W. Va. Code R. § 45-28-17
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-28-17 - Interstate Trading17.1. Nothing in this rule shall be construed to prohibit or restrict interstate trading of volatile organic compounds emission reduction credits or criteria pollutant emission reduction credits, except ozone, in a manner consistent with the Code, rules promulgated under the Code, and any interstate, regional, or national air pollution control strategy implemented pursuant to, or to meet the requirements of, the federal clean air act.17.2. Emission reduction credits which were generated in a state other than West Virginia, but which are proposed to be used for the purpose of this rule in the state of West Virginia, shall be used in a manner consistent with this rule.17.3. The director shall enter into a memorandum of understanding with another state which, at a minimum, addresses the following areas prior to allowing the use in the state of West Virginia of emission reduction credits under this rule which were generated in the other state:17.3.a. The emission reduction credit generation system.17.3.b. The sharing of required notices and a compatible tracking system.17.3.c. Appropriate geographic restrictions.17.3.d. The eligibility of emission reduction credits for use.17.3.e. Acceptable emission reduction credit generation and use activities.17.3.f. Record retention requirements.17.3.g. Consistent treatment of emission monitoring and quantification protocols for purposes of emission reduction credit generation and use.17.3.h. Consistency in the determination of the baseline from which emission reduction credits are generated.17.3.i. Temporal requirements and definitions.17.4. The interstate memorandum of understanding required by subsection 17.3 shall require each participating state to enforce emission limitations under their respective jurisdictions, and shall contain a procedure or procedures for incorporating emission shifts caused by trading into each state=s attainment demonstrations, maintenance plans, and reasonable further progress plans, as applicable.17.5. The director shall assure that the emissions trading rules and implementation procedures of another state are, to the extent possible, equivalent to this rule and its implementation procedures in entering any memorandum of understanding. The memorandum of understanding must assure that the more restrictive provision is applied by each state in determining the validity of emission reduction credit generation and eligibility for emission reduction credit use.W. Va. Code R. § 45-28-17