CSR 45-40-1. General

§45-40-1. General. 1.1. Scope. -- This rule establishes: 1.1.a. General provisions and the designated representative, permitting, allowance and monitoring provisions for the state CAIR NOX Ozone Season Trading Program pursuant to the federal Clean Air Interstate Rule (CAIR) under Section 110 of the Clean Air Act (CAA), 40 CFR Part 96, Subparts AAAA through HHHH, and 40 CFR §51.123 for state implementation plans as a means of mitigating interstate transport of ozone and nitrogen oxides (NOX). The Secretary of the Department of Environmental Protection authorizes the Administrator of the United States Environmental Protection Agency to assist the Secretary in implementing the multi-state CAIR NOX Ozone Season Trading Program in West Virginia by carrying out the functions set forth for the Administrator in this rule and 40 CFR Part 51. The CAIR NOX Annual Trading Program requirements are set forth in 45CSR39; 1.1.b. General provisions and the definitions, applicability, ozone season NOX reduction, compliance plan, monitoring, recordkeeping and reporting requirements for emissions of NOX from affected stationary internal combustion engines set forth in section 90. These engines are not subject to or eligible for participation in the CAIR NOX Ozone Season Trading Program provided in sections 4 through 88; and 1.1.c. General provisions and the definitions, applicability, standard requirements, reporting, monitoring, recordkeeping and exemption requirements for emissions of NOX from applicable cement manufacturing kilns set forth in section 100. These cement manufacturing kilns are not subject to or eligible for participation in the CAIR NOX Ozone Season Trading Program provided in sections 4 through 75. 1.2. Authority. -- W. Va. Code §22-5-4. 1.3. Filing Date. -- April 14, 2008. 1.4. Effective Date. -- May 1, 2008. 1.5. Numbering and text breakdown. -- This rule generally meets the numbering, indentation and text breakdown requirements set forth in 153CSR6. However, its numbering structure intentionally follows the numbering structure of 40 CFR Part 96, Subparts AAAA through, HHHH resulting in several minor areas of nonconformity with 153CSR6. 1.6. Relationship with other rules. -- On April 30, 2009, 45CSR1 - “Control and Reduction of Nitrogen Oxides from Non-Electric Generating Units as a Means to Mitigate Transport of Ozone Precursors” and 45CSR26 - “NOX Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Electric Generating Units” will be repealed if authorized by the Legislature. Provisions relating to ozone season NOX reduction requirements for applicable units under 45CSR1 and 45CSR26 shall not apply to the ozone season beginning in 2009 and any ozone season thereafter. The CAIR NOX Ozone Season Trading Program established by this rule commences May 1, 2009, replacing the ozone season NOX reduction requirements under 45CSR1 and 45CSR26 for such units. In the period between the effective date of this rule and the date 45CSR1 and 45CSR26 are repealed, certain provisions of this rule are applicable to these units. 1.7. Former Rules. -- This legislative rule amends 45CSR40 - “Control of Ozone Season Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone and Nitrogen Oxides” which was filed April 28, 2006, and which became effective May 1, 2006.