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west virginia department of environmental protection
west virginia department of environmental protection
west virginia department of environmental protection

45CSR28 Program Evaluation 2024

Overview

August 15, 2021 – August 14, 2024

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.

Evaluation

Since the last evaluation in 2021, there have been no new Emission Reduction Credits (ERCs) generated. There are currently no ERCs in the registry since all previously generated ERCs expired or have been retired.

As of this date no ERCs have been used. Figure 1 is a table showing ERC retirement and expiration as of this date.

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 SO 2 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 the emission quantification protocol.

Figure 2 is a summary of WVDEP’s Emissions Banking and Trading Program to date.

Retirement
Source ID Series Number Owner Date of Retirement Retirement Amount
003-00008 00300008 2002 N 01A Virginia Electric and Power Co. 4/8/2011 175 tons of NOx
Expired
Source ID Series Number Owner Date of Expiration Expired Amount
003-00008 00300008 2002 N 01 B CPV Warren, LLC 01/01/2012 76.1 tons of NOx
073-00003 07300003 2005 S 01 Cytec Willow Island 12/31/2014 1621.35 tons of SO2
051-00009 05100009 2007 N 01 Bayer 10/5/2017 5.94 tons of NOx
Figure 1: ERC retirement and expiration
Summary of WVDEP’s Emissions Banking and Trading Program to Date (Tons)
Pollutant Total Tons Reduced Retired to Benefit Air Quality ERCs Generated ERSs Used ERCs Retired ERCs Expired
CO - - - - - -
NOx 285.6 28.56 257.04 - 175.0 82.04
VOC - - - - - -
Pb - - - - - -
PM - - - - - -
PM10 - - - - - -
SO2 1801.50 180.15 1621.35 - - 1621.35
Figure 2: Summary of WVDEP’s Emissions Banking and Trading Program
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