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Louisiana SIP: LAC 33:III Ch. 6 Section 619. Registration of Emission Reduction Credit Certificates; SIP effective 1999-08-02 (LAd03) to 2002-09-26

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

§619.  Registration of Emission Reduction Credit Certificates
Approved by EPA 07/02/99 (64 FR 35939) effective 08/02/99. (LAd03)

   A.  Banking Register/Database.  The department shall maintain a banking register/database that shall consist of a record of all information concerning titles, interest, and other matters such as liens, encumbrances, changes of records, deposits, withdrawals, and transactions, as well as pertinent date(s) concerning such information.  All data in the banking register/database shall be available to the public upon request.  It is the goal of the department to establish a computerized database which will allow the public to ascertain the amount of reductions which are registered or banked in each designated ozone nonattainment area.  In lieu of a computerized database, a paper copy of the amount of reductions that are registered or banked will be available at the department.

   B.  ERC Certificates.  Certificates will be issued at the point of trade. A record of each ERC certificate issued shall be retained by the department. Each ERC certificate shall contain, at minimum:
      1.  be numbered consecutively;
      2.  bear the date of issuance;
      3.  be signed by the assistant secretary of the Office of Air Quality and Radiation Protection;
      4.  bear the seal of the state;
      5.  include the owner(s) name(s), address(es), and phone number(s);
      6.  state the address where the emission reduction occurred;
      7.  indicate the method of ERC creation;
      8.  show the quantity of the ERC and type of pollutant; and
      9.  show when the emission reduction occurred.

   C.  Multiple ERC Certificates and Multiple Ownership.  Single or multiple ERC certificates may be issued.  At the owner(s) or operator(s) request, multiple ERC certificates shall be issued for each owner's proportional share.

   D.  Duplicate Copy of the ERC Certificate.  The department may reissue a lost, mutilated, or destroyed ERC certificate after the ERC certificate title bearer vouches that the original has been lost, mutilated, or destroyed.  The word Duplicate, will appear on the reissued certificate.

   E.  Inclusion of ERC Bank in the Emissions Inventory.  The department shall be responsible for including the banked ERCs in the current emissions inventory so that the credits are considered to be "in the air" for air quality planning purposes.  Any failure by the department to fulfill this responsibility shall not affect the validity of the ERCs in any manner.

   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 20:879 (August 1994).

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