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 Virginia Administrative Code (Last Updated: January 10, 2017)
 Title 9. Environment
 Agency 5. State Air Pollution Control Board
 Chapter 140. Regulation for Emissions Trading Programs

  Section 60. Standard requirements  

Latest version.

  • A. The following requirements concerning permits shall apply:

    1. The NOx authorized account representative of each NOx Budget source required to have a federally enforceable permit and each NOx Budget unit required to have a federally enforceable permit at the source shall:

    a. Submit to the permitting authority a complete NOx Budget permit application under 9VAC5-140-220 in accordance with the deadlines specified in 9VAC5-140-210 B and C;

    b. Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a NOx Budget permit application and issue or deny a NOx Budget permit.

    2. The owners and operators of each NOx Budget source required to have a federally enforceable permit and each NOx Budget unit required to have a federally enforceable permit at the source shall have a NOx Budget permit issued by the permitting authority and operate the unit in compliance with such NOx Budget permit.

    3. The owners and operators of a NOx Budget source that is not otherwise required to have a federally enforceable permit are not required to submit a NOx Budget permit application, and to have a NOx Budget permit, under Article 3 (9VAC5-140-200 et seq.) of this part for such NOx Budget source.

    B. The following requirements concerning monitoring shall apply:

    1. The owners and operators and, to the extent applicable, the NOx authorized account representative of each NOx Budget source and each NOx Budget unit at the source, shall comply with the monitoring requirements of Article 8 (9VAC5-140-700 et seq.) of this part.

    2. The emissions measurements recorded and reported in accordance with Article 8 (9VAC5-140-700 et seq.) of this part shall be used to determine compliance by the unit with the NOx Budget emissions limitation under subsection C of this section.

    C. The following requirements concerning nitrogen oxides shall apply:

    1. The owners and operators of each NOx Budget source and each NOx Budget unit at the source shall hold NOx allowances available for compliance deductions under 9VAC5-140-540 A, B, E, or F, as of the NOx allowance transfer deadline, in the unit's compliance account and the source's overdraft account in an amount not less than the total NOx emissions for the control period from the unit, as determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, plus any amount necessary to account for actual utilization under 9VAC5-140-420 E for the control period or to account for excess emissions for a prior control period under 9VAC5-140-540 D or to account for withdrawal from the NOx Budget Trading Program, or a change in regulatory status, of a NOx Budget opt-in unit under 9VAC5-140-860 or 9VAC5-140-870.

    2. Each ton of nitrogen oxides emitted in excess of the NOx Budget emissions limitation shall constitute a separate violation of this part, the CAA, and the Virginia Air Pollution Control Law.

    3. A NOx Budget unit shall be subject to the requirements under subdivision 1 of this subsection starting on the later of May 31, 2004, or the date on which the unit commences operation.

    4. NOx allowances shall be held in, deducted from, or transferred among NOx Allowance Tracking System accounts in accordance with Article 5 (9VAC5-140-400 et seq.), Article 6 (9VAC5-140-500 et seq.), Article 7 (9VAC5-140-600 et seq.), and Article 9 (9VAC5-140-800 et seq.) of this part.

    5. A NOx allowance shall not be deducted, in order to comply with the requirements under subdivision 1 of this subsection, for a control period in a year prior to the year for which the NOx allowance was allocated.

    6. A NOx allowance allocated by the permitting authority or the administrator under the NOx Budget Trading Program is a limited authorization to emit one ton of nitrogen oxides in accordance with the NOx Budget Trading Program. No provision of the NOx Budget Trading Program, the NOx Budget permit application, the NOx Budget permit, or an exemption under 9VAC5-140-50 and no provision of law shall be construed to limit the authority of the United States or the state to terminate or limit such authorization.

    7. A NOx allowance allocated by the permitting authority or the administrator under the NOx Budget Trading Program does not constitute a property right.

    8. Upon recordation by the administrator under Article 6 (9VAC5-140-500 et seq.), Article 7 (9VAC5-140-600 et seq.), or Article 9 (9VAC5-140-800 et seq.) of this part, every allocation, transfer, or deduction of a NOx allowance to or from a NOx Budget unit's compliance account or the overdraft account of the source where the unit is located is deemed to amend automatically, and become a part of, any NOx Budget permit of the NOx Budget unit by operation of law without any further review.

    D. The owners and operators of a NOx Budget unit that has excess emissions in any control period shall:

    1. Surrender the NOx allowances required for deduction under 9VAC5-140-540 D 1; and

    2. Pay any fine, penalty, or assessment or comply with any other remedy imposed under 9VAC5-140-540 D 3.

    E. The following requirements concerning recordkeeping and reporting shall apply:

    1. Unless otherwise provided, the owners and operators of the NOx Budget source and each NOx Budget unit at the source shall keep on site at the source each of the following documents for a period of five years from the date the document is created. This period may be extended for cause, at any time prior to the end of five years, in writing by the permitting authority or the administrator.

    a. The account certificate of representation for the NOx authorized account representative for the source and each NOx Budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with 9VAC5-140-130; provided that the certificate and documents shall be retained on site at the source beyond such five-year period until such documents are superseded because of the submission of a new account certificate of representation changing the NOx authorized account representative.

    b. All emissions monitoring information, in accordance with Article 8 (9VAC5-140-700 et seq.) of this part; provided that to the extent that Article 8 (9VAC5-140-700 et seq.) of this part provides for a three-year period for recordkeeping, the three-year period shall apply.

    c. Copies of all reports, compliance certifications, and other submissions and all records made or required under the NOx Budget Trading Program.

    d. Copies of all documents used to complete a NOx Budget permit application and any other submission under the NOx Budget Trading Program or to demonstrate compliance with the requirements of the NOx Budget Trading Program.

    2. The NOx authorized account representative of a NOx Budget source and each NOx Budget unit at the source shall submit the reports and compliance certifications required under the NOx Budget Trading Program, including those under Article 4 (9VAC5-140-300 et seq.), Article 8 (9VAC5-140-700 et seq.), or Article 9 (9VAC5-140-800 et seq.) of this part.

    F. The following requirements concerning liability shall apply:

    1. Any person who knowingly violates any requirement or prohibition of the NOx Budget Trading Program, a NOx Budget permit, or an exemption under 9VAC5-140-50 shall be subject to enforcement pursuant to the Air Pollution Control Law of Virginia or applicable federal law.

    2. Any person who knowingly makes a false material statement in any record, submission, or report under the NOx Budget Trading Program shall be subject to criminal enforcement pursuant to the Air Pollution Control Law of Virginia or applicable federal law.

    3. No permit revision shall excuse any violation of the requirements of the NOx Budget Trading Program that occurs prior to the date that the revision takes effect.

    4. Each NOx Budget source and each NOx Budget unit shall meet the requirements of the NOx Budget Trading Program.

    5. Any provision of the NOx Budget Trading Program that applies to a NOx Budget source (including a provision applicable to the NOx authorized account representative of a NOx Budget source) shall also apply to the owners and operators of such source and of the NOx Budget units at the source.

    6. Any provision of the NOx Budget Trading Program that applies to a NOx Budget unit (including a provision applicable to the NOx authorized account representative of a NOx budget unit) shall also apply to the owners and operators of such unit. Except with regard to the requirements applicable to units with a common stack under Article 8 (9VAC5-140-700 et seq.) of this part, the owners and operators and the NOx authorized account representative of one NOx Budget unit shall not be liable for any violation by any other NOx Budget unit of which they are not owners or operators or the NOx authorized account representative and that is located at a source of which they are not owners or operators or the NOx authorized account representative.

    G. No provision of the NOx Budget Trading Program, a NOx Budget permit application, a NOx Budget permit, or an exemption under 9VAC5-140-50 shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the NOx authorized account representative of a NOx Budget source or NOx Budget unit from compliance with any other provision of the applicable implementation plan, a federally enforceable permit, or the CAA.

Historical Notes

Derived from Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.