WAC 173-400-131
Issuance of emission reduction credits. (1) Applicability. The owner or operator of any source may
apply to the permitting authority for an emission
reduction credit (ERC) if the source proposes to reduce its
actual emissions rate for any contaminant regulated by state
or federal law for which the emission requirement may be
stated as an allowable limit in weight of contaminant per unit
time for the emissions units involved.
(2) Time of application. The application for an ERC must
be made prior to or within one hundred eighty days after the
emission reduction has been accomplished.
(3) Conditions. An ERC may be authorized provided the
following conditions have been demonstrated to the
satisfaction of the permitting authority.
(a) The quantity of emissions in the ERC shall be less
than or equal to the old allowable emissions rate or the old
actual emissions rate, whichever is the lesser, minus the new
allowable emissions rate.
(b) The ERC application must include a description of all
the changes that are required to accomplish the claimed
emissions reduction, such as, new control equipment, process
modifications, limitation of hours of operation, permanent
shutdown of equipment, specified control practices, etc.
(c) The ERC must be large enough to be readily
quantifiable relative to the source strength of the emissions
unit(s) involved.
(d) No part of the emission reductions claimed for credit
shall have been used as part of a determination of net
emission increase, nor as part of an offsetting transaction
under WAC 173-400-112 (2)(d), nor as part of a bubble
transaction under WAC 173-400-120, nor to satisfy NSPS,
NESHAPS, for Source Categories, BACT, or LAER.
(e) Concurrent with or prior to the authorization of an
ERC, the applicant shall receive (have received) a regulatory
order or permit that establishes total allowable emissions
from the source or emissions unit of the contaminant for which
the ERC is requested, expressed as weight of contaminant per
unit time.
(f) The use of any ERC shall be consistent with all other
federal, state, and local requirements of the program in which
it is used.
(4) Additional information. Within thirty days after the
receipt of an ERC application and all supporting data and
documentation, the permitting authority may require
the submission of additional information needed to review the
application.
(5) Approval. Within thirty days after all required
information has been received, the permitting authority shall approve or deny the application, based on a
finding that conditions in subsection (3)(a) through (e) of
this section have been satisfied or not. If the application
is approved, the permitting authority shall:
(a) Issue a regulatory order or equivalent document to
assure that the emissions from the source will not exceed the
allowable emission rates claimed in the ERC application,
expressed in weight of pollutant per unit time for each
emission unit involved. The regulatory order or equivalent
document shall include any conditions required to assure that
subsection (3)(a) through (e) of this section will be
satisfied. If the ERC depends in whole or in part upon the
shutdown of equipment, the regulatory order or equivalent
document must prohibit operation of the affected equipment;
and
(b) Issue a certificate of emission reduction credit. The certificate shall specify the issue date, the contaminants
involved, the emission decrease expressed as weight of
pollutant per unit time, the nonattainment area involved, if
applicable, and the person to whom the certificate is issued.
[Statutory Authority: RCW 70.94.152. 05-03-033 (Order
03-07), § 173-400-131, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141,[70.94.]152
, [70.94.]331, [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-131, filed 8/15/01,
effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 93-18-007 (Order 93-03), § 173-400-131, filed 8/20/93,
effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-131,
filed 2/19/91, effective 3/22/91.]