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

§613.  ERC Bank Recordkeeping and Reporting Requirements
Updated with revisions to LAC 33:III.613 submitted to EPA
January 27, 2003 [LA007.06D], May 5, 2006 [LA007.09G], and August 14, 2009 [LA007.12J]
Approved by EPA November 5, 2015 (80 FR 68451) effective December 7, 2005 (LAd46),
Regulations.gov docket EPA-R06-OAR-2006-0131 [LA007].

NOTE 1: Error in Federal Register amendatory language on page 80 FR 68543: the
title of Section 613 should be "ERC Bank Recordkeeping and Reporting Requirements", not
"ERC Balance Sheet" as shown in the amendatory language.

NOTE 2: The August 14, 2009 date is not listed in the list of revisions to LAC 33:III.613
at the bottom of page 80 FR 68541 (November 5, 2015), but the amendatory language on page
80 FR 68543 has a Louisiana Register State approval date of 10/20/2007 which is in the
August 14, 2009 submittal to EPA.  Therefore this compilation assumes that the AQ287P and
MM002 revisions to Section 613 submitted to EPA in the August 14, 2009 submittal were
approved by EPA in the November 5, 2015 (80 FR 68451) Federal Register Final rule.

NOTE 3: The revision to Section 613 in the May 5, 2006 (OS065) submittal was superseded
by the revision to Section 613 (MM002) in the August 14, 2009 submittal.


AQ211 §613.A-A.2.g;LAd12;As amended in Louisiana Register February 20, 2002 (LR 28:301)(AQ211),
Approved by EPA September 27, 2002 (67 FR 60877) effective September 27, 2002 (LAd12).
    A.  Recordkeeping Requirements.  All records shall be
maintained for the life of the ERC and shall be available,
upon request, for inspection by the department.  Amounts
should be specified in tons per year.
        1.  For each approved ERC certificate or pending ERC
application, each ERC owner shall maintain records of the following:
            a.  a complete description of all projects that
generated or required use of ERCs;
            b.  ERC deposits applied for, but not yet approved ‘
(i.e., applications);
            c.  approved ERC deposits;
            d.  ERCs used as offsets;
            e.  ERCs that have expired;
            f.  ERCs transferred to another party;
            g.  adjustments to the ERC balance to account for
new emission reduction requirements and netting in
accordance with LAC 33.III 607;
            h.  the date of each transaction (for applications, the
date on which the application was submitted; for deposits,
the date the ERC Certificate was issued; for ERC used as
offsets, the date on which the permit was issued that relied
upon the ERC as offsets; for transfers, the date of sale; for
adjustments, the date on which a regulation was promulgated
that required, or would have required, all or a portion of the
emission reductions that comprise the ERC or ERC
application, or the date on which the permit was issued that
relied upon a reduction (that was either banked as ERC or
part of an ERC application to "net out"); and
            i.  the current ERC balance.
        2.  For each emission reduction that will be part of an
ERC bank application or permit application for construction
or modification that requires offsets, the ERC owner shall
maintain records of the following:
            a.  the year(s) determined to be the baseline period;
            b.  actual emissions (TPY) before the start-up of the
project as evaluated over the baseline period;
            c.  allowable emissions for the affected sources;
            d.  the date of the actual emissions decrease;
            e.  allowable emissions or proposed allowable
emissions, as appropriate, after the project (TPY);
            f.  the emission change; and
            g.  any emission reductions that are required or
would have been required by all applicable federal and state
regulations promulgated before and after the emission reduction.


AQ211 §613.B-B.1;LAd12;As amended in Louisiana Register February 20, 2002 (LR 28:301)(AQ211),
Approved by EPA September 27, 2002 (67 FR 60877) effective September 27, 2002 (LAd12).
    B.  Reporting Requirements
        1.  All emission reduction applications must meet the
timing restrictions set forth in LAC 33:III.615.A and B in
order to be eligible for banking as ERCs.

MM002 §613.B.2;LAd46;LA007.12J;MM002;LR33:2083 [299] (10/20/2007), submitted to
EPA August 14, 2009 [LA007.12J]
        2.  An annual report summarizing all records required
by Subsection A of this Section shall be submitted to the
department by March 31 of each year. This submittal shall
be certified as specified in Subsection C of this Section and
submitted to the Office of Environmental Services in a
format specified by the department.

AQ287P §613.B.3 Repealed;LAd46;LA007.12J;AQ287P;LR33:2068 [256] (10/20/2007),
submitted to EPA August 14, 2009 [LA007.12J]
        3.  Sources located in EPA-designated ozone attainment areas subject to
LAC 33:III.510 shall submit the summary report required by Paragraph B.2 of this
Section according to the schedule outlined in LAC 33:III.510.C.1.


AQ211 §613.C;LAd12;As amended in Louisiana Register February 20, 2002 (LR 28:301)(AQ211),
Approved by EPA September 27, 2002 (67 FR 60877) effective September 27, 2002 (LAd12).
    C.  Certification.  A certifying statement signed by the
responsible official as defined in LA C 33:III.502 shall
accompany each ERC annual report to attest that the
information contained in the report is true and accurate to
the best knowledge of the certifying official.  The
certification shall include the full name, title, and signature
of the certifying official and the date of signature.


AQ199 §613.D;LAd46;LA007.06D;AQ199;LR26:486 (3/20/2000), submitted to EPA
January 27, 2003 [LA007.06D].
    D.  Schedule. All applications for banking ERCs in the
parishes of Ascension, East Baton Rouge, Iberville,
Livingston, and West Baton Rouge where the emission
reductions occurred before August 20, 1994, must have been
submitted prior to February 20, 1995. First-time applications
for banking ERCs for attainment parishes may be submitted
at any time. If a parish is redesignated as ozone
nonattainment by the EPA, applications for banking ERCs
for those parishes must be submitted within six months after
the effective date of the EPA designation. All applications
for banking ERCs where the emission reductions occurred
after the date this banking rule was adopted for an area shall
be submitted by March 1 following the year in which the
reduction occurred. The balances (i.e., the balance available
for netting and the balance available for offsets) from the
ERC bank balance sheets of Subsection A of this. Section
shall be submitted to the department by March 1 of each
year together with the certification specified in Subsection E
of this Section. All emission reductions must meet the
timing restrictions set forth in LAC 33:III.607.D in order to
be eligible for banking as ERCs.