CSR 45-44-1. General

§45-44-1. General. 1.1. Scope. -- 1.1.a. This rule regulates greenhouse gas emissions, in the form of carbon dioxide, from existing coal-fired electric generating units that commenced construction on or before January 8, 2014 meeting the definition of a designated facility. 1.1.b. This rule establishes applicability criteria, permit application requirements, permit requirements, standards of performance requirements, and monitoring, recordkeeping and reporting requirements for designated facilities to control carbon dioxide emission rates based on the heat rate improvements analysis that can be applied to or at the affected steam generating unit. 1.1.c. This rule implements the federal emission guidelines established at 40 C.F.R. part 60, subpart UUUUa, Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units, commonly referred to as the Affordable Clean Energy (ACE) rule, in accordance with 40 C.F.R. part 60, subpart Ba. The federal emission guidelines establish the best systems of emission reduction (BSER) which, in the judgment of the Administrator, have been adequately demonstrated and provide information on the degree of emission limitation achievable for the designated pollutant. The federal emission guidelines are heat rate improvements which target achieving lower carbon dioxide emission rates at designated facilities. The federal emission guidelines were developed pursuant to section 111(d) of the federal Clean Air Act, as amended. 1.2. Authority. -- W. Va. Code §§ 22-5-4 and 22-5-20. 1.3. Filing Date. -- April 28, 2021. 1.4. Effective Date. -- June 1, 2021. 1.5. Sunset Provision. -- Does not apply. 1.6. Federal Regulation. -- Unless otherwise indicated, where reference to a federal regulation or standard appears in this rule, such regulation or standard will, for the purpose of this rule, be construed as that version which was in effect as of June 1, 2020.