La. Admin. Code tit. 33 § III-607

Current through Register Vol. 50, No. 5, May 20, 2024

Section III-607 - Determination of Creditable Emission Reductions from Stationary Point Sources

A. Procedures for Calculating the Surplus Emission Reduction. The following procedures shall be used in calculating the quantity of surplus air emission reductions.

1. Calculate actual emissions during the baseline period.

2. Calculate adjusted allowable emissions during the baseline period. Allowable emissions shall be adjusted to account for all new or revised federal or state regulations adopted that will require, or would have required, all or a portion of the emission reductions that comprise the ERC application or ERC (in the case of a partial use of a previously approved ERC) at the time a permit application that relies upon the reductions as offsets is deemed administratively complete.

3. Quantify Baseline Emissions. Baseline emissions shall be the lower of actual emissions or adjusted allowable emissions determined in accordance with Paragraph A.2 of this Section.

4. Calculate allowable emissions after the reductions occurred.

5. Calculate the surplus emission reduction by subtracting the allowable emissions after the reduction occurred from the baseline emissions.

B. Adjustments for Netting. Emission reductions used in a netting analysis (i.e., to determine the net emissions increase as defined in LAC 33:III.504 or 509, as appropriate) that prevented the increase from being considered "significant" are not eligible for use as offsets. The quantity of emission reductions utilized to "net out" shall not be considered creditable.

C. Emission reductions from stationary point sources may be creditable for use as offsets for up to 10 years from the date of the actual emission reduction to the atmosphere. An ERC is considered to be used for this purpose upon issuance of a permit that relies upon the ERC as offsets.

La. Admin. Code tit. 33, § III-607

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:877 (August 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1622 (September 1999), LR 28:302 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 32:1601 (September 2006), LR 33:2068 (October 2007), amended by the Office of the Secretary, Legal Division, LR 38:2767 (November 2012), Amended by the Office of the Secretary, Legal Division, LR 42928 (5/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.