Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 14 - Emission Trading Program Regulations › Section 14-2 - Western Backstop Sulfur Dioxide Trading Program

Current through July 13, 2024
(a)
				Definitions. The following additional definitions apply to Section  2  of this
				chapter.
"Account Representative"
means
				  the individual who is authorized through a Certificate to represent owners and
				  operators of the WEB source with regard to matters under the WEB Trading
				  Program or, for a general account, who is authorized through a Certificate to
				  represent the persons having an ownership interest in allowances in the general
				  account with regard to matters concerning the general account.
"Act"
means the federal Clean
				  Air Act, as amended  42 U.S.C. 7401,
et seq
.
"Actual Emissions"
means total
				  annual sulfur dioxide emissions determined in accordance with Section  2(h) of
				  this chapter or determined in accordance with Section  3  of this chapter for
				  sources that are not subject to Section  2(h) of this chapter.
"Allocate"
means to assign
				  allowances to a WEB source in accordance with Part C1 of Section C of the
				  Wyoming Regional Haze SIP (WYRHSIP).
"Allowance"
means the limited
				  authorization under the WEB Trading Program to emit one ton of sulfur dioxide
				  during a specified control period or any control period thereafter subject to
				  the terms and conditions for use of unused allowances as established by Section
				   2  of this chapter.
"Allowance limitation"
means
				  the tonnage of sulfur dioxide emissions authorized by the allowances available
				  for compliance deduction for a WEB source under Section  2(k) of this chapter on
				  the allowance transfer deadline for each control period.
"Allowance Tracking System"
means the system where allowances under the WEB Trading Program are recorded,
				  held, transferred and deducted.
"Allowance Tracking System
				  account"
means an account in the Allowance Tracking System
				  established for purposes of recording, holding, transferring, and deducting
				  allowances.
"Allowance transfer deadline"
means the deadline established in Section  2(i)(ii) of this chapter when
				  allowances must be submitted for recording in a WEB source's compliance account
				  in order to demonstrate compliance for that control period.
"Best Available Retrofit Technology
				  (BART)"
means that emission reduction control device, facility,
				  method, or system, used to achieve the best continuous emission reduction for
				  each pollutant emitted by an existing stationary facility. The emission
				  limitation shall be established on a case-by-case basis taking into
				  consideration the technology available, the costs of compliance, the energy and
				  non-air quality environmental impacts of compliance, any pollution control
				  equipment in use or in existence at the source, the remaining useful life of
				  the source, and the degree of improvement in visibility which may reasonably be
				  anticipated to result from the use of such technology.
"Certificate"
means the
				  completed and signed submission required to designate an account representative
				  for a WEB source or an account representative for a general account.
"Compliance account"
means an
				  account established in the Allowance Tracking System under Section  2(g)(i) of
				  this chapter for the purpose of recording allowances that a WEB source might
				  hold to demonstrate compliance with its allowance limitation.
"Compliance certification"
means a submission to the Wyoming Department of Environmental Quality
				  (Department) by the account representative as required under Section  2(k)(ii) of this chapter to report a WEB source's compliance or noncompliance with
				  Chapter 14, Section  2.
"Control period"
means the
				  period beginning January 1 of each year and ending on December 31 of the same
				  year, inclusive.
"Emissions tracking database"
means the central database where sulfur dioxide emissions for WEB sources as
				  recorded and reported in accordance with Section  2  of this chapter are tracked
				  to determine compliance with allowance limitations.
"Emission unit"
means any part
				  of a stationary source that emits or would have the potential to emit any
				  pollutant subject to regulations under the Act.
"Existing source"
means a
				  stationary source that commenced operation before the program trigger
				  date.
"General account"
means an
				  account established in the Allowance Tracking System under Section  2(g) of this
				  chapter for the purpose of recording allowances held by a person that are not
				  to be used to show compliance with an allowance limitation.
"Milestone"
means the maximum
				  level of stationary source regional sulfur dioxide emissions for each year from
				  2003 to 2018, established according to the procedures in Part A1 of Section C
				  of the WYRHSIP.
"New WEB Source"
means a WEB
				  source that commenced operation on or after the program trigger date.
"New Source Set-aside"
means a
				  pool of allowances that are available for allocation to new sources in
				  accordance with the provisions of Part C1.3 of Section C of the WYRHSIP.
"Owner or Operator"
means any
				  person who is an owner or who operates, controls or supervises a WEB source,
				  and includes but is not limited to any holding company, utility system or plant
				  manager.
"Potential to emit"
means the
				  maximum capacity of a stationary source to emit any air pollutant under its
				  physical and operational design. Any physical or operational limitation on the
				  capacity of a source to emit an air pollutant, including air pollution control
				  equipment and restrictions on hours of operation or on the type or amount of
				  material combusted, stored or processed, shall be treated as part of its design
				  if the limitation is enforceable by the EPA Administrator.
"Program trigger date"
means
				  the date that the Department determines that the WEB Trading Program has been
				  triggered in accordance with the provisions of Part A3 of Section C of the
				  WYRHSIP.
"Program trigger years"
means
				  the years shown in Part A1 of Section C of the WYRHSIP, Table 1, column 3 for
				  the applicable milestone if the WEB Trading Program is triggered as described
				  in Part A3 of Section C of the WYRHSIP.
"Renewable Energy Resource"
means a resource that generates electricity by non-nuclear and non-fossil
				  technologies that results in low or no air emissions. The term includes
				  electricity generated by wind energy technologies; solar photovoltaic and solar
				  thermal technologies; geothermal technologies; technologies based on landfill
				  gas and biomass sources, and new low-impact hydropower that meets the
				  Low-Impact Hydropower Institute criteria. Biomass includes agricultural, food
				  and wood wastes. The term does not include pumped storage or biomass from
				  municipal solid waste, black liquor, or treated wood.
"Retired source"
means a WEB
				  source that has received a retired source exemption as provided in Section
				   2(c)(iv) of this chapter. Any retired source resuming operations under Section
				   2(c)(iv) of this chapter, must submit its exemption as part of its registration
				  materials.
"Serial number"
means, when
				  referring to allowances, the unique identification number assigned to each
				  allowance by the TSA, in accordance with Section  2(f)(ii) of this
				  chapter.
"Special Reserve Compliance
				  Account"
means an account established in the allowance tracking
				  system under Section  2(g)(i) for the purpose of recording allowances that a WEB
				  source might hold to demonstrate compliance with its allowance limitation for
				  emission units that are monitored for SO2 in accordance
				  with Section  2(h)(i)(B).
"Stationary source"
means any
				  building, structure, facility or installation that emits or may emit any air
				  pollutant subject to regulation under the Act.
"Submit"
means sent to the
				  appropriate authority under the signature of the account representative. For
				  purposes of determining when something is submitted, an official U.S. Postal
				  Service postmark, or equivalent electronic time stamp, shall establish the date
				  of submittal.
"Sulfur dioxide emitting unit"
means any equipment that is located at a WEB source and that emits sulfur
				  dioxide.
"Ton"
means 2000 pounds and any
				  fraction of a ton equaling 1000 pounds or more shall be treated as one ton and
				  any fraction of a ton equaling less than 1000 pounds shall be treated as zero
				  tons.
"Tracking System Administrator
				  (TSA)"
means the person designated by the Department as the
				  administrator of the Allowance Tracking System and the emission tracking
				  database.
"WEB source"
means a stationary
				  Western Backstop (WEB) source that meets the applicability requirements of
				  Section  2(c) of this chapter.
"WEB Trading Program"
means
				  Section  2  of this chapter, triggered as a backstop in accordance with the
				  provisions in Part A3 of Section C of the WYRHSIP, if necessary, to ensure that
				  regional sulfur dioxide emissions are reduced.
"WYRHSIP"
means the Wyoming
				  Regional Haze State Implementation Plan.
(b) WEB Trading Program Trigger.
(i) Except as provided in (ii), the
				provisions of Section  2  of this chapter shall apply on the program trigger date
				that is established in accordance with the procedures in Part A3 of Section C
				of the WYRHSIP.
(ii) Special
				Penalty Provisions for 2018 Milestone, Section  2(l) of this chapter, shall
				apply on January 1, 2018 and shall remain effective until the provisions of
				Section  2(l) of this chapter have been fully implemented.