020-14 Wyo. Code R. §§ 14-2 - Western Backstop Sulfur Dioxide Trading Program
(a)
Definitions. The following additional definitions apply to Section 2 of this
chapter.
"Account Representative" means the individual who is authorized through a Certificate to represent owners and operators of the WEB source with regard to matters under the WEB Trading Program or, for a general account, who is authorized through a Certificate to represent the persons having an ownership interest in allowances in the general account with regard to matters concerning the general account.
"Act" means the federal Clean Air Act, as amended 42 U.S.C. 7401, et seq.
"Actual Emissions" means total annual sulfur dioxide emissions determined in accordance with Section 2(h) of this chapter or determined in accordance with Section 3 of this chapter for sources that are not subject to Section 2(h) of this chapter.
"Allocate" means to assign allowances to a WEB source in accordance with Part C1 of Section C of the Wyoming Regional Haze SIP (WYRHSIP).
"Allowance" means the limited authorization under the WEB Trading Program to emit one ton of sulfur dioxide during a specified control period or any control period thereafter subject to the terms and conditions for use of unused allowances as established by Section 2 of this chapter.
"Allowance limitation" means the tonnage of sulfur dioxide emissions authorized by the allowances available for compliance deduction for a WEB source under Section 2(k) of this chapter on the allowance transfer deadline for each control period.
"Allowance Tracking System" means the system where allowances under the WEB Trading Program are recorded, held, transferred and deducted.
"Allowance Tracking System account" means an account in the Allowance Tracking System established for purposes of recording, holding, transferring, and deducting allowances.
"Allowance transfer deadline" means the deadline established in Section 2(i)(ii) of this chapter when allowances must be submitted for recording in a WEB source's compliance account in order to demonstrate compliance for that control period.
"Best Available Retrofit Technology (BART)" means that emission reduction control device, facility, method, or system, used to achieve the best continuous emission reduction for each pollutant emitted by an existing stationary facility. The emission limitation shall be established on a case-by-case basis taking into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.
"Certificate" means the completed and signed submission required to designate an account representative for a WEB source or an account representative for a general account.
"Compliance account" means an account established in the Allowance Tracking System under Section 2(g)(i) of this chapter for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation.
"Compliance certification" means a submission to the Wyoming Department of Environmental Quality (Department) by the account representative as required under Section 2(k)(ii) of this chapter to report a WEB source's compliance or noncompliance with Chapter 14, Section 2.
"Control period" means the period beginning January 1 of each year and ending on December 31 of the same year, inclusive.
"Emissions tracking database" means the central database where sulfur dioxide emissions for WEB sources as recorded and reported in accordance with Section 2 of this chapter are tracked to determine compliance with allowance limitations.
"Emission unit" means any part of a stationary source that emits or would have the potential to emit any pollutant subject to regulations under the Act.
"Existing source" means a stationary source that commenced operation before the program trigger date.
"General account" means an account established in the Allowance Tracking System under Section 2(g) of this chapter for the purpose of recording allowances held by a person that are not to be used to show compliance with an allowance limitation.
"Milestone" means the maximum level of stationary source regional sulfur dioxide emissions for each year from 2003 to 2018, established according to the procedures in Part A1 of Section C of the WYRHSIP.
"New WEB Source" means a WEB source that commenced operation on or after the program trigger date.
"New Source Set-aside" means a pool of allowances that are available for allocation to new sources in accordance with the provisions of Part C1.3 of Section C of the WYRHSIP.
"Owner or Operator" means any person who is an owner or who operates, controls or supervises a WEB source, and includes but is not limited to any holding company, utility system or plant manager.
"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation is enforceable by the EPA Administrator.
"Program trigger date" means the date that the Department determines that the WEB Trading Program has been triggered in accordance with the provisions of Part A3 of Section C of the WYRHSIP.
"Program trigger years" means the years shown in Part A1 of Section C of the WYRHSIP, Table 1, column 3 for the applicable milestone if the WEB Trading Program is triggered as described in Part A3 of Section C of the WYRHSIP.
"Renewable Energy Resource" means a resource that generates electricity by non-nuclear and non-fossil technologies that results in low or no air emissions. The term includes electricity generated by wind energy technologies; solar photovoltaic and solar thermal technologies; geothermal technologies; technologies based on landfill gas and biomass sources, and new low-impact hydropower that meets the Low-Impact Hydropower Institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include pumped storage or biomass from municipal solid waste, black liquor, or treated wood.
"Retired source" means a WEB source that has received a retired source exemption as provided in Section 2(c)(iv) of this chapter. Any retired source resuming operations under Section 2(c)(iv) of this chapter, must submit its exemption as part of its registration materials.
"Serial number" means, when referring to allowances, the unique identification number assigned to each allowance by the TSA, in accordance with Section 2(f)(ii) of this chapter.
"Special Reserve Compliance Account" means an account established in the allowance tracking system under Section 2(g)(i) for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation for emission units that are monitored for SO2 in accordance with Section 2(h)(i)(B).
"Stationary source" means any building, structure, facility or installation that emits or may emit any air pollutant subject to regulation under the Act.
"Submit" means sent to the appropriate authority under the signature of the account representative. For purposes of determining when something is submitted, an official U.S. Postal Service postmark, or equivalent electronic time stamp, shall establish the date of submittal.
"Sulfur dioxide emitting unit" means any equipment that is located at a WEB source and that emits sulfur dioxide.
"Ton" means 2000 pounds and any fraction of a ton equaling 1000 pounds or more shall be treated as one ton and any fraction of a ton equaling less than 1000 pounds shall be treated as zero tons.
"Tracking System Administrator (TSA)" means the person designated by the Department as the administrator of the Allowance Tracking System and the emission tracking database.
"WEB source" means a stationary Western Backstop (WEB) source that meets the applicability requirements of Section 2(c) of this chapter.
"WEB Trading Program" means Section 2 of this chapter, triggered as a backstop in accordance with the provisions in Part A3 of Section C of the WYRHSIP, if necessary, to ensure that regional sulfur dioxide emissions are reduced.
"WYRHSIP" means the Wyoming Regional Haze State Implementation Plan.
(b) WEB Trading Program Trigger.
(i) Except as provided in (ii), the
provisions of Section 2 of this chapter shall apply on the program trigger date
that is established in accordance with the procedures in Part A3 of Section C
of the WYRHSIP.
(c) WEB Trading Program Applicability.
(i) General Applicability. Section 2 of this
Chapter applies to any stationary source or group of stationary sources that
are located on one or more contiguous or adjacent properties and which are
under the control of the same person or persons under common control, belonging
to the same industrial grouping, and that are described in paragraphs (A) and
(B) of this subsection. A stationary source or group of stationary sources
shall be considered part of a single industrial grouping if all of the
pollutant emitting activities at such source or group of sources on contiguous
or adjacent properties belong to the same Major Group (i.e., all have the same
two-digit code) as described in the Standard Industrial Classification Manual,
1987.
(A) All stationary sources that have
actual sulfur dioxide emissions of 100 tons or more per year in the Program
Trigger Years or any subsequent year. The fugitive emissions of a stationary
source shall not be considered in determining whether it is subject to Section
2 of this chapter unless the source belongs to one of the following categories
of stationary source:
(I) Coal cleaning plants
(with thermal dryers);
(II) Kraft
pulp mills;
(III) Portland cement
plants;
(IV) Primary zinc
smelters;
(V) Iron and steel
mills;
(VI) Primary aluminum ore
reduction plants;
(VII) Primary
copper smelters;
(VIII) Municipal
incinerators capable of charging more than 250 tons of refuse per
day;
(IX) Hydrofluoric, sulfuric,
or nitric acid plants;
(X)
Petroleum refineries;
(XI) Lime
plants;
(XII) Phosphate rock
processing plants;
(XIII) Coke oven
batteries;
(XIV) Sulfur recovery
plants;
(XV) Carbon black plants
(furnace process);
(XVI) Primary
lead smelters;
(XVII) Fuel
conversion plants;
(XVIII)
Sintering plants;
(XIX) Secondary
metal production plants;
(XX)
Chemical process plants;
(XXI)
Fossil-fuel boilers (or combination thereof) totaling more than 250 million
British thermal units per hour heat input;
(XXII) Petroleum storage and transfer units
with a total storage capacity exceeding 300,000 barrels;
(XXIII) Taconite ore processing
plants;
(XXIV) Glass fiber
processing plants;
(XXV) Charcoal
production plants;
(XXVI)
Fossil-fuel-fired steam electric plants of more than 250 million British
thermal units per hour heat input; or
(XXVII) Any other stationary source category,
which as of August 7, 1980 is being regulated under Section 111 or 112 of the
Act.
(B) A new source
that begins operation after the program trigger date and has the potential to
emit 100 tons or more of sulfur dioxide per year.
(ii) The Department may determine on a
case-by-case basis, with concurrence from the EPA Administrator, that a
stationary source defined in 2(c)(i)(A) above that has not previously met the
applicability requirements of (i) is not subject to Section 2 of this chapter
if the stationary source had actual sulfur dioxide emissions of 100 tons or
more in a single year and in each of the previous five years had actual sulfur
dioxide emissions of less than 100 tons per year, and:
(A)
(I) The
emissions increase was due to a temporary emission increase that was caused by
a sudden, infrequent failure of air pollution control equipment, or process
equipment, or a failure to operate in a normal or usual manner, and
(II) The stationary source has corrected the
failure of air pollution equipment, process equipment, or process by the time
of the Department's determination; or
(B) The stationary source had to switch fuels
or feedstocks on a temporary basis and as a result of an emergency situation or
unique and unusual circumstances besides the cost of such fuels or
feedstocks.
(iii)
Duration of Applicability. Except as provided for in Section 2(c)(iv) of this
chapter, once a stationary source is subject to Section 2 of this chapter, it
will remain subject to it every year thereafter.
(iv) Retired Source Exemption.
(A) Application. Any WEB source that is
permanently retired shall apply for a retired source exemption. The WEB source
may only be considered permanently retired if all sulfur dioxide emitting units
at the source are permanently retired. The application shall contain the
following information:
(I) Identification of
the WEB source, including plant name and an appropriate identification code in
a format specified by the Department.
(II) Name of Account
Representative.
(III) Description
of the status of the WEB source, including the date that the WEB source was
permanently retired.
(IV) Signed
certification that the WEB source is permanently retired and will comply with
the requirements of Section 2(c)(iv) of this chapter.
(V) Verification that the WEB source has a
general account where any unused allowances or future allocations will be
recorded.
(B) Notice. The
retired source exemption becomes effective when the Department notifies the WEB
source that the retired source exemption has been granted.
(C) Responsibilities of Retired Sources.
(I) A retired source shall be exempt from
Section 2(h) and Section 2(k) of this chapter, except as provided
below.
(II) A retired source shall
not emit any sulfur dioxide after the date the retired source exemption is
issued.
(III) A WEB source shall
submit sulfur dioxide emissions reports, as required by Section 2(h) (viii) of
this chapter for any time period the source was operating prior to the
effective date of the retired source exemption. The retired source shall be
subject to the compliance provisions of Section 2(k) of this chapter, including
the requirement to hold allowances in the source's compliance account to cover
all sulfur dioxide emissions prior to the date the source was permanently
retired.
(IV) A retired source that
is still in existence but no longer emitting sulfur dioxide shall, for a period
of five years from the date the records are created, retain records
demonstrating the effective date of the retired source exemption for purposes
of Section 2 of this chapter.
(D) Resumption of Operations.
(I) Should a retired source desire to resume
operation, the retired source must submit registration materials as follows:
(1.) If the source is required to obtain a
construction permit under Wyoming Air Quality Regulations and Standards (WAQSR)
Chapter 6, Section 2 or an operating permit under WAQSR Chapter 6, Section 3
prior to resuming operation, then registration information as described in
Section 2(e)(i) of this chapter and a copy of the retired source exemption must
be submitted with the notice of intent under WAQSR Chapter 6, Section 2 or the
operating permit application required under WAQSR Chapter 6, Section
3;
(2.) If the source does not meet
the criteria of (1.), then registration information as described in Section
2(e)(i) of this chapter and a copy of the retired source exemption must be
submitted to the Department at least 90 days prior to resumption of
operation.
(II) The
retired source exemption shall automatically expire on the day the retired
source resumes operation.
(E) Loss of Future Allowances. A WEB source
that is permanently retired and that does not apply to the Department for a
retired source exemption within 90 days of the date that the source is
permanently retired shall forfeit any unused and future allowances. The
abandoned allowances shall be retired directly by the TSA.
(d) Account Representative for WEB
Sources.
(i) Each WEB source must identify one
account representative and may also identify an alternate account
representative who may act on behalf of the account representative. Any
representation, action, inaction or submission by the alternate account
representative will be deemed to be a representation, action, inaction or
submission by the account representative.
(ii) Identification and Certification of an
Account Representative.
(A) The account
representative and any alternate account representative shall be appointed by
an agreement that makes the representations, actions, inactions or submissions
of the account representative and any alternate binding on the owners and
operators of the WEB source.
(B)
The account representative shall submit to the Department and the TSA a signed
and dated Certificate that contains the following elements:
(I) Identification of the WEB source by plant
name, state and an appropriate identification code in a format specified by the
Department;
(II) The name, address,
e-mail (if available), telephone and facsimile number of the account
representative and any alternate;
(III) A list of owners and operators of the
WEB source;
(IV) Information to be
part of the emission tracking system database in accordance with Part A2.1 of
Section C of the WYRHSIP. The specific data elements shall be as specified by
the State of Wyoming to be consistent with the data system structure, and may
include basic facility information that may appear in other reports and notices
submitted by the WEB source, such as county location, industrial classification
codes, and similar general facility information.
(V) The following certification statement: "I
certify that I was selected as the account representative or alternate account
representative, as applicable, by an agreement binding on the owners and
operators of the WEB source. I certify that I have all the necessary authority
to carry out my duties and responsibilities under the WEB Trading Program on
behalf of the owners and operators of the WEB 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
regarding the WEB Trading Program."
(C) Upon receipt by the Department of the
completed certificate, the account representative and any alternate account
representative represents and, by his or her representations, actions,
inactions, or submissions, legally binds each owner and operator of the WEB
source in all matters pertaining to the WEB Trading Program. The owners and
operators shall be bound by any decision or order issued by the Department
regarding the WEB Trading Program.
(D) No WEB Allowance Tracking System account
shall be established for the WEB source until the TSA has received a complete
certificate. Once the account is established, the account representative shall
make all submissions concerning the account, including the deduction or
transfer of allowances.
(iii) Responsibilities.
(A) The responsibilities of the account
representative include, but are not limited to, the transferring of allowances
and the submission of monitoring plans, registrations, certification
applications, sulfur dioxide emissions data and compliance reports as required
by Section 2 of this chapter, and representing the source in all matters
pertaining to the WEB Trading Program.
(B) Each submission under this program shall
be signed and certified by the account representative for the WEB source. Each
submission shall include the following truth and accuracy certification
statement by the account representative:
(I)
"I am authorized to make this submission on behalf of the owners and operators
of the WEB source 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."
(iv) Changing the Account Representative or
Owners and Operators.
(A) Changes to the
Account Representative or the alternate Account Representative.
The account representative or alternate account representative may be changed at any time by sending a complete superseding certificate to the Department and the TSA under Section 2(d)(ii) of this chapter, with the change taking effect upon receipt of such certificate by the TSA. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representative or alternate prior to the time and date when the TSA receives the superseding certificate shall be binding on the new account representative and the owners and operators of the WEB source.
(B) Changes in
Owners and Operators.
(I) Within 30 days of
any change in the owners and operators of the WEB source, including the
addition of a new owner or operator, the account representative shall submit a
revised certificate amending the list of owners and operators to include such
change.
(II) In the event a new
owner or operator of a WEB source is not included in the list of owners and
operators submitted in the certificate, such new owner or operator shall be
deemed to be subject to and bound by the certificate, the representations,
actions, inactions, and submissions of the account representative of the WEB
source, and the decisions, orders, actions, and inactions of the Department as
if the new owner or operator were included in such list.
(e) Registration.
(i) Deadlines.
(A) Each source that is a WEB source on or
before the program trigger date shall register by submitting the initial
certificate required in Section 2(d)(ii) of this chapter to the Department no
later than 180 days after the program trigger date.
(B) Any existing source that becomes a WEB
source after the program trigger date shall register by submitting the initial
certificate required in Section 2(d)(ii) of this chapter to the Department by
September 30 of the year following the inventory year in which the source
exceeded the emission threshold.
(C) Any new WEB source shall register by
submitting the initial Certificate required in Section 2(d)(ii) of this chapter
to the Department prior to the commencement of operation.
(ii) Integration Into Permits.
(A) Any allocation, transfer or deduction of
allowance to or from the compliance account of a WEB source shall not require
revision of the WEB source's operating permit under WAQSR Chapter 6, Section
3.
(B) Any WEB source that is not
required to have a permit under WAQSR Chapter 6, Section 2 at any time after
Chapter 14 becomes effective must at all times possess a permit that includes
the requirements of Chapter 14. If it does not possess a Title V permit under
Chapter 6, Section 3, it may do so by obtaining or modifying a permit under
WAQSR Chapter 6, Section 2 to incorporate the requirements of Chapter 14. The
source must at all times possess a permit that includes these
requirements.
(f) Allowance Allocations.
(i) The TSA will record the allowances for
each WEB source in the compliance account for the WEB source once the
allowances are allocated by the Department under Part C1 of Section C of the
WYRHSIP. If applicable, the TSA will record a portion of the sulfur dioxide
allowances for a WEB source in a special reserve compliance account to account
for any allowances to be held in accordance with Section 2(h)(i)(B) of this
chapter.
(ii) The TSA will assign a
serial number to each allowance in accordance with Part C2 of Section C of the
WYRHSIP.
(iii) All allowances shall
be allocated, recorded, transferred, or used as whole allowances. To determine
the number of whole allowances, the number of allowances shall be rounded down
for decimals less than 0.50 and rounded up for decimals of 0.50 or
greater.
(iv) An allowance is not a
property right, and is a limited authorization to emit one ton of sulfur
dioxide valid only for the purpose of meeting the requirements of Section 2 of
this chapter. No provision of the WEB Trading Program or other law should be
construed to limit the authority of the Department to terminate or limit such
authorization.
(v) Early Reduction
Bonus Allocation. Any non-utility WEB source that installs new control
technology and that reduces its permitted annual sulfur dioxide emissions to a
level that is below the floor level allocation established for that source in
Part C1 of Section C of the WYRHSIP or any utility that reduces its permitted
annual sulfur dioxide emissions to a level that is below best available control
technology may apply to the Department for an early reduction bonus allocation.
The bonus allocation shall be available for reductions that occur between 2008
and the program trigger year. The application must be submitted no later than
90 days after the program trigger date. Any WEB source that applies and
receives early reduction bonus allocations must retain the records referenced
below for a minimum of five years after the early reduction bonus allowance is
certified in accordance with Part C1.1(a)(3) of Section C of the WYRHSIP. The
application for an early reduction bonus allocation must contain the following
information:
(A) Copies of all construction
permits, operating permits or other enforceable documents that include annual
sulfur dioxide emissions limits for the WEB source during the period the WEB
source qualifies for an early reduction credit. Such permits or enforceable
documents must require monitoring for sulfur dioxide emissions that meet the
requirements in Section 2(h) of this chapter.
(B) Demonstration that the floor level
established for the source in accordance with Part C1.1(a)(2) of Section C of
the WYRHSIP for non-utilities or best available control technology for
utilities was calculated using data that are consistent with monitoring methods
specified in Section 2(h)(i)(A) of this chapter. If needed, the demonstration
shall include a new floor level calculation that is consistent with the
monitoring methodology in Section 2(h) of this chapter.
(vi) Request for allowances for new WEB
sources or modified WEB Sources.
(A) A new WEB
source may apply to the Department for an allocation from the new source
set-aside, as outlined in Part C1.3 of Section C of the WYRHSIP.
(I) A new WEB source is eligible for an
annual floor allocation equal to the lower of the permitted annual sulfur
dioxide emission limit for that source, or sulfur dioxide annual emissions
calculated based on a level of control equivalent to best available control
technology (BACT) and assuming 100 percent utilization of the WEB source,
beginning with the first full calendar year of operation.
(B) An existing WEB source that has increased
production capacity through a new construction permit issued under WAQSR
Chapter 6, Section 2 may apply to the Department for an allocation from the new
source set-aside, as outlined in Part C1.3 of Section C of the WYRHSIP. An
existing WEB source is eligible for an annual allocation equal to:
(I) The permitted annual sulfur dioxide
emission limit for a new unit; or
(II) The permitted annual sulfur dioxide
emission increase for the WEB source due to the replacement of an existing unit
with a new unit or the modification of an existing unit that increased
production capacity of the WEB source.
(C) A source that has received a retired
source exemption under Chapter 14, Section 2(c)(iv) is not eligible for an
allocation from the new source set-aside.
(D) The application for an allocation from
the new source set-aside must contain the following:
(I) For existing WEB sources under Section
2(f)(vi)(B)(II) of this chapter, documentation of the production capacity of
the source before and after the new permit;
(g)
Establishment of Accounts.
(i) Allowance
Tracking System Accounts. All WEB sources are required to open a compliance
account. In addition, if a WEB source conducts monitoring under Section
2(h)(i)(B) of this chapter, the WEB source shall open a special reserve
compliance account for allowances associated with units monitored under those
provisions. The WEB source and account representative shall have no rights to
transfer allowances in or out of such special reserve compliance account. The
State of Wyoming shall allocate allowances to the account in accordance with
Section 2(h)(i)(B)(V) of this chapter and all such allowances for each control
period shall be retired each year for compliance in accordance with Section
2(k) of this chapter. Any person may open a general account for holding and
transferring allowances. To open either type of account, an application that
contains the following information shall be submitted:
(A) The name, mailing address, e-mail
address, telephone number and facsimile number of the account representative.
For a compliance account, include a copy of the certificate for the account
representative and any alternate as required in Section 2(d)(ii)(B) of this
chapter. For a general account, include the Certificate for the account
representative and any alternate as required in (iii)(B).
(B) The WEB source or organization
name;
(C) The type of account to be
opened; and
(D) A signed
certification of truth and accuracy by the account representative according to
Section 2(d)(iii)(B) of this chapter for compliance accounts and for general
accounts, certification of truth and accuracy by the account representative
according to (iv).
(ii)
Account Representative for General Accounts. For a general account, one account
representative must be identified and an alternate account representative may
be identified and may act on behalf of the account representative. Any
representation, action, inaction or submission by the alternate account
representative will be deemed to be a representation, action, inaction or
submission by the account representative.
(iii) Identification and Certification of an
Account Representative for General Accounts.
(A) The account representative shall be
appointed by an agreement that makes the representations, actions, inactions or
submissions of the account representative binding on all persons who have an
ownership interest with respect to allowances held in the general
account.
(B) The account
representative shall submit to the Department and the TSA a signed and dated
certificate that contains the following elements:
(I) The name, address, email (if available),
telephone and facsimile number of the account representative and any
alternate;
(II) The organization
name;
(III) The following
certification statement:
"I certify that I was selected as the account representative or alternate account representative, as applicable, by an agreement binding on all persons who have an ownership interest in allowances in the general account with regard to matters concerning the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of said persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions."
(C)
Upon receipt by the Department of the complete certificate, the account
representative represents and, by his or her representations, actions,
inactions, or submissions, legally binds each person who has an ownership
interest in allowances held in the general account with regard in all matters
concerning the general account. Such persons shall be bound by any decision or
order issued by the Department.
(D)
No WEB Allowance Tracking System general account shall be established until the
TSA has received a complete certificate. Once the account is established, the
account representative shall make all submissions concerning the account,
including the deduction or transfer of allowances.
(iv) Requirements and Responsibilities. Each
submission for the general account shall be signed and certified by the account
representative for the general account. Each submission shall include the
following truth and accuracy certification statement by the account
representative:
(A) "I am authorized to make
this submission on behalf of all persons who have an ownership interest in
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."
(v)
Changing the Account Representative. The account representative or alternate
account representative may be changed at any time by sending a complete
superseding certificate to the Department and the TSA under (iii)(B), with the
change taking effect upon receipt of such certificate by the Department.
Notwithstanding any such change, all representations, actions, inactions, and
submissions by the previous account representative or alternate prior to the
time and date when the Department receives the superseding certificate shall be
binding on the new account representative and all persons having ownership
interest with respect to allowances held in the general account.
(vi) Changes to the Account. Any change to
the information required in the application for an existing account under (i)
shall require a revision of the application.
(h) Monitoring, Recordkeeping and Reporting.
(i) General Requirements on Monitoring
Methods.
(A) For each sulfur dioxide emitting
unit at a WEB source the WEB source shall comply with the following, as
applicable, to monitor and record sulfur dioxide mass emissions:
(I) If a unit is subject to 40 CFR Part 75
under a requirement separate from the WEB Trading Program, the unit shall meet
the requirements contained in Part 75 with respect to monitoring, recording and
reporting sulfur dioxide mass emissions.
(II) If a unit is not subject to 40 CFR Part
75 under a requirement separate from the WEB Trading Program, a unit shall use
one of the following monitoring methods, as applicable:
(1.) A continuous emission monitoring system
(CEMS) for sulfur dioxide and flow that complies with all applicable monitoring
provisions in 40 CFR Part 75;
(2.)
If the unit is a gas- or oil-fired combustion device, the excepted monitoring
methodology in Appendix D to 40 CFR Part 75, or, if applicable, the low mass
emissions (LME) provisions (with respect to sulfur dioxide mass emissions only)
in 40 CFR Part 75.19 ;
(3.) One of
the optional WEB protocols, if applicable, in Appendix A to Chapter 14;
or
(4.) A petition for
site-specific monitoring that the source submits for approval by the State of
Wyoming and approval by the U.S. Environmental Protection Agency in accordance
with Section 2(h)(ix) of this chapter (relating to petitions).
(III) A permanently retired unit
shall not be required to monitor under this Section if such unit was
permanently retired and had no emissions for the entire period and the account
representative certifies in accordance with Section 2(k)(ii) of this chapter
that these conditions were met. In the event that a permanently retired unit
recommences operation, the WEB source shall meet the requirements of this
Section 2(h) in the same manner as if the unit was a new unit.
(B) Notwithstanding paragraph (A)
of this section, the WEB source with a unit that meets one of the conditions of
paragraph (B)(I) may submit a request to the Department to have the provisions
of this paragraph (B) apply to that unit.
(I)
Any of the following units may implement this paragraph (B):
(1.) Any smelting operation where all of the
emissions from the operation are not ducted to a stack;
(2.) Any flare, except to the extent such
flares are used as a fuel gas combustion device at a petroleum refinery;
or
(3.) Any other type of unit
without add-on sulfur dioxide control equipment if the unit belongs to one of
the following source categories: cement kilns, pulp and paper recovery
furnaces, lime kilns, or glass manufacturing.
(II) For each unit covered by this paragraph
(B), the account representative shall submit a notice to request that this
paragraph (B) apply to one or more sulfur dioxide emitting units at a WEB
source. The notice shall be submitted in accordance with the compliance dates
specified in Section 2(h)(vi)(A) of this chapter, and shall include the
following information in a format specified by the State of Wyoming with such
additional, related information as may be requested:
(1.) A list of all units at the WEB source
that identifies which of the units are to be covered by this paragraph (B);
and
(2.) An identification of any
such units that are permanently retired.
(III) For each new unit at an existing WEB
source for which the WEB source seeks to comply with this paragraph (B) and for
which the account representative applies for an allocation under the new source
set-aside provisions of Section 2(f)(vi) of this chapter, the account
representative shall submit a modified notice under paragraph (B)(II) that
includes such new sulfur dioxide emitting unit(s). The modified request shall
be submitted in accordance with the compliance dates in Section 2(h)(vi)(A) of
this chapter, but no later than the date on which a request is submitted under
Section 2(f)(vi) of this chapter for allocations from the set-aside.
(IV) The account representative for a WEB
source shall submit an annual emissions statement for each unit under this
paragraph (B) in accordance with Section 2(h) (viii) of this chapter. The WEB
source shall maintain operating records sufficient to estimate annual emissions
in a manner consistent with emission inventory submitted by the source for
calendar year 1998. In addition, if the estimated emissions from all such units
at the WEB source are greater than the allowances for the current control year
held in the special reserve compliance account for the WEB source, the account
representative shall report the excess amount as part of the annual report for
the WEB source under Section 2(k) of this chapter and be required to use other
allowances in the standard compliance account for the WEB source to account for
such emissions, in accordance with Section 2(k) of this chapter.
(V) Section 2(h) of this chapter shall not
apply to units covered by this paragraph except where otherwise
noted.
(VI) A WEB source may opt to
modify the monitoring for a sulfur dioxide emitting unit to use monitoring
under Section 2(h)(i)(A) of this chapter, but any such monitoring change must
take effect on January 1 of the next compliance year. In addition, the account
representative must submit an initial monitoring plan at least 180 days prior
to the date on which the new monitoring will take effect and a detailed
monitoring plan in accordance with Section 2(h)(ii) of this chapter. The
account representative shall also submit a revised notice under paragraph
(B)(II) at the same time that the initial monitoring plan is
submitted.
(C) For any
monitoring that the WEB source uses under this section (including paragraph
(B)), the WEB source (and, as applicable, the account representative) shall
implement, certify, and use such monitoring in accordance with this section,
and record and report the data from such monitoring as required in this
section. In addition, the WEB source (and, as applicable, the account
representative) may not:
(I) Except for an
alternative approved by the EPA Administrator for a WEB source that implements
monitoring under Section 2(h)(i)(A)(I) of this chapter, use an alternative
monitoring system, alternative reference method or another alternative for the
required monitoring method without having obtained prior written approval in
accordance with Section 2(h)(ix) of this chapter (relating to
petitions);
(II) Operate a sulfur
dioxide emitting unit so as to discharge, or allow to be discharged, sulfur
dioxide emissions to the atmosphere without accounting for these emissions in
accordance with the applicable provisions of this section;
(III) Disrupt the approved monitoring method
or any portion thereof, and thereby avoid monitoring and recording sulfur
dioxide 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
section; or
(IV) Retire or
permanently discontinue use of an approved monitoring method, except under one
of the following circumstances:
(1.) During a
period when the unit is exempt from the requirements of this Section, including
retirement of a unit as addressed in Section 2(h)(i)(A)(III);
(2.) The WEB source is monitoring emissions
from the unit with another certified monitoring method approved under this
Section for use at the unit that provides data for the same parameter as the
retired or discontinued monitoring method; or
(3.) The account representative submits
notification of the date of certification testing of a replacement monitoring
system in accordance with this section, and the WEB source recertifies
thereafter a replacement monitoring system in accordance with the applicable
provisions of this section.
(ii) Monitoring Plan.
(A) General Provisions. A WEB source with a
sulfur dioxide emitting unit that uses a monitoring method under Section
2(h)(i)(A)(II) of this chapter shall meet the following requirements:
(I) Prepare and submit to the State of
Wyoming an initial monitoring plan for each monitoring method that the WEB
source uses to comply with this section. In accordance with paragraph
2(h)(ii)(C) of this chapter, the plan shall contain sufficient information on
the units involved, the applicable method, and the use of data derived from
that method to demonstrate that all unit sulfur dioxide emissions are monitored
and reported. The plan shall be submitted in accordance with the compliance
deadlines specified in Section 2(h)(vi) of this chapter.
(II) Prepare, maintain and submit to the
State of Wyoming a detailed monitoring plan prior to the first day of
certification testing in accordance with the compliance deadline specified in
Section 2(h)(vi) of this chapter. The plan will contain the applicable
information required by Section 2(h)(ii)(D) of this chapter. The State of
Wyoming may require that the monitoring plan (or portions thereof) be submitted
electronically. The State of Wyoming also may require that the plan be
submitted on an ongoing basis in electronic format as part of the quarterly
report submitted under Section 2(h) (viii)(A) of this chapter or resubmitted
separately after any change is made to the plan in and;
(III) Whenever the WEB source makes a
replacement, modification, or change in one of the systems or methodologies
provided for in Section 2(h)(i)(A)(II) of this chapter, including a change in
the automated data acquisition and handling system or in the flue gas handling
system, that affects information reported in the monitoring plan (e.g., a
change to serial number for a component of a monitoring system), then the WEB
source shall update the monitoring plan in accordance with the compliance
deadline specified in Section 2(h)(vi) of this chapter.
(B) A WEB source with a sulfur dioxide
emitting unit that uses a method under Section 2(h)(i)(A)(I) of this chapter (a
unit subject to 40 CFR Part 75 under a program other than this WEB Trading
Program) shall meet the requirements of Section 2(h)(ii)(A)-(F) by preparing,
maintaining and submitting a monitoring plan in accordance with the
requirements of 40 CFR Part 75. If requested, the WEB source also shall submit
the entire monitoring plan to the State of Wyoming.
(C) Initial Monitoring Plan. The account
representative shall submit an initial monitoring plan for each sulfur dioxide
emitting unit (or group of units sharing a common methodology) that, except as
otherwise specified in an applicable provision in Appendix A of this chapter,
contains the following information:
(I) For
all sulfur dioxide emitting units:
(1.) Plant
name and location;
(2.) Plant and
unit identification numbers assigned by the State of Wyoming;
(3.) Type of unit (or units for a group of
units using a common monitoring methodology);
(4.) Identification of all stacks or pipes
associated with the monitoring plan;
(5.) Types of fuel(s) fired (or sulfur
containing process materials used in the sulfur dioxide emitting unit), and the
fuel classification of the unit if combusting more than one type of fuel and
using a 40 CFR Part 75 methodology;
(6.) Type(s) of emissions controls for sulfur
dioxide installed or to be installed, including specifications of whether such
controls are pre-combustion, post-combustion, or integral to the combustion
process;
(7.) Maximum hourly heat
input capacity, or process throughput capacity, if applicable;
(8.) Identification of all units using a
common stack; and
(9.) Indicator of
whether any stack identified in the plan is a bypass stack.
(II) For each unit and parameter
required to be monitored, identification of monitoring methodology information,
consisting of monitoring methodology, monitor locations, substitute data
approach for the methodology, and general identification of quality assurance
procedures. If the proposed methodology is a site-specific methodology
submitted pursuant to Section 2(h)(i)(A)(II) (4.) of this chapter, the
description under this paragraph shall describe fully all aspects of the
monitoring equipment, installation locations, operating characteristics,
certification testing, ongoing quality assurance and maintenance procedures,
and substitute data procedures.
(III) If the WEB source intends to petition
for a change to any specific monitoring requirement otherwise required under
this section, such petition may be submitted as part of the initial monitoring
plan.
(IV) The State of Wyoming may
issue a notice of approval or disapproval of the initial monitoring plan based
on the compliance of the proposed methodology with the requirements for
monitoring in this section.
(D) Detailed Monitoring Plan. The account
representative shall submit a detailed monitoring plan that, except as
otherwise specified in an applicable provision in Appendix A of this chapter,
shall contain the following information:
(I)
Identification and description of each monitoring component (including each
monitor and its identifiable components, such as analyzer or probe) in a CEMS
(e.g., sulfur dioxide pollutant concentration monitor, flow monitor, moisture
monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter,
data acquisition and handling system), or a protocol in Appendix A of this
chapter, including:
(1.) Manufacturer, model
number and serial number;
(2.)
Component or system identification code assigned by the facility to each
identifiable monitoring component, such as the analyzer or probe;
(3.) Designation of the component type and
method of sample acquisition or operation (e.g., in situ pollutant
concentration monitor or thermal flow monitor);
(4.) Designation of the system as a primary
or backup system;
(5.) First and
last dates the system reported data;
(6.) Status of the monitoring component;
and
(7.) Parameter
monitored.
(II)
Identification and description of all major hardware and software components of
the automated data acquisition and handling system, including:
(1.) Hardware components that perform
emission calculations or store data for quarterly reporting purposes (provide
the manufacturer and model number); and
(2.) Software components (provide the
identification of the provider and model or version number).
(III) Explicit formulas for each
measured emissions parameter, using component or system identification codes
for the monitoring system used to measure the parameter that links the system
observations with the reported concentrations and mass emissions. The formulas
must contain all constants and factors required to derive mass emissions from
component or system code observations and an indication of whether the formula
is being added, corrected, deleted, or is unchanged. The WEB source with a low
mass emissions unit for which the WEB source is using the optional low mass
emissions excepted methodology in Section 75.19(c) of 40 CFR Part 75 is not
required to report such formulas.
(IV) Inside cross-sectional area
(ft2) at flow monitoring location (for units with
flow monitors only).
(V) If using
CEMS for sulfur dioxide and flow, for each parameter monitored: scale, maximum
potential concentration (and method of calculation), maximum expected
concentration (if applicable) (and method of calculation), maximum potential
flow rate (and method of calculations), span value, full-scale range, daily
calibration units of measure, span effective date and hour, span inactivation
date and hour, indication of whether dual spans are required, default high
range value, flow rate span, and flow rate span value and full scale value (in
standard cubic feet per hour) for each unit or stack using sulfur dioxide or
flow component monitors.
(VI) If
the monitoring system or excepted methodology provides for use of a constant,
assumed, or default value for a parameter under specific circumstances, then
include the following information for each value of such parameter:
(1.) Identification of the
parameter;
(2.) Default, maximum,
minimum, or constant value, and units of measure for the value;
(3.) Purpose of the value;
(4.) Indicator of use during controlled or
uncontrolled hours;
(5.) Types of
fuel;
(6.) Source of the
value;
(7.) Value effective date
and hour;
(8.) Date and hour value
is no longer effective (if applicable); and
(9.) For units using the excepted methodology
under section 75.19 of 40 CFR Part 75, the applicable sulfur dioxide emission
factor.
(VII) Unless
otherwise specified in Section 6.5.2.1 of Appendix A to 40 CFR Part 75, for
each unit or common stack on which hardware CEMS are installed:
(1.) The upper and lower boundaries of the
range of operation (as defined in Section 6.5.2.1 of Appendix A to 40 CFR Part
75), or thousand pounds per hour (lb/hr) of steam, or feet per second (ft/sec)
(as applicable);
(2.) The load or
operating level(s) designated as normal in Section 6.5.2.1 of Appendix A to 40
CFR Part 75, or thousands of lb/hr of steam, or ft/sec (as
applicable);
(3.) The two load or
operating levels (i.e., low, mid, or high) identified in Section 6.5.2.1 of
Appendix A to 40 CFR Part 75 as the most frequently used;
(4.) The date of the data analysis used to
determine the normal load (or operating) level(s) and the two most
frequently-used load (or operating) levels; and
(5.) Activation and deactivation dates when
the normal load or operating level(s) change and are updated.
(VIII) For each unit that is
complying with 40 CFR Part 75 for which the optional fuel flow-to-load test in
Section 2.1.7 of Appendix D to 40 CFR Part 75 is used:
(1.) The upper and lower boundaries of the
range of operation (as defined in Section 6.5.2.1 of Appendix A to 40 CFR Part
75), expressed in thousands of lb/hr of steam;
(2.) The load level designated as normal,
pursuant to Section 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in
thousands of lb/hr of steam; and
(3.) The date of the load analysis used to
determine the normal load level.
(IX) Information related to quality assurance
testing, including (as applicable): identification of the test strategy;
protocol for the relative accuracy test audit; other relevant test information;
calibration gas levels (percent of span) for the calibration error test and
linearity check; calculations for determining maximum potential concentration,
maximum expected concentration (if applicable), maximum potential flow rate,
and span;
(X) If applicable,
apportionment strategies under sections 75.10 through 75.18 of 40 CFR Part
75.
(XI) Description of site
locations for each monitoring component in a monitoring system, including
schematic diagrams and engineering drawings and any other documentation that
demonstrates each monitor location meets the appropriate siting criteria. For
units monitored by a continuous emission monitoring system, diagrams shall
include:
(1.) A schematic diagram identifying
entire gas handling system from unit to stack for all units, using
identification numbers for units, monitor components, and stacks corresponding
to the identification numbers provided in the initial monitoring plan and
paragraphs (D)(I) and (III). The schematic diagram must depict the height of
any monitor locations. Comprehensive or separate schematic diagrams shall be
used to describe groups of units using a common stack.
(2.) Stack and duct engineering diagrams
showing the dimensions and locations of fans, turning vanes, air preheaters,
monitor components, probes, reference method sampling ports, and other
equipment that affects the monitoring system location, performance, or quality
control checks.
(XII) A
data flow diagram denoting the complete information handling path from output
signals of CEMS components to final reports.
(E) In addition to supplying the information
in paragraphs (C) and (D) above, the WEB source with a sulfur dioxide emitting
unit using either of the methodologies in paragraph (h)(i)(A)(II)(2.) of this
section shall include the following information in its monitoring plan for the
specific situations described:
(I) For each
gas-fired or oil-fired sulfur dioxide emitting unit for which the WEB source
uses the optional protocol in Appendix D to 40 CFR Part 75 for sulfur dioxide
mass emissions, the WEB source shall include the following information in the
monitoring plan:
(1.) Parameter
monitored;
(2.) Type of fuel
measured, maximum fuel flow rate, units of measure, and basis of maximum fuel
flow rate (i.e., upper range value or unit maximum) for each fuel
flowmeter;
(3.) Test method used to
check the accuracy of each fuel flowmeter;
(4.) Submission status of the data;
(5.) Monitoring system identification
code;
(6.) The method used to
demonstrate that the unit qualifies for monthly gross calorific value (GCV)
sampling or for daily or annual fuel sampling for sulfur content, as
applicable;
(7.) A schematic
diagram identifying the relationship between the unit, all fuel supply lines,
the fuel flowmeter(s), and the stack(s). The schematic diagram must depict the
installation location of each fuel flowmeter and the fuel sampling location(s).
Comprehensive or separate schematic diagrams shall be used to describe groups
of units using a common pipe;
(8.)
For units using the optional default sulfur dioxide emission rate for "pipeline
natural gas" or "natural gas" in Appendix D to 40 CFR Part 75, the information
on the sulfur content of the gaseous fuel used to demonstrate compliance with
either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR Part 75;
(9.) For units using the 720 hour test under
Section 2.3.6 of Appendix D to 40 CFR Part 75 to determine the required sulfur
sampling requirements, report the procedures and results of the test;
and
(10.) For units using the 720
hour test under Section 2.3.5 of Appendix D to 40 CFR Part 75 to determine the
appropriate fuel GCV sampling frequency, report the procedures used and the
results of the test.
(II)
For each sulfur dioxide emitting unit for which the WEB source uses the low
mass emission excepted methodology of Section 75.19 to 40 CFR Part 75, the WEB
source shall include the following information in the monitoring plan that
accompanies the initial certification application:
(1.) The results of the analysis performed to
qualify as a low mass emissions unit under Section 75.19(c) to 40 CFR Part 75.
This report will include either the previous three years actual or projected
emissions. The following items should be included:
a. Current calendar year of
application;
b. Type of
qualification;
c. Years one, two,
and three;
d. Annual measured,
estimated or projected sulfur dioxide mass emissions for years one, two, and
three; and
e. Annual operating
hours for years one, two, and three.
(2.) A schematic diagram identifying the
relationship between the unit, all fuel supply lines and tanks, any fuel
flowmeter(s), and the stack(s). Comprehensive or separate schematic diagrams
shall be used to describe groups of units using a common pipe;
(3.) For units which use the long-term fuel
flow methodology under Section 75.19(c)(3) to 40 CFR Part 75, a diagram of the
fuel flow to each unit or group of units and a detailed description of the
procedures used to determine the long-term fuel flow for a unit or group of
units for each fuel combusted by the unit or group of units;
(4.) A statement that the unit burns only
gaseous fuel(s) or fuel oil and a list of the fuels that are burned or a
statement that the unit is projected to burn only gaseous fuel(s) or fuel oil
and a list of the fuels that are projected to be burned;
(5.) A statement that the unit meets the
applicability requirements in Sections 75.19(a) and (b) to 40 CFR Part 75 with
respect to sulfur dioxide emissions; and
(6.) Any unit historical actual, estimated
and projected sulfur dioxide emissions data and calculated sulfur dioxide
emissions data demonstrating that the unit qualifies as a low mass emissions
unit under sections 75.19(a) and (b) to 40 CFR Part 75.
(III) For each gas-fired unit the WEB source
shall include the following in the monitoring plan: current calendar year, fuel
usage data as specified in the definition of gas-fired in Section 72.2 of 40
CFR Part 72, and an indication of whether the data are actual or projected
data.
(F) The specific
elements of a monitoring plan under this Section 2(h)(ii) shall not be part of
an operating permit for a WEB source issued in accordance with Title V of the
Act, and modifications to the elements of the plan shall not require a permit
modification.
(iii)
Certification and Recertification.
(A) All
monitoring systems are subject to initial certification and recertification
testing as specified in 40 CFR Part 75 or Appendix A to Chapter 14, as
applicable. Certification or recertification of a monitoring system by the U.S.
Environmental Protection Agency for a WEB source that is subject to 40 CFR Part
75 under a requirement separate from this Rule shall constitute certification
under the WEB Trading Program.
(B)
The WEB source with a sulfur dioxide emitting unit not otherwise subject to 40
CFR Part 75 that monitors sulfur dioxide mass emissions in accordance with 40
CFR Part 75 to satisfy the requirements of this Section shall perform all of
the tests required by that regulation and shall submit the following:
(I) A test notice, not later than 21 days
before the certification testing of the monitoring system, provided that the
State of Wyoming may establish additional requirements for adjusting test dates
after this notice as part of the approval of the initial monitoring plan under
Section 2(h)(ii)(C) of this chapter; and
(II) An initial certification application
within 45 days after testing is complete.
(C) A monitoring system will be considered
provisionally certified while the application is pending, and the system shall
be deemed certified if the State of Wyoming does not approve or disapprove the
system within six months after the date on which the application is
submitted.
(D) Whenever an audit of
any monitoring certified under this Rule, and a review of the initial
certification or recertification application, reveal that any system or
component should not have been certified or recertified because it did not meet
a particular performance specification or other requirement of Chapter 14, both
at the time of the initial certification or recertification application
submission and at the time of the audit, the State of Wyoming will issue a
notice of disapproval of the certification status of such system or component.
For the purposes of this paragraph, an audit shall be either a field audit of
the facility or an audit of any information submitted to the State of Wyoming
regarding the facility. By issuing the notice of disapproval, the certification
status is revoked prospectively, and the data measured and recorded 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 WEB source completes subsequently approved initial certification or
recertification tests in accordance with the procedures in this Section
2(h)(iii) of this chapter. The WEB source shall apply the substitute data
procedures in Section 2(h)(v)(B) of this chapter to replace, prospectively, all
of the invalid, non-quality-assured data for each disapproved system or
component.
(iv) Ongoing
Quality Assurance and Quality Control.
The WEB source shall satisfy the applicable quality assurance and quality control requirements of 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in Appendix A of this chapter, the applicable quality assurance and quality control requirements in Appendix A of this chapter on and after the date that certification testing commences.
(v) Substitute Data Procedures.
(A) For any period after certification
testing is complete in which quality assured, valid data are not being recorded
by a monitoring system certified and operating in accordance with Chapter 14,
missing or invalid data shall be replaced with substitute data in accordance
with 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in
Appendix A of this chapter, with substitute data in accordance with Appendix
A.
(B) For a sulfur dioxide
emitting unit that does not have a certified (or provisionally certified)
monitoring system in place as of the beginning of the first control period for
which the unit is subject to the WEB Trading Program, the WEB source shall:
(I) If the WEB source will use a CEMS to
comply with this Section, substitute the maximum potential concentration of
sulfur dioxide for the unit and the maximum potential flow rate, as determined
in accordance with 40 CFR Part 75. The procedures for conditional data
validation under Section 75.20(b)(3) may be used for any monitoring system
under Chapter 14 that uses these 40 CFR Part 75 procedures, as
applicable;
(II) If the WEB source
will use the 40 CFR Part 75 Appendix D methodology, substitute the maximum
potential sulfur content, density or gross calorific value for the fuel and the
maximum potential fuel flow rate, in accordance with Section 2.4 of Appendix D
to 40 CFR Part 75;
(III) If the WEB
source will use the 40 CFR Part 75 methodology for low mass emissions units,
substitute the sulfur dioxide emission factor required for the unit as
specified in 40 CFR Part 75.19 and the maximum rated hourly heat input, as
defined in 40 CFR Part 72.2 ; or
(IV) If using a protocol in Appendix A to
Chapter 14, follow the procedures in the applicable protocol.
(vi) Compliance
Deadlines.
(A) The initial monitoring plan
shall be submitted by the following dates:
(I)
For each source that is a WEB source on or before the program trigger date, the
monitoring plan shall be submitted 180 days after such program trigger
date.
(II) For any existing source
that becomes a WEB source after the program trigger date, the monitoring plan
shall be submitted by September 30 of the year following the inventory year in
which the source exceeded the emissions threshold.
(III) For any new WEB source, the monitoring
plan shall be included with the permit application for a WAQSR Chapter 6,
Section 2 permit.
(B) A
detailed monitoring plan under Section 2(h)(ii)(B) of this chapter shall be
submitted no later than 45 days prior to commencing certification testing in
accordance with the following paragraph (C). Modifications to monitoring plans
shall be submitted within 90 days of implementing revised monitoring
plans.
(C) Emission monitoring
systems shall be installed, operational and shall have met all of the
certification testing requirements of this Section 2(h) (including any
referenced in Appendix A) by the following dates:
(I) For each source that is a WEB source on
or before the program trigger date, two years prior to the start of the first
control period as described in Section 2(k) of this chapter.
(II) For any existing source that becomes a
WEB source after the program trigger date, one year after the due date for the
monitoring plan under Section 2(h)(vi)(A)(II) of this chapter.
(III) For any new WEB source (or any new unit
at a WEB source under paragraphs (C)(I) or (C)(2)), the earlier of 90 unit
operating days or 180 calendar days after the date the new source commences
operation.
(D) The WEB
source shall submit test notices and certification applications in accordance
with the deadlines set forth in Section 2(h)(iv)(B).
(E) For each applicable control period, the
WEB source shall submit each quarterly report under Section 2(h) (viii) of this
chapter by no later than 30 days after the end of each calendar quarter and
shall submit the annual report under Section 2(h) (viii) of this chapter no
later than 60 days after the end of each calendar year.
(vii) Recordkeeping.
(A) The WEB source shall keep copies of all
reports, registration materials, compliance certifications, sulfur dioxide
emissions data, quality assurance data, and other submissions under Chapter 14
for a period of five years. In addition, the WEB source shall keep a copy of
all Certificates for the duration of this program. Unless otherwise requested
by the WEB source and approved by the State of Wyoming, the copies shall be
kept on site.
(B) The WEB source
shall keep records of all operating hours, quality assurance activities, fuel
sampling measurements, hourly averages for sulfur dioxide, stack flow, fuel
flow, or other continuous measurements, as applicable, and any other applicable
data elements specified in this section or in Appendix A to Chapter 14. The WEB
source shall maintain the applicable records specified in 40 CFR Part 75 for
any sulfur dioxide emitting unit that uses a Part 75 monitoring method to meet
the requirements of this section.
(viii) Reporting.
(A) Quarterly Reports. For each sulfur
dioxide emitting unit, the account representative shall submit a quarterly
report within 30 days after the end of each calendar quarter. The report shall
be in a format specified by the State of Wyoming to include hourly and quality
assurance activity information and shall be submitted in a manner compatible
with the emissions tracking database designed for the WEB Trading Program. If
the WEB source submits a quarterly report under 40 CFR Part 75 to the EPA
Administrator, no additional report under this paragraph (A) shall be required.
The State of Wyoming will require that a copy of that report (or a separate
statement of quarterly and cumulative annual sulfur dioxide mass emissions) be
submitted separately to the State of Wyoming.
(B) Annual Report. Based on the quarterly
reports, each WEB source shall submit an annual statement of total annual
sulfur dioxide emissions for all sulfur dioxide emitting units at the source.
The annual report shall identify total emissions for all units monitored in
accordance with Section 2(h)(i)(A) of this chapter and the total emissions for
all units with emissions estimated in accordance with Section 2(h)(i)(B) of
this chapter. The annual report shall be submitted within 60 days after the end
of a control period.
(C) If the
State of Wyoming so directs, any monitoring plan, report, certification,
recertification, or emissions data required to be submitted under this Section
shall be submitted to the TSA.
(D)
The State of Wyoming may review and reject any report submitted under this
Section 2(h) (viii) of this chapter that contains errors or fails to satisfy the
requirements of this section, and the account representative shall resubmit the
report to correct any deficiencies.
(ix) Petitions.
(A) A WEB source may petition for an
alternative to any requirement specified in Section 2(h)(i)(A)(II) of this
chapter. The petition shall require approval of the State of Wyoming and the
EPA Administrator. Any petition submitted under this paragraph shall include
sufficient information for the evaluation of the petition, including, at a
minimum, the following information:
(I)
Identification of the WEB source and applicable sulfur dioxide emitting
unit(s);
(II) A detailed
explanation of why the proposed alternative is being suggested in lieu of the
requirement;
(III) A description
and diagram of any equipment and procedures used in the proposed alternative,
if applicable;
(IV) A demonstration
that the proposed alternative is consistent with the purposes of the
requirement for which the alternative is proposed, is consistent with the
purposes of Chapter 14 and that any adverse effect of approving such
alternative will be de minimis; and
(V) Any other relevant information that the
State of Wyoming may require.
(x) Consistency of Identifying Information.
For any monitoring plans, reports, or other information submitted under Section 2(h) of this chapter, the WEB source shall ensure that, where applicable, identifying information is consistent with the identifying information provided in the most recent certificate for the WEB source submitted under Section 2(d) of this chapter.
(i) Allowance Transfers.
(i) Procedure. To transfer allowances, the
account representative shall submit the following information to the TSA:
(A) The transfer account number(s)
identifying the transferor account;
(B) The transfer account number(s)
identifying the transferee account;
(C) The serial number of each allowance to be
transferred; and
(D) The
transferor's account representative's name and signature and date of
submission.
(ii)
Allowance Transfer Deadline. The allowance transfer deadline is midnight
Pacific Standard Time on March 1 of each year (or if this date is not a
business day, midnight of the first business day thereafter) following the end
of the control period. By this time, the transfer of the allowances into the
WEB source's compliance account must be correctly submitted to the TSA in order
to demonstrate compliance under Section 2(k) of this chapter for that control
period.
(iii) Retirement of
Allowances. To permanently retire allowances, the account representative shall
submit the following information to the TSA:
(A) The transfer account number(s)
identifying the transferor account;
(B) The serial number of each allowance to be
retired; and
(C) The transferor's
account representative's name and signature and date of submission accompanied
by a signed statement acknowledging that each retired allowance is no longer
available for future transfers from or to any account.
(j) Use of Allowances from a
Previous Year.
(i) Any allowance that is held
in a compliance account or general account will remain in such an account
unless and until the allowance is deducted in conjunction with the compliance
process, or transferred to another account.
(ii) In order to demonstrate compliance under
Section 2(k)(i) of this chapter for a control period, WEB sources shall only
use allowances allocated for that current control period or any previous year.
Because all allowances held in a special reserve compliance account for a WEB
source that monitors certain units in accordance with Section 2(h)(i)(B) of
this chapter will be deducted for compliance for each control period, no
banking of such allowances for use in a subsequent year is permitted by Chapter
14.
(iii) If flow control
procedures for the current control period have been triggered as outlined in
Part C4.2 of Section C of the WYRHSIP, then the use of allowances that were
allocated for any previous year will be limited as follows:
(A) The number of allowances that are held in
each compliance account and general account as of the allowance transfer
deadline for the immediately previous year and that were allocated for any
previous year will be determined.
(B) The number determined in (A) will be
multiplied by the flow control ratio established in accordance with Part
C4.2(b)(1) of Section C of the WYRHSIP to determine the number of allowances
that were allocated for a previous year that can be used without restriction
for the current control period.
(C)
Allowances that were allocated for a previous year in excess of the number
determined in (B) may also be used for the current control period. If such
allowances are used to make a deduction, two allowances must be deducted for
each deduction of one allowance required under Section 2(k) of this
chapter.
(iv) Special
provisions for the year 2018. After compliance with the 2017 allowance
limitation has been determined in accordance with Section 2(k)(i) of this
chapter, allowances allocated for any year prior to 2018 shall not be used for
determining compliance with the 2018 allowance limitation or any future
allowance limitation.
(k)
Compliance.
(i) Compliance with Allowance
Limitations.
(A) The WEB source must hold
allowances, in accordance with Section 2(k)(i)(B) and (C) below and Section
2(j) of this chapter, as of the allowance transfer deadline in the WEB source's
compliance account (together with any current control year allowances held in
the WEB source's special reserve compliance account under Section 2(h)(i)(B) of
this chapter) in an amount not less than the total sulfur dioxide emissions for
the control period from the WEB source, as determined under the monitoring and
reporting requirements of Section 2(h) of this chapter.
(I) For each source that is a WEB source on
or before the program trigger date, the first control period is the calendar
year that is six (6) years following the calendar year for which sulfur dioxide
emissions exceeded the milestone in accordance with procedures in Part A3 of
Section C of the WYRHSIP.
(II) For
any existing source that becomes a WEB source after the program trigger date,
the first control period is the calendar year that is four (4) years following
the inventory year in which the source exceeded the sulfur dioxide emissions
threshold.
(III) For any new WEB
source after the program trigger date the first control period is the first
full calendar year that the source is in operation.
(IV) If the WEB Trading Program is triggered
in accordance with the 2013 review procedures in Part A4 of Section C of the
WYRHSIP, the first control period for each source that is a WEB source on or
before the program trigger date is the year 2018.
(B) Allowance transfer deadline. An allowance
may only be deducted from the WEB source's compliance account if:
(I) The allowance was allocated for the
current control period or meets the requirements in Section 2(j) of this
chapter for use of allowances from a previous control period, and
(II) The allowance was held in the WEB
source's compliance account as of the allowance transfer deadline for the
current control period, or was transferred into the compliance account by an
allowance transfer correctly submitted for recording by the allowance transfer
deadline for the current control period.
(C) Compliance with allowance limitations
shall be determined as follows:
(I) The total
annual sulfur dioxide emissions for all sulfur dioxide emitting units at the
source that are monitored under Section 2(h)(i)(B) of this chapter, as reported
by the source in Section 2(h) (viii)(B) or (D) of this chapter, and recorded in
the emissions tracking database shall be compared to the allowances held in the
source's special reserve compliance account as of the allowance transfer
deadline for the current control period, adjusted in accordance with Section
2(j) of this chapter. If the emissions are equal to or less than the allowances
in such account, all such allowances shall be retired to satisfy the obligation
to hold allowances for such emissions. If the total emissions from such units
exceed the allowances in such special reserve account, the WEB source shall
account for such excess emissions in the following paragraph (II).
(II) The total annual sulfur dioxide
emissions for all sulfur dioxide emitting units at the source that are
monitored under Section 2(h)(i)(A) of this chapter, as reported by the source
in Section 2(h) (viii)(B) or (D) of this chapter, and recorded in the emissions
tracking database, together with any excess emissions as calculated in the
preceding paragraph (I), shall be compared to the allowances held in the
source's compliance account as of the allowance transfer deadline for the
current control period, adjusted in accordance with Section 2(j) of this
chapter.
(III) If the comparison in
Section 2(k)(i)(C)(II) of this chapter results in emissions that exceed the
allowances held in the source's compliance account, the source has exceeded its
allowance limitation and the excess emissions are subject to the allowance
deduction penalty in Section 2(k)(iii) of this chapter.
(D) Other than allowances in a special
reserve compliance account for units monitored under Section 2(h)(i)(B) of this
chapter, to the extent consistent with Section 2(j) of this chapter, allowances
shall be deducted for a WEB source for compliance with the allowance limitation
as directed by the WEB source's account representative. Deduction of any other
allowances as necessary for compliance with the allowance limitation shall be
on a first-in, first-out accounting basis in the order of the date and time of
their recording in the WEB source's compliance account, beginning with the
allowances allocated to the WEB source and continuing with the allowances
transferred to the WEB source's compliance account from another compliance
account or general account. The allowances held in a special reserve compliance
account pursuant to Section 2(h)(i)(B) of this chapter shall be deducted as
specified in paragraph (C)(I) of this Section 2(k) of this chapter.
(ii) Certification of Compliance.
(A) For each control period in which a WEB
source is subject to the allowance limitation, the account representative of
the source shall submit to the Department a compliance certification report for
the source.
(B) The compliance
certification report shall be submitted no later than the allowance transfer
deadline of each control period, and shall contain the following:
(I) Identification of each WEB
source;
(II) At the account
representative's option, the serial numbers of the allowances that are to be
deducted from a source's compliance account for compliance with the allowance
limitation; and
(III) The
compliance certification report according to subpart (C) of this
section.
(C) In the
compliance certification report, the account representative shall certify,
based on reasonable inquiry of those persons with primary responsibility for
operating the WEB source in compliance with the WEB Trading Program, whether
the WEB source for which the compliance certification is submitted was operated
during the control period covered by the report in compliance with the
requirements of the WEB Trading Program applicable to the source including:
(I) Whether the WEB source operated in
compliance with the sulfur dioxide allowance limitation;
(II) Whether sulfur dioxide emissions data
has been submitted to the Department in accordance with Section 2(h) (viii) of
this chapter and other applicable guidance, for review, revision as necessary,
and finalization for forwarding to the sulfur dioxide Allowance Tracking System
for recording;
(III) Whether the
monitoring plan that governs the WEB source has been maintained to reflect the
actual operation and monitoring of the source, and contains all information
necessary to attribute sulfur dioxide emissions to the source, in accordance
with Section 2(h)(i) of this chapter;
(IV) Whether all the sulfur dioxide emissions
from the WEB source if applicable, were monitored or accounted for either
through the applicable monitoring or through application of the appropriate
missing data procedures;
(V) If
applicable, whether any sulfur dioxide emitting unit for which the WEB source
is not required to monitor in accordance with Section 2(h)(i)(A)(III) of this
chapter remained permanently retired and had no emissions for the entire
applicable period; and
(VI) Whether
there were any changes in the method of operating or monitoring the WEB source
that required monitor recertification. If there were any such changes, the
report must specify the nature, reason, and date of the change, the method to
determine compliance status subsequent to the change, and specifically, the
method to determine sulfur dioxide emissions.
(iii) Penalties for any WEB source exceeding
its allowance limitations.
(A) Allowance
deduction penalty.
(I) If emissions from a WEB
source exceed the allowance limitation for a control period, as determined in
accordance with Section 2(k)(i) of this chapter, the source's allowances held
in its compliance account will be reduced by an amount equal to three times the
source's tons of excess emissions. If the compliance account does not have
sufficient allowances allocated for that control period, the required number of
allowances will be deducted from the WEB source's compliance account regardless
of the control period for which they were allocated, once allowances are
recorded in the account.
(II) Any
allowance deduction required under Section 2(k)(i)(C) of this chapter shall not
affect the liability of the owners and operators of the WEB source for any
fine, penalty or assessment or their obligation to comply with any other
remedy, for the same violation, as ordered under the Act, implementing
regulations or Wyoming Statute §
35-11-901. Accordingly, a violation can
be assessed each day of the control period for each ton of sulfur dioxide
emissions in excess of its allowance limitation, or for each other violation of
Section 2 of this chapter.
(iv) Liability.
(A) WEB Source liability for non-compliance.
Separate and regardless of any allowance deduction penalty, a WEB source that
violates any requirement of Chapter 14 is subject to civil and criminal
penalties under Wyoming Statute §
35-11-901. Each day of the control
period is a separate violation, and each ton of sulfur dioxide emissions in
excess of a source's allowance limitation is a separate violation.
(B) General liability.
(I) Any provision of the WEB Trading Program
that applies to a source or an account representative shall apply also to the
owners and operators of such source.
(II) Any person who violates any requirement
or prohibition of the WEB Trading Program will be subject to enforcement
pursuant to Wyoming Statute §
35-11-901.
(III) Any person who knowingly makes a false
material statement in any record, submission, or report under this WEB Trading
Program shall be subject to criminal enforcement pursuant to Wyoming Statute
§
35-11-901.
(l) Special Penalty Provisions for the 2018
Milestone.
(i) If the WEB Trading Program is
triggered as outlined in Part A3 of Section C of the WYRHSIP, and the first
control period will not occur until after the year 2018, the following
provisions shall apply for the 2018 emissions year.
(A) All WEB sources shall register, and open
a compliance account within 180 days after the program trigger date, in
accordance with Section 2(e)(i) and Section 2(g) of this chapter.
(B) The TSA will record the allowances for
the 2018 control period for each WEB source in the source's compliance account
once the Department allocates the 2018 allowances under Part A4.4 of Section C
of the WYRHSIP.
(C) The allowance
transfer deadline is midnight Pacific Standard Time on May 31, 2021 (or if this
date is not a business day, midnight of the first business day thereafter). WEB
sources may transfer allowances as provided in Section 2(i)(i) of this chapter
until the allowance transfer deadline.
(D) A WEB source must hold allowances
allocated for 2018, including those transferred into the compliance account by
an allowance transfer correctly submitted by the allowance transfer deadline,
in an amount not less than the WEB source's total sulfur dioxide emissions for
2018. Emissions are determined using the pre-trigger monitoring provisions in
Part A2.1 of Section C of the WYRHSIP, and Chapter 14, Section 3.
(E) In accordance with Section 2(j)(iv) and
2(l)(i)(D) of this chapter, Wyoming shall seek at least the minimum financial
penalty of $5,000 per ton of SO2 emissions in excess of
the WEB source's allowance limitation.
(I)
Any source may resolve its excess emissions violation by agreeing to a
streamline settlement approach where the source pays a penalty of $5,000 per
ton or partial ton of excess emissions, and payment is received within 90
calendar days after the issuance of a notice of violation.
(II) Any source that does not resolve its
excess emissions violation in accordance with the streamlined settlement
approach in Section 2(l)(i)(E)(I) of this chapter will be subject to civil
enforcement action, in which the Department shall seek a financial penalty for
the excess emissions based on the State's statutory maximum civil
penalties.
(F) Each ton
of SO2 emissions in excess of a source's allowance
limitation is a separate violation and each day of a control period is a
separate violation.
(ii)
The provisions in Section 2(l) of Chapter 14 shall continue to apply for each
year after the 2018 emission year until:
(A)
The first control period under the WEB trading program under Section
2(k)(i)(A)(I) of this chapter; or
(B) The Department determines, in accordance
with Part A3 of Section C of the WYRHSIP, that the 2018 sulfur dioxide
milestone has been met.
(iii) Special penalty provisions for the 2018
milestone for 2019 control period and each control period thereafter as
provided under Section 2(l)(ii) of this chapter include the following:
(A) For the 2019 control period, the
allowance transfer deadline is midnight Pacific Standard Time on May 31, 2021
(or if this date is not a business day, midnight of the first business day
thereafter). WEB sources may transfer allowances as provided in Section 2(i)(i) of this chapter until the allowance transfer deadline.
(B) A WEB source must hold allowances
allocated for the 2019 control period, including those transferred into the
compliance account by an allowance transfer correctly submitted by the
allowance transfer deadline, in an amount not less than the WEB source's total
SO2 emissions for the 2019 control period. Emissions are
determined using the pre-trigger monitoring provisions in Part A2.1 of Section
C of the WYRHSIP, and Chapter 14, Section 3.
(C) In accordance with Section 2(j)(iv) and
2(i)(i)(D), Wyoming shall seek at least the minimum financial penalty of $5,000
per ton of SO2 emissions in excess of the WEB source's
allowance limitation.
(I) Any source may
resolve its excess emissions violation by agreeing to a streamline settlement
approach where the source pays a penalty of $5,000 per ton or partial ton of
excess emissions, and payment is received within 90 calendar days after the
issuance of a notice of violation.
(II) Any source that does not resolve its
excess emissions violation in accordance with the streamlined settlement
approach in Section 2(l)(i)(E)(I) of this chapter will be subject to civil
enforcement action, in which the Department shall seek a financial penalty for
the excess emissions based on the State's statutory maximum civil
penalties.
(D) Each ton
of SO2 emissions in excess of a source's allowance
limitation is a separate violation and each day of a control period is a
separate violation.
(E) For each
control period after 2019 that the special penalty is assessed, the dates and
deadlines in Section 2(l)(iii)(A)-(D) of this chapter above will be adjusted
forward by one year.
(m) Integration Into Permits.
Any WEB source that is not subject to WAQSR Chapter 6, Section 3 at any time after Chapter 14 becomes effective must obtain a permit under WAQSR Chapter 6, Section 2 or modify an existing permit issued under WAQSR Chapter 6, Section 2 that incorporates the requirements of Section 2 of this chapter.
Notes
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.