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 45-41-13 - 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 SO2 source, and each CAIR
				SO2 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 SO2 source and of
				each CAIR SO2 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 SO2
				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 SO2 Trading Program on
				behalf of the owners and operators of the source and of each CAIR
				SO2 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
				SO2 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 SO2 unit, or where a utility or
				industrial customer purchases power from a CAIR SO2 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 SO2 unit at the source; and CAIR
				SO2 allowances and proceeds of transactions involving
				CAIR SO2 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
				SO2 allowances by contract, CAIR
				SO2 allowances and proceeds of transactions involving
				CAIR SO2 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.