7 Del. Admin. Code § 1134-14.0

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

Section 1134-14.0 - Program Evaluation and Individual Audits

14.1 The Department shall maintain records of banked ERCs and shall account for them periodically as "emitted" in the context of any Rate of Progress Plan (RPP) so as to ensure that the banking and trading program will not interfere with the RPP or the attainment of any NAAQS.

14.2 The Department shall conduct an audit of the emission banking and trading program within three years from October 6, 1997, and every three years thereafter to ensure that the program is achieving the goals specified in 1.0 of this regulation. The audits will evaluate whether the emission banking and trading program:

14.2.1 Is consistent with the maintenance of NAAQS and does not interfere with Reasonable Further Progress (RFP) towards attainment of NAAQS;

14.2.2 Requirements for monitoring, record keeping, reporting and enforcement have resulted in a sufficiently high level of compliance; and

14.2.3 Has caused any localized adverse effects to the public health, safety or welfare or the environment.

14.3 The Department shall prepare a report on the evaluation of the program. The Department shall seek public input on the conclusions contained in the evaluation report and provide for a public notice, public comment period, and allow for the request to hold a public hearing on the conclusions contained in the report.

14.4 If after an evaluation of the program, the Department determines that it is necessary to make program modifications, or to eliminate the program, the Department within six months of the completion of the evaluation shall use its best efforts to propose a revised regulation and prepare a submittal to the Administrator of the EPA as a revision to the SIP.

14.5 The Department will retain an independent party to complete the audit if an audit is not completed within 12 months of October 6, 2000 or the conclusion of any three-year period thereafter as specified under 14.2 of this regulation.

14.6 The Department may conduct audits of individual transactions which take place under this regulation to determine compliance with all applicable requirements. These audits may include, but shall not be limited to, the following:

14.6.1 A compliance assessment of the sources that generate, bank, use or trade ERCs; and

14.6.2 A review of the methods, procedures, determinations and calculations used to monitor, record, quantify, and certify emissions, emission reductions, and the generation and use of ERCs.

14.7 If after an audit of a source or the use or trading of ERCs under this regulation, the Department determines that all applicable requirements have not been complied with, the Department may, pursuant to reasonable notice, deny pending permit actions or take an appropriate enforcement action as provided under the Act and provisions of this regulation.

7 Del. Admin. Code § 1134-14.0

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