Utah Administrative Code
Topic - Environmental Quality
Title R307 - Air Quality
Rule R307-250 - Western Backstop Sulfur Dioxide Trading Program
Section R307-250-12 - Compliance
Universal Citation: UT Admin Code R 307-250-12
Current through Bulletin 2024-06, March 15, 2024
(1) Compliance with Allowance Limitations.
(a) The WEB source must hold allowances, in
accordance with (b)and (c) below and
R307-250-11,
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
R307-250-9(1)(b),
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
R307-250-9.
(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 years following the calendar year for which sulfur dioxide
emissions exceeded the milestone as determined in accordance with SIP Section
XX.E.1.
(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 years following the inventory
year in which the source became a WEB source.
(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 SIP Section XX.E.1.d, 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
R307-250-11
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
R307-250-9(1)(b),
as reported by the source to the director, in accordance with
R307-250-9,
and recorded in the WEB EATS 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
R307-250-11.
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 compliance 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
R307-250-9(1)(a),
as reported by the source to the director in accordance with
R307-250-9
and recorded in the WEB EATS, 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
R307-250-11.
(iii) If the comparison in paragraph (ii)
above 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
R307-250-12(3)(a).
(d)
Other than allowances in a special reserve compliance account for units
monitored under
R307-250-9(1)(b),
to the extent consistent with
R307-250-11,
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
R307-250-9(1)(b)
shall be deducted as specified in paragraph (c)(i) above.
(2) 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 director 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 or special reserve compliance
account for compliance with the allowance limitation; and
(iii) the compliance certification report
according to (c) below.
(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 in compliance with the requirements of
the WEB Trading Program applicable to the source during the control period
covered by the report, including:
(i) whether
the WEB source operated in compliance with the sulfur dioxide allowance
limitation;
(ii) whether sulfur
dioxide emissions data was submitted to the director in accordance with
R307-250-9(8)
and other applicable requirements for review, revision as necessary, and
finalization;
(iii) whether the
monitoring plan for 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
R307-250-9(2);
(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
R307-250-9(1)(a)(iii)
of this rule 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.
(3) Penalties for Any WEB Source Exceeding Its Allowance Limitations.
(a) Allowance
Deduction Penalty.
(i) An allowance deduction
penalty will be assessed equal to three times the number of the WEB source's
tons of sulfur dioxide emissions in excess of its allowance limitation for a
control period, determined in accordance with R307-250-12(1). Allowances
allocated for the following control period in the amount of the allowance
deduction penalty will be deducted from the source's compliance account. 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
R307-250-12(1)(c) 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
Clean Air Act, implementing regulations or Utah Code 19-2. 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 R307-250.
(4) Liability.
(a) WEB Source liability for non-compliance.
Separate and regardless of any allowance deduction penalty, a WEB source that
violates any requirement of this Rule is subject to civil and criminal
penalties under Utah Code 19-2. 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 Utah Code 19-2.
(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 the Utah Code.
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