45CSR28 Program Evaluation 2015

August 15, 2012 – August 14, 2015

45CSR28, Air Pollutant Emissions Banking and Trading, contains provisions in Section 16 requiring the Director to 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:

  • 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. 45CSR§28-16.1.a.
  • Whether requirements for monitoring, recordkeeping, reporting, and enforcement have resulted in a sufficiently high level of compliance. 45CSR§28-16.1.b.
  • 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. 45CSR§28-16.1.c.
  • Whether the program is achieving reductions across a spectrum of sources, including area and mobile sources. 45CSR§28-16.1.d.
  • 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. 45CSR§28-16.1.e.


Since the last evaluation in 2012, source I.D. 073-00003 has been deleted because all the Emission Reduction Credits (ERCs) generated are either retired or expired. A brief summary of the registry is as follows:

Company Plant I.D. County Pollutant ERCs registered Expiration Date
Bayer New Martinsville 051-00009 Marshall NOx 5.94 10-5-2017

WVDEP worked with USEPA Region III to examine the ERC generation quantification protocols for the above facility.  In approving the above ERCs, special attention was paid to be consistent with the maintenance of national ambient air quality standards.

As of this date no ERCs have been used. Below is a table showing ERC retirement and expiration as of this date

Source ID Series Number Owner Date of Retirement Retirement Amount
003-00008 00300008 2002 N 01 A Virginia Electric & Power Co. 4/8/2011 175 tons of NOx
Source ID Series Number Owner Date of Expiration Expired amount
003-00008 00300008 2002 N 01 B CPV Warren, LLC 1/1/2010 76.1 tons of NOx
073-00003 07300003 2005 S 01 Cytec Willow Island 12/31/2014 1621.35 tons of SO2

On June 16, 2004 WVDEP submitted a 45CSR28 SIP (State Implementation Plan) package to USEPA for approval and incorporation into the West Virginia SIP.  USEPA returned the SIP request to WVDEP on June 9, 2009 without acting on it.

On October 16, 2010, Braskem (Facility I.D. No. 099-00010) applied for 280 tons of SO2 ERC for shutting down a coal fired boiler at their Neal plant. The emission quantification protocol has to be approved by WVDEP and USEPA. WVDEP is still awaiting a reply from USEPA on approval of emission quantification protocol.

Summary of WVDEP’s Emissions Banking and Trading Program to Date (Tons)
Pollutant Total Tons Reduced Retired to Benefit Air Quality ERCs Generated ERCs Used ERCs Retired ERCs Expired
CO - - - - - -
NOx 285.6 28.56 257.04 - 175.0 76.1
VOC - - - - - -
Pb - - - - - -
PM - - - - - -
PM10 - - - - - -
SO2 1801.50 180.15 1621.35 - - 1621.35