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 45-28-6 - Emission Reduction Credit Baseline

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The emission baseline from which
				emission reduction credits may be generated shall be established to determine
				the amount of actual emissions from a source, process, or process equipment
				before the initiation of an activity to reduce emissions for the purposes of
				creating emission reduction credits. The emission baseline shall be expressed
				in tons of pollutant emitted per ozone season or per year.
6.2. The emission baseline from which
				emission reduction credits may be generated shall be determined by using the
				most representative, accurate, and reliable process and emission data available
				for the source, process, or process equipment according to the following
				hierarchy:
6.2.a. When required to demonstrate
				compliance with an applicable requirement or where such measurement is
				practicable and reasonable, continuous emission monitoring or other direct
				measurement, parametric monitoring, or other surrogates for the measurement of
				emissions shall be used to determine the emission baseline. The baseline shall
				be established for the 2-year period or two (2) ozone seasons before the date
				that an emission reduction occurs, unless it can be demonstrated to the
				director that a different time period is more representative of historical
				operations and is consistent with the state implementation plan.
6.2.b. Where continuous emission monitoring
				or other direct measurement, parametric monitoring, or other surrogate
				measurement of emissions is not required by an applicable requirement or is not
				practical and reasonable, the emissions shall be calculated according to
				whichever of the following provisions is applicable:
6.2.b.1. For a stationary source, the
				emission baseline shall be established by using process and emission data for a
				source, process, or process equipment for the 2-year period or two (2) ozone
				seasons before the date that an emission reduction occurs, unless it can be
				demonstrated to the director that a different time period is more
				representative of historical operations and is consistent with the state
				implementation plan. The emission baseline from which emission reduction
				credits may be generated shall be measured using an emission monitoring and
				quantification protocol which satisfies the requirements of section 8. The
				emission baseline shall be determined by using actual emission data or
				operational parameters of process equipment, actual operating hours, production
				rates and quantities of materials processed, stored, or combusted, and the
				emission monitoring methods specified by an applicable requirement or approved
				by the director. The stationary source baseline shall be calculated by using
				the following equation:
BL=ERxCUxH
Where:
BL = Baseline, expressed in tons of pollutant per ozone
				  season or year, whichever is applicable.
ER = The lower of the actual or allowable emission rate for
				  the source, process, or process equipment, expressed as the quantity of
				  emissions per unit of production, time, or other parameter consistent with the
				  units of the capacity utilization factor and calculated pursuant to this
				  subdivision and subsection 6.3.
CU = Capacity utilization factor, which is representative of
				  the historical level of operation or production rate of the source, process, or
				  process equipment based on average historical values calculated pursuant to
				  this subdivision and subsection 6.3. The capacity utilization factor shall not
				  exceed an emission standard or limitation specified by an applicable
				  requirement.
H = Hours of operation of the source, process, or process
				  equipment based on the average of actual operating hours representative of
				  historical operations as determined pursuant to this
				  subdivision.
6.2.b.2. For
				area and mobile sources the emissions baseline shall be determined by
				procedures approved by the director and the United States Environmental
				Protection Agency.