45CSR28 Program Evaluation 2012

• Notice of Comment Period for 45CSR28 Emissions Trading Program Evaluation

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 2009, source I.D. 003-00008 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:

WVDEP worked with USEPA Region III to examine the ERC generation quantification protocols for the above two facilities. 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:

Retirement

Expired

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.

Below is a summary of WVDEP's Emissions Banking and Trading Program to date:

Summary of WVDEPs Emissions Banking and Trading Program To Date (Tons)