Texas Commission on Environmental Quality

Form DEC-1

Notice of Generation and Generator Certification

Of Discrete Emission Credits

Form and Instructions

General:

In accordance with Title 30 Texas Administrative Code § 101.373 (c) (30 TAC § 101.373(c)), an owner or an operator of a facility may elect to generate discrete emission credits (DERCs) by reducing emissions beyond the level required by any local, state, and federal regulations and by submitting a completed FormDEC-1 entitled, “Notice of Generation and Generator Certification of Discrete Emission Credits.” A Form DEC-1 must be submitted within 90 days after the end of the reduction strategy period, along with all supporting documentation. Failure to supply any information requested by the Texas Commission on Environmental Quality (TCEQ), pursuant to the application review, may result in the application being denied. The owner or operator of the facility which has generated DERCs is responsible for completing Form DEC-1 within the 90 day period and mailing it to the Texas Commission on Environmental Quality, Air Quality Division, Emission Banking and Trading Program MC-206, P.O. Box 13087, Austin, Texas 78711-3087. All information regarding the nature of the DERC certification and the amount of DERCs credited will be immediately made available to the public.

Specific:

Company Identifying Information

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

B. TCEQ Customer Number (CN): Enter the TCEQ assigned number of the owner or operator of the site. This number is a nine digit number preceded by the letters CN and is assigned by the TCEQ to the company. A typical example of a CN is CN600123456. If your company has not been assigned a CN, you will need to submit a core data form. You may find a copy of the core data form on the TCEQ website at http://www.tceq.state.tx.us/permitting/central_registry/guidance.html, or you may call (512) 239-5160 for assistance to obtain or verify the CN.

C. Site Name: Provide the site name and street address for the facility which has generated DERCs. 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 and not the zip code of the mailing address.

D.  TCEQ Regulated Entity Number (RN): Enter the TCEQ assigned number of the site identified in Section C. This number is a nine digit number, preceded by the letters RN and is assigned by the TCEQ to the entire property owned or controlled by the applicant at a specific location. A typical example of a regulated entity number is RN100123456. If your site has not been assigned a RN, you will need to submit a core data form located on the TCEQ website at

http://www.tecq.state.tx.us/permitting/central_registry/guidance.html, or you may call (512) 239-5160

for assistance to obtain or verify the RN.

E.  TCEQ Air Account Number (if available): The TCEQ issued Air Quality Account Number prior to the RN identification system. A typical example of an Air Account Number is XX-0000-X. The first two letters of this number alphabetically identifies the location of each site.

TCEQ 10391 (Revised 12/07) Form DEC-1and Instructions

This form is for use by facilities subject to air quality permit

requirements and may be revised periodically. Page 2 of 4

Form DEC-1 Instructions


I. 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 and who has the authority to make binding agreements and representations on behalf of the applicant. This technical contact may be a consultant.

II. Contact for Sale of Certificate

A. Sale Contact Name and Title: Provide the name, title, address, telephone number, fax number and e-mail address of the person the TCEQ should contact regarding issuance of the certificate and who has the authority to make binding agreements and representations on behalf of the applicant. This contact will also be listed in the DERC registry so interested parties may inquire about purchase or transfer of the certificate. This account representative must be a company official (owner, plant manager, president, vice president, etc). This person cannot be an outside consultant.

III. Generation Activity

Please identify the type of generation activity; additional control, or other. Please provide a brief description of the generation activity. If the strategy is a reduction in overall emissions, please provide the initial date the reduction went into effect. Indicate whether production has shifted to another facility in the same nonattainment area. Please note that if production has shifted to another facility within the same site, the facility is not eligible to receive DERCs.

IV. Non VOC Emissions Rate Data (and VOC Emissions Data Rate)

List emissions activity for each specific facility generating DERCs. The first table asks for non-VOC emissions. For non-VOC emissions, enter separate lines for each pollutant from the same facility. Enter the information in each column as described below.

V. VOC Emissions Data Rate

Attach documentation which demonstrates the basis for each value the second table asks for VOC emissions. Indicate whether the VOC is classified as a hazardous air pollutant. Attach a separate table listing all species of VOC reduced and their respective amounts. Please use separate rows for ozone and non-ozone season emission, if applicable for the generation area. 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/HAP (Y/N): List the criteria pollutant for non-VOC emissions or indicate whether the pollutant is classified as hazardous for VOC emissions. Please use a separate row for each criteria pollutant.

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. DERCs cannot 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 (Avg) of the two baseline years.

Strategy Activity: Enter the level of activity during the generation period and the emission rate during the strategy period.

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 DERCs: DERCs can be calculated following the guidelines in 30 TAC §101.373(b). For reduction strategies, the lower of the BE average or EI SIP will be compared to the strategic emission to determine creditable DERCs using the following equation:

(SA) * (BER - SER) = reduction generated

Where:

SA = emission reduction strategy activity

BER = baseline emission rate, the lower of the emission rate used in reporting or representing emissions in the emissions inventory used for the state implementation plan or the average of the actual emission rates during the two-year baseline period.

SER = emission reduction strategy emission rate

VI. GENERATION PERIOD

Indicate the total length of the generation period and enter the start and end dates. The generation period, or reduction strategy period, is the time frame the TCEQ should consider in generation of DERCs. The generation period cannot exceed one year in length.

VII. MOST STRINGENT EMISSION RATE

Enter the emission rate or other regulated emission level from any state, federal, or permit requirement the facilities generating DERCs must meet.

VIII. PROTOCOL

Please 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 DERCs generated during the generation period.


IX. CERTIFICATION BY RESPONSIBLE OFFICIAL

Please print or type the name and title of the company representative who owns or operates the site. This representative must have the authority to make binding agreements and representations on behalf of the applicant. The Form DEC-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.

Mail application to:

Texas Commission on Environmental Quality

Emission Banking and Trading Program MC 206

PO BOX 13087

AUSTIN, TX 78711-3087

TCEQ 10391 (Revised 12/07) Form DEC-1and Instructions

This form is for use by facilities subject to air quality permit

requirements and may be revised periodically. Page 2 of 4

Form DEC-1 (Page 1)

Notice of Generation and Generator Certification

Of Discrete Emission Credits

(Title 30 Texas Administrative Code § 101.370 - § 101.379)

I. Company Identifying Information
A. Company Name:
B. Mailing Address:
City: / State: / Zip Code:
Telephone: / Fax:
C. TCEQ Customer Number (CN):
D. Site Name: / Primary SIC:
Street Address (If no street address, give driving directions to site)
Nearest City: / Zip Code: / County:
E. TCEQ Regulated Entity Number (RN):
F. TCEQ Air Account Number: (if applicable):
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. Contact Name: ( Mr. Mrs. Ms. Dr.) :
Contact Title:
Mailing Address:
City: / State: / Zip Code:
Telephone: / Fax: / E-mail:
IV. Generation Activity
Describe reduction activity:
Production shift: Yes No
Date of Reduction: /

TCEQ 10391 (Revised 12/07) Form DEC-1 and Instructions

This form is for use by facilities subject to air quality permit requirements

and may be revised periodically. Page _____ of _____

Form DEC-1 (Page 2)

Notice of Generation and Generator Certification

Of Discrete Emission Credits

(Title 30 Texas Administrative Code § 101.370 - § 101.379)

V. Non-voc Emissions Rate Data
Attach documentation which demonstrates the basis for each value represented in the following table.
(SA) * (BER – SER) = reduction generated
EPN / FIN / Pollutant / Year / Calculation of DERCs
Baseline Activity / Allowable Emissions / BE / Strategy Activity / SIP EI / Creditable DERCs
Activity / BER / RER / ER / Tons / Tons / Avg / Activity / SER / Year / Tons / Activity / ER
VI. VOC Emission Data Rate
Attach documentation which demonstrates the basis for each value represented in the following table.
If applying for VOC DERCs, attach a table listing the specific VOC compounds reduced and the amount of reduction for each compound.
(SA) * (BER – SER) = reduction generated
EPN / FIN / HAP
(Y/N) / Year / Calculation of DERCs
Baseline Activity / Allowable Emissions / BE / Strategy Activity / SIP EI / Creditable DERCs
Activity / BER / RER / ER / Tons / Tons / Avg / Activity / Tons / Year / Tons / Activity

TCEQ 10391 (Revised 12/07) Form DEC-1 and Instructions

This form is for use by facilities subject to air quality permit requirements

and may be revised periodically. Page _____ of _____

Form DEC-1 (Page 2)

Notice of Generation and Generator Certification

Of Discrete Emission Credits

(Title 30 Texas Administrative Code § 101.370 - § 101.379)

VII. Generation Period
12 months Generation Period Start Date / /
Other Days/months Generation Period End Date / /
VIII. Most Stringent Emission Rate
Describe basis for most stringent emission rate: Permit RACT Other:
Notes:
IX. Protocol
Protocol used to calculate DERC:
Note: Please attach complete calculations used in the generation of DERCs
X. 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 4 and are not based on an emission strategy prohibited in 30 TAC Chapter 101, Subchapter H, Division 4 and that the information entered in this application is correct to the best of my knowledge and belief. I further state that to the best of my knowledge and belief the information in this certification is not in any way in violation of 30 TAC, Subchapter H, Division 4, §101.370-101.379 or any applicable air quality rule or regulation of the Texas Commission on Environmental Quality and that intentionally or knowingly making or causing to be made false material statements or representations in this certification is a CRIMINAL OFFENSE subject to criminal penalties. I hereby also waive the Federal statute of limitations defense in regards to the generation and use of discrete emission credits
Signature: Signature Date:
Title:

TCEQ 10391 (Revised 12/07) Form DEC-1 and Instructions