&ER& United States Environmental Protection Agency Air and Radiation (ANR-445) 400/1-91/034 December 1991 Allowance System Proposed Acid Rain Rule The U.S. Environmental Protection Agency (EPA) has proposed four rules containing the core acid rain requirements: the Per- mits Rule (40 CFR Part 72), the Allowance System Rule (40 CFR Part 73), the Continuous Emission Monitoring Rule (40 CFR Part 75), and the Excess Emissions Rule (40 CFR Part 77). EPA will also propose additional rules at a future date. These rules will include requirements for facilities that elect to opt in to the Acid Rain Program (40 CFR Part 74) and for the nitrogen oxide (NOX) control program (40 CFR Part 76. This fact sheet summarizes the key components of EPA's proposed Allowance System Rule (40 CFR Part 73). T TnderTitlelVoftheCleanAirAct LJ Amendments of 1990, Congress authorized the US. Environmental t^rotection Agency (EPA) to establish } Acid Rain Program. The overall goal of this program is to significant- ly reduce sulfur dioxide (SC>2) and nitrogen oxide (NO\) emissions, the precursors of acid rain. To achieve this goal at the lowest cost, the program will employ both tradition- al and innovative, market-based ap- proaches for controlling air pollution. In addition, the program will encourage energy conservation and promote pollution prevention. The legislation sets as its primary goal the reduction of annual SO2 emissions by 10 million tons below 1980 levels. To achieve these SC>2 reductions, the law requires a two- phase tightening of the restrictions placed on fossil fuel-fired power plants. Phase I begins in 1995 and affects 110 mostly coal-burning electric utility plants located in 21 eastern and midwestern states. Phase n, which begins in the year 2000, ^htens the annual emissions limits trfiposed on these large higher emit- ting plants and also sets restrictions on smaller and cleaner plants fired by coal, oil, and gas. All existing utility units with an output capacity of 25 megawatts or greater and all new utility units will be affected in Phase n. In addition, other sources of SC>2 (such as in- dustrial facilities) may elect to par- ticipate in the Acid Rain SO2 Program by opting in. The program will employ both traditional and innovative, market-based approaches for controlling air pollution. The Act also calls for a 2-million ton reduction in NOX emissions by the year 2000. A significant portion of this reduction will be achieved by coal-fired utility boilers, which will be required to install low-NOx burner technologies and meet new emissions requirements. These requirements will also be implemented in two phases. For Phase I, EPA will establish emis- sions limitations for two types of utility boilers (tangentially fired and dry bottom, wall-fired boilers). For Phase II, regulations for all other types of coal-fired boilers will be issued by 1997, and must be met beginning in the year 2000 by all units not subject to the Phase INOX limits. Regulations for tangentially fired and dry bottom, wall-fired boilers not covered in Phase I may be tightened at this time. The innovative, market-based SO2 allowance trading component of the Acid Rain Program allows utilities to adopt the most cost- effective strategy to reduce SO2 emissions at units in their system. The Acid Rain Program operating permit spells out the specific program requirements and com- pliance options chosen by each source. Affected utilities also will be required to install systems that continuously monitor emissions of SO2, NOX, and other related pol- lutants in order to track progress, ensure compliance, and provide credibility to the trading program. In any year that compliance is not achieved, excess emissions penal- ties will apply, and sources will be Printed on Recycled Paper. ------- required to submit a plan to EPA that specifies how the excess SO2 emissions will be offset. Introduction Allowance trading is the centerpiece of EPA's Acid Rain Program, and allowances are the currency with which com- pliance with the acid rain require- ments is achieved. The Acid Rain Allowance System Rule sets forth the requirements for allocation, transfer, and tracking of allowances and establishes the procedures for obtaining additional allowances from three reserves administered by EPA. EPA's role in allowance trading is to ensure compliance, and the Allowance System Rule reflects that emphasis. Through the market-based allowance trading system, affected utilities, rather than a governing agency, decide the most costeffective way to use avail- able resources to comply with the acid rain requirements of the Clean Air Act. In addition, this system provides incentives for energy con- servation and technology innova- tion that can both lower the cost of compliance and yield pollution prevention benefits. What Are Allowances? An allowance authorizes a unit within a utility or industrial source to emit one ton of SO2 during or following a given year. At the end of each year, the unit must hold an amount of allowances at least equal to its annual emissions, i.e., a unit that emits 5,000 tons of SO2 must hold at least 5,000 allowances. How Are Allowances Allocated? EPA will allocate allowances annually, beginning in 1995. In Phase I, EPA will allocate allow- ances to each unit based on a 2.5 Ibs/mmBtu (million British ther- mal unit) emission rate, multiplied by the unit's "baseline," the average fossil fuel consumed during 1985 through 1987. These allowance allocations are listed in Table A of the Clean Air Act. However, alternative or additional allowance allocations will be made for various units, including af- fected units in Illinois, Indiana, and Ohio, which will be allocated a pro rata share of 200,000 additional allowances each year from 1995 to 1999. In Phase II, the limits imposed on Phase I plants will be tightened and emissions limits will also be im- posed on smaller, cleaner units. Allowance allocation calculations will be made for various types of units, such as coal- and gas-fired units with low and high emissions rates or low fuel consumption. During Phase II, the Act places a cap on the number of allowances issued to units each year at 8.95 million. This effectively caps emis- sions and ensures that the man- dated emissions reductions will be maintained over time. In addition, bonus allowances will be allocated to units in high- growth states; certain municipally owned power plants; states with overall utility emissions rates at or below 0.8 Ibs/mmBtu; units with actual 1985 rates below 2.5 Ibs/mmBtu and capacity factors less than 60 percent; and units that converted to coal between 1980 and 1985 and that are located in states with more than a 30-million kilowatt installed electrical generating capacity. How Else Can Allowances Be Obtained? Tn addition to annual allocations, JLallowances are also available in three EPA reserves. In Phase I, units that apply for and are issued per- mits to emit at higher levels in 1995 and 1996 will be allocated extra allowances from the Phase I Reserve to cover their additional SOz emissions during that time. These units will be allocated allowances for using a "qualifying Phase I technology" (a technology that can be demonstrated to remove at least 90 percent of the unit's SO2 emissions) or for reassigning their reduction requirements among other units employing such a tech- nology. A second reserve provides allowances as incentives for units achieving SOz emissions reduc- tions through demand-side, ener conservation measures or r able energy generation; the third reserve contains allowances set aside for special auctions and sales (see Figures 1 and 2). Units that begin operating in 1996 and afterward will not be allo- cated allowances. Instead they will have to purchase allowances to cover their SC»2 emissions. How Are Allowances Used? TPhe allowance is a fully JL marketable commodity. Once allocated, allowances may be bought, sold, traded, or banked for use in future years. Allowances may not be used prior to the calen- dar year for which they are allo- cated. A unit with allowances that do not cover its emissions has a num- ber of options. The unit may ob additional allowances by: • Transferring allowances from other units within its utility system. • Buying allowances on the open market from another utility anywhere in the country that may have exceeded its control requirements, and, thus, has allowances to spare. • Buying allowances from an in- dustrial plant or unaffected utility unit that elects to opt in to the allowance system. • Buying allowances through the EPA Auctions and Sales Programs (see Figure 2). Alternatively, a unit may choose to reduce its emissions, thereby reducing the number of allowances needed. Emissions reduction options include employing energy conservation measures, increasing reliance rene.wable energy, reduci utilization, employing pollution ------- EPA will set aside a reserve of 300,000 allowances for utilities employing qualifying demand-side energy conserva- tion measures at their customer's facilities or residences or for those relying on renewable energy generation technologies, such as biomass, solar, geothermal, or wind. This reserve will be established by reducing Phase II allocations by 30,000 allowances annually for 10 years, from 2000 to 2009. The allowances from the Energy Conservation and Renewable Energy Reserve will be awarded annually in two categories: (1) for savings obtained through energy conservation measures and (2) for savings obtained through renewable energy generation. The number of allowances awarded per applicant will be equal to the tons of SOz emissions the utility is^ assumed to avoid by employing the new measures. (The formulas used to calculate this amount for both energy conservation and renewable energy are reflected in the statute and rule.) To be eligible for receiving allowances from the reserve in either category, an applicant must: • Sell electricity. • Own or operate, wholly or in part, an affected unit. • Pay for the qualifying energy conservation measures or renewable energy directly, or purchase it through another person. • Adopt and implement a "least cost plan" for meeting future needs at the lowest system cost. This plan, which must be reviewed by the regulatory commission, must consider all options relating to activities or technologies affecting energy use by customers and options employed by the utility. • Have an approved rate structure that mandates "net income neutrality," if applying for allowances for conservation measures. Net income neutrality means that the utility's rate structure is such that it makes as much money on energy saved as on energy sold. The rate tariff will be certified by the Department of Energy. This provision ensures that utilities are not harmed financially by conservation investments. To apply for allowances from the reserve, a certifying official for the utility must complete the Application for Conservation and Renewable Energy Reserve Allowances. A certifying official may be an officer, partner, or proprietor who performs the principal business function for the utility. The application includes, among other things: • A description of the energy conservation measures implemented and/or the renewable energy generation sources , used. • A verification of energy savings or renewable energy used based on state or federal protocols. • A calculation of the allowances to be allocated. Utilities may begin applying for allowances from the reserve on January 1,1993, and may continue to apply until all 300,000 allowances have been allocated or until the year 2010, when the reserve will be terminated. EPA will grant allowances on a first-come, first-served basis starting in 1995 for activities initiated after January 1, 1992. To ensure that the reserve will not be depleted solely in either the energy conservation or renewable energy category, EPA will review the distribution after 240,000 of the 300,000 allowances have been awarded or by February 1,1998, whichever comes first. If it appears that fewer than 60,000 allowances will be distributed to either category, EPA will place a share of the remaining allowances into a subaccount for whichever category has not been sufficiently tapped. controltechnologies,switchingto lower sulfur fuel, or developing other alternate strategies. Units that reduce their emissions below the number of allowances they hold may trade allowances with other units in their system, sell themtootherutilitiesforaprofiton the open market or through EPA auctions, or bank them to cover emissionsinfutureyears. (A unit holding excess allowances for a given year, however, is never en- itled to exceed National Ambient ir Quality Standard Limits.) Who May Participate in Allowance Trading? nphe primary participants in JL allowance trading are officials designated and authorized to rep- resent the owners and operators of electric utility plants that emit SOz. In addition, industrial plants and otherwise unaffected utility units that emit SO2 may elect to opt in to the program to take advantage of the potential economic benefits of trading allowances on the open market. Allowances may be bought, sold, and traded by any individual, corporation, or govern- ing body, including brokers, municipalities, environmental groups, and private citizens. Other potential participants are utility power pools, or groups of units choosing to aggregate some or all of the allowances allocated to the in- dividual units within the pool. Even though the allowance trading system is based on unit-by-unit compliance, allowance pools can be created and operated. The par- ties involved in the pool determine the details of these allowance pool- ing arrangements. ------- To stimulate the market in allowance trading and establish a market price for allowances early on, EPA will set aside a Special Allowance Reserve for public auctions and sales. This reserve will consist of 2.8 percent of the total annual allowances that would otherwise be allocated to existing units. Allowances offered for auction or sale will be divided between spot allowances, which can be used in the year they are bought (except for allowances purchased in spot auctions before 1995, which cannot be used for compliance until 1995), and advance allowances, which cannot be used until 7 years after they are bought. EPA will hold spot and advance auctions for allowances starting no later than March 31 of each year. To participate in the auction, bidders will send EPA sealed bids specifying the number of allowances they would like to buy and their stated price. There will be no minimum price. After all of the allowances in the EPA reserve have been auctioned off, private allowance holders may offer their allowances for sale. These private holders must have their allowances recorded by EPA prior to the auction. Private holders may specify a minimum price. The auction results will be published in the Federal Register and the Commerce Business Daily. EPA will begin spot and advance sales no later than June 1 of each year and will continue until January 30 following that year, the last day on which allowances may be transferred. Spot sales will begin in 2000, and advance sales will begin in 1993, for use beginning in 2000. EPA will sell 25,000 allowances each year in advance sales from 1993 through 1999 and 50,000 allowances per year split among spot and advance sales beginning in 2000. The allowances will be sold on a first-come, first-served basis at $1,500 per allowance, with the price adjusted annually for inflation using the Consumer Price Index (CPI). Anyone can buy allowances in the direct sale, but independent power producers (IPPs) can obtain written guarantees from EPA stating that they will have first priority. These guarantees, which will be awarded on a first-come, first-served basis, secure the option for qualified IPPs to purchase a yearly amount of allowances for the life of a new unit. This provision enables IPPs to ensure lenders that they will have access to the allowances they need to build new units. To continue to hold a guarantee, however, an IPP must certify a continuing need. EPA may also terminate the guarantee if certain requirements are not fulfilled. What Is the System for Keeping Track of Allowances? EPA's role in allowance trading will be to record allowance transfers that will be used for com- pliance and to ensure at the end of the year that a unif s emissions do not exceed the number of allow- ances it holds. To accomplish this, EPA will establish an Allowance Tracking System (ATS) account for each affected unit and for any cor- poration, group, or individual hold- ing allowances. Parties must notify EPA to have transfers recorded in these ATS accounts, but it is not necessary to record all transfers with EPA until such time as the allow- ances are to be used to meet a unif s SO2 emissions limitation require- ment. For example, a broker buying an allowance for transfer to another party does not need to record this transaction with EPA. The ATS ac- counts will, however, be the official records for allowance holdings and transfers used for compliance pur- poses. To facilitate tracking and recording, EPA will assign every ac- count a unique identification num- ber and each allowance a unique serial number. EPA will establish accounts for existing units affected under both Phase I and Phase II by January 30, 1993. Each unit ac- count will consist of a compliance subaccount for allowances that may be used for compliance in the current year and separate future year subac- counts for allowances to be used in years to come. Each subac- count, current and future, would initially contain the number of allowances that the Clean Air Act authorizes EPA to allocate to the unit for each year. Future subaccounts will be kept for each of the 30 calendar years after 1995, when Phase I begins, or for 30 years following the cur- rent year, whichever is later. After accounts have been estab- lished for affected units, any person or group, including brokers and in- vestors, wishing to purchase allowances may open an ATS ac- count. To open a non-unit ATS ac- count, the interested parties must submit the proper form (discussed below) to EPA. Non-unit accounts also include subaccounts for the current year and for 30 years into the future. What Information Is Contained in ATS Accounts? T7ach ATS account will include: • The name, address, phone number, and fax number of the authorized account repre- sentative. • The serial numbers of all allowances in the compliance subaccounts and future subac- counts. • For unit accounts, the current total tonnage of reporting emissions for the year to date. In addition, a list of all allowance transfers to or from the account may be included. Any in- formation in the ATS accounts is available to the public. Initially, the information will be available in written form, but EPA plans develop a system of electronic acc to reduce paperwork and to facilitate easy access to the material. ------- Who Notifies EPA of Allowance Transactions? A 11 correspondence with EPA jtxconcerning the transfer of allowances among and between ac- counts must be performed by authorized account repre- sentatives. For a unit account, the designated representative, who represents the owners and operators of that unit, performs that function. (Requirements and responsibilities of designated rep- resentatives are covered in the Permits Rule). For a non-unit account, the authorized account representative is the individual who signs and submits the New Account/New Authorized Account Repre- sentative Form to EPA to open the account. The certificate of repre- sentation that accompanies this form must list all owners of the ac- count and include a statement cer- tifying that the representative was selected by an agreement among all of the owners and has the necessary authority to carry out his or her responsibilities. The use of an authorized account representative for both unit and non-unit accounts ensures that EPA will receive information and in- structions concerning transfers from a reliable person for each ac- count. This will allow transfers to be completed efficiently and without the need for secondary confirmation. How Are Allowance Transfers Submitted? HPhe authorized account repre- JL sentative submits to EPA a re- quest to record the exchange of allowances from one account to another. There is no time limit for notifying EPA of the transfer; however, until EPA records the allowances, they are not available for use toward meeting the end-of- year emissions requirements. The request to record an allowance transaction is made on an SOz Allowance Transfer Form. Transfer information required on the form includes: • The identification numbers of the transferor's and the transferee's accounts. • The serial number of each allowance to be transferred. • Signatures of the authorized account representatives of both the transferor's and transferee's accounts. • Where the transferee does not have an account in the Allowance Tracking System, information necessary (includ- ing the proper form) for estab- lishing a new account. • Where the transferor is a unit account, certification that the unit will meet its annual emis- sions requirement without the allowances being transferred. If EPA determines the transfer request to be valid, the allowance transaction will be recorded within 5 business days of receipt of the transfer form. Within 5 business days of recording the transfer or rejecting it as invalid, EPA will notify the transferor and transferee either that the transfer has been completed or that it has been deter- mined to be invalid. How Will Compliance Be Determined? A t the end of the year, units must jcVhold allowances equal to the amount of SOz emitted during that year. By January 30, units must finalize allowance transactions and submit them to EPA for recordation to cover their emissions for the pre- vious year. The amount of emis- sions will be determined by monitoring equipment that must be installed by all units participat- ing in allowance trading (see the Continuous Emission Monitoring Rule). After the January 30 deadline, EPA will deduct allowances from each unit's compliance subaccount in an amount equal to its SO2 emis- sions for that year. If the unit's emissions did not exceed its allowances, the remaining allowances will be carried forward, or "banked," into the next year's subaccount. If a unit's emissions did exceed its allowances, the unit must pay a penalty and submit a plan to EPA detailing how these ex- cess emissions will be offset the fol- lowing year (see the Excess Emissions Rule). Unless otherwise provided in the offset plan, EPA will deduct allowances from the account in an amount equal to the excess emissions. Since allowances that have been traded or purchased by a unit may have differing accounting values, EPA will give units the option of choosing which allowances will be deducted by submitting an SOi Allowance Deduction Form. If the unit does not submit this form by the January 30 deadline, EPA will deduct allowances on a f irst-in, first- out basis. Figure 3 presents important dates for those participating in the allowance system. Figure 4 is the rulemaking schedule for develop- ing the allowance system. For More Information T7or more information, write to: U.S. EPA Office of Air and Radiation Acid Rain Division (ANR-445) Washington, DC 20460 If you would like to receive other fact sheets in this series, call the Acid Rain Hotline at (617) 641-5377 or the EPA Public Information Center (PIC) at 202-260-2080. Fact sheets are available on the following subjects: • Continuous Emission Monitoring • Environmental Benefits • Excess Emissions • Permits • Proposed Acid Rain Rules ------- Action Allowance Tracking System accounts established for affected units in both Phase I and Phase II Allowance trading and submittal of transfers to EPA for recordation begins Allocation of allowances from Conservation and Renewable Energy Reserve begins Applicants for IPP guarantees for direct sales must apply for financing to construct new units EPA Spot and Advance Auctions begin EPA Advance Sales begin EPA Auction Allowances are first usable EPA Sales Allowances are first usable EPA Spot Sales begin EPA may terminate direct sales EPA may terminate auctions Conservation and Renewable Energy Reserve terminates Date No later than January 30,1993 January 1,1993 No earlier than January 1,1993 No later than date of first 1993 auction No later than March 31,1993 No later than June 1,1993 CY1995 CY2000 No later than June 1,2000 No earlier than February 1, 2002 No earlier than January 1, 2005 No later than January 2, 2010 E Subpart A: Background B: Allocation C: Tracking D: Transfers E: Auction and Sales F: Conservation and Renewable Energy Reserve G: Small Diesel Refineries ^?J!B5)& Ml5MM;Itf^§55@8^ Proposed Rule (Date Published) December 1991 March 1992 December 1991 December 1991 May 1991 December 1991 March 1992 Final Rule (Target Date for Publication) May 1992 December 1992 May 1992 May 1992 December 1991 May 1992 December 1992 ------- |