Arkansas SIP: Reg 19, Chapter 14, CAIR NOx Ozone Season Trading Program, SIP effective June 16, 2014 (ARd16) and November 6, 2018 (ARd31)
Arkansas Regulation No. 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control
CHAPTER 14: CAIR NOx OZONE SEASON TRADING PROGRAM GENERAL PROVISIONS
As approved by EPA April 17, 2014 (79 FR 21631) SIP effective June 16, 2014 (ARd16) and with revision to Reg. 19.1401 approved by EPA August 8, 2018 (83 FR 38964) SIP effective November 6, 2018 (ARd31)
Outline:
Reg. 19.1401 Adoption of Regulations. ARd16
Reg. 19.1401 Adoption of Regulations. ARd31
Reg. 19.1402 State Trading Budget. ARd08
Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance Allocations. ARd08
Reg. 19.1404 CAIR NOx Ozone Season Allowance Allocations. ARd16
Reg. 19.1401 Adoption of Regulations. ARd16
SIP effective June 16, 2014 (ARd16) to November 5, 2018
As adopted by the Arkansas Pollution Control and Ecology Commission (APC&EC) on June 26, 2009, effective July 18, 2009, and submitted to EPA September 16, 2009, Regulations.gov docket EPA-R06-OAR-2009-0594-0004 [AR008.04].
Approved by EPA April 17, 2014 (79 FR 21631) effective June 16, 2014 (ARd16),
Regulations.gov document EPA-R06-OAR-2009-0594-0001 [AR008.01].
40 CFR Part 96, Subparts AAAA-HHHH for the CAIR NOx Ozone Season Trading Program, as finalized by the U.S. Environmental Protection Agency (EPA) on May 12, 2005, and further revised by EPA on April 28, 2006, with correcting amendments on December 13, 2006, and on October 19.2007, are herein incorporated by reference with the exception of Subpart EEEE (CAIR NOx Ozone Season Allowance Allocations) and all references to CAIR NOx Ozone Season Opt-in Units, which, along with Subpart IIII (CAIR NOx Ozone Season Opt-in Units), are not incorporated. The following regulations replace 40 CFR 96 Subpart EEEE.
Reg. 19.1401 Adoption of Regulations. ARd31
SIP effective November 6, 2018 (ARd31)
As adopted by the Arkansas Pollution Control and Ecology Commission (APC&EC) February 26, 2016, effective March 14, 2016, and submitted to EPA March 24, 2017, Regulations.gov document EPA-R06-OAR-2017-0435-0004 [AR026.04].
Approved by EPA August 8, 2016 (83 FR 38964) effective November 6, 2018 (ARd31), Regulations.gov documents EPA-R06-OAR-2017-0699-0008 [AR027.08] to EPA-R06-OAR-2017-0699-0012 [AR027.12].
40 C.F.R. Part 96, Subparts AAAA-HHHH for the CAIR NOx Ozone Season Trading Program, as finalized by the EPA on May 12, 2005, and further revised by EPA on April 28, 2006, with correcting amendments on December 13, 2006, and on October 19, 2007, are herein incorporated by reference with the exception of Subpart EEEE (CAIR NOx Ozone Season Allowance Allocations) and all references to CAIR NOx Ozone Season Opt-in Units, which, along with Subpart IIII (CAIR NOx Ozone Season Opt-in Units), are not incorporated. The following regulations replace 40 C.F.R. § 96 Subpart EEEE.
Reg. 19.1402 State Trading Budget. ARd08
As adopted by the Arkansas Pollution Control and Ecology Commission on June 22, 2007, and submitted to EPA August 10, 2007.
Approved by EPA September 26, 2007 (72 FR 54556) effective November 26, 2007 (ARd08).
Regulations.gov docket EPA-R06-OAR-2007-0886
The Arkansas State trading budgets for annual allocations for CAIR NOx Ozone Season allowances have been set by EPA as follows: for the control periods of 2009 through 2014, 11,515 tons per control period; and for the control periods for 2015 and beyond, 9,596 tons per control period. The total number of allowances allocated by the State of Arkansas shall not exceed these budgets for their respective control periods.
Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance Allocations. ARd08
As adopted by the Arkansas Pollution Control and Ecology Commission on June 22, 2007, and submitted to EPA August 10, 2007.
Approved by EPA September 26, 2007 (72 FR 54556) effective November 26, 2007 (ARd08).
Regulations.gov docket EPA-R06-OAR-2007-0886
(A) For EGUs allocated allowances under Reg. 19.1404(B) and (C), the Department will determine and notify the Administrator of each unit's allocation of CAR NOx Ozone Season allowances by April 30,2007, for 2009,2010, and 2011 and by October 31,2008, and October 3 1 of each year thereafter for the 4th year after the notification deadline.
(B) For EGUs allocated allowances under Reg. 19.1404(D), the Department will determine and notify the Administrator of each unit's allocation of CAIR NOx Ozone Season allowances by July 31 of the year for which the CAR NOx Ozone Season allowances are allocated.
Reg. 19.1404 CAIR NOx Ozone Season Allowance Allocations. ARd16
SIP effective June 16, 2014 (ARd16).
As adopted by the Arkansas Pollution Control and Ecology Commission (APC&EC) on June 26, 2009, effective July 18, 2009, and submitted to EPA September 16, 2009, Regulations.gov docket EPA-R06-OAR-2009-0594-0004 [AR008.04].
Approved by EPA April 17, 2014 (79 FR 21631) effective June 16, 2014 (ARd16),
Regulations.gov document EPA-R06-OAR-2009-0594-0001 [AR008.01].
(A) The baseline gross electric generation (in MWh) used with respect to CAIR NOx Ozone Season allowance allocations under Reg. 19 .1404(B) for each CAIR NOx Ozone Season unit that has operated each calendar year during a period of 5 or more consecutive calendar years, the average of the 3 highest amounts of the unit's control period gross electrical output over the 5 years immediately preceding the year in which allocations are due to EPA, provided that gross electrical output of a generator served by two or more units will be attributed to each unit in proportion to each unit's share of the total control period heat input of such units for the year. For the allocations allocated for 2009, 2010, 2011, baseline data will be determined using gross electrical output for years 2000 through 2004.
(B) With regard to the timing requirements contained in Reg. 19.1403, for each control period in 2009 and thereafter, the Department will allocate to all CAIR NOx Ozone Season units in the State that have baseline gross electric generation (as determined under Reg. 19.1404(A) a total amount of CAIR NOx Ozone Season allowances equal to 95 percent for a control period, of the tons of NOx emissions in the State trading budget under Reg. 19.1402 (except as provided in Reg. 19.1404(E)).
(C) The Department will allocate CAIR NOx Ozone Season allowances to each CAIR NOx Ozone Season unit under Reg. 19.1404(B) in an amount determined by multiplying the total amount of CAIR NOx Ozone Season allowances allocated under paragraph (B) of this section by the ratio of the baseline gross electric generation of such CAIR NOx Ozone Season unit to the total amount of baseline gross electric generation of all such CAIR NOx Ozone Season units in the State and rounding to the nearest whole allowances as appropriate.
(D) For each control period in 2009 and thereafter, the Department will allocate CAIR NOx Ozone Season allowances to CAIR NOx Ozone Season units in the State that do not yet have a baseline gross electric generation (as determined under Reg. 19.1404(A)), in accordance with the following procedures:
(1) The Department will establish a separate new unit set-aside for each control period. Each new unit set-aside will be allocated CAIR NOx Ozone Season allowances equal to 5 percent of the amount of tons of NOx emissions in the State trading budget under Reg. 19.1402.
(2) The CAIR designated representative of such a CAIR NOx Ozone Season unit may submit to the Department a request, in a format specified by the Department, to be allocated CAIR NOx Ozone Season allowances, starting with the later of the control period in 2009 or the first control period after the control period in which the CAIR NOx Ozone Season unit commences commercial operation and until the first control period for the which the unit is allocated CAIR NOx Ozone Season allowances under Reg. 19.1404(B). The CAIR NOx Ozone Season allowance allocation request must be submitted on or before January 1 of the first control period for which the CAIR NOx Ozone Season allowances are requested and after the date on which the CAIR NOx Ozone Season unit commences commercial operation.
(3) In a CAIR NOx Ozone Season allowance allocation request under Reg. 19.1404(D)(2), the CAIR designated representative may request for a control period CAIR NOx Ozone Season allowances in an amount not exceeding the CAIR NOx Ozone Season unit's total tons of NOx emissions during the control period immediately before such control period.
(4) The Department will review each CAIR NOx Ozone Season allowance allocation request under Reg. 19.1404(D)(2) and will allocate CAIR NOx Ozone Season allowances for each control period pursuant to such request as follows:
(a) The Department will accept an allowance allocation request only if the request meets, or is adjusted by the Department as necessary to meet, the requirements of Reg. 19.1404(D)(2) and (3).
(b) On or after February 1 of the control period, the Department will determine the sum of the CAIR NOx Ozone Season allowances requested (as adjusted under Reg. 19.1404(D)(4)(a)) for the control period.
(c) If the amount of CAIR NOx Ozone Season allowances in the new unit set-aside for the control period is greater than or equal to the sum under Reg. 19.1404 (D)(4)(b), then the Department will allocate the amount of CAIR NOx Ozone Season allowances requested (as adjusted under Reg. 19.1404(D)(4)(a)) to each CAIR NOx Ozone Season unit covered by Reg. 19.1404(D)(4)(a).
(d) If the amount of CAIR NOx Ozone Season allowances in the new unit set-aside for the control period is less than the sum under Reg. 19.1404(D)(4)(b), then the Department will allocate to each CAIR NOx Ozone Season unit covered by an allowance allocation request accepted under Reg. 19.1404(D)(4)(a) the amount of the CAIR NOx Ozone Season allowances requested (as adjusted under Reg. 19.1404(D)(4)(a)), multiplied by the amount of CAIR NOx Ozone Season allowances in the new unit set-aside for the control period, divided by the sum determined under Reg. 19.1404(D)(4)(b), and rounded to the nearest whole allowance as appropriate.
(e) The Department will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NOx Ozone Season allowances (if any) allocated for the control period to the CAIR NOx Ozone Season unit covered by the request.
(E) If, after completion of the procedures under Reg. 19.1404(D)(4) for a control period, any unallocated CAIR NOx Ozone Season allowances remain in the new unit set-aside for the control period, the Department will allocate to each CAIR NOx Ozone Season unit that was allocated CAIR NOx Ozone Season allowances under Reg. 19.1404(B) an amount of CAIR NOx Ozone Season allowances equal to the total amount of such remaining unallocated CAIR NOx Ozone Season allowances, multiplied by the unit's allocation under Reg. 19.1404(B), divided by 95 percent of the amount of tons of NOx emissions in the State trading budget under Reg. 19.1402, and rounded to the nearest whole allowance as appropriate.