Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 157 - CO[2] BUDGET TRADING PROGRAM WAIVER AND SUSPENSION › Section 096-157-2 - Temporary Waiver of Enforcement

Current through 2024-29, July 17, 2024
A.
Authority
				to Temporarily Waive Enforcement
. The Commissioner intends to exercise
				her inherent enforcement discretion to waive enforcement of violations of the
				CO2 Budget Trading Program, 06-096 CMR Chapter 156, if
				the Commissioner finds that a CO2 budget unit would have
				suffered immediate and irreparable harm, as defined in this Chapter, by
				complying with the CO2 Budget Trading Program, and that
				such harm would have been the direct result of the CO2
				allowance price. Nothing in this Chapter limits the inherent enforcement
				discretion of the Commissioner
B.
Process to Request A Temporary Waiver of Enforcement
(1) A CO2 budget unit,
				also referred to in this chapter as the applicant, requesting a temporary
				waiver of enforcement 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) the specific time
				period for which the waiver is requested and a detailed justification for the
				requested time;
(c) evidence to
				demonstrate:
(i) that compliance with the
				provisions of Section 5 of CO2 Budget Trading Program,
				06-096 CMR Chapter 156, would have caused immediate and irreparable harm to the
				CO2 budget unit's operations;
(ii) that such immediate and irreparable harm
				would have been a direct consequence of the price of allowances during a
				specified control period;
(iii)
				that the immediate and irreparable harm was beyond the control of the owner of
				a CO2 budget unit;
(iv) that the immediate and irreparable harm
				to the CO2 budget unit's operations would not have
				occurred but for the allowance price levels in effect during the control
				period;
(v) such other
				circumstances as the Commissioner deems relevant to the request; and
(vi) the authenticity and relevance of all
				information submitted by the applicant in support of its request.
(d) a detailed compliance plan
				indicating specifically the steps that will be taken by the
				CO2 budget unit to achieve compliance as soon as
				practicable with Section 5 of CO2 Budget Trading
				Program, 06-096 CMR Chapter 156, and the time required to complete each
				step.
(3) The
				Commissioner may request additional information from the applicant if necessary
				to review the request for a temporary waiver.
(4) If the written application demonstrates
				to the satisfaction of the Commissioner that a temporary waiver of enforcement
				is justified, the Commissioner may inform the applicant that he intends to
				waive enforcement of violations of the CO2 Budget
				Trading Program that occurred during a specified period.
(5) If the time period for the requested
				waiver of enforcement exceeds 30 days, the Department will issue a notice for a
				21-day public comment period to the major newspapers in the state.
(6) A decision of the Commissioner, in
				consultation with the State Attorney General and the chair of the Maine Public
				Utilities Commission, on a request for temporary waiver of enforcement under
				this Chapter is an exercise of the Commissioner's inherent enforcement
				discretion and is not subject to administrative or judicial review.