Section 250-RICR-120-05-46.7 - General RequirementsA. Carbon dioxide requirements1. The owners and operators of each CO2 budget source and each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions, under §46.12.5 of this Part, as of the CO2 allowance transfer deadline, as defined in § 46.5(A)(22) of this Part, in the source's compliance account in an amount not less than the total CO2 emissions for the control period from all CO2 budget units at the source, less the CO2 allowances deducted to meet the requirements, with respect to the previous interim control periods, as determined in accordance with §§ 46.12 through 46.14 of this Part.2. The owners and operators of each CO2 budget source and each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions, under §46.12.5 of this Part, as of the CO2 allowance transfer deadline, as defined in § 46.5(A)(22) of this Part, in the source's compliance account, in an amount not less than the total CO2 emissions, for the interim control period from all CO2 budget units at the source multiplied by 0.50, as determined in accordance with §§ 46.12 through 46.14 of this Part.3. Each ton of CO2 emitted in excess of the CO2 budget emissions limitation for a control period shall constitute a separate violation of this regulation and applicable State law.4. Each ton of excess interim emissions shall constitute a separate violation of this regulation and applicable State law.5. A CO2 budget unit shall be subject to the requirements under § 46.7(A)(1) of this Part starting January 1, 2009, or the date on which the unit commences operation, whichever is later.6. CO2 allowances shall be held in, deducted from, or transferred among CO2 Allowance Tracking System accounts in accordance with §§ 46.8, 46.11, and 46.12 of this Part.7. A CO2 allowance shall not be deducted, in order to comply with the requirements under § 46.7(A) of this Part, for a control period or interim control period that ends prior to the year for which the CO2 allowance was allocated. A CO2 offset allowance shall not be deducted, in order to comply with the requirements under § 46.7(A) of this Part, beyond the applicable percent limitations set out in §46.12.5(A)(1)(c) of this Part.8. A CO2 allowance under the CO2 Budget Trading Program is a limited authorization by the Department or a participating state to emit one ton of CO2 in accordance with the CO2 Budget Trading Program. No provision of the CO2 Budget Trading Program, the CO2 budget permit application, the CO2 budget permit or any provision of law shall be construed to limit the authority of the Department or a participating state to terminate or limit such authorization.9. A CO2 allowance under the CO2 Budget Trading Program does not constitute a property right.B. Excess emissions requirements 1. The owners and operators of a CO2 budget source that has excess emissions in any control period, or excess interim emissions for any interim control period shall:a. Forfeit the CO2 allowances required for deduction under §46.12.5(D)(1) of this Part; provided CO2 offset allowances may not be used to cover any part of such excess emissions; and b. Pay any fine, penalty, or assessment or comply with any other remedy imposed under §46.12.5(D)(2) of this Part.C. Recordkeeping and reporting requirements 1. Unless otherwise provided, the owners and operators of the CO2 budget source and each CO2 budget unit at the source shall keep on site at the source each of the following documents for a period of ten (10) years from the date the document is created. This period may be extended for cause, at any time prior to the end of ten (10) years, in writing by the Department. a. The account certificate of representation for the CO2 authorized account representative for the source and each CO2 budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with §46.9.5 of this Part, provided that the certificate and documents shall be retained on site at the source beyond such 10-year period until such documents are superseded because of the submission of a new account certificate of representation changing the CO2 authorized account representative.b. All emissions monitoring information, in accordance with §§ 46.13 and 46.14 of this Part and 40 C.F.R. § 75.57 incorporated in § 46.4(A) of this Part.c. Copies of all reports, compliance certifications, and other submissions and all records made or required under the CO2 Budget Trading Program.d. Copies of all documents used to complete a CO2 budget permit application and any other submission under the CO2 Budget Trading Program or to demonstrate compliance with the requirements of the CO2 Budget Trading Program.2. The CO2 authorized account representative of a CO2 budget source and each CO2 budget unit at the source shall submit the reports and compliance certifications required under the CO2 Budget Trading Program, including those under §§ 46.13 through 46.15 of this Part.D. Monitoring requirements1. The owners and operators, and to the extent applicable, the CO2 authorized account representative of each CO2 budget source and each CO2 budget unit at the source shall comply with the monitoring requirements of §§ 46.13 and 46.14 of this Part.E. Liability 1. No permit revision shall excuse any violation of the requirements of the CO2 Budget Trading Program that occurs prior to the date that the revision takes effect.2. Any provision of the CO2 Budget Trading Program that applies to a CO2 budget source (including a provision applicable to the CO2 authorized account representative of a CO2 budget source) shall also apply to the owners and operators of such source and of the CO2 budget units at the source.3. Any provision of the CO2 Budget Trading Program that applies to a CO2 budget unit (including a provision applicable to the CO2 authorized account representative of a CO2 budget unit) shall also apply to the owners and operators of such unit.4. Any person who negligently, willingly or knowingly violates any requirement or prohibition of the CO2 Budget Trading Program or a CO2 budget permit shall be subject to enforcement pursuant to applicable law.5. Any person who negligently, willingly or knowingly makes a false material statement in any record, submission, or report under the CO2 Budget Trading Program shall be subject to criminal enforcement pursuant to applicable law.6. Each CO2 budget source and each CO2 budget unit shall meet the requirements of the CO2 Budget Trading Program.F. Effect on other authorities 1. No provision of the CO2 Budget Trading Program, a CO2 budget permit application, or a CO2 budget permit, shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the CO2 authorized account representative of a CO2 budget source or CO2 budget unit from compliance with any other provision of any Air Pollution Control Regulation, the Rhode Island State Implementation Plan, a federally enforceable permit, or the Clean Air Act (42 U.S.C. § 7401).G. Computation of time 1. Unless otherwise stated, any time period scheduled, under the CO2 Budget Trading Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs.2. Unless otherwise stated, any time period scheduled, under the CO2 Budget Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.3. Unless otherwise stated, if the final day of any time period, under the CO2 Budget Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day.H. Indemnification 1. Any and all persons subject to these regulations agree to indemnify and hold the Department harmless in the event of any dispute over their authority to submit any information to the Department and over their appointment as an authorized account representative or an alternate account representative.250 R.I. Code R. 250-RICR-120-05-46.7
Amended effective 12/25/2018