Placer County APCD 505

- 1 Rules and Regulations 

### RULE 505 PRIORITY RESERVE

Adopted 9

- 21

- 93

CONTENTS

100 GENERAL

101 PURPOSE

102 APPLICABILITY

200 DEFINITIONS

201 CLEANUP OPERATION

202 ESSENTIAL PUBLIC SERVICES

203 PRIORITY RESERVE BANK

204 QUARTERLY

300 STANDARDS

301 CRITERIA

302 PRIORITY RESE RVE

303 ALLOCATION FOR ESSENTIAL PUBLIC SERVICES

304 DISBURSEMENT

305 PRIORITY RESERVE PRIORITIZATION

306 RESERVING PRIORITY RESERVE CREDITS

307 UNUSED CREDITS

308 TRANSFERS

309 RETURNS

310 MORATORIUM

400 ADMINISTRATIVE REQUIREMENTS

401 CALCULATION PROCE DURES

402 EMISSION REDUCTION CREDITS

500 MONITORING AND RECORDS

501 RECORDKEEPINGRules and Regulations 505

- 2 Placer County APCD This Page Intentionally Left BlankPlacer County APCD 505

- 3 Rules and Regulations 100 GENERAL

101 PURPOSE: The Priority Reserve Bank is established within the Emission Reduction

Bank fo r the following purposes:

101.1 Use in achieving the emissions reduction rate of progress requirements of the District Air Quality Attainment Plan or State Implementation Plan; and

101.2 Use in mitigating emission increases by stationary sources, represe nted by permit applications for new or modified permits, in the period of July 1, 1991, through January 1, 1993, and the period of January 1, 1993, through September 21, 1993, to the extent mitigation was required by law and was not obtained under the adop ted District Rules and Regulations; and

101.3 Use in providing loans of emission reductions for use as offsets for new or modified stationary sources that are essential public services.

102 APPLICABILITY: Emission reduction loans from the Priority Reser ve shall be made to

the extent that banked emission reductions are available and the transfer is allowed pursuant to Section 304, to publicly owned or non

- profit essential public services. The applicant must have secured all potential offsets available by modifying emission units at the same stationary source. Disbursement of emission reduction loans shall not be provided for on

- site power generation. Disbursement of emission reduction loans shall not be provided for emissions units not necessary to prov ide or maintain public health and safety. Disbursement of emission reduction loans must be made with banked emission reductions that are surplus to mandated reductions

- the emission reductions required to meet rate of progress plan commitments and to mit igate emission increases occurring prior to September 21, 1993.

200 DEFINITIONS: Unless otherwise defined below, the terms used in this rule are defined in Rule
502, NEW SOURCE REVIEW, and Rule 504, EMISSIONS REDUCTION CREDITS.

201 CLEANUP OPERATION: O peration to remove environmental contaminants from soil or

water.

202 ESSENTIAL PUBLIC SERVICES: Except as provided in Section 102, the following sources shall be considered essential public services.

a. Sewage treatment operations which are publicly ow ned and operated consistent with the approved General Plan; or

b. Prison, jail, correctional facility; or

c. Police or fire fighting facility; or

d. School or hospital; or

e. Landfill gas control or processing systems; or

f. Water delivery operations which are publicly owned and operated consistent with the approved General Plan; or

g. Cleanup or remediation operations mandated by Regional Water Quality Control Board, California Department of Health Services, Environmental Protection Agency or any oth er state or federal law, rule or regulation.Rules and Regulations 505

- 4 Placer County APCD 203 PRIORITY RESERVE BANK: A depository of emission reductions used by the District toward achieving mandated emission reductions or for loans to applicable essential public services for use as offsets pursuan t to Rule 502, NEW SOURCE REVIEW.

204 QUARTERLY: Calendar quarter beginning in January, April, July, and October.

300 STANDARDS

301 CRITERIA: The Priority Reserve Bank shall be supported by actual emission reductions

which are certified as emission re duction credits (ERC) pursuant to Rule 504, EMISSION

REDUCTION CREDITS.

302 PRIORITY RESERVE BANK: Support for the Priority Reserve Bank shall include, but

not be limited to:

302.1 The adjustment on all emission reductions in accordance with Rule 504,

E MISSION REDUCTION CREDITS.

302.2 Shutdowns or modifications of stationary sources or emission units not claimed for emission credits by the facility as provided in Rule 504, EMISSION

REDUCTION CREDITS.

303 ALLOCATION FOR ESSENTIAL PUBLIC SERVICES: On or before December 31st of each year, the Air Pollution Control Officer shall determine the amount of emission reductions from the Priority Reserve Bank to be made available for withdrawal and application to essential public services for the upcoming year. Additional emission reductions not included in the yearly determination may be added, if the Air Pollution Control Officer determines there is a need, to the previously established quarterly

allocations. Allocated emissions reductions shall be made availa ble on the first Wednesday of each calendar quarter. The amount available shall never exceed the emission reductions in the Priority Reserve Bank. The Air Pollution Control Officer may reserve a portion or all of the available emission reductions in the Priority Reserve Bank to meet mandated emission reduction requirements. In the event the Priority Reserve Bank lacks sufficient emission reduction credits to offset emission increases for eligible stationary sources or emission units, or such emissions ha ve not been allocated, the owner or operator of the new or modified stationary source or emission unit shall be responsible for obtaining the offsets required.

304 DISBURSEMENT: A loan of emission reductions from the Priority Reserve Bank shall be

based upon issuance of a final action on an Authority to Construct, pursuant to Rule 502, NEW SOURCE REVIEW, and no later than 15 days following the end of the calendar quarter or other schedule deemed applicable by the Air Pollution Control Officer.

304.1 Lega l Title to the emission reductions borrowed from the Priority Reserve Bank remains with the District. An ERC certificate of ownership will not be issued for emission reductions loaned from the Priority Reserve Bank.

304.2 A borrower of emission reduction s from the Priority Reserve Bank will be issued

an ERC Bank account number and the borrowed emission reductions will be

credited to that account.

304.3 Upon application by the borrower for an authority to construct and permit to operate the emission reductions in the borrower's account will be credited to the permit.Placer County APCD 505

- 5 Rules and Regulations 304.4 The District will enter the permit number and the amount of emission reductions credited from the borrower's account on the permit and in the borrower's account history.

304.5 Disbursement of emiss ion reductions from source shutdowns and curtailments

shall be in accordance with the most current US Environmental Protection Agency emissions trading policy and applicable federal regulations.

305 PRIORITY RESERVE PRIORITIZATION: Priority shall be give n to mandated emission reductions, the emission reductions required to meet rate of progress plan commitments and to mitigate emission increases occurring prior to September 21, 1993. To the extent surplus emission reductions are available, priority for e ssential public services shall be given to applications to the Priority Reserve Bank with the earliest date an application is deemed complete. The Board of Directors of the District may determine that a specific project shall be given priority for access to the Priority Reserve based on public health or safety, regardless of the application submittal date.

306 RESERVING PRIORITY RESERVE CREDITS: Sources may, if the Air Pollution Control Officer determines a need, reserve Priority Reserve credits for up t o three years to allow

multi

- year projects to be planned. The sum of such credits shall amount to no more than 25 percent of each calendar quarter allocation for the Priority Reserve for those three

years.

307 UNUSED CREDITS: During any calendar quarter for which there are fewer requests for emission credits in the Priority Reserve Bank than are available for the calendar quarter allocation, the credits not allocated shall be made available for use the following calendar

quarter.

308 TRANSFERS: Priorit y Reserve Bank credits shall not be transferable from one person to

another.

309 RETURNS: Emission reductions shall be returned in full from the borrower's account to the Priority Reserve Bank under any of the following conditions:

309.1 Construction is not complete within two years of date of issuance of the loan.

309.2 Voluntary surrender or revocation of an Authority to Construct or Permit to Operate.

309.3 Emission reduction credits are issued to the stationary source pursuant to Rule 504, EMISSION REDUCTION CREDITS.

310 MORATORIUM: Except as provided in Section 309, a loan of emission reduction credits shall exist for the life of the emissions unit using such credits. If the District Board of

Directors determines that additional emission reducti ons are necessary, a moratorium on loans may be imposed. Prior to issuing a moratorium, the Air Pollution Control Officer shall provide a notice of the date of the meeting of the District Board of Directors to

consider such actions. The moratorium shall be lifted upon determination that additional emission reductions are not necessary by the District Board of Directors.

400 ADMINISTRATIVE REQUIREMENTS

401 CALCULATION PROCEDURES: Emission reductions deposited in the Priority Reserve Bank shall be quanti fied pursuant to calculation procedures specified in Rule 504,

EMISSION REDUCTION CREDITS.Rules and Regulations 505

- 6 Placer County APCD 402 EMISSION REDUCTION CREDITS: Any stationary source which holds Emission Reduction Credits for the affected pollutant requested in this application or requested i n prior applications, must first use these to replenish credits previously obtained or for the pending application, prior to being allowed access to the Priority Reserve Bank.

500 MONITORING AND RECORDS

501 RECORDKEEPING

501.1 Each stationary source sha ll maintain a cumulative total of emission credits obtained from the Priority Reserve Bank.

501.2 The District shall maintain records of the source and amount of emission reductions obtained for deposit in the Priority Reserve Bank, and transfers of

these credits to applicants and to satisfy mandated emission reduction

measures.