CSR 45-43-5. Requirements for the CSAPR NOX Ozone Season Group 3 Trading Program

§45-43-5. Requirements for the CSAPR NOX Ozone Season Group 3 Trading Program. 5.1. No person may construct, reconstruct, modify, or operate or cause to be constructed, reconstructed, modified, or operated any source subject to the provisions of 40 C.F.R. part 97, subpart GGGGG which results or will result in a violation of this rule. 5.2. Trading budgets. For each control period in 2026 through 2029, the West Virginia NOX Ozone Season Group 3 preset trading budgets are as follows, except as provided in subdivision 5.2.5. 5.2.1. The preset trading budget for the 2026 period is 10,818 tons; 5.2.2. The preset trading budget for the 2027 period is 9,678 tons; 5.2.3. The preset trading budget for the 2028 period is 9,678 tons; 5.2.4. The preset trading budget for the 2029 period is 9,678 tons 5.2.5. If the preset trading budget indicated for a given control period is less than the dynamic trading budget for West Virginia referenced in the applicable notice promulgated in accordance with 40 C.F.R. § 97.1010(a)(4)(v)(C), then the West Virginia NOX Ozone Season Group 3 trading budget for the control period shall be the dynamic trading budget referenced in the applicable notice promulgated in accordance with 40 C.F.R. § 97.1010(a)(4)(v)(C). 5.3. For each control period in 2030 and thereafter, the West Virginia NOX Ozone Season Group 3 trading budget shall be the dynamic trading budget for West Virginia referenced in the applicable notice promulgated in accordance with 40 C.F.R. § 97.1010(a)(4)(v)(C). 5.4. The Administrator will calculate the dynamic trading budget for West Virginia for each control period in 2026 and thereafter in the year before the year of the control period in accordance with 40 C.F.R. § 97.1010(a)(4). 5.5. New unit set-asides. The new unit set-aside for allocations of CSAPR NOX Ozone Season Group 3 allowances for West Virginia for each control period in 2023 and thereafter shall be calculated as the product (rounded to the nearest allowance) of the West Virginia NOX Ozone Season Group 3 trading budget and control period established in accordance with subsections 5.2 through 5.4 multiplied by 0.05, for each control period in 2026 and thereafter. 5.6. Variability limits. The variability limit for the West Virginia NOX Ozone Season Group 3 trading budget for each control period in 2023 and thereafter shall be calculated as the product (rounded to the nearest ton) of the West Virginia NOX Ozone Season Group 3 trading budget and control period established in accordance with subsections 5.2 through 5.4 multiplied by the greater of subdivision 5.6.1 or 5.6.2. 5.6.1. 0.21; or 5.6.2. Any excess over 1.00 of the quotient (rounded to two decimal places) of paragraphs 5.6.2.a and 5.6.2.b. 5.6.2.a. The sum for all CSAPR NOX Ozone Season Group 3 units in West Virginia of the total heat input reported for the control period in MMBtu, divided by 5.6.2.b. The state-level total heat input amount used in the calculation of the West Virginia NOX Ozone Season Group 3 trading budget for control period in MMBtu, as identified in accordance with 5.6.3. 5.6.3. For purposes of paragraph 5.6.2.b, the state-level total heat input amount used in the calculation of the West Virginia NOX Ozone Season Group 3 trading budget for a given control period shall be identified as follows: 5.6.3.a. For control periods in 2026 through 2029 if the West Virginia NOX Ozone Season Group 3 trading budget and control period under subsection 5.2 is the preset trading budget set forth in subdivisions 5.2.1 through 5.2.4, the state-level total heat input amounts shall be 273,151,957 MMBtu. 5.6.3.b. For a control period in 2026 through 2029 if the West Virginia NOX Ozone Season Group 3 trading budget for the control period under subsection 5.2 is the dynamic trading budget for the State and control period referenced in the applicable notice promulgated in accordance with 40 C.F.R. 97 § 1010(a)(4)(v)(C), and for a control period in 2030 and thereafter, the state-level total heat input amount shall be the amount for West Virginia and the control period calculated in accordance with 40 C.F.R. 97 § 1010(a)(4)(ii)(B)(2). 5.7. Relationship of trading budgets, set-asides, and variability limits. The West Virginia NOX Ozone Season Group 3 trading budget includes any tons in a new unit set-aside but does not include any tons in a variability limit.