Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III) Chapter 6.  Regulations on Control of Emissions through the Use of Emission
Reduction Credits (ECR) Banking

§605.  Definitions
LAC 33:III.605 updated with revisions adopted in the Louisiana Register November 20, 2012
(LR 38:2767) (AQ327) and submitted to EPA November 3, 2014 (LA048.12J, AQ327),
Approved by EPA August 4, 2016 (81 FR 51341) effective September 6, 2016 (LAd51),
Regulations.gov docket EPA-R06-OAR-2014-0821 [LA048]
AQ327 §605;LAd51;LA048.12J;AQ327;LR38:2767 (11/20/2012), submitted to EPA
November 3, 2014 [LA048.12J]..

Unless otherwise indicated, definitions below are as adopted in the Louisiana Register
February 20, 2002 (LR 28:301) (AQ211) and approved by EPA September 27, 2002
(67 FR 60871) effective September 27, 2002 (LAd12).  
NOTE: The September 27, 2002 Federal Register was published before EPA Region 6 began
putting state submittals in Regulations.gov dockets.

  A.  The terms used in this Chapter are defined in LAC
33:III.111 with the exception of those terms specifically
defined as follows:

    Actual Emissions --- the actual rate of emissions of an air
pollutant from a source operation, equipment, or control
apparatus.  Actual emissions shall be calculated using the
actual operating hours, production rates, and types of
materials used, processed, stored, or combusted during the
baseline period.  Acceptable methods for estimating the
actual emissions may include, but are not limited to, any one
or a combination of the following:
        a.  emission factors based on EPA's Compilation of
Air Pollutant Emission Factors (AP-42) or other emission
factors approved by the department, if better source specific
data is not available;
        b.  fuel usage records, production records, purchase
records, material balances, engineering calculations
(approved by the department), source tests, waste disposal
records, emission reports such as emission inventory reports,
SARA Title III, or MACT compliance certifications.

    Allowable Emissions --- the emissions rate of a stationary
point source calculated using the maximum rated capacity of
the source (unless the source is subject to enforceable limits
that restrict the operating rate, hours of operations, or both)
and the most stringent of the following:
        a.  an applicable standard set forth in 40 CFR part 60, 61, or 63;
        b.  any applicable state implementation plan (SIP)
emissions limitation, including those with a future compliance date;
        c.  applicable emission limitations specified as an
enforceable permit condition, including best available
control technology (BACT) and lowest achievable emission
rate (LAER) requirements, including those with a future compliance date; or
        d.  applicable acid rain SO₂ and NOx control
requirements as defined under Title IV of the 1990 Clean Air
Act Amendments and subsequent regulations.

    Bank --- the repository for ERCs, including the ERC banking database.

AQ327 §605,definition of “Bankable Emission Reductions”;LAd51;LA048.12J;AQ327;
LR38:2767 (11/20/2012), submitted to EPA November 3, 2014 [LA048.12J].
    Bankable Emission Reductions --- reductions of a criteria
pollutant that meet the provisions of this Chapter at the time
of review and approval.

AQ85 §605, definition of “Banking” as adopted in Louisiana Register August 20, 1994 (LR20:875) (AQ85),
Approved by EPA July 2, 1989 (64 FR 35930) effective August 2, 1999 (LAd03).
    Banking --- a system for quantifying, recording, storing,
and preserving ERCs so that they may be used or transferred
for use at a future date.

    Banking Database --- the department database that
records all ERC deposits, withdrawals, transfers, and transactions.

AQ327 §605, Repeal definition of “Base Case Inventory”;LAd51;LA048.12J;AQ327;
LR38:2767 (11/20/2012), submitted to EPA November 3, 2014 [LA048.12J].

AQ327 §605, Repeal definition of Base Line Inventory”;LAd51;LA048.12J;AQ327;
LR38:2767 (11/20/2012), submitted to EPA November 3, 2014 [LA048.12J].

    Baseline Emissions --- the level of emissions during the
baseline period, as calculated in accordance with LAC
33:III.607.C.4, that occur prior to an emission reduction,
considering all limitations required by applicable federal and
state regulations, below which any additional reductions
may be credited for use as offsets.

    Baseline Period --- the period of time over which the
historical emissions of a source are averaged.  In general, this
period shall be a two-year period that precedes the date the
emission change and that is representative of normal major
stationary source operation.  A different time period shall be
allowed upon a determination by the department that it is
more representative of normal major stationary source operation.

AQ327 §605, Repeal definition of “Current Total Point-Source Emissions Inventory”;
LAd51;LA048.12J;AQ327;LR38:2767 (11/20/2012), submitted to EPA November 3, 2014 [LA048.12J].

    Emission Reductions --- the decreases in emissions
associated with a physical change or change in the method
of operation at a facility.

    Emission Reduction Credit (ERC) --- an emission
reduction approved by the department in accordance with
the requirements of this Chapter that is surplus, enforceable,
permanent, and quantifiable.

    Emission Reduction Credit Certificate (ERC
Certificate) --- a document indicating possession of a defined
quantity and type of ERCs and issued by the department to
the owner(s) identified on the certificate.

    Enforceable --- as applied to emission reductions, means
of making emission limits enforceable include source-
specific SIP revisions, limitations contained in permits
issued in accordance with LAC 33:III.Chapter 5, and EPA-
issued or department-issued administrative orders or
enforcement instruments such as compliance orders or
settlement agreements.

AQ327 §605, Repeal definition of “Modeled Parishes”;LAd51;LA048.12J;AQ327;LR38:2767
(11/20/2012), submitted to EPA November 3, 2014 [LA048.12J].

AQ327 §605, definition of “Offset”;LAd51;LA048.12J;AQ327;LR38:2767(11/20/2012), submitted
to EPA November 3, 2014 [LA048.12J].
    Offset --- a legally enforceable reduction, approved by the
department, in the rate of actual emissions from an existing
stationary point source, which is used to compensate for a
significant net increase in emissions from a new or modified
stationary source in accordance with the requirements of
LAC 33:III.504. To be valid, an offset must meet the
definition of ERC.

    Permanent --- as applied to emission reductions, the
method of achieving the reduced level of emissions is fixed
or ongoing.  For example, installation of permanent control
equipment or elimination of emission units.

    Quantifiable --- in reference to emission reductions, the
amount, rate, and characteristics of the emission reduction
can be estimated through a reliable method.  Quantification
may be based on emission factors, stack tests, monitored
values, operating rates and averaging times, process
parameters, production inputs, modeling, or other reasonable
measurement practices.  The same method of calculating
emissions should generally be used to quantify emission
levels both before and after the reduction.

    Stationary Point Source --- any building, structure,
facility, or installation that emits or may emit any air
pollutant subject to regulation under the Clean Air Act.  For
purposes of this Chapter, stationary point sources shall
include fugitive emissions.

    Surplus --- emission reductions that are voluntarily
created for an emissions unit and have not been required by
any state or federal law or regulation and are in excess of
reductions used to demonstrate attainment of national
ambient air quality standards at the time a permit application
that relies upon the reductions as offsets is deemed
administratively complete.

    Transfer --- the conveyance of an ERC from one entity to
another.  All banking transactions shall be recorded in the
ERC banking database and shown as debits and credits for
the appropriate entity(ies).