7 Del. Admin. Code § 1134-5.0

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

Section 1134-5.0 - Application for Certification of an Emission Reduction as an ERC

5.1 Any emission reduction to be used as an ERC shall be certified by the Department.

5.2 For emission reductions implemented after January 1, 1991 but prior to October 6, 1997, an ERC application must be received by the Department within 12 months of October 6, 1997. Applications for certification of such reductions received more than 12 months after October 6, 1997 will not be accepted.

5.3 For emission reductions implemented after October 6, 1997, an ERC application must be received by the Department within 12 months after the emission reduction has first occurred, except that if an emission reduction occurs after the date described in 4.2.6 of this regulation, and that proposal is later rescinded or adopted such that the particular emission reduction is not required by the final rule, an application must be received by the Department within 12 months from the date that the proposal was rescinded or the final rule was promulgated.

5.4 A single application must be made for each emission reduction measure employed. Multiple emission units may be covered in a single application provided that the emission reduction at each emission unit is attributable to the single emission reduction measure.

5.5 Applications for ERC certification shall express emission reductions in both ozone season tons per year and non-ozone season tons per year.

5.6 A person shall apply for certification of an emission reduction by submitting to the Department the following information:

5.6.1 Company name and address, plant name and address, name and telephone number of the Responsible Official submitting the application, and when applicable, the permit number of each emission unit involved in the emission reduction;

5.6.2 Citations of all applicable emission control regulations, including any applicable requirements as defined in 7 DE Admin. Code 1130;

5.6.3 The baseline emissions for each emission unit, a description of the method used to reduce emissions, the emissions reductions that resulted from implementing the reduction method, and the quantity of emission reductions submitted for certification, all expressed in ozone season and non ozone season tons per year;

5.6.4 The test method used or the calculations used to quantify the baseline emissions and the post reduction emissions rate, along with all supporting documentation;

5.6.5 A request for the Department to impose ozone season and non-ozone season operations, activity level, or emissions cap or caps in a permit or permits (if not already completed), or, for shutdowns, a request for the Department to cancel all applicable permit or permits;

5.6.6 Compliance assurance measures such as monitoring, record keeping and reporting procedures;

5.6.7 Certification by the Responsible Official that to the best of the Responsible Official's knowledge, and after reasonable inquiry:

5.6.7.1 The information contained in the application is true, accurate and complete.

5.6.7.2 The emission reductions generated are real, surplus, enforceable, permanent and quantifiable (if the emission reduction or reductions are not enforceable and permanent at the time of application then that criteria need not be certified at this time; the Department will make the reduction or reductions enforceable and permanent prior to certification).

5.6.7.3 For reductions resulting from a shutdown or a reduction in production or the hours of operation, the shutdown or reduction in production or in the hours of operation were not undertaken solely to create ERCs from shifting utilization, and that demand for the services or product will not shift to any other emission unit at the facility resulting in no net decrease in emissions.

5.7 It shall be the responsibility of the applicant to supply all supplemental documentation that the Department requests as necessary to evaluate the application.

5.8 Applicants may claim confidentiality of information contained in the ERC application as provided by 7 Del.C. Ch 60, § 6014.

10/06/1997

7 Del. Admin. Code § 1134-5.0

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