W. Va. Code R. § 45-28-16
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-28-16 - Program Evaluations and Individual Audits16.1. The director shall conduct, or cause to be conducted, an evaluation of the emission trading program established under the provisions of this rule. The evaluation shall be conducted every three (3) years, or more frequently if deemed necessary by the director, to make all of the following emission trading program assessments: 16.1.a. Whether the program is consistent with the maintenance of national ambient air quality standards and has resulted in emission reductions consistent with reasonable further progress towards attainment and maintenance of national ambient air quality standards.16.1.b. Whether requirements for monitoring, recordkeeping, reporting, and enforcement have resulted in a sufficiently high level of compliance.16.1.c. Whether the program has caused any localized adverse effects to the public health, safety, welfare or to the environment, including any disproportionate air quality impacts. This assessment shall include an analysis of the effects of emission trading on the emissions and impacts of toxic or hazardous air pollutant emissions.16.1.d. Whether the program is achieving reductions across a spectrum of sources, including area and mobile sources.16.1.e. Whether provisions for conducting audits of emission reduction credit transactions have resulted in a sufficient number of audits being conducted across a spectrum of sources.16.2. The director shall prepare a report on the evaluation of the program. The director shall seek public input on the findings contained in the evaluation report and shall provide for the public notice of the findings, a public comment period on the findings, and an opportunity for a public hearing on the findings contained in the report.16.3. If, after an evaluation of the program, the director determines that it is necessary to make program modifications, the director, within six (6) months of completion of the evaluation, shall, where appropriate, prepare a draft program revision for submittal to the administrator of the United States Environmental Protection Agency and propose any necessary rules or rule revisions to the West Virginia Legislature within twelve (12) months of completion of the evaluation.16.4. The director may conduct audits of individual transactions that take place under this rule to determine compliance with all applicable requirements. The audits may include any of the following:16.4.a. A review of the protocols used to certify and provide notice of emission reduction credit generation.16.4.b. A compliance assessment of the sources, processes, or process equipment which have generated, registered, used, or traded emission reduction credits.16.4.c. A review of the methods, procedures, determinations, and calculations used to monitor, record, quantify, and certify emissions, emission reductions, and the generation and use of emission reduction credits.16.5. If, after an audit of a source, process, process equipment, or the use or trading of emission reduction credits under this rule, the director determines that all applicable requirements have not been complied with, then the director may, pursuant to reasonable notice, take appropriate action as provided under the Code and this rule.W. Va. Code R. § 45-28-16