Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-28-7 - Eligibility of Emission Reductions for Emission Reduction Credits; Generation and Calculation7.1. For emission reductions to be eligible to generate emission reduction credits, all of the following conditions shall be met: 7.1.a. For all criteria pollutants, in addition to volatile organic compounds and oxides of nitrogen, the emissions shall be consistent with West Virginia=s State Emission Inventory System.7.1.b. The emission reductions shall have been generated on or after January 1, 1991, and shall not have been used or have been committed to satisfy prior or continuing emission offset requirements under section 173 of the federal clean air act or 45CSR19, for demonstrating attainment or maintenance of any applicable national ambient air quality standard under the state implementation plan, or for netting requirements under section 173 of the federal clean air act, 45CSR19, and section 165 of the federal clean air act and 45CSR14, or for emission netting if authorized under 45CSR13.7.1.c. The emission reductions shall be real, surplus, enforceable, permanent, and quantifiable.7.1.d. Persons intending to register emission reduction credits associated with the shutdown of a source, process, or process equipment which occurred prior to the effective date of this rule shall, within sixty (60) days of the effective date of this rule, provide notice to the director of such intent to register emission reduction credits in accordance with Section 12 of this rule. Failure to timely submit a notice of intent in accordance with subsection 12.7 shall make emission reductions associated with such shutdowns ineligible for registration as emission reduction credits.7.2. Emission reductions for generation of emission reduction credits may be created using any of the following procedures:7.2.a. Installation or modification of air pollution control equipment.7.2.b. Modification of process or process equipment.7.2.c. Reformulation of fuels, raw materials or products.7.2.d. Implementation of energy conservation programs.7.2.e. Implementation of operational changes.7.2.f. Implementation of pollution prevention programs.7.2.g. Curtailment or shutdown of a source, process, or process equipment.7.2.h. Implementation of early emission reductions before any compliance dates established by an applicable requirement.7.2.i. Implementation of area and mobile source controls if a baseline can be established using procedures approved by the director and the United States Environmental Protection Agency and emission monitoring and quantification protocols and compliance monitoring methods are approved by the director and the administrator of the United States Environmental Protection Agency.7.2.j. Any activity which is approved by the director, results in emission reductions, and otherwise conforms with the provisions of this rule and the federal clean air act.7.3. Emission reductions eligible for registration as emission reduction credits shall be determined by either of the following methods, as applicable:7.3.a. For emission reductions that have already occurred, subtracting from the baseline the actual annual emissions after the emission reduction method has been implemented, which shall be calculated in a manner consistent with that used to establish the baseline pursuant to section 6.7.3.b. For emission reductions that will occur, subtracting from the baseline the expected annual emissions after the proposed emission reduction method is implemented, calculated in a manner consistent with that used to establish the baseline pursuant to section 6.7.4. Emission reduction credits may be generated for volatile organic compounds, as a class of compounds, and criteria pollutants, except ozone, by emission reductions resulting from the installation of a maximum achievable control technology required for a hazardous air pollutant pursuant to section 112 of the federal clean air act. Emission reduction credits generated in this manner shall not be used to satisfy emission offset requirements under section 173 of the federal clean air act or 45CSR19.7.5. Emission reductions resulting from a curtailment of operations at a source, process, or process equipment shall be eligible for emission reduction credit generation only if the notice of emission reduction credit generation and certification corresponding to the emission reductions is submitted before the curtailment of operations.7.6. Emission reduction credits shall have been generated before being used or traded.