reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 5 - CO[2] ALLOWANCE ALLOCATIONS › Section 7:27C-5.2 - CO[2] allowance allocations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will allocate CO[2] allowances representing 100 percent of the tons for each allocation year from the New Jersey CO[2] Budget Trading Program base budget set forth in N.J.A.C. 7:27C-5.1 to a consumer benefit account, less those allowances set aside each allocation year pursuant to (b) and (c) below.
(b) The Department will allocate CO[2] allowances to a fixed-price contract set-aside account for each allocation year from the New Jersey CO[2] Budget Trading Program base budget set forth in N.J.A.C.
7:27C-
5.1 in an amount sufficient to provide allowances at a fixed price of $ 2.00 per ton to all eligible facilities, as provided at N.J.A.C. 7:27C-5.5.
(c) The Department will allocate CO[2] allowances to a cogeneration set-aside account for each allocation year from the New Jersey CO[2] Budget Trading Program base budget set forth in N.J.A.C. 7:27C-5.1in an amount sufficient to provide allowances equivalent to the projected compliance adjustment for a cogeneration unit, as provided at N.J.A.C. 7:27C-5.3.
(d) The Department will distribute allowances from the consumer benefit account in accordance with N.J.A.C. 7:27C-5.3, 5.4, 5.5, and 11.13(b).
(e) For the allocation year 2021 and each succeeding allocation year, the New Jersey CO[2] Budget Trading Program adjusted budget will be the maximum number of allowances available for allocation in a given allocation year, except for CO[2] offset allowances and CCR allowances. In any year in which the budget is not adjusted, the "adjusted budget" will equal the base budget.
(f) The Department will allocate CCR allowances, separate from and in addition to the New Jersey CO[2] Budget Trading Program base budget set forth in N.J.A.C. 7:27C-5.1, to the consumer benefit account, in order to contain the cost of CO[2] allowances. The Department will allocate CCR allowances in the following manner:
1. The Department will initially allocate CCR allowances for calendar year 2020 in an amount equal to 10 percent of the New Jersey CO[2] Trading Program base budget for 2020 set forth at N.J.A.C. 7:27C-5.1(a)1; and
2. On or before January 1, 2021, and on or before January 1 of each calendar year thereafter, the Department will allocate current vintage year CCR allowances equal to 10 percent of the New Jersey CO[2] Trading Program base budget for the calendar year and withdraw the number of CCR allowances that remain in the consumer benefit account at the end of the prior calendar year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 5 - CO[2] ALLOWANCE ALLOCATIONS › Section 7:27C-5.3 - Retirement of CO[2] allowances on behalf of cogeneration units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will adjust the compliance obligation of a CO[2] Budget unit that is a qualified cogeneration unit pursuant to (b) below for which an application has been filed pursuant to (c) below.
(b) To qualify for an adjustment of its compliance obligation, a CO[2] Budget unit must be a cogeneration unit for which the CO[2] authorized account representative has not accepted a fixed-price sale offer of CO[2] allowances from the Department pursuant to N.J.A.C. 7:27C-5.5(a)during the calendar year that corresponds to the allocation year for which the request for the compliance obligation adjustment pursuant to this section is being made.
(c) The CO[2] authorized account representative seeking the compliance obligation adjustment for a cogeneration unit shall submit to the Department, by January 30 of the year following the allocation year for which the compliance obligation adjustment is being requested, an application that includes the following:
1. Documentation that the CO[2] Budget unit is a cogeneration unit;
2. Identification of the compliance account for the CO[2] Budget unit;
3. Identification of the allocation year for which an adjustment request is being made;
4. Specification of the amount of the adjustment being requested, as determined pursuant to (d) below; and
5. The calculations and supporting data used to determine the adjustment being requested and an explanation of the data and the methods on which the calculations are based.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 5 - CO[2] ALLOWANCE ALLOCATIONS › Section 7:27C-5.4 - Distribution of COallowances in the consumer benefit account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will make all CO[2] allowances for an allocation year that are held in the consumer benefit account for that allocation year available for purchase or auction by NO[x] later than the December 31 of the calendar year that corresponds to that allocation year.
(b) Except for those CO[2] allowances available to adjust the compliance obligation of a cogeneration unit pursuant to N.J.A.C. 7:27C-5.3 or for direct sale pursuant to N.J.A.C. 7:27C-5.5 to a CO[2] authorized account representative for a certified dispatch agreement facility, the Department will make all CO[2] allowances for a respective allocation year that are held in the consumer benefit account available for sale through an auction administered by the Department or on its behalf, pursuant to N.J.A.C. 7:27C-11.
(c) The Department may retire undistributed or unsold CO[2] allowances at the end of each control period, including the initial control period, including allowances representing adjustments to the compliance obligations of cogeneration facilities as provided at N.J.A.C. 7:27C-5.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 5 - CO[2] ALLOWANCE ALLOCATIONS › Section 7:27C-5.5 - Fixed-price sale of CO[2] allowances to a certified dispatch agreement facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On an annual basis, the Department will make CO[2] allowances available for direct sale to the CO[2] authorized account representative of a certified dispatch agreement facility through a fixed-price sale offer, as follows:
1. The Department will apportion CO[2] allowances available annually for direct sale to each certified dispatch agreement facility based on the average annual CO[2] emissions for the certified dispatch agreement facility, as determined by the Department, for the most recent three-year period for which complete CO[2] emissions data are available. The Department will use emissions data as reported pursuant to N.J.A.C. 7:27C-8, if available, and as supplemented by such other data as necessary, in making such a determination;
2. The Department will allocate CO[2] allowances in the amount determined pursuant to (a)1 above to the fixed-price contract set-aside account;
3. The Department will offer CO[2] allowances made available for sale through a fixed-price sale offer for a price of $ 2.00 per CO[2] allowance;
4. The Department will publish notice of the procedures for purchasing CO[2] allowances through a fixed-price sale offer at least 45 days prior to the fixed-price sale offer. The public notice will include the following:
i. The number of CO[2] allowances available for purchase by a COauthorized account representative on behalf of each certified dispatch agreement facility; and
ii. The procedures for purchasing CO[2] allowances through the fixed-price sale offer, including the date by which a purchase option shall be exercised by a CO[2] authorized account representative on behalf of a certified dispatch agreement facility, and the procedures for exercising a purchase option;
5. The COauthorized account representative for a certified dispatch agreement facility shall notify the Department by the deadline specified in the Department's notice of a fixed-price sale offer issued pursuant to (a)4 above as to whether the CO[2] authorized account representative accepts the Department's sale offer of CO[2] allowances for a specified CObudget source. The CO[2] authorized account representative shall specify the number of CO[2] allowances he or she intends to purchase on behalf of each CO[2] Budget source, up to the number specified by the Department in the notice, as specified pursuant to (a)4 above for the applicable CO[2] Budget source; and
6. For those CO[2] allowances purchased by a CO[2] authorized account representative on behalf of a CObudget source, the Department will allocate allowances to the compliance account of the CO[2] Budget source.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.1 - CO[2] allowance tracking system (COATS) accounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Consistent with NJ.A.C. 7:27C-6.2(a), the Department will establish one compliance account for each CO[2] Budget source. Allocations of CO[2] allowances pursuant to NJ.A.C. 7:27C-5 and 11 and deductions or transfers of CO[2] allowances pursuant to N.J.A.C. 7:27C-4.2, 6.9, or 7 will be recorded in the compliance accounts in accordance with this subchapter.
(b) Consistent with N.J.A.C. 7:27C-6.2(b), the Department will establish, upon request, a general account for any person. Transfers of CO[2] allowances pursuant to N.J.A.C.
7:2
7C
-7
will be recorded in the general account in accordance with this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.2 - Establishment of a COATS account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a complete account certificate of representation under N.J.A.C. 7:27C-2.4, the Department will establish a compliance account for each CO[2] Budget source for which the account certificate of representation was submitted and will assign a unique identifying number to each such established account.
(b) Upon receipt of a complete application for a general account under N.J.A.C. 7:27C-6.3(b), the Department will establish a general account for the person or persons for whom the application is submitted and will assign a unique identifying number to each such established account.
(c) Once the Department has established a COATS account, all submissions to the Department pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CO[2] allowances in the account, shall be made only by the CO[2] authorized account representative.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.3 - Procedures for opening a general account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may apply to open a general account for the purpose of holding and transferring CO[2] allowances by submitting an application for a general account pursuant to (b) below.
(b) A complete application for a general account shall be submitted to the Department and include the following in a format prescribed by the Department:
1. The name, address, email address, and telephone number of the CO[2] authorized account representative;
2. At the option of the CO[2] authorized account representative, the organization name and type of organization;
3. A list of all persons subject to a binding agreement for the CO[2] authorized account representative to represent their ownership interest with respect to the CO[2] allowances held in the general account;
4. The following certification by the CO[2] authorized account representative and any alternate CO[2] authorized account representative: "I certify that I was selected as the CO[2] authorized account representative (or the alternate CO[2] authorized account representative, as applicable) by an agreement that is binding on all persons who have an ownership interest with respect to CO[2] allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO[2] Budget Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Department or a court of competent jurisdiction regarding the general account.";
5. The signature of the CO[2] authorized account representative and any alternate CO[2] authorized account representative and the dates signed; and
6. Documents of agreement referred to in the application for a general account, as may be required by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.4 - Authorization of the CO[2] authorized account representative for a general account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CO[2] authorized account representative shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CO[2] allowances held in the general account in all matters pertaining to the CO[2] Budget Trading Program, notwithstanding any agreement between the CO[2] authorized account representative and such person. Each such person who has such ownership interest with respect to CO[2] allowances shall be bound by any order or decision issued to the CO[2] authorized account representative by the Department or a court of competent jurisdiction regarding the general account.
(b) Any representation, action, inaction, or submission by any alternate CO[2] authorized account representative shall be deemed to be a representation, action, inaction, or submission by the CO[2] authorized account representative.
(c) Each submission concerning the general account shall be submitted, signed, and certified by the CO[2] authorized account representative. Each such submission shall include the following certification by the CO[2] authorized account representative:
"I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CO[2] allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."
(d) The Department will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with (c) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.5 - Changing the CO[2] authorized account representative and his or her alternate for a general account; changes in ownership interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CO[2] authorized account representative or his or her alternate may be changed at any time by submitting a superseding complete application for a general account pursuant to N.J.A.C. 7:27C-6.3(b). The change in the CO[2] authorized account representative or his or her alternate is effective upon receipt by the Department of the superseding complete application for a general account. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO[2] authorized account representative or the previous alternate CO[2] authorized account representative prior to the time and date when the Department receives the superseding application for a general account shall be binding on the new CO[2] authorized account representative and the new alternate CO[2] authorized account representative and the persons with an ownership interest with respect to the CO[2] allowances in the general account.
(b) In the event a person with an ownership interest in CO[2] allowances in a general account is not included on the list of such persons in the application for a general account, such person shall be deemed to be subject to and bound by the application for a general account, the representations, actions, inactions, and submissions of the CO[2] authorized account representative and his or her alternate, and the decisions, orders, actions, and inactions of the Department, as if the person were included on the list.
(c) Within 30 days following any change in the persons having an ownership interest with respect to CO[2] allowances in the general account, including the addition of persons, the CO[2] authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the CO[2] allowances in the general account to reflect the change.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.6 - Objections concerning the CO[2] authorized account representative for a general account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once the Department has received a complete application for a general account under N.J.A.C. 7:27C-6.3(b), the Department will rely on the application, unless and until the Department receives a superseding complete application for a general account under N.J.A.C. 7:27C-6.5(a).
(b) Except as provided at N.J.A.C. 7:27C-6.5(a) or (b), NO[x] objection or other communication submitted to the Department concerning the authorization, or any representation, action, inaction, or submission of the CO[2] authorized account representative will affect any representation, action, inaction, or submission of the CO[2] authorized account representative or the finality of any decision or order by the Department under this chapter.
(c) The Department will not decide, or otherwise intervene in, any private legal dispute concerning the authorization or any representation, action, inaction, or submission of a CO[2] authorized account representative, including private legal disputes concerning the proceeds of CO[2] allowance transfers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.7 - Delegation of authority to make electronic submissions by the CO[2] authorized account representative for a general account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A CO[2] authorized account representative may delegate to one or more natural persons his or her authority to make an electronic submission to the Department under N.J.A.C. 7:27C-7.1as provided at (b) below.
(b) In order to delegate authority to make an electronic submission to the Department in accordance with (a) above, the CO[2] authorized account representative shall submit to the Department a notice of delegation, in a format prescribed by the Department, that includes the following:
1. The name, address, email address, and telephone number of such CO[2] authorized account representative;
2. The name, address, email address, and telephone number of each natural person to whom the authority to make an electronic submission is delegated, herein referred to as "electronic submission agent";
3. For each such electronic submission agent, a list of the types of electronic submissions under (a) above for which authority is delegated to him or her; and
4. The following certification by the delegating CO[2] authorized account representative:
i. "I agree that any electronic submission to the Department that is by a natural person identified in this notice of delegation and of a type listed for such electronic submission agent in this notice of delegation and that is made when I am a CO[2] authorized account representative and before this notice of delegation is superseded by another notice of delegation under N.J.A.C. 7:27C-6.7(b)shall be deemed to be an electronic submission by me."; and
ii. "Until this notice of delegation is superseded by another notice of delegation under N.J.A.C. 7:27C-6.7(b), I agree to maintain an e-mail account and to notify the Department immediately of any change in my e-mail address unless all delegation authority by me under N.J.A.C. 7:27C-6.7(b)is terminated."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.8 - Recording of CO[2] allowance allocations and awards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By January 1 of each calendar year, the Department will record the CO[2] allowances allocated for the consumer benefit account, pursuant to NJ.A.C. 7:27C-5.2(a).
(b) Each year, the Department will record CO[2] allowances allocated pursuant to NJ.A.C. 7:27C-5.5(a) in a fixed-price contract set-aside account and pursuant to N.J.A.C. 7:27C-5.2(c)in a cogeneration set-aside account for the year after the last year for which CO[2] allowances were previously allocated to that allocation set-aside account.
(c) When allocating and recording CO[2] allowances in an account pursuant to (a) and (b) above, the Department will assign each CO[2] allowance a unique identification number, otherwise referred to as a serial number, that will include digits identifying the year for which the CO[2] allowance is allocated.
(d) When awarding CO[2] offset allowances and recording them in an account pursuant to (f) below, the Department will assign each CO[2] allowance a unique identification number, otherwise referred to as a serial number, that will include digits identifying the year for which the CO[2] allowance is allocated and will identify the CO[2] allowance as a CO[2] offset allowance.
(e) The Department will record any CO[2] allowances awarded to a winning bidder in a CO[2] allowance auction pursuant to N.J.A.C. 7:27C-11.13in the compliance account or general account identified by such winning bidder within five business days of such award by the Department.
(f) The Department will record any CO[2] allowances awarded to a project sponsor pursuant to N.J.A.C. 7:27C-10.9(a) or (b) in the project sponsor's general account within five business days of such award by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.9 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) CO[2] allowances are available to be deducted in order for a CO[2] Budget source to comply with the CO[2] requirements of N.J.A.C. 7:27C-1.4for a control period, the initial control period, or an interim control period, provided that:
1. The CO[2] allowances, other than CO[2] offset allowances, are of allocation years that fall within a prior control period or the same control period, initial control period, or interim control period for which the allowances will be deducted;
2. The CO[2] allowances are held in the CO[2] Budget source's compliance account as of the CO[2] allowance transfer deadline for that control period, the initial control period, or the interim control period or are transferred into the compliance account by a CO[2] allowance transfer correctly submitted for recording under N.J.A.C. 7:27C-7.1by the CO[2] allowance transfer deadline for that control period, the initial control period, or the interim control period;
3. For CO[2] offset allowances, the number of CO[2] offset allowances that are available to be deducted in order for a CO[2] Budget source to comply with the CO[2] requirements of N.J.A.C. 7:27C-1.4for a control period, the initial control period, or an interim control period may not exceed the number of allowances required to account for 3.3 percent of the CO[2] Budget source's CO[2] emissions for that control period or the initial control period, or 1.65 percent of the CO[2] Budget source's CO[2] emissions for an interim control period, as determined in accordance with this subchapter and N.J.A.C. 7:27C-8; and
4. The CO[2] allowances are not necessary for deductions for excess emissions for a prior control period or prior initial control period under (e) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.10 - Banking

Current through Register Vol. 56, No. 14, July 15, 2024
Each CO[2] allowance that is held in a compliance account or a general account will remain in such account unless and until the CO[2] allowance is deducted or transferred under N.J.A.C. 7:27C-4.2, 6.9, 6.11, or 7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.11 - Account error

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may, at its sole discretion and on its own initiative, correct any error in any COATS account. Within 10 business days of making such correction, the Department will notify the CO[2] authorized account representative.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 6 - CO[2] ALLOWANCE TRACKING SYSTEM (COATS) › Section 7:27C-6.12 - Closing of a general account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A CO[2] authorized account representative of a general account may instruct the Department to close the account by submitting a statement requesting deletion of the account from COATS and by correctly submitting for recording under N.J.A.C. 7:27C-7.1, a CO[2] allowance transfer of all CO[2] allowances in the account to one or more other COATS accounts.
(b) If a general account shows NO[x] activity for a period of one year or more and does not contain any CO[2] allowances, the Department may notify the CO[2] authorized account representative that the account will be closed in COATS 30 business days after the notice is sent. The Department will close the account after the 30-day period, unless before the end of the 30-day period the Department receives a correctly submitted transfer of CO[2] allowances into the account under N.J.A.C. 7:27C-7.1, or a statement submitted by the CO[2] authorized account representative demonstrating to the satisfaction of the Department good cause as to why the account should not be closed. The Department will have sole discretion to determine if the owner or operator of the unit demonstrated that the account should not be closed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 7 - CO[2] ALLOWANCE TRANSFERS › Section 7:27C-7.1 - Submission of CO[2] allowance transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A CO[2] authorized account representative seeking recording of a CO[2] allowance transfer shall submit the transfer to the Department. The transfer shall include the following, in a format prescribed by the Department:
1. The numbers identifying both the transferor and transferee accounts;
2. A specification by serial number of each CO[2] allowance to be transferred;
3. The printed name and signature of the CO[2] authorized account representative of the transferor account and the date signed;
4. The date of the completion of the last sale or purchase transaction for the COallowance, if any; and
5. The purchase or sale price of the COallowances that are the subject of a sale or purchase transaction under (a)4 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 7 - CO[2] ALLOWANCE TRANSFERS › Section 7:27C-7.2 - Recording of CO[2] allowance transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within five business days of receiving a CO[2] allowance transfer, except as provided at (b) below, the Department will record a CO[2] allowance transfer by moving each CO[2] allowance from the transferor account to the transferee account as specified by the request, provided that:
1. The transfer is submitted in accordance with N.J.A.C. 7:27C-7.1; and
2. The transferor account includes each CO[2] allowance identified by serial number in the transfer.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 7 - CO[2] ALLOWANCE TRANSFERS › Section 7:27C-7.3 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within five business days of recording of a CO[2] allowance transfer under N.J.A.C. 7:27C-7.2, the Department will notify each party to the transfer by giving notice to the CO[2] authorized account representatives of both the transferor and transferee accounts.
(b) Within 10 business days of receipt of a CO[2] allowance transfer that fails to meet the requirements of N.J.A.C. 7:27C-7.2(a), the Department will notify the CO[2] authorized account representatives of both accounts subject to the transfer of a decision not to record the transfer and the reasons that the CO[2] allowances will not be recorded.
(c) Nothing in this section shall preclude the submission of a CO[2] allowance transfer for recording following notification under (b) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 8 - General requirements › Section 7:27C-8.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner, operator, and to the extent applicable, the CO[2] authorized account representative of a CO[2] Budget unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this subchapter and all applicable sections of 40 CFR Part 75 and all appendices thereto, as specified in this subchapter, which are incorporated herein by reference, as supplemented or amended. Where referenced in this subchapter, the monitoring requirements of 40 CFR Part 75 shall be adhered to in a manner consistent with the purpose of monitoring and reporting CO[2] mass emissions pursuant to this chapter. For purposes of complying with such requirements, the definitions in N.J.A.C. 7:27C-1.2 and 40 CFR 72.2, incorporated herein by reference, as supplemented and amended, apply, and the terms "affected unit" and "designated representative" in 40 CFR Part 75 are replaced by the terms "CO[2] Budget unit" and "CO[2] authorized account representative," respectively, as defined at N.J.A.C. 7:27C-1.2. For units not subject to an acid rain emissions limitation, the term "Administrator" in 40 CFR Part 75 is replaced with the term "Department." Where the term "continuous emissions monitoring system" (or "CEMS") is used in 40 CFR Part 75, the definition of that term at N.J.A.C. 7:27C-1.2applies.
(b) The owner or operator of a CO[2] Budget unit monitoring a non-CO[2] Budget unit pursuant to the common, multiple, or bypass stack procedures in 40 CFR 75.16(b)(2)(ii)(B) or 40 CFR 75.72(b)(2)(ii), for purposes of complying with this subchapter shall monitor and report CO[2] mass emissions from such non-CO[2] Budget unit according to the procedures for CO[2] Budget units established in this section through N.J.A.C. 7:27C-8.7.
(c) The owner or operator of each CO[2] Budget unit shall:
1. Install all monitoring systems necessary to monitor CO[2] mass emissions in accordance with 40 CFR Part 75, except for equation G- 1 of Appendix G, which shall not be used to determine CO[2] emissions under this chapter. Compliance with this paragraph may require systems to monitor CO[2] concentration, stack gas flow rate, O concentration, heat input, and fuel flow rate;
2. Successfully complete all certification tests required under N.J.A.C. 7:27C-8.2 and meet all other requirements of this subchapter and 40 CFR Part 75 applicable to the monitoring systems installed pursuant to (c)1 above; and
3. Record, report, and quality-assure the data from the monitoring systems required pursuant to (c)1 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 8 - General requirements › Section 7:27C-8.2 - Monitoring system certification procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a CO[2] Budget unit is exempt from the initial certification, but not the recertification, requirements of this section for a monitoring system installed pursuant to N.J.A.C. 7:27C-8.1(c)1, if the monitoring system:
1. Has been previously certified in accordance with 40 CFR Part 75; and
2. Meets the applicable quality-assurance and quality-control requirements of 40 CFR 75.21 and Appendices B and D of 40 CFR Part 75.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 8 - General requirements › Section 7:27C-8.3 - Out-of-control periods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever any monitoring system fails to meet the quality assurance and quality control requirements or data validation requirements of 40 CFR Part 75, data shall be substituted using the applicable procedures in 40 CFR Part 75 Subpart D or Appendix C.
(b) Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under N.J.A.C. 7:27C-8.2 or the applicable provisions of 40 CFR Part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the Department or the Administrator will issue a notice of disapproval of the certification status of such monitoring system. The term "audit" refers to either a field audit or an audit of any information submitted to the Department or the Administrator. By issuing the notice of disapproval, the Department or Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 8 - General requirements › Section 7:27C-8.4 - Notifications

Current through Register Vol. 56, No. 14, July 15, 2024
The CO[2] authorized account representative for a CO[2] Budget unit shall submit to the Department and the Administrator, all written notice required by this subchapter in accordance with 40 CFR 75.61.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 8 - General requirements › Section 7:27C-8.5 - Recordkeeping and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the requirements of N.J.A.C. 7:27C-2.1(f) and the recordkeeping and reporting requirements in this section, the CO[2] authorized account representative shall comply with all applicable recordkeeping and reporting requirements under 40 CFR 75.73.
(b) The owner or operator of a CO[2] Budget unit shall submit a monitoring plan in the manner prescribed in 40 CFR 75.62.
(c) The CO[2] authorized account representative shall submit quarterly reports, as follows:
1. The CO[2] authorized account representative shall report the CO[2] mass emissions data for the CO[2] Budget unit, in an electronic format prescribed by the Administrator, unless otherwise prescribed by the Department, for each calendar quarter beginning with:
i. For a unit that commences commercial operation before December 17, 2018, the calendar quarter covering January 1, 2020 through March 31, 2020; or
ii. For a unit commencing commercial operation on or after December 17, 2018, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under N.J.A.C. 7:27C-8.1(d). If the calendar quarter SO[2] determined is the third or fourth quarter of 2019, reporting shall commence in the quarter covering January 1, 2020 through March 31, 2020;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 8 - General requirements › Section 7:27C-8.6 - Petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (d) below, the CO[2] authorized account representative of a CO[2] Budget unit that is subject to an acid rain emissions limitation may submit a petition to the Administrator under 40 CFR 75.66 and to the Department requesting approval to apply an alternative to any requirement of 40 CFR Part 75. Application of an alternative to any requirement of 40 CFR Part 75 is in accordance with this subchapter only to the extent that the petition is approved in writing by the Administrator and subsequently approved in writing by the Department.
(b) The CO[2] authorized account representative of a CO[2] Budget unit that is not subject to an acid rain emissions limitation may submit a petition to the Administrator under 40 CFR 75.66, and to the Department requesting approval to apply an alternative to any requirement of 40 CFR Part 75. Application of an alternative to any requirement of 40 CFR Part 75 is in accordance with this subchapter only to the extent that the petition is approved in writing by the Administrator and subsequently approved in writing by the Department.
(c) In the event that the Administrator declines to review a petition under (b) above, the CO[2] authorized account representative of a CO[2] Budget unit that is not subject to an acid rain emissions limitation may submit a petition to the Department requesting approval to apply an alternative to any requirement of this subchapter. That petition shall contain all of the relevant information specified in 40 CFR 75.66. Application of an alternative to any requirement of this subchapter is in accordance with this subchapter only to the extent that the Department approves the petition in writing.
(d) The CO[2] authorized account representative of a CO[2] Budget unit that is subject to an acid rain emissions limitation may submit a petition to the Administrator under 40 CFR 75.66, which is incorporated herein by reference, as amended and supplemented, and to the Department requesting approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 or a CO[2] concentration CEMS used under 40 CFR 75.71(a)(2). Application of an alternative to any such requirement is in accordance with this subchapter only to the extent the petition is approved in writing by the Administrator and subsequently approved in writing by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 8 - General requirements › Section 7:27C-8.7 - CObudget units that co-fire eligible biomass

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CO[2] authorized account representative of a CO[2] budget unit that co-fires eligible biomass as a compliance mechanism under this chapter shall report the following information to the Department for each calendar quarter:
1. For each shipment of solid eligible biomass fuel fired at the CO[2] budget unit:
i. The total eligible biomass fuel input, on an as-fired basis, in pounds; and
ii. The moisture content, on an as-fired basis, as a fraction by weight;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 9 - AUCTION OF CCR AND ECR ALLOWANCES › Section 7:27C-9.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the information specified at N.J.A.C. 7:27C-11.5(c), the notice of COallowance auction for each auction will include the following:
1. The number of CO[2] allowances offered for sale at the auction, not including any CCR allowances;
2. The number of CCR allowances that will be offered for sale at the auction if the condition at (b)1 below is met;
3. The minimum reserve price for the auction;
4. The CCR trigger price for the auction;
5. The maximum number of CO[2] allowances that may be withheld from sale at the auction if the condition at (d)1 below is met; and
6. The ECR trigger price for the auction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 7:27C-10.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The Department will award CO[2] offset allowances to sponsors of CO[2] emissions offset projects that have reduced or avoided atmospheric loading of CO, CO[2] equivalent, or sequestered carbon as demonstrated in accordance with the applicable provisions of this subchapter. The requirements of this subchapter are designed to ensure that CO[2] offset allowances awarded represent CO-equivalent emission reductions, or carbon sequestration that are real, additional, verifiable, enforceable, and permanent within the framework of a standards-based approach. Subject to the relevant compliance deduction limitations at N.J.A.C. 7:27C-6.9(a)3, any CO[2] Budget source may use CO[2] offset allowances for compliance purposes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 7:27C-10.3 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following types of offset projects are eligible for the award of CO[2] offset allowances, provided they have otherwise satisfied all the applicable requirements of this subchapter:
1. Landfill methane capture and destruction;
2. Sequestration of carbon due to reforestation, improved forest management, or avoided conversion; and
3. Avoided methane emissions from agricultural manure management operations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 7:27C-10.4 - Consistency application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The project sponsor shall establish a general account under N.J.A.C. 7:27C-6.2(b).
(b) All submissions to the Department required for the award of CO[2] offset allowances under this subchapter shall be from the CO[2] authorized account representative for the general account of the relevant project sponsor.
(c) A consistency application for an offset project shall be submitted, in a format prescribed by the Department, and consistent with the requirements of this section, by the following deadlines:
1. For a forest offset project, by the date that is one year after the offset project is commenced, except as described in N.J.A.C. 7:27C-10.6(o); and
2. For an offset project other than a forest offset project, by the date that is six months after the offset project is commenced.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 7:27C-10.5 - CO[2] emissions offset project standards - landfill methane (CH) capture and destruction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify for the award of COoffset allowances, in addition to satisfying the other applicable requirements of this subchapter, an offset project that captures and destroys methane from landfills shall meet the requirements of (b) through (f) below.
(b) An offset project under this section shall occur at a landfill that is not subject to the New Source Performance Standards for municipal solid waste landfills, 40 CFR Part 60, Subparts Cc and WWW .
(c) The project sponsor shall provide a detailed narrative of the offset project actions to be taken, including documentation that the offset project meets the requirements of (b) above. The project narrative shall include:
1. Identification of the owners and operators of the offset project;
2. The location and specifications of the landfill where the offset project will occur, including waste in place;
3. Identification of the owners and operators of the landfill where the offset project will occur; and
4. Specifications of the equipment to be installed and a technical schematic of the offset project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 7:27C-10.6 - CO[2] emissions offset project standards - sequestration of carbon due to reforestation, improved forest management, or avoided conversion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify for the award of COoffset allowances, in addition to satisfying the other applicable requirements of this subchapter, a forest offset project shall meet the requirements of (b) through (p) below, and the forest offset protocol.
(b) The project sponsor shall provide a detailed narrative of the offset project actions to be taken, including documentation that the offset project meets the eligibility requirements of the forest offset protocol and this subchapter. The offset project description must include all information identified in sections 8.1 and 9.1 of the forest offset protocol, and any other information deemed necessary by the Department in order to determine eligibility.
(c) Baseline onsite carbon stocks shall be determined as required by sections 6.1.1, 6.1.2, 6.2.1, 6.2.2, 6.2.3, 6.3.1, and 6.3.2 of the forest offset protocol, as applicable.
(d) Net greenhouse gas reductions and greenhouse gas removal enhancements shall be calculated as required by section 6 of the forest offset protocol. The project's risk reversal rating shall be calculated using the forest offset protocol Determination of a Forest Project's Reversal Risk Rating assessment worksheet.
(e) Monitoring and verification is subject to the following requirements:
1. Monitoring and verification reports shall include all forest offset project data reports submitted to the Department, including any additional data required by section 9.2.2 of the forest offset protocol;
2. The monitoring and verification plan included in the consistency application shall consist of a forest carbon inventory program, as required by section 8.1 of the forest offset protocol; and
3. Monitoring and verification reports shall be submitted not less frequently than once every six years, except that the first monitoring and verification report for reforestation projects must be submitted within 12 years of project commencement.