Statutes, codes, and regulations
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 45-39-12 - Changing the CAIR Designated Representative and Alternate CAIR Designated Representative; Changes in Owners and Operators

W. Va. Code R. § 45-39-12

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-39-12 - Changing the CAIR Designated Representative and Alternate CAIR Designated Representative; Changes in Owners and Operators
12.1. Changing CAIR designated representative. -- The CAIR designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under section 13. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CAIR designated representative before the time and date when the Administrator receives the superseding certificate of representation will be binding on the new CAIR designated representative and the owners and operators of the CAIR NOX Annual source and the CAIR NOX Annual units at the source.
12.2. Changing alternate CAIR designated representative. -- The alternate CAIR designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under section 13. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate CAIR designated representative before the time and date when the Administrator receives the superseding certificate of representation will be binding on the new alternate CAIR designated representative and the owners and operators of the CAIR NOX Annual source and the CAIR NOX Annual units at the source.
12.3. Changes in owners and operators.
12.3.a. In the event an owner or operator of a CAIR NOX Annual source or a CAIR NOX Annual unit is not included in the list of owners and operators in the certificate of representation under section 13, such owner or operator will be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the CAIR designated representative and any alternate CAIR designated representative of the source or unit, and the decisions and orders of the Secretary, the Administrator, or a court, as if the owner or operator were included in such list.
12.3.b. Within 30 days following any change in the owners and operators of a CAIR NOX Annual source or a CAIR NOX Annual unit, including the addition of a new owner or operator, the CAIR designated representative or any alternate CAIR designated representative will submit a revision to the certificate of representation under section 13 amending the list of owners and operators to include the change.

W. Va. Code R. § 45-39-12