CSR 45-40-6. Standard Requirements

§45-40-6. Standard Requirements. 6.1. Permit requirements. 6.1.a. The CAIR designated representative of each CAIR NOX Ozone Season source required to have a Title V operating permit and each CAIR NOX Ozone Season 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 NOX Ozone Season source required to have a Title V operating permit and each CAIR NOX Ozone Season 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 NOX Ozone Season source that is not otherwise required to have a Title V operating permit and each CAIR NOX Ozone Season 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 NOX Ozone Season source and such CAIR NOX Ozone Season unit. 6.2. Monitoring, reporting, and recordkeeping requirements. 6.2.a. The owners and operators, and the CAIR designated representative, of each CAIR NOX Ozone Season source and each CAIR NOX Ozone Season 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 NOX Ozone Season source with the CAIR NOX Ozone Season emissions limitation under subsection 6.3. 6.3. Nitrogen oxides ozone season emission requirements. 6.3.a. As of the allowance transfer deadline for an ozone season, the owners and operators of each CAIR NOX Ozone Season source and each CAIR NOX Ozone Season unit at the source must hold, in the source’s compliance account, CAIR NOX Ozone Season allowances available for compliance deductions for the ozone season under subsection 54.1 in an amount not less than the tons of total nitrogen oxides emissions for the ozone season from all CAIR NOX Ozone Season units at the source, as determined in accordance with sections 70 through 75. 6.3.b. A CAIR NOX Ozone Season unit will be subject to the requirements under subdivision 6.3.a for the ozone season starting on the later of May 1, 2009 or the deadline for meeting the unit’s monitor certification requirements under subdivisions 70.2.a, 70.2.b, 70.2.c, or 70.2.g and for each ozone season thereafter. 6.3.c. A CAIR NOX Ozone Season allowance will not be deducted, for compliance with the requirements under subdivision 6.3.a, for an ozone season in a calendar year before the year for which the CAIR NOX Ozone Season allowance was allocated. 6.3.d. CAIR NOX Ozone Season allowances will be held in, deducted from, or transferred into or among CAIR NOX Ozone Season Allowance Tracking System accounts in accordance with sections 51 through 62. 6.3.e. A CAIR NOX Ozone Season allowance is a limited authorization to emit one ton of nitrogen oxides in accordance with the CAIR NOX Ozone Season Trading Program. No provision of the CAIR NOX Ozone Season 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 NOX Ozone Season 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 NOX Ozone Season allowance to or from a CAIR NOX Ozone Season source’s compliance account is incorporated automatically in any CAIR permit of the source. 6.4. Excess emissions requirements. – If a CAIR NOX Ozone Season source emits nitrogen oxides during any ozone season in excess of the CAIR NOX Ozone Season emissions limitation, then: 6.4.a. The owners and operators of the source and each CAIR NOX Ozone Season unit at the source will surrender the CAIR NOX Ozone Season 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 ozone season will constitute a separate violation of this rule, the CAA, and W. Va. Code §22-5-1 et seq. 6.4.c. If a NOX budget unit under 45CSR1 or 45CSR26 emits nitrogen oxides during the 2008 ozone season in excess of the NOX budget emissions limitation, then the owners and operators of each such NOX budget unit will surrender CAIR NOX Ozone Season allowances allocated for the 2009 ozone season in an amount required for deduction under subdivision 54.4.b 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. Each ton of such excess emissions and each day of the 2008 ozone season 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 NOX Ozone Season source and each CAIR NOX Ozone Season 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 NOX Ozone Season 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 NOX Ozone Season 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 NOX Ozone Season Trading Program or to demonstrate compliance with the requirements of the CAIR NOX Ozone Season Trading Program. 6.5.b. The CAIR designated representative of a CAIR NOX Ozone Season source and each CAIR NOX Ozone Season unit at the source will submit the reports required under the CAIR NOX Ozone Season Trading Program, including those under sections 70 through 75. 6.6. Liability. 6.6.a. Each CAIR NOX Ozone Season source and each CAIR NOX Ozone Season unit must meet the requirements of the CAIR NOX Ozone Season Trading Program. 6.6.b. Any provision of the CAIR NOX Ozone Season Trading Program that applies to a CAIR NOX Ozone Season source or the CAIR designated representative of a CAIR NOX Ozone Season source will also apply to the owners and operators of such source and of the CAIR NOX Ozone Season units at the source. 6.6.c. Any provision of the CAIR NOX Ozone Season Trading Program that applies to a CAIR NOX Ozone Season unit or the CAIR designated representative of a CAIR NOX Ozone Season unit will also apply to the owners and operators of such unit. 6.7. Effect on other authorities. -- No provision of the CAIR NOX Ozone Season 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 NOX Ozone Season source or CAIR NOX Ozone Season unit from compliance with any other provision of the applicable, approved state implementation plan, a state or federally enforceable permit, order, or the CAA.