- (a) The Division of Environmental Quality shall, if a permit applicant requests it, issue permits that contain terms and conditions, including all terms required under 40 C.F.R. § 70.6(a) and (c), as promulgated July 21, 1992, and last modified June 3, 2010 (75 FR 31607), to determine compliance, allowing for the trading of emissions increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements.
(b)
- (1) The permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable.
- (2) The division shall not be required to include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades.
- (c) The permit shall also require compliance with all applicable requirements.
- (d) The permittee shall provide seven (7) days’ written notice to the division which shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit.
- (e) The permit shield described in Subpart 6 of this part shall extend to terms and conditions that allow such increases and decreases in emissions.