9VAC5-140-7050. Standard requirements

A. Permit requirements shall be as follows. 1. The CO 2 authorized account representative of each CO 2 budget source required to have an operating permit pursuant to 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation) and each CO 2 budget unit required to have an operating permit pursuant to 9VAC5-85 shall: a. Submit to the department a complete CO 2 budget permit application under 9VAC5-140-7160 in accordance with the deadlines specified in 9VAC5-140-7150 ; and b. Submit in a timely manner any supplemental information that the department determines is necessary in order to review the CO 2 budget permit application and issue or deny a CO 2 budget permit. 2. The owners and operators of each CO 2 budget source required to have an operating permit pursuant to 9VAC5-85 , Permits for Stationary Sources of Pollutants Subject to Regulation, and each CO 2 budget unit required to have an operating permit pursuant to 9VAC5-85 for the source shall have a CO 2 budget permit and operate the CO 2 budget source and the CO 2 budget unit at the source in compliance with such CO 2 budget permit. B. Monitoring requirements shall be as follows. 1. The owners and operators and, to the extent applicable, the CO 2 authorized account representative of each CO 2 budget source and each CO 2 budget unit at the source shall comply with the monitoring requirements of Article 8 ( 9VAC5-140-7330 et seq.) of this part. 2. The emissions measurements recorded and reported in accordance with Article 8 ( 9VAC5-140-7330 et seq.) of this part shall be used to determine compliance by the unit with the CO 2 requirements under subsection C of this section. C. CO 2 requirements shall be as follows. 1. The owners and operators of each CO 2 budget source and each CO 2 budget unit at the source shall hold CO 2 allowances available for compliance deductions under 9VAC5-140-7260 , as of the CO 2 allowance transfer deadline, in the source's compliance account in an amount not less than the total CO 2 emissions that have been generated as a result of combusting fossil fuel for an interim control period or control period from all CO 2 budget units at the source, less the CO 2 allowances deducted to meet the requirements of subdivision 2 of this subsection, with respect to the previous two interim control periods as determined in accordance with Article 6 ( 9VAC5-140-7220 et seq.) and Article 8 ( 9VAC5-140-7330 et seq.) of this part. 2. The owners and operators of each CO 2 budget source and each CO 2 budget unit at the source shall hold CO 2 allowances available for compliance deductions under 9VAC5-140-7260 , as of the CO 2 allowance transfer deadline, in the source's compliance account in an amount not less than the total CO 2 emissions that have been generated as a result of combusting fossil fuel for the interim control period from all CO 2 budget units at the source multiplied by 0.50, as determined in accordance with Article 6 ( 9VAC5-140-7220 et seq.) and Article 8 ( 9VAC5-140-7330 et seq.) of this part. 3. Each ton of CO 2 emitted in excess of the CO 2 budget emissions limitation for a control period shall constitute a separate violation of this part and applicable state law. 4. Each ton of excess interim emissions shall constitute a separate violation of this part and applicable state law. 5. A CO 2 budget unit shall be subject to the requirements under subdivision 1 of this subsection starting on the later of January 1, 2021, or the date on which the unit commences operation. 6. CO 2 allowances shall be held in, deducted from, or transferred among COATS accounts in accordance with Article 5 ( 9VAC5-140-7190 et seq.), Article 6 ( 9VAC5-140-7220 et seq.), and Article 7 ( 9VAC5-140-7300 et seq.) of this part. 7. A CO 2 allowance shall not be deducted, to comply with the requirements under subdivision 1 or 2 of this subsection, for a control period that ends prior to the year for which the CO 2 allowance was allocated. 8. A CO 2 allowance under the CO 2 Budget Trading Program is a limited authorization by the department to emit one ton of CO 2 in accordance with the CO 2 Budget Trading Program. No provision of the CO 2 Budget Trading Program, the CO 2 budget permit application, or the CO 2 budget permit or any provision of law shall be construed to limit the authority of the department or a participating state to terminate or limit such authorization. 9. A CO 2 allowance under the CO 2 Budget Trading Program does not constitute a property right. D. The owners and operators of a CO 2 budget source that has excess emissions in a control period shall: 1. Forfeit the CO 2 allowances required for deduction under 9VAC5-140-7260 D 1; and 2. Pay any fine, penalty, or assessment or comply with any other remedy imposed under 9VAC5-140-7260 D 2. E. Recordkeeping and reporting requirements shall be as follows: 1. Unless otherwise provided, the owners and operators of the CO 2 budget source and each CO 2 budget unit at the source shall keep on site at the source each of the following documents for a period of 10 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 10 years, in writing by the department. a. The account certificate of representation for the CO 2 authorized account representative for the source and each CO 2 budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with 9VAC5-140-7110 , provided that the certificate and documents shall be retained on site at the source beyond such 10-year period until such documents are superseded because of the submission of a new account certificate of representation changing the CO 2 authorized account representative. b. All emissions monitoring information, in accordance with Article 8 ( 9VAC5-140-7330 et seq.) of this part and 40 CFR 75.57. c. Copies of all reports, compliance certifications, and other submissions and all records made or required under the CO 2 Budget Trading Program. d. Copies of all documents used to complete a CO 2 budget permit application and any other submission under the CO 2 Budget Trading Program or to demonstrate compliance with the requirements of the CO 2 Budget Trading Program. 2. The CO 2 authorized account representative of a CO 2 budget source and each CO 2 budget unit at the source shall submit the reports and compliance certifications required under the CO 2 Budget Trading Program, including those under Article 4 ( 9VAC5-140-7170 et seq.) of this part. F. Liability requirements shall be as follows. 1. No permit revision shall excuse any violation of the requirements of the CO 2 Budget Trading Program that occurs prior to the date that the revision takes effect. 2. Any provision of the CO 2 Budget Trading Program that applies to a CO 2 budget source, including a provision applicable to the CO 2 authorized account representative of a CO 2 budget source, shall also apply to the owners and operators of such source and of the CO 2 budget units at the source. 3. Any provision of the CO 2 Budget Trading Program that applies to a CO 2 budget unit, including a provision applicable to the CO 2 authorized account representative of a CO 2 budget unit, shall also apply to the owners and operators of such unit. G. No provision of the CO 2 Budget Trading Program, a CO 2 budget permit application, or a CO 2 budget permit shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the CO 2 authorized account representative of the CO 2 budget source or CO 2 budget unit from compliance with any other provisions of applicable state and federal law or regulations.