Louisiana SIP: LAC 33:III Ch. 6 Section 607 - Determination of Creditable Emission Reductions, SIP effective as of September 6, 2016 (LAd51)
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
§607. Determination of Creditable Emission Reductions
LAC 33:III.607 updated with revisions adopted in the Louisiana Register November 20, 2012
(LR 38:2767) (AQ327) and submitted to EPA November 3, 2014 (LA048.12J, AQ327).
Approved by EPA August 4, 2016 (81 FR 51341) SIP effective September 6, 2016 (LAd51),
Regulations.gov docket EPA-R06-OAR-2014-0821 [LA048]
AQ327 §607;LAd51;LA048.12J;AQ327;LR38:2767 (11/20/2012), submitted to EPA November 3, 2014 [LA048.12J].
AQ211 §607.A-A.6;LAd12;As amended in Louisiana Register February 20, 2002 (LR 28:301),
Approved by EPA September 27, 2002 (67 FR 60877) effective September 27, 2002 (LAd12).
A. Acceptable Methods of Creation. Methods of reducing emissions to receive credit under this Chapter include, but are not limited to, the following:
1. installation of add-on control equipment;
2. change in process(es);
3. change in process inputs, formulations, products or product mix, or raw materials (an actual emission reduction resulting from more effective operation and maintenance of abatement and process equipment if the applicant accepts a permit provision specifying a lower level of emission);
4. shutdown of emission units or stationary sources;
5. production curtailment(s); and
6. reductions in operating hours.
AQ211 §607.B-B.2;LAd12;As amended in Louisiana Register February 20, 2002 (LR 28:301),
Approved by EPA September 27, 2002 (67 FR 60877) effective September 27, 2002 (LAd12).
B. Criteria for ERC Approval
1. Emission reductions shall be recognized as ERCs only after the approval of the department has been obtained. The department shall approve emission reductions as ERCs that are determined to be surplus, permanent, quantifiable, and enforceable, as defined in LAC 33.III.605.
2. Emission reductions may be creditable for use as offsets for up to 10 years from the date of the actual emission reduction to the atmosphere. An ERC is considered to be used for this purpose upon issuance of a permit that relies upon the ERC as offsets.
AQ327 §607.C;LAd51;LA048.12J;AQ327;LR38:2767 (11/20/2012), submitted to EPA November 3, 2014 [LA048.12J].
C. Procedures for Calculating the Surplus Emission Reduction. The following procedures shall be used in calculating the quantity of surplus air emission reductions.
AQ327 §607.C.1 Reserved;LAd51;LA048.12J;AQ327;LR38:2767 (11/20/2012), submitted to EPA November 3, 2014 [LA048.12J].
1. Reserved.
AQ211 §607.C.2-C.3;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).
2. Calculate actual emissions during the baseline period.
3. Calculate adjusted allowable emissions during the baseline period. Allowable emissions shall be adjusted to account for all new or revised federal or state regulations adopted that will require, or would have required, all or a portion of the emission reductions that comprise the ERC application or ERC (in the case of a partial use of a previously approved ERC) at the time a permit application that relies upon the reductions as offsets is deemed administratively complete.
AQ327 §607.C.4;LAd51;LA048.12J;AQ327;LR38:2767 (11/20/2012), submitted to EPA November 3, 2014 [LA048.12J].
4. Quantify Baseline Emissions. Baseline emissions shall be the lower of actual emissions or adjusted allowable emissions detem1ined in accordance with Paragraph C.3 of this Section.
AQ211 §607.C.5-C.6;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).
5. Calculate allowable emissions after the reductions occurred.
6. Calculate the surplus emission reduction by subtracting the allowable emissions after the reduction occurred from the baseline emissions.
AQ211 §607.D;LAd12;As amended in Louisiana Register February 20, 2002 (LR 28:301),
Approved by EPA September 27, 2002 (67 FR 60877) effective September 27, 2002 (LAd12).
D. Adjustments for Netting. Emission reductions used in a netting analysis (i.e., to determine the net emissions increase as defined in LAC 33:III.504 or 509, as appropriate) that prevented the increase from being considered "significant" are not eligible for use as offsets. The quantity of emission reductions utilized to “net out” shall not be considered creditable.
*** end Louisiana LAC 33:III Ch. 6 Section 607, SIP effective as of September 6, 2016 (LAd51)***