Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 156 - CO[2] BUDGET TRADING PROGRAM › Section 096-156-5 - Compliance Requirements

Current through 2024-29, July 17, 2024
A.
Compliance
				Certification Report.
(1)
				Applicability and deadline. For each control period in which a
				CO2 budget source is subject to the
				CO2 budget emissions limitation, the
				CO2 authorized account representative of the source
				shall submit to the Department by the March 1 following the relevant control
				period, a compliance certification report. A compliance certification report is
				not required as part of the compliance obligation during an interim control
				period.
(2) Contents of report. The
				CO2 authorized account representative shall include in
				the compliance certification report under subsection 5(A)(1) of this Chapter
				the following elements, in a format prescribed by the Department:
(a) identification of the source and each
				CO2 budget unit at the source;
(b) at the CO2
				authorized account representative's option, the serial numbers of the
				CO2 allowances that are to be deducted from the source's
				compliance account under subsection 5(D) of this Chapter for the control
				period, including the serial numbers of any CO2 offset
				allowances that are to be deducted subject to the limitations of subsection
				5(D)(1)(c) of this Chapter; and
(c) the compliance certification under
				subsection 5(A)(3) of this Chapter.
(3) Compliance certification. In the
				compliance certification report under subsection 5(A)(1) of this Chapter, the
				CO2 authorized account representative shall certify,
				based on reasonable inquiry of those persons with primary responsibility for
				operating the source and the CO2 budget units at the
				source in compliance with the CO2 Budget Trading
				Program, whether the source and each CO2 budget unit at
				the source for which the compliance certification is submitted was operated
				during the calendar years covered by the report in compliance with the
				requirements of the CO2 Budget Trading Program,
				including:
(a) whether the source was
				operated in compliance with the CO2 budget emissions
				limitation;
(b) whether the
				monitoring plan applicable to each unit at the source has been maintained to
				reflect the actual operation and monitoring of the unit, and contains all
				information necessary to attribute CO2 emissions to the
				unit, in accordance with section
				4 of this Chapter;
(c) whether all the
				CO2 emissions from the units at the source were
				monitored or accounted for through the missing data procedures and reported in
				the quarterly monitoring reports, including whether conditional data were
				reported in the quarterly reports in accordance with section
				4 of this Chapter. If conditional data
				were reported, the owner or operator shall indicate whether the status of all
				conditional data has been resolved and all necessary quarterly report
				resubmissions have been made;
(d)
				whether the facts that form the basis for certification under section
				4 of this Chapter of each monitor at
				each unit at the source, or for using an excepted monitoring method or
				alternative monitoring method approved under section
				4 of this Chapter, if any, have
				changed; and
(e) if a change is
				required to be reported under subsection 5(A)(3)(d) of this Chapter, specify
				the nature of the change, the reason for the change, when the change occurred,
				and how the unit's compliance status was determined subsequent to the change,
				including what method was used to determine emissions when a change required
				monitor recertification.