W. Va. Code R. § 45-39-6

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

Section 45-39-6 - Standard Requirements

6.1. Permit requirements.

6.1.a. The CAIR designated representative of each CAIR NO_X Annual source required to have a Title V operating permit and each CAIR NO_X Annual unit required to have a Title V operating permit at the source will:

6.1.a.1. Submit to the Secretary a complete CAIR permit application under section 22 in accordance with the deadlines specified in section 21; and

6.1.a.2. Submit in a timely manner any supplemental information that the Secretary determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit.

6.1.b. The owners and operators of each CAIR NO_X Annual source required to have a Title V operating permit and each CAIR NO_X Annual unit required to have a Title V operating permit at the source will have a CAIR permit issued by the Secretary under sections 20 through 24 for the source and operate the source and the unit in compliance with such CAIR permit.

6.1.c. The owners and operators of a CAIR NO_X Annual source that is not otherwise required to have a Title V operating permit and each CAIR NO_X Annual unit that is not otherwise required to have a Title V operating permit are not required to submit a CAIR permit application, and to have a CAIR permit, under sections 20 through 24 for such CAIR NO_X Annual source and such CAIR NO_X Annual unit.

6.2. Monitoring, reporting, and recordkeeping requirements.

6.2.a. The owners and operators, and the CAIR designated representative, of each CAIR NO_X Annual source and each CAIR NO_X Annual unit at the source will comply with the monitoring, reporting, and recordkeeping requirements of sections 70 through 75.

6.2.b. The emission measurements recorded and reported in accordance with sections 70 through 75 will be used to determine compliance by each CAIR NO_X Annual source with the CAIR NO_X Annual emissions limitation under subsection 6.3.

6.3. Nitrogen oxides emission requirements.

6.3.a. As of the allowance transfer deadline for a control period, the owners and operators of each CAIR NO_X Annual source and each CAIR NO_X Annual unit at the source must hold, in the source's compliance account, CAIR NO_X Annual allowances available for compliance deductions for the control period under subsection 54.1 in an amount not less than the tons of total nitrogen oxides emissions for the control period from all CAIR NO_X Annual units at the source, as determined in accordance with sections 70 through 75.

6.3.b. A CAIR NO_X Annual unit will be subject to the requirements under subdivision 6.3.a for the control period starting on the later of January 1, 2009 or the deadline for meeting the unit's monitor certification requirements under subdivisions 70.2.a, 70.2.b, or 70.2.e and for each control period thereafter.

6.3.c. A CAIR NO_X Annual allowance will not be deducted, for compliance with the requirements under subdivision 6.3.a, for the control period in a calendar year before the year for which the CAIR NO_X Annual allowance was allocated.

6.3.d. CAIR NO_X Annual allowances will be held in, deducted from, or transferred into or among CAIR NO_X Annual Allowance Tracking System accounts in accordance with sections 51 through 62.

6.3.e. A CAIR NO_X Annual allowance is a limited authorization to emit one ton of nitrogen oxides in accordance with the CAIR NO_X Annual Trading Program. No provision of the CAIR NO_X Annual Trading Program, the CAIR permit application, the CAIR permit, or an exemption under section 5 and no provision of law will be construed to limit the authority of the state or the United States to terminate or limit such authorization.

6.3.f. A CAIR NO_X Annual allowance does not constitute a property right.

6.3.g. Upon recordation by the Administrator under sections 40 through 62, every allocation, transfer, or deduction of a CAIR NO_X Annual allowance to or from a CAIR NO_X Annual source's compliance account is incorporated automatically in any CAIR permit of the source.

6.4. Excess emissions requirements. -- If a CAIR NO_X Annual source emits nitrogen oxides during any control period in excess of the CAIR NO_X Annual emissions limitation, then:

6.4.a. The owners and operators of the source and each CAIR NO_X Annual unit at the source will surrender the CAIR NO_X Annual allowances required for deduction under subdivision 54.4.a and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the CAA or W. Va. Code § 22-5-1 et seq; and

6.4.b. Each ton of such excess emissions and each day of such control period will constitute a separate violation of this rule, the CAA, and W. Va. Code § 22-5-1 et seq.

6.5. Recordkeeping and reporting requirements.

6.5.a. Unless otherwise provided, the owners and operators of the CAIR NO_X Annual source and each CAIR NO_X Annual unit at the source must keep on site at the source each of the following documents for a period of 5 years from the date the document is created. This period may be extended for cause, at any time before the end of 5 years, in writing by the Secretary or the Administrator.

6.5.a.1. The certificate of representation under section 13 for the CAIR designated representative for the source and each CAIR NO_X Annual unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation; provided that the certificate and documents will be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation under section 13 changing the CAIR designated representative;

6.5.a.2. All emissions monitoring information, in accordance with sections 70 through 75, provided that to the extent that sections 70 through 75 provides for a 3-year period for recordkeeping, the 3-year period will apply;

6.5.a.3. Copies of all reports, compliance certifications, and other submissions and all records made or required under the CAIR NO_X Annual Trading Program; and

6.5.a.4. Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR NO_X Annual Trading Program or to demonstrate compliance with the requirements of the CAIR NO_X Annual Trading Program.

6.5.b. The CAIR designated representative of a CAIR NO_X Annual source and each CAIR NO_X Annual unit at the source will submit the reports required under the CAIR NO_X Annual Trading Program, including those under sections 70 through 75.

6.6. Liability.

6.6.a. Each CAIR NO_X Annual source and each CAIR NO_X Annual unit must meet the requirements of the CAIR NO_X Annual Trading Program.

6.6.b. Any provision of the CAIR NO_X Annual Trading Program that applies to a CAIR NO_X Annual source or the CAIR designated representative of a CAIR NO_X Annual source will also apply to the owners and operators of such source and of the CAIR NO_X Annual units at the source.

6.6.c. Any provision of the CAIR NO_X Annual Trading Program that applies to a CAIR NO_X Annual unit or the CAIR designated representative of a CAIR NO_X Annual unit will also apply to the owners and operators of such unit.

6.7. Effect on other authorities. -- No provision of the CAIR NO_X Annual Trading Program, a CAIR permit application, a CAIR permit, or an exemption under section 5 will be construed as exempting or excluding the owners and operators, and the CAIR designated representative of a CAIR NO_X Annual source or CAIR NO_X Annual unit from compliance with any other provision of the applicable, approved state implementation plan, a federally enforceable permit, order, or the CAA.

W. Va. Code R. § 45-39-6