reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-14 - Objections Concerning the CAIR Designated Representative

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Once a complete certificate of
				representation under section 13 has been submitted and received, the Secretary
				and the Administrator will rely on the certificate of representation unless and
				until a superseding complete certificate of representation under section 13 is
				received by the Administrator.
14.2. Except as provided in subsections 12.1
				or 12.2, no objection or other communication submitted to the Secretary or the
				Administrator concerning the authorization, or any representation, action,
				inaction, or submission, of the CAIR designated representative will affect any
				representation, action, inaction, or submission of the CAIR designated
				representative or the finality of any decision or order by the Secretary or the
				Administrator under the CAIR NOX Annual Trading
				Program.
14.3. Neither the
				Secretary nor the Administrator will adjudicate any private legal dispute
				concerning the authorization or any representation, action, inaction, or
				submission of any CAIR designated representative, including private legal
				disputes concerning the proceeds of CAIR NOX Annual
				allowance transfers.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-15 - Delegation by CAIR Designated Representative and Alternate CAIR Designated Representative

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A
				CAIR designated representative may delegate, to one or more natural persons,
				his or her authority to make an electronic submission to the Administrator
				provided for or required under this rule.
15.2. An alternate CAIR designated
				representative may delegate, to one or more natural persons, his or her
				authority to make an electronic submission to the Administrator provided for or
				required under this rule.
15.3. In
				order to delegate authority to make an electronic submission to the
				Administrator in accordance with subsections 15.1 or 15.2, the CAIR designated
				representative or alternate CAIR designated representative, as appropriate,
				must submit to the Administrator a notice of delegation, in a format prescribed
				by the Administrator, that includes the following elements:
15.3.a. The name, address, e-mail address,
				telephone number, and facsimile transmission number (if any) of such CAIR
				designated representative or alternate CAIR designated
				representative;
15.3.b. The name,
				address, e-mail address, telephone number, and facsimile transmission number
				(if any) of each such natural person (referred to as an "agent");
15.3.c. For each such natural person, a list
				of the type or types of electronic submissions under subsections 15.1 or 15.2
				for which authority is delegated to him or her; and
15.3.d. The following certification
				statements by such CAIR designated representative or alternate CAIR designated
				representative:
15.3.d.1. "I agree that any
				electronic submission to the Administrator that is by an agent identified in
				this notice of delegation and of a type listed for such agent in this notice of
				delegation and that is made when I am a CAIR designated representative or
				alternate CAIR designated representative, as appropriate, and before this
				notice of delegation is superseded by another notice of delegation under
				subsection 15.4 shall be deemed to be an electronic submission by
				me."
15.3.d.2. "Until this notice
				of delegation is superseded by another notice of delegation under subsection
				15.4, I agree to maintain an e-mail account and to notify the Administrator
				immediately of any change in my e-mail address unless all delegation of
				authority by me under section 15 is terminated."
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-20 - General CAIR NO[X] Annual Trading Program Permit Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. For each CAIR
				NOX Annual source required to have a Title V operating
				permit, such permit must include a CAIR permit administered by the Secretary
				for the Title V operating permit or the federally enforceable permit as
				applicable. The CAIR portion of the Title V operating permit or other federally
				enforceable permit as applicable will be administered in accordance with
				45CSR30 and any other applicable rule, except as provided otherwise by section
				5 and sections 20 through 24.
20.2.
				Each CAIR permit will contain, with regard to the CAIR
				NOX Annual source and the CAIR
				NOX Annual units at the source covered by the CAIR
				permit, all applicable CAIR NOX Annual Trading Program
				requirements, CAIR NOX Ozone Season Trading Program
				requirements, and CAIR SO2 Trading Program requirements
				and will be a complete and separable portion of the Title V operating permit or
				other federally enforceable permit under subsection 20.1.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-21 - Submission of CAIR Permit Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Duty to apply. -- The CAIR designated
				representative of any CAIR NOX Annual source required to
				have a Title V operating permit will submit to the Secretary a complete CAIR
				permit application under section 22 for the source covering each CAIR
				NOX Annual unit at the source at least 18 months (or
				such lesser time provided by the Secretary) before the later of January 1, 2009
				or the date on which the CAIR NOX Annual unit commences
				commercial operation.
21.2. Duty to
				reapply. -- For a CAIR NOX Annual source required to
				have a Title V operating permit, the CAIR designated representative will submit
				a complete CAIR permit application under section 22 for the source covering
				each CAIR NOX Annual unit at the source to renew the
				CAIR permit in accordance with 45CSR30.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-22 - Information Requirements for CAIR Permit Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. A complete CAIR permit application will
				include the following elements concerning the CAIR NOX
				Annual source for which the application is submitted, in a format prescribed by
				the Secretary:
22.1.a. Identification of the
				CAIR NOX Annual source;
22.1.b. Identification of each CAIR
				NOX Annual unit at the CAIR NOX
				Annual source; and
22.1.c. The
				standard requirements under section 6.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-23 - CAIR Permit Contents and Term

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Each CAIR permit will contain, in a
				format prescribed by the Secretary, all elements required for a complete CAIR
				permit application under section 22.
23.2. Each CAIR permit is deemed to
				incorporate automatically the definitions of terms under section 2 and, upon
				recordation by the Administrator under sections 40 through 62, every
				allocation, transfer, or deduction of a CAIR NOX Annual
				allowance to or from the compliance account of the CAIR
				NOX Annual source covered by the permit.
23.3. The term of the CAIR permit will be set
				by the Secretary, as necessary to facilitate coordination of the renewal of the
				CAIR permit with issuance, revision, or renewal of the CAIR
				NOX Annual source's Title V operating permit or other
				federally enforceable permit as applicable.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-24 - CAIR Permit Revisions

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1.
				Except as provided in subsection 23.2, the Secretary will revise the CAIR
				permit, as necessary, in accordance with 45CSR30 or any other applicable rule
				addressing permit revisions.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-30 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-40 - CAIR NO[X] Annual Trading Budget

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1. The West Virginia CAIR
				NOX annual trading budget for allocations of CAIR
				NOX Annual allowances for the control periods of 2009
				through 2014 and 2015 and thereafter are respectively as follows:
CAIR NOX Annual
Trading Budget
2009-2014
2015 and thereafter
74,220 tons
61,850 tons
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-41 - Timing Requirements for CAIR NO[X] Annual Allowance Allocations

Current through Register Vol. XLI, No. 28, July 12, 2024
41.1. By October
				31, 2006, the Secretary will submit to the Administrator the CAIR
				NOX Annual allowance allocations, in a format prescribed
				by the Administrator and in accordance with subsections 42.1 and 42.2, for the
				control periods in 2009, 2010, 2011, 2012, 2013 and 2014.
41.2. By October 31, 2009 and October 31 of
				each year thereafter, the Secretary will submit to the Administrator the CAIR
				NOX Annual allowance allocations, in a format prescribed
				by the Administrator and in accordance with subsections 42.1 and 42.2, for the
				control period in the sixth year after the year of the applicable deadline for
				submission under this section.
41.3. By October 31, 2009 and October 31 of
				each year thereafter, the Secretary will submit to the Administrator the CAIR
				NOX Annual allowance allocations, in a format prescribed
				by the Administrator and in accordance with subsections 42.1, 42.3 and 42.4,
				for the control period in the year of the applicable deadline for submission
				under this section.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-42 - CAIR NO[X] Annual Allowance Allocations

Current through Register Vol. XLI, No. 28, July 12, 2024
42.1. Determination of baseline heat input.
				-- The baseline heat input (in mmBtu) used with respect to CAIR
				NOX Annual allowance allocations under subsection 42.2
				for each CAIR NOX Annual unit will be:
42.1.a. For units commencing operation before
				January 1, 2001, the average of the 3 highest amounts of the unit's adjusted
				control period heat input for 2000 through 2004, with the adjusted control
				period heat input for each year calculated as follows:
42.1.a.1. If the unit is coal-fired during
				the year, the unit's control period heat input for such year is multiplied by
				100 percent;
42.1.a.2. If the unit
				is oil-fired during the year, the unit's control period heat input for such
				year is multiplied by 60 percent; and
42.1.a.3. If the unit is not subject to
				paragraphs 42.1.a.1 or 42.1.a.2, the unit's control period heat input for such
				year is multiplied by 40 percent;
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-43 - Compliance Supplement Pool

Current through Register Vol. XLI, No. 28, July 12, 2024
43.1.
				In addition to the CAIR NOX Annual allowances allocated
				under section 42, the Secretary may allocate for the control period in 2009 up
				to 16,929 CAIR NOX Annual allowances to CAIR
				NOX Annual units in West Virginia.
43.2. For any CAIR NOX
				Annual unit in West Virginia whose average annual NOX
				emission rate for 2007 or 2008 is less than 0.25 lb/mmBtu and, if the unit is
				included in an Acid Rain Program NOX averaging plan
				under 40 CFR §76.11 for such year, whose NOX
				averaging plan has an actual weighted average NOX
				emission rate for such year equal or less than the actual weighted average
				NOX emission rate, for the year before such year
				achieves NOX emission reductions in 2007 or 2008, the
				CAIR designated representative of the unit may request early reduction credits,
				and allocation of CAIR NOX Annual allowances from the
				compliance supplement pool under subsection 43.1 for such early reduction
				credits, in accordance with the following:
43.2.a. The owners and operators of such CAIR
				NOX Annual unit will monitor and report the
				NOX emissions rate and the heat input of the unit in
				accordance with sections 70 through 75 in each control period for which early
				reduction credit is requested.
43.2.b. The CAIR designated representative of
				such CAIR NOX Annual unit will submit to the Secretary
				by May 1, 2009 a request, in a format specified by the Secretary, for
				allocation of an amount of CAIR NOX Annual allowances
				from the compliance supplement pool not exceeding the sum of the unit's heat
				input for the control period in 2007 multiplied by the difference (if greater
				than zero) between 0.25 lb/mmBtu and the units' NOX
				emission rate for the control period in 2007 plus the unit's heat input for the
				control period in 2008 multiplied by the difference (if greater than zero)
				between 0.25 lb/mmBtu and the units' NOX emission rate
				for the control period in 2008, determined in accordance with sections 70
				through 75 and with the sum divided by 2000 lb/ton and rounded to the nearest
				whole number of tons as appropriate.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-50 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-52 - Responsibilities of CAIR Authorized Account Representative

Current through Register Vol. XLI, No. 28, July 12, 2024
52.1. Following the establishment of a CAIR
				NOX Annual Allowance Tracking System account, all
				submissions to the Administrator pertaining to the account, including, but not
				limited to, submissions concerning the deduction or transfer of CAIR
				NOX Annual allowances in the account, will be made only
				by the CAIR authorized account representative for the account.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-53 - Recordation of CAIR NO[X] Annual Allowance Allocations

Current through Register Vol. XLI, No. 28, July 12, 2024
53.1. By September 30, 2007, the
				Administrator will record in the CAIR NOX Annual
				source's compliance account the CAIR NOX Annual
				allowances allocated for the CAIR NOX Annual units at
				the source, as submitted by the Secretary in accordance with subsection 41.1,
				for the control periods in 2009, 2010, 2011, 2012, 2013 and 2014.
53.2. By December 1, 2009, the Administrator
				will record in the CAIR NOX Annual source's compliance
				account the CAIR NOX Annual allowances allocated for the
				CAIR NOX Annual units at the source, as submitted by the
				Secretary in accordance with subsection 41.2, for the control period in
				2015.
53.3. By December 1, 2010 and
				December 1 of each year thereafter, the Administrator will record in the CAIR
				NOX Annual source's compliance account the CAIR
				NOX Annual allowances allocated for the CAIR
				NOX Annual units at the source, as submitted by the
				Secretary in accordance with subsection 41.2, for the control period in the
				sixth year after the year of the applicable deadline for recordation under this
				subsection.
53.4. By December 1,
				2009 and December 1 of each year thereafter, the Administrator will record in
				the CAIR NOX Annual source's compliance account the CAIR
				NOX Annual allowances allocated for the CAIR
				NOX Annual units at the source, as submitted by the
				Secretary in accordance with subsection 41.3, for the control period in the
				year of the applicable deadline for recordation under this
				subsection.
53.5. Serial numbers
				for allocated CAIR NOX Annual allowances. -- When
				recording the allocation of CAIR NOX Annual allowances
				for a CAIR NOX Annual unit in a compliance account, the
				Administrator will assign each CAIR NOX Annual allowance
				a unique identification number that will include digits identifying the year of
				the control period for which the CAIR NOX Annual
				allowance is allocated.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-54 - Compliance with CAIR NO[X] Emissions Limitation

Current through Register Vol. XLI, No. 28, July 12, 2024
54.1. Allowance transfer deadline. -- The
				CAIR NOX Annual allowances are available to be deducted
				for compliance with a source's CAIR NOX Annual emissions
				limitation for a control period in a given calendar year only if the CAIR
				NOX Annual allowances:
54.1.a. Were allocated for the control period
				in the year or a prior year; and
54.1.b. Are held in the compliance account as
				of the allowance transfer deadline for the control period or are transferred
				into the compliance account by a CAIR NOX Annual
				allowance transfer correctly submitted for recordation under sections 60 and 61
				by the allowance transfer deadline for the control period.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-55 - Banking

Current through Register Vol. XLI, No. 28, July 12, 2024
55.1. CAIR
				NOX Annual allowances may be banked for future use or
				transfer in a compliance account or a general account in accordance with
				subsection 55.2.
55.2. Any CAIR
				NOX Annual allowance that is held in a compliance
				account or a general account will remain in such account unless and until the
				CAIR NOX Annual allowance is deducted or transferred
				under sections 54, 56, or sections 60 through 62.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-56 - Account Error

Current through Register Vol. XLI, No. 28, July 12, 2024
56.1. The
				Administrator may, at his or her sole discretion and on his or her own motion,
				correct any error in any CAIR NOX Annual Allowance
				Tracking System account. Within 10 business days of making such correction, the
				Administrator will notify the CAIR authorized account representative for the
				account.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-57 - Closing of General Accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
57.1. The CAIR authorized account
				representative of a general account may submit to the Administrator a request
				to close the account, which must include a correctly submitted allowance
				transfer under sections 60 and 61 for any CAIR NOX
				Annual allowances in the account to one or more other CAIR
				NOX Annual Allowance Tracking System accounts.
57.2. If a general account has no allowance
				transfers in or out of the account for a 12-month period or longer and does not
				contain any CAIR NOX Annual allowances, the
				Administrator may notify the CAIR authorized account representative for the
				account that the account will be closed following 20 business days after the
				notice is sent. The account will be closed after the 20-day period unless,
				before the end of the 20-day period, the Administrator receives a correctly
				submitted transfer of CAIR NOX Annual allowances into
				the account under sections 60 and 61 or a statement submitted by the CAIR
				authorized account representative demonstrating to the satisfaction of the
				Administrator good cause as to why the account should not be closed.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-60 - Submission of CAIR NO[X] Annual Allowance Transfers

Current through Register Vol. XLI, No. 28, July 12, 2024
60.1. A CAIR authorized account
				representative seeking recordation of a CAIR NOX Annual
				allowance transfer will submit the transfer to the Administrator. To be
				considered correctly submitted, the CAIR NOX Annual
				allowance transfer must include the following elements, in a format specified
				by the Administrator:
60.1.a. The account
				numbers for both the transferor and transferee accounts;
60.1.b. The serial number of each CAIR
				NOX Annual allowance that is in the transferor account
				and is to be transferred; and
60.1.c. The name and signature of the CAIR
				authorized account representative of the transferor account and the date
				signed.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-61 - U.S. EPA Recordation

Current through Register Vol. XLI, No. 28, July 12, 2024
61.1.
				Within 5 business days (except as provided in subsection 61.2) of receiving a
				CAIR NOX Annual allowance transfer, the Administrator
				will record a CAIR NOX Annual allowance transfer by
				moving each CAIR NOX Annual allowance from the
				transferor account to the transferee account as specified by the request,
				provided that:
61.1.a. The transfer is
				correctly submitted under section 60; and
61.1.b. The transferor account includes each
				CAIR NOX Annual allowance identified by serial number in
				the transfer.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-62 - Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
62.1. Notification
				of recordation. -- Within 5 business days of recordation of a CAIR
				NOX Annual allowance transfer under section 61, the
				Administrator will notify the CAIR authorized account representatives of both
				the transferor and transferee accounts.
62.2. Notification of non-recordation.
				--Within 10 business days of receipt of a CAIR NOX
				Annual allowance transfer that fails to meet the requirements of subsection
				61.1, the Administrator will notify the CAIR authorized account representatives
				of both accounts subject to the transfer of:
62.2.a. A decision not to record the
				transfer; and
62.2.b. The reasons
				for such non-recordation.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-70 - General Monitoring and Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
The owners and operators, and to the extent applicable, the
				  CAIR designated representative of a CAIR NOX Annual
				  unit, must comply with the monitoring, recordkeeping and reporting requirements
				  as provided in sections 70 through 75 and Subpart H of 40 CFR Part 75. For
				  purposes of complying with such requirements, the definitions in section 2 and
				  in 40 CFR §72.2 will apply, and the terms "affected unit," "designated
				  representative," and "continuous emission monitoring system" (or "CEMS") in 40
				  CFR Part 75 will be deemed to refer to the terms "CAIR
				  NOX Annual unit," "CAIR designated representative," and
				  "continuous emission monitoring system" (or "CEMS") respectively, as defined in
				  section 2. The owner or operator of a unit that is not a CAIR
				  NOX Annual unit but that is monitored under 40 CFR
				  §75.72(b)(2)(ii) must comply with the same monitoring, recordkeeping and
				  reporting requirements as a CAIR NOX Annual unit.
70.1. Requirements for installation,
				certification and data accounting. -- The owner or operator of each CAIR
				NOX Annual unit will:
70.1.a. Install all monitoring systems
				required under sections 70 through 75 for monitoring NOX
				mass emissions and individual unit heat input (including all systems required
				to monitor NOX emission rate, NOX
				concentration, stack gas moisture content, stack gas flow rate,
				CO2 or O2 concentration, and fuel
				flow rate, as applicable, in accordance with 40 CFR §§75.71 and 75.72
				);
70.1.b. Successfully complete
				all certification tests required under section 71 and meet all other
				requirements of sections 70 through 75 and 40 CFR Part 75 applicable to the
				monitoring systems under subdivision 70.1.a; and
70.1.c. Record, report and quality-assure the
				data from the monitoring systems under subdivision 70.1.a.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-71 - Initial Certification and Recertification Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
71.1. The owner or operator of a CAIR
				NOX Annual unit will be exempt from the initial
				certification requirements of this section for a monitoring system under
				subdivision 70.1.a if the following conditions are met:
71.1.a. The monitoring system has been
				previously certified in accordance with 40 CFR Part 75; and
71.1.b. The applicable quality-assurance and
				quality-control requirements of 40 CFR §75.21 and Appendix B, Appendix D,
				and Appendix E to 40 CFR Part 75 are fully met for the certified monitoring
				system described in subdivision 71.1.a.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-72 - Out of Control Periods

Current through Register Vol. XLI, No. 28, July 12, 2024
72.1.
				Whenever any monitoring system fails to meet the quality-assurance and
				quality-control requirements or data validation requirements of 40 CFR Part 75,
				data must be substituted using the applicable missing data procedures in
				Subpart D or Subpart H of, or Appendix D or Appendix E to 40 CFR Part
				75.
72.2. Audit 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 section 71 or
				the applicable provisions of 40 CFR Part 75, both at the time of the initial
				certification or recertification application submission and at the time of the
				audit, the Secretary will issue a notice of disapproval of the certification
				status of such monitoring system. For the purposes of this subsection, an audit
				will be either a field audit or an audit of any information submitted to the
				Secretary or the Administrator. By issuing the notice of disapproval, the
				Secretary or the Administrator revokes prospectively the certification status
				of the monitoring system. The data measured and recorded by the monitoring
				system will 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 must follow the applicable initial certification or recertification
				procedures in section 71 for each disapproved monitoring system.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-73 - Notifications

Current through Register Vol. XLI, No. 28, July 12, 2024
73.1. The CAIR
				designated representative for a CAIR NOX Annual unit
				will submit written notice to the Secretary and the Administrator in accordance
				with 40 CFR §75.61.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-74 - Recordkeeping and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
74.1.
				General provisions. -- The CAIR designated representative must comply with all
				recordkeeping and reporting requirements under this section, the applicable
				recordkeeping and reporting requirements under 40 CFR §75.73, and the
				requirements of subsection 10.5.
74.2. Monitoring plans. -- The owner or
				operator of a CAIR NOX Annual unit must comply with the
				requirements of 40 CFR §§75.73 (c) and (e).
74.3. Certification applications. -- The CAIR
				designated representative must submit an application to the Secretary within 45
				days after completing all initial certification or recertification tests
				required under section 71, including the information required under 40 CFR
				§75.63.
74.4. Quarterly
				reports. -- The CAIR designated representative must submit quarterly reports,
				as follows:
74.4.a. The CAIR designated
				representative will report the NOX mass emissions data
				and heat input data for the CAIR NOX Annual unit, in an
				electronic quarterly report in a format prescribed by the Administrator, for
				each calendar quarter beginning with:
74.4.a.1. For a unit that commences
				commercial operation before July 1, 2007, the calendar quarter covering January
				1, 2008 through March 31, 2008;
74.4.a.2. For a unit that commences
				commercial operation on or after July 1, 2007, the calendar quarter
				corresponding to the earlier of the date of provisional certification or the
				applicable deadline for initial certification under subsection 70.2, unless
				that quarter is the third or fourth quarter of 2007, in which case reporting
				will commence in the quarter covering January 1, 2008 through March 31,
				2008;
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-75 - Petitions

Current through Register Vol. XLI, No. 28, July 12, 2024
75.1. Except as
				provided in subsection 75.3, the CAIR designated representative of a CAIR
				NOX Annual unit that is subject to an Acid Rain
				emissions limitation may submit a petition under 40 CFR §75.66 to the
				Administrator requesting approval to apply an alternative to any requirement of
				sections 70 through 75. Application of an alternative to any requirement of
				sections 70 through 75 is in accordance with sections 70 through 75 only to the
				extent that the petition is approved in writing by the Administrator, in
				consultation with the Secretary.
75.2. The CAIR designated representative of a
				CAIR NOX Annual unit that is not subject to an Acid Rain
				emissions limitation may submit a petition under 40 CFR §75.66 to the
				Secretary and the Administrator requesting approval to apply an alternative to
				any requirement of sections 70 through 75. Application of an alternative to any
				requirement of sections 70 through 75 is in accordance with sections 70 through
				75 only to the extent that the petition is approved in writing by both the
				Secretary and the Administrator.
75.3. The CAIR designated representative of a
				CAIR NOX Annual unit that is subject to an Acid Rain
				emissions limitation may submit a petition under 40 CFR §75.66 to the
				Secretary and the Administrator requesting approval to apply an alternative to
				a requirement concerning any additional continuous emission monitoring system
				required under 40 CFR §75.72. Application of an alternative to any such
				requirement is in accordance with sections 70 through 75 only to the extent
				that the petition is approved in writing by both the Secretary and the
				Administrator.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-76 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-80 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-90 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
90.1.
				In the event of any inconsistency between this rule and any other rule of the
				West Virginia Department of Environmental Protection, the inconsistency will be
				resolved by the determination of the Secretary and the determination will be
				based upon the application of the more stringent provision, term, condition,
				method or rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes:
1.1.a. Ozone season
				NOX emission limitation, monitoring, recordkeeping,
				reporting, excess emissions, and NOX budget
				demonstration requirements for large industrial boilers and combustion turbines
				that have a maximum design heat input greater than 250 MMBTU/hr, in accordance
				with 40 CFR §
											51.121;
1.1.b Ozone season NOX
				reduction, compliance plan, monitoring, recordkeeping and reporting
				requirements for affected stationary internal combustion engines; and
1.1.c. Ozone season
				NOX control standards, ozone season
				NOX compliance plan, reporting, monitoring and
				recordkeeping requirements for applicable cement manufacturing kilns.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Administrator" means the Administrator of the United States Environmental
				Protection Agency (U.S. EPA) or the Administrator's duly authorized
				representative.
2.2. "Boiler" means
				an enclosed fossil or other fuel-fired combustion device used to produce heat
				and to transfer heat to recirculating water, steam, or other medium.
2.3. "Clean Air Act" or "CAA" means the Clean
				Air Act, 42 U.S.C.
				7401, et seq., as amended.
2.4. "Clinker" means the product of a
				Portland cement kiln from which finished cement is manufactured by milling and
				grinding.
2.5. "Combustion turbine"
				means:
2.5.a. An enclosed device comprising a
				compressor, a combustor, and a turbine and in which the flue gas resulting from
				the combustion of fuel in the combustor passes through the turbine, rotating
				the turbine; and
2.5.b. If the
				enclosed device under subdivision 2.6.a is combined cycle, any associated duct
				burner, heat recovery steam generator, and steam turbine.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-3 - Measurements, abbreviations and acronyms

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Measurements, abbreviations and acronyms
				used in this rule are defined as follows:
3.1.a. Btu -- British thermal unit.
3.1.b. CEMS -- Continuous Emissions
				Monitoring System.
3.1.c.
				CO2 -- carbon dioxide.
3.1.d. CSAPR -- Cross-State Air Pollution
				Rule.
3.1.e. g/bhp-hr -- grams per
				brake horsepower hour.
3.1.f. Hr --
				hour.
3.1.g. MmBtu -- million
				Btu.
3.1.h.
				NOX -- nitrogen oxides.
3.1.i. O2 --
				oxygen.
3.1.j. PEMS -- Predictive
				Emission Monitoring System.
3.1.k.
				SO2 -- sulfur dioxide.
3.1.l. Tph -- tons per hour.
3.1.m. Yr -- year.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-4 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The owner or
				operator of a unit that has a maximum design heat input greater than 250
				MMBtu/hr, except for any unit subject to a seasonal NOX
				trading program established under 40 CFR part 97 in accordance with a federal
				implementation plan set forth in
				40 CFR §
										52.38(b) or subject to a
				seasonal NOX trading program established under a SIP
				revision approved by the U.S. EPA as meeting the requirements of
				40 CFR §
										52.38(b), shall comply with
				the ozone season NOX emission limitation, and
				monitoring, recordkeeping and reporting requirements for ozone season emissions
				of NOX set forth in sections 5 and 6 below.
4.2. Effective May 1, 2009, the owner or
				operator of a large NOX SIP Call engine shall comply
				with the ozone season NOX reduction, compliance plan,
				monitoring, recordkeeping and reporting requirements set forth in section 9
				below.
4.3. Effective May 1, 2009,
				the owner or operator of a kiln that meets the following applicability
				requirements shall comply with the ozone season NOX
				control standards, ozone season NOX compliance plan,
				reporting, monitoring and recordkeeping requirements set forth in section 10
				below:
4.3.a. Long dry kilns [GREATER THAN
				EQUALS TO] 12 TPH process rate;
4.3.b. Long wet kilns [GREATER THAN EQUALS
				TO] 10 TPH process rate;
4.3.c.
				Preheater kilns [GREATER THAN EQUALS TO] 16 TPH process rate; and
4.3.d. Precalciner and preheater/precalciner
				kilns [GREATER THAN EQUALS TO] 22 TPH process rate.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-5 - Ozone season NO[X] emission limitation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Ozone season NOX
				limitation. -- Beginning May 1, 2016, the owner or operator of a unit that
				meets the applicability requirements set forth in subsection 4.1 shall limit
				emissions of NOX during an ozone season pursuant to a
				NOX emission rate for each unit contained in a permit
				issued under 45CSR13, 45CSR14, 45CSR19 or via consent order issued by the
				Secretary in accordance with W.Va. Code §
									22-5-4(a)(5).
				Such ozone season NOX limitation may also include a
				limitation on operating time for a unit during the ozone season.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-6 - Monitoring, recordkeeping and reporting requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The owner or operator of an applicable
				unit under subsection 4.1 shall comply with the provisions of 40 CFR part 75 ,
				subpart H (including use of any of the emissions monitoring methodologies which
				the unit qualifies to use under 40 CFR part 75 ) or shall install and operate a
				certified continuous emission monitoring system (CEMS) or a certified
				predictive emission monitoring system (PEMS) as necessary to attribute ozone
				season mass emissions of NOX to each unit in accordance
				with subsection 6.2, 6.3, 6.4 or 6.5 below. Nitrogen oxides mass emissions
				measurements recorded and reported in accordance with subsection 6.2, 6.3, 6.4
				or 6.5 shall be used to determine a unit's compliance with the ozone season
				NOX emission limitation set forth in section
				5.
6.2. An owner or operator that
				elects to demonstrate compliance in accordance with 40 CFR part 75 , subpart H,
				shall meet the following requirements:
6.2.a.
				Install, calibrate, certify, maintain, monitor, and operate all required
				monitoring systems in accordance with 40 CFR part 75 , subpart H;
6.2.b. Maintain records in accordance with 40
				CFR part 75 , subpart H; and
6.2.c.
				Submit reports in accordance with 40 CFR part 75 , subpart H.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-7 - Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The owner or
				operator of an applicable unit under subsection 4.1 shall be subject to
				enforcement pursuant to W.Va. Code §
									22-5-1 et seq. or the CAA for
				excess emissions of NOX during an ozone season if the
				unit emitted nitrogen oxides in excess of its ozone season
				NOX emission limitation set forth in section
				5.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-8 - Ozone season NO[X] budget demonstration

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Ozone season NOX
				budget. -- The ozone season NOX budget for all units
				that meet the applicability requirements set forth in subsection 4.1 is 2,184
				tons.
8.2. Ozone season
				NOX budget demonstration. -- Through the imposition of
				ozone season NOX limitations under section 5, and
				assumption of maximum operating capacity or use of a limitation on operating
				time for a unit during the ozone season, the Secretary shall demonstrate to the
				Administrator that the ozone season NOX emissions from
				all applicable units under subsection 4.1 meets the ozone season
				NOX budget for these units set forth in subsection
				8.1.
8.3. New units. -- The
				Secretary shall revise the ozone season NOX budget
				demonstration under subsection 8.2 to accommodate the ozone season
				NOX emissions of any new unit that meets the
				applicability requirements set forth in subsection 4.1. The ozone season
				NOX emissions from any such new unit shall not cause the
				ozone season NOX budget set forth in subsection 8.1 to
				be exceeded.