1. A. An ERC may be transferred to the control of another person after it is certified and becomes federally enforceable.
2. B. A person may not use an ERC in a manner that causes a violation of any applicable federal or State emission standard or requirement.
3. C. ERCs may not be transferred to a third party or used for any other purpose except as offsets through a federally enforceable permit to construct.

4. D. A source located in Maryland may use an ERC created by a source located in another State if:

   1. (1) The emission reduction is certified by the state in which it is created;
   2. (2) The conditions of the transfer are enforceable by the other state and the EPA; and
   3. (3) All of the requirements in this chapter are met.

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland

Effective date: August 19, 1984 (11:14 Md. R. 1250)

Chapter recodified from COMAR 10.18.17 to COMAR 26.11.17

Chapter, Bubbles, Banking, and Offsets, repealed effective July 8, 1990 (17:11 Md. R. 1344)

Regulations .01—.05, Requirements for Major New Sources and Modifications, adopted effective April 26, 1993 (20:8 Md. R. 724)

Regulation .02D amended effective May 22, 1995 (22:10 Md. R. 708)

Chapter revised effective October 2, 2000 (27:19 Md. R. 1732)

Regulation .01B amended effective November 24, 2003 (30:23 Md. R. 1653)

Regulation .03B amended effective November 24, 2003 (30:23 Md. R. 1653)

Chapter revised effective October 22, 2007 (34:21 Md. R. 1917)

Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1077); April 9, 2018 (45:7 Md. R. 347); October 16, 2023 (50:20 Md. R. 889)

Regulation .02 amended effective July 8, 2013 (40:13 Md. R. 1077)

Regulation .04F adopted effective April 9, 2018 (45:7 Md. R. 347)

Regulation .04F amended effective December 30, 2019 (46:26 Md. R. 1167)

Regulation .04F repealed effective October 16, 2023 (50:20 Md. R. 889)