7 Del. Admin. Code § 1134-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1134-3.0 - Applicability

3.1 The voluntary banking and trading program established by this regulation applies to any person who desires to have an emission reduction or reductions certified as an ERC or ERCs, any person who desires to trade an ERC or ERCs with another person, and any person who desires to use an ERC or ERCs.

3.2 A person who owned or operated a source after January 1, 1991 may submit an application for certification of an emission reduction to the Department.

3.3 ERCs may be generated or traded in accordance with this regulation. ERCs may be used subject to the restrictions in this regulation and any underlying regulation.

3.4 ERCs can be traded between emission sectors (e.g., from mobile sources to stationary sources) in accordance with 9.1 of this regulation.

3.5 An emission reduction at an emission unit located in another state within the Ozone Transport Region may be certified as an ERC by that other state and placed in the bank established under this regulation only if the emission reduction is approved by the Department, and is enforceable by the Administrator of the EPA and the other state. The first such certification from a particular state shall be the subject of a specific revision to the Delaware State Implementation Plan (SIP) and the SIP of that other state. Any subsequent certification shall be consistent with the method or methods and assumptions approved into the SIPs.

10/06/1997

7 Del. Admin. Code § 1134-3.0

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