(Effective 2/16/83)

The Air Pollution Control District may create and own ERCs.

(a) The District may bank emission reductions from any source according to the following requirements:

  1. The District shall give the current owner, if any, of the source which supplied the reduction, ninety days written notice of its intent to bank the reduction prior to initiating the public comment period specified in Rule 26.6 for the reduction. Upon written request of the owner, the District shall extend the period an additional ninety days.

  2. The District's right to bank reductions shall be terminated by the owner filing, within the period allowed in Subsection (a)(1), an application to bank the reductions.

  3. The reductions banked by the District shall meet all requirements applicable to reductions banked by any other person. The District shall complete an application for banking which shall be available for public inspection, and submit the proposed banking decision to the public comment period specified in Rule 26.6. The ERCs shall be classified as Class A or Class B in the same manner as ERCs owned by the public.

  4. The District may not bank reductions which require the modification or cancellation of a Permit to Operate without the written consent of the holder of the permit. Cancellation, as used in this Subsection, shall not include the expiration of a Permit to Operate because of the failure of a permit holder to renew the Permit to Operate.

(b) The District owned reductions may be used as follows:

  1. The District owned ERCs may be used as offsets for a net increase in the emissions from a new or modified cogeneration project, a project using refuse-derived or biomass-derived fuels for energy generation , or a resource recovery project using municipal waste. The District owned ERCs shall be used to offset emissions only after the applicant has demonstrated to the satisfaction of the Air Pollution Control Officer that it has made its best efforts to obtain offsets and that such efforts were unsuccessful.

  2. At the discretion of the Air Pollution Control Officer, any portion of the District owner ERCs may be cancelled to create a reduction in the District's emissions inventory in order to demonstrate Reasonable Further Progress.

  3. The District owned ERCs may be used for any other purpose approved by the Air Pollution Control Board and in conformity with state and federal laws.