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Subpart 238-4: Compliance Certification

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 19-0319, 70-0109; Energy Law, §§ 3-101, 3-103)

[Filed 3/28/05. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Air Quality Planning at (518) 402-8396 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§238-4.1 Compliance certification report

(a) Applicability and deadline. For each control period in which one or more SO2 budget units at a source are subject to the SO2 budget emissions limitation, the SO2 authorized account representative of the source shall submit to the department by the March 1st following the relevant control period, a compliance certification report for each source covering all such units.

(b) Contents of report. The SO2 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, concerning each unit at the source and subject to the SO2 budget emissions limitation for the control period covered by the report:

(1) identification of each SO2 budget unit;

(2) except in instances when the SO2 budget unit seeks to use future control period SO2 allowances which may be deducted pursuant to section 238-6.5(f) of this Part, at the SO2 authorized account representative's option, the serial numbers of the SO2 allowances that are to be deducted from each unit's compliance account under section 238-6.5 of this Part for the control period;

(3) at the SO2 authorized account representative's option, for units sharing a common stack and having SO2 emissions that are not monitored separately or apportioned in accordance with Subpart 238-8 of this Part, the percentage of SO2 allowances that is to be deducted from each unit's compliance account under section 238-6.5(e) of this Part;

(4) for units using future control period allowances for compliance purposes pursuant to section 238-6.5(f) of this Part, the statement of intent and report required under section 238-6.5(f)(2) of this Part; and

(5) the compliance certification under subdivision (c) of this section.

(c) Compliance certification. In the compliance certification report under subdivision (a) of this section, the SO2 authorized account representative shall certify, based on reasonable inquiry of those persons with primary responsibility for operating the source and the SO2 budget units at the source in compliance with the ADR SO2 Budget Trading Program, whether each SO2 budget unit for which the compliance certification is submitted was operated during the calendar year covered by the report in compliance with the requirements of the ADR SO2 Budget Trading Program applicable to the unit, including:

(1) whether the unit was operated in compliance with the SO2 budget emissions limitation;

(2) whether the monitoring plan that governs the unit has been maintained to reflect the actual operation and monitoring of the unit, and contains all information necessary to attribute SO2 emissions to the unit, in accordance with Subpart 238-8 of this Part;

(3) whether all the SO2 emissions from the unit, or a group of units (including the unit) using a common stack, were monitored or accounted for through the missing data procedures and reported in the quarterly monitoring reports, including whether conditional data were reported in the quarterly reports in accordance with Subpart 238-8 of this Part. If conditional data were reported, the owner or operator shall indicate whether the status of all conditional data has been resolved and all necessary quarterly report resubmissions have been made;

(4) whether the facts that form the basis for certification under Subpart 238-8 of this Part of each monitor at the unit or a group of units (including the unit) using a common stack, or for using an excepted monitoring method or alternative monitoring method approved under Subpart 238-8 of this Part, if any, has changed; and

(5) if a change is required to be reported under paragraph (4) of this subdivision, specify the nature of the change, the reason for the change, when the change occurred, and how the unit's compliance status was determined subsequent to the change, including what method was used to determine emissions when a change mandated the need for monitor recertification.

§238-4.2 Department's action on compliance certifications

(a) The department or its agent may review and conduct independent audits concerning any compliance certification or any other submission under the ADR SO2 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 SO2 allowances from or transfer SO2 allowances to a unit's compliance account or a source's overdraft account based on the information in the compliance certifications or other submissions, as adjusted under subdivision (a) of this section.