CSR 45-40-54. Compliance with CAIR NOX Emissions Limitation

§45-40-54. Compliance with CAIR NOX Emissions Limitation. 54.1. Allowance transfer deadline. -- The CAIR NOX Ozone Season allowances are available to be deducted for compliance with a source’s CAIR NOX Ozone Season emissions limitation for an ozone season in a given calendar year only if the CAIR NOX Ozone Season allowances: 54.1.a. Were allocated for the ozone season 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 ozone season or are transferred into the compliance account by a CAIR NOX Ozone Season allowance transfer correctly submitted for recordation under sections 60 and 61 by the allowance transfer deadline for the ozone season. 54.2. Deductions for compliance. -- Following the recordation, in accordance with section 61, of CAIR NOX Ozone Season allowance transfers submitted for recordation in a source’s compliance account by the allowance transfer deadline for an ozone season, the Administrator will deduct from the compliance account CAIR NOX Ozone Season allowances available under subsection 54.1 in order to determine whether the source meets the CAIR NOX Ozone Season emissions limitation for the ozone season as follows: 54.2.a. Until the amount of CAIR NOX Ozone Season allowances deducted equals the number of tons of total nitrogen oxides emissions, determined in accordance with sections 70 through 75, from all CAIR NOX Ozone Season units at the source for the ozone season; or 54.2.b. If there are insufficient CAIR NOX Ozone Season allowances to complete the deductions in subdivision 54.2.a, until no more CAIR NOX Ozone Season allowances available under subsection 54.1 remain in the compliance account. 54.3. Identification of CAIR NOX Ozone Season allowances by serial number. 54.3.a. The CAIR authorized account representative for a source’s compliance account may request that specific CAIR NOX Ozone Season allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for an ozone season in accordance with subsections 54.2 or 54.4. Such request must be submitted to the Administrator by the allowance transfer deadline for the ozone season and include, in a format prescribed by the Administrator, the identification of the CAIR NOX Ozone Season source and the appropriate serial numbers. 54.3.b. First-in, first-out. -- The Administrator will deduct CAIR NOX Ozone Season 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 NOX Ozone Season 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 NOX Ozone Season allowances that were allocated to the units at the source, in the order of recordation; and then 54.3.b.2. Any CAIR NOX Ozone Season 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 an ozone season in a calendar year in which the CAIR NOX Ozone Season source has excess emissions, the Administrator will deduct from the source’s compliance account an amount of CAIR NOX Ozone Season allowances, allocated for the ozone season in the immediately following calendar year, equal to three times the number of tons of the source’s excess emissions. 54.4.b. For the 2008 ozone season in which a NOX Budget unit has excess emissions, the Administrator will deduct from the source’s compliance account an amount of CAIR NOX Ozone Season allowances, allocated for the 2009 ozone season, equal to three times the number of tons of the unit’s excess emissions. 54.4.c. Any allowance deduction required under subdivisions 54.4.a or 54.4.b will not affect the liability of the owners and operators of the CAIR NOX Ozone Season source or the CAIR NOX Ozone Season 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 NOX Ozone Season Trading Program and make appropriate adjustments of the information in the submissions. 54.6.b. The Administrator may deduct CAIR NOX Ozone Season allowances from or transfer CAIR NOX Ozone Season 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.