§ 145.394. Application process.
(a) Establishment of general account. The sponsor of an offset project must establish a general account under § 145.352(b) (relating to establishment of accounts). Submissions to the Department required for the award of CO2 offset allowances under § § 145.391—145.397 (relating to CO2 emissions offset projects) must be from the CO2 authorized account representative for the general account of the project sponsor.
(b) Consistency application deadlines. A consistency application for an offset project shall be submitted, in a format prescribed by the Department and consistent with the requirements of this section by the following deadlines:
(1) For an offset project not involving reforestation, improved forest management or avoided conversion, by the date that is 6 months after the offset project is commenced.
(2) For an offset project involving reforestation, improved forest management or avoided conversion the consistency application, by the date that is one year after the offset project is commenced, except as provided under § 145.395(b)(9) (relating to CO2 emissions offset project standards).
(3) The Department will deny any consistency application that fails to meet the deadlines in this subsection.
(c) Consistency application contents. For an offset project, the consistency application must include the following:
(1) The project sponsor’s name, address, e-mail address, telephone number, facsimile transmission number and account number.
(2) The offset project description as required by the relevant provisions under § 145.395.
(3) A demonstration that the offset project meets all applicable requirements in § § 145.391—145.397.
(4) The emissions baseline determination as required by the relevant provisions under § 145.395.
(5) An explanation of how the projected reduction or avoidance of atmospheric loading of CO2 or CO2e or the sequestration of carbon is to be quantified, monitored and verified as required by the relevant provisions under § 145.395.
(6) A completed consistency application agreement signed by the project sponsor that reads as follows:
‘‘The undersigned project sponsor recognizes and accepts that the application for, and the receipt of, CO2 offset allowances under the CO2 Budget Trading Program is predicated on the project sponsor following all the requirements of § § 145.391—145.397. The undersigned project sponsor holds the legal rights to the offset project or has been granted the right to act on behalf of a party that holds the legal rights to the offset project. I understand that eligibility for the award of CO2 offset allowances under § § 145.391—145.397 is contingent on meeting the requirements of § § 145.391—145.397. I authorize the Department or its agent to audit this offset project for purposes of verifying that the offset project, including the monitoring and verification plan, has been implemented as described in this application. I understand that this right to audit shall include the right to enter the physical location of the offset project. I submit to the legal jurisdiction of the Commonwealth of Pennsylvania.’’
(7) A statement and certification report signed by the offset project sponsor certifying that all offset projects for which the sponsor has received CO2 offset allowances under § § 145.391—145.397, under the sponsor’s ownership or control or under the ownership or control of any entity which controls, is controlled by, or has common control with the sponsor are in compliance with all applicable requirements of the CO2 Budget Trading Program in all participating states.
(8) A verification report and certification statement signed by an independent verifier accredited under § 145.396 (relating to accreditation of independent verifiers) that expresses that the independent verifier has reviewed the entire application and evaluated the following in relation to the applicable requirements at § 145.393 (relating to general requirements) and § 145.395, and any applicable guidance issued by the Department:
(i) The adequacy and validity of information supplied by the project sponsor to demonstrate that the offset project meets the applicable eligibility requirements of § § 145.393 and 145.395.
(ii) The adequacy and validity of information supplied by the project sponsor to demonstrate baseline emissions under the applicable requirements under § 145.395.
(iii) The adequacy of the monitoring and verification plan submitted under the applicable requirements under § 145.395.
(iv) Any other evaluations and statements as may be required by the Department.
(9) Disclosure of any voluntary or mandatory programs, other than the CO2 Budget Trading Program, to which greenhouse gas emissions data related to the offset project has been or will be reported.
(d) Consistency application submitted in another state. The Department will not accept as submitted a consistency application for an offset project if a consistency application has already been submitted for the same project, or any portion of the same project, in another participating state, unless the consistency application was rejected by another participating state solely because more of the CO2e emissions reduction or carbon sequestration resulting from the offset project is projected to occur in this Commonwealth than in any other participating state.
(e) Department action on consistency applications.
(1) Completeness determination. Within 30 days following receipt of the consistency application submitted under subsection (b), the Department will notify the project sponsor whether the consistency application is complete. A complete consistency application is one that is in a form prescribed by the Department and is determined by the Department to contain all applicable information and documentation required by § § 145.391—145.397. In no event will a completeness determination prevent the Department from requesting additional information to make a consistency determination under paragraph (2).
(2) Consistency determination. Within 90 days of making the completeness determination under paragraph (1), the Department will issue a determination as to whether the offset project is consistent with the requirements of § 145.393 and this section and the requirements of the applicable offset project standard of § 145.395. For any offset project found to lack consistency with these requirements, the Department will inform the project sponsor of the offset project’s deficiencies.
Cross References This section cited in 25 Pa. Code § 145.302 (relating to definitions); 25 Pa. Code § 145.391 (relating to purpose); 25 Pa. Code § 145.392 (relating to definitions); 25 Pa. Code § 145.393 (relating to general requirements); 25 Pa. Code § 145.395 (relating to CO2 emissions offset project standards); 25 Pa. Code § 145.396 (relating to accreditation of independent verifiers); and 25 Pa. Code § 145.397 (relating to award and recordation of CO2 offset allowances).
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