Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.3831 - Requirements for issuance

Current through June 11,
				2024
1. The Director
				shall not issue an emission reduction credit unless the following requirements
				are met:
(a) The emission reductions used to
				generate the emission reduction credit are surplus, permanent, quantifiable and
				federally enforceable.
(b) Except
				when a unit is fully shutdown, a revised federally enforceable operating permit
				has been issued which contains practicably enforceable conditions to limit the
				potential of the emission unit to emit the allowable emissions of the
				stationary source.
(c) The baseline
				for determining credit for emission reductions is the applicable state
				implementation plan emission limitation in effect at the time the application
				to construct or modify a source is filed, except that the baseline shall be the
				actual emissions of the emissions unit from which the emission reduction credit
				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 applicable state
				implementation plan does not contain an emission limitation for that emissions
				unit.
(d) If the
				applicable state implementation plan requires certain equipment controls in
				lieu of an emission limitation, the baseline allowable emissions are based on
				continuous emissions monitoring system data, where available, or calculated
				using the actual operating conditions of the emission unit for the previous
				2-year period in conjunction with the required equipment controls.
(e) The emission reduction credit has not
				been relied upon by the Director in issuing any permit under regulations
				approved pursuant to
				40 C.F.R. §§
											51.160 to
				51.166,
				inclusive, or in an attainment demonstration or reasonable further progress
				demonstration in a nonattainment area state implementation plan.
(f) If the stationary source is subject to
				both:
(1) An emission limitation established
				in a new source performance standard or a national emission standard for
				hazardous air pollutants under
				42 U.S.C.
				§§
												7411 and
				7412;
				and
(2) A different applicable
				state implementation plan limitation, the more stringent limitation is used as
				the baseline for determining the emission reduction credit. The difference in
				emissions between the applicable state implementation plan and the new source
				performance standard or national emission standard for hazardous air pollutants
				for the stationary source shall not be used as a basis for an emission
				reduction credit. If a stationary source is not subject to an emission
				limitation pursuant to a new source performance standard or national emission
				standard for hazardous air pollutants, an emission reduction credit may be
				issued if the stationary source accepts a federally enforceable emission
				limitation that is more stringent than an emission limitation under the
				applicable state implementation plan.