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.  Review and Approval of ERC Bank Balance Sheets
Approved by EPA 07/02/99 (64 FR 35939) effective 08/02/99. (LAd03)

   A.  Determination of a Complete Application.  An ERC bank balance sheet shall be deemed complete when the department has determined that sufficient information is available to evaluate the ERC bank balance sheet.  The department shall determine whether an ERC application is complete not later than 30 calendar days following receipt of the application, or after a longer time period agreed upon in writing by both the owner(s) or operator(s) and the department.  Upon determination that the application is complete, the department shall notify the owner(s) or operator(s) in writing.

   B.  Submittal of Additional Information.  If the department determines that the bank balance sheet is not complete, the owner(s) or operator(s) shall be notified in writing of the decision, specifying the additional information that is required.  The owner(s) or operator(s) shall have 90 days to submit the requested information.  Upon receipt of all requested information, the department shall have 30 days to determine whether the application is complete.  If no data is submitted or the application is still incomplete, the department may cancel the ERC bank balance sheet with written notification to the owner(s) or operator(s).  Upon determination that the application is complete, the department shall notify the owner(s) or operator(s) in writing.

   C.  Preliminary Decision on the Approval or Disapproval of the Bank Balance Sheet.  Upon determining that a bank balance sheet is complete, the department shall have 60 days to perform an initial assessment of the bank balance sheet and render a preliminary decision as to whether to approve or to disapprove the ERC.  Upon completion of this initial assessment, the department shall provide written notice of such preliminary decision to the owner(s) or operator(s) and the public.  The public notice shall include the name and address of the applicant; the proposed quantity and type of emission reductions to be approved or disapproved; 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 owner or operator and public comment.  The department's preliminary decision relates only to the banking of the emission reductions and not to the use of the ERCs.

   D.  Issuance of ERC Certificate.  Upon conclusion of the 30 day owner(s)' or operator(s)' comment period provided for, the department shall have 30 days to render a decision as to whether the department approves, conditionally approves, or disapproves the application.  This decision shall be promptly delivered in writing by registered mail to the owner(s) or operator(s).  If the department decides to approve the ERC bank balance sheet application, the department shall issue an ERC certificate to the owner(s) or operator(s).  A copy of the ERC certificate shall be retained by the department, and the original shall be delivered to the owner(s) or operator(s).  Delivery by the department of the ERC certificate to owner(s) or operator(s) shall be accomplished by registered mail.  The issued ERC certificate shall be recorded in the banking register/database.

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

   F.  Cancellation of ERC Bank Balance Sheet.  Withdrawal of a bank balance sheet by an owner or operator shall result in the cancellation of the bank balance sheet.  If an owner or operator resubmits the application, the application shall be treated as a new application, and the review and approval process will start over as if the applicant had submitted the bank balance sheet for the first time.

   G.  Governing Rules.  ERC bank balance sheets shall be reviewed in accord with federal and state rules in effect at the time of the submittal of the ERC bank balance sheet.

   H.  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 schedule 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).

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