Ariz. Admin. Code § 18-2-1205

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-2-1205 - Certification of Credits for Emission Reductions by Plan Generators; Enforcement

A. Application. The owner or operator of a plan generator may apply for credits for reductions in qualifying emissions by filing an application with the certification authority. The application shall be filed on the form prescribed by the Department and shall include:

1. The emissions bank account number obtained under R18-2-1206 for the owner or operator;

2. Information on the identity, type, ownership, and location of the plan generator;

3. An emission reduction plan satisfying subsection (B); and

4. A signed statement by a responsible official, as defined in R18-2-301, verifying the truthfulness and accuracy of all information provided in the application.

B. Emission Reduction Plan Contents. An emission reduction plan for a program to reduce qualifying emissions at a plan generator shall include the following elements:

1. A clearly defined purpose and goal;

2. A clearly defined scope that identifies affected activities and assures that the program will not interfere with any other applicable requirements;

3. The composition of any fleet of mobile sources that will participate in the program;

4. A calculation of baseline emissions;

5. A calculation of projected emissions after implementation of the program;

6. Methods for accounting for uncertainty in the projection of program results;

7. Reliable, replicable procedures for quantifying emissions or emission-related parameters, as appropriate;

8. Monitoring, recordkeeping, and reporting requirements that are consistent with the specified quantification procedures and allow for compliance certification and enforcement;

9. An implementation schedule, administrative system, and enforcement provisions adequate for ensuring enforceability of the program; and

10. Such other elements as the Department may reasonably require in order to assure that reductions in qualifying emissions are permanent, quantifiable, surplus, enforceable, and real.

C. Proposed Action and Public Process.

1. The certification authority shall publish notice of the proposed action on an application submitted under this Section in the manner prescribed by A.R.S. § 49-444 and as follows:

a. On the website for the certification authority; and

b. By mail or email to persons on a mailing list who have requested notice of applications under this Section.

2. By no later than the date public notice is published under subsection (C)(1), the certification authority shall make a copy of the following materials available at a public location in the same county as the proposed program to reduce qualifying emissions, at the closest office of the certification authority, and on the certification authority's website:

a. The application, including the emission reduction plan;

b. The proposed action;

c. The certification authority's analysis in support of the proposed action; and

d. All other materials in the certification authority's possession that are relevant to the proposed action.

3. The certification authority shall accept public comment on the proposed action for at least 30 days after the first publication of the notice under subsection (C)(1).

4. The certification authority shall hold a public hearing no sooner than 30 days after the first publication of the notice under subsection (C)(1).

5. The notice shall include the following:

a. The identity and location of the applicant;

b. A concise description of the program for reducing qualifying emissions;

c. The locations at which materials relating to the proposed action are available under subsection (C)(2);

d. The date by and manner in which written comments on the proposed action may be submitted; and

e. The location, date, and time for the hearing under subsection (C)(4).

D. Action on Application.

1. The certification authority shall deny the application for certification if none of the reductions in emissions qualifies as permanent, quantifiable, surplus, enforceable, and real.

2. The certification authority shall grant the application and issue one conditional credit for each ton per year of reductions that qualifies as permanent, quantifiable, surplus, enforceable, and real.

E. Approval by Administrator.

1. On grant of an application under subsection (D)(2) by a certification authority other than the Department, the certification authority shall transmit the conditional credits and the associated emission reduction plan to the Department for submission to the Administrator under subsection (E)(2). In addition to the credits and plan, the submission shall include all of the elements required for a revision to the state implementation plan under 40 CFR 51.

2. On issuance of conditional credits by the Department under subsection (D)(2) or receipt of conditional credits under subsection (E)(1), the Department shall submit the conditional credits and the associated emission reduction plan to the Administrator for approval as a revision to the state implementation plan.

3. On final action by the Administrator on the state implementation plan revision submitted under subsection (E)(2), the certification authority shall issue certified credits and revoke conditional credits as necessary to be consistent with the Administrator's action.

F. Enforcement. A violation of any provision of an emission reduction plan approved by the Administrator under subsection (E) is a violation of this rule by the owner or operator of the plan generator.

Ariz. Admin. Code § R18-2-1205

New Section made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.