ERC Registration

(a) Certification. Eligible ERC generators may apply for certification of their emission reductions as an ERC according to the following requirements: (1) The application for the construction permit that will result in creation of the ERC shall meet all applicable requirements of either (A) or (B) below as appropriate. (A) OAC 252:100-7 for facilities currently operating under an individual facility FESOP; or (B) OAC 252:100-8 for facilities currently operating under a Title V operating permit. (2) The application shall be signed by the responsible official representing the ERC generator. (3) The application shall include a statement requesting the creation of ERCs and shall provide all supporting information needed by DEQ to evaluate the request including, but not limited to, the following: (A) The quantity of emission reductions, which shall be calculated in accordance with OAC 252:100-10-4(a). (B) A description of the emission reduction strategy. (C) Documentation for all of the following (where applicable): (i) Emission unit(s) that will experience a creditable emission reduction. AQAC_2026_JUL_SC_7_8_10_RUL 20 June 15, 2026 (ii) For each emission unit experiencing a creditable emission reduction, the baseline actual emissions for ERC generation. (iii) The ERC baseline period. (iv) An evaluation of any current applicable state or federal requirements limiting the emissions of the unit. (v) A description of all necessary monitoring, recordkeeping, and reporting requirements necessary to confirm that the emission reduction strategy represents a permanent reduction in baseline actual emissions for ERC generation. (vi) Affirmation by the responsible official that the limitations requested will be permanent, verifiable, federally enforceable, and surplus on generation. (D) A description of the protocol used to calculate the emission reductions generated. (E) The actual calculations performed by the ERC generator to determine the amount of emission reductions generated. (b) Administrative Review. Following receipt of an eligible ERC generator’s application for an NSR permit that will result in ERC generation, DEQ shall verify the information contained in the application and, if appropriate, certify that the emission reductions are creditable as an ERC. DEQ may request additional information from the eligible ERC generator if the application for certification is incomplete or otherwise deviates from the requirements detailed in this subsection. (c) ERC Registry. An ERC that is certified and approved by DEQ shall be added to a common registry of generated ERCs. (1) The registry shall tabulate all generated ERCs that are available for purchase either in whole or in part. (2) The registry shall serve only to direct potential ERC users to certified ERC generators, or other entities that have acquired ERCs, with whom those potential ERC users may contract for the purchase of the desired amount of available ERCs. (3) ERCs shall expire five years after the date of ERC creation unless the ERC has been included in an administratively complete application for a PSD construction permit that has been submitted no more than five years after the date of ERC creation. (4) DEQ shall update the registry following ERC registration, acquisition, and expiration. (5) DEQ shall, upon request of a potential ERC user, verify whether an ERC may still be considered surplus if purchased at the time of the request. (d) ERC Transfer. When another entity acquires ERCs from an ERC generator or from another party, the entity that acquires the ERCs shall notify DEQ within 30 days so that DEQ may update the ERC registry. The notification shall include identification of the responsible official representing the entity, the monetary value or other consideration associated with the ERCs transferred, and additional information needed to populate the registry.