General provisions

(a) Eligible pollutants. An emission reduction credit (ERC) may only be obtained for a reduction in nitrogen oxides (NOX) or volatile organic compounds (VOCs). (b) No inter-pollutant ERC substitution. ERCs are pollutant specific. (1) An ERC generated for a reduction in NOX emissions may not be used to offset an emissions increase in VOCs. (2) An ERC generated for a reduction in VOC emissions may not be used to offset an emissions increase in NOX. (c) ERC requirements. (1) To establish an ERC the emission reduction must meet all of the following criteria: (A) The emission reduction must be permanent. (B) The emissions reduction must be verifiable. (C) The emission reduction credit must be federally enforceable. (D) The emission reduction credit must represent actual emissions as defined in OAC 252:100-10-4(a)(1). (E) The emission reduction credit must be surplus at the time of generation and at the time of use. (F) The emission reduction credit must be generated by a facility located within the state of Oklahoma. (2) Ineligible uses of ERCs. (A) ERCs generated under the requirements specified in this Subchapter may not be used to offset emissions in nonattainment areas as required in OAC 252:100-8-51.1, emissions reductions and offsets. (B) [RESERVED] (d) Permit and public notice requirements. The generation of an ERC must occur through the issuance of a construction (NSR) permit that establishes requirements in accordance with OAC AQAC_2026_JUL_SC_7_8_10_RUL 17 June 15, 2026 252:100-10-3(c) above and which meets the public review and permit content requirements of paragraph (1) or (2) below. (1) The generation of an ERC by a facility currently operating under a Title V operating permit shall be established through issuance of a construction permit that meets the requirements of OAC 252:100-8-5(d), the content requirements for construction permit applications, and which has undergone Tier II or Tier III public review. (2) The generation of an ERC by a facility currently operating under an individual facility FESOP shall be established through issuance of a construction permit that meets the requirements of OAC 252:100-7-15(c), the content requirements for a construction permit for an individual facility. In addition, the construction permit must undergo Tier II or Tier III public review. (e) Severability. If any provision of this Subchapter is held invalid, the remainder of this Subchapter, including any permits issued under the provisions of this Subchapter other than those which are held invalid, shall not be affected thereby.