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-605 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms used in this Chapter are defined in LAC
				  33:III.111 with the exception of those terms specifically defined as follows.
Actual Emissions
- the actual rate of
				  emissions of an air pollutant from a source operation, equipment, or control
				  apparatus.
Actual emissions
shall be calculated using the
				  actual operating hours, production rates, and types of materials used,
				  processed, stored, or combusted during the baseline period. Acceptable methods
				  for estimating the actual emissions may include, but are not limited to, any
				  one or a combination of the following:
a. emission factors based on EPA's Compilation of Air
				  Pollutant Emission Factors (AP-42) or other emission factors approved by the
				  department, if better source specific data are not available;
b. fuel usage records, production records, purchase records,
				  material balances, engineering calculations (approved by the department),
				  source tests, waste disposal records, and emission reports such as emission
				  inventory reports, SARA Title III, or MACT compliance certifications.
a. an applicable standard set forth in  40 CFR Part 60, 61, or
				  63 ;
b. any applicable state implementation plan (SIP) emissions
				  limitation, including those with a future compliance date;
c. applicable emission limitations specified as an
				  enforceable permit condition, including best available control technology
				  (BACT) and lowest achievable emission rate (LAER) requirements, including those
				  with a future compliance date; or
d. applicable acid rain SO2 and
				  NOx control requirements as defined under Title IV of
				  the 1990 Clean Air Act Amendments and subsequent regulations.
Allowable Emissions
-the emissions rate of a
				  stationary point source calculated using the maximum rated capacity of the
				  source (unless the source is subject to enforceable limits that restrict the
				  operating rate, hours of operations, or both) and the most stringent of the
				  following:
a. an applicable standard set forth in  40 CFR part 60, 61, or
				  63 ;
b. any applicable state implementation plan (SIP) emission
				  limitation, including those with a future compliance date;
c. applicable emission limitations specified as an
				  enforceable permit condition, including best available control technology
				  (BACT) and lowest achievable emission rate (LAER) requirements, including those
				  with a future compliance date;
d. applicable acid rain SO2 and NOx
				  control requirements as defined under title IV of the 1990 Clean Air Act
				  amendments and subsequent regulations; or
e. any other applicable emission limitation or standard
				  promulgated by the administrator
Bank
- the repository for ERCs, including
				  the ERC banking database.
Bankable Emission Reductions
-reductions of
				  a criteria pollutant that meet the provisions of this Chapter at the time of
				  review and approval.
Banking
- a system for quantifying,
				  recording, storing, and preserving ERCs so that they may be used or transferred
				  for use at a future date.
Banking Database
- the department database
				  that records all ERC deposits, withdrawals, transfers, and transactions.
Baseline Emissions
-the level of emissions
				  during the baseline period, as calculated in accordance with LAC 33:III.607.
				  A.3, that occur prior to an emission reduction, considering all limitations
				  required by applicable federal and state regulations, below which any
				  additional reductions may be credited for use as offsets.
Baseline Period-
the period of time over
				  which the historical emissions of a source are averaged. In general, this
				  period shall be a two-year period that precedes the date of the emission change
				  and that is representative of normal source operation. A different time period
				  shall be allowed upon a determination by the department that it is more
				  representative of normal source operation.
Emission Reductions
-the decreases in
				  emissions associated with a physical change or change in the method of
				  operation at, or attributed to, an eligible source.
Emission Reduction Credit (ERC)
- an
				  emission reduction approved by the department in accordance with the
				  requirements of this Chapter that is surplus, enforceable, permanent, and
				  quantifiable.
Emission Reduction Credit Certificate (ERC
				  Certificate)
- a document indicating possession of a defined quantity
				  and type of ERCs and issued by the department to the owner(s) identified on the
				  certificate.
Enforceable
- as applied to emission
				  reductions, means of making emission limits enforceable include source-specific
				  SIP revisions, limitations contained in permits issued in accordance with LAC
				  33:III.Chapter 5, and EPA-issued or department-issued administrative orders or
				  enforcement instruments such as compliance orders or settlement
				  agreements.
Offset
-a legally enforceable reduction,
				  approved by the department, in the rate of actual emissions from an existing
				  eligible source, which is used to compensate for a significant net increase in
				  emissions from a new or modified stationary source in accordance with the
				  requirements of LAC 33:III.504. To be valid, an offset must meet the definition
				  of ERC.
Permanent
- as applied to emission
				  reductions, the method of achieving the reduced level of emissions is fixed or
				  ongoing. For example, installation of permanent control equipment or
				  elimination of emission units.
Quantifiable
- in reference to emission
				  reductions, the amount, rate, and characteristics of the emission reduction can
				  be estimated through a reliable method. Quantification may be based on emission
				  factors, stack tests, monitored values, operating rates and averaging times,
				  process parameters, production inputs, modeling, or other reasonable
				  measurement practices. The same method of calculating emissions should
				  generally be used to quantify emission levels both before and after the
				  reduction.
Stationary Point Source
- any building,
				  structure, facility, or installation that emits or may emit any air pollutant
				  subject to regulation under the Clean Air Act. For purposes of this Chapter,
				  stationary point sources shall include fugitive emissions.
Surplus
- emission reductions that are
				  voluntarily created for an emissions unit and have not been required by any
				  state or federal law or regulation and are in excess of reductions used to
				  demonstrate attainment of national ambient air quality standards at the time a
				  permit application that relies upon the reductions as offsets is deemed
				  administratively complete.
Transfer
- the conveyance of an ERC from one
				  entity to another. All banking transactions shall be recorded in the ERC
				  banking database and shown as debits and credits for the appropriate
				  entity(ies).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.