Statutes, codes, and regulations
West Virginia Administrative Code
Agency 45 - Air QualityTitle 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY
Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide
Section 45-41-54 - Compliance with CAIR SO[2] emission limitation

W. Va. Code R. § 45-41-54

Download
PDF
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-41-54 - Compliance with CAIR SO[2] emission limitation
54.1. Allowance transfer deadline. -- The CAIR SO2 allowances are available to be deducted for compliance with a source's CAIR SO2 emission limitation for a control period in a given calendar year only if the CAIR SO2 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 SO2 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 SO2 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 SO2 allowances available under subsection 54.1 in order to determine whether the source meets the CAIR SO2 emission limitation for the control period as follows:
54.2.a. For a CAIR SO2 source subject to an Acid Rain emissions limitation, the Administrator will, in the following order:
54.2.a.1. Deduct the amount of CAIR SO2 allowances, available under subsection 54.1 that is required under 40 CFR §§73.35 (b) and (c). If there are sufficient CAIR SO2 allowances to complete this deduction, the deduction will be treated as satisfying the requirements of 40 CFR §§73.35 (b) and (c).
54.2.a.2. Deduct the amount of CAIR SO2 allowances that is required under 40 CFR §§73.35 (d) and 77.5. If there are sufficient CAIR SO2 allowances to complete this deduction, the deduction will be treated as satisfying the requirements of 40 CFR §§73.35 (d) and 77.5.
54.2.a.3. Treating the CAIR SO2 allowances deducted under paragraph 54.2.a.1 as also being deducted under this paragraph, deduct CAIR SO2 allowances available under subsection 54.1 in order to determine whether the source meets the CAIR SO2 emission limitation for the control period, as follows:
54.2.a.3.A. Until the tonnage equivalent of the CAIR SO2 allowances deducted equals, or exceeds in accordance with subdivisions 54.3.a and 54.3.b, the number of tons of total sulfur dioxide emissions, determined in accordance with sections 70 through 75, from all CAIR SO2 units at the source for the control period; or
54.2.a.3.B. If there are insufficient CAIR SO2 allowances to complete the deductions in subparagraph 54.2.a.3.A, until no more CAIR SO2 allowances available under subsection 54.1 remain in the compliance account.
54.2.b. For a CAIR SO2 source not subject to an Acid Rain emissions limitation, the Administrator will deduct CAIR SO2 allowances available under subsection 54.1 in order to determine whether the source meets the CAIR SO2 emission limitation for the control period, as follows:
54.2.b.1. Until the tonnage equivalent of the CAIR SO2 allowances deducted equals, or exceeds in accordance with subdivisions 54.3.a and 54.3.b, the number of tons of total sulfur dioxide emissions, determined in accordance with sections 70 through 75, from all CAIR SO2 units at the source for the control period; or
54.2.b.2. If there are insufficient CAIR SO2 allowances to complete the deductions in paragraph 54.2.b.1, until no more CAIR SO2 allowances available under subsection 54.1 remain in the compliance account.
54.3. Identification of CAIR SO2 allowances by serial number.
54.3.a. The CAIR authorized account representative for a source's compliance account may request that specific CAIR SO2 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 SO2 source and the appropriate serial numbers.
54.3.b. First-in, first-out. -- The Administrator will deduct CAIR SO2 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 SO2 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 SO2 allowances that were allocated to the units at the source for a control period before 2010, in the order of recordation;
54.3.b.2. Any CAIR SO2 allowances that were allocated to any entity for a control period before 2010 and transferred and recorded in the compliance account pursuant to sections 60 through 62 or Subpart D of 40 CFR Part 73, in the order of recordation;
54.3.b.3. Any CAIR SO2 allowances that were allocated to the units at the source for a control period during 2010 through 2014, in the order of recordation;
54.3.b.4. Any CAIR SO2 allowances that were allocated to any entity for a control period during 2010 through 2014 and transferred and recorded in the compliance account pursuant to sections 60 through 62 or Subpart D of 40 CFR Part 73, in the order of recordation;
54.3.b.5. Any CAIR SO2 allowances that were allocated to the units at the source for a control period in 2015 or later, in the order of recordation; and
54.3.b.6. Any CAIR SO2 allowances that were allocated to any entity for a control period in 2015 or later and transferred and recorded in the compliance account pursuant to sections 60 through 62 or Subpart D of 40 CFR Part 73, 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 SO2 source has excess emissions, the Administrator will deduct from the source's compliance account the tonnage equivalent in CAIR SO2 allowances, allocated for the control period in the immediately following calendar year, equal to, or exceeding in accordance with subdivisions 54.3.a and 54.3.b, the sum of the following amount: three times the number of tons of the source's excess emissions minus, if the source is subject to an Acid Rain emissions limitation, the amount of the CAIR SO2 allowances required to be deducted under paragraph 54.2.a.2.
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 SO2 source or the CAIR SO2 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 SO2 Trading Program and make appropriate adjustments of the information in the submissions.
54.6.b. The Administrator may deduct CAIR SO2 allowances from or transfer CAIR SO2 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. § 45-41-54