Utah Administrative Code
Topic - Environmental Quality
Title R307 - Air Quality
Rule R307-250 - Western Backstop Sulfur Dioxide Trading Program
Section R307-250-13 - Special Penalty Provisions for the 2018 Milestone
Universal Citation: UT Admin Code R 307-250-13
Current through Bulletin 2024-06, March 15, 2024
(1) If the WEB Trading Program is triggered as outlined in SIP Section XX.E.1, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year.
(a) All WEB sources shall
register, and shall open a compliance account within 180 days after the program
trigger date, in accordance with
R307-250-6(1)
and
R307-250-8.
(b) The TSA will record the allowances for
the 2018 control period for each WEB source in the source's compliance account
once the director allocates the 2018 allowances under SIP Section XX.E.3.a and
XX.E.4.
(c) The allowance transfer
deadline is midnight Pacific Standard Time on May 31, 2021 (or if this date is
not a business day, midnight of the first business day thereafter). WEB sources
may transfer allowances as provided in
R307-250-10(1)
until the allowance transfer deadline.
(d) A WEB source must hold allowances
allocated for 2018, including those transferred into the compliance account or
a special reserve account by an allowance transfer correctly submitted by the
allowance transfer deadline, in an amount not less than the WEB source's total
sulfur dioxide emissions for 2018. Emissions will be determined using the
pre-trigger monitoring provisions in SIP Section XX.E.2, and R307-150
(e) In accordance with
R307-250-11(4)
and (d) above, the director will seek a
minimum financial penalty of $5,000 per ton of sulfur dioxide emissions in
excess of the WEB source's allowance limitation.
(i) Any source may resolve its excess
emissions violation by agreeing to a streamline settlement approach where the
source pays a penalty of $5,000 per ton or partial ton of excess emissions, and
payment is received within 90 calendar days after the issuance of a notice of
violation.
(ii) Any source that
does not resolve its excess emissions violation in accordance with the
streamlined settlement approach in (i) above will be subject to enforcement
action in which the director will seek a financial penalty for the excess
emissions based on the statutory maximum civil penalties.
(f) Each ton of sulfur dioxide emissions in
excess of a source's allowance limitation is a separate violation and each day
of a control period is a separate violation.
(2) The provisions in R307-250-13 shall continue to apply for each year after the 2018 emission year until:
(a) the first control period under the WEB
trading program; or
(b) the
director determines, in accordance with SIP Section XX.E.1.c(10), that the 2018
sulfur dioxide milestone has been met.
(3) If the special penalty provisions continue after the year 2018 as outlined in (2) above, the deadlines listed in (1)(b) through (e) above will be adjusted as follows:
(i) for the 2019 control period the dates
will be adjusted forward by one year, except that the allowance transfer
deadline shall be midnight Pacific Standard Time on May 31, 2021 (or if this
date is not a business day, midnight of the first business day thereafter);
and
(ii) for each control period
after 2018 that the special penalty provisions are assessed, the dates in (i)
above for the 2019 control period will be adjusted forward by one
year.
(4) The TSA will record the same number of allowances for each WEB source as were recorded for the 2018 control period for each subsequent control period.
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