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Louisiana SIP: LAC 33:III Ch. 6 Section 617 - Procedures for Review and Approval of ERCs

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

§617.  Procedures for Review and Approval of ERCs
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.  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.