W. Va. Code R. § 45-39-54

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-39-54 - Compliance with CAIR NO[X] Emissions Limitation

54.1. Allowance transfer deadline. -- The CAIR NO_X Annual allowances are available to be deducted for compliance with a source's CAIR NO_X Annual emissions limitation for a control period in a given calendar year only if the CAIR NO_X Annual allowances:

54.1.a. Were allocated for the control period in the year or a prior year; and

54.1.b. Are held in the compliance account as of the allowance transfer deadline for the control period or are transferred into the compliance account by a CAIR NO_X Annual allowance transfer correctly submitted for recordation under sections 60 and 61 by the allowance transfer deadline for the control period.

54.2. Deductions for compliance. -- Following the recordation, in accordance with section 61, of CAIR NO_X Annual allowance transfers submitted for recordation in a source's compliance account by the allowance transfer deadline for a control period, the Administrator will deduct from the compliance account CAIR NO_X Annual allowances available under subsection 54.1 in order to determine whether the source meets the CAIR NO_X Annual emissions limitation for the control period as follows:

54.2.a. Until the amount of CAIR NO_X Annual allowances deducted equals the number of tons of total nitrogen oxides emissions, determined in accordance with sections 70 through 75, from all CAIR NO_X Annual units at the source for the control period; or

54.2.b. If there are insufficient CAIR NO_X Annual allowances to complete the deductions in subdivision 54.2.a, until no more CAIR NO_X Annual allowances available under subsection 54.1 remain in the compliance account.

54.3. Identification of CAIR NO_X Annual allowances by serial number.

54.3.a. The CAIR authorized account representative for a source's compliance account may request that specific CAIR NO_X Annual allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period in accordance with subsections 54.2 or 54.4. Such request must be submitted to the Administrator by the allowance transfer deadline for the control period and include, in a format prescribed by the Administrator, the identification of the CAIR NO_X Annual source and the appropriate serial numbers.

54.3.b. First-in, first-out. -- The Administrator will deduct CAIR NO_X Annual allowances under subsections 54.2 or 54.4 from the source's compliance account, in the absence of an identification or in the case of a partial identification of CAIR NO_X Annual allowances by serial number under subdivision 54.3.a, on a first-in, first-out accounting basis in the following order:

54.3.b.1. Any CAIR NO_X Annual allowances that were allocated to the units at the source, in the order of recordation; and then

54.3.b.2. Any CAIR NO_X Annual allowances that were allocated to any entity and transferred and recorded in the compliance account pursuant to sections 60 through 62, in the order of recordation.

54.4. Deductions for excess emissions.

54.4.a. After making the deductions for compliance under subsection 54.2, for a control period in a calendar year in which the CAIR NO_X Annual source has excess emissions, the Administrator will deduct from the source's compliance account an amount of CAIR NO_X Annual allowances, allocated for the control period in the immediately following calendar year, equal to three times the number of tons of the source's excess emissions.

54.4.b. Any allowance deduction required under subdivision 54.4.a will not affect the liability of the owners and operators of the CAIR NO_X Annual source or the CAIR NO_X Annual units at the source for any fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violations, as ordered under the CAA or W. Va. Code § 22-5-1 et seq.

54.5. Recordation of deductions. -- The Administrator will record in the appropriate compliance account all deductions from such an account under subsections 54.2 and 54.4.

54.6. Administrator's action on submissions.

54.6.a. The Administrator may review and conduct independent audits concerning any submission under the CAIR NO_X Annual Trading Program and make appropriate adjustments of the information in the submissions.

54.6.b. The Administrator may deduct CAIR NO_X Annual allowances from or transfer CAIR NO_X Annual allowances to a source's compliance account based on the information in the submissions, as adjusted under subdivision 54.6.a, and record such deductions and transfers.

W. Va. Code R. § 45-39-54