Nev. Admin. Code § 445B.191 - "Surplus" defined

"Surplus" means an emission reduction that:

1. Has not been relied on in any air quality program related to any nonattainment area state implementation plan;
2. Is not a requirement of any nonattainment area state implementation plan;
3. Is not a requirement of a state air quality program that has been adopted but is not in the applicable state implementation plan;
4. Is not credited in any federal reasonable further progress or other milestone demonstration;
5. Is not a requirement of a consent decree;
6. Is not a requirement of a federal rule that focuses on reducing criteria pollutants or their precursors;
7. Has not been relied upon to issue any preconstruction permit;
8. Is not a requirement established in a new source performance standard or a national emission standard for hazardous air pollutants; and
9. Has not already been credited in any other air quality program.

The purpose of requiring that emissions offsets be surplus is to prohibit double-counting of emission reductions.


Nev. Admin. Code § 445B.191
Added to NAC by Environmental Comm'n by R054-15, eff. 10/27/2015

NRS 445B.210, 445B.300

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