30 Tex. Admin. Code § 101.506 - Clean Air Interstate Rule Oxides of Nitrogen Allowance Allocations
(a) For units commencing operation before
January 1, 2001:
(1) for each control period
in 2009 - 2017, the baseline heat input, in million British thermal units
(MMBtu), is the average of the three highest amounts of the unit's adjusted
control period heat input for 2000 - 2004 with the adjusted control period heat
input for each year calculated as follows:
(A)
if the unit is coal-fired during the year, the unit's control period heat input
for such year is multiplied by 90%;
(B) if the unit is natural gas-fired during
the year, the unit's control period heat input for such year is multiplied by
50%; and
(C) if the unit is not
subject to subparagraph (A) or (B) of this paragraph, the unit's control period
heat input for such year is multiplied by 30%.
(2) for the 2018 control period and for the
control period beginning every five years thereafter, the baseline heat input
must be adjusted to reflect the average of the three highest amounts of the
unit's adjusted control period heat input from control periods one through five
of the preceding nine control periods with the adjusted control period heat
input for each year calculated as follows:
(A)
if the unit is coal-fired during the year, the unit's control period heat input
for such year is multiplied by 90%;
(B) if the unit is natural gas-fired during
the year, the unit's control period heat input for such year is multiplied by
50%; and
(C) if the unit is not
subject to subparagraph (A) or (B) of this paragraph, the unit's control period
heat input for such year is multiplied by 30%.
(b) For units commencing operation on or
after January 1, 2001:
(1) for each control
period in 2009 - 2014, Clean Air Interstate Rule (CAIR) oxides of nitrogen
(NOX) allowances must be allocated from the new unit
set-aside identified under §
101.503(b) of
this title (relating to Clean Air Interstate Rule Oxides of Nitrogen Annual
Trading Budget) and determined in accordance with subsection (d) of this
section;
(2) for the 2015, 2016,
and 2017 control periods, for units operating each calendar year during a
period of five or more consecutive years, the baseline heat input is the
average of the three highest amounts of the unit's total converted control
period heat input over the first such five years. The converted control period
heat input for each year is calculated as follows:
(A) except as provided in subparagraph (B) or
(C) of this paragraph, the converted control period heat input equals the
control period gross electrical output of the generator or generators served by
the unit multiplied by 7,900 British thermal units per kilowatt-hour (Btu/kWh),
if the unit is coal-fired for the year, or 6,675 Btu/kWh, if the unit is not
coal-fired for the year, and divided by 1,000,000 Btu/MMBtu. If a generator is
served by two or more units, then the gross electrical output of the generator
must be attributed to each unit in proportion to the unit's share of the total
control period heat input of such units for the year;
(B) for a unit that is a boiler and has
equipment used to produce electricity and useful thermal energy for industrial,
commercial, heating, or cooling purposes through the sequential use of energy,
the converted heat input is the total heat energy (in Btu) of the steam
produced by the boiler during the control period, divided by 0.8 and converted
to MMBtu by dividing by 1,000,000 Btu/MMBtu; or
(C) for a unit that is a combustion turbine
and has equipment used to produce electricity and useful thermal energy for
industrial, commercial, heating, or cooling purposes through the sequential use
of energy, the converted heat input is determined using the equation in the
following figure.
(3) for the 2018 control period and for the
control period beginning every five years thereafter, for units operating each
calendar year during a period of five or more consecutive years, the baseline
heat input must be adjusted to reflect the average of the three highest amounts
of the unit's converted control period heat input from control periods one
through five of the preceding nine control periods. The converted control
period heat input for each year is calculated as follows:
(A) except as provided in subparagraph (B) or
(C) of this paragraph, the converted control period heat input equals the
control period gross electrical output of the generator or generators served by
the unit multiplied by 7,900 Btu/kWh, if the unit is coal-fired for the year,
or 6,675 Btu/kWh, if the unit is not coal-fired for the year, and divided by
1,000,000 Btu/MMBtu, provided that if a generator is served by two or more
units, then the gross electrical output of the generator must be attributed to
each unit in proportion to the unit's share of the total control period heat
input of such units for the year;
(B) for a unit that is a boiler and has
equipment used to produce electricity and useful thermal energy for industrial,
commercial, heating, or cooling purposes through the sequential use of energy,
the converted control period heat input equals the total heat energy (in Btu)
of the steam produced by the boiler during the control period, divided by 0.8
and converted to MMBtu by dividing by 1,000,000 Btu/MMBtu; or
(C) for a unit that is a combustion turbine
and has equipment used to produce electricity and useful thermal energy for
industrial, commercial, heating, or cooling purposes through the sequential use
of energy, the converted control period heat input is determined using the
equation in the following figure.
(c) For units with a baseline heat input
calculated under subsection (a) or (b)(2) or (3) of this section, CAIR
NOX allowances must be allocated according to the
equation in the following figure.
(d) For
units commencing operation on or after January 1, 2001, and that have not
established a baseline heat input in accordance with subsection (b)(2) or (3)
of this section, CAIR NOX allowances must be allocated
according to the following.
(1) Beginning with
the later of the control period in 2009 or the first control period after the
control period in which the CAIR NOX unit commences
commercial operation and until the first control period for which the unit is
allocated CAIR NOX allowances under subsection (c) of
this section, CAIR NOX allowances must be allocated from
the new unit set-aside identified under §
101.503(b) of
this title. For the first control period in which a CAIR
NOX unit commences commercial operation, such CAIR
NOX unit will not receive a CAIR
NOX allocation from the new unit set-aside.
(2) To receive a CAIR
NOX allowance allocation from the new unit set-aside,
the CAIR designated representative shall submit to the executive director a
written request on or before May 1 of the first control period for which the
CAIR NOX allowance allocation is requested and after the
date that the CAIR NOX unit commences commercial
operation.
(3) In a CAIR
NOX allowance allocation request under paragraph (2) of
this subsection, the amount of CAIR NOX allowances
requested for a control period must not exceed the CAIR
NOX unit's total tons of NOX
emissions reported to EPA for the calendar year immediately preceding such
control period.
(4) The executive
director shall review each CAIR NOX allowance allocation
request submitted in accordance with this subsection and shall allocate CAIR
NOX allowances for each control period as follows.
(A) The executive director shall accept a
CAIR NOX allowance allocation request only if the
request meets, or is adjusted as necessary to meet, the requirements of this
subsection.
(B) On or after May 1
of the control period, the executive director shall determine the sum of all
accepted CAIR NOX allowance allocation requests for the
control period.
(C) If the amount
of CAIR NOX allowances in the new unit set-aside for the
control period is greater than or equal to the sum under subparagraph (B) of
this paragraph, then the executive director shall allocate the full amount of
CAIR NOX allowances requested to each CAIR
NOX unit covered under a CAIR NOX
allowance allocation request that was accepted by the executive
director.
(D) If the amount of CAIR
NOX allowances in the new unit set-aside for the control
period is less than the sum under subparagraph (B) of this paragraph, then the
executive director shall allocate CAIR NOX allowances to
each CAIR NOX unit covered under a CAIR
NOX allowance allocation request accepted by the
executive director according to the equation in the following figure.
(E) The
executive director shall notify each CAIR designated representative who
submitted a CAIR NOX allowance allocation request of the
amount of CAIR NOX allowances, if any, allocated for the
control period to the CAIR NOX unit covered under the
request.
(e)
If, after completion of the procedures under subsection (d) of this section for
a control period, any unallocated CAIR NOX allowances
remain in the new unit set-aside for the control period, the executive director
shall allocate to each CAIR NOX unit receiving an
allocation under subsection (c) of this section an amount of CAIR
NOX allowances equal to the total amount of such
remaining unallocated CAIR NOX allowances, multiplied by
the unit's allocation under subsection (c) of this section, divided by 90.5% of
the NOX trading budget identified in §
101.503(a) of
this title, and rounded to the nearest whole allowance as
appropriate.
(f) A unit's control
period heat input, and a unit's status as coal-fired or natural gas-fired, for
a calendar year under subsection (a) of this section, and a unit's total tons
of NOX emissions during a calendar year under subsection
(d) of this section, must be determined in accordance with 40 Code of Federal
Regulations (CFR) Part 75, to the extent the unit was otherwise subject to the
requirements of 40 CFR Part 75 for the year, or must be based on the best
available data reported to the executive director for the unit, to the extent
the unit was not otherwise subject to the requirements of 40 CFR Part 75 for
the year.
(g) On or before the
latter of May 1, 2011, or May 1 of the control period immediately following a
unit's fifth consecutive year of commercial operation, the CAIR designated
representative of a unit establishing a baseline heat input in accordance with
subsection (b)(2) or (3) of this section shall submit, on a form specified by
the executive director, written certification of the gross electrical output of
the generator or generators served by the unit and the total heat energy of any
steam produced by the unit during the first five years of commercial
operation.
Notes
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