W. Va. Code R. § 45-28-14

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

Section 45-28-14 - Emission Trading Registry; Registration Fees

14.1. The director shall establish and maintain a publicly available emission trading registry for all of the following purposes :

14.1.a. Registering emission reductions to generate emission reduction credits.

14.1.b. Recording and tracking the use and trading of emission reduction credits.

14.1.c. Registering emission reductions and emission reduction credits contributed to the state for retirement or discounted as an air quality benefit pursuant to section 11 and subsection 15.3.

14.2. The emission trading registry shall contain the information required by subsections 12.3, 13.2, and 13.3 and the effective date and the life of the emission reduction credits that have been or will be generated.

14.3. The emission trading registry shall be continually updated by the director.

14.4. The director shall make program activity information publicly available through continuous updates to the emission trading registry.

14.5. The responsible official who certified the generation, use, or trade of emission reduction credits shall have five (5) business days after the day of posting on the emission trading registry to notify the director of any data entry errors by the director and necessary corrections to the information posted on the emission trading registry. The director shall promptly correct any data entry errors on the emission trading registry.

14.6. Any person seeking registration of emission reduction credits in the registry shall pay to the director a registration fee in accordance with this subsection within thirty (30) days of notification by the director of registration completeness as provided under subsection 12.5. Emission reduction credits shall not be listed in the registry by the director until payment of such fee is received by the director. A fee of two dollars ($2.00) per ton of emission reductions credits registered shall be paid for emission reductions credits registered between the effective date of this rule and the end of the first full state fiscal year following the effect date of this rule. Beginning on July 1 of the subsequent state fiscal year and on July 1 of each year thereafter, the director shall establish a registration fee for each pollutant, not to exceed six dollars ($6.00) per ton registered, to cover, to the extent possible, the projected cost for establishing and administering the emission trading program. Fees shall not be refunded for emission reductions credits withdrawn from the registry.

14.7. The director may invalidate, revise or remove emission reduction credits from the registry as provided in this rule or to conform to other federal or state rules under the Code and the federal clean air act requiring such action.

W. Va. Code R. § 45-28-14