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West Virginia Administrative Code
Agency 45 - Air QualityTitle 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

W. Va. Code R. § 45-39-10

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-39-10 - Authorization and Responsibilities of the CAIR Designated Representative
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.

W. Va. Code R. § 45-39-10