Current through 2024-51, December 18, 2024
Section 096-157-3 - Temporary Suspension of Compliance ObligationsA.Authority to Temporarily Suspend Compliance Obligations. The Commissioner has the authority, in the case of an emergency event, to temporarily suspend the compliance obligations of a CO2 budget unit under its permit until such time as the Commissioner deems the emergency no longer exists.B.Process to Request a Temporary Suspension of Compliance Obligations(1) A CO2 budget unit requesting a temporary suspension of compliance obligations shall submit the request in writing to the commissioner.(2) The written request must provide the following: (a) the name, location and relevant contact information sufficient for the Department to make immediate electronic or telephonic contact with the authorized representative and other representatives of the CO2 budget unit;(b) information sufficient to demonstrate: (i) that an emergency event has occurred;(ii) the duration and nature of the emergency event;(iii) such other circumstances as the Commissioner deems relevant to the request; and(iv) the authenticity and relevance of other information submitted by the applicant in support of its request.(3) The Commissioner may request additional information from the applicant if necessary to review the request for a temporary suspension of compliance obligations.(4) If in the judgment of the Commissioner the evidence submitted demonstrates that a temporary suspension of compliance obligations is justified due to the occurrence of an emergency event, as defined in this Chapter, the Commissioner will issue an order granting the temporary suspension. The order will suspend the compliance obligations of a source for a specified term during which the Commissioner finds compliance with the CO2 Budget Trading Program is not feasible due to the emergency event. A decision of the Commissioner under this subsection is final agency action.06- 096 C.M.R. ch. 157, § 3