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

(d) For emission reductions already required by law;

(e) Auth ority 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 co ntrol requirements under federal, state or local laws, rules and regul ations.

12.7.5 Criteria for Granting E RCs

The Control Officer shall not issue any ERC unless the following requir ements 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 allow able emissions of the stationary source.

(c) The emissions baseline for determining ERCs for emission s redu ctions 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 attai nment 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 co ntrols.(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 u nder 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 a llowable emissions specified in the source’s federally enforceable a uthority 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 limit ation established in a New Source Performance Standard (NSPS) or a National Emission Standard for Hazardous Air Pollutants (N ESHAPs), ( i.e., requirements under Sections 111 and 112, respec tiv ely, of the Act); and (2) a different Nevada SIP limitation, the more stringent limitation shall be used as the baseline for determining

ERC S . 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, ERC s 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, ERC s 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 bas eline 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 attai nment 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 bas eline levels and not meeting the criteria in paragraph (i)(1) of Se ction 12.7.5 may be used in the absence of an approved attai nment 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 o bserved.

12.7.6 Notice of Proposed Action and Public Hearing Procedures for ERCs

(a) After receipt of a complete ERC application and issuance of pr oposed 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) A vailability 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 condi tions (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 ass ociated with the public not ice.

(c) The notice shall indicate that all comments must be submitted to the Control Officer in writing within thirty (30) calendar days from the

pu b lication date of the Notice of Proposed Action.

(d) The notice shall indicate the opportunity for any person to re quest a public hearing.