45CSR28 Program Evaluation 2006

December 18, 2003 - August 14, 2006

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 provision 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 toward 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 or 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 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.

Evaluation

Since the last evaluation in 2003an ERC (Emission Reduction Credit) Registry has been established. A brief summary of the registry is as follows:

According to the ERC retirement provisions for air quality benefits of 45CSR28, 27.9 tons of NOx and 180.15 tons of SO2 were retired for air quality benefit. As of this date, no ERCs have been traded or used.

WV DAQ worked with US EPA Region III to examine the ERC generation quantifications protocols for the above facilities. In approving the above ERCs, special attention was paid to be consistent with the maintenance of national ambient air quality standards.

On June 16, 2004, the WVDEP submitted a 45CSR28 SIP (State Implementation Plan) package to USEPA for approval and incorporation in the West Virginia SIP. As of this date, there was no response from USEPA regarding the SIP submittal.

No action has been taken for the following ERC applications pending DAQ's attainment demonstration for PM2.5 SIP call.

Summary of DAQ's Emissions Banking and Trading Program to Date (Tons)