7 Del. Admin. Code § 1134-4.0

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

Section 1134-4.0 - Generating an Emission Reduction

4.1 An emission reduction is valid as an ERC only after certification by the Department. Emission reductions generated for the purpose of creating ERCs must meet, at a minimum, all of the following criteria:

4.1.1 The reductions must be created from decreases of VOC or NOx emissions;

4.1.2 The emissions must be included in the 1990 or subsequent emission inventory;

4.1.3 The reductions must have occurred after January 1, 1991;

4.1.4 The emission reduction must be equal to or greater than one ton per year; and

4.1.5 The reductions must be real, surplus, permanent, quantifiable, and enforceable.

4.2 Emission reductions may be achieved by:

4.2.1 Installing control equipment to decrease actual emissions from an existing emission unit;

4.2.2 Using lower emitting raw materials;

4.2.3 Reducing production rate or the hours of operation;

4.2.4 Modifying processes or process equipment;

4.2.5 Shutting down an existing facility;

4.2.6 Early implementation of any emission control requirement provided that, prior to the date of the public hearing that starts the official comment period for the proposed control requirement, the emission reduction has occurred and has either been certified by the Department as an ERC or ERCs or, an application requesting certification has been received by the Department and that certification is ultimately approved by the Department; or

4.2.7 Other measures including reductions resulting from pollution prevention, mobile source or transportation control measures, or any other measures that reduce actual emissions and are determined to be acceptable by the Department.

4.3 Emission reductions made as required by settlement agreement, consent order, or any law, or emission reductions resulting from any illegal activity or not authorized by law shall not be eligible to generate ERCs to be used or traded under this program. Nothing in this regulation shall be construed to limit the Department's authority to reduce or eliminate ERCs under the provisions of 8.8 of this regulation.

10/06/1997

7 Del. Admin. Code § 1134-4.0

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