W. Va. Code R. § 45-28-12

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

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

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.

12.4. The notice required under this rule shall be accompanied by a certification by the responsible official of all of the following:

12.4.a. That to the best of the responsible official=s knowledge, the information contained in the notice is true, accurate, and complete.

12.4.b. That the emission reductions generated are real, surplus, enforceable, permanent, and quantifiable.

12.4.c. That the emission reduction strategy began on or before the period of emission reduction credit generation start date specified in a notice determined to be complete by the director, and that the emission reduction strategy will either continue through, or will terminate upon, the period of emission reduction credit end date specified in a notice determined to be complete by the director .

12.4.d. That the emission reductions were not used elsewhere as emission reduction credits or retired.

12.4.e. That the emission reduction credits and any associated emission increases or decreases have been calculated in accordance with an emission quantification protocol meeting the requirements of this rule and comply with all eligibility, prohibition and limitation provisions of this rule.

12.4.f. That emission reductions being registered from a source shutdown or curtailment will not result in emission increases from other sources, processes, or process equipment under common control.

12.5. The notice and certification required under this rule shall be submitted to the director by certified mail or, if authorized by the director, electronically for a determination of completeness. Within sixty (60) days of receipt of the notice and certification for emission reductions generated after the effective date of this rule, the director shall make a determination and provide a written response to the person submitting the notice and certification as to the completeness of the submittal. For emission reductions generated before the effective date of this rule, the director shall make such determination and provide a written response within one hundred and eighty (180) days of receipt of the notice and certification. A determination of completeness or incompleteness made by the director shall be considered a final agency decision subject to review by the air quality board pursuant to the Code and W. Va. Code '22B-1-1 et seq. A determination of completeness does not constitute an approval by the director. The director shall notify the person requesting registration of emission reduction credits of the amount of registration fees required pursuant to subsection 14.6 within the notice of completeness provided under this subsection. Within five (5) business days of the date of receipt of payment of the required registration fee the director shall enter the information required by section 14 in the emission trading registry. Immediately upon entry in the emission trading registry, the information in the notice and certification shall be available to the public, except for information that is determined to be confidential under W. Va. Code '22-5-10 and 45CSR31. If the notice and certification are determined by the director to be incomplete, the proposed emission reductions are not eligible to generate emission reduction credits and no registration fee shall be assessed. A notice of incompleteness shall not preclude or prejudice a person from submitting a corrected or revised notice and certification.

12.6. The methods used, or operational changes made, to create emission reductions for the generation of emission reduction credits for which a complete notice and certification is submitted to the director shall become legally enforceable operating requirements upon the start date of the period of emission reduction credit generation, specified in a notice determined to be complete by the director. The methods used and operational changes made to reduce emissions and the conditions and requirements for the generation of emission reduction credits shall continue to be legally enforceable operating requirements throughout the period of emission reduction credit generation, and shall be incorporated into an operating permit, permit to construct/modify, or permit to operate if required by the Code, rules promulgated thereunder, or the federal clean air act.

12.7. The notice of intent required by subdivision 7.1.d. shall be received by the director not later than the date sixty (60) calendar days after the effective date of this rule and shall contain the following information:

12.7.a. The names, unit identification numbers (if any) and location, by address and county, of the sources, processes, or process equipment that have been shutdown for which emission reduction credit registration is intended;

12.7.b. The month and year in which the sources identified in subdivision 12.7.a were shutdown; and

12.7.c. For each pollutant for which emission reduction credit registry will be sought, an estimate of the maximum amount of emissions reductions, in tons, which are associated with each source, process, or process equipment shutdown.

W. Va. Code R. § 45-28-12