reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-3 - PERMITS › Section 242-3.2 - Submission of CO[2] budget permit applications

Current through Register Vol. 46, No. 28, July 10, 2024
For any CO2 budget source, the
						CO2 authorized account representative shall submit a
						complete application for a facility operating permit or a modification to an
						existing facility operating permit in accordance with the provisions of Parts
						201 and 621 of this Title and the requirements under section
						242-3.3 
						of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-3 - PERMITS › Section 242-3.3 - Information requirements for CO[2] budget permit applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A complete
					 CO2 budget permit application shall include the
					 following elements concerning the CO2 budget source for
					 which the application is submitted, in a format prescribed by the department:
(1) The information required in Part 201 of
					 this Title shall be included in the CO2 Budget permit
					 application by the owner and/or operator of the CO2
					 budget source. Applications for modifications and revisions generally need only
					 supply information related to the proposed change, provided such information
					 includes a complete set of data on any emissions units affected by the
					 modification and any facility level information required in forms developed by
					 the department to properly ascertain the nature and extent of the
					 modification.
(2) identification of
					 the CO2 budget source, including plant name and the ORIS
					 (Office of Regulatory Information Systems) or facility code assigned to the
					 source by the Energy Information Administration of the United States Department
					 of Energy, if applicable;
(3)
					 identification of each CO2 budget unit at the
					 CO2 budget source.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-4 - COMPLIANCE CERTIFICATION › Section 242-4.1 - Compliance certification report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Applicability and deadline'. For each
					 control period in which a CO2 budget source is subject
					 to the CO2 requirements of subdivision
					 242-1.5(c) 
					 of this Part, the CO2 authorized account representative
					 of the source shall submit to the department by the March 1st 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.
(b) 'Contents of report'. The
					 CO2 authorized account representative shall include in
					 the compliance certification report under subdivision (a) of this section the
					 following elements, in a format prescribed by the department:
(1) identification of the source and each
					 CO2 budget unit at the source;
(2) 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 section
					 242-6.5  of this Part
					 for the control period, including the serial numbers of any
					 CO2 offset allowances that are to be deducted subject to
					 the limitations of paragraph 242-6.5(a)(3) of this Part; and
(3) the compliance certification under
					 subdivision (c) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-4 - COMPLIANCE CERTIFICATION › Section 242-4.2 - Department's action on compliance certifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department or its agent may review
					 and conduct independent audits concerning any compliance certification or any
					 other submission under the CO2 Budget Trading Program
					 and make appropriate adjustments of the information in the compliance
					 certifications or other submissions.
(b) The department or its agent may deduct
					 CO2 allowances from or transfer
					 CO2 allowances to a source's compliance account based on
					 the information in the compliance certifications or other submissions, as
					 adjusted under subdivision (a) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-5 - CO[2] ALLOWANCE ALLOCATIONS › Section 242-5.1 - CO[2] Budget Trading Program base budget

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The CO2 Budget
					 Trading Program base budget is 35,228,822 tons, for the 2019 allocation
					 year.
(b) The
					 CO2 Budget Trading Program base budget is 30,435,778
					 tons, for the 2020 allocation year.
(c) The CO2 Budget
					 Trading Program base budget is 29,056,270 tons, for the 2021 allocation
					 year.
(d) The
					 CO2 Budget Trading Program base budget is 28,175,777
					 tons for the 2022 allocation year.
(e) The CO2 Budget
					 Trading Program base budget is 27,295,284 tons for the 2023 allocation
					 year.
(f) The
					 CO2 Budget Trading Program base budget is 26,414,791
					 tons, for the 2024 allocation year.
(g) The CO2 Budget
					 Trading Program base budget is 25,534,298 tons, for the 2025 allocation
					 year.
(h) The
					 CO2 Budget Trading Program base budget is 24,653,805
					 tons, for the 2026 allocation year.
(i) The CO2 Budget
					 Trading Program base budget is 23,773,312 tons, for the 2027 allocation
					 year.
(j) The
					 CO2 Budget Trading Program base budget is 22,892,819
					 tons, for the 2028 allocation year.
(k) The CO2 Budget
					 Trading Program base budget is 22,012,326 tons, for the 2029 allocation
					 year.
(l) The
					 CO2 Budget Trading Program base budget is 21,131,833
					 tons, for the 2030 allocation year and each succeeding allocation
					 year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-5 - CO[2] ALLOWANCE ALLOCATIONS › Section 242-5.3 - CO[2] allowance allocations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Energy efficiency and clean energy
					 technology account.
The department will allocate the
						CO2 Budget Trading Program adjusted budget to best
						achieve the emissions reduction goals of the CO2 Budget
						Trading Program by promoting or rewarding investments in energy efficiency,
						renewable or non-carbon-emitting technologies, and/or innovative carbon
						emissions abatement technologies with significant carbon reduction
						potential.
(1) NYSERDA will establish
					 and administer the energy efficiency and clean energy technology account
					 pursuant to 21 NYCRR Part 507.
(2)
					 The department will allocate most of the CO2 Budget
					 Trading Program base budget or adjusted budget to the energy efficiency and
					 clean energy technology account.
(3) NYSERDA will administer the energy
					 efficiency and clean technology account so that allowances will be sold in a
					 transparent allowance auction or auctions. The proceeds of the auction or
					 auctions will be used to promote the purposes of the energy efficiency and
					 clean energy technology account and for administrative costs associated with
					 the CO2 Budget Trading Program. The auction will be
					 carried out to achieve the following objectives: achieve fully transparent and
					 efficient pricing of allowances; promote a liquid allowance market by making
					 entry and trading as easy and low-cost as possible; be open to participation by
					 the categories of bidders determined by NYSERDA or its designee in consultation
					 with the Auction Advisory Committee which meet the minimum financial
					 requirements; monitor for and guard against the exercise of market power and
					 market manipulation; be held as frequently as is needed to achieve design
					 objectives; avoid interference with existing allowance markets; align well with
					 wholesale energy and capacity markets; and be designed to not act as a barrier
					 to efficient investment in relatively clean existing or new electricity
					 generating sources.
(i) NYSERDA, or its agent,
					 will not be obligated to sell any CO2 allowances for
					 less than the reserve price.
(ii)
					 The department or its agent may retire unsold CO2
					 allowances at the end of each control period.
(iii) The department or its agent may retire
					 undistributed CO2 allowances at the end of each control
					 period.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-6 - CO[2] ALLOWANCE TRACKING SYSTEM › Section 242-6.1 - CO[2] Allowance Tracking System accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Nature and function of compliance
					 accounts'. Consistent with subdivision
					 242-6.2(a) 
					 of this Subpart, the department or its agent will establish one compliance
					 account for each CO2 budget source. Deductions or
					 transfers of CO2 allowances pursuant to sections
					 242-4.2 
					 of this Part, 242-6.5, 242-6.7 of this Subpart, or Subpart 242-7 of this Part
					 will be recorded in the compliance accounts in accordance with this Subpart.
(b) 'Nature and function of
					 general accounts'. Consistent with subdivision
					 242-6.2(b) 
					 of this Subpart, the department or its agent will establish, upon request, a
					 general account for any person. Transfers of CO2
					 allowances pursuant to Subpart 242-7 of this Part will be recorded
					 in the general account in accordance with this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-6 - CO[2] ALLOWANCE TRACKING SYSTEM › Section 242-6.3 - CO[2] Allowance Tracking System responsibilities of CO[2] authorized account representative

Current through Register Vol. 46, No. 28, July 10, 2024
Following the establishment of a
						CO2 allowance tracking system account, all submissions
						to the department or its agent pertaining to the account, including, but not
						limited to, submissions concerning the deduction or transfer of
						CO2 allowances in the account, shall be made only by the
						CO2 authorized account representative for the
						account.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-6 - CO[2] ALLOWANCE TRACKING SYSTEM › Section 242-6.4 - Recordation of CO[2] allowance allocations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By January 1 of each allocation year, the
					 department or its agent will record the CO2 allowances
					 for that allocation year in the energy efficiency and clean energy technology
					 account, the voluntary renewable energy market and eligible biomass set-aside
					 account, and the long term contract set-aside account. Immediately upon the
					 effective date of the 2020 revisions to this Part, the department shall
					 transfer allowances from the CO Budget Trading Program annual adjusted budget
					 for allocation year 2020 to the program review retirement set-aside in
					 accordance with the provisions of subdivision
					 242-6.2(f) 
					 of this part.
(b) 'Serial numbers
					 for allocated CO2 allowances'. When allocating
					 CO2 allowances to and recording them in an account, the
					 department or its agent will assign each CO2 allowance a
					 unique identification number that will include digits identifying the year for
					 which the CO2 allowance is allocated.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-6 - CO[2] ALLOWANCE TRACKING SYSTEM › Section 242-6.5 - Compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Allowances
					 available for compliance deduction'. CO2 allowances that
					 meet the following criteria are available to be deducted in order for a
					 CO2 budget source to comply with the
					 CO2 requirements of subdivision
					 242-1.5(c) 
					 of this Part for a control period or an interim control period.
(1) The CO2
					 allowances, other than CO2 offset allowances, are of
					 allocation years that fall within a prior control period, the same control
					 period or the same interim control period for which the allowances will be
					 deducted.
(2) The
					 CO2 allowances are held in the
					 CO2 budget source's compliance account as of the
					 CO2 allowance transfer deadline for that control period
					 or interim control period or are transferred into the compliance account by a
					 CO2 allowance transfer correctly submitted for
					 recordation under section
					 242-7.1 
					 of this Part by the CO2 allowance transfer deadline for
					 that control period or interim control period.
(3) For CO2 offset
					 allowances, the number of CO2 offset allowances that are
					 available to be deducted in order for a CO2 budget
					 source to comply with the CO2 requirements under
					 subdivision
					 242-1.5(c) 
					 of this Part for a control period or an interim control period may not exceed
					 3.3 percent of the CO2 budget source's
					 CO2 emissions for that control period, or of 0.50 times
					 the CO2 budget source's CO2
					 emissions for an interim control period, as determined in accordance with this
					 Subpart and Subpart 242-8 of this Part.
(4) The CO2 allowances
					 are not necessary for deductions for excess emissions for a prior control
					 period under subdivision (d) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-6 - CO[2] ALLOWANCE TRACKING SYSTEM › Section 242-6.6 - Banking

Current through Register Vol. 46, No. 28, July 10, 2024
Each CO2 allowance that is held in
						a compliance account or a general account will remain in such account unless
						and until the CO2 allowance is deducted or transferred
						under section
						242-4.2 
						of this Part, and sections
						242-6.5,
						242-6.7  of this
						Subpart, or Subpart 242-7 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-6 - CO[2] ALLOWANCE TRACKING SYSTEM › Section 242-6.7 - Account error

Current through Register Vol. 46, No. 28, July 10, 2024
The department or its agent may, at its sole discretion
						and on his or her own motion, correct any error in any
						CO2 allowance tracking system account. Within 10
						business days of making such correction, the department or its agent will
						notify the CO2 authorized account representative for the
						account.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-6 - CO[2] ALLOWANCE TRACKING SYSTEM › Section 242-6.8 - Closing of general accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 A CO2 authorized account representative of a general
					 account may instruct the department or its agent to close the account by
					 submitting a statement requesting deletion of the account from the
					 CO2 allowance tracking system and by correctly
					 submitting for recordation under section
					 242-7.1 
					 of this Part a CO2 allowance transfer of all
					 CO2 allowances in the account to one or more other
					 CO2 allowance tracking system accounts.
(b) If a general account shows no activity
					 for a period of one year or more and does not contain any
					 CO2 allowances, the department or its agent may notify
					 the CO2 authorized account representative for the
					 account that the account will be closed in the CO2
					 allowance tracking system 30 business days after the notice is sent. The
					 account will be closed after the 30-day period unless, before the end of the
					 30-day period, the department or its agent receives a correctly submitted
					 transfer of CO2 allowances into the account under
					 section
					 242-7.1 
					 of this Part or a statement submitted by the CO2
					 authorized account representative demonstrating to the satisfaction of the
					 department or its agent good cause as to why the account should not be closed.
					 The department or its agent will have sole discretion to determine if the owner
					 or operator of the unit demonstrated that the account should not be
					 closed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-7 - CO[2] ALLOWANCE TRANSFERS › Section 242-7.1 - Submission of CO[2] allowance transfers

Current through Register Vol. 46, No. 28, July 10, 2024
The CO2 authorized account
						representatives seeking recordation of a CO2 allowance
						transfer shall submit the transfer to the department or its agent. To be
						considered correctly submitted, the CO2 allowance
						transfer shall include the following elements in a format specified by the
						department or its agent:
(a) the
					 numbers identifying both the transferor and transferee accounts;
(b) a specification by serial number of each
					 CO2 allowance to be transferred;
(c) the printed name and signature of the
					 CO2 authorized account representative of the transferor
					 account and the date signed;
(d)
					 the date of the completion of the last sale or purchase transaction for the
					 allowance, if any; and
(e) the
					 purchase or sale price of the allowance that is the subject of a sale or
					 purchase transaction under subdivision (d) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-7 - CO[2] ALLOWANCE TRANSFERS › Section 242-7.2 - Recordation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five
					 business days of receiving a CO2 allowance transfer,
					 except as provided in subdivision (b) of this section, the department or its
					 agent will record a CO2 allowance transfer by moving
					 each CO2 allowance from the transferor account to the
					 transferee account as specified by the request, provided that:
(1) the transfer is correctly submitted under
					 section
					 242-7.1 
					 of this Subpart; and
(2) the
					 transferor account includes each CO2 allowance
					 identified by serial number in the transfer.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-7 - CO[2] ALLOWANCE TRANSFERS › Section 242-7.3 - Notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Notification
					 of recordation'. Within five business days of recordation of a
					 CO2 allowance transfer under section
					 242-7.2  of this
					 Subpart, the department or its agent will notify each party to the transfer.
					 Notice will be given to the CO2 authorized account
					 representatives of both the transferor and transferee accounts.
(b) 'Notification of non-recordation'. Within
					 10 business days of receipt of a CO2 allowance transfer
					 that fails to meet the requirements of subdivision
					 242-7.2(a) 
					 of this Subpart, the department or its agent will notify the
					 CO2 authorized account representatives of both accounts
					 subject to the transfer of:
(1) a decision
					 not to record the transfer, and
(2)
					 the reasons for such non-recordation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-8 - MONITORING AND REPORTING › Section 242-8.2 - Initial certification and recertification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner or operator of a
					 CO2 budget unit shall be exempt from the initial
					 certification requirements of this section for a monitoring system under
					 section
					 242-8.1(a)(1) 
					 of this Subpart if the following conditions are met:
(1) the monitoring system has been previously
					 certified in accordance with           40 CFR part 75           (see table 1, section
					 200.9  of this
					 Title); and
(2) the applicable
					 quality-assurance and quality-control requirements of
					 40 CFR
					 75.21 and appendix B and appendix D of   40 CFR
					 part 75   (see table 1, section
					 200.9 of this
					 Title) are fully met for the certified monitoring system described in paragraph
					 (1) of this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-8 - MONITORING AND REPORTING › Section 242-8.3 - Out-of-control periods

Current through Register Vol. 46, No. 28, July 10, 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    (see
					 Table 1, section
					 200.9  of this
					 Title), data shall be substituted using the applicable procedures in Subpart D
					 or appendix D of 40 CFR part 75 (see Table 1, section
					 200.9  of this
					 Title).
(b) 'Audit
					 decertification'. 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
					 section
					 242-8.2 
					 of this Subpart or the applicable provisions of 40 CFR part 75 (see Table 1,
					 section
					 200.9  of this
					 Title), both at the time of the initial certification or recertification
					 application submission and at the time of the audit, the department or
					 administrator will issue a notice of disapproval of the certification status of
					 such monitoring system. For the purposes of this subdivision, an audit shall be
					 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. The owner or operator shall
					 follow the initial certification or recertification procedures in section
					 242-8.2 
					 of this Subpart for each disapproved monitoring system.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-8 - MONITORING AND REPORTING › Section 242-8.4 - Notifications

Current through Register Vol. 46, No. 28, July 10, 2024
The CO2 authorized account
						representative for a CO2 budget unit shall submit
						written notice to the department and the administrator in accordance with
						40
						CFR 75.61 (see Table 1, section
						200.9 of this
						Title).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-8 - MONITORING AND REPORTING › Section 242-8.5 - Recordkeeping and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'General provisions'. The CO2 authorized account
					 representative shall comply with all recordkeeping and reporting requirements
					 in this section, the applicable recordkeeping and reporting requirements under
					 40 CFR
					 75.73 (see Table 1, section
					 200.9 of this
					 Title) and with the requirements of section
					 242-2.1(e)
					 of this Part.
(b) 'Monitoring
					 plans'. The owner or operator of a CO2 budget unit shall
					 submit a monitoring plan in the manner prescribed in
					 40 CFR
					 75.62 (see Table 1, section
					 200.9 of this
					 Title).
(c) 'Certification
					 applications'. The CO2 authorized account representative
					 shall submit an application to the department within 45 days after completing
					 all CO2 monitoring system initial certification or
					 recertification tests required under section
					 242-8.2 
					 of this Subpart including the information required under
					 40 CFR
					 75.63 and  40 CFR 75.53(e) and (f)  (see Table
					 1, section
					 200.9 of this
					 Title).
(d) 'Quarterly reports'.
					 The CO2 authorized account representative shall submit
					 quarterly reports, as follows:
(1) The
					 CO2 authorized account representative shall report the
					 CO2 mass emissions data and heat input data for the
					 CO2 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 July 1, 2008, the calendar
					 quarter covering January 1, 2009 through March 31, 2009; or
(ii) for a unit commencing commercial
					 operation on or after July 1, 2008, the calendar quarter corresponding to, the
					 earlier of the date of provisional certification or the applicable deadline for
					 initial certification under subdivision
					 242-8.1(b) 
					 of this Part or, unless that quarter is the third or fourth quarter of 2008, in
					 which case reporting shall commence in the quarter covering January 1, 2009
					 through March 31, 2009.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-8 - MONITORING AND REPORTING › Section 242-8.6 - Petitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 provided in subdivision (c) of this section, the CO2
					 authorized account representative of a CO2 budget unit
					 that is subject to an acid rain emissions limitation may submit a petition
					 under to the administrator under
					 40 CFR
					 75.66 (see Table 1, section
					 200.9 of this
					 Title) and to the department requesting approval to apply an alternative to any
					 requirement of      40 CFR part 75      (see Table 1, section
					 200.9 of this
					 Title). Application of an alternative to any requirement of 40 CFR Part 75 (see
					 Table 1, section
					 200.9 of this
					 Title) is in accordance with this Subpart only to the extent that the petition
					 is approved in writing by the administrator, and subsequently approved in
					 writing by the department.
(b)
					 Petitions for a CO budget unit that is not subject to an acid rain emissions
					 limitation.
(1) The
					 CO2 authorized account representative of a
					 CO2 budget unit that is not subject to an acid rain
					 emissions limitation may submit a petition to the administrator under
					 40 CFR
					 75.66 (see Table 1, section
					 200.9 of this
					 Title) and to the department requesting approval to apply an alternative to any
					 requirement of 40 CFR Part 75 (see Table 1, section
					 200.9 of this
					 Title). Application of an alternative to any requirement of 40 CFR Part 75 (see
					 Table 1, section
					 200.9 of this
					 Title) is in accordance with this Subpart only to the extent that the petition
					 is approved in writing by the administrator, and subsequently approved in
					 writing by the department.
(2) In
					 the event that the administrator declines to review a petition under this
					 Subpart, the CO2 authorized account representative of a
					 CO2 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 Subpart. That
					 petition shall contain all of the relevant information specified in
					 40 CFR
					 75.66 (see Table 1, section
					 200.9 of this
					 Title). Application of an alternative to any requirement of
					 40 CFR
					 75.66 (see Table 1, section
					 200.9 of this
					 Title). Application of an alternative to any requirement of 40 CFR part 75 (see
					 Table 1, section
					 200.9 of this
					 Title) is in accordance with this Subpart only to the extent that the petition
					 is approved in writing by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-8 - MONITORING AND REPORTING › Section 242-8.7 - CO[2] budget units that co-fire eligible biomass

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The CO2 authorized
					 account representative of a CO2 budget unit that
					 co-fires eligible biomass as a compliance mechanism under this Part shall
					 report the following information to the Department or its agent for each
					 calendar quarter:
(1) For each shipment of
					 solid eligible biomass fuel fired at the CO2 budget
					 unit, the total eligible biomass fuel input, on an as-fired basis, in
					 pounds.
(2) For each shipment of
					 solid eligible biomass fuel fired at the CO2 budget
					 unit, the moisture content, on an as-fired basis, as a fraction by
					 weight.
(3) For each distinct type
					 of gaseous eligible biomass fuel fired at the CO2 budget
					 unit, the density of the biogas, on an as-fired basis, in pounds per standard
					 cubic foot.
(4) For each distinct
					 type of gaseous eligible biomass fuel fired at the CO2
					 budget unit, the moisture content of the biogas, as a fraction by total
					 weight.
(5) For each distinct type
					 of gaseous eligible biomass fuel fired at the CO2 budget
					 unit, the total eligible biomass fuel input, in standard cubic feet.
(6) For each distinct type of eligible
					 biomass fuel fired at the CO2 budget unit, the dry basis
					 carbon content of the fuel type, as a fraction by dry weight.
(7) For each distinct type of eligible
					 biomass fuel fired at the CO2 budget unit, the dry basis
					 higher heating value, in MMBtu per dry pound.
(8) For each distinct type of eligible
					 biomass fuel fired at the CO2 budget unit, the total dry
					 basis eligible biomass fuel input, in pounds, calculated in accordance with
					 subdivision (b) of this section.
(9) The total amount of
					 CO2 emitted from the CO2 budget
					 unit due to firing eligible biomass fuel, in tons, calculated in accordance
					 with subdivision (c) of this section.
(10) For each distinct type of eligible
					 biomass fuel fired at the CO2 budget unit, the total
					 eligible biomass fuel heat input, in MMBtu, calculated in accordance with
					 paragraph (d)(1) of this section.
(11) The total amount of heat input to the
					 CO2 budget unit due to firing eligible biomass fuel, in
					 MMBtu, calculated in accordance with paragraph (d)(2) of this
					 section.
(12) Description and
					 documentation of monitoring technology employed, and description and
					 documentation of fuel sampling methodology employed, including sampling
					 frequency; and,
(13) For each
					 distinct type of eligible biomass fuel fired at the CO2
					 budget unit, chemical analysis, including heating value and carbon
					 content.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-8 - MONITORING AND REPORTING › Section 242-8.8 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 242-10.1 - CO[2] emissions offset purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The department will provide for the award of
						CO2 offset allowances to sponsors of
						CO2 emissions offset projects that have reduced or
						avoided atmospheric loading of CO2,
						CO2 equivalent or sequestered carbon as demonstrated in
						accordance with the applicable provisions of this Subpart. The requirements of
						this Subpart seek to ensure that CO2 offset allowances
						awarded represent CO2 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 of section
						242-6.5(a)(3) 
						of this Part, CO2 offset allowances may be used by any
						CO2 budget source for compliance
						purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 242-10.3 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Eligible CO2 emissions offset projects'. To qualify for
					 the award CO2 offset allowances offset projects shall
					 satisfy all the applicable requirements of this Subpart.
(1) 'Offset project types'. The following
					 type of offset project is eligible for the award of CO2
					 offset allowances.
(i) Avoided
					 methane emissions from agricultural manure management operations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 242-10.4 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Establishment of general account'. The sponsor of an offset project must
					 establish a general account under section
					 242-6.2(b) 
					 of this Part. All submissions to the department required for the award of
					 CO2 offset allowances under this Subpart must be from
					 the CO2 authorized account representative for the
					 general account of the sponsor of the relevant offset project, herein referred
					 to as "project sponsor."
(b)
					 'Consistency application deadlines'.
(1) For
					 offset projects the consistency application must be submitted by the date that
					 is six months after the offset project is commenced.
(2) Any consistency application that fails to
					 meet the deadlines of this subdivision will result in the denial of the
					 consistency application and the continued ineligibility of the subject offset
					 project.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 242-10.6 - Accreditation of independent verifiers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Standards for accreditation'.
					 Independent verifiers may be accredited by the department to provide
					 verification services as required of project sponsors under this Subpart,
					 provided that independent verifiers meet all of the requirements of this
					 section.
(1) 'Verifier minimum requirements'.
					 Each accredited independent verifier shall demonstrate knowledge of the
					 following topics:
(i) utilizing engineering
					 principles;
(ii) quantifying
					 greenhouse gas emissions;
(iii)
					 developing and evaluating air emissions inventories:
(iv) auditing and accounting
					 principles;
(v) information
					 management systems;
(vi) the
					 requirements of this Subpart and other applicable requirements of this Part;
					 and
(vii) such other qualifications
					 as may be required by the department to provide competent verification services
					 as required for individual offset categories specified at section
					 242-10.5 
					 of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 242-10.7 - Award and Recordation of CO[2] offset allowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Quantities of CO2
					 offset allowances that may be awarded, and subsequently recorded'.
(1) Award of CO2
					 offset allowances for CO2 emissions offset projects.
					 Following the issuance of a consistency determination under paragraph
					 242-10.4(e)(2) of this Subpart and the approval of a monitoring and
					 verification report under the provisions of subdivision (e) of this section,
					 the department will award one CO2 offset allowance for
					 each ton of demonstrated reduction in CO2 or
					 CO2 equivalent emissions or sequestration of
					 CO2.
(2)
					 Recordation of CO2 offset allowances. After
					 CO2 offset allowances are awarded under paragraph (1) of
					 this subdivision, the Department shall record such CO2
					 offset allowances in the project sponsor's general account.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 243 - Transport Rule No[x] Ozone Season Trading Program › Section 243.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Part 243
				  establishes the CSAPR NOx Ozone Season Group 2 Trading
				  Program allocation process as applicable to units in New York State with regard
				  to the control periods of 2021 and subsequent years. Applicability for this
				  program is defined in  40 CFR 97.804  (see Table 1, section
				  200.9  of this
				  Title).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 243 - Transport Rule No[x] Ozone Season Trading Program › Section 243.3 - CSAPR NO[x] Ozone Season Group 2 Trading Program budgets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The CSAPR NOx
				  Ozone Season Group 2 Trading Program budget for the 2017 control period and
				  beyond is defined in  40 CFR 97.810(a)(15)  (see Table 1, section
				  200.9  of this
				  title).
(b) The department will
				  allocate allowances in whole ton increments from the CSAPR
				  NOx Ozone Season Group 2 Trading Program budgets for the
				  2021 control period and beyond in the following manner:
(1) Five percent of the CSAPR
				  NOx Ozone Season Group 2 Trading Program budget will be
				  allocated to the new unit set-aside account.
(2) Allowances totaling the average emissions
				  for the three most recent calendar years of all CSAPR
				  NOx Ozone Season Group 2 units in New York State for
				  which at least three full calendar years of emissions data are available before
				  the allocation submission deadline for the control periods under section
				  243.4 
				  of this part will be proportionally allocated to each of such individual CSAPR
				  NOx Ozone Season Group 2 units. For purposes of this
				  paragraph, emissions data indicating zero emissions will be deemed available
				  for a unit for any reporting period for which the unit either reports zero
				  emissions or does not report emissions data after being required to report
				  emissions data for that reporting period or a previous reporting
				  period.
(3) After the department
				  allocates based on paragraphs (1) and (2) of this subdivision, the EERET
				  account will receive the remainder of allowances from the CSAPR
				  NOx Ozone Season Group 2 budget except any allowances
				  reserved for an Indian country new unit set-aside under  40 CFR 97.810(a) (15)(iii)  (see Table 1, section
				  200.9  of this
				  title).
(i) The EERET account will be
				  allocated a minimum of 10 percent of the CSAPR NOx Ozone
				  Season Group 2 Trading Program budget.
(ii) If paragraphs (1)-(3) of this
				  subdivision result in an EERET account allocation of less than 10 percent of
				  the CSAPR NOx Ozone Season Group 2 Trading Program
				  budget, the allowances allocated under paragraph (2) of this subdivision will
				  be reduced proportionally by the amounts necessary to ensure that 10 percent of
				  the CSAPR NOx Ozone Season Group 2 Trading Program
				  budget is allocated to the EERET account.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 243 - Transport Rule No[x] Ozone Season Trading Program › Section 243.4 - Timing requirements for CSAPR NO[x] Ozone Season Group 2 allowance allocations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By June 1,
				  2019, the department will submit to the Administrator, in a format prescribed
				  by the Administrator, the CSAPR NOx Ozone Season Group 2
				  allowance allocations determined in accordance with section
				  243.3 
				  of this part for the 2021 and 2022 control periods.
(b) By June 1, 2020, the department will
				  submit to the Administrator, in a format prescribed by the Administrator, the
				  CSAPR NOx Ozone Season Group 2 allowance allocations
				  determined in accordance with section
				  243.3 
				  of this part for the 2023 and 2024 control periods.
(c) By June 1, 2021, and June 1st of each
				  year thereafter, the department will submit to the Administrator, in a format
				  prescribed by the Administrator, the CSAPR NOx Ozone
				  Season Group 2 allowance allocations determined in accordance with section
				  243.3 
				  of this part for the control period in the fourth year following the year of
				  the submission deadline.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 243 - Transport Rule No[x] Ozone Season Trading Program › Section 243.6 - Energy Efficiency and Renewable Energy Technology Account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department will allocate allowances
				  to a CSAPR NOx Ozone Season Group 2 EERET account from
				  the CSAPR NOx Ozone Season Group 2 trading budget for
				  each control period. NYSERDA is required to make all the allowances in the
				  EERET account available for sale on the open market no later than 30 days after
				  receipt of the allowances by the EERET account.
(b) Should NYSERDA fail to, or be unable to,
				  receive CSAPR NOx Ozone Season Group 2 allowances into
				  the EERET account for any control period, the affected allowances will be
				  forfeited to the department.
(c)
				  Should NYSERDA fail to, or be unable to, sell or distribute CSAPR
				  NOx Ozone Season Group 2 allowances that have been
				  allocated to the EERET account within 12 months of the date the CSAPR
				  NOx Ozone Season Group 2 allowances are allocated under
				  subdivision (a) of this section, all subject CSAPR NOx
				  Ozone Season Group 2 allowances remaining in the account will be forfeited to
				  the department.
(d) By July 1st,
				  following the forfeiture of the allowances to the department, the department
				  reserves the authority to retire or allocate any unused allowances on the
				  condition that the number of CSAPR NOx Ozone Season
				  Group 2 allowances that will be transferred to the compliance account covering
				  an existing CSAPR NOx Ozone Season Group 2 unit will not
				  cause the unit's total allocation for the control period to exceed its
				  potential to emit. The allocation procedure set forth in section
				  243.3 
				  of this part will be used to allocate allowances forfeited to the department to
				  CSAPR NOx Ozone Season Group 2 units.
(e) The provisions of subdivisions (a)
				  through (d) of this section will apply with respect to any allowances
				  transferred by the Administrator to the department for disposition in
				  accordance with  40 CFR 97.812(b) (10)(ii)  (see Table 1, section
				  200.9  of this
				  title).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 244 - Transport Rule No[x] Annual Trading Program › Section 244.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Part 244
				  establishes the CSAPR NOx Annual Trading Program
				  allowance allocation process as applicable to units in New York State with
				  regard to the control periods of 2017 and subsequent years. Applicability for
				  this program is defined at
				  40
				  CFR 97.404 (see Table 1, section
				  200.9 of this
				  Title)