Texas Commission on Environmental Quality

FORM EC-1

APPLICATION FOR CERTIFICATION OF EMISSION CREDITS

FORM AND INSTRUCTIONS

General:

In accordance with Title 30 Texas Administrative Code § 101.303 Part (c) (30 TAC § 101.303(c) ), an owner or an operator of a facility may elect to generate emission reduction credits (ERCs) by reducing emissions beyond the level required by any local, state, and federal regulations and by submitting a completed Form EC-1 entitled, “Application for Certification of Emission Credits.” Form EC-1 must be submitted within 180 days of the implementation of the emission reduction strategy, along with all supporting documentation. The owner or operator of the facility which has generated ERCs is responsible for completing the Form EC-1 and mailing it to the Texas Commission on Environmental Quality (TCEQ), Air Quality Division, Emission Banking and Trading Program MC-206, P.O. Box 13087, Austin, Texas78711-3087. All information regarding the nature of the ERC certification and the amount of ERCs credited will be immediately made available to the public.

Specific:

  1. Company Identifying Information

A.Company Name: Enter the legal name of the company or corporation and mailing address, telephone number, and fax number of the owner or operator of the site. The company name provided should match the TCEQ Core Data Form.

B.TCEQ Customer Number (CN): Enter the TCEQ assigned number of the owner or operator of the site. The CN is a unique number assigned to the company or corporation and applies to all facilities and sites owned or operated by this company or corporation. A typical example of a CN is CN600123456. These identification numbers have recently been assigned by the TCEQ, replacing the air quality account number. If you have not been officially notified by the TCEQ Central Registry Program of your Customer Number, or have any questions about your Customer Number, you may call (512) 239-5160 for assistance to obtain or verify the account number.

C.Site Name: Provide the site name and street address for the facility which has generated ERCs. If no street address is available, provide written driving directions. Identify the location by distance and direction from well-known landmarks such as highway intersections. Enter the city or town where the site is located. If the address is not located in a city or town, enter the city or town closest to the site even if it not located in the same county as the site. Enter the county where the site is physically located. Include the zip code for the physical location of the site.

D.TCEQ Regulated Entity Number (RN): Enter the TCEQ assigned number of the site identified in Section C. The RN replaces the former TCEQ account number for the facility or site. A typical example of a RN is RN100123456. These identification numbers have recently been assigned by the TCEQ, replacing the air quality account number. If you have not been officially notified by the TCEQ Central Registry Program of the Regulated Entity Number, or have any questions about your Regulated Entity Number, you may call (512) 239-5160 for assistance to obtain or verify the account number.

E.Other Site Information: Enter the primary Standard Industry Classification (SIC) code for the site as well as the current air permit number under which the facility or facilities which have generated ERCs are operating.

TCEQ 10387 (Revised 12/07) Form EC-1 Instructions

This form is for use by facilities subject to air quality

permit requirements and may be revised periodically. [APDG 5067v3]

Page 3 of 3

EC-1 Instructions and Form

  1. Technical Contact Information

A.Technical Contact Name and Title: Provide the name, title, address, telephone number, fax number and e-mail address of the person the TCEQ should contact for technical questions. This contact must have the authority to make binding agreements and representations on behalf of the applicant. The technical contact may be a consultant.

III.Contact for Sale of Certificate

A.Business Contact Name and Title: Provide the name, title, address, telephone number, fax number and e-mail address of the business contact the TCEQ should contact regarding issuance of the certificate. This contact must have the authority to make binding agreements and representations on behalf of the applicant. The business contact will also be listed in the ERC registry so interested parties may inquire about purchase or transfer of the certificate.

IV.Generation Activity

Identify the type of generation activity; shutdown, additional control, or other. Provide a brief description of the generation activity. If the strategy is a facility shutdown, please provide the shutdown date. If the strategy is a reduction in overall emissions, provide the date the reduction went into effect. Indicate whether production has shifted to another facility in the same nonattainment area. Note: If production has shifted to another facility within the same site, the facility is not eligible to receive ERCs.

V.Emissions Rate Data

List emissions activity for each specific facility generating ERCs. For VOC emissions, attach a separate table listing all species of VOC reduced and their respective amounts. Enter the information in each column as described below:

Emission Point Number (EPN) and Facility Identification Number (FIN): Enter the Emission Point Number (EPN) and Facility Identification Number (FIN) for each facility. This information should match previous information submitted to the TCEQ Air Quality Division regarding emissions inventory or a permit application.

Pollutant: List the criteria pollutant, either NOx or VOC. Use a separate row for each criteria pollutant produced from the same facility.

Year: Enter the baseline years for each facility. Baseline years must be two consecutive years including and/or following the year of the most recent State Implementation Plan (SIP) for the generation area.

Baseline Activity: List the level of activity for the facility (i.e., MMBtu/yr, hp-hrs, etc.), the Baseline Emission Rate (BER) of the facility (i.e., lbs/MMBtu, g/hp-hr, etc.), and the Regulatory Emission Rate (RER), if any, for the facility. (The RER is the most stringent value of any state or federal emission limit applying to the facility during the generation period.)

Allowable Emissions: Enter the maximum permitted allowable Emission Rate (ER) or maximum permitted allowable emissions per year (Tons) for the facility. ERCs can not be credited for any emissions over permit allowables.

BE Baseline Emissions: In the Tons column, enter the lower of the actual emissions (Baseline activity x [lower of BER or RER]) or allowable emissions. Enter the average of the two baseline years in the “Avg” column.

Strategy Activity: Enter the level of activity during the generation period. For shutdown facilities, enter zero for strategy level of activity. Enter the emission rate during the strategy period. For shutdown facilities, enter zero for the strategy emission rate.

SIP EI: Enter the year of the Emissions Inventory (EI) used in the most recent SIP demonstration for the criteria pollutant for the generation area. Enter the values reported to the EI for total emissions, level of activity, and emission rate.

Creditable ERCs: ERCs can be calculated following the guidelines in 30 TAC §101.303(b). For facility shutdown, the amount of creditable ERCs would be the lower of the BE average or EI SIP. For permanent emission reductions, the lower of the BE average or EI SIP will be compared to the strategic emission to determine creditable ERCs using the following equation:

{[(BA1 x BER1) + (BA2 x BER2)] / 2} - SE = reduction

Where;

BA is the baseline activity (for years 1 and 2).

BER is the baseline emission rate (for years 1 and 2).

SE is the strategic emissions.

TCEQ 10387 (Revised 12/07) Form EC-1 Instructions

This form is for use by facilities subject to air quality

permit requirements and may be revised periodically. [APDG 5067v3]

Page 3 of 3

VI.Most Stringent Emission Rate

Enter the emission rate or other regulated emission level (state, federal, or permit requirement) the facilities generating ERCs must meet.

VII.Protocol

Indicate the method used to determine emission rates, level of activity, and total emissions. Examples of emission rate protocols include CEMS, stack testing, AP-42, or other approved methods. Examples of level of activity protocols include CEMS, monthly fuel meter readings, operating hours, or other approved methods. All generators or users of emission credits must use a protocol which has been approved by the EPA and is appropriate to the emission reduction, as identified in 30 TAC chapters 115, 116, or 117. Please attach all calculations used to determine the amount of ERCs generated during the generation period.

VIII. Certification by Responsible Official

Please print or type the name and title of the representative of the company which owns or operates the site. This representative must have the authority to make binding agreements and representations on behalf of the applicant. Form EC-1 must be submitted to the TCEQ with an original signature and date, in ink, by the representative identified in this section.

Note: Attachment A, Checklist for DERC Certification, is for use by facility representatives and does not need to be submitted to the TCEQ.

1

Form EC-1 (Page 1)

Application for Certification of Emission Credits

(Title 30 Texas Administrative Code § 101.300 - § 101.311)

I.Company Identifying Information
A. Company Name:
Mailing Address:
City: / State: / Zip Code:
Telephone: / Fax:
B. TCEQ Customer Number (CN):
C. Site Name:
Street Address: (if no street address, give driving directions to site)
Nearest City: / Zip Code: / County:
D.TCEQ Regulated Entity Number (RN):
E.Primary SIC: / Air Permit Number:
II.Technical Contact Identifying Information
A. Technical Contact Name: ( Mr. Mrs. Ms. Dr.)
Technical Contact Title:
Mailing Address:
City: / State: / Zip Code:
Telephone: / Fax: / E-mail:
III.Contact for Sale of Certificate
A. Business Contact Name: ( Mr. Mrs. Ms. Dr.)
Business Contact Title:
Mailing Address:
City: / State: / Zip Code:
Telephone: / Fax: / E-mail:
IV.Generation Activity
Shutdown Additional Control Other:
Describe reduction activity:
Date of Shutdown: / / Date of Reduction: / /
Has production shifted from the shutdown facility to another facility in the same site?  Yes  No

Page _____ of _____

Form EC-1 (Page 2)

Application for Certification of Emission Credits

(Title 30 Texas Administrative Code § 101.300 - § 101.311)

V.Emissions Rate Data
Attach documentation which demonstrates the basis for each value represented in this table.
EPN / FIN / Pollutant / Year / Calculation of ERCs
Baseline Activity / Allowable
Emissions / BE Baseline
Emissions / Strategy Activity / SIP EI / Creditable
ERCs
Activity / BER / RER / ER / Tons / Tons / Avg / Activity / SER / Year / Tons / Activity / ER

Page _____ of _____

Form EC-1 (Page 3)

Application for Certification of Emission Credits

(Title 30 Texas Administrative Code § 101.300 - § 101.311)

VI. Most Stringent Emission Rate
Describe basis for most stringent emission rate:Permit  RACT  Other:
Notes:
VII.Protocol
Protocol used to calculate ERC:
Note: Please attach complete calculations used in the generation of ERCs
VIII.Certification by Responsible Official
I, , hereby certify that the emission reductions claimed on this notice meet the requirements of 30 TAC Chapter 101, Subchapter H, Division 1 and are not based on an emission strategy prohibited in 30 TAC Chapter 101, Subchapter H, Division 1 to the best of my knowledge and belief and that the information entered in this application is correct to the best of my knowledge and belief.
Signature Signature Date ______
Title ______

Mail application to:

Texas Commission on Environmental Quality

Emission Banking and Trading Program MC 206

POBOX 13087

AUSTIN, TX78711-3087

TCEQ 10387 (Revised 12/07) Form EC-1 Instructions

This form is for use by facilities subject to air quality

Page _____ of _____

permit requirements and may be revised periodically. [APDG 5067v3]

Attachment A - Checklist for DERC Certification
Please check the appropriate box. / Applicant
Administrative Information - This information is provided, but not required to be submitted to the TCEQ.
Is the Form EC-1 being submitted within 180 days from the end of the generation period?
Have you provided verification as to whether production shifted from the facility receiving credit to another facility on the same site?
Emission reduction strategy emission rate (unless credit will be generated from a shutdown)
Is information showing the enforceable mechanism for each EPN/FIN included?
Is a list of all applicable Permit and Permit by Rule numbers for each EPN/FIN included?
Is a copy of the Emissions Inventory from the most recent year of emissions inventory used for SIP determinations for each EPN/FIN included?
Is a copy of the Emissions Inventory for the two consecutive calendar years used for the baseline period for each EPN/FIN included?
Is a complete description of the calculation protocols used to determine the amount of credit requested included?
Is a statement containing an explanation of how the credit is real, surplus, and quantifiable included?
Is a list all rule citations for any applicable local, state or federal requirements included? a tank may have a state and a federal requirement. Therefore, listing the TCEQ Chapter 115 rule citation that applies along with the EPA NSPS K, Ka, or Kb should all be listed. This should be done for each EPN/FIN.
State whether or not each EPN/FIN is subject to the Mass Emissions Cap and Trade program or any other cap and trade program. If yes, have you taken a permanent reduction in your allowances?
Technical Review Requirements
Is the reduction strategy or shutdown description included?
If VOC reduction, is a speciated VOC and HAP list and amounts included?
Is the baseline emission activity (ex. fuel usage records, production, use, throughput, and hours of operation) included?
Is the baseline emission rate (ex. emission rate from CEMS or PEMS, guaranteed by vendor,
NSR calculation protocol, AP-42) included?
The most stringent emission rate or standard applicable to each EPN/FIN considering all local, state and federal requirements (ex. RACT, ESAD, NSPS, NESHAPS, MACT, etc.)
Is the backup documentation for the two consecutive calendar years of baseline activity such as production records, or use records, operating logs, or heat input included?
Are calculations for each EPN/FIN to show how each credit generation amount was determined using the equation in §101.303(b)(1) included?
Is backup documentation for the baseline emission rate or factor such as CEMS, PEMS, stack test data, or vendor guarantee included?
Is NSPS applicable? If yes, note the part(s)?
Is NESHAPS applicable? If yes, what part(s)?
Is there a MACT standard for these facilities? If yes, what part(s)?
Does RACT apply? If yes, what part(s)?

TCEQ 10387 (Revised 12/07) Form EC-1 Instructions

This form is for use by facilities subject to air quality

Page _____ of _____

permit requirements and may be revised periodically. [APDG 5067v3]