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 45-41-10 - 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 SO2 source,
				including all CAIR SO2 units at the source, will have
				one and only one CAIR designated representative, with regard to all matters
				under the CAIR SO2 Trading Program concerning the source
				or any CAIR SO2 unit at the source.
10.2. The CAIR designated representative of
				the CAIR SO2 source will be selected by an agreement
				binding on the owners and operators of the source and all CAIR
				SO2 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 SO2 source represented and each CAIR
				SO2 unit at the source in all matters pertaining to the
				CAIR SO2 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 SO2 Allowance Tracking System account will be
				established for a CAIR SO2 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
				SO2 units at the source.
10.5. Each submission under the CAIR
				SO2 Trading Program will be submitted, signed, and
				certified by the CAIR designated representative for each CAIR
				SO2 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 SO2 source or a CAIR SO2
				unit only if the submission has been made, signed, and certified in accordance
				with subsection 10.5.