Louisiana LAC 33:III Ch. 6 Section 613 - ERC Bank Recordkeeping and Reporting Requirements, SIP effective December 7, 2005 (LAd46)
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
§613. ERC Bank Recordkeeping and Reporting Requirements
As approved by EPA November 5, 2015 (80 FR 68451) SIP effective December 7, 2005 (LAd46),
Regulations.gov docket EPA-R06-OAR-2006-0131 [LA007].
Updated with revisions to LAC 33:III.613 submitted to EPA January 27, 2003 [LA007.06D], May 5, 2006 [LA007.09G], and August 14, 2009 [LA007.12J]:
AQ199 §613.D;LAd46;LA007.06D;AQ199;LR26:486 (3/20/2000), submitted to EPA January 27, 2003 [LA007.06D]
Regulations.gov document EPA-R06-OAR-2006-0131-0006
OS065 §613.B.2;LAd46;LA007.09J;OS065;LR31:2431 (10/20/2005), submitted to EPA May 5, 2006 -- see NOTE 3 below
Regulations.gov document EPA-R06-OAR-2006-0131-0009
AQ287P §613.B.3 Repealed;LAd46;LA007.12J;AQ287P;LR33:256 (10/20/2007), submitted to EPA August 14, 2009 [LA007.12J]
Regulations.gov document EPA-R06-OAR-2006-0131-0012
MM002 §613.B.2;LAd46;LA007.12J;MM002;LR33:299 (10/20/2007), submitted to EPA August 14, 2009 [LA007.12J]
Regulations.gov document EPA-R06-OAR-2006-0131-0012
NOTE 1: Error in Federal Register amendatory language on page 80 FR 68543: the title of Section 613 should be "ERC Bank Recordkeeping and Reporting Requirements", not "ERC Balance Sheet" as shown in the amendatory language.
NOTE 2: The August 14, 2009 date is not listed in the list of revisions to LAC 33:III.613 at the bottom of page 80 FR 68541 (November 5, 2015), but the amendatory language on page 80 FR 68543 has a Louisiana Register State approval date of 10/20/2007 which is in the August 14, 2009 submittal to EPA. Therefore this compilation assumes that the AQ287P and MM002 revisions to Section 613 submitted to EPA in the August 14, 2009 submittal were approved by EPA in the November 5, 2015 (80 FR 68451) Federal Register Final rule.
NOTE 3: The revision to Section 613 in the May 5, 2006 (OS065) submittal was superseded by the revision to Section 613 (MM002) in the August 14, 2009 submittal.
AQ211 §613.A-A.2.g;LAd12;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. 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.
AQ211 §613.B-B.1;LAd12;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).
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.
MM002 §613.B.2;LAd46;LA007.12J;MM002;LR33:2083 [299] (10/20/2007), submitted to EPA August 14, 2009 [LA007.12J]
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 in a format specified by the department.
AQ287P §613.B.3 Repealed;LAd46;LA007.12J;AQ287P;LR33:256 (10/20/2007), submitted to EPA August 14, 2009 [LA007.12J]
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.
AQ211 §613.C;LAd12;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).
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.
AQ199 §613.D;LAd46;LA007.06D;AQ199;LR26:486 (3/20/2000), submitted to EPA January 27, 2003 [LA007.06D]
D. Schedule. All applications for banking ERCs in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge where the emission reductions occurred before August 20, 1994, must have been submitted prior to February 20, 1995. First-time applications for banking ERCs for attainment parishes may be submitted at any time. If a parish is redesignated as ozone nonattainment by the EPA, applications for banking ERCs for those parishes must be submitted within six months after the effective date of the EPA designation. All applications for banking ERCs where the emission reductions occurred after the date this banking rule was adopted for an area shall be submitted by March 1 following the year in which the reduction occurred. The balances (i.e., the balance available for netting and the balance available for offsets) from the ERC bank balance sheets of Subsection A of this. Section shall be submitted to the department by March 1 of each year together with the certification specified in Subsection E of this Section. All emission reductions must meet the timing restrictions set forth in LAC 33:III.607.D in order to be eligible for banking as ERCs.
***End Louisiana LAC 33:III Ch. 6 Section 613 - ERC Bank Recordkeeping and Reporting Requirements, SIP effective December 7, 2005 (LAd46)***