SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 26.2. STANDARDS FOR GRANTING BANKING OF EMISSION REDUCTIONS
(Effective 2/16/83)
(a) The Air Pollution Control Officer shall deny an application to bank
emission reductions unless the Air Pollution Control Officer determines
that:
- The source that is the subject of the application is in compliance
with all rules and regulations, is not exempt from District permit requirements,
and the applicant has obtained and kept current such permits.
- Except as provided in Rules 26.0(c)(3) and 26.9(a), the emission reductions
exceed those required by SIP Control Measures or otherwise accounted for
in the SIP, or required by adopted federal, state, or district laws, rules,
regulations, permits or orders. The Air Pollution Control Officer shall
maintain a list of SIP Control Measures for which ERCs may not be issued
(limited ERCs are allowable under Rule 26.9). A variance issued by the
Air Pollution Control District Hearing Board is not an order within the
meaning of this Subsection.
- The emission reductions applied for have not been used or taken under
any other provision of law.
- The State Implementation Plan will not be amended by the Air Pollution
Control Board, within 120 days after receipt of the complete application
to bank emission reductions, to add to the Plan the emission reductions
for which the application to bank is made. If the Plan is to be amended
in said time, but only part of the reductions will be added to the Plan,
the remainder may still be banked.
- The emission reductions occurred on or after July 5, 1979.
- All requirements of these rules and regulations are met.
- The emission reductions have been implemented and are in effect after
the Air Pollution Control Officer's determination to grant an ERC, but
prior to entry of the ERC in the register.
- The emission reductions can be enforced through a condition contained
in a Permit to Operate or through surrender and cancellation of a Permit
to Operate. Once the Air Pollution Control Officer has indicated to the
applicant that all requirements and procedures for approval of the banking
application have been completed, the applicant shall surrender for modification,
alteration, or cancellation, the permits to operate from all sources which
will supply the banked reduction.
- The emission reductions will be real and permanent or can be classified
as Class B, pursuant to Rule 26.0(c).