The West Virginia Department of Environmental Protection shall propose a legislative rule for promulgation in accordance with 29A-3-1 of this code to implement the Affordable Clean Energy rule, consisting of Emission Guidelines for Greenhouse Gas, Emissions from Existing Electric Utility Generating Units (EGUs) pursuant to the federal Clean Air Act, section 111(d). The proposed rule shall be filed with the Secretary of State in time for consideration during the 2021 legislative session. Notwithstanding any provision to the contrary, the agency shall submit a complete or partial state compliance plan to the federal Environmental Protection Agency no later than September 1, 2020, which may be comprised of one or more EGU facilities that are voluntarily prepared to move forward with a compliance plan for one or more of their EGUs.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 5. Air Pollution Control
§22-5-1. Declaration of Policy and Purpose
§22-5-4. Powers and Duties of Director; and Legal Services; Rules
§22-5-6. Penalties; Recovery and Disposition; Duties of Prosecuting Attorneys
§22-5-7. Applications for Injunctive Relief
§22-5-11a. Activities Authorized in Advance of Permit Issuance
§22-5-12. Operating Permits Required for Stationary Sources of Air Pollution
§22-5-13. Consolidation of Permits
§22-5-14. Administrative Review of Permit Actions
§22-5-15. Motor Vehicle Pollution, Inspection and Maintenance
§22-5-16. Small Business Environmental Compliance Assistance Program, Compliance Advisory Panel
§22-5-17. Interstate Ozone Transport
§22-5-18. Market-Based Banking and Trading Programs, Emissions Credits; Director to Promulgate Rules