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 45-28-13 - Registration of Use, Trading or Retirement of Emission Reduction Credits

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A person
				applying to use, trade or retire emission reduction credits under the
				provisions of this rule shall provide prior notice to the director.
13.2. The notice to use emission reduction
				credits shall utilize a form provided by the director and include all of the
				following information:
13.2.a. The name and
				location, by address and county, of the source, process, or process equipment
				at which the emission reduction credits are proposed to be used.
13.2.b. The name, address, and telephone
				number of the responsible official providing notice of the proposed use or
				trading of emission reduction credits.
13.2.c. The number of emission reduction
				credits to be used at each source, process or process equipment unit in tons
				per year or tons per ozone season and the maximum short-term emission rate that
				will occur during the emission reduction credit use period based upon the
				underlying applicable requirement or otherwise provided in this rule.
13.2.d. A description of the source, process,
				or process equipment at which the emission reduction credits are proposed to be
				used.
13.2.e. A specific
				identification of the proposed use.
13.2.f. A copy of the notice or notices of
				emission reduction credit generation and, if applicable, emission reduction
				credit transfer/trade corresponding to the emission reduction credits which are
				proposed to be used.
13.2.g. An
				identification of all applicable requirements being complied with through the
				use of emission reduction credits and the emission monitoring and
				quantification protocols used to quantify emissions and to determine compliance
				with all applicable requirements.
13.2.h. The effective dates of use of the
				emission reduction credits, and calculations demonstrating compliance through
				the use of emission reduction credits.
13.2.i. The air quality analysis required
				under subsection 4.1. This analysis must utilize the short-term emission
				rate(s) provided under subdivision 13.2.c.
13.2.j. If the new or increased emissions or
				emission overages at the sources using emission reduction credits entails or
				includes emissions of a hazardous air pollutant at such sources, such hazardous
				air pollutant must be identified and quantified.
13.2.k. A copy of an affidavit of publication
				for a legal ad published in a newspaper of general circulation in the area
				where the credits will be used notifying the public of the intent to use
				emission reduction credits, and including a summary of the information in
				subdivisions 13.2.a., 13.2.b., 13.2.c., 13.2.h., and 13.2.j.
13.2.l. Any other information required on the
				form provided by the director which the director has found reasonably necessary
				to determine if the proposed use of emission reduction credits complies with
				the Code and applicable state and federal rules.