7 Del. Admin. Code § 1134-1.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1134-1.0 - Program Overview

The purpose of this regulation is to establish a voluntary emission banking and trading program. Participation in this program shall not relieve a person of the responsibility to comply with any applicable local, State, or Federal law or regulation. This program does not limit the use of emission reduction credits (ERCs) established pursuant to this regulation. It is the responsibility of the user to ensure that the use of any ERC is consistent with the requirements of all underlying applicable requirements (i.e., the particular ERC meets all restrictions on geographic location, attainment classification, pollutant type, etc. that are imposed by an underlying applicable requirement). The goals of the program are to:

1.1 Create market-based incentives for emission reductions of volatile organic compounds (VOCs) and nitrogen oxides (NO_x);

1.2 Encourage early emission reductions and technological innovations to reduce emissions;

1.3 Encourage the creation of surplus emission reductions as emission reduction credits (ERCs);

1.4 Provide for the trading and the use of ERCs for offsets and cost-effective compliance with emission standards and limitations established by applicable requirements, where such use is specifically allowed by such applicable requirements;

1.5 Produce a net air quality benefit through the permanent retirement of a percentage of all emission reductions submitted to the Department for certification as ERCs;

1.6 Assure that ERCs are real, surplus, enforceable, permanent, and quantifiable;

1.7 Require that the use of ERCs is consistent with the Act, regulations promulgated under the Act, the State Implementation Plan (SIP), and the federal Clean Air Act;

1.8 Establish a mechanism to ensure the state and federal enforceability of ERCs; and

1.9 Not interfere with any applicable requirements concerning maintenance, attainment, or reasonable further progress toward the attainment of any NAAQS, or any other applicable air pollution control requirement.

10/06/1997

7 Del. Admin. Code § 1134-1.0

22 DE Reg. 405 (11/1/2018) (Final)