# COMAR Title 26 — Department of the Environment

## Subtitle 11 — Air Quality

### Chapter 17 — Nonattainment Provisions for Major New Sources and Major Modifications

#### Regulation .06 Transferring Emission Reduction Credits.

*COMAR 26.11.17.06*

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.