The Emission Trading Program, pursuant to 45CSR28, "Air Pollutant Emissions Banking and Trading", began in
August 2000 and trades in all criteria pollutants except ozone. This rule provides for a voluntary
open-market emission trading program. Sources that produce more cost effective pollution control techniques
and over-comply with state and federal air standards can generate Emission Reduction Credits (ERCs) and
market them to sources with high costs of compliance so they may realize a cheaper compliance option that
achieves equivalent or greater overall emission reductions on a statewide basis. While providing incentives
to make progress toward the attainment or maintenance of air quality standards, 45CSR28 has provisions that
ensure no increase in actual emissions of hazardous air pollutants (HAPs) and that act as safeguards to
protect human health, welfare and the environment.
Notice: A request had been submitted to the U.S. EPA to revise the West Virginia State
Implementation Plan (SIP) to include West Virginia Legislative Rule 45CSR28 in 2004. In April 2012, U.S. EPA
returned the SIP without acting on it. Due to EPA's action, 45CSR28 is "State-Enforceable Only".
From this page, you will have access to pages of information regarding the Division of Air Quality's
Emission Trading Program, pursuant to 45CSR28, "Air Pollutant Emissions Banking and Trading", including
general guidance, emission trading forms, instruction, program updates and the emission trading registry.