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 45-39-13 - Certificate of Representation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A complete certificate of
				representation for a CAIR designated representative or an alternate CAIR
				designated representative will include the following elements in a format
				prescribed by the Administrator:
13.1.a.
				Identification of the CAIR NOX Annual source, and each
				CAIR NOX Annual unit at the source, for which the
				certificate of representation is submitted, including identification and
				nameplate capacity of each generator served by each such unit;
13.1.b. The name, address, e-mail address (if
				any), telephone number, and facsimile transmission number (if any) of the CAIR
				designated representative and any alternate CAIR designated
				representative;
13.1.c. A list of
				the owners and operators of the CAIR NOX Annual source
				and of each CAIR NOX Annual unit at the
				source;
13.1.d. The following
				certification statements by the CAIR designated representative and any
				alternate CAIR designated representative:
13.1.d.1. "I certify that I was selected as
				the CAIR designated representative or alternate CAIR designated representative,
				as applicable, by an agreement binding on the owners and operators of the
				source and each CAIR NOX Annual unit at the
				source."
13.1.d.2. "I certify that
				I have all the necessary authority to carry out my duties and responsibilities
				under the CAIR NOX Annual Trading Program on behalf of
				the owners and operators of the source and of each CAIR
				NOX Annual unit at the source and that each such owner
				and operator shall be fully bound by my representations, actions, inactions, or
				submissions."
13.1.d.3. "I certify
				that the owners and operators of the source and of each CAIR
				NOX Annual unit at the source shall be bound by any
				order issued to me by the Administrator, the Secretary, or a court regarding
				the source or unit."
13.1.d.4.
				"Where there are multiple holders of a legal or equitable title to, or a
				leasehold interest in, a CAIR NOX Annual unit, or where
				a utility or industrial customer purchases power from a CAIR
				NOX Annual unit under a life-of-the-unit, firm power
				contractual arrangement, I certify that: I have given a written notice of my
				selection as the 'CAIR designated representative' or 'alternate CAIR designated
				representative', as applicable, and of the agreement by which I was selected to
				each owner and operator of the source and of each CAIR
				NOX Annual unit at the source; and CAIR
				NOX Annual allowances and proceeds of transactions
				involving CAIR NOX Annual allowances will be deemed to
				be held or distributed in proportion to each holder's legal, equitable,
				leasehold, or contractual reservation or entitlement, except that, if such
				multiple holders have expressly provided for a different distribution of CAIR
				NOX Annual allowances by contract, CAIR
				NOX Annual allowances and proceeds of transactions
				involving CAIR NOX Annual allowances will be deemed to
				be held or distributed in accordance with the contract."
13.1.e. The signature of the CAIR designated
				representative and any alternate CAIR designated representative and the dates
				signed.