West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-28 - Air Pollutant Emissions Banking And Trading › Section 45-28-15 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Notwithstanding another person's liability, negligence, or false
				representation, a person who owns or operates a source, process, or process
				equipment and who participates in the generation, use, or trading of emission
				reduction credits under this rule shall be solely responsible to assure that
				any affected source, process, or process equipment under his or her ownership
				or control is in compliance with all applicable requirements.
15.2. A person who, without being notified by
				the director, discovers and provides a written notice of insufficient emissions
				reductions to the director stating that the overall emission reductions
				achieved by the emission reduction credits generated and registered, used, or
				traded by the person are not real, surplus, enforceable, permanent, and
				quantifiable may be provided a reconciliation period of not more than thirty
				(30) days, if all of the following conditions are met and the director
				determines that the person has acted in good faith:
15.2.a. The circumstances causing the
				emission reductions not to be real, surplus, enforceable, permanent, or
				quantifiable have not occurred before.
15.2.b. The notice of insufficient reductions
				is provided to the director within thirty (30) days of the discovery that the
				emission reductions are not real, surplus, enforceable, permanent, or
				quantifiable.
15.2.c. The notice of
				insufficient reductions shall include all of the following information:
15.2.c.1. A detailed description of how, and
				the date when, the insufficient reductions were discovered.
15.2.c.2. An explanation of the cause of the
				insufficient reductions.
15.2.c.3.
				A statement of the necessary corrective actions taken or to be taken and the
				time when the actions were completed or a schedule describing when the actions
				will be taken and completed.
15.2.c.4. A revised notice and certification
				of emission reduction credit generation.
15.2.c.5. Certification by a responsible
				official that, to the best of the responsible official=s knowledge, the
				information in the notice of insufficient reductions is true, accurate, and
				complete.
15.2.d. Upon
				submitting the notice of insufficient reductions, the person submitting the
				notice shall do one of the following, as applicable:
15.2.d.1. If emission reduction credits were
				or are being used or traded, then the person submitting the notice shall,
				within thirty (30) days, either implement and register emission reductions or
				obtain emission reduction credits sufficient to compensate for the number of
				emission reduction credits that were not real, surplus, enforceable, permanent,
				and quantifiable. Reconciliation of emission reduction credits shall be on the
				same basis, either tons per year or tons per ozone season, as credits found not
				to be real, surplus, enforceable, permanent, and quantifiable.
15.2.d.2. If emission reductions have been
				registered but the associated emission reduction credits have not been used or
				traded, then the person submitting the notice shall, concurrent with the
				submittal of the notice of insufficient reductions, submit a revised notice of
				emission reduction credit generation or written request for the director to
				withdraw the emission reduction credits from the emission trading
				registry.