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 45-39-10 - Authorization and Responsibilities of the CAIR Designated Representative

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Except as
				provided under section 11, each CAIR NOX Annual source,
				including all CAIR NOX Annual units at the source, will
				have one and only one CAIR designated representative, with regard to all
				matters under the CAIR NOX Annual Trading Program
				concerning the source or any CAIR NOX Annual unit at the
				source.
10.2. The CAIR designated
				representative of the CAIR NOX Annual source will be
				selected by an agreement binding on the owners and operators of the source and
				all CAIR NOX Annual units at the source and will act in
				accordance with the certification statement in paragraph 13.1.d.4.
10.3. Upon receipt by the Administrator of a
				complete certificate of representation under section 13, the CAIR designated
				representative of the source will represent and, by his or her representations,
				actions, inactions, or submissions, legally bind each owner and operator of the
				CAIR NOX Annual source represented and each CAIR
				NOX Annual unit at the source in all matters pertaining
				to the CAIR NOX Annual Trading Program, notwithstanding
				any agreement between the CAIR designated representative and such owners and
				operators. The owners and operators will be bound by any decision or order
				issued to the CAIR designated representative by the Secretary, the
				Administrator, or a court regarding the source or unit.
10.4. No CAIR permit will be issued, no
				emissions data reports will be accepted, and no CAIR NOX
				Annual Allowance Tracking System account will be established for a CAIR
				NOX Annual unit at a source, until the Administrator has
				received a complete certificate of representation under section 13 for a CAIR
				designated representative of the source and the CAIR NOX
				Annual units at the source.
10.5.
				Each submission under the CAIR NOX Annual Trading
				Program will be submitted, signed, and certified by the CAIR designated
				representative for each CAIR NOX Annual source on behalf
				of which the submission is made. Each such submission must include the
				following certification statement by the CAIR designated representative: "I am
				authorized to make this submission on behalf of the owners and operators of the
				source or units for which the submission is made. I certify under penalty of
				law that I have personally examined, and am familiar with, the statements and
				information submitted in this document and all its attachments. Based on my
				inquiry of those individuals with primary responsibility for obtaining the
				information, I certify that the statements and information are to the best of
				my knowledge and belief true, accurate, and complete. I am aware that there are
				significant penalties for submitting false statements and information or
				omitting required statements and information, including the possibility of fine
				or imprisonment."
10.6. The
				Secretary and the Administrator will accept or act on a submission made on
				behalf of owner or operators of a CAIR NOX Annual source
				or a CAIR NOX Annual unit only if the submission has
				been made, signed, and certified in accordance with subsection 10.5.