Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-19-9 - Administrative Procedures for Emission Offset Proposals9.1. Emission offsets may be proposed by the applicant for the proposed major stationary source or major modification, the local community or the Secretary. 9.1.a. The emission offsets committed to must be accomplished by the applicant's proposed start-up date, except when such proposed source is a replacement for a source that is being shut down in order to provide the necessary benefits; in such cases the Secretary may allow up to one hundred eighty (180) days for shakedown of the new source before the existing source is required to cease operation. Such an allowance must be requested by the applicant and contained, if granted, within the construction permit.9.1.b. If the emission reductions which are to be used as offset credit for a proposed major stationary source or major modification are to be obtained in a State that neighbors West Virginia, or from another source at another site not controlled by the applicant, the offsets committed to must be embodied in a USEPA approved State Implementation Plan revision in the neighboring State and must be federally enforceable and enforceable by both such neighboring State and the Secretary and at all participating sources.9.2. The applicant may propose emission offsets which involve:9.2.a. Reductions from sources controlled by the applicant; or9.2.b. Reductions from neighboring sources not controlled by the applicant.9.3. A state or local community which desires that a major stationary source or major modification locate in its area may commit to reducing emissions from existing sources to sufficiently offset the impact of such proposed source.9.4. Any emission offset proposal described in subsection 9.2 must be embodied either in the applicant's permit application and permit if such offsets are directly controlled by the applicant or if from neighboring sources located in the State not controlled by the applicant, in a consent order as provided in W.Va. Code § 22-5-5, which such consent order shall be submitted to the USEPA for inclusion in the State Implementation Plan.