Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 6 - Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking › Section III-617 - Procedures for Review and Approval of ERCs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The departments review and approval of an
				application for ERCs generally shall be conducted when a request is submitted
				to use the reductions as offsets. The review shall be conducted in accordance
				with LAC 33.III.607 or 611, as applicable.
B. Preliminary Decision to Approve the ERC.
				Upon making a preliminary decision to approve any ERC, the department shall
				provide public notice of its decision. The public notice shall include the name
				and address of the applicant, the proposed quantity and type of emission
				reductions to be approved, 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 public comment. The
				notice of preliminary approval may be incorporated with a notice of preliminary
				approval of an air permit for which the ERC will be used as offsets. If the
				notice of preliminary approval is not associated with an air permit, the
				department's preliminary decision relates only to the banking of the emission
				reductions and not to the use of the ERCs.
C. ERC Certificates
1. Issuance of ERC Certificate. Upon
				conclusion of the 30-day comment period provided in Subsection B of this
				Section, the department shall render a decision as to whether the department
				approves or disapproves the application. If the department decides to approve
				the ERC, the department shall issue an ERC certificate to the owner(s). A copy
				of the ERC certificate shall be retained by the department, and the original
				shall be delivered to the owner(s). The issued ERC certificate shall be
				recorded in the banking database.
2. Upon issuance of a permit that relies upon
				the use of approved ERCs as offsets, the department shall be responsible for
				recalculating the ERC balance for that entity and for providing that entity
				with an adjusted ERC certificate. In the case of a partial use of an ERC from
				an emission reduction project, the department shall issue a new certificate
				reflecting the available credits remaining. The remaining ERC(s) shall be
				reviewed again in accordance with LAC 33:III.607 or 611, as applicable, at the
				time a request is received to use the remaining portion.
3. Transfer of ERCs. An ERC certificate may
				be transferred in whole or in part. The role of the department in the transfer
				of an ERC certificate shall be limited to providing information to the public,
				documenting ERC transfers, and registering ERC certificates. The department
				shall be notified by letter within 30 days of any transfer of an ERC to another
				party. This correspondence should indicate the new owner, the previous owner,
				the amount of ERC transferred, and the date of transfer. The department shall
				then issue a certificate indicating the new owner. In the case of a partial
				transfer, the department shall issue a new certificate to the new owner as well
				as a revised certificate to the current owner reflecting the available credits
				to each owner. The banking database shall be adjusted accordingly.