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Louisiana SIP: LAC 33:III Ch. 6 Section 613. ERC Bank Recordkeeping and Reporting Requirements; SIP effective 2002-09-27 (LAd12) to 2011-08-03

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 Banking

§613.  ERC Bank Recordkeeping and Reporting Requirements
As amended in the Louisiana Register at LR 28:301 (February 2002).
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.

    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.
        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, Permits Division, in a format specified by the department.
        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.

    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.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:877 (August 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1622 (September 1999), LR 26:486 (March 2000), LR 26:2449 (November 2000), LR 28:303 (February 2002).

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