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 45-28-12 - Registration of Emission Reductions for the Generation of Emission Reduction Credits to be Used or Traded

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A
				person applying to register emission reductions to generate emission reduction
				credits shall provide, to the director, notice and certification of the
				emission reductions being generated and shall pay a registration fee in
				accordance with section 14 and subsection 12.5.
12.2. For emission reductions generated
				between January 1, 1991 and the effective date of this rule, the notice and
				certification required by subsection 12.1 shall be submitted within twelve (12)
				months of the effective date of this rule.
12.3. The notification required by
				subsections 12.1 and 12.2 shall utilize a form provided by the director and
				include all of the following information:
12.3.a. The name and location, by address and
				county, of the sources, processes, or process equipment at which emission
				reductions have been or will be made and where the records are or will be
				kept.
12.3.b. The name, address,
				and telephone number of the responsible official providing notice and
				certification of the emission reductions being generated.
12.3.c. The total emission reductions, in
				tons per year or tons per ozone season, by pollutant and attainment status for
				the pollutant in the generation source area, to be registered.
12.3.d. An identification of the source,
				process, or process equipment at which the emission reduction occurs to
				generate an emission reduction credit.
12.3.e. A brief description of the method or
				methods used to reduce emissions.
12.3.f. The effective date that the emission
				reduction occurred or will occur and the duration of the emission reduction
				strategy.
12.3.g. Calculations of
				either of the following, as applicable:
12.3.g.1. For emission reductions that have
				already occurred, actual emissions after the emission reduction method has been
				implemented, which shall be calculated in a manner consistent with the method
				used to calculate the baseline.
12.3.g.2. For emission reductions that will
				occur, expected emissions after the proposed emission reduction method is
				implemented, which shall be calculated in a manner consistent with the method
				used to calculate the baseline.
12.3.h. The following documentation shall be
				included for the emission monitoring and quantification protocol required by
				section 8:
12.3.h.1. An identification of all
				applicable emission monitoring and quantification protocols used for purposes
				of emission reduction credit generation and for purposes of determining
				compliance with applicable air quality requirements, where such protocols
				exist. The identification of the specific emission monitoring and
				quantification protocol used to quantify emissions for mobile sources shall be
				provided where applicable.
12.3.h.2. A description of the emission
				monitoring and quantification protocols considered for use under this rule, and
				an explanation of the rationale for using the chosen emission monitoring and
				quantification protocol.
12.3.h.3.
				Example calculations, including both of the following:
12.3.h.3.a. Calculations of baseline
				emissions and emission reductions from the baseline.
12.3.h.3.b. Calculations to substantiate the
				measured activity level during the baseline determination period and the period
				of emission reduction credit generation. Units of operation or activity level
				during both the baseline determination period and the period of emission
				reduction credit generation shall be appropriate for the specified emission
				monitoring and quantification protocol and shall be consistent with each
				other.
12.3.h.4. The
				location of all data, including test runs.
12.3.h.5. An explanation of steps taken to
				address bias.
12.3.h.6. Where use
				of an alternative emission monitoring and quantification protocol is proposed
				in place of an emission monitoring and quantification protocol specified by an
				applicable requirement, technical information to demonstrate that the proposed
				alternative method is at least as credible, accurate, workable, enforceable,
				and replicable as the method specified by the applicable requirement.
12.3.i. If the emission reductions
				which generated the emission reduction credits include reductions of hazardous
				air pollutant emissions or were accompanied by or cause increases in criteria
				air pollutants or hazardous air pollutants, such decreases or increases must be
				identified by pollutant and amount of pollutant. The sources at which such
				increases or decreases occur must also be identified if different than the
				sources identified in subdivision 12.3.d.
12.3.j. Any other information required on the
				form provided by the director which the director has found reasonably necessary
				to determine if the generation of emission reduction credits complies with the
				Code and applicable state and federal rules.