(A) Thermal energy plan.
(1) General provisions. The designated
representative of an opt-in source that seeks to qualify for the transfer of
allowances based on the replacement of thermal energy by a replacement unit
shall submit a thermal energy plan subject to the requirements of paragraph (A)
of rule 3745-103-09 of the
Administrative Code for multi-unit compliance options and this rule. The
effective period of the thermal energy plan shall begin at the beginning of the
calendar quarter (either January first, April first, July first, or October
first) for which the plan is approved and end December thirty-first of the last
full calendar year for which the opt-in permit containing the plan is in
effect.
(2) Applicability. This
rule
applies to any designated representative of an opt-in
source and any designated representative of each replacement unit seeking to
transfer allowances based on the replacement of thermal energy.
(3) Contents. Each thermal energy plan shall
contain all of the following elements in a format prescribed by the USEPA:
(a) The calendar year and quarter that the
thermal energy plan takes effect, which shall be the first year and quarter the
replacement
unit will replace thermal energy of the opt-in
source.
(b) The name, authorized
account representative identification number, and telephone number of the
designated representative of the opt-in source.
(c) The name, authorized account
representative identification number, and telephone number of the designated
representative of each replacement unit.
(d) The account identification number in the
allowance tracking system of the source that includes the opt-in
source.
(e) The account
identification number in the allowance tracking system of each source that
includes a replacement unit.
(f)
The type of fuel used by each replacement unit.
(g) The allowable SO2
emissions rate, expressed in pounds of SO2 per MMBtu, of
each replacement unit for the calendar year for which the plan shall take
effect. When a thermal energy plan is renewed in accordance with paragraph
(A)(9) of this rule, the allowable SO2 emission rate at
each replacement unit shall be the most stringent federally enforceable
allowable SO2 emissions rate applicable at the time of
renewal for the calendar year for which the renewal shall take effect. This
rate shall not be annualized.
(h)
The estimated annual amount of total thermal energy to be reduced at the opt-in
source, including all energy flows (steam, gas, or hot water) used for any
process or in any heating or cooling application, and, for a plan starting
April first, July first, or October first such estimated amount of total
thermal energy to be reduced starting April first, July first or October first
respectively and ending on December thirty-first.
(i) The estimated amount of total thermal
energy at each replacement unit for the calendar year prior to the year for
which the plan is to take effect, including all energy flows (steam, gas, or
hot water) used for any process or in any heating or cooling application, and,
for a plan starting April first, July first, or October first, such estimated
amount of total thermal energy for the portion of such calendar year starting
April first, July first, or October first respectively and ending on December
thirty-first.
(j) The estimated
annual amount of total thermal energy at each replacement unit after replacing
thermal energy at the opt-in source, including all energy flows (steam, gas, or
hot water) used for any process or in any heating or cooling application, and,
for a plan starting April first, July first, or October first, such estimated
amount of total thermal energy at each replacement unit after replacing thermal
energy at the opt-in source starting April first, July first, or October first
respectively and ending December thirty-first.
(k) The estimated annual amount of thermal
energy at each replacement unit, including all energy flows (steam, gas, or hot
water) used for any process or in any heating or cooling application, replacing
the thermal energy at the opt-in source, and, for a plan starting April first,
July first, or October first, such estimated amount of thermal energy replacing
thermal energy at the opt-in source starting April first, July first, or
October first respectively and ending December thirty-first.
(l) The estimated total annual fuel input at
each replacement unit after replacing thermal energy at the opt-in source, and,
for a plan starting April first, July first, or October first, such estimated
total fuel input after replacing thermal energy at the opt-in source starting
April first, July first, or October first respectively and ending December
thirty-first.
(m) The number of
allowances calculated under paragraph (B) of this rule that the opt-in source
shall transfer to each replacement unit represented in the thermal energy
plan.
(n) The estimated number of
allowances to be deducted for reduced utilization under rule
3745-103-45 of the
Administrative Code.
(o)
Certification that each replacement unit has entered into a legally binding
steam sales agreement to provide the thermal energy, as calculated under
paragraph (A)(3)(k) of this rule, that it is replacing for the opt-in source.
The designated representative of each replacement unit shall maintain and make
available, at the USEPA or the director's request, copies of documents
demonstrating that the replacement unit is replacing the thermal energy at the
opt-in source.
(4)
Submission. The designated representative of the opt-in source seeking to
qualify for the transfer of allowances based on the replacement of thermal
energy shall submit a thermal energy plan to the director by no later than six
months prior to the first calendar year for which the plan is to be in effect.
The thermal energy plan shall be signed and certified by the designated
representative of the opt-in source and each replacement unit covered by the
plan.
(5) Retirement of opt-in
source upon enactment of plan.
(a) If the
opt-in source shall be permanently retired as of the effective date of the
thermal energy plan, the opt-in source shall not be required to monitor its
emissions upon retirement, consistent with
40 CFR
75.67, provided that the following
requirements are met:
(i) The designated
representative of the opt-in source shall include in the plan a request for an
exemption from the requirements of 40 CFR Part 75 in accordance with
40 CFR
75.67 and shall submit the following
statement: "I certify that the opt-in source "is" or "will be", as applicable
permanently retired on the date specified in this plan and will not emit any
sulfur dioxide or nitrogen oxides after such date."
(ii) The opt-in source shall not emit any
sulfur dioxide or nitrogen oxides after the date specified in the
plan.
(b) Notwithstanding
the monitoring exemption discussed in paragraph (A) (5)(a) of this rule, the
designated representative for the opt-in source shall submit the annual
compliance certification report provided under paragraph (D) of this
rule.
(6) USEPA's action.
If the director approves a thermal energy plan, the USEPA will annually
transfer allowances to the compliance account of each source that includes a
replacement unit, as provided in the approved plan.
(7) Incorporation, modification and renewal
of a thermal energy plan.
(a) An approved
thermal energy plan, including any revised or renewed plan that is approved,
shall be incorporated into both the opt-in permit for the opt-in source and the
acid rain permit for each replacement unit governed by the plan. Upon approval,
the thermal energy plan shall be incorporated into the acid rain permit for
each replacement unit pursuant to the requirements for administrative permit
amendments under rule
3745-103-18 of the
Administrative Code.
(b) In order
to revise an opt-in permit to add an approved thermal energy plan or to change
an approved thermal energy plan, the designated representative of the opt-in
source shall submit a plan or a revised plan under paragraph (A)(4) of this
rule and meet the requirements for permit revisions under rule
3745-103-15 of the
Administrative Code and either rule
3745-103-16 or
3745-103-17 of the
Administrative Code.
(8)
Termination of plan.
(a) A thermal energy plan
shall be in effect until the earlier of the expiration of the opt-in permit for
the opt-in source or the year for which a termination of the plan takes effect
under paragraph (A)(8)(b) of this rule.
(b) Termination of plan by opt-in source and
replacement units. A notification to terminate a thermal energy plan in
accordance with paragraph (C) of rule
3745-103-09 of the
Administrative Code shall be submitted no later than December first of the
calendar year for which the termination shall take effect.
(c) If the requirements of paragraph
(A)(8)(b) of this rule are met and upon revision of the opt-in permit of the
opt-in source and the acid rain permit of each replacement unit governed by the
thermal energy plan to terminate the plan pursuant to rule
3745-103-18 of the
Administrative Code, the USEPA will adjust the allowances for the opt-in source
and the replacement units to reflect the transfer back to the opt-in source of
the allowances transferred from the opt-in source under the plan for the year
for which the termination of the plan takes effect.
(9) Renewal of thermal energy plan. The
designated representative of an opt-in source may renew the thermal energy plan
as part of its opt-in permit renewal in accordance with rule
3745-103-32 of the
Administrative Code.