W. Va. Code R. § 45-28-10

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-28-10 - The Use of Emission Reduction Credits Within and Between Geographic Areas and Sources

10.1. Except as otherwise provided by the director or the provisions of subsection 4.1, the use of emission reduction credits may take place within and between geographic areas and source categories as specified in this section.

10.2. Intersector use of emission reduction credits among mobile sources, stationary sources, and area sources may occur, only to the extent allowed under section 3, section 4 and the federal clean air act.

10.3. Emission reduction credits used to provide emission offsets at a new or modified source shall be in compliance with all of the following provisions:

10.3.a. Be generated in the nonattainment area where the new or modified source is to be located or an adjacent nonattainment area of equal or higher classification that contributes to the exceedance of a national ambient air quality standard in the nonattainment area where the new or modified source is to be located.

10.3.b. Be in accordance with sections 173 and 182 of the federal clean air act and 45CSR19. Where emission reduction credits are used to comply with new source review requirements, all of the following conditions shall be met:

10.3.b.1. The director shall approve the use of emission reduction credits that meet the following criteria:

10.3.b.1.A. For a new source, the emission reduction credits shall cover a minimum of 22 years of operation.

10.3.b.1.B. For a modified source, the emission reduction credits shall cover the period of time beginning on the date of issuance of the new source review permit and continuing until the date of issuance or renewal of an operating permit.

10.3.b.1.C. For renewal of an operating permit, the emission reduction credits shall cover a period of five (5) years or the term for which the permit is issued.

10.3.b.2. The new source review permit shall contain an enforceable commitment that, before receiving any operating permit or operating permit renewal, the operating permit shall contain an enforceable condition that requires the source to obtain offsets for a period of five (5) years or the period of time for which the operating permit is issued before continuing to operate.

10.3.b.3. Operating permits shall contain an enforceable condition that requires the source to either provide or obtain additional offsets before renewal of an operating permit and continuing to operate.

10.4. Oxides of nitrogen emission reduction credits may be used under this rule in any area of the state of West Virginia, provided at least one of the following conditions is satisfied:

10.4.a. The emission reduction credits are proposed to be used in the same geographic area where the emission reduction credits were generated.

10.4.b. The geographic area where the emission reduction credits are proposed to be used is an attainment area for nitrogen dioxide.

10.4.c. The geographic area where the emission reduction credits are proposed to be used is a nonattainment or maintenance area for nitrogen dioxide, and the area where the emission reduction credits were generated is an adjacent area which contributes to the nitrogen dioxide air quality problem in the proposed use area.

10.5. Volatile organic compound emission reduction credits are eligible to be used under this rule in any area of the state of West Virginia which is an attainment area for ozone not subject to a maintenance plan.

10.6. The use of volatile organic compound emission reduction credits in an ozone nonattainment or maintenance area shall only be allowed where at least one of the following conditions is satisfied:

10.6.a. The source, process, or process equipment which generated the emission reduction credits is located in the ozone nonattainment or maintenance area where the emission reduction credits are proposed to be used.

10.6.b. The source, process, or process equipment which generated the emission reduction credits is located within 100 kilometers of the nearest border of the nonattainment or maintenance area where the emission reduction credits are proposed to be used.

10.7. The use of other criteria pollutant emission reduction credits shall only be allowed where at least one of the following criteria and the provisions of subsection 4.1 are satisfied:

10.7.a. The emission reduction credits are proposed to be used in the same geographic area where the emission reduction credits were generated.

10.7.b. The geographic area where the emission reduction credits are proposed to be used is an attainment area for the criteria pollutant and the source generating the credits used contributes to air quality in the area impacted by the user source.

10.7.c. The geographic area where emission reduction credits are proposed to be used is a nonattainment or maintenance area for the criteria pollutant, and the area where the emission reduction credits were generated is an adjacent area which contributes to the relevant air quality problem in the proposed use area.

W. Va. Code R. § 45-28-10