W. Va. Code R. § 45-39-43
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-39-43 - Compliance Supplement Pool43.1. In addition to the CAIR NOX Annual allowances allocated under section 42, the Secretary may allocate for the control period in 2009 up to 16,929 CAIR NOX Annual allowances to CAIR NOX Annual units in West Virginia.43.2. For any CAIR NOX Annual unit in West Virginia whose average annual NOX emission rate for 2007 or 2008 is less than 0.25 lb/mmBtu and, if the unit is included in an Acid Rain Program NOX averaging plan under 40 CFR §76.11 for such year, whose NOX averaging plan has an actual weighted average NOX emission rate for such year equal or less than the actual weighted average NOX emission rate, for the year before such year achieves NOX emission reductions in 2007 or 2008, the CAIR designated representative of the unit may request early reduction credits, and allocation of CAIR NOX Annual allowances from the compliance supplement pool under subsection 43.1 for such early reduction credits, in accordance with the following: 43.2.a. The owners and operators of such CAIR NOX Annual unit will monitor and report the NOX emissions rate and the heat input of the unit in accordance with sections 70 through 75 in each control period for which early reduction credit is requested.43.2.b. The CAIR designated representative of such CAIR NOX Annual unit will submit to the Secretary by May 1, 2009 a request, in a format specified by the Secretary, for allocation of an amount of CAIR NOX Annual allowances from the compliance supplement pool not exceeding the sum of the unit's heat input for the control period in 2007 multiplied by the difference (if greater than zero) between 0.25 lb/mmBtu and the units' NOX emission rate for the control period in 2007 plus the unit's heat input for the control period in 2008 multiplied by the difference (if greater than zero) between 0.25 lb/mmBtu and the units' NOX emission rate for the control period in 2008, determined in accordance with sections 70 through 75 and with the sum divided by 2000 lb/ton and rounded to the nearest whole number of tons as appropriate.43.3. For any CAIR NOX Annual unit in West Virginia whose compliance with the CAIR NOX Annual emissions limitation for the control period in 2009 would create an undue risk to the reliability of electricity supply during such control period, the CAIR designated representative of the unit may request the allocation of CAIR NOX Annual allowances from the compliance supplement pool under subsection 43.1, in accordance with the following:43.3.a. The CAIR designated representative of such CAIR NOX Annual unit will submit to the Secretary by May 1, 2009 a request, in a format specified by the Secretary, for allocation of an amount of CAIR NOX Annual allowances from the compliance supplement pool not exceeding the minimum amount of CAIR NOX Annual allowances necessary to remove such undue risk to the reliability of electricity supply;43.3.b. In the request under subdivision 43.3.a, the CAIR designated representative of such CAIR NOX Annual unit will demonstrate that, in the absence of allocation to the unit of the amount of CAIR NOX Annual allowances requested, the unit's compliance with the CAIR NOX Annual emissions limitation for the control period in 2009 would create an undue risk to the reliability of electricity supply during such control period. This demonstration must include a showing that it would not be feasible for the owners and operators of the unit to: 43.3.b.1. Obtain a sufficient amount of electricity from other electricity generation facilities, during the installation of control technology at the unit for compliance with the CAIR NOX Annual emissions limitation, to prevent such undue risk; or43.3.b.2. Obtain under subsections 43.2 and 43.4, or otherwise obtain, a sufficient amount of CAIR NOX Annual allowances to prevent such undue risk.43.4. The Secretary will review each request under subsections 43.2 or 43.3 submitted by May 1, 2009 and will allocate CAIR NOX Annual allowances for the control period in 2009 to CAIR NOX Annual units in West Virginia and covered by such request as follows: 43.4.a. Upon receipt of each such request, the Secretary will make any necessary adjustments to the request to ensure that the amount of the CAIR NOX Annual allowances requested meets the requirements of subsections 43.2 or 43.3;43.4.b. If the compliance supplement pool under subsection 43.1 has an amount of CAIR NOX Annual allowances not less than the total amount of CAIR NOX Annual allowances in all such requests (as adjusted under subdivision 43.4.a), the Secretary will allocate to each CAIR NOX Annual unit covered by such requests the amount of CAIR NOX Annual allowances requested (as adjusted under subdivision 43.4.a);43.4.c. If the compliance supplement pool under subsection 43.1 has a smaller amount of CAIR NOX Annual allowances than the total amount of CAIR NOX Annual allowances in all such requests (as adjusted under subdivision 43.4.a), the Secretary will allocate CAIR NOX Annual allowances to each CAIR NOX Annual unit covered by such requests according to the following formula and rounding to the nearest whole allowance as appropriate: Unit's allocation = Unit's adjusted allocation X (16,929 / total adjusted allocations for all units)
Where:
"Unit's allocation" is the amount of CAIR NOX Annual allowances allocated to the unit from the compliance supplement pool;
"Unit's adjusted allocation" is the amount of CAIR NOX Annual allowances requested for the unit under subsections 43.2 or 43.3 as adjusted under subdivision 43.4.a;
"Total adjusted allocations for all units" is the sum of the amounts of allocations requested for all units under subsections 43.2 or 43.3, as adjusted under subdivision 43.4.a;
43.4.d. By November 30, 2009, the Secretary will determine, and submit to the Administrator, the allocations under subdivisions 43.4.b or 43.4.c; and43.4.e. By January 1, 2010, the Administrator will record the allocations under subdivision 43.4.d.W. Va. Code R. § 45-39-43