Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-39-1 - General1.1. Scope. -- This rule establishes general provisions and the designated representative, permitting, allowance and monitoring provisions for the state CAIR NOX Annual 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 AA through HH, and 40 CFR §51.123 for state implementation plans as a means of mitigating interstate transport of fine particulates and nitrogen oxides (NOX). 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 NOX Annual Trading Program by carrying out the functions set forth for the Administrator in this rule and 40 CFR Part 51. The CAIR NOX Ozone Season Trading Program requirements are set forth in 45CSR40.1.2. Authority. -- W. Va. 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 AA through HH, resulting in several minor areas of nonconformity with 153CSR6.1.6. Former Rules. -- This legislative rule amends 45CSR39 "Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Oxides" which was filed April 28, 2006, and which became effective May 1, 2006.