W. Va. Code R. § 45-28-6

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 45-28-6 - Emission Reduction Credit Baseline
6.1. The emission baseline from which emission reduction credits may be generated shall be established to determine the amount of actual emissions from a source, process, or process equipment before the initiation of an activity to reduce emissions for the purposes of creating emission reduction credits. The emission baseline shall be expressed in tons of pollutant emitted per ozone season or per year.
6.2. The emission baseline from which emission reduction credits may be generated shall be determined by using the most representative, accurate, and reliable process and emission data available for the source, process, or process equipment according to the following hierarchy:
6.2.a. When required to demonstrate compliance with an applicable requirement or where such measurement is practicable and reasonable, continuous emission monitoring or other direct measurement, parametric monitoring, or other surrogates for the measurement of emissions shall be used to determine the emission baseline. The baseline shall be established for the 2-year period or two (2) ozone seasons before the date that an emission reduction occurs, unless it can be demonstrated to the director that a different time period is more representative of historical operations and is consistent with the state implementation plan.
6.2.b. Where continuous emission monitoring or other direct measurement, parametric monitoring, or other surrogate measurement of emissions is not required by an applicable requirement or is not practical and reasonable, the emissions shall be calculated according to whichever of the following provisions is applicable:
6.2.b.1. For a stationary source, the emission baseline shall be established by using process and emission data for a source, process, or process equipment for the 2-year period or two (2) ozone seasons before the date that an emission reduction occurs, unless it can be demonstrated to the director that a different time period is more representative of historical operations and is consistent with the state implementation plan. The emission baseline from which emission reduction credits may be generated shall be measured using an emission monitoring and quantification protocol which satisfies the requirements of section 8. The emission baseline shall be determined by using actual emission data or operational parameters of process equipment, actual operating hours, production rates and quantities of materials processed, stored, or combusted, and the emission monitoring methods specified by an applicable requirement or approved by the director. The stationary source baseline shall be calculated by using the following equation:

BL=ERxCUxH

Where:

BL = Baseline, expressed in tons of pollutant per ozone season or year, whichever is applicable.

ER = The lower of the actual or allowable emission rate for the source, process, or process equipment, expressed as the quantity of emissions per unit of production, time, or other parameter consistent with the units of the capacity utilization factor and calculated pursuant to this subdivision and subsection 6.3.

CU = Capacity utilization factor, which is representative of the historical level of operation or production rate of the source, process, or process equipment based on average historical values calculated pursuant to this subdivision and subsection 6.3. The capacity utilization factor shall not exceed an emission standard or limitation specified by an applicable requirement.

H = Hours of operation of the source, process, or process equipment based on the average of actual operating hours representative of historical operations as determined pursuant to this subdivision.

6.2.b.2. For area and mobile sources the emissions baseline shall be determined by procedures approved by the director and the United States Environmental Protection Agency.
6.3. Quantification of emissions for purposes of emission reduction credit generation for criteria pollutants, volatile organic compounds, and oxides of nitrogen, shall be based on a time period specified by an applicable requirement. Where an applicable requirement does not exist for quantifying emissions, the director shall establish an appropriate averaging time for purposes of calculating emission reduction credits not to exceed a 30-day rolling average determined on a daily basis.
6.4. Quantification methods that are more representative, accurate, and reliable than methods specified by an applicable requirement may be used to determine the emission baseline upon approval by the director and the administrator of the United States Environmental Protection Agency.
6.5. Any baseline calculated pursuant to subsection 6.2 shall be adjusted by subtracting from the baseline any emission increases from another source, process, or process equipment in the same source category and under common ownership or control resulting from a shutdown or curtailment of the source, process, or process equipment making the emission reductions. If no such emission increases will occur as a result of shutdown or curtailment, the person registering emission credits generated from shutdown or curtailment shall so certify in the notice provided under section 12.

W. Va. Code R. § 45-28-6