Chapter 140. Regulation for Emissions Trading Programs

A. An account certificate of representation may designate one and only one CO2 authorized alternate account representative who may act on behalf of the CO2 authorized account representative. The agreement by which the CO2 authorized alternate account representative is selected sh…

A. The owner or operator of a NOx Budget unit shall comply with the following initial certification and recertification procedures, except that the owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under 40 CFR 75.19 shall al…

A. The CO2 authorized account representative may be changed at any time upon receipt by the department or its agent of a superseding complete account certificate of representation under 9VAC5-140-7110. Notwithstanding any such change, all representations, actions, inactions, and …

A. A complete account certificate of representation for a CO2 authorized account representative or a CO2 authorized alternate account representative shall include the following elements in a format prescribed by the department or its agent: 1. Identification of the CO2 budget sou…

A. Once a complete account certificate of representation under 9VAC5-140-7110 has been submitted and received, the department and its agent will rely on the account certificate of representation unless and until the department or its agent receives a superseding complete account …

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

A. Each CO2 budget source shall have a permit issued by the department pursuant to 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation). B. Each CO2 budget permit shall contain all applicable CO2 Budget Trading Program requirements and shall be a complete…

For any CO2 budget source, the CO2 authorized account representative shall submit a complete CO2 budget permit application under 9VAC5-140-7160 covering such CO2 budget source to the department by the later of January 1, 2021, or 12 months before the date on which the CO2 budget …

A complete CO2 budget permit application shall include the following elements concerning the CO2 budget source for which the application is submitted, in a format prescribed by the department: 1. Identification of the CO2 budget source, including plant name and the ORIS (Office o…

A. For each control period in which a CO2 budget source is subject to the CO2 requirements of 9VAC5-140-7050 C, the CO2 authorized account representative of the source shall submit to the department by March 1 following the relevant control period, a compliance certification repo…

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

A. The Virginia CO2 Budget Trading Program base budget shall be as follows: 1. For 2021, the Virginia CO2 Budget Trading Program base budget is 27.16 million tons. 2. For 2022, the Virginia CO2 Budget Trading Program base budget is 26.32 million tons. 3. For 2023, the Virginia CO…

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

A. The department will retire undistributed CO2 allowances at the end of each control period. B. The department will retire unsold CO2 allowances at the end of each control period.Statutory Authority§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 o…

A. The department will allocate the Virginia CO2 Budget Trading Program base budget CO2 allowances to the Virginia Auction Account. B. For allocation years 2021 through 2030, the Virginia CO2 Budget Trading Program adjusted budget shall be the maximum number of allowances availab…

A. Consistent with 9VAC5-140-7230 A, the department or its agent will establish one compliance account for each CO2 budget source. Allocations of CO2 allowances pursuant to Article 5 (9VAC5-140-7190 et seq.) of this part and deductions or transfers of CO2 allowances pursuant to 9…

A. Upon receipt of a complete account certificate of representation under 9VAC5-140-7110, the department or its agent will establish an allowance account and a compliance account for each CO2 budget source for which an account certificate of representation was submitted. B. Gener…

Following the establishment of a COATS account, all submissions to the department or its agent pertaining to the account, including submissions concerning the deduction or transfer of CO2 allowances in the account, shall be made only by the CO2 authorized account representative f…

A. By January 1 of each calendar year, the department or its agent will record in the following accounts: 1. In each CO2 budget source's allowance account, the CO2 allowances allocated to those sources by the department prior to being auctioned; and 2. In each CO2 budget source's…

A. CO2 allowances that meet the following criteria are available to be deducted for a CO2 budget source to comply with the CO2 requirements of 9VAC5-140-7050 C for a control period or an interim control period. 1. The CO2 allowances are of allocation years that fall within a prio…

Each CO2 allowance that is held in a compliance account or a general account will remain in such account unless and until the CO2 allowance is deducted or transferred under 9VAC5-140-7180, 9VAC5-140-7260, 9VAC5-140-7280, or Article 7 (9VAC5-140-7300 et seq.) of this part.Statutor…

The department or its agent may, at its sole discretion and on its own motion, correct any error in any COATS account. Within 10 business days of making such correction, the department or its agent will notify the CO2 authorized account representative for the account.Statutory Au…

A. A CO2 authorized account representative of a general account may instruct the department or its agent to close the account by submitting a statement requesting deletion of the account from the COATS and by correctly submitting for recordation under 9VAC5-140-7300 a CO2 allowan…

The NOx authorized account representative for a NOx Budget unit shall submit written notice to the permitting authority and the administrator in accordance with 40 CFR 75.61. Statutory Authority§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et …

The CO2 authorized account representatives seeking recordation of a CO2 allowance transfer shall submit the transfer to the department or its agent. To be considered correctly submitted, the CO2 allowance transfer shall include the following elements in a format specified by the …

A. Within five business days of receiving a CO2 allowance transfer, except as provided in subsection B of this section, the department or its agent will record a CO2 allowance transfer by moving each CO2 allowance from the transferor account to the transferee account as specified…

A. Within five business days of recordation of a CO2 allowance transfer under 9VAC5-140-7310, the department or its agent will notify each party to the transfer. Notice will be given to the CO2 authorized account representatives of both the transferor and transferee accounts. B. …

A. A power purchaser entered into a life-of-the-unit contractual arrangement as described in subdivision b of the definition of "life-of-the-unit contractual arrangement" with a CO2 budget source or unit shall be responsible for acquiring and transferring all allowances to the CO…

A. The owners and operators, and to the extent applicable, the CO2 authorized account representative of a CO2 budget unit shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this section and all applicable sections of 40 CFR Part 75. Where r…

A. The owner or operator of a CO2 budget unit shall be exempt from the initial certification requirements of this section for a monitoring system under 9VAC5-140-7330 B 1 if the following conditions are met: 1. The monitoring system has been previously certified in accordance wit…

A. Whenever any monitoring system fails to meet the quality assurance/quality control (QA/QC) requirements or data validation requirements of 40 CFR Part 75, data shall be substituted using the applicable procedures in Subpart D or Appendix D of 40 CFR Part 75. B. Whenever both a…

The CO2 authorized account representative for a CO2 budget unit shall submit written notice to the department and the administrator in accordance with 40 CFR 75.61.Statutory Authority§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air …

A. The CO2 authorized account representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements under 40 CFR 75.73, and the requirements of 9VAC5-140-7080 E. B. The owner or operator of a CO2 bud…

A. Except as provided in subsection C of this section, the CO2 authorized account representative of a CO2 budget unit that is subject to an Acid Rain emissions limitation may submit a petition to the administrator under 40 CFR 75.66 and to the department requesting approval to ap…

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

Statutory Authority§ of the Code of Virginia.

The following requirements shall apply to each allowance auction. The department or its agent may specify additional information in the auction notice for each auction. Such additional information may include the time and location of the auction, auction rules, registration deadl…

A. The department's agent will include the following information in the auction notice for each auction: 1. The number of CO2 allowances offered for sale at the auction, not including any CO2 CCR allowances; 2. The number of CO2 CCR allowances that will be offered for sale at the…

In conjunction with the CO2 Budget Trading Program program monitoring and review process, the department will evaluate impacts of the program specific to Virginia, including economic, energy, and environmental impacts and impacts on vulnerable and environmental justice and unders…

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

(Repealed.)

Article 9 (Repealed)

(Repealed.)

(Repealed.)