(c) Dual accounting of emission reductions that have already been included as part of Clark County’s baseline emissions in the Nevada 

SIP;

(d) For emission reductions already required by law;

(e) Authority for or the recognition of any rights that would be contrary to 

applicable law; or

(f) An exemption to a stationary source from any other air pollution control requirements under federal, state or local laws, rules and regulations.

12.7.5 Criteria for Granting ERCs

The Control Officer shall not issue any ERC unless the following requirements are met:

(a) Emission reductions used to generate the ERC shall be real, surplus, 

permanent, quantifiable, and federally enforceable.

(b) A revised federally enforceable Minor Source Permit to Operate or 

Part 70 Operating Permit has been issued which contains practicably 

enforceable conditions to limit the emission unit's PTE to the allowable emissions of the stationary source.

(c) The emissions baseline for determining ERCs for emissions reductions is the emissions limit under the Nevada SIP in effect at the time 

the application for a federally enforceable authority to construct is 

filed, except that the emissions baseline shall be the actual emissions 

of the emissions unit from which the ERC is obtained when:

(1) The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual

emissions of sources located within a designated nonattainment 

area for which the preconstruction review program was adopted; 

or

(2) The Nevada SIP does not contain an emission limitation for that 

emissions unit.

(d) Where the Nevada SIP requires certain equipment controls in lieu of 

an emission limitation (e.g., floating roof tanks for petroleum storage), 

baseline allowable emissions shall be based on actual operating 

conditions for the previous two (2) year period (i.e., actual throughput 

and vapor pressures) in conjunction with the required equipment controls.

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(e) ERCs for an emissions reduction shall only be granted to the extent 

that the Control Officer has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR Part 51, Subpart I, or it 

has not been relied on in an attainment demonstration or reasonable 

further progress demonstration in a nonattainment area plan.

(f) Stationary sources with existing actual emissions exceeding the allowable emissions specified in the source’s federally enforceable authority to construct or operating permit (whichever is in effect) are not 

eligible to apply for ERCs. 

(g) Where a stationary source is subject to both (1) an emission limitation established in a New Source Performance Standard (NSPS) or a 

National Emission Standard for Hazardous Air Pollutants (NESHAPs), (i.e., requirements under Sections 111 and 112, respectively, of the Act); and (2) a different Nevada SIP limitation, the more 

stringent limitation shall be used as the baseline for determining 

ERCS. The difference in emissions between the Nevada SIP and the 

NSPS or NESHAPs for such a stationary source shall not be used as 

a basis for ERCs. However, if a stationary source is not subject to a 

NSPS or NESHAPs emissions limit, for example if its construction 

had commenced prior to the proposal of an NSPS or NESHAPs for 

that source category, ERCs may be granted if the stationary source 

accepts a federally enforceable emission limit that is more stringent 

than the Nevada SIP emission limitation.

(h) Where the emissions limit under the Nevada SIP allows greater 

emissions than the potential to emit of the emissions unit, ERCs shall 

only be creditable for emission reductions below the allowable limit of 

the stationary source and the permitted emissions unit. 

(i) Stationary source shutdowns.

(1) Emissions reductions achieved by shutting down an existing 

source or curtailing production or operating hours below baseline levels may be approved only if the shutdown or curtailment 

occurred after the last day of the base year for the SIP planning 

process. The Control Officer may consider a prior shutdown or 

curtailment to have occurred after the last day of the base year if 

the projected emissions inventory used to develop the attainment demonstration explicitly includes the emissions from such 

previously shutdown or curtailed emissions units. However, in 

no event will ERCs be approved for shutdowns that occurred 

prior to November 15, 1990.

(2) Emissions reductions achieved by shutting down an existing 

source or curtailing production or operating hours below base7-277 3/20/14
line levels and not meeting the criteria in paragraph (i)(1) of Section 12.7.5 may be used in the absence of an approved attainment demonstration only if the shutdown or curtailment occurred 

on or after the date the new source permit application is filed, or, 

if the applicant can establish that the proposed new source is a 

replacement for the shutdown or curtailed source, and the cutoff 

date provisions of paragraph (i)(1) of Section 12.7.5 are observed.

12.7.6 Notice of Proposed Action and Public Hearing Procedures for ERCs

(a) After receipt of a complete ERC application and issuance of proposed ERC determination, the Control Officer shall publish in a 

newspaper of general circulation within Clark County, Nevada, and 

on the department’s web site a notice of the following items regarding 

the applicant:

(1) Submittal date of the ERC application;

(2) Availability of information;

(3) Availability of review and analysis of the application based on its 

compliance with each applicable regulation;

(4) A summary of the required air pollution controls (if applicable);

(5) A summary of the number and type of ERCs requested and 

whether the Control Officer proposes to approve or disapprove 

the ERC request in whole or in part;

(6) Availability of the proposed ERC determination documents.

(7) Availability of revised federally enforceable authority to construct 

or operating permit conditions (if applicable);

(8) Opportunity for any person to submit written comments on the 

ERC application, relevant information or data and the proposed 

ERC determination.

(b) The applicant shall reimburse DAQEM for all newspaper costs associated with the public notice.

(c) The notice shall indicate that all comments must be submitted to the 

Control Officer in writing within thirty (30) calendar days from the 

publication date of the Notice of Proposed Action.

(d) The notice shall indicate the opportunity for any person to request a 

public hearing. 

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