allowances pursuant to Article 5 (9VAC5-140-6190 et seq.) of this part and deductions or transfers of CO2 allowances pursuant to 9VAC5-140-6180, 9VAC5-140-6260, 9VAC5-140-6280, or Article 7 (9VAC5-140-6300 et seq.) of this part will be recorded in the compliance accounts in accordance with this section.

B. Consistent with 9VAC5-140-6230 B, the department or its agent will establish, upon request, a general account for any person. Transfers of CO2 allowances pursuant to Article 7 (9VAC5-140-6300 et seq.) of this part will be recorded in the general account in accordance with this article.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6230. Establishment of accounts.

A. Upon receipt of a complete account certificate of representation under 9VAC5-140-6110, the department or its agent will establish an allowance account and a compliance account for each CO2 budget source for which an account certificate of representation was submitted.

B. General accounts shall operate as follows.

1. Any person may apply to open a general account for the purpose of holding and transferring CO2 allowances. An application for a general account may designate one and only one CO2 authorized account representative and one and only one CO2 authorized alternate account representative who may act on behalf of the CO2 authorized account representative. The agreement by which the CO2 authorized alternate account representative is selected shall include a procedure for authorizing the CO2 authorized alternate account representative to act in lieu of the CO2 authorized account representative. A complete application for a general account shall be submitted to the department or its agent and shall include the following elements in a format prescribed by the department or its agent:

a. Name, address, email address, telephone number, and facsimile transmission number of the CO2 authorized account representative and any CO2 authorized alternate account representative;

b. At the option of the CO2 authorized account representative, organization name and type of organization;

c. A list of all persons subject to a binding agreement for the CO2 authorized account representative or any CO2 authorized alternate account representative to represent their ownership interest with respect to the CO2 allowances held in the general account;

d. The following certification statement by the CO2 authorized account representative and any CO2 authorized alternate account representative: "I certify that I was selected as the CO2 authorized account representative or the CO2 authorized alternate account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CO2 allowances held in the general account. 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 such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the department or its agent or a court regarding the general account.";

e. The signature of the CO2 authorized account representative and any CO2 authorized alternate account representative and the dates signed; and

f. Unless otherwise required by the department or its agent, documents of agreement referred to in the application for a general account shall not be submitted to the department or its agent. Neither the department nor its agent shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

2. Authorization of the CO2 authorized account representative shall be as follows:

a. Upon receipt by the department or its agent of a complete application for a general account under subdivision 1 of this subsection:

(1) The department or its agent will establish a general account for the person for whom the application is submitted.

(2) The CO2 authorized account representative and any CO2 authorized alternate account representative for the general account shall represent and, by his representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CO2 allowances held in the general account in all matters pertaining to the CO2 Budget Trading Program, notwithstanding any agreement between the CO2 authorized account representative or any CO2 authorized alternate account representative and such person. Any such person shall be bound by any order or decision issued to the CO2 authorized account representative or any CO2 authorized alternate account representative by the department or its agent or a court regarding the general account.

(3) Any representation, action, inaction, or submission by any CO2 authorized alternate account representative shall be deemed to be a representation, action, inaction, or submission by the CO2 authorized account representative.

b. Each submission concerning the general account shall be submitted, signed, and certified by the CO2 authorized account representative or any CO2 authorized alternate account representative 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 authorized account representative or any CO2 authorized alternate account representative: "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 fine or imprisonment."

c. The department or its agent will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with subdivision 2 b of this subsection.

3. Changing CO2 authorized account representative and CO2 authorized alternate account representative, and changes in persons with ownership interest, shall be accomplished as follows:

a. The CO2 authorized account representative for a general account may be changed at any time upon receipt by the department or its agent of a superseding complete application for a general account under subdivision 1 of this subsection. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 authorized account representative, or the previous CO2 authorized alternate account representative, prior to the time and date when the department or its agent receives the superseding application for a general account shall be binding on the new CO2 authorized account representative and the persons with an ownership interest with respect to the CO2 allowances in the general account.

b. The CO2 authorized alternate account representative for a general account may be changed at any time upon receipt by the department or its agent of a superseding complete application for a general account under subdivision 1 of this subsection. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 authorized account representative, or the previous CO2 authorized alternate account representative, prior to the time and date when the department or its agent receives the superseding application for a general account shall be binding on the new alternate CO2 authorized account representative and the persons with an ownership interest with respect to the CO2 allowances in the general account.

c. In the event a new 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 new 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 authorized account representative and any CO2 authorized alternate account representative, and the decisions, orders, actions, and inactions of the department or its agent, as if the new person were included in such list.

d. Within 30 days following any change in the persons having an ownership interest with respect to CO2 allowances in the general account, including the addition or deletion of persons, the CO2 authorized account representative or any CO2 authorized alternate account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the CO2 allowances in the general account to include the change.

4. Objections concerning CO2 authorized account representative shall be governed as follows:

a. Once a complete application for a general account under subdivision 1 of this subsection has been submitted and received, the department or its agent will rely on the application unless and until a superseding complete application for a general account under subdivision 1 of this subsection is received by the department or its agent.

b. Except as provided in subdivisions 3 a and 3 b of this subsection, no objection or other communication submitted to the department or its agent concerning the authorization, or any representation, action, inaction, or submission of the CO2 authorized account representative or any CO2 authorized alternate account representative for a general account shall affect any representation, action, inaction, or submission of the CO2 authorized account representative or any CO2 authorized alternate account representative or the finality of any decision or order by the department or its agent under the CO2 Budget Trading Program.

c. Neither the department nor its agent will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the CO2 authorized account representative or any CO2 authorized alternate account representative for a general account, including private legal disputes concerning the proceeds of CO2 allowance transfers.

5. Delegation by CO2 authorized account representative and CO2 authorized alternate account representative shall be accomplished as follows:

a. A CO2 authorized account representative may delegate, to one or more natural persons, his authority to make an electronic submission to the department or its agent provided for under this article and Article 7 (9VAC5-140-6300 et seq.) of this part.

b. A CO2 authorized alternate account representative may delegate, to one or more natural persons, his authority to make an electronic submission to the department or its agent provided for under this article and Article 7 (9VAC5-140-6300 et seq.) of this part.

c. To delegate authority to make an electronic submission to the department or its agent in accordance with subdivisions 5 a and 5 b of this subsection, the CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, shall submit to the department or its agent a notice of delegation, in a format prescribed by the department that includes the following elements:

(1) The name, address, email address, telephone number, and facsimile transmission number of such CO2 authorized account representative or CO2 authorized alternate account representative;

(2) The name, address, email address, telephone number, and facsimile transmission number of each such natural person, referred to as "electronic submission agent";

(3) For each such natural person, a list of the type of electronic submissions under subdivision 5 c (1) or 5 c (2) of this subsection for which authority is delegated to him; and

(4) The following certification statement by such CO2 authorized account representative or CO2 authorized alternate account representative: "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 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 9VAC5-140-6230 B 5 d shall be deemed to be an electronic submission by me. Until this notice of delegation is superseded by another notice of delegation under 9VAC5-140-6230 B 5 d, I agree to maintain an email account and to notify the department or its agent immediately of any change in my email address unless all delegation authority by me under 9VAC5-140-6230 B 5 is terminated."

d. A notice of delegation submitted under subdivision 5 c of this subsection shall be effective, with regard to the CO2 authorized account representative or CO2 authorized alternate account representative identified in such notice, upon receipt of such notice by the department or its agent and until receipt by the department or its agent of a superseding notice of delegation by such CO2 authorized account representative or CO2 authorized alternate account representative as appropriate. 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 subdivision 5 c (4) of this subsection and made in accordance with a notice of delegation effective under subdivision 5 d of this subsection shall be deemed to be an electronic submission by the CO2 authorized account representative or CO2 authorized alternate account representative submitting such notice of delegation.

C. The department or its agent will assign a unique identifying number to each account established under subsection A or B of this section.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6240. CO2 Allowance Tracking System responsibilities of CO2 authorized account representative.

Following the establishment of a COATS account, all submissions to the department or its agent pertaining to the account, including submissions concerning the deduction or transfer of CO2 allowances in the account, shall be made only by the CO2 authorized account representative for the account.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6250. Recordation of CO2 allowance allocations.

A. By January 1 of each calendar year, the department or its agent will record in the following accounts:

1. In each CO2 budget source's allowance account, the CO2 allowances allocated to those sources by the department prior to being auctioned; and

2. In each CO2 budget source's compliance account, the allowances purchased at auction by CO2 budget units at the source under 9VAC5-140-6210 A.

B. Each year the department or its agent will record CO2 allowances, as allocated to the unit under Article 5 (9VAC5-140-6190 et seq.) of this part, in the compliance account for the year after the last year for which CO2 allowances were previously allocated to the compliance account. Each year, the department or its agent will also record CO2 allowances, as allocated under Article 5 (9VAC5-140-6190 et seq.) of this part, in an allocation set-aside for the year after the last year for which CO2 allowances were previously allocated to an allocation set-aside.

C. Serial numbers for allocated CO2 allowances shall be managed as follows. When allocating CO2 allowances to and recording them in an account, the department or its agent will assign each CO2 allowance a unique identification number that will include digits identifying the year for which the CO2 allowance is allocated.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6260. Compliance.

A. CO2 allowances that meet the following criteria are available to be deducted for a CO2 budget source to comply with the CO2 requirements of 9VAC5-140-6050 C for a control period or an interim control period.

1. The CO2 allowances are of allocation years that fall within a prior control period, the same control period, or the same interim control period for which the allowances will be deducted.

2. The CO2 allowances are held in the CO2 budget source's compliance account as of the CO2 allowance transfer deadline for that control period or interim control period or are transferred into the compliance account by a CO2 allowance transfer correctly submitted for recordation under 9VAC5-140-6300 by the CO2 allowance transfer deadline for that control period or interim control period.

3. For CO2 offset allowances generated by other participating states, the number of CO2 offset allowances that are available to be deducted in order for a CO2 budget source to comply with the CO2 requirements of 9VAC5-140-6050 C for a control period or an interim control period shall not exceed 3.3% of the CO2 budget source's CO2 emissions for that control period, or may not exceed 3.3% of 0.50 times the CO2 budget source's CO2 emissions for an interim control period, as determined in accordance with this article and Article 8 (9VAC5-140-6330 et seq.) of this part.

4. The CO2 allowances are not necessary for deductions for excess emissions for a prior control period under subsection D of this section.

B. Following the recordation, in accordance with 9VAC5-140-6310, of CO2 allowance transfers submitted for recordation in the CO2 budget source's compliance account by the CO2 allowance transfer deadline for a control period or an interim control period, the department or its agent will deduct CO2 allowances available under subsection A of this section to cover the source's CO2 emissions, as determined in accordance with Article 8 (9VAC5-140-6330 et seq.) of this part, for the control period or interim control period, as follows:

1. Until 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, determined in accordance with Article 8 (9VAC5-140-6330 et seq.) of this part, from all CO2 budget units at the CO2 budget source for the control period or interim control period; or

2. If there are insufficient CO2 allowances to complete the deductions in subdivision 1 of this subsection, until no more CO2 allowances available under subsection A of this section remain in the compliance account.

C. Identification of available CO2 allowances by serial number and default compliance deductions shall be managed as follows:

1. The CO2 authorized account representative for a source's compliance account may request that specific CO2 allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period or interim control period in accordance with subsection B or D of this section. Such identification shall be made in the compliance certification report submitted in accordance with 9VAC5-140-6170.

2. The department or its agent will deduct CO2 allowances for an interim control period or a control period from the CO2 budget source's compliance account, in the absence of an identification or in the case of a partial identification of available CO2 allowances by serial number under subdivision 1 of this subsection, as follows: Any CO2 allowances that are available for deduction under subdivision 1 of this subsection. CO2 allowances shall be deducted in chronological order (i.e., CO2 allowances from earlier allocation years shall be deducted before CO2 allowances from later allocation years). 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.

D. Deductions for excess emissions shall be managed as follows.

1. After making the deductions for compliance under subsection B of this section, the department or its agent will deduct from the CO2 budget source's compliance account a number of CO2 allowances equal to three times the number of the source's excess emissions. In the event that a source has insufficient CO2 allowances to cover three times the number of the source's excess emissions, the source shall be required to immediately transfer sufficient allowances into its compliance account.

2. Any CO2 allowance deduction required under subdivision 1 of this subsection shall not affect the liability of the owners and operators of the CO2 budget source or the CO2 budget units at the source for any fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violation, as ordered under applicable state law. The following guidelines will be followed in assessing fines, penalties, or other obligations:

a. For purposes of determining the number of days of violation, if a CO2 budget source has excess emissions for a control period, each day in the control period constitutes a day in violation unless the owners and operators of the unit demonstrate that a lesser number of days should be considered.

b. Each ton of excess emissions is a separate violation.

c. For purposes of determining the number of days of violation, if a CO2 budget source has excess interim emissions for an interim control period, each day in the interim control period constitutes a day in violation unless the owners and operators of the unit demonstrate that a lesser number of days should be considered.

d. Each ton of excess interim emissions is a separate violation.

3. The propriety of the department's determination that a CO2 budget source had excess emissions and the concomitant deduction of CO2 allowances from that CO2 budget source's account may be later challenged in the context of the initial administrative enforcement, or any civil or criminal judicial action arising from or encompassing that excess emissions violation. The commencement or pendency of any administrative enforcement, or civil or criminal judicial action arising from or encompassing that excess emissions violation will not act to prevent the department or its agent from initially deducting the CO2 allowances resulting from the department's original determination that the relevant CO2 budget source has had excess emissions. Should the department's determination of the existence or extent of the CO2 budget source's excess emissions be revised either by a settlement or final conclusion of any administrative or judicial action, the department will act as follows:

a. In any instance where the department's determination of the extent of excess emissions was too low, the department will take further action under subdivisions 1 and 2 of this subsection to address the expanded violation.

b. In any instance where the department's determination of the extent of excess emissions was too high, the department will distribute to the relevant CO2 budget source a number of CO2 allowances equaling the number of CO2 allowances deducted which are attributable to the difference between the original and final quantity of excess emissions. Should such CO2 budget source's compliance account no longer exist, the CO2 allowances will 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 or its agent will record in the appropriate compliance account all deductions from such an account pursuant to subsections B and D of this section.

F. Action by the department on submissions shall be as follows:

1. The department may review and conduct independent audits concerning any submission under the CO2 Budget Trading Program and make appropriate adjustments of the information in the submissions.

2. The department may deduct CO2 allowances from or transfer CO2 allowances to a source's compliance account based on information in the submissions, as adjusted under subdivision 1 of this subsection.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6270. Banking.

Each CO2 allowance that is held in a compliance account or a general account will remain in such account unless and until the CO2 allowance is deducted or transferred under 9VAC5-140-6180, 9VAC5-140-6260, 9VAC5-140-6280, or Article 7 (9VAC5-140-6300 et seq.) of this part.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6280. Account error.

The department or its agent may, at its sole discretion and on its own motion, correct any error in any COATS account. Within 10 business days of making such correction, the department or its agent will notify the CO2 authorized account representative for the account.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6290. Closing of general accounts.

A. A CO2 authorized account representative of a general account may instruct the department or its agent to close the account by submitting a statement requesting deletion of the account from the COATS and by correctly submitting for recordation under 9VAC5-140-6300 a CO2 allowance transfer of all CO2 allowances in the account to one or more other COATS accounts.

B. If a general account shows no activity for a period of one year or more and does not contain any CO2 allowances, the department or its agent may notify the CO2 authorized account representative for the account that the account will be closed in the COATS 30 business days after the notice is sent. The account will be closed after the 30-day period unless before the end of the 30-day period the department or its agent receives a correctly submitted transfer of CO2 allowances into the account under 9VAC5-140-6300 or a statement submitted by the CO2 authorized account representative demonstrating to the satisfaction of the department or its agent good cause as to why the account should not be closed. The department or its agent will have sole discretion to determine if the owner or operator of the unit demonstrated that the account should not be closed.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

Article 7
CO2 Allowance Transfers

9VAC5-140-6300. Submission of CO2 allowance transfers.

The CO2 authorized account representatives seeking recordation of a CO2 allowance transfer shall submit the transfer to the department or its agent. To be considered correctly submitted, the CO2 allowance transfer shall include the following elements in a format specified by the department or its agent:

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 authorized account representative 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 subdivision 4 of this section.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6310. Recordation.

A. Within five business days of receiving a CO2 allowance transfer, except as provided in subsection B of this section, the department or its agent will record a CO2 allowance transfer by moving each CO2 allowance from the transferor account to the transferee account as specified by the request, provided that:

1. The transfer is correctly submitted under 9VAC5-140-6300; and

2. The transferor account includes each CO2 allowance identified by serial number in the transfer.

B. A CO2 allowance transfer into or out of a compliance account that is submitted for recordation following the CO2 allowance transfer deadline and that includes any CO2 allowances that are of allocation years that fall within a control period prior to or the same as the control period to which the CO2 allowance transfer deadline applies will not be recorded until after completion of the process pursuant to 9VAC5-140-6260 B.

C. Where a CO2 allowance transfer submitted for recordation fails to meet the requirements of subsection A of this section, the department or its agent will not record such transfer.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6320. Notification.

A. Within five business days of recordation of a CO2 allowance transfer under 9VAC5-140-6310, the department or its agent will notify each party to the transfer. Notice will be given to the CO2 authorized account representatives of both the transferor and transferee accounts.

B. Within 10 business days of receipt of a CO2 allowance transfer that fails to meet the requirements of 9VAC5-140-6310 A, the department or its agent will notify the CO2 authorized account representatives of both accounts subject to the transfer of (i) a decision not to record the transfer and (ii) the reasons for such nonrecordation.

C. Nothing in this section shall preclude the submission of a CO2 allowance transfer for recordation following notification of nonrecordation.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6325. Life-of-the-unit contractual arrangements.

A. A power purchaser entered into a life-of-the-unit contractual arrangement as described in subdivision b of the definition of "life-of-the-unit contractual arrangement" with a CO2 budget source or unit shall be responsible for acquiring and transferring all allowances to the CO2 budget source or unit that are necessary for demonstrating compliance with the CO2 budget trading program.

B. The CO2 budget source or unit shall provide a copy of the energy conversion or energy tolling agreement to the department within six months of July 10, 2020. If such agreement is subject to third-party disclosure restrictions, the CO2 budget source or unit shall provide purchaser within 10 days prior written notice of its intention to disclose the agreement to the department and request confidential treatment from the public disclosure of such agreement. The department will grant a request for confidential treatment pursuant to applicable statutory and regulatory requirements addressing confidential information.

C. The CO2 budget source or unit shall be responsible for compliance with and otherwise be subject to all other requirements of this part and the CO2 budget trading program.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

Article 8
Monitoring, Reporting, and Recordkeeping

9VAC5-140-6330. General requirements.

A. The owners and operators, and to the extent applicable, the CO2 authorized account representative of a CO2 budget unit shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this section and all applicable sections of 40 CFR Part 75. Where referenced in this article, the monitoring requirements of 40 CFR Part 75 shall be adhered to in a manner consistent with the purpose of monitoring and reporting CO2 mass emissions pursuant to this part. For purposes of complying with such requirements, the definitions in 9VAC5-140-6020 and in 40 CFR 72.2 shall apply, and the terms "affected unit," "designated representative," and "CEMS" in 40 CFR Part 75 shall be replaced by the terms "CO2 budget unit," "CO2 authorized account representative," and "CEMS," respectively, as defined in 9VAC5-140-6020. For units not subject to an Acid Rain emissions limitation, the term "administrator" in 40 CFR Part 75 shall be replaced with "the department or its agent." 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 CFR 75.72(b)(2)(ii), or 40 CFR 75.16 (b)(2)(ii)(B) pursuant to 40 CFR 75.13, for purposes of complying with this part, shall monitor and report CO2 mass emissions from such non-CO2 budget units according to the procedures for CO2 budget units established in this article.

B. The owner or operator of each CO2 budget unit shall meet the following general requirements for installation, certification, and data accounting.

1. Install all monitoring systems necessary to monitor CO2 mass emissions in accordance with 40 CFR Part 75, except for equation G-1. Equation G-1 in Appendix G shall not be used to determine CO2 emissions under this part. This may require systems to monitor CO2 concentration, stack gas flow rate, O2 concentration, heat input, and fuel flow rate.

2. Successfully complete all certification tests required under 9VAC5-140-6340 and meet all other requirements of this section and 40 CFR Part 75 applicable to the monitoring systems under subdivision 1 of this subsection.

3. Record, report, and quality-assure the data from the monitoring systems under subdivision 1 of this subsection.

C. The owner or operator shall meet the monitoring system certification and other requirements of subsection B of this section on or before the following dates. The owner or operator shall record, report, and quality-assure the data from the monitoring systems under subdivision B 1 of this section on and after the following dates:

1. The owner or operator of a CO2 budget unit, except for a CO2 budget unit under subdivision 2 of this subsection, shall comply with the requirements of this section by January 1, 2021.

2. The owner or operator of a CO2 budget unit that commences commercial operation July 1, 2021, shall comply with the requirements of this section by (i) January 1, 2022, or (ii) the earlier of 90 unit operating days after the date on which the unit commences commercial operation or 180 calendar days after the date on which the unit commences commercial operation.

3. 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 subdivision 1 or 2 of this subsection by the earlier of (i) 90 unit operating days after the date on which emissions first exit to the atmosphere through the new stack or flue or (ii) 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue.

D. Data shall be reported as follows:

1. Except as provided in subdivision 2 of this subsection, the owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in subsection C of this section for any monitoring system under subdivision B 1 of this section shall, for each such monitoring system, determine, record, and report maximum potential, or as appropriate minimum potential, values for CO2 concentration, CO2 emissions rate, stack gas moisture content, fuel flow rate, heat input, and any other parameter required to determine CO2 mass emissions in accordance with 40 CFR 75.31(b)(2) or (c)(3) or Section 2.4 of Appendix D of 40 CFR Part 75 as applicable.

2. The owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in subdivision C 3 of this section for any monitoring system under subdivision B 1 of this section shall, for each such monitoring system, determine, record, and report substitute data using the applicable missing data procedures in Subpart D, or Appendix D of 40 CFR Part 75, in lieu of the maximum potential, or as appropriate minimum potential, values for a parameter if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation under subdivision C 3 of this section.

a. CO2 budget units subject to an Acid Rain emissions limitation or CSAPR NOX Ozone Season Trading Program that qualify for the optional SO2, NOX, and CO2 (for Acid Rain) or NOX (for CSAPR NOX Ozone Season Trading Program) emissions calculations for low mass emissions (LME) units under 40 CFR 75.19 and report emissions for such programs using the calculations under 40 CFR 75.19, shall also use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with these regulations.

b. CO2 budget units subject to an Acid Rain emissions limitation that do not qualify for the optional SO2, NOX, and CO2 (for Acid Rain) or NOX (for CSAPR NOX Ozone Season Trading Program) emissions calculations for LME units under 40 CFR 75.19 shall not use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with these regulations.

c. CO2 budget units not subject to an Acid Rain emissions limitation shall qualify for the optional CO2 emissions calculation for LME units under 40 CFR 75.19, provided that they emit less than 100 tons of NOX annually and no more than 25 tons of SO2 annually.

3. The owner or operator of a CO2 budget unit shall report net-electric output data to the department as required by Article 5 (9VAC5-140-6190 et seq.) of this part.

E. Prohibitions shall be as follows.

1. 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 CEMS without having obtained prior written approval in accordance with 9VAC5-140-6380.

2. 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 this article and 40 CFR Part 75.

3. No owner or operator of a CO2 budget unit shall disrupt the CEMS, 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 or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this article and 40 CFR Part 75.

4. No owner or operator of a CO2 budget unit shall retire or permanently discontinue use of the CEMS, any component thereof, or any other approved emissions monitoring system under this article, except under any one of the following circumstances:

a. The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this article and 40 CFR Part 75, by the department for use at that unit that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system; or

b. The CO2 authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with 9VAC5-140-6340 D 3 a.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6340. Initial certification and recertification procedures.

A. The owner or operator of a CO2 budget unit shall be exempt from the initial certification requirements of this section for a monitoring system under 9VAC5-140-6330 B 1 if the following conditions are met:

1. The monitoring system has been previously certified in accordance with 40 CFR Part 75; and

2. The applicable quality-assurance and quality-control requirements of 40 CFR 75.21 and Appendix B and Appendix D of 40 CFR Part 75 are fully met for the certified monitoring system described in subdivision 1 of this subsection.

B. The recertification provisions of this section shall apply to a monitoring system under 9VAC5-140-6330 B 1 exempt from initial certification requirements under subsection A of this section.

C. Notwithstanding subsection A of this section, if the administrator has previously approved a petition under 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16(b)(2)(ii)(B) as pursuant to 40 CFR 75.13 for apportioning the CO2 emissions rate measured in a common stack or a petition under 40 CFR 75.66 for an alternative requirement in 40 CFR Part 75, the CO2 authorized account representative shall submit the petition to the department under 9VAC5-140-6380 A to determine whether the approval applies under this program.

D. Except as provided in subsection A of this section, the owner or operator of a CO2 budget unit shall comply with the following initial certification and recertification procedures for a CEMS and an excepted monitoring system under Appendix D of 40 CFR Part 75 and under 9VAC5-140-6330 B 1. The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology in 40 CFR 75.19 or that qualifies to use an alternative monitoring system under Subpart E of 40 CFR Part 75 shall comply with the procedures in subsection E or F of this section, respectively.

1. For initial certification, the owner or operator shall ensure that each CEMS required under 9VAC5-140-6330 B 1, which includes the automated DAHS, successfully completes all of the initial certification testing required under 40 CFR 75.20 by the applicable deadlines specified in 9VAC5-140-6330 C. In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this article in a location where no such monitoring system was previously installed, initial certification in accordance with 40 CFR 75.20 is required.

2. For recertification, the following requirements shall apply.

a. Whenever the owner or operator makes a replacement, modification, or change in a certified CEMS under 9VAC5-140-6330 B 1 that the administrator or the department determines significantly affects the ability of the system to accurately measure or record CO2 mass emissions or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or Appendix B to 40 CFR Part 75, the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b).

b. For systems using stack measurements such as stack flow, stack moisture content, CO2 or O2 monitors, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that the administrator or the department determines to significantly change the flow or concentration profile, the owner or operator shall recertify the CEMS according to 40 CFR 75.20(b). Examples of changes that require recertification include replacement of the analyzer, change in location or orientation of the sampling probe or site, or change of flow rate monitor polynomial coefficients.

3. The approval process for initial certifications and recertification shall be as follows: subdivisions 3 a through 3 d of this subsection apply to both initial certification and recertification of a monitoring system under 9VAC5-140-6330 B 1. For recertifications, replace the words "certification" and "initial certification" with the word "recertification," replace the word "certified" with "recertified," and proceed in the manner prescribed in 40 CFR 75.20(b)(5) and (g)(7) in lieu of subdivision 3 e of this subsection.

a. The CO2 authorized account representative shall submit to the department or its agent, the appropriate EPA Regional Office and the administrator a written notice of the dates of certification in accordance with 9VAC5-140-6360.

b. The CO2 authorized account representative shall submit to the department or its agent a certification application for each monitoring system. A complete certification application shall include the information specified in 40 CFR 75.63.

c. The provisional certification date for a monitor shall be determined in accordance with 40 CFR 75.20(a)(3). 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 under subdivision 3 b of this subsection. Data measured and recorded by the provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 CFR Part 75, will be considered valid quality-assured data, retroactive to the date and time of provisional certification, provided that the department does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of receipt of the complete certification application by the department.

d. The department will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under subdivision 3 b of this subsection. In the event the department does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of 40 CFR Part 75 and is included in the certification application will be deemed certified for use under the CO2 Budget Trading Program.

(1) If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR Part 75, then the department will issue a written notice of approval of the certification application within 120 days of receipt.

(2) If the certification application is incomplete, then the department will issue a written notice of incompleteness that sets a reasonable date by which the CO2 authorized account representative shall submit the additional information required to complete the certification application. If the CO2 authorized account representative does not comply with the notice of incompleteness by the specified date, then the department may issue a notice of disapproval under subdivision 3 d (3) of this subsection. The 120-day review period shall not begin before receipt of a complete certification application.

(3) If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of 40 CFR Part 75, or if the certification application is incomplete and the requirement for disapproval under subdivision 3 d (2) of this subsection is met, then the department will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the department and the data measured and recorded by each uncertified monitoring system or component thereof shall not be considered valid quality assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in subdivision 3 e of this subsection for each monitoring system or component thereof, which is disapproved for initial certification.

(4) The department may issue a notice of disapproval of the certification status of a monitor in accordance with 9VAC5-140-6350 B.

e. If the department issues a notice of disapproval of a certification application under subdivision 3 d (3) of this subsection or a notice of disapproval of certification status under subdivision 3 d (3) of this subsection, then:

(1) The owner or operator shall substitute the following values for each disapproved monitoring system, for each hour of unit operation during the period of invalid data beginning with the date and hour of provisional certification and continuing until the time, date, and hour specified under 40 CFR 75.20(a)(5)(i) or 40 CFR 75.20(g)(7): (i) 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 CFR 75.19, the maximum potential hourly heat input of the unit; or (ii) 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 CFR Part 75;

(2) The CO2 authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subdivisions 3 a and 3 b of this subsection; and

(3) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the department's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

E. The owner or operator of a unit qualified to use the low mass emissions excepted methodology under 9VAC5-140-6330 D 3 shall meet the applicable certification and recertification requirements of 40 CFR 75.19(a)(2), 40 CFR 75.20(h), and this section. 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 CFR 75.20(g).

F. The CO2 authorized account 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 CFR Part 75 shall comply with the applicable notification and application procedures of 40 CFR 75.20(f).

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6350. Out-of-control periods.

A. Whenever any monitoring system fails to meet the quality assurance/quality control (QA/QC) requirements or data validation requirements of 40 CFR Part 75, data shall be substituted using the applicable procedures in Subpart D or Appendix D of 40 CFR Part 75.

B. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under 9VAC5-140-6340 or the applicable provisions of 40 CFR Part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the department or administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this subsection, an audit shall be either a field audit or an audit of any information submitted to the department or the administrator. By issuing the notice of disapproval, the department or administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the initial certification or recertification procedures in 9VAC5-140-6340 for each disapproved monitoring system.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6360. Notifications.

The CO2 authorized account representative for a CO2 budget unit shall submit written notice to the department and the administrator in accordance with 40 CFR 75.61.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6370. Recordkeeping and reporting.

A. The CO2 authorized account representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements under 40 CFR 75.73, and the requirements of 9VAC5-140-6080 E.

B. The owner or operator of a CO2 budget unit shall submit a monitoring plan in the manner prescribed in 40 CFR 75.62.

C. The CO2 authorized account representative shall submit an application to the department within 45 days after completing all CO2 monitoring system initial certification or recertification tests required under 9VAC5-140-6340, including the information required under 40 CFR 75.63 and 40 CFR 75.53(e) and (f).

D. The CO2 authorized account representative shall submit quarterly reports, as follows:

1. The CO2 authorized account representative shall report the CO2 mass emissions data for the CO2 budget unit, in an electronic format prescribed by the department unless otherwise prescribed by the department for each calendar quarter.

2. The CO2 authorized account representative shall submit each quarterly report to the department or its agent within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in Subpart H of 40 CFR Part 75 and 40 CFR 75.64. Quarterly reports shall be submitted for each CO2 budget unit, or group of units using a common stack, and shall include all of the data and information required in Subpart G of 40 CFR Part 75, except for opacity, heat input, NOX, and SO2 provisions.

3. The CO2 authorized account representative shall submit to the department or its agent a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification shall state that:

a. The monitoring data submitted were recorded in accordance with the applicable requirements of this article and 40 CFR Part 75, including the quality assurance procedures and specifications;

b. For a unit with add-on CO2 emissions controls and for all hours where data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emissions controls were operating within the range of parameters listed in the QA/QC program under Appendix B of 40 CFR Part 75 and the substitute values do not systematically underestimate CO2 emissions; and

c. The CO2 concentration values substituted for missing data under Subpart D of 40 CFR Part 75 do not systematically underestimate CO2 emissions.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6380. Petitions.

A. Except as provided in subsection C of this section, the CO2 authorized account representative of a CO2 budget unit that is subject to an Acid Rain emissions limitation may submit a petition to the administrator under 40 CFR 75.66 and to the department requesting approval to apply an alternative to any requirement of 40 CFR Part 75. Application of an alternative to any requirement of 40 CFR Part 75 is in accordance with this article only to the extent that the petition is approved in writing by the administrator, and subsequently approved in writing by the department.

B. Petitions for a CO2 budget unit that is not subject to an Acid Rain emissions limitation shall meet the following requirements.

1. The CO2 authorized account representative of a CO2 budget unit that is not subject to an Acid Rain emissions limitation may submit a petition to the administrator under 40 CFR 75.66 and to the department requesting approval to apply an alternative to any requirement of 40 CFR Part 75. Application of an alternative to any requirement of 40 CFR Part 75 is in accordance with this article only to the extent that the petition is approved in writing by the administrator and subsequently approved in writing by the department.

2. In the event that the administrator declines to review a petition under subdivision 1 of this subsection, the CO2 authorized account representative 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 this article. That petition shall contain all of the relevant information specified in 40 CFR 75.66. Application of an alternative to any requirement of this article is in accordance with this article only to the extent that the petition is approved in writing by the department.

C. The CO2 authorized account representative of a CO2 budget unit that is subject to an Acid Rain emissions limitation may submit a petition to the administrator under 40 CFR 75.66 and to the department requesting approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 or a CO2 concentration CEMS used under 40 CFR 75.71(a)(2). Application of an alternative to any such requirement is in accordance with this article only to the extent the petition is approved in writing by the administrator and subsequently approved in writing by the department.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6390. (Reserved.)

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6400. (Reserved.)

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

Article 9
Auction of CO2 CCR and ECR Allowances

9VAC5-140-6410. Purpose.

The following requirements shall apply to each allowance auction. The department or its agent may specify additional information in the auction notice for each auction. Such additional information may include the time and location of the auction, auction rules, registration deadlines, and any additional information deemed necessary or useful.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.

9VAC5-140-6420. General requirements.

A. The department's agent will include the following information in the auction notice for each auction:

1. The number of CO2 allowances offered for sale at the auction, not including any CO2 CCR allowances;

2. The number of CO2 CCR allowances that will be offered for sale at the auction if the condition of subdivision B 1 of this section is met;

3. The minimum reserve price for the auction;

4. The CCR trigger price for the auction;

5. The maximum number of CO2 allowances that may be withheld from sale at the auction if the condition of subdivision D 1 of this section is met; and

6. The ECR trigger price for the auction.

B. The department's agent will follow these rules for the sale of CO2 CCR allowances.

1. CO2 CCR allowances shall only be sold at an auction in which total demand for allowances, above the CCR trigger price, exceeds the number of CO2 allowances available for purchase at the auction, not including any CO2 CCR allowances.

2. If the condition of subdivision 1 of this subsection is met at an auction, then the number of CO2 CCR allowances offered for sale by the department or its agent at the auction shall be equal to the number of CO2 CCR allowances in the Virginia Auction Account at the time of the auction.

3. After all of the CO2 CCR allowances in the Virginia Auction Account have been sold in a given calendar year, no additional CO2 CCR allowances will be sold at any auction for the remainder of that calendar year, even if the condition of subdivision 1 of this subsection is met at an auction.

4. At an auction in which CO2 CCR allowances are sold, the reserve price for the auction shall be the CCR trigger price.

5. If the condition of subdivision 1 of this subsection is not satisfied, no CO2 CCR allowances shall be offered for sale at the auction, and the reserve price for the auction shall be equal to the minimum reserve price.

C. The department's agent shall implement the reserve price as follows: (i) no allowances shall be sold at any auction for a price below the reserve price for that auction and (ii) if the total demand for allowances at an auction is less than or equal to the total number of allowances made available for sale in that auction, then the auction clearing price for the auction shall be the reserve price.

D. The department's agent will meet the following rules for the withholding of CO2 ECR allowances from an auction.

1. CO2 ECR allowances shall only be withheld from an auction if the demand for allowances would result in an auction clearing price that is less than the ECR trigger price prior to the withholding from the auction of any ECR allowances.

2. If the condition in subdivision 1 of this subsection is met at an auction, then the maximum number of CO2 ECR allowances that may be withheld from that auction will be equal to the quantity shown in Table 140-5B of 9VAC5-140-6210 E minus the total quantity of CO2 ECR allowances that have been withheld from any prior auction in that calendar year. Any CO2 ECR allowances withheld from an auction will be transferred into the Virginia ECR Account.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; amended, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6430. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; repealed, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

9VAC5-140-6435. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; repealed, Virginia Register Volume 36, Issue 25, eff. July 10, 2020.

Article 10
Program Monitoring and Review

9VAC5-140-6440. Program monitoring and review.

In conjunction with the CO2 Budget Trading Program program monitoring and review process, the department will evaluate impacts of the program specific to Virginia, including economic, energy, and environmental impacts and impacts on vulnerable and environmental justice and underserved communities. The department will, in evaluating the impacts on environmental justice communities, including low income, minority, and tribal communities, develop and implement a plan to ensure increased participation of environmental justice communities in the review.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019.



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