W. Va. Code R. § 45-28-13

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

Section 45-28-13 - Registration of Use, Trading or Retirement of Emission Reduction Credits

13.1. A person applying to use, trade or retire emission reduction credits under the provisions of this rule shall provide prior notice to the director.

13.2. The notice to use emission reduction credits shall utilize a form provided by the director and include all of the following information:

13.2.a. The name and location, by address and county, of the source, process, or process equipment at which the emission reduction credits are proposed to be used.

13.2.b. The name, address, and telephone number of the responsible official providing notice of the proposed use or trading of emission reduction credits.

13.2.c. The number of emission reduction credits to be used at each source, process or process equipment unit in tons per year or tons per ozone season and the maximum short-term emission rate that will occur during the emission reduction credit use period based upon the underlying applicable requirement or otherwise provided in this rule.

13.2.d. A description of the source, process, or process equipment at which the emission reduction credits are proposed to be used.

13.2.e. A specific identification of the proposed use.

13.2.f. A copy of the notice or notices of emission reduction credit generation and, if applicable, emission reduction credit transfer/trade corresponding to the emission reduction credits which are proposed to be used.

13.2.g. An identification of all applicable requirements being complied with through the use of emission reduction credits and the emission monitoring and quantification protocols used to quantify emissions and to determine compliance with all applicable requirements.

13.2.h. The effective dates of use of the emission reduction credits, and calculations demonstrating compliance through the use of emission reduction credits.

13.2.i. The air quality analysis required under subsection 4.1. This analysis must utilize the short-term emission rate(s) provided under subdivision 13.2.c.

13.2.j. If the new or increased emissions or emission overages at the sources using emission reduction credits entails or includes emissions of a hazardous air pollutant at such sources, such hazardous air pollutant must be identified and quantified.

13.2.k. A copy of an affidavit of publication for a legal ad published in a newspaper of general circulation in the area where the credits will be used notifying the public of the intent to use emission reduction credits, and including a summary of the information in subdivisions 13.2.a., 13.2.b., 13.2.c., 13.2.h., and 13.2.j.

13.2.l. Any other information required on the form provided by the director which the director has found reasonably necessary to determine if the proposed use of emission reduction credits complies with the Code and applicable state and federal rules.

13.3. The notice to trade or retire emission reduction credits shall include all of the following information:

13.3.a. The name and mailing address of the company which is proposing to trade or retire the emission reduction credits.

13.3.b. The name, address, and telephone number of the responsible official providing notice of the proposed trade or retirement of emission reduction credits.

13.3.c. The name and mailing address of the company which is proposing to receive the emission reduction credits (for trading only).

13.3.d. The name, address, and telephone number of the contact person for the company which is proposing to receive the emission reduction credits (for trading only).

13.3.e. An identification of the registry series number corresponding to the emission reduction credits which are proposed to be traded or retired.

13.3.f. The number of emission reduction credits by pollutant, in tons per year or tons per ozone season, which are proposed to be traded or retired.

13.4. Each of the notices required by subsections 13.2 and 13.3 shall be accompanied by a certification, by the responsible official, that the information contained in the notice is true, accurate, and complete. Where notice to use emission reduction credits is being provided pursuant to subsection 13.2, a certification that the source, process, or process equipment shall be operated in compliance with all applicable requirements and the conditions and requirements for the use of emission reduction credits under this rule shall also be included, provided that certification does not have to assert that the use of emission reduction credits is consistent with attainment area maintenance plans or nonattainment area reasonable further progress requirements or attainment demonstrations.

13.5. The notices and certifications required by subsections 13.2, 13.3, and 13.4 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, 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. 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. If the notice is determined to be complete, the director shall, within five (5) business days, enter the information required by section 14 into the emission trading registry. The information in the notice and the certification shall be available to the public immediately upon entry in the emission trading registry, except for information that is determined to be confidential under W. Va. Code '22-5-10 and 45CSR31. If the notice is determined by the director to be incomplete, the proposed use or trade of emission reduction credits shall not occur. A notice of incompleteness shall not preclude or prejudice a person from submitting a corrected or revised notice and certification.

13.6. The director shall not issue a notice of completeness for a proposed use of emission reduction credits until he or she determines that the air quality protection and maintenance provisions of subsection 4.1 are satisfied based upon the information contained in the notice required by subsection 13.2 and/or the director=s independent analyses of air quality impacts and attainment and maintenance plan requirements for the areas affected by the emission reduction credits use. The director shall send a written response to the person who submitted the notice of use and certification determined to be inconsistent with the provisions of subsection 4.1 explaining why the determination was made. A determination of inconsistency with the provisions of subsection 4.1 by the director shall not preclude or prejudice a person applying to use emission reduction credits from submitting a revised notice and certification to address the inconsistencies identified by the director.

13.7. The methods used, operational changes made and maximum short-term emission rates established to accommodate the use of emission reduction credits for which a complete notice is submitted to the director pursuant to subsection 13.2 shall become legally enforceable operating requirements upon the effective date of the notice of completeness issued by the director, or the beginning date of the emission reduction credit use period specified in a notice determined to be complete by the director. The conditions and requirements for the use of emission reduction credits shall continue to be legally enforceable operating requirements throughout the emission reduction credit use period, and shall be incorporated into a permit to construct/modify or an operating permit as required by the Code, rules promulgated thereunder, or the federal clean air act.

13.8. A person who uses emission reduction credits under this rule shall include the price paid for the emission reduction credits in the notice required by subsection 13.2 or by separate notice to the director within seven (7) business days of the starting date of the use period.

13.9. A person who has registered the use of emission reduction credits with the director shall be allowed a period of time, not to exceed sixty (60) days, commencing with the end of the use period specified in the notice of use to amend the notice of use and submit a notice and certification under section 12 to register any unused emission reduction credits in excess of the quantity needed for the uses specified in the original notice of use.

13.10. If a facility proposing to use emission reduction credits is located within one hundred (100) kilometers of any Class I area, the notice provided to the director under this subsection for emission reduction credit use shall be provided to the federal land manager for such Class I area at the time that it is submitted to the director.

W. Va. Code R. § 45-28-13