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 45-40 - Control of Ozone Season Nitrogen Oxides Emissions › Section 45-40-10 - Ozone season NO[X] reduction requirements for emissions of NO[X] from cement manufacturing kilns

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Standard
				requirements. -- Effective May 1, 2009, an owner or operator of any Portland
				cement kiln subject to this section must not operate the kiln during May 1
				through September 30 unless the kiln has installed and operates during May 1 to
				September 30 with low-NOX burners, mid-kiln firing or
				alternative control techniques, subject to approval by the Administrator, that
				achieve at least the same emissions decreases as low-NOX
				burners or mid-kiln firing.
10.2.
				NOX compliance plan. -- Any owner or operator of a
				source subject to the standard requirements of subsection 10.1 may elect to use
				NOX reductions from any non-affected kiln at a source
				with a Portland cement kiln under subsection 4.3. If the owner or operator so
				elects, he or she must submit for approval to the Administrator by May 1, 2009,
				a NOX compliance plan which demonstrates the method(s)
				by which the operator will achieve NOX reductions from
				non-affected kilns which achieve at least the same emissions decreases set
				forth in the standard requirements of subsection 10.1.
10.3. Reporting requirements. -- Any owner or
				operator subject to the standard requirements of subsection 10.1 must comply
				with the following reporting requirements:
10.3.a. By May 1, 2009, submit to the
				Secretary and Administrator the identification number and type of each kiln
				subject to this section, the name and address of the plant where the kiln is
				located and the name and telephone number of the person responsible for
				demonstrating compliance with this section; and
10.3.b. Submit a report documenting for that
				kiln the total NOX emissions from May 1 through
				September 30 of each year to the Secretary and Administrator by October 31 of
				each year, beginning in 2009.
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 45-40-11 - Inconsistency between rules

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				In the event of any inconsistency between this rule and any other rule of the
				Division of Air Quality, 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes general provisions and the designated representative,
				permitting, allowance and monitoring provisions for the state CAIR
				SO2 Trading Program pursuant to the federal Clean Air
				Interstate Rule (CAIR) under Section 110 of the Clean Air Act (CAA), 40 CFR
				Part 96, Subparts AAA through HHH, and 40 CFR §51.124 for state
				implementation plans as a means of mitigating interstate transport of fine
				particulates and sulfur dioxide (SO2). The Secretary of
				the Department of Environmental Protection authorizes the Administrator of the
				United States Environmental Protection Agency to assist the Secretary in
				implementing the CAIR SO2 Trading Program by carrying
				out the functions set forth for the Administrator in this rule and 40 CFR Part
				51.
1.2. Authority. -- W.V a. Code
				§
									22-5-4.
1.3. Filing Date. -- April 14,
				2008.
1.4. Effective Date. -- May
				1, 2008.
1.5. Numbering and text
				breakdown. -- This rule generally meets the numbering, indentation and text
				breakdown requirements set forth in 153CSR6. However, its numbering structure
				intentionally follows the numbering structure of 40 CFR Part 96, Subparts AAA
				through, HHH resulting in several minor areas of nonconformity with
				153CSR6.
1.6. Former Rules. -- This
				legislative rule amends 45CSR41 "Control of Annual Sulfur Dioxide Emissions to
				Mitigate Interstate Transport of Fine Particulate Matter and Sulfur Dioxide"
				which was filed April 28, 2006, and which became effective May 1,
				2006.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-3 - Measurements, Abbreviations and Acronyms

Current through Register Vol. XLI, No. 28, July 12, 2024
Measurements, abbreviations and acronyms used in this rule
				  are defined as follows:
Btu -- British thermal unit.
CO2 -- carbon dioxide.
NOX -- nitrogen oxides.
Hg -- mercury.
hr -- hour.
kW-- kilowatt electrical.
kWh -- kilowatt hour.
mmBtu -- million Btu.
MWe -- megawatt electrical.
MWh -- megawatt hour.
O2 -- oxygen.
ppm -- parts per million.
lb -- pound.
scfh -- standard cubic feet per hour.
SO2 -- sulfur dioxide.
H2O -- water.
yr -- year.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-5 - Retired Unit Exemption

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				General exemption provisions.
5.1.a. Any CAIR
				SO2 unit that is permanently retired will be exempt from
				the CAIR SO2 Trading Program, except for the provisions
				of this section, sections 2 through 4, subdivisions 6.3.d through 6.3.g,
				sections 7 through 15, and sections 51 through 62.
5.1.b. The exemption under subdivision 5.1.a
				will become effective the day on which the CAIR SO2 unit
				is permanently retired. Within 30 days of the unit's permanent retirement, the
				CAIR designated representative will submit a statement to the Secretary and
				submit a copy of the statement to the Administrator. The statement must state,
				in a format prescribed by the Secretary, that the unit was permanently retired
				on a specific date and will comply with the requirements of subsection
				5.2.
5.1.c. After receipt of the
				statement under subdivision 5.1.b, the Secretary will amend any permit under
				sections 20 through 24 covering the source at which the unit is located to add
				the provisions and requirements of the exemption under subdivision 5.1.a and
				subsection 5.2.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-6 - Standard Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Permit requirements.
6.1.a. The CAIR
				designated representative of each CAIR SO2 source
				required to have a Title V operating permit and each CAIR
				SO2 unit required to have a Title V operating permit at
				the source will:
6.1.a.1. Submit to the
				Secretary a complete CAIR permit application under section 22 in accordance
				with the deadlines specified in section 21; and
6.1.a.2. Submit in a timely manner any
				supplemental information that the Secretary determines is necessary in order to
				review a CAIR permit application and issue or deny a CAIR permit.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-7 - Computation of Time

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Unless
				otherwise stated, any time period scheduled, under the CAIR
				SO2 Trading Program, to begin on the occurrence of an
				act or event will begin on the day the act or event occurs.
7.2. Unless otherwise stated, any time period
				scheduled, under the CAIR SO2 Trading Program, to begin
				before the occurrence of an act or event will be computed so that the period
				ends the day before the act or event occurs.
7.3. Unless otherwise stated, if the final
				day of any time period, under the CAIR SO2 Trading
				Program, falls on a weekend or a state or federal holiday, the time period will
				be extended to the next business day.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-8 - Appeal Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				appeal procedures for decisions of the Administrator under the CAIR
				SO2 Trading Program are set forth in 40 CFR Part
				78.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-11 - Alternate CAIR Designated Representative

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A certificate of representation under
				section 13 may designate one and only one alternate CAIR designated
				representative, who may act on behalf of the CAIR designated representative.
				The agreement by which the alternate CAIR designated representative is selected
				will include a procedure for authorizing the alternate CAIR designated
				representative to act in lieu of the CAIR designated representative.
11.2. Upon receipt by the Administrator of a
				complete certificate of representation under section 13, any representation,
				action, inaction, or submission by the alternate CAIR designated representative
				will be deemed to be a representation, action, inaction, or submission by the
				CAIR designated representative.
11.3. Except in this section, section 2,
				subsections 10.1 and 10.4, sections 12, 13, 15 and 51, whenever the term "CAIR
				designated representative" is used in sections 1 through 75, the term will be
				construed to include the CAIR designated representative or any alternate CAIR
				designated representative.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-12 - Changing the CAIR Designated Representative and Alternate CAIR Designated Representative; Changes in Owners and Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Changing CAIR designated
				representative. -- The CAIR designated representative may be changed at any
				time upon receipt by the Administrator of a superseding complete certificate of
				representation under section 13. Notwithstanding any such change, all
				representations, actions, inactions, and submissions by the previous CAIR
				designated representative before the time and date when the Administrator
				receives the superseding certificate of representation will be binding on the
				new CAIR designated representative and the owners and operators of the CAIR
				SO2 source and the CAIR SO2 units
				at the source.
12.2. Changing
				alternate CAIR designated representative. -- The alternate CAIR designated
				representative may be changed at any time upon receipt by the Administrator of
				a superseding complete certificate of representation under section 13.
				Notwithstanding any such change, all representations, actions, inactions, and
				submissions by the previous alternate CAIR designated representative before the
				time and date when the Administrator receives the superseding certificate of
				representation will be binding on the new alternate CAIR designated
				representative and the owners and operators of the CAIR
				SO2 source and the CAIR SO2 units
				at the source.
12.3. Changes in
				owners and operators.
12.3.a. In the event an
				owner or operator of a CAIR SO2 source or a CAIR
				SO2 unit is not included in the list of owners and
				operators in the certificate of representation under section 13, such owner or
				operator will be deemed to be subject to and bound by the certificate of
				representation, the representations, actions, inactions, and submissions of the
				CAIR designated representative and any alternate CAIR designated representative
				of the source or unit, and the decisions and orders of the Secretary, the
				Administrator, or a court, as if the owner or operator were included in such
				list.
12.3.b. Within 30 days
				following any change in the owners and operators of a CAIR
				SO2 source or a CAIR SO2 unit,
				including the addition of a new owner or operator, the CAIR designated
				representative or any alternate CAIR designated representative will submit a
				revision to the certificate of representation under section 13 amending the
				list of owners and operators to include the change.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-14 - 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 SO2 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 SO2 allowance
				transfers.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-15 - 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-20 - General CAIR SO[2] Trading Program Permit Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. For each CAIR
				SO2 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 SO2 source
				and the CAIR SO2 units at the source covered by the CAIR
				permit, all applicable CAIR SO2 Trading Program
				requirements, CAIR NOX Annual Trading Program
				requirements, and CAIR NOX Ozone Season 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-21 - 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 SO2 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
				SO2 unit at the source at least 18 months (or such
				lesser time provided by the Secretary) before the later of January 1, 2010 or
				the date on which the CAIR SO2 unit commences commercial
				operation.
21.2. Duty to reapply.
				-- For a CAIR SO2 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
				SO2 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-22 - 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 SO2
				source for which the application is submitted, in a format prescribed by the
				Secretary:
22.1.a. Identification of the CAIR
				SO2 source;
22.1.b. Identification of each CAIR
				SO2 unit at the CAIR SO2 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-23 - 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 51 through 57, sections 60
				through 62, every allocation, transfer, or deduction of a CAIR
				SO2 allowance to or from the compliance account of the
				CAIR SO2 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
				SO2 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-24 - 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-30 - 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-40 - 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-50 - 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-51 - Establishment of Accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
51.1.
				Compliance accounts. -- Upon receipt of a complete certificate of
				representation under section 13, the Administrator will establish a compliance
				account for the CAIR SO2 source for which the
				certificate of representation was submitted, unless the source already has a
				compliance account.
51.2. General
				accounts. -- Any person may apply to open a general account for the purpose of
				holding and transferring CAIR SO2 allowances. An
				application for a general account may designate one and only one CAIR
				authorized account representative and one and only one alternate CAIR
				authorized account representative who may act on behalf of the CAIR authorized
				account representative. The agreement by which the alternate CAIR authorized
				account representative is selected will include a procedure for authorizing the
				alternate CAIR authorized account representative to act in lieu of the CAIR
				authorized account representative.
51.2.a. A
				complete application for a general account will be submitted to the
				Administrator and must include the following elements in a format prescribed by
				the Administrator:
51.2.a.1. Name, mailing
				address, e-mail address (if any), telephone number, and facsimile transmission
				number (if any) of the CAIR authorized account representative and any alternate
				CAIR authorized account representative;
51.2.a.2. Organization name and type of
				organization, if applicable;
51.2.a.3. A list of all persons subject to a
				binding agreement for the CAIR authorized account representative and any
				alternate CAIR authorized account representative to represent their ownership
				interest with respect to the CAIR SO2 allowances held in
				the general account;
51.2.a.4. The
				following certification statement by the CAIR authorized account representative
				and any alternate CAIR authorized account representative: "I certify that I was
				selected as the CAIR authorized account representative or the alternate CAIR
				authorized account representative, as applicable, by an agreement that is
				binding on all persons who have an ownership interest with respect to CAIR
				SO2 allowances held in the general account. I certify
				that I have all the necessary authority to carry out my duties and
				responsibilities under the CAIR SO2 Trading Program on
				behalf of such persons and that each such person will be fully bound by my
				representations, actions, inactions, or submissions and by any order or
				decision issued to me by the Administrator or a court regarding the general
				account."; and
51.2.a.5. The
				signature of the CAIR authorized account representative and any alternate CAIR
				authorized account representative and the dates signed.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-52 - Responsibilities of CAIR Authorized Account Representative

Current through Register Vol. XLI, No. 28, July 12, 2024
52.1. Following the establishment of a CAIR
				SO2 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
				SO2 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-53 - Recordation of CAIR SO[2] allowances

Current through Register Vol. XLI, No. 28, July 12, 2024
53.1. After a compliance account is
				established under subsection 51.1 or 40 CFR §73.31 (a) or (b), the
				Administrator will record in the compliance account any CAIR
				SO2 allowance allocated to any CAIR
				SO2 unit at the source for each of the 30 years starting
				the later of 2010 or the year in which the compliance account is established
				and any CAIR SO2 allowance allocated for each of the 30
				years starting the later of 2010 or the year in which the compliance account is
				established and transferred to the source in accordance with sections 60
				through 62 or Subpart D of 40 CFR Part 73.
53.2. In 2011 and each year thereafter, after
				Administrator has completed all deductions under subsection 54.2, the
				Administrator will record in the compliance account any CAIR
				SO2 allowance allocated to any CAIR
				SO2 unit at the source for the new
				30th year (i.e., the year that is 30 years after the
				calendar year for which such deductions are or could be made) and any CAIR
				SO2 allowance allocated for the new
				30th year and transferred to the source in
				accordance with sections 60 through 62 or Subpart D of 40 CFR Part
				73.
53.3. After a general account
				is established under subsection 51.2 or 40 CFR §73.31 (c), the
				Administrator will record in the general account any CAIR
				SO2 allowance allocated for each of the 30 years
				starting the later of 2010 or the year in which the general account is
				established and transferred to the general account in accordance with sections
				60 through 62 or Subpart D of 40 CFR Part 73.
53.4. In 2011 and each year thereafter, after
				the Administrator has completed all deductions under subsection 54.2, the
				Administrator will record in the general account any CAIR
				SO2 allowance allocated for the new
				30th year (i.e., the year that is 30 years after the
				calendar year for which such deductions are or could be made) and transferred
				to the general account in accordance with sections 60 through 62 or Subpart D
				of 40 CFR Part 73.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-54 - Compliance with CAIR SO[2] emission limitation

Current through Register Vol. XLI, No. 28, July 12, 2024
54.1. Allowance transfer deadline. -- The
				CAIR SO2 allowances are available to be deducted for
				compliance with a source's CAIR SO2 emission limitation
				for a control period in a given calendar year only if the CAIR
				SO2 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 SO2 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-55 - Banking

Current through Register Vol. XLI, No. 28, July 12, 2024
55.1. CAIR
				SO2 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
				SO2 allowance that is held in a compliance account or a
				general account will remain in such account unless and until the CAIR
				SO2 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-56 - 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 SO2 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-57 - 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 SO2
				allowances in the account to one or more other CAIR SO2
				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 SO2 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 SO2 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-60 - Submission of CAIR SO[2] Allowance Transfers

Current through Register Vol. XLI, No. 28, July 12, 2024
60.1. A CAIR authorized account
				representative seeking recordation of a CAIR SO2
				allowance transfer will submit the transfer to the Administrator. To be
				considered correctly submitted, the CAIR SO2 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
				SO2 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 and transferee accounts and the dates signed.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-61 - U.S. EPA Recordation

Current through Register Vol. XLI, No. 28, July 12, 2024
61.1.
				Within 5 business days (except as necessary to perform a transfer in perpetuity
				of CAIR SO2 allowances allocated to a CAIR
				SO2 unit or as provided in subsection 61.2) of receiving
				a CAIR SO2 allowance transfer, the Administrator will
				record a CAIR SO2 allowance transfer by moving each CAIR
				SO2 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;
61.1.b. The
				transferor account includes each CAIR SO2 allowance
				identified by serial number in the transfer; and
61.1.c. The transfer is in accordance with
				the limitation on transfer under 40 CFR §§74.42 and 74.47 (c), as
				applicable.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-62 - 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
				SO2 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 SO2
				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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-70 - 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 SO2 unit, must
				  comply with the monitoring, recordkeeping and reporting requirements as
				  provided in sections 70 through 75 and Subparts F and G 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
				  SO2 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
				  SO2 unit but that is monitored under 40 CFR
				  §75.16(b)(2) must comply with the same monitoring, recordkeeping and
				  reporting requirements as a CAIR SO2 unit.
70.1. Requirements for installation,
				certification and data accounting. -- The owner or operator of each CAIR
				SO2 unit will:
70.1.a.
				Install all monitoring systems required under sections 70 through 75 for
				monitoring SO2 mass emissions and individual unit heat
				input (including all systems required to monitor SO2
				concentration, stack gas moisture content, stack gas flow rate,
				CO2 or O2 concentration, and fuel
				flow rate, as applicable, in accordance with 40 CFR §§75.11 and 75.16
				);
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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-71 - Initial Certification and Recertification Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
71.1. The owner or operator of a CAIR
				SO2 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
				Appendices B and D 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-72 - 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 of, or Appendix D 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-73 - Notifications

Current through Register Vol. XLI, No. 28, July 12, 2024
73.1. The CAIR
				designated representative for a CAIR SO2 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-74 - 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 in Subparts F and G of 40 CFR Part 75,
				and the requirements of subsection 10.5.
74.2. Monitoring plans. -- The owner or
				operator of a CAIR SO2 unit must comply with the
				requirements of 40 CFR §75.62.
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 SO2 mass emissions data
				and heat input data for the CAIR SO2 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, 2008, the calendar quarter covering January
				1, 2009 through March 31, 2009;
74.4.a.2. For a unit that commences
				commercial operation on or after July 1, 2008, 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 2008, in which case reporting
				will commence in the quarter covering January 1, 2009 through March 31,
				2009;
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-75 - Petitions

Current through Register Vol. XLI, No. 28, July 12, 2024
75.1. The CAIR
				designated representative of a CAIR SO2 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 SO2 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.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-76 - 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 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-80 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024