7 Del. Admin. Code § 1147-8.0

Current through Register Vol. 28, No. 1, July 1, 2024
Section 1147-8.0 - Monitoring and Reporting
8.1 General requirements.

The owners and operators, and to the extent applicable, the CO2 authorized account representative of a CO2 budget unit, shall comply with the monitoring, recordkeeping and reporting requirements as provided in this regulation and all applicable sections of 40 CFR 75 . Where referenced in Section 8.0, the monitoring requirements of 40 CFR 75 shall be adhered to in a manner consistent with the purpose of monitoring and reporting CO2 mass emissions pursuant to these regulations. For purposes of complying with such requirements, the definitions in subsection 1.3 and in 40 CFR 72.2 shall apply, and the terms ''affected unit,'' ''designated representative,'' and ''continuous emissions monitoring system'' (or ''CEMS'') in 40 CFR 75 shall be replaced by the terms'' CO2 budget unit,'' ''CO2 authorized account representative,'' and ''continuous emissions monitoring system'' (or ''CEMS''), respectively, as defined in subsection 1.3.

For units not subject to an Acid Rain emissions limitation, the term "Administrator" in 40 CFR 75 shall be replaced with "the Department or its agent." Owners or operators of a CO2 budget unit who monitor a non-CO2 budget unit pursuant to the common, multiple, or bypass stack procedures in 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16(b)(2)(ii)(B) as pursuant to 40 CFR 75.13, for purposes of complying with [these regulations], shall monitor and report CO2 mass emissions from such non-CO2 budget unit according to the procedures for CO2 budget units established in subsections 8.1 through 8.7.

8.1.1Requirements for installation, certification, and data accounting. The owner or operator of each CO2 budget unit must meet the following requirements.
8.1.1.1 Install all monitoring systems necessary to monitor CO2 mass emissions in accordance with 40 CFR 75, except for equation G-1. Equation G-1 in Appendix G shall not be used to determine CO2 emissions under this Regulation for determining CO2 mass emissions from coal-fired units. This may require systems to monitor CO2 concentration, stack gas flow rate, O2 concentration, heat input, and fuel flow rate.
8.1.1.2 Successfully complete all certification tests required under subsection 8.2 and meet all other requirements and 40 CFR 75 applicable to the monitoring systems under subsection 8.1.1.
8.1.1.3 Record, report and quality-assure the data from the monitoring systems under subsection 8.1.1.
8.1.2Compliance dates. The owner or operator shall meet the monitoring system certification and other requirements of subsections 8.1.1 through 8.1.3 on or before the following dates. The owner or operator shall record, report and quality-assure the data from the monitoring systems under subsections 8.1.1 on and after the following dates.
8.1.2.1 The owner or operator of a CO2 budget unit, except for a CO2 budget unit under subsection 8.1.2.2, that commences commercial operation before July 1, 2008, must comply with the requirements by January 1, 2009.
8.1.2.2 The owner or operator of a CO2 budget unit that commences commercial operation on or after July 1, 2008 must comply with the requirements by the later of the following dates:
8.1.2.2.1 January 1, 2009; or
8.1.2.2.2 The earlier of:
8.1.2.2.2.1 90 unit operating days after the date on which the unit commences commercial operation; or
8.1.2.2.2.2 180 calendar days after the date on which the unit commences commercial operation.
8.1.2.3 For the owner or operator of a CO2 budget unit for which construction of a new stack or flue installation is completed after the applicable deadline under subsections 8.1.2.1 or 8.1.2.2 by the earlier of:
8.1.2.3.1 90 unit operating days after the date on which emissions first exit to the atmosphere through the new stack or flue; or
8.1.2.3.2 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue.
8.1.3Reporting data.
8.1.3.1 Except as provided in subsection 8.1.3.2, the owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in subsections 8.1.2.1, 8.1.2.2 and 8.1.2.3 for any monitoring system under subsection 8.1.1 shall, for each such monitoring system, determine, record, and report maximum potential (or as appropriate minimum potential) values for CO2 concentration, CO2 emissions rate, stack gas moisture content, fuel flow rate, heat input, and any other parameter required to determine CO2 mass emissions in accordance with 40 CFR 75.31(b)(2) or (c)(3), or section 2.4 of Appendix D of 40 CFR 75 as applicable.
8.1.3.2 The owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in subsection 8.2.3 for any monitoring system under subsection 8.1.1 of this regulation shall, for each such monitoring system, determine, record, and report substitute data using the applicable missing data procedures in Subpart D, or Appendix D of 40 CFR 75, in lieu of the maximum potential (or as appropriate minimum potential) values for a parameter if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation under subsection 8.2.3.
8.1.3.3
8.1.3.3.1 CO2 budget units subject to an acid rain emissions limitation (7 DE Admin. Code 1136) or the NOx Budget Trading Program (7 DE Admin. Code 1139) CSAPR NOx Ozone Season Trading Program that qualify for the optional SO2, NOX, and CO2 (for acid rain) or NOx (for NOx Budget) emissions calculations for low mass emissions CSAPR NOx Ozone Season Trading Program (LME) units under 40 CFR 75.19 and report emissions for such programs using the calculations under 40 CFR 75.19, shall also use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with these regulations (7 DE Admin. Code 1139).
8.1.3.3.2 CO2 budget units subject to an acid rain emissions limitation (7 DE Admin. Code 1136) that do not qualify for the optional SO2, NOX, and CO2 (for acid rain) or NOx (NOx Budget) emissions calculations for LME units under 40 CFR 75.19, shall not use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with these regulations.
8.1.3.3.3 CO2 budget units not subject to an acid rain emissions limitation (Regulation 1136) shall qualify for the optional CO2 emissions calculation for LME units under 40 CFR 75.19, provided that they emit less than 100 tons of NOX annually and no more than 25 tons of SO2 annually.
8.1.4Prohibitions.
8.1.4.1 No owner or operator of a CO2 budget unit shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emissions monitoring system without having obtained prior written approval in accordance with subsection 8.6.
8.1.4.2 No owner or operator of a CO2 budget unit shall operate the unit so as to discharge, or allow to be discharged, CO2 emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions and 40 CFR 75.
8.1.4.3 No owner or operator of a CO2 budget unit shall disrupt the continuous emissions monitoring system, any portion thereof, or any other approved emissions monitoring method, and thereby avoid monitoring and recording CO2 mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions and 40 CFR 75.
8.1.4.4 No owner or operator of a CO2 budget unit shall retire or permanently discontinue use of the continuous emissions monitoring system, any component thereof, or any other approved emissions monitoring system under this regulation, except under any one of the following circumstances:
8.1.4.4.1 The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions and 40 CFR 75, by the Department for use at that unit that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system; or
8.1.4.4.2 The CO2 authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with subsection 8.2.4.3.1.
8.2 Initial certification and recertification procedures.
8.2.1 The owner or operator of a CO2 budget unit shall be exempt from the initial certification requirements for a monitoring system under subsection 8.1.1.1 if the following conditions are met:
8.2.1.1 The monitoring system has been previously certified in accordance with 40 CFR 75; and
8.2.1.2 The applicable quality-assurance and quality-control requirements of 40 CFR 75.21 and appendix B and appendix D of 40 CFR 75 are fully met for the certified monitoring system described in subsection 8.2.1.1.
8.2.2 The recertification provisions shall apply to a monitoring system under subsection 8.1.1.1 exempt from initial certification requirements under subsection 8.2.1.
8.2.3 Not withstanding subsection 8.2.1, if the Administrator has previously approved a petition under 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16(b)(2)(ii)(B) as pursuant to 40 CFR 75.13 for apportioning the CO2 emissions rate measured in a common stack or a petition under 40 CFR 75.66 of this chapter for an alternative requirement in 40 CFR 75, the CO2 authorized account representative shall submit the petition to the Department under subsection 8.6.1 to determine whether the approval applies under this program.
8.2.4 Except as provided in subsection 8.2.1, the owner or operator of a CO2 budget unit shall comply with the following initial certification and recertification procedures for a continuous emissions monitoring system and an excepted monitoring system under appendix D of 40 CFR 75 and under subsection 8.1.1.1. The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology in 40 CFR 75.19 or that qualifies to use an alternative monitoring system under Subpart E of 40 CFR 75 shall comply with the procedures in subsections 8.5 and 8.6, respectively.
8.2.4.1Requirements for initial certification. The owner or operator shall ensure that each continuous emissions monitoring system required under subsection 8.1.1.1 (which includes the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR 75.20 by the applicable deadlines specified in subsection 8.1.2. In addition, whenever the owner or operator installs a monitoring system in order to meet the requirements in a location where no such monitoring system was previously installed, initial certification in accordance with 40 CFR 75.20 is required.
8.2.4.2Requirements for recertification.
8.2.4.2.1 Whenever the owner or operator makes a replacement, modification, or change in a certified continuous emissions monitoring system under subsection 8.1.1.1 that the Administrator or the Department determines significantly affects the ability of the system to accurately measure or record CO2 mass emissions or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or appendix B to 40 CFR 75, the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b).
8.2.4.2.2 For systems using stack measurements such as stack flow, stack moisture content, CO2 or O2 monitors, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that the Administrator or the Department determines to significantly change the flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 CFR 75.20(b). Examples of changes which require recertification include: replacement of the analyzer, change in location or orientation of the sampling probe or site, or changing of flow rate monitor polynomial coefficients.
8.2.4.3Approval process for initial certifications and recertification. Subsections 8.2.4.3.1 through 8.2.4.3.4 apply to both initial certification and recertification of a monitoring system under subsection 8.1.1.1. For recertifications, replace the words "certification" and "initial certification" with the word "recertification," replace the word "certified" with "recertified," and proceed in the manner prescribed in 40 CFR 75.20(b)(5) and (g)(7) in lieu of subsection 8.2.4.3.5.
8.2.4.3.1Notification of certification. The CO2 authorized account representative shall submit to the Department or its agent, the appropriate EPA Regional Office and the Administrator a written notice of the dates of certification in accordance with subsection 8.4.
8.2.4.3.2Certification application. The CO2 authorized account representative shall submit to the Department or its agent a certification application for each monitoring system. A complete certification application shall include the information specified in 40 CFR 75.63.
8.2.4.3.3Provisional certification data. The provisional certification date for a monitor shall be determined in accordance with 40 CFR 75.20(a)(3). A provisionally certified monitor may be used under the CO2 budget Trading Program for a period not to exceed 120 days after receipt by the Department of the complete certification application for the monitoring system or component thereof under subsection 8.2.4.3.2. Data measured and recorded by the provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 CFR 75, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the Department does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of receipt of the complete certification application by the Department.
8.2.4.3.4Certification application approval process. The Department will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under subsection 8.2.4.3.2. In the event the Department does not issue such a notice within such 120-day period, each monitoring system which meets the applicable performance requirements of 40 CFR 75 and is included in the certification application will be deemed certified for use under the CO2 Budget Trading Program.
8.2.4.3.4.1Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR 75, then the Department will issue a written notice of approval of the certification application within 120 days of receipt.
8.2.4.3.4.2Incomplete application notice. If the certification application is not complete, then the Department will issue a written notice of incompleteness that sets a reasonable date by which the CO2 authorized account representative must submit the additional information required to complete the certification application. If the CO2 authorized account representative does not comply with the notice of incompleteness by the specified date, then the Department may issue a notice of disapproval under subsection 8.2.4.3.4.3. The 120 day review period shall not begin before receipt of a complete certification application
8.2.4.3.4.3Disapproval notice. If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of 40 CFR 75, or if the certification application is incomplete and the requirement for disapproval under subsection 8.2.4.3.4.2 is met, then the Department will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Department and the data measured and recorded by each uncertified monitoring system or component thereof shall not be considered valid quality assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in subsection 8.2.4.3.5 for each monitoring system or component thereof, which is disapproved for initial certification.
8.2.4.3.4.4Audit decertification. The Department may issue a notice of disapproval of the certification status of a monitor in accordance with subsection 8.3.2.
8.2.4.3.5Procedures for loss of certification. If the Department issues a notice of disapproval of a certification application under subsection 8.2.4.3.4.3 n or a notice of disapproval of certification status under subsection 8.2.4.3.4.4, then:
8.2.4.3.5.1 The owner or operator shall substitute the following values for each disapproved monitoring system, for each hour of unit operation during the period of invalid data beginning with the date and hour of provisional certification and continuing until the time, date, and hour specified under 40 CFR 75.20(a)(5)(i) or 40 CFR 75.20(g)(7):
8.2.4.3.5.1.1 For units using or intending to monitor for CO2 mass emissions using heat input or for units using the low mass emissions excepted methodology under 40 CFR 75.19, the maximum potential hourly heat input of the unit; or
8.2.4.3.5.1.2 For units intending to monitor for CO2 mass emissions using a CO2 pollutant concentration monitor and a flow monitor, the maximum potential concentration of CO2 and the maximum potential flow rate of the unit under section 2.1 of Appendix A of 40 CFR 75.
8.2.4.3.5.2 The CO2 authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subsections 8.2.4.3.1 and 8.2.4.3.2; and
8.2.4.3.5.3 The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Department's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
8.2.5Initial certification and recertification procedures for low mass emissions units using the excepted methodologies under subsection 8.1.3.2. The owner or operator of a unit qualified to use the low mass emissions excepted methodology under subsection 8.1.3.2 shall meet the applicable certification and recertification requirements of 40 CFR 75.19(a)(2), 40 CFR 75.20(h) and subsection 8.2. If the owner or operator of such a unit elects to certify a fuel flow meter system for heat input determinations, the owner or operator shall also meet the certification and recertification requirements in 40 CFR 75.20(g).
8.2.6Certification/recertification procedures for alternative monitoring systems. The CO2 authorized account of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator and, if applicable, the Department under Subpart E of 40 CFR 75 shall comply with the applicable notification and application procedures of 40 CFR 75.20(f).
8.3 Out-of-control periods.
8.3.1 Whenever any monitoring system fails to meet the quality assurance and quality control requirements or data validation requirements of 40 CFR 75, data shall be substituted using the applicable procedures in Subpart D or Appendix D of 40 CFR 75.
8.3.2Audit 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 subsection 8.2 or the applicable provisions of 40 CFR 75, 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 paragraph, 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 subsection 8.2 for each disapproved monitoring system.
8.4 Notifications.

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.

8.5 Recordkeeping and reporting.
8.5.1General provisions. The CO2 authorized account representative shall comply with all recordkeeping and reporting requirements in this regulation, the applicable record keeping and reporting requirements under 40 CFR 75.73 and with the requirements of subsection 2.1.5.
8.5.2Monitoring plans. The owner or operator of a CO2 budget unit shall submit a monitoring plan in the manner prescribed in 40 CFR 75.62.
8.5.3Certification 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 subsection 8.2 including the information required under 40 CFR 75.63 and 40 CFR 75.53(e) and (f).
8.5.4Quarterly reports. The CO2 authorized account representative shall submit quarterly reports, as follows:
8.5.4.1 The CO2 authorized account representative shall report the CO2 mass emissions 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:
8.5.4.1.1 for a unit that commences commercial operation before July 1, 2008, the calendar quarter covering January 1, 2009 through March 31, 2009; or
8.5.4.1.2 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 subsection 8.1.2 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.
8.5.4.2 The CO2 authorized account representative shall submit each quarterly report to the Department or its agent within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in Subpart H of 40 CFR 75 and 40 CFR 75.64. Quarterly reports shall be submitted for each CO2 budget unit (or group of units using a common stack), and shall include all of the data and information required in Subpart G of 40 CFR 75, except for opacity, NOx, and SO2 provisions.
8.5.4.3Compliance certification. The CO2 authorized account representative shall submit to the Department or its agent a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification shall state that:
8.5.4.3.1 The monitoring data submitted were recorded in accordance with the applicable requirements and 40 CFR 75, including the quality assurance procedures and specifications;
8.5.4.3.2 for a unit with add-on CO2 emissions controls and for all hours where data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emissions controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B of 40 CFR 75 and the substitute values do not systematically underestimate CO2 emissions; and
8.5.4.3.3 The CO2 concentration values substituted for missing data under Subpart D of 40 CFR 75 do not systematically underestimate CO2 emissions.
8.6 Petitions.
8.6.1 Except as provided in subsection 8.6.3, the CO2 authorized account representative of a CO2 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 75 . Application of an alternative to any requirement of 40 CFR 75 is in accordance with this regulation only to the extent that the petition is approved in writing by the Administrator, and subsequently approved in writing by the Department.
8.6.2 Petitions for a CO2 budget unit that is not subject to an Acid Rain emissions limitation.
8.6.2.1 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 and to the Department requesting approval to apply an alternative to any requirement of 40 CFR 75 . Application of an alternative to any requirement of 40 CFR 75 is in accordance with this regulation only to the extent that the petition is approved in writing by the Administrator and subsequently approved in writing by the Department.
8.6.2.2 In the event that the Administrator declines to review a petition under subsection 8.6.2.1, 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 Department requesting approval to apply an alternative to any requirement of Section 8.0. That petition shall contain all of the relevant information specified in 40 CFR 75.66. Application of an alternative to any requirement of Section 8.0 is in accordance with Section 8.0 only to the extent that the petition is approved in writing by the Department.
8.6.3 The CO2 authorized account representative of a CO2 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 a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 or a CO2 concentration CEMS used under 40 CFR 75.71(a)(2). Application of an alternative to any such requirement is in accordance with this regulation only to the extent the petition is approved in writing by the Administrator and subsequently approved in writing by the Department.
8.7 CO2 budget units that co-fire eligible biomass.
8.7.1 The CO2 authorized account representative of a CO2 budget unit that co-fires eligible biomass as a compliance mechanism under this regulation shall report the following information to the Department or its agent for each calendar quarter:
8.7.1.1 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.
8.7.1.2 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.
8.7.1.3 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.
8.7.1.4 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.
8.7.1.5 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.
8.7.1.6 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.
8.7.1.7 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.
8.7.1.8 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 subsection 8.7.2.
8.7.1.9 The total amount of CO2 emitted from the CO2 budget unit due to firing eligible biomass fuel, in tons, calculated in accordance with subsection 8.7.3.
8.7.1.10 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 subsection 8.7.4.1.
8.7.1.11 The total amount of heat input to the CO2 budget unit due to firing eligible biomass fuel, in MMBtu, calculated in accordance with subsection 8.7.4.2.
8.7.1.12 Description and documentation of monitoring technology employed, and description and documentation of fuel sampling methodology employed, including sampling frequency; and,
8.7.1.13 For each distinct type of eligible biomass fuel fired at the CO2 budget unit, chemical analysis, including heating value and carbon content.
8.7.2 An owner or operator of a CO2 budget unit shall calculate and submit to the Department or its agent on a quarterly basis the total dry weight for each distinct type of eligible biomass fired by the CO2 budget unit during the reporting quarter. The total dry weight shall be determined for each fuel type as follows:
8.7.2.1 For solid fuel types:

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Where:

Fj = Total eligible biomass dry basis fuel input (lbs) for fuel type j;

Fi = Eligible biomass as fired fuel input (lbs) for fired shipment i;

Mi = Moisture content (fraction) for fired shipment i;

i = fired fuel shipment;

j = fuel type; and,

m = number of shipments.

8.7.2.2 For gaseous fuel types:

Fj = Dj x Vj x (1 - Mj)

Where:

Fj = Total eligible biomass dry basis fuel input (lbs) for fuel type j;

Dj = Density of biogas (lbs/scf) for fuel type j;

Vj = Total volume (scf) for fuel type j;

Mj = Moisture content (fraction) for fuel type j,

j = fuel type.

8.7.3 CO2 emissions due to firing of eligible biomass shall be determined as follows:
8.7.3.1 For any full calendar quarter during which no fuel other than eligible biomass is combusted at the CO2 budget unit, as measured and recorded in accordance with subsections 8.1 through 8.6; or
8.7.3.2 For any full calendar quarter during which fuels other than eligible biomass are combusted at the CO2 budget unit, as determined using the following equation:

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Where:

CO2 tons = CO2 emissions due to firing of eligible biomass for the reporting quarter;

Fj = Total eligible biomass dry basis fuel input (lbs) for fuel type j, as calculated in subsection 8.7.2;

Cj = carbon fraction (dry basis) for fuel type j;

Oj = Oxidation factor for eligible biomass fuel type j, derived for solid fuels based on the ash content of the eligible biomass fired and the carbon content of this ash, as determined pursuant to subsection 8.7.1.12; for gaseous eligible biomass fuels, a default oxidation factor of 0.995 may be used;

44/12 = The number of tons of carbon dioxide that are created when one ton of carbon is combusted (44/12);

0.0005 = The number of short tons which is equal to one pound;

j = fuel type; and,

n = number of distinct fuel types.

8.7.4 Heat input due to firing of eligible biomass for each quarter shall be determined as follows:
8.7.4.1 For each distinct fuel type:

Hj = Fj x HHVj x 0.0005

Where:

Hj = Heat input (MMBtu) for fuel type j;

Fj = Total eligible biomass dry basis fuel input (lbs) for fuel type j, as calculated in subsection 8.7.2;

HHVj = Higher heating value (MMBtu/lb), dry basis, for fuel type j, as determined through chemical analysis;

j = fuel type.

8.7.4.2 For all fuel types:

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Where:

Hj = Heat input (MMBtu) for fuel type j;

j = fuel type; and,

n = number of distinct fuel types.

8.7.5 Fuel sampling methods and fuel sampling technology shall be consistent with the New York State Renewable Portfolio Standard Biomass Guidebook, September 2011.
8.8 Additional requirements to provide output data.
8.8.1 A CO2 budget unit that requires the use of information submitted to the Regional Transmission Organization (RTO) to document megawatt-hours (MWh) the CO2 budget unit produces shall submit to the Department or its agent the same MWh value submitted to the RTO and a statement certifying that the MWh of electrical output reported reflects the total actual electrical output for all CO2 budget units at the facility used by the RTO to determine settlement resources of energy market participants.
8.8.2 A CO2 budget unit that requires gross output to be used that also reports gross hourly MW to the Administrator, shall use the same electronic data report (EDR) gross output (in MW), as submitted to the Administrator, for the hour times operating time in the hour, added for all hours in a year. A CO2 budget unit that does not report gross hourly MW to the Administrator shall submit to the Department or its agent information in accordance with subsection 8.8.5.1.
8.8.3 A CO2 budget unit that requires net electrical output shall submit to the Department or its agent information in accordance with subsection 8.8.5.1. A CO2 budget source whose electrical output is not used in the RTO energy market settlement determinations shall propose to the Department a method for quantification of net electrical output.
8.8.4 CO2 budget sources selling steam should use billing meters to determine net steam output. A CO2 budget source whose steam output is not measured by billing meters or whose steam output is combined with output from a non-CO2 budget unit prior to measurement by the billing meter shall propose to the Department an alternative method for quantification of net steam output. If data for steam output is not available, the CO2 budget source may report heat input providing useful steam output as a surrogate for steam output.
8.8.5Monitoring. The owner or operator of each CO2 budget unit, in a state that requires the CO2 budget unit's net output, must meet the following requirements. Each CO2 budget source must submit an output monitoring plan. The output monitoring plan must include a description and diagram as stated below.
8.8.5.1 Submit a diagram of the electrical and/or steam system for which output is being monitored, specifically including the following.
8.8.5.1.1 If the CO2 budget unit monitors net electric output, the diagram should contain all CO2 budget units and all generators served by each CO2 budget unit and the relationship between CO2 budget units and generators. If a generator served by a CO2 budget unit is also served by a non-affected unit, the non-affected unit and its relationship to each generator should be indicated on the diagram as well. The diagram should indicate where the net electric output is measured and should include all electrical inputs and outputs to and from the plant. If net electric output is determined using a billing meter, the diagram should show each billing meter used to determine net sales of electricity and should show that all electricity measured at the point of sale is generated by the CO2 budget units.
8.8.5.1.2 If the CO2 budget unit monitors net thermal output, the diagram should include all steam or hot water coming into the net steam system, including steam from CO2 budget units and non-affected units, and all exit points of steam or hot water from the net steam system. In addition, each input and output stream will have an estimated temperature, pressure and phase indicator, and an enthalpy in Btu/lb. The diagram of the net steam system should identify all useful loads, house loads, parasitic loads, any other steam loads and all boiler feedwater returns. The diagram will represent all energy losses in the system as either usable or unusable losses. The diagram will also indicate all flow meters, temperature or pressure sensors or other equipment used to calculate gross thermal output. If a sales agreement is used to determine net thermal output, the diagram should show the monitoring equipment used to determine the sales of steam.
8.8.5.2 Submit a description of each output monitoring system. The description of the output monitoring system should include a written description of the output system and the equations used to calculate output. For net thermal output systems descriptions and justifications of each useful load should be included.
8.8.5.3 Submit a detailed description of all quality assurance/quality control activities that will be performed to maintain the output system in accordance with subsection 8.8.5.
8.8.5.4 Submit documentation supporting any output value(s) to be used as a missing data value should there be periods of invalid output data. The missing data output value must be either zero or an output value that is likely to be lower than a measured value and that is approved as part of the monitoring plan required under this regulation.
8.8.6Initial certification. A certification statement must be submitted by the CO2 authorized account representative stating that either the output monitoring system consists entirely of billing meters or that the output monitoring system meets one of the accuracy requirements for non-billing meters at subsection 8.8.4.2. This statement may be submitted with the certification application required under subsection 8.5.3.
8.8.6.1Billing meters. The billing meter must record the electric or thermal output. Any electric or thermal output values that the facility reports must be the same as the values used in billing for the output. Any output measurement equipment used as a billing meter in commercial transactions requires no additional certification or testing.
8.8.6.2Non-billing meters. For non-billing meters, the output monitoring system must either meet an accuracy of within 10% of the reference value, or each component monitor for the output system must meet an accuracy of within 3% of the full scale value, whichever is less stringent.
8.8.6.2.1System approach to accuracy. The system approach to accuracy must include a determination of how the system accuracy of 10% is achieved using the individual components in the system and should include data loggers and any watt-meters used to calculate the final net electric output data and/or any flow meters for steam or condensate, temperature measurement devices, absolute pressure measurement devices, and differential pressure devices used for measuring thermal energy.
8.8.6.2.2Component approach to accuracy. If testing a piece of output measurement equipment shows that the output readings are not accurate to within 3.0 percent of the full scale value, then the equipment should be repaired or replaced to meet that requirement. Data shall remain invalid until the output measurement equipment passes an accuracy test or is replaced with another piece of equipment that passes the accuracy test.
8.8.7Ongoing QA/QC. Ongoing quality assurance/quality control activities must be performed in order to maintain the output system.
8.8.7.1Billing meters. In the case where billing meters are used to determine output, no QA/QC activities beyond what are already performed are required.
8.8.7.2Non-billing meters. Certain types of equipment such as potential transformers, current transformers, nozzle and venturi type meters, and the primary element of an orifice plate only require an initial certification of calibration and do not require periodic recalibration unless the equipment is physically changed. However, the pressure and temperature transmitters accompanying an orifice plate will require periodic retesting. For other types of equipment, either recalibrate or re-verify the meter accuracy at least once every two years (i.e., every eight calendar quarters), unless a consensus standard allows for less frequent calibrations or accuracy tests. For non-billing meters, the output monitoring system must either meet an accuracy of within 10% of the reference value, or each component monitor for the output system must meet an accuracy of within 3% of the full scale value, whichever is less stringent. If testing a piece of output measurement equipment shows that the output readings are not accurate to within 3.0 percent of the full scale value, then the equipment should be repaired or replaced to meet that requirement.
8.8.7.3Out-of-control periods. If testing a piece of output measurement equipment shows that the output readings are not accurate to the certification value, data remain invalid until the output measurement equipment passes an accuracy test or is replaced with another piece of equipment that passes the accuracy test. All invalid data shall be replaced by either zero or an output value that is likely to be lower than a measured value and that is approved as part of the monitoring plan required under subsection 8.8.5.
8.8.8Recordkeeping and reporting.
8.8.8.1General provisions. The CO2 authorized account representative shall comply with all recordkeeping and reporting requirements in this regulation and with the requirements of subsections 1.5.5 and 2.1.5.
8.8.8.2Recordkeeping. Facilities shall retain data used to monitor, determine, or calculate net generation for ten years.
8.8.8.3 Annual reports. The CO2 authorized account representative shall submit annual output reports, as follows. The data must be sent both electronically and in hardcopy by March 1 for the immediately preceding calendar year to the Department or its agent. The annual report shall include unit level MWh, all useful steam output and a certification statement from the CO2 authorized account representative stating the following,

"I am authorized to make this submission on behalf of the owners and operators of the CO2 budget sources or CO2 budget units for which the submission is made. 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."

12/11/18

7 Del. Admin. Code § 1147-8.0

17 DE Reg. 644 (12/1/2013)
22 DE Reg. 511 (12/1/2018) (Final)