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

§617.  Procedures for Review and Approval of ERCs
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.  The department's review and approval of an application for ERCs generally shall be conducted when a request is submitted to use the reductions as offsets.  The review shall be conducted in accordance with LAC 33.III.607.

    B.  Preliminary Decision to Approve the ERC.  Upon making a preliminary decision to approve any ERC, the department shall provide public notice of its decision.  The public notice shall include the name and address of the applicant, the proposed quantity and type of emission reductions to be approved, an explanation of the department's initial assessment, the opportunity and time periods to submit written public comments concerning the application, and the name and address of the person to whom public comments and requests for public hearings should be sent.  A period of 30 days after the date of publication will be allowed for public comment.  The notice of preliminary approval may be incorporated with a notice of preliminary approval of an air permit for which the ERC will be used as offsets.  If the notice of preliminary approval is not associated with an air permit, the department’s preliminary decision relates only to the banking of the emission reductions and not to the use of the ERCs.

    C.  ERC Certificates
        1.  Issuance of ERC Certificate.  Upon conclusion of the thirty-day comment period provided in Subsection B of this Section, the department shall render a decision as to whether the department approves or disapproves the application.  If the department decides to approve the ERC, the department shall issue an ERC certificate to the owner(s).  A copy of the ERC certificate shall be retained by the department, and the original shall be delivered to the owner(s).  The issued ERC certificate shall be recorded in the banking database.
        2.  Upon issuance of a permit that relies upon the use of approved ERCs as offsets, the department shall be responsible for recalculating the ERC balance for that entity and for providing that entity with an adjusted ERC certificate.  In the case of a partial use of an ERC from an emission reduction project, the department shall issue a new certificate reflecting the available credits remaining.  The remaining ERC(s) shall be reviewed again in accordance with LAC 33:III.607 at the time a request is received to use the remaining portion.
        3.  Transfer of ERCs.  An ERC certificate may be transferred in whole or in part.  The role of the department in the transfer of an ERC certificate shall be limited to providing information to the public, documenting ERC transfers, and registering ERC certificates.  The department shall be notified by letter within 30 days of any transfer of an ERC to another party.  This correspondence should indicate the new owner, the previous owner, the amount of ERC transferred, and the date of transfer.  The department shall then issue a certificate indicating the new owner.  In the case of a partial transfer, the department shall issue a new certificate to the new owner as well as a revised certificate to the current owner reflecting the available credits to each owner.  The banking database shall be adjusted accordingly.

    D.  Appeals.  The owner(s) may appeal the department's decision following provisions specified in R.S. 30:2024.

    E.  Request for Recalculation of ERCs.  Anytime after the original ERC application is submitted, the applicant may request the recalculation of the ERCs for the purpose of using alternative baseline emissions, an alternative baseline period, or availability of more accurate emissions data (i.e., performance test data, etc.).  The review and approval of this recalculation request shall follow the same procedure as set forth in this Section.

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 20:878 (August 1994), amended by Office of Environmental Assessment, Environmental Planning Division, LR 28:304 (February 2002).

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