Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.209 - ERC registry system

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will establish an ERC registry system to track ERCs which have been
						created, transferred and used in accordance with the requirements of this
						subchapter. Prior to registration of the ERCs, the Department will review and
						approve the ERC registry application to verify compliance with this subchapter.
						Registration of the ERCs in the registry system will constitute certification
						that the ERCs satisfy the requirements of this subchapter and are available for
						use.
(b) The Department will
						maintain supporting documentation, including plan approval or permit decisions,
						registry applications and other items required to sufficiently characterize the
						emissions, which will allow the Department and potential users to determine if
						the ERCs are suitable for use at a specific facility.
(c) As part of the NSR process, the
						Department will provide the EPA and the public with notice of a plan approval
						or operating permit proposing to use ERCs.
(d) The Department will process each ERC
						registry application, permit modification and plan approval application,
						including those involving netting transactions, through the registry system to
						verify the information and to ensure that the requirements of §§
												127.206-127.208 (relating to ERC general
						requirements; creditable emissions decrease or ERC generation and creation; and
						ERC use and transfer requirements) have been met, including the requirement
						that the required reductions have been made and certified before registry
						entries or changes are made.
(e)
						Registry operations and procedures are as follows:
(1) The registry will list the ERCs, and the
						Department will publish revisions to the list of registered ERCs available for
						trading purposes in the
Pennsylvania Bulletin
on a quarterly
						basis.
(2) The registry will list
						ERCs by criteria pollutants and identify the nonattainment areas in which the
						ERCs were generated. The registry will identify ERCs that are available for use
						and that are in use.
(3) The ERC
						creation date entered in the registry will reflect the anticipated date of
						emissions reduction and will be amended as necessary to reflect the actual
						emissions reduction date.
(4) Upon
						issuance of a plan approval or operating permit allowing the use of ERCs
						entered in the registry, the following registry transactions will occur:
(i) The registry will identify the remaining
						ERCs available for use, if any, after the transaction. The ERC expiration date
						will be included for ERCs generated under § 127.207(5)(i) and
						(ii).
(ii) The registry will
						indicate the effective date, the quantity of ERCs used, the originating
						generator and the ERC creation date, which is the date of actual or anticipated
						emissions reduction by the ERC generating facility.