25 Pa. Code § 145.222 - CAIR NO[x] Ozone Season allowance allocations
(a)
Provisions not incorporated by
reference. The requirements of
40 CFR
96.342 (relating to CAIR NOx Ozone Season
allowance allocations) are not incorporated by reference. Instead of
40 CFR
96.342, the requirements in this section
apply.
(b)
Baseline heat
input. Baseline heat input for each CAIR NOx Ozone Season unit will be
converted as follows:
(1) A unit's control
period heat input and a unit's status as coal-fired or oil-fired for the ozone
season portion of a calendar year under this paragraph will be determined in
one of the following two ways:
(i) In
accordance with 40 CFR Part 75 (relating to continuous emission monitoring), to
the extent that the unit was otherwise subject to the requirements of 40 CFR
Part 75 for the control period.
(ii) Based on the best available data
reported to the Department for the unit, to the extent the unit was not
otherwise subject to the requirements of 40 CFR Part 75 for the
year.
(2) Except as
provided in subparagraphs (iv) and (v), a unit's converted control period heat
input for the ozone season portion of a calendar year shall be determined as
follows:
(i) The control period gross
electrical output of the generators served by the unit multiplied by 7,900
Btu/kWh if the unit is coal-fired for the ozone season control period, and
divided by 1,000,000 Btu/mmBtu.
(ii) The control period gross electrical
output of the generators served by the unit multiplied by 6,675 Btu/kWh if the
unit is not coal-fired for the ozone season control period, and divided by
1,000,000 Btu/mmBtu.
(iii) If a
generator is served by 2 or more units, the gross electrical output of the
generator will be attributed to each unit in proportion to the share of the
total control period heat input from each of the units for the ozone season
control period.
(iv) For a unit
that is a boiler and has equipment used to produce electricity and useful
thermal energy for industrial, commercial, heating or cooling purposes through
the sequential use of energy, the total heat energy (in Btus) of the steam
produced by the boiler during the ozone season control period, divided by 0.8
and by 1,000,000 Btu/mmBtu.
(v) For
a unit that is a combustion turbine and has equipment used to produce
electricity and useful thermal energy for industrial, commercial, heating or
cooling purposes through the sequential use of energy, the control period gross
electrical output of the enclosed device comprising the compressor, combustor
and turbine multiplied by 3,413 Btu/kWh, plus the total heat energy (in Btu) of
the steam produced by any associated heat recovery steam generator during the
ozone season control period divided by 0.8, and with the sum divided by
1,000,000 Btu/mmBtu.
(vi)
Calculations will be based on the best output data available on or before
January 31 of the year the allocations are published. If unit level electrical
or steam output data are not available from EIA, or submitted by this date by
the owner or operator of the CAIR NOx Ozone Season unit, then heat input data
for the period multiplied by 0.25 and converted to MWh will be used to
determine total output.
(c)
Existing unit, new unit and
subsection (f)(1) qualifying resource allocation baseline. For each
control period beginning with the 2010 control period and thereafter, the
Department will allocate to qualifying resources and CAIR NOx Ozone Season
units, including CAIR NOx Ozone Season units issued allowances under subsection
(e), a total amount of CAIR NOx Ozone Season allowances equal to the number of
CAIR NOx Ozone Season allowances remaining in the Commonwealth's CAIR NOx Ozone
Season trading budget under 40 CFR 96.140 (relating to State
trading budgets) for those control periods using summed baseline heat input
data as determined under subsections (b) and (f)(1) from an ozone season
control period in a baseline year that is 6 calendar years before the control
period.
(d)
Proration of
allowance allocations. The Department will allocate CAIR NOx Ozone
Season allowances to each existing CAIR NOx Ozone Season unit and qualifying
resource in an amount determined by multiplying the amount of CAIR NOx Ozone
Season allowances in the Commonwealth's CAIR NOx Ozone Season trading budget
available for allocation under subsection (c) by the ratio of the baseline heat
input of the existing CAIR NOx Ozone Season unit or qualifying resource to the
sums of the baseline heat input of existing CAIR NOx Ozone Season units and of
the qualifying resources, rounding to the nearest whole allowance as
appropriate.
(e)
Allocations to new CAIR NOx Ozone Season units. By March 31,
2011, and March 31 each year thereafter, the Department will allocate CAIR NOx
Ozone Season allowances under §
145.221(c)
(relating to timing requirements for CAIR NOx Ozone Season allowance
allocations) to CAIR NOx Ozone Season units equal to the previous year's
emissions at each unit, unless the unit has been issued allowances of the
previous year's vintage in a regular allocation under §
145.221(b). The
Department will allocate CAIR NOx allowances under this subsection of a vintage
year that is 5 years later than the year in which the emissions were generated.
The number of CAIR NOx Ozone Season allowances allocated shall not exceed the
actual emission of the year preceding the year in which the Department makes
the allocation. The allocation of these allowances to the new unit will not
reduce the number of allowances the unit is entitled to receive under another
provision of this subchapter.
(f)
Allocations to qualifying resources. For each control period
beginning with the 2010 control period, and thereafter, the Department will
allocate CAIR NOx Ozone Season allowances to qualifying resources in this
Commonwealth that are not also allocated CAIR NOx Ozone Season allowances under
another provision of this subchapter, as follows:
(1) The Department will allocate CAIR NOx
Ozone Season allowances to a renewable energy qualifying resource or demand
side management energy efficiency qualifying resource in accordance with
subsections (c) and (d) upon receipt by the Department of an application, in
writing, on or before June 30 of the year following the control period, except
for vintage year 2011 and 2012 NOx Ozone Season allowance allocations whose
application deadline will be prescribed by the Department, meeting the
requirements of this paragraph. The number of allowances allocated to the
qualifying resource will be determined by converting the certified quantity of
electric energy production, useful thermal energy, and energy equivalent value
of the measures approved under the Pennsylvania Alternative Energy Portfolio
Standard to equivalent thermal energy. Equivalent thermal energy is a unit's
baseline heat input for allocation purposes. The conversion rate for converting
electrical energy to equivalent thermal energy is 3,413 Btu/kWh. To receive
allowances under this subsection, the qualifying resource must have commenced
operation after January 1, 2005, must be located in this Commonwealth and may
not be a CAIR NOx Ozone Season unit. The following procedures apply:
(i) The owner of a qualifying renewable
energy resource shall appoint a CAIR-authorized account representative and file
a certificate of representation with the EPA and the Department.
(ii) The Department will transfer the
allowances into an account designated by the owner's CAIR-authorized account
representative of the qualifying resource, or into an account designated by an
aggregator approved by the Pennsylvania Public Utility Commission or its
designee.
(iii) The applicant shall
provide the Department with the corresponding renewable energy certificate
serial numbers.
(iv) At least one
whole allowance must be generated per owner, operator or aggregator for an
allowance to be issued.
(g) The Department will correct any errors in
allocations made by the Department and discovered after final allocations are
made but before the next allocation cycle, in the subsequent allocation cycle
using future allowances that have not yet been allocated.
Notes
This section cited in 25 Pa. Code § 145.221 (relating to timing requirements for CAIR NOx Ozone Season allowance allocations).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.