Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability. The owner or
operator of any source may apply to the permitting authority for an emission
reduction credit (ERC) if the source proposes to reduce its actual emissions
rate for any contaminant regulated by state or federal law for which the
emission requirement may be stated as an allowable limit in weight of
contaminant per unit time for the emissions units involved.
(2)
Time of application. The
application for an ERC must be made prior to or within one hundred eighty days
after the emission reduction has been accomplished.
(3)
Conditions. An ERC may be
authorized provided the following conditions have been demonstrated to the
satisfaction of the permitting authority.
(a)
The quantity of emissions in the ERC shall be less than or equal to the old
allowable emissions rate or the old actual emissions rate, whichever is the
lesser, minus the new allowable emissions rate. The old actual emissions rate
is the average emissions rate occurring during the most recent
twenty-four-month period preceding the request for an ERC. An alternative
twenty-four-month period from within the previous five years may be accepted by
the permitting authority if the owner or operator of the source demonstrates to
the satisfaction of the permitting authority that the alternative period is
more representative of actual operations of the unit or source.
(b) The ERC application must include a
description of all the changes that are required to accomplish the claimed
emissions reduction, such as, new control equipment, process modifications,
limitation of hours of operation, permanent shutdown of equipment, specified
control practices, etc.
(c) The
reduction must be: Greater than otherwise required by an applicable emission
standard, order of approval, or regulatory order and be permanent,
quantifiable, and federally enforceable.
(d) The reduction must be large enough to be
readily quantifiable relative to the source strength of the emissions unit(s)
involved.
(e) No part of the
emission reductions claimed for credit shall have been used as part of a
determination of net emission increase, nor as part of an offsetting
transaction under WAC
173-400-113(4)
or 173-400-830, nor as part of a
bubble transaction under WAC
173-400-120.
(f) No part of the emission reduction was
included in the emission inventory used to demonstrate attainment or for
reasonable further progress in an amendment to the state implementation
plan.
(g) Concurrent with or prior
to the authorization of an ERC, the applicant shall receive (have received) a
federally enforceable regulatory order or permit that establishes total
allowable emissions from the source or emissions unit of the contaminant for
which the ERC is requested, expressed as weight of contaminant per unit
time.
(h) The use of any ERC shall
be consistent with all other federal, state, and local requirements of the
program in which it is used.
(4)
Additional information.
Within thirty days after the receipt of an ERC application and all supporting
data and documentation, the permitting authority may require the submission of
additional information needed to review the application.
(5)
Approval. Within thirty days
after all required information has been received, the permitting authority
shall approve or deny the application, based on a finding that conditions in
subsection (3)(a) through (h) of this section have been satisfied or not. If
the application is approved, the permitting authority shall:
(a) Issue a regulatory order or equivalent
document to assure that the emissions from the source will not exceed the
allowable emission rates claimed in the ERC application, expressed in weight of
pollutant per unit time for each emission unit involved. The regulatory order
or equivalent document shall include any conditions required to assure that
subsection (3)(a) through (h) of this section will be satisfied. If the ERC
depends in whole or in part upon the shutdown of equipment, the regulatory
order or equivalent document must prohibit operation of the affected equipment;
and
(b) Issue a certificate of
emission reduction credit. The certificate shall specify the issue date, the
contaminants involved, the emission decrease expressed as weight of pollutant
per unit time, the nonattainment area involved, if applicable, and the person
to whom the certificate is issued. The emission reduction credit listed in the
certificate shall be less than the amount of emission reduction achieved by the
source. The difference between the emission reduction and the emission
reduction credit must be a decrease of at least one ton per year or one percent
of the emission reduction, whichever decrease is greater.
(c) The certificate of emission reduction
credit shall include the expiration date of the credit.
Statutory Authority:
Chapter
70.94 RCW. 11-06-060
(Order 09-01), § 173-400-131, filed 3/1/11, effective 4/1/11. Statutory
Authority:
RCW
70.94.152. 05-03-033 (Order 03-07), §
173-400-131, filed 1/10/05, effective 2/10/05. Statutory Authority:
Chapter
70.94 RCW,
RCW
70.94.141, [70.94.]152,[70.94.]331 ,
[70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-131, filed
8/15/01, effective 9/15/01. Statutory Authority:
Chapter
70.94 RCW. 93-18-007
(Order 93-03), § 173-400-131, filed 8/20/93, effective 9/20/93; 91-05-064
(Order 90-06), § 173-400-131, filed 2/19/91, effective
3/22/91.