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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 880. NOx allowance allocations to opt-in units  

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  • A. 1. By December 31 immediately before the first control period for which the NOx Budget opt-in permit is effective, the permitting authority will allocate NOx allowances to the NOx Budget opt-in source and submit to the administrator the allocation for the control period in accordance with subsection B of this section.

    2. By no later than December 31, after the first control period for which the NOx Budget opt-in permit is in effect, and December 31 of each year thereafter, the permitting authority will allocate NOx allowances to the NOx Budget opt-in source, and submit to the administrator allocations for the next control period, in accordance with subsection B of this section.

    B. For each control period for which the NOx Budget opt-in source has an approved NOx Budget opt-in permit, the NOx Budget opt-in source will be allocated NOx allowances in accordance with the following procedures:

    1. The heat input (in mmBtu) used for calculating NOx allowance allocations shall be the lesser of:

    a. The NOx Budget opt-in source's baseline heat input determined pursuant to subdivision 3 of 9VAC5-140-840; or

    b. The NOx Budget opt-in source's heat input, as determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, for the control period in the year prior to the year of the control period for which the NOx allocations are being calculated.

    2. The permitting authority will allocate NOx allowances to the NOx Budget opt-in source in an amount equaling the heat input (in mmBtu) determined under subdivision 1 of this subsection multiplied by the lesser of:

    a. The NOx Budget opt-in source's baseline NOx emissions rate (in lb/mmBtu) determined pursuant to subdivision 3 of 9VAC5-140-840; or

    b. The most stringent state or federal NOx emissions limitation applicable to the NOx Budget opt-in source during the control period.

    3. The permitting authority will not allocate to any NOx Budget opt-in source any NOx allowances from the state trading program budget set forth in 9VAC5-140-900.

Historical Notes

Derived from Volume 18, Issue 20, eff. July 17, 2002.

Statutory Authority

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