Current through Register Vol. XLI, No. 35, August 30, 2024
Section 45-28-8 - Emission Monitoring and Quantification8.1. Each person who generates emission reduction credits under this part shall comply with an emission monitoring and quantification protocol which has been federally approved for the purpose of emission reduction credit trading, where such a protocol exists for the source category. Modifications to an existing federally approved emission monitoring and quantification protocol for purposes of emission reduction credit trading shall be approved by the director and federally approved as a revision to West Virginia=s State Implementation Plan.8.2. Where a federally approved emission monitoring and quantification protocol for the purpose of emission reduction credit trading does not exist for a source category, a person who generates emission reduction credits under this rule shall comply with one of the following:8.2.a. An existing emission monitoring and quantification protocol which has been approved by the director and the United States Environmental Protection Agency for purposes of demonstrating compliance with applicable requirements, provided such protocol meets the criteria specified in subsection 8.7, and, if applicable, subsection 8.8.8.2.b. A new or alternate emission monitoring and quantification protocol which has been approved by the director and the United States Environmental Protection Agency for purposes of emission reduction credit trading pursuant to subsection 8.3.8.3. The owner or operator of a source seeking approval to use a new or alternate emission monitoring and quantification protocol shall submit a written request to the director not less than thirty (30) days before the submittal of the notice of generation. The written request shall include the information specified in subsections 8.7 and 8.8, as applicable.8.4. Emission reduction credits shall be quantified in units of tons per year for criteria pollutants, excluding oxides of nitrogen and ozone, and in units of tons per year or tons per ozone season for volatile organic compounds and oxides of nitrogen.8.5. Emission monitoring and quantification protocols to quantify emissions, emission reductions, and the use of emission reduction credits shall be credible, accurate, workable, enforceable, and replicable and may employ any of the following: 8.5.a. Continuous emission monitoring, parametric monitoring, stack testing, sampling of fuels and materials, or other direct and indirect measurements of emissions.8.5.b. Calculations using equations that are a function of process and control equipment design and operation.8.5.c. Mass-balance calculations.8.5.d. Emission factors, emission calculation methods, or emission quantification protocols approved for use at the time of emission reduction generation by the director and the administrator of the United States Environmental Protection Agency.8.6. Methods, procedures, and calculations used to quantify emissions and emission reductions must ensure that conservative results are obtained.8.7. Emission monitoring and quantification protocols to be used for purposes of emission reduction credit generation under this rule shall meet all of the following requirements, as applicable: 8.7.a. Actual, direct emissions data shall be used where it is available.8.7.b. Sufficient data shall be collected to characterize the source, process, or process equipment and its operation.8.7.c. Instrumentation shall have sufficient sensitivity, selectivity, precision, accuracy, and range to measure the applicable parameters which characterize the operation of the source, process, or process equipment.8.7.d. Where applicable, quality assurance/quality compliance plans for data collection shall be adhered to.8.7.e. Applicable test methods which have been approved by the United States Environmental Protection Agency shall be used where available, unless an alternate test method is approved by the director and the United States Environmental Protection Agency.8.7.f. Where applicable, oxides of nitrogen emissions shall be measured as nitrogen oxide and nitrogen dioxide, but shall be reported on a nitrogen dioxide basis.8.7.g. Where applicable, volatile organic compound emissions shall be calculated on the basis of actual emissions if the source, process or process equipment uses specified measurement techniques. If volatile organic compound emission measurements are based on a surrogate compound, but information is available on the emissions composition, then volatile organic compound emissions shall be calculated based on the known composition.8.7.h. Continuous or predictive emission monitoring systems must be used where they are already in place, and the following requirements shall be met by these monitoring systems as applicable or appropriate for the source, process, or process equipment: 8.7.h.1. The provisions of 40 C.F.R. Part 60, Appendix B and Appendix F, for continuous emission monitoring systems.8.7.h.2. The provisions of 40 C.F.R. Part 75 for continuous emission monitoring systems measuring sulfur dioxide and nitrogen oxides.8.7.h.3. Promulgated state and federal procedures which are intended for the development of emission monitoring and quantification protocols.8.8. Notwithstanding the provisions of subsection 8.7, emission monitoring and quantification protocols for use under this rule for the generation of emission reduction credits at mobile sources shall be consistent with the following, as applicable: 8.8.a. Federally approved mobile models for the emission reduction credit generation year.8.8.b. Measurement and calculation methods which have been approved for use by the director and the administrator of the United States Environmental Protection Agency.8.8.c. Promulgated state and federal procedures which are intended for the development of emission monitoring and quantification protocols.8.9. The director shall make any pre-approved emission monitoring and quantification protocol available upon request.