6 CRR-NY 242-1.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER III. AIR RESOURCES
SUBCHAPTER A. PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
PART 242. CO2 BUDGET TRADING PROGRAM
SUBPART 242-1. CO2 BUDGET TRADING PROGRAM GENERAL PROVISIONS
6 CRR-NY 242-1.5
6 CRR-NY 242-1.5
242-1.5 Standard requirements.
(a) Permit requirements.
(1) Each CO2 budget source is required to modify its permit pursuant to Parts 201 and 621 of this Title to include all applicable requirements of the CO2 Budget Trading Program.
(2) The owners and operators of each CO2 budget source required to have an operating permit pursuant to Part 201 of this Title and each CO2 budget unit required to have an operating permit pursuant to Part 201 of this Title for the source shall have a CO2 budget permit and operate the CO2 budget source and the CO2 budget unit at the source in compliance with such CO2 budget permit.
(b) Monitoring requirements.
(1) The owners and operators and, to the extent applicable, the CO2 authorized account representative of each CO2 budget source and each CO2 budget unit at the source shall comply with the monitoring requirements of Subpart 242-8 of this Part.
(2) The emissions measurements recorded and reported in accordance with Subpart 242-8 of this Part shall be used to determine compliance by the unit with the CO2 requirements under subdivision (c) of this section.
(c) CO2 requirements.
(1) The owners and operators of each CO2 budget source and each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions under section 242-6.5 of this Part, as of the CO2 allowance transfer deadline, in the source's compliance account in an amount not less than the total CO2 emissions for the control period from all CO2 budget units at the source, less the CO2 allowances deducted to meet the requirements of paragraph (2) of this subdivision with respect to the previous two interim control periods, as determined in accordance with Subparts 242-6 and 242-8 of this Part.
(2) The owners and operators of each CO2 budget source and each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions under section 242-6.5 of this Part, as of the CO2 allowance transfer deadline, in the source’s compliance account in an amount not less than the total CO2 emissions for the interim control period from all CO2 budget units at the source multiplied by 0.50, as determined in accordance with Subparts 242-6 and 242-8 of this Part.
(3) Each ton of CO2 emitted in excess of the CO2 budget emissions limitation for a control period shall constitute a separate violation of this Part and applicable State law.
(4) Each ton of excess interim emissions shall constitute a separate violation of this Part and applicable State law.
(5) A CO2 budget unit shall be subject to the requirements under paragraph (1) of this subdivision starting on the later, of January 1, 2009 or the date on which the unit commences operation.
(6) CO2 allowances shall be held in, deducted from, or transferred among CO2 allowance tracking system accounts in accordance with Subparts 242-5, 242-6, and 242-7, and section 242-10.7 of this Part.
(7) A CO2 allowance shall not be deducted, in order to comply with the requirements under paragraph (1) or (2) of this subdivision, for a control period or interim control period that ends prior to the allocation year for which the CO2 allowance was allocated. A CO2 offset allowance shall not be deducted, in order to comply with the requirements under paragraph (1) or (2) of this subdivision, beyond the applicable percent limitations set out in section 242-6.5(a)(3) of this Part.
(8) A CO2 allowance under the CO2 Budget Trading Program is a limited authorization by the department or a participating state to emit one ton of CO2 in accordance with the CO2 Budget Trading Program. No provision of the CO2 Budget Trading Program, the CO2 budget permit application, or the CO2 budget permit or any provision of law shall be construed to limit the authority of the department or a participating state to terminate or limit such authorization.
(9) A CO2 allowance under the CO2 Budget Trading Program does not constitute a property right.
(d) Excess emissions requirements.
The owners and operators of a CO2 budget source that has excess emissions in any control period, or excess interim emissions for any interim control period, or shall:
(1) forfeit the CO2 allowances required for deduction under section 242-6.5(d)(1) of this Part, provided CO2 offset allowances may not be used to cover any part of such excess emissions; and
(2) pay any fine, penalty, or assessment or comply with any other remedy imposed under section 242-6.5(d)(2) of this Part.
(e) Recordkeeping and reporting requirements.
(1) Unless otherwise provided, the owners and operators of the CO2 budget source and each CO2 budget unit at the source shall keep on site at the source each of the following documents for a period of 10 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 10 years, in writing by the department.
(i) The account certificate of representation for the CO2 authorized account representative for the source and each CO2 budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with section 242-2.4 of this Part, provided that the certificate and documents shall be retained on site at the source beyond such 10-year period until such documents are superseded because of the submission of a new account certificate of representation.
(ii) All emissions monitoring information, in accordance with Subpart 242-8 of this Part and 40 CFR 75.57 (see table 1, section 200.9 of this Title).
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the CO2 Budget Trading Program.
(iv) Copies of all documents used to complete a CO2 budget permit application and any other submission under the CO2 Budget Trading Program or to demonstrate compliance with the requirements of the CO2 Budget Trading Program.
(2) The CO2 authorized account representative of a CO2 budget source and each CO2 budget unit at the source shall submit the reports and compliance certifications required under the CO2 Budget Trading Program, including those under Subpart 242-4 of this Part.
(f) Liability.
(1) No permit revision shall excuse any violation of the requirements of the CO2 Budget Trading Program that occurs prior to the date that the revision takes effect.
(2) Any provision of the CO2 Budget Trading Program that applies to a CO2 budget source (including a provision applicable to the CO2 authorized account representative of a CO2 budget source) shall also apply to the owners and operators of such source and of the CO2 budget units at the source.
(3) Any provision of the CO2 Budget Trading Program that applies to a CO2 budget unit (including a provision applicable to the CO2 authorized account representative of a CO2 budget unit) shall also apply to the owners and operators of such unit.
(g) Effect on other authorities.
(1) No provision of the CO2 Budget Trading Program, a CO2 budget permit application, or a CO2 budget permit, shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the CO2 authorized account representative of a CO2 budget source or CO2 budget unit from compliance with any other provisions of applicable State and Federal law and regulations.
6 CRR-NY 242-1.5
Current through February 29, 2020
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