Statutes, codes, and regulations
West Virginia Administrative Code
Agency 45 - Air QualityTitle 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY
Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides
Section 45-39-42 - CAIR NO[X] Annual Allowance Allocations

W. Va. Code R. § 45-39-42

Download
PDF
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-39-42 - CAIR NO[X] Annual Allowance Allocations
42.1. Determination of baseline heat input. -- The baseline heat input (in mmBtu) used with respect to CAIR NOX Annual allowance allocations under subsection 42.2 for each CAIR NOX Annual unit will be:
42.1.a. For units commencing operation before January 1, 2001, the average of the 3 highest amounts of the unit's adjusted control period heat input for 2000 through 2004, with the adjusted control period heat input for each year calculated as follows:
42.1.a.1. If the unit is coal-fired during the year, the unit's control period heat input for such year is multiplied by 100 percent;
42.1.a.2. If the unit is oil-fired during the year, the unit's control period heat input for such year is multiplied by 60 percent; and
42.1.a.3. If the unit is not subject to paragraphs 42.1.a.1 or 42.1.a.2, the unit's control period heat input for such year is multiplied by 40 percent;
42.1.b. For units commencing operation on or after January 1, 2001 and operating each calendar year during a period of 5 or more consecutive calendar years, the average of the 3 highest amounts of the unit's total converted control period heat input over the first such 5 years;
42.1.c. A unit's control period heat input, and a unit's status as coal-fired or oil-fired, for a calendar year under subdivision 42.1.a, and a unit's total tons of NOX emissions during a calendar year under subdivision 42.3.c, will be determined in accordance with 40 CFR Part 75, to the extent the unit was otherwise subject to the requirements of 40 CFR Part 75 for the year, or will be based on the best available data reported to the Secretary for the unit, to the extent the unit was not otherwise subject to the requirements of 40 CFR Part 75 for the year; and
42.1.d. A unit's converted control period heat input for a calendar year specified under subdivision 42.1.b equals:
42.1.d.1. Except as provided in paragraphs 42.1.d.2 or 42.1.d.3, the control period gross electrical output of the generator or generators served by the unit multiplied by 7,900 Btu/kWh, if the unit is coal-fired for the year, or 6,675 Btu/kWh, if the unit is not coal-fired for the year, and divided by 1,000,000 Btu/mmBtu, provided that if a generator is served by 2 or more units, then the gross electrical output of the generator will be attributed to each unit in proportion to the unit's share of the total control period heat input of such units for the year;
42.1.d.2. For a unit that is a boiler and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the total heat energy (in Btu) of the steam produced by the boiler during the control period, divided by 0.8 and by 1,000,000 Btu/mmBtu; or
42.1.d.3. For a unit that is a combustion turbine and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the control period gross electrical output of the enclosed device comprising the compressor, combustor, and turbine multiplied by 3,413 Btu/kWh, plus the total heat energy (in Btu) of the steam produced by any associated heat recovery steam generator during the control period divided by 0.8, and with the sum divided by 1,000,000 Btu/mmBtu.
42.2. CAIR NOX Annual allowance allocation.
42.2.a. CAIR NOX Annual allowances. -- For each control period in 2009 and thereafter, the Secretary will allocate to all CAIR NOX Annual units in the state that have a baseline heat input (as determined under subsection 42.1) a total amount of CAIR NOX Annual allowances equal to 95 percent for a control period during 2009 through 2014, and 97 percent for a control period during 2015 and thereafter, of the tons of NOX emissions in the state trading budget under section 40 (except as provided in subsection 42.4).
42.2.b. Calculation of CAIR NOX Annual allowance allocation. -- The Secretary will allocate CAIR NOX Annual allowances to each CAIR NOX Annual unit under subdivision 42.2.a in an amount determined by multiplying the total amount of CAIR NOX Annual allowances allocated under subdivision 42.2.a by the ratio of the baseline heat input of such CAIR NOX Annual unit to the total amount of baseline heat input of all such CAIR NOX Annual units in West Virginia and rounding to the nearest whole allowance as appropriate.
42.3. New unit set-aside allocation. -- For each control period in 2009 and thereafter, the Secretary will allocate CAIR NOX Annual allowances to CAIR NOX Annual units in West Virginia that are not allocated CAIR NOX Annual allowances under subsection 42.2 because the units do not yet have a baseline heat input under subsection 42.1 or because the units have a baseline heat input but all CAIR NOX Annual allowances available under subsection 42.2 for the control period are already allocated, in accordance with the following procedures:
42.3.a. The Secretary will establish a separate new unit set-aside for each control period. Each new unit set-aside will be allocated CAIR NOX Annual allowances equal to 5 percent for a control period in 2009 through 2014, and 3 percent for a control period in 2015 and thereafter, of the amount of tons of NOX emissions in the CAIR NOX annual trading budget under section 40;
42.3.b. The CAIR designated representative of such a CAIR NOX Annual unit may submit to the Secretary a request, in a format specified by the Secretary, to be allocated CAIR NOX Annual allowances, starting with the later of the control period in 2009 or the first control period after the control period in which the CAIR NOX Annual unit commences commercial operation and until the first control period for which the unit is allocated CAIR NOX Annual allowances under subsection 42.2. A separate CAIR NOX Annual allowance allocation request for each control period for which CAIR NOX allowances are sought must be submitted on or before May 1 of such control period and after the date on which the CAIR NOX Annual unit commences commercial operation;
42.3.c. In a CAIR NOX Annual allowance allocation request under subdivision 42.3.b, the CAIR designated representative may request for a control period CAIR NOX Annual allowances in an amount not exceeding the CAIR NOX Annual unit's total tons of NOX emissions during the calendar year immediately before such control period; and
42.3.d. The Secretary will review each CAIR NOX Annual allowance allocation request under subdivision 42.3.b and will allocate CAIR NOX Annual allowances for each control period pursuant to such request as follows:
42.3.d.1. The Secretary will accept an allowance allocation request only if the request meets, or is adjusted by the Secretary as necessary to meet, the requirements of subdivisions 42.3.b and 42.3.c;
42.3.d.2. On or after May 1 of the control period, the Secretary will determine the sum of the CAIR NOX Annual allowances requested (as adjusted under paragraph 42.3.d.1) in all allowance allocation requests accepted under paragraph 42.3.d.1 for the control period;
42.3.d.3. If the amount of CAIR NOX Annual allowances in the new unit set-aside for the control period is greater than or equal to the sum under paragraph 42.3.d.2, then the Secretary will allocate the amount of CAIR NOX Annual allowances requested (as adjusted under paragraph 42.3.d.1) to each CAIR NOX Annual unit covered by an allowance allocation request accepted under paragraph 42.3.d.1;
42.3.d.4. If the amount of CAIR NOX Annual allowances in the new unit set-aside for the control period is less than the sum under paragraph 42.3.d.2, then the Secretary will allocate to each CAIR NOX Annual unit covered by an allowance allocation request accepted under paragraph 42.3.d.1 the amount of the CAIR NOX Annual allowances requested (as adjusted under paragraph 42.3.d.1), multiplied by the amount of CAIR NOX Annual allowances in the new unit set-aside for the control period, divided by the sum determined under paragraph 42.3.d.2, and rounded to the nearest whole allowance as appropriate; and
42.3.d.5. The Secretary will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NOX Annual allowances (if any) allocated for the control period to the CAIR NOX Annual unit covered by the request.
42.4. Unallocated new unit set-aside NOX allowances. -- If, after completion of the procedures under subdivision 42.3.d for a control period, any unallocated CAIR NOX Annual allowances remain in the new unit set-aside for the control period, the Secretary will allocate to each CAIR NOX Annual unit that was allocated CAIR NOX Annual allowances under subsection 42.2 an amount of CAIR NOX Annual allowances equal to the total amount of such remaining unallocated CAIR NOX Annual allowances, multiplied by the unit's allocation under subsection 42.2, divided by 95 percent for a control period during 2009 through 2014, and 97 percent for a control period during 2015 and thereafter, of the amount of tons of NOX emissions in the CAIR NOX annual trading budget under section 40, and rounded to the nearest whole allowance as appropriate.

W. Va. Code R. § 45-39-42