26.11.17.06

.06 Transferring Emission Reduction Credits.

A. An ERC may be transferred to the control of another person after it is certified and becomes federally enforceable.

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.

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.

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

(1) The emission reduction is certified by the state in which it is created;

(2) The conditions of the transfer are enforceable by the other state and the EPA; and

(3) All of the requirements in this chapter are met.